Chapter 38 01 Wildlife Conservation And National Parks-Books Pdf

CHAPTER 38 01 WILDLIFE CONSERVATION AND NATIONAL PARKS
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Game Farms and Ranches,24 Game farms and ranches, 25 Regulations in respect of game farms or ranches. Licences to Hunt,26 Game licences,27 Bird licence,28 Single game licence. 29 Small game licence,30 Special game licence,31 Issue of licences. 32 Number of licences and animals,33 Disqualification for grant of licence. 34 Hunting card,35 Refund of licence fees,36 Open season.
37 Loss or destruction of licence,38 Register of animals killed. 39 Permits that may be granted by the Director,40 Permits which licensing officer may grant. 41 Conditions applicable to permits,42 Appeal to the Minister. General Provisions with Regard to Hunting,43 Professional guides. 44 Professional hunters, 45 Prohibition of certain activities in specified areas.
46 Killing of animals causing damage,47 Killing of animals in self defence. 48 Killing of animals by accident or in error, 49 Hunting or capturing of animals without permission of land owner or occupier. 50 Conveyance of loaded weapon in certain circumstances. 51 Killing of dogs in certain circumstances, 52 Prohibition of certain activities in specified areas. 53 Permission in respect of tribal land,54 Wounding of animals. 55 Hunting or capturing by night,56 Hunting or capturing during close season.
57 Unlawful methods of hunting,58 Elephant and buffalo hunting. 59 Killing of lion or leopard,60 Sale of animals or parts or eggs thereof. Copyright Government of Botswana,61 Purchases of animals or parts or eggs thereof. Export and Import of Animals Trophies and Meat of Animals and Sale and Manufacture of Articles from. 62 Export and import of animals etc,63 Export duty to be paid. 64 Dealing in trophies,65 Trophy dealer s licence,66 Records and returns by trophy dealers.
Ivory and Rhinoceros Horn,67 Killing of elephant and rhinoceros. 68 Ivory or tusks imported into or acquired in Botswana. 69 Transfer of ivory,70 Rhinoceros horn,Government Trophies. 71 Government trophies, Evidence Prevention and Detection of Offences and Forfeitures. 72 Evidence and presumptions, 73 Powers of wildlife officers gate attendants and police officers. 74 Erection of road barriers,75 Forfeitures etc,76 Admission of guilt.
77 Magistrates courts special jurisdiction,78 Alternative verdicts. 79 Second or subsequent offence, 80 Destruction of animals by wildlife officers in certain circumstances. 81 Hunting in forest areas,82 Keeping of animals,83 Rights of ownership in animals. 84 Powers of licence and permit holders etc in respect of other hunters. 85 Personation of officers etc,86 Delivery of firearms to gate attendant. 87 Freedom from liability,88 Directions by Minister.
89 Minister s licence,90 Power to suspend etc operation of Act. 91 Amendment of Schedules,Copyright Government of Botswana. 92 Regulations,93 Payment of fees to district councils. 94 Repeal and saving,First Schedule National Parks. Second Schedule Game Reserves and Sanctuaries,Third Schedule Wildlife Management Areas.
Fourth Schedule Controlled Hunting Areas, Fifth Schedule CITES Convention on International Trade in Endangered Species of. Wild Fauna and Flora,Sixth Schedule Protected Game Animals. Seventh Schedule Game Animals and Birds, Eighth Schedule Maximum Number of Animals which may be Killed by virtue of. Landholders Privileges during any one Period Specified. Ninth Schedule Dangerous Animals,Tenth Schedule Notice of Intended Prosecution. Act 28 1992,Act 16 1993,S I 31 1994,S I 61 1995,S I 86 1995.
S I 28 1999,S I 65 2007,S I 80 2007, An Act to make further and better provision for the conservation and management of the. wildlife of Botswana giving effect to CITES and any other international convention for. the protection of fauna and flora to which Botswana is from time to time a party to. provide for the establishment control and management of national parks and game. reserves and for matters incidental thereto or connected therewith. Date of Commencement 11th December 1992,Preliminary ss 1 4. 1 Short title, This Act may be cited as the Wildlife Conservation and National Parks Act. 2 Interpretation, 1 In this Act unless the context otherwise requires. animal means and includes any vertebrate or invertebrate animal or bird and the eggs. and young thereof but does not include a fish except in a national park or a game reserve or. a domestic animal or bird or the eggs and the young thereof. Copyright Government of Botswana, capture includes any act immediately directed at the taking alive of any animal or the.
taking of any nest eggs or young of any animal, CITES means the Convention on International Trade in Endangered Species of Wild. Fauna and Flora to which Botswana is a Party as set out in the Fifth Schedule to this Act and. includes any Appendices thereto and any Resolutions of the Conferences of the Parties. close season in relation to any game animal and any area means any period which is. not an open season in respect of that animal and that area. controlled hunting area means an area of land declared to be a controlled hunting area. under section 16 and specified in the Fourth Schedule. dangerous animal means any animal specified as a dangerous animal in the Ninth. Director means any person for the time being holding the public office of Director of. Wildlife and National Parks, district office means an office of a district administrative officer. domestic animal means any horse mare gelding ass mule bull cow ox ram ewe. wether goat pig camel dog or cat commonly regarded as a domestic animal or the young of. any such animal, domestic bird means any fowl duck goose turkey or pigeon commonly regarded as a. domestic bird or the eggs or young thereof, game or game animal means any animal specified in the Sixth and Seventh Schedules. of this Act, game reserve means an area of land declared to be a game reserve by or under section.
12 and specified in the Second Schedule, gate attendant means any person employed in a national park or game reserve as a gate. Government trophy means anything which under this Act is declared to be a. Government trophy, honorary officer means a person appointed as an honorary officer under section 4. horn includes rhinoceros horn,hunt means and includes. a kill injure shoot at or follow,Copyright Government of Botswana. b wilfully disturb or molest by any method, c lie in wait for or search for with intent to kill injure or shoot at.
ivory means elephant ivory in whatever form, land board means a land board established as such under the provisions of the Tribal. licence means a licence issued under this Act, licensing officer means a person appointed as a licensing officer under section 3. meat includes the fat blood and flesh of any animal whether fresh dried tinned or. otherwise preserved, national park means a national park declared as such under this Act and specified in the. First Schedule, night in any year from the 1st March to 30th September means the period of time. between half past six in the evening and six o clock in the morning and from the 1st October. to the last day of February means the period of time between half past seven in the evening. and half past five o clock in the morning, non designated animal means any animal which is not a game animal.
occupier in relation to land means the person in actual lawful occupation of the land. who has the right to exercise general control over such land and actually resides thereon. open season in relation to any game animal other than a protected game animal and. any area means the period declared by the Minister under section 36 as the period during. which such game animal may be lawfully hunted in such area. owner in relation to any land means, a in the case of private land the person in whose name such land is registered in the. Deeds Registry, b in the case of land vested in a city or town council or a township authority the said. council or authority,c in the case of State Land the President. d in the case of a tribal area the land board established in respect of that tribal area. partially protected game animal means any animal which is so declared under section. 18 and specified in Part I of the Seventh Schedule. permit means a permit granted in accordance with the provisions of section 39 or section. Copyright Government of Botswana,40 of this Act, possession shall have the same meaning as is given to the word possession in section. 2 of the Penal Code, private game reserve means an area of land declared to be a private game reserve.
under section 13, private land means any land the ownership of which has by law grant or title deed. become vested in any person other than the State or a tribe. professional guide means any person other than a tracker driver beater bearer or. domestic servant who for hire or reward conducts or assists any other person or party for the. purpose of visiting viewing or photographing animals or places of interest or beauty or of. botanical historical geological ethnological or archaeological significance or for the purpose. of sport fishing but which purpose shall not include the hunting or capture of animals. professional hunter means any person who for hire or reward conducts hunting or. photographic parties or any person other than a tracker driver beater bearer or domestic. servant who for hire or reward assists any person or party in the hunting or photographing of. any animal, protected game animal means any animal which is so declared under section 17 and. specified in the Sixth Schedule,purchase includes barter or exchange. sanctuary means an area of land declared to be a sanctuary under the provisions of this. season means in relation to any game animal and any area the open season or where. no open season has been declared a year commencing on the first Tuesday in April in such. sell means sell barter exchange hawk offer or expose for sale. trap means any net rod hook spring gin snare contrivance or device by means of. which an animal can be captured netted or snared, tribal area has the same meaning as in the Tribal Land Act. tribe has the same meaning as in the Bogosi Act and includes a tribal community as. defined in that Act, trophy means any horn ivory tooth tusk bone claw hoof hide skin hair feather egg.
or other durable portion whatsoever of any animal whether processed or not which is. recognizable as a durable portion of such animal, trophy dealer means a person who carries on the business of buying trophies for resale. Copyright Government of Botswana, or export or who carries on the business of processing trophies. water installation means a canal channel reservoir embankment weir dam borehole. well pipeline pumping plant filter bed filter purification plant machinery appliance. apparatus fitting or accessory or anything constructed erected or used for or in connection. with the impounding storage passage drainage control or abstraction of water or the. development of water power or the filtration or purification of water or the use of water or the. conservation of rainfall, weapon means any firearm or ammunition therefor or any other instrument capable of. propelling a projectile or capable of being propelled or used in such manner that any animal. can be killed or injured thereby, wildlife management area means an area of land declared to be a wildlife management. area under section 15 and specified in the Third Schedule. wildlife officer means any person for the time being holding the public office of Director. or any other public officer of the Department of Wildlife and National Parks charged with the. implementation and administration of the provisions of this Act and to the extent to which an. honorary officer is permitted to act includes an honorary officer. 2 For the purposes of this Act a person shall be deemed to be a resident of Botswana if. a he is a public officer or a teacher employed by the Unified Teaching Service or the. spouse or child of such an officer or teacher, b he is a member of a class of persons designated for the purposes of this subsection.
by the Minister by notice in the Gazette or, c he holds a residence permit or an exemption certificate which he has held for a. continuous period of 12 months and has been present within Botswana for at least 9. months of the immediately preceding period of 12 months. 3 Wildlife officers, 1 There shall be designated a public officer to be the Director of Wildlife and National. Parks and there shall be within the public service such wildlife officers as are necessary for. the purposes of this Act, 2 The Director shall designate suitable wildlife officers to be licensing officers for the. purposes of this Act, 3 The Director shall be the Scientific Authority and the Management Authority for the. purposes of CITES in respect of animals but may delegate his responsibilities as such. Authorities to any wildlife officer subject to his own overriding control. 4 Honorary officers,Copyright Government of Botswana.
1 The Minister may by notice published in the Gazette appoint fit and proper persons to. be honorary officers for the purpose of assisting in carrying out the duties imposed on wildlife. officers by this Act, 2 In carrying out their duties under this Act honorary officers shall have such powers as. are conferred by the Act on wildlife officers unless otherwise specifically provided. 3 An honorary officer shall hold office for a period of three years unless the Minister. sooner revokes his appointment and shall be eligible to be reappointed. National Parks Game Reserves Sanctuaries and Private Game Reserves ss 5 14. 5 Declaration of national parks, 1 Any area specified in the First Schedule to this Act is hereby declared to be a national. park for the propagation protection and preservation therein of wild animal life vegetation and. objects of geological ethnological archaeological historical or other scientific interest for the. benefit and advantage and enjoyment of the inhabitants of Botswana. 2 The President may by order published in the Gazette declare any area of State Land or. any land bequeathed or donated to him or to any other person to be a national park either on. its own or adding it to an existing national park, Provided that the President shall not declare to be a national park or add to a national park. any land so bequeathed or donated to any other person or persons unless he is satisfied that. such person has or all such persons have as the case may be consented thereto. 3 Where circumstances exist that in his opinion so warrant the President may by order. published in the Gazette amend the boundaries of a national park by adding new areas. thereto or by excising part thereof, 4 Before the President makes an order under subsection 2 or subsection 3 the Minister. shall cause public notice of the intended order to be given and shall in such notice call for. any intended objections to such order to be lodged in writing with him within such reasonable. time as shall be specified and any objections so received shall be laid before the President for. his consideration, 5 For the purposes of subsection 4 public notice means a notice published once in the.
Government Gazette and at least once during each of three successive weeks in a newspaper. circulating in the area to which the notice relates the first insertion in the newspaper being. made in the same week as the publication in the Government Gazette. 6 Any order made under subsection 2 shall be laid before Parliament as soon as. possible after it has been published in the Gazette and shall unless confirmed by resolution of. Parliament during the session it is so laid before it lapse and cease to have effect as from the. date of the conclusion of that session,Copyright Government of Botswana. 6 Control of national parks, 1 The Minister shall be responsible for the control management and maintenance of. national parks and without derogation from the generality of the foregoing the Minister shall for. such purposes within such parks have power to, a construct such roads bridges aerodromes soil and water conservation works. irrigation works buildings and fences and to carry out such other works as he may. consider necessary for the purposes of such national parks. b take such steps as will ensure the security of the animals and vegetation in national. parks and the preservation of such parks and the animals and vegetation therein in a. natural state, c reserve or set aside any areas of such parks as breeding places for indigenous. animals and nurseries for indigenous trees shrubs plants and flowers. d let sites for the erection of shops hotels restaurants or other buildings for the. accomodation or recreation of visitors to let sites to yachting clubs boating clubs. boatwrights and persons plying boats for hire and to control the manner in which. such undertakings are carried on, e construct maintain administer or let hotels restaurants rest camps and other.
buildings and let accomodation therein, f control the charges which may be made by shopkeepers hotel keepers restaurant. proprietors boatwrights and persons plying boats for hire. g sell or exchange any specimen of animal or vegetation in a national park. h purchase exchange or otherwise acquire any specimen of indigenous animal or. vegetation which he may consider it desirable to introduce into a national park. i authorize any person to take or collect and remove any specimen of animal or. vegetation from a national park or do anything otherwise prohibited under this Act for. scientific purposes, j authorize any scientific investigations on such terms and conditions as he may. approve and, k authorize the killing or capturing of any animal or the destruction or removal of any. species of vegetation in the interest of the conservation of the fauna and flora of such. parks and of their management and control, 2 The Minister may delegate to the Director or to any wildlife officer such of his powers. under this section as he considers necessary or desirable. 7 Entry into national park,Copyright Government of Botswana.
1 Except as is otherwise provided in this Act and notwithstanding the provisions of any. other written law no person other than a wildlife officer or a gate attendant shall enter be in or. reside in a national park except under and in accordance with the permission of the Minister or. of any wildlife officer authorized to grant such permission. Provided that, i the Minister may by notice exhibited at the entrance to a national park grant. permission to persons to enter therein on such days and during such hours as may be. stated in the notice and on payment of such fees and subject to such conditions as. may be prescribed by regulations, ii this subsection shall not apply to persons in the employment of the Government who. with the written permission of the Director enter are in or reside in a national park in. the execution of their official duties as employees of the Government. 2 Permission may be given in accordance with the provisions of subsection 1 subject to. such terms and conditions as may be prescribed or as may be deemed necessary by the. person granting permission and shall be granted only for the purposes of. a health study or recreation or matters incidental thereto. b travel or transport along such roads as may be prescribed. c transacting any lawful business with or concerning any person within a national park. or if the person seeking permission was or belongs to a community which was resident in. the national park prior to the date when the area was declared as a national park. 8 Certain acts in a park prohibited, 1 Except as provided in subsection 2 no person other than a wildlife officer or a gate. attendant acting in the exercise of his official duties or any other employee of the Government. with the written permission of the Director and acting in the exercise of his official duties as. such employee shall, a convey into or be in possession of any weapon explosive trap or poison within a. national park, b without lawful excuse be in possession of or kill hunt injure capture or disturb any.
animal or take or destroy any egg or nest in a national park. c cause any damage to or disturb any object of geological ethnological historical. archaeological or other scientific interest within a national park or remove any such. object from a national park, d introduce any wild or domestic animal or any fish or any vegetation into a national. park or permit any domestic animal to stray into a national park. Copyright Government of Botswana, e remove from a national park any animal or part of an animal or any vegetation. whether alive or dead other than an animal he has lawfully introduced into the park. f cut damage or destroy any tree or other vegetation in a national park. g erect any structure whether permanent or otherwise or make any road or airstrip or. otherwise alter the natural environment except as may be expressly permitted by the. Minister or by a wildlife officer authorized to give such permission. h destroy or deface any object whether animate or inanimate in a national park or. i wilfully or negligently cause any veld fire in a national park. 2 Notwithstanding the provisions of subsection 1 it shall not be an offence for any. a to kill any dangerous animal in a national park where such killing is necessary in. defence of human life or to prevent the infliction of personal injury or. b with the permission of the Minister or a wildlife officer authorized to grant such. permission to convey into or through a national park any animal or weapon required. in connection with lawful travel or transport in or through a national park or lawful. residence or sojourn therein, 3 a Any domestic animal found within a national park other than an animal in the lawful. possession of a wildlife officer or a gate attendant or introduced into the park in accordance. with subsection 2 b may be destroyed by a wildlife officer or a park attendant. b Any vegetation introduced into a national park in contravention of the provisions of this. Act may be destroyed by or on the instructions of a wildlife officer. 9 Regulations in respect of national parks, Regulations made by the Minister under section 92 may in respect of national parks. include the following, a the powers and duties of wildlife officers and gate attendants in relation to national.
b the exclusion of members of the public from certain areas within a park. c the killing capturing or impounding of any animal within a park and the disposal. d the burning of grass and the cutting of trees and vegetation within a park. e the conditions subject to which permission to enter be or reside in a park may be. granted under section 7 and the periods or times during which a park or any part. thereof shall be open to the public,Copyright Government of Botswana. f the conditions under which domestic animals may be introduced into and conveyed. through a park in accordance with the provisions of section 8 2 b. g the conditions under which the services or attendance of wildlife officers or gate. attendants may be obtained by any person entering passing through or sojourning. within a park and the fees to be paid in respect of such services or attendance. h the protection and preservation of parks and of the animal life and vegetation therein. in a natural state, i the regulation of traffic and the carriage of passengers in a park including the closing. of public roads as defined in the Public Roads Act and other roads at specified times. j conditions governing the use therein of vehicles aeroplanes and microlight aircraft. k defining and controlling the points at which persons may enter a park and the roads. by which they may pass through a park, l the protection from damage or defacement by writing or other wise of any tree rock. bridge fence seat or any other object in a park, m the regulation control restriction or prohibition of boating and yachting on or fishing. in any waters in a park the issue of permits or licences in respect therefor and any. fees to be paid in respect thereof, n any matter including the setting up of local committees to advise on the.
administration of any park and defining the functions of such committees and. o the fees if any to be paid by persons entering therein or doing any specified thing. therein or for the use of any article or facility therein. 10 Mining in a national park, Subject to any mining rights lawfully acquired in any area by any person before the date on. which such area became a national park any prospecting or mining in the area or the. acquisition of any prospecting or mining rights in the area in terms of the Mines and Minerals. Act shall be prohibited except with the written permission of the Minister. 11 Offences in a national park, 1 Any person who kills hunts or captures any animal in a national park shall be guilty of an. offence and without derogation from his liability under any other provision of this Act shall be. liable to a fine of P10 000 and to imprisonment for 7 years. 2 Any person who contravenes or fails to comply with any other provision of section 7 1. 8 1 or 10 shall be guilty of an offence and without derogation from his liability under any other. provision of this Act shall be liable to a fine of P2 000 and to imprisonment for 2 years. Copyright Government of Botswana,12 Game reserves and sanctuaries. 1 Each of the areas defined in the Second Schedule is hereby declared to be a game. reserve or a sanctuary in respect of the animals species or variety specimen or sex of animal. specified in relation thereto, 2 The President may from time to time by order published in the Gazette declare any. other area of land to be a game reserve or a sanctuary or alter the boundaries of or abolish. any game reserve or sanctuary, Provided that in respect of any particular game reserve or sanctuary the President may.
declare that it shall be a game reserve or a sanctuary only in respect of animals of such. species variety specimen or sex of animal or animals as may be specified and may amend. any such declaration, 3 In any game reserve or sanctuary no person shall hunt or capture any animal or. species or variety specimen or sex of any animal specified in relation to such game reserve or. sanctuary except only under and in accordance with the terms and conditions of a permit. issued under section 39 and any person who contravenes the provisions of this section shall. be guilty of an offence and without derogation from his liability under any other provision of. this Act shall be liable to a fine of P5 000 and to imprisonment for 5 years. 13 Private game reserves, 1 The owner of private land may apply in writing to the President to have his land declared. a private game reserve and the President may by order published in the Gazette and subject. to such terms and conditions as the President may determine declare such land to be a. private game reserve for the protection and preservation therein of all wild animal life or of. such species or variety of animals as may be specified in the order. 2 The President may similarly amend or revoke an order published under this section. 3 Within a private game reserve no person shall hunt or capture any animal or any. species or variety of animal which is specified in the order declaring it to be a private game. reserve and any person who contravenes the provisions of this subsection shall be guilty of an. offence and without derogation from his liability under any other provision of this Act shall be. liable to a fine of P5 000 and to imprisonment for 5 years. Provided that the provisions of this subsection shall not apply to the hunting or capture of an. animal by the owner of the land or by a person acting under his written authority when such. hunting or capture is under and in accordance with such terms and conditions as were. determined by the President under subsection 1 or as the Director may in the interest of. proper wildlife management approve, 14 Regulations in respect of reserves and sanctuaries. Regulations made by the Minister under section 92 may with regard to game reserves. sanctuaries and private game reserves or any one such reserve or sanctuary or any part. Copyright Government of Botswana,thereof include the following. a the administration thereof, b the prohibition restriction control or regulation of entry therein passage through or.
sojourn therein, c the control of persons who or animals including domestic animals which are therein. either permanently or temporarily, d the prohibition restriction control or regulation of introduction therein passage or. conveyance through or keeping therein of any domestic animal. e the prohibition restriction control or regulation of the burning of vegetation or the. felling cutting and removal of trees therein or therefrom. f the prohibition restriction control or regulation of the searching for honey therein or. the removal of honey therefrom, g the prohibition restriction control or regulation of fishing therein. h the prohibition restriction control or regulation of the carrying or possession of. weapons therein, i conditions governing the use therein of vehicles aeroplanes microlight aircraft and. j the fees if any to be paid by persons entering therein or doing any specified thing. therein or for the use of any article or facility therein. Wildlife Management Areas and Controlled Hunting Areas ss 15 16. 15 Wildlife management areas, 1 The areas specified in the Third Schedule are hereby declared to be wildlife.
management areas, 2 The President may by order published in the Gazette declare any area to be a wildlife. management area or in like manner abolish any such wildlife management area or amend the. boundaries of any such wildlife management area by adding new areas or by deleting areas. 3 Regulations made by the Minister under section 92 may in respect of wildlife. management areas or any wildlife management area include the following. a any matter referred to in section 14 paragraphs a to i except paragraph g. b the hunting or capture of animals therein by virtue of any licence or permit to hunt or.


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