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Tourism Legislation

Fourth Annual Ecotourism Conference 21 st February 2012 Nairobi. Tourism Legislation. Background. Tourism sector has relied on outdated & fragmented policy and legal instruments: Sessional Paper No. 8 of 1969 on Development of Tourism in Kenya;

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Tourism Legislation

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  1. Fourth Annual Ecotourism Conference 21st February 2012 Nairobi Tourism Legislation Ministry of Tourism, Kenya

  2. Background • Tourism sector has relied on outdated & fragmented policy and legal instruments: • Sessional Paper No. 8 of 1969 on Development of Tourism in Kenya; • Tourist Industry Licensing Act (TILA) Cap 381 of 1968; • Hotels & Restaurants Act (HRA) Cap 494 of 1972; • KTDC Act,1967; Wildlife Act Cap 376

  3. Need for New Policy & Legal Framework • After impressive growth from1960s - 1980s the sector witnessed unprecedented decline from the 1990s • Socio-economic, geo-political, environmental and technological forces of change introduced new concepts of doing business • Over reliance on the traditional beach and wildlife ‘safari’ • Unplanned expansion of accommodation facilities in key tourism areas • Need for harmonization of policies & legislation

  4. New Tourism Policy • Sessional Paper No.1 of 2010 on Enhancing Sustainable Tourism in Kenya • Goal: achieve sustainable tourism that contributes to a better quality of all people • Key Guiding Principles: community values; code of practice; environmental assessment; sustainable use; conservation; inter and intra-generational equity, polluter pays principle, etc Ministry of Tourism, Kenya

  5. New Tourism Policy • Enhancing Tourism Development • Product diversification ( eco-tourism, community based projects; homestays, agro-tourism, MICE);establish carrying capacities for Tourism Areas • Promote Tourism ethics and standards • Tourism Pricing • Research • Infrastructure and transport • Tourism Promotion and Marketing • Human Resource Development • Legal and Institutional Framework Ministry of Tourism, Kenya

  6. Tourism Act 2011An Act of Parliament to provide for the development, management, marketing and regulation of sustainable tourism and tourism related activities and services and for connected purposes Ministry of Tourism, Kenya

  7. Tourism Act - Highlights • Comprises 11 parts as follows: • Part I : Preliminary • Part II: Formulation of National Tourism Strategy • Prescribe principles, objectives, standards, indicators, procedures & incentives for devt., mgt & marketing of the sustainable tourism: • Packaging of niche tsm products • Stds for development of area plans • Innovative schemes, incentives & ethics for sustainable tourism • Adaptation & mitigation measures on climate change Ministry of Tourism, Kenya

  8. Tourism Act - Highlights • Part III: Establishment of Tourism Regulatory, Development and Marketing Bodies (Tourism Regulatory Authority, Kenya Utalii College, Tourism Protection Service; Kenya Tourism Board and Kenyatta International Convention Centre) • Part IV: Establishment of Tourism Research and Monitoring Institute • Part V: Establishment of Financial Bodies (Tourism Fund and Tourism Finance Corporation) • Part VI: Establishment of the Tribunal Ministry of Tourism, Kenya

  9. Tourism Act - Highlights • Part VII: Tourism Licensing and Tax Provisions • Part VIII: Annual Estimates, Accounts and Audit Provisions • Part IX: Offences, Penalties and Enforcement • Part X; General Provisions • Part XI: Transitional and Repeal Provisions Ministry of Tourism, Kenya

  10. Opportunities for Eco-tourism • (3): National Tourism Strategy (niche products, Tourism Area Development Plans) • Subsidiary Legislation: Guidelines, Rules & Regulations (mainly under TRA) • 7(1a): Guidelines & measures for sustainable tourism • 7 (1d): Criteria for standardization and classification • 7(1e): Hospitality & Tourism Curriculum Ministry of Tourism, Kenya

  11. Opportunities for Eco-tourism • 7(1f): Code of Practice for the tourism sector (TRA) • 53: Tourism Research – sustainable tsm, carrying capacities, conservation needs • 106: Fiscal/Tax incentives and disincentives • 111: Prohibition & offences relating to pollution Ministry of Tourism, Kenya

  12. Thank You

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