tourism act regulations

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Tourism Regulations, NWT Reg 009-2007

• Versions (14)
• Enabling statute (1)
• Amendments (0)
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Current version: as posted on Apr 7, 2023

• Tourism Regulations , NWT Reg 009-2007

No amending legislation available on CanLII

TRA Licensing

Class A includes Hotels, Villas, Homestays ...

Class B Enterprises include restaurants, food and beverage services ...

Class C Enterprises include Tour operators, Local air charter ...

Class D includes Nature parks, Nature reserves, Game ranches ...

Class E includes Local traditional boat operators, Curio vendors ...

Class F includes Entertainment Facilities...

Licensing Overview

Tourism licensing is premised on ensuring customer satisfaction and competitiveness of the country as a tourist destination.  Thus, all products and services as outlined in the 9th Schedule of Tourism Act, 2011 need to meet customer expectations by maintaining minimum standards. In particular, regulation has a number of benefits which include:

• Bringing order to the  sector: Licensing  is a deterrent to would-be unscrupulous businessmen since punitive measures are taken against those who contravene laws.
• Ensuring Customer  Satisfaction: Tourist  handlers are expected to demonstrate high levels of professionalism and integrity. Licensing ensures that only qualified personnel are engaged in the industry.
• Helps Enforce  Standards: Overseas  suppliers have more confidence in dealing with ground handlers who are not only licensed by the Government but are also members of recognized trade associations. The Associations follow codes of ethic approved by the Authority.
• Compilation of a data base and  directory: Licensed  operators and businesses will comprise a  database and directory that would be instrumental for  planning, marketing of the destination and other decision making processes.

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Benefits to the Licensee

The operator with TRA licenses will benefit greatly in that the license will facilitate:-

• Promotion and marketing
• Access to Government incentives e.g. custom duty waivers
• Access to training and capacity-building programmes by government agencies.
• Access to Government financing.
• Endorsement for membership to industry associations

The Tourism Act, 2011 and Tourism Regulatory Authority, Regulations 2014 make the following provisions for licensing:

• Section 7(1) (c) requires tourist-related activities and services including cottages and private residences engaged in guest house services to be licensed by TRA.
• Section 98(1) requires any person carrying out a tourism business or service specified in the Ninth Schedule to get a license from TRA;
• Section 19(1) requires TRA licenses to be renewed three months before expiry.
• Section 19(2) stipulates the imposition of a penalty of 10% of the license fee for every month’s delay in renewing a license.
• Section 29(1) mandates TRA officers to regularly inspect tourism facilities and services where non-compliance is suspected or for purposes of granting or renewing a license.
• Section 112 imposes a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding eighteen months, or both for any person contravening this Act.

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Halima yussuf mucheke.

Board Chairperson

Hon. Halima Yussuf Mucheke is the Chairperson of the Board of Tourism Regulatory Authority. She has a Bachelor’s Degree in Psychology from the University of Nairobi, a Diploma in Business Administration and currently pursuing a Master’s Degree in Business Administration.

She previously worked as nominated member of Parliament with vast experience in the Public Service, having served as a Sub-county Administrator and a District Officer.

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Tourism Act [Chapter 14:20]

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• Create Date July 26, 2020
• Last Updated July 26, 2020

Chapter  14:20

Tourism Act

Act 15/95, 22/2001 (s. 4), 23/2004 (s. 282), 3/2009..

ARRANGEMENT OF SECTIONS

PRELIMINARY Section

• Short title and date of commencement.

ZIMBABWETOURISM AUTHORITY

• Establishment of Zimbabwe Tourism Authority.
• Board of Authority.
• Functions of Authority.
• Qualifications for appointment as member.
• Terms and conditions of office of appointed members.
• Vacation of office by members.
• Minister may require appointed member to vacate his office or may suspend him.
• Filling of vacancies on Board.
• Meetings and procedure of Board.
• Committees of Board.
• Remuneration and allowances of members of Board and committees.
• Members of Board and committees to declare connection with companies and firms dealing with Authority.
• Minutes of proceedings of Board and committees.
• Validity of decisions and acts of Board and committees.
• Appointment and functions of Chief Executive of Authority.
• Execution of contracts and instruments by Authority.
• Reports of Authority.
• Minister may give Board directions on matters of policy.

FINANCIALPROVISIONS RELATING TO AUTHORITY

• Annual programmes and budgets of Authority.
• Grants to Authority from Zimbabwe Tourism Fund.
• Funds of Authority.
• Investment of moneys not immediately required by Authority.
• Authority to make certain charges to revenue account.
• Accounts of Authority.
• Audit of Authority’s accounts.
• Powers of auditors.

ZIMBABWETOURISMFUND

• Establishment and object of Zimbabwe Tourism Fund.
• Composition of Zimbabwe Tourism Fund.
• Administration of Zimbabwe Tourism Fund.
• Application of Zimbabwe Tourism Fund.
• Financial year of Zimbabwe Tourism Fund.
• Books of account and audit of Zimbabwe Tourism Fund.

DESIGNATED TOURIST FACILITIES

• Designation of tourist facilities.

REGISTRATION AND GRADING OFDESIGNATED TOURIST ACT

• Designated tourist facilities to be registered and graded.
• Authority to establish and keep appropriate registers.
• Applications for registration and grading of designate tourist facilities.
• Registration and grading of designated tourist facilities.
• Certificates of registration or grade of designated tourist facilities.
• Publication of list of registered tourist facilities.
• Notification of alterations to registered tourist facilities.
• Cancellation of registration of designated tourist facilities.
• Regarding of designated tourist facilities.

LICENSINGOFOWNERSAND OPERATORSOF DESIGNATEDTOURIST FACILITIES AND OTHER PERSONS

• Persons required to be licensed.
• Licensing officers.
• Applications for licences.
• Form and duration of licences.
• Cancellation of licences.
• Certain designated tourist facilities to keep register of clients.
• Designated officers.
• Powers of Chief Executive, licensing officer and designated officers.
• Secrecy to be observed.
• Authority may require statistics and information.
• Offences and penalties.
• Summary judgment for unpaid levies in criminal proceedings.
• Registers and certificates to be evidence.
• Special provisions relating to dissolution of Zimbabwe Tourist Development Corporation.

First Schedule: Powers of Authority.

Second Schedule: Dissolution of Zimbabwe Tourist Development Corporation.

AN ACT to establish a Zimbabwe Tourism Authority and to provide for its functions; to provide for the appointment and functions of a board of the Authority; to establish a Zimbabwe Tourism Fund; to provide for the appointment of a Chief Executive of the Authority, licensing officers and other officers; to provide for the designation, registration and grading of tourist facilities and for the licensing of persons who provide services connected with tourism; to provide for the imposition and collection of levies in respect of designated tourist facilities; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 1st January, 1996.]

PRELIMINARY

1    Short title

This Act may be cited as the Tourism Act [ Chapter 14:20 ].

                   2    Interpretation

In this Act—

“appointed member” means a member of the Board other than the Chief Executive;

“Authority” means the Zimbabwe Tourism Authority established by section three ;

“Board” means the Board of the Authority constituted in terms of section four ;

“certificate of registration” means a certificate of registration issued in terms of this Act;

“Chief Executive” means the Chief Executive of the Authority appointed under section seventeen ;

“committee” means a committee of the Board;

“designated officer” means a person designated as such in terms of subsection (1) of section fifty-two ;

“designated tourist facility” means any service, premises, place or thing which the Minister has declared to be a designated tourist facility in terms of section thirty-five ;

“domestic excursionist or tourist” means a person whose usual place of residence is in Zimbabwe and who visits or travels to any part of Zimbabwe for the purpose of tourism or an excursion;

“excursionist” means a visitor who does not spend one or more nights in Zimbabwe;

“financial year” means the Financial year of the Zimbabwe Tourism Fund in terms of section thirty-three ; “graded” means graded in terms of this Act;

“levy” means a levy prescribed in terms of section fifty-five and includes any surcharge prescribed in terms of that section;

“licence” means a licence issued in terms of this Act;

“licensing officer” means a licensing officer referred to in subsection (1) of section forty-six ;

“member” means a member of the Board, including the chairman and deputy chairman of the Board;

“Minister” means the Minister of Environment and Tourism or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“operator”, in relation to a tourist facility, means any person who conducts or operates the tourist facility or who is responsible for its management;

“registered” means registered in terms of this Act;

“registered tourist facility” means a designated tourist facility which has been registered;

“tourist” means a visitor who spends at least one night in Zimbabwe and whose journey is for any one or more of the following purposes—

• recreation;
• religion; ( f ) sport;
• visiting friends or relatives;
• work that is not remunerated from within Zimbabwe;

“tourist industry” includes all businesses, enterprises and activities which provide tourist facilities, including any such businesses, enterprises and activities carried on by the State, a statutory body or a local authority;

“visitor” means any person whose usual place of residence is outside Zimbabwe and who visits Zimbabwe for a period not exceeding one year for any reason other than immigration or employment remunerated from within Zimbabwe;

“Zimbabwe Tourism Fund” means the Zimbabwe Tourism Fund established by subsection (1) of section twenty-nine .

                   3    Establishment of Zimbabwe Tourism Authority

There is hereby established an authority, to be known as the Zimbabwe Tourism Authority, which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of performing all acts that bodies corporate may by law perform.

                   4    Board of Authority

(1) Subject to this Act, the operations of the Authority shall be controlled by a board consisting of— ( a ) a chairman and deputy chairman appointed by the Minister in accordance with this Part; and

• the Chief Executive; and
• not fewer than six and not more than eight other members appointed by the Minister in accordance with this Part.
• The Minister shall appoint members in terms of paragraphs ( a ) and ( b ) of subsection (1) after consultation with the President and subject to such directions as the President may give him.
• Members shall be appointed for their knowledge of and ability and experience in the tourist industry or for their suitability otherwise for appointment as members.

                   5    Functions of Authority

(1) Subject to this Act, the functions of the Authority shall be—

• to promote Zimbabwe as a destination for tourists, and to promote the tourist industry in overseas, regional and domestic markets;
• to develop marketing skills and initiatives within the tourist industry;
• to promote high standards in the tourist industry through the establishment of standards, training and human resource development;
• to register and grade designated tourist facilities;
• to promote the development of tourist facilities;

{ f ) to undertake planning for the tourist industry, including the conduct of market research and the development of a tourism database;

• to promote awareness in Zimbabwe of the benefits of tourism;
• to provide consultancy and advisory services in relation to tourism;
• to investigate and make recommendations to the Minister on any matter affecting the tourist industry and the administration of this Act;
• on its own initiative or at the request of the Minister, to carry out any function that may be conferred or imposed on the Authority by or under this Act or any other enactment.
• For the better exercise of its functions the Authority shall have power, subject to this Act, to do or cause to be done, either by itself or through its agents, all or any of the things specified in the First Schedule, either absolutely or conditionally and either solely or jointly with others.
• In the performance of the Authority’s functions, the Board shall have regard to the environmental, social and physical impact to any activity or undertaking referred to in subsection (1) or in the First Schedule.

                   6    Qualifications for appointment as member

• Subject to this section, a person shall be qualified for appointment as member if he is a citizen of Zimbabwe or ordinarily resident in Zimbabwe.
• The Minister shall not appoint a person as a member, and no person shall be qualified to hold office as a member if—
• he has been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or
• he has made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside;
• within the period of five years immediately preceding the date of his proposed appointment, he has been convicted in Zimbabwe or in any other country of an offence involving fraud or dishonesty and sentenced to a term of imprisonment imposed without the option of a fine, whether or not any portion of the sentence has been suspended.

(3) A member of Parliament shall not be qualified for appointment as a member, nor shall he hold office as a member.

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The Tourism Act, 2008

An Act to provide for institutional framework, administration, regulation, registration and licensing of tourism facilities and activities; and for related matters.

Related posts

The tobacco products (regulation) act, 2003, tourism agents registration and licensing regulation 2015, immigration act revised 2016.

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• Travel and Tourism /

Tourism Law: Importance, Types, List of Laws

• Updated on  
• Feb 18, 2023

The tourism sector is booming more than ever. The fact that the revenue travel and tourism market is anticipated to reach approximately US$ 854.80bn in 2023 contributes to the industry’s expansion. According to a Statista analysis, Revenue is anticipated to rise at a rate of 4.41% per year (CAGR 2023–2027), with a predicted market value of US$1,016.00 billion by 2027. There has always been a need to govern and monitor the patterns and execution of specific laws and regulations which keep things and stakeholders organized given the expanding demand for different parts of the tourism industry. You are on the right page if you are wondering what tourism law is all about. Continue reading to know more about it.

This Blog Includes:

What is tourism law, why do we need a tourism law, environment-related , protection of tourists and health, business and commerce related, related to industries and labour, social and welfare laws, licenses applicable in hotel liquor license organizations, laws related to foreign tourists, laws related to transportation, criminal activities related laws.

Tourism In simple terms, specific rules governing the travel and hospitality industries are referred to as tourism law. The tourism industry is dependent on several factors. The World Tourism Organization launched an information service on tourism legislation on its main website. By 1998, the document centre had amassed more than 2000 pieces of legislation governing the key sectors of travel and tourism in more than 140 nations.

Due to the diversity of tourism, there isn’t a single object that can be referred to as a tourist law. However, laws are often used in the tourism sector to control, authorize, encourage, empower, or outlaw the commercial and recreational activities of both visitors and service providers. Additionally, there are laws recognising the rights of tourists as well as contract laws governing the relationships across industry sectors. 

According to Ronaldo A. Kaiser (Travel and Tourism Law, 1994), tourism laws create and define seven basic concepts:

• Travel is a legal right.
• Safe and adequate accommodations must await the traveller.
• Reliable and safe transportation must be readily available.
• All travellers should have access to such accommodations.
• Travel and accommodation costs must be reasonable
• Regulation of the travel and tourism industry is necessary, and 
• A redressal mechanism for transgressions of rights and regulations is necessary.

What should all be included by the tourism legislation on the bucket list is the primary issue that arises. In general, tourist law would aim to clearly and unambiguously define the duties and obligations of the various tourism-related sectors towards both the customer and the service providers. The following functional areas can be used to categorize the numerous tourism laws that have been developed or introduced around the world:

• Those related to the protection of tourists
• Those related to border controls,
• Those related to quality services
• Those related to the protection of the environment
• Those related to the conservation of historical sites and monuments
• Those related to economic development
• Those determine the relationship between various segments of the tourism industry.

Nevertheless, more and more areas are being added, such as visitor safety, health and hygiene, and privacy protection, in addition to numerous environmental laws and regulations that have developed over time.

The growth of tourism as a significant industry has highlighted the necessity for a positive working relationship between travellers and service providers. Let’s understand why we need a tourism law.

The goal of travel legislation, according to the World Tourism Organization (UNWTO), is to provide a legal framework for the proper growth and administration of tourism-related activities. Ideally, this will contribute to the protection of cultural traditions as well as natural resources. Additionally, travel businesses and customers are given fundamental legal protection. However, there is a notable lack of enforcement of tourism legislation worldwide, hence, it is understandable that popular nations also struggle to monitor and enforce regulations designed to safeguard tourists.

List of Tourism Laws in India

Tourist laws currently in effect are identical to those that are governed by Indian law and the judiciary. Numerous laws have an effect on or are associated with tourism, both directly and indirectly. 

The Indian government has not enacted any tourist legislation or any central tourism legislation. However, in 2002, the National Tourism Policy was formed for the growth and promotion of the tourism industry, and it incorporates fundamental principles for preserving the interests of travellers and tourism firms. But different regulations apply to different parts of tourism. They are listed below.

• The Indian Forest Act
• The Wildlife Protection Act
• The Forest Act
• The Forest Conservation Act
• The Air Prevention and Control of Pollution Act
• The Environment Act
• The National Environment Tribunal Act
• Coastal Zone Regulations
• The Ancient Monuments Act
• Regulations made by the Archaeological Survey of India
• Guidelines issued by the Ministry of Culture
• Indian Penal Code
• Consumer Protection Act
• Prevention of Food Adulteration Act
• The Partnership Act 1932
• Negotiable Instrument Act 1881
• Sales of Goods Act 1930
• Shops and Establishment Act (State Specific)
• Indian Contract Act, 1872
• Health Protection Act (No Smoking Laws) 1996
• The Factories Act 1948
• Payment of Wages Act 1936
• The Minimum Wages Act of 1948
• Equal Remuneration Act of 1976
• Trade Union Act of 1948
• Industrial Dispute Act 1947
• The Employees Provident Fund and Miscellaneous Provisions Act 1952
• Payment of Gratuity Act 1972
• Payment of Bonus Act 1966
• Employees State Insurance Act 1948
• Maternity Benefit Act 1961
• Workmen Compensation Act of 1923
• Apprentices Act 1961
• Grant of Liquor License to Hotels/Restaurants/Clubs for Service Liquor
• Registration of Foreign License
• Foreign Exchange Regulation Acts 1973
• Lodging House License 
• Eating House License
• Fire and Safety License
• Swimming Pool License
• Public Amusement License
• Video Games Parlor License
• Foreigner Act of 1946
• Passport Act of 1967
• Laws Related to Transportation 
• Baggage Amendment Rules 2006
• Motor Vehicle Act of 1988
• Aircraft Act of 1934
• The Carriage by Air Act 1972
• Indian Penal Code 1860 
• Criminal Procedure Code 1973
• Evidence Act 1872
• Narcotic Drugs and Psychotropic Substances Act 1985
• Indian Tobacco Control Act of 2003
• The Immoral Traffic (Prevention) Act, 1956

Ans. There are typically three rules that must be observed when foreigners visit India: The Foreigners Registration Act of 1939 and the Passport (Entry into India) Act of 1920 Moreover, the 1946 Foreigners Act.

Ans. There are three basic forms of tourism: domestic tourism, inbound tourism, and outbound tourism.

Ans. The term “tourism laws” refers to a collection of national, state, and international laws that govern many facets and operations of the travel industry. For instance, travel legislation may include rules governing work, hospitality, or public health.

Many enthusiastic adventurers and those who enjoy travelling and discovering the unexplored beauties of the globe are drawn to the tourism sector. Numerous laws and regulations cover tourism-related enterprises and activities in the majority of countries. There are many different kinds of tourism-related laws that have been passed in numerous nations, covering subjects like tourist protection, border controls, service standards, environmental protection, preservation of historical sites and monuments, regulations of the tourism industry, and the interaction between various travel and tourism industry segments. Follow Leverage Edu for more interesting blogs.

Nidhi Mishra

Nidhi Mishra is an educator who also enjoys writing content. She has earned an undergraduate degree in Mass Communication, B.Ed, and post graduation in Counseling Psychology with a specialization in Organizational Behavior. She has a wide range of expertise creating content for a number of educational niches, including K–12, experiential learning, teachers' and employees' training to name a few.

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