Zambia Wildlife Act, 1998
This section says the Act may be cited as the Zambia Wildlife Act, 1998, and it starts on a date appointed by the Minister by statutory instrument.
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- Act 12 of 1998
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access control aerodromes allowances animal control animal handling animal hunting and wildlife permits animal protection animal trade compliance animal traps appeals application processing appointments arrest asset forfeiture asset seizure asset transfer attestation audits authority membership authority powers authority surrender barriers board administration board composition +207 more
Statute overview
About this statute
This section says the Act may be cited as the Zambia Wildlife Act, 1998, and it starts on a date appointed by the Minister by statutory instrument. This section defines key terms used in the Act, including animal, Authority, hunt, trophy, wildlife, and related wildlife-management terms. This section vests ownership of wild animals in the President, with exceptions for lawful capture, licensing, landowners’ harvesting rights, and ownership transfers for animals taken unlawfully. This section establishes the Zambia Wildlife Authority as a body corporate and gives it power to do acts needed for its functions, subject to the Act. The Authority has a long list of functions for managing and protecting wildlife areas, and it may delegate functions to specified bodies or officers.
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Provisions of Zambia Wildlife Act, 1998
Showing 167 of 167
- 1 Verify source ↗
Composition of Authority
This section says the Act may be cited as the Zambia Wildlife Act, 1998, and it starts on a date appointed by the Minister by statutory instrument.
1. This Act may be cited as the Zambia Wildlife Act, 1998 and shall come into operation on such date as the Minister may, by statutory instrument, appoint. - 2 Verify source ↗
3. Ownership of wild animals
This section defines key terms used in the Act, including animal, Authority, hunt, trophy, wildlife, and related wildlife-management terms.
2. In this Act, unless the context otherwise requires- two ) ' ' " aerodrome " has the meaning assigned to it by section of the Aviation Act; " aircraft " includes all flying machines, aeroplanes, sea planes, helicopters, flying boats, and other aircraft de signed to be heavier than air, and includes all airships, microlites, ballons, kites and other aircraft designed to be lighter than air, whether captive, navigable or free and whether controlled by a human agency or not; " animal " means any vertebrate animal, including any mam mal, bird; reptile and amphibian and the egg of any bird or reptile, but does not include a fish or a human being; " appointed date " means the date appointed by the Minister one; under section " apprentice professional hunter's licence " means a licence as sectionforty-six; specified in VII, " appropriate fee " in relation to any licence issued under Part thirtyjour; means, in the. case of a licence so issued, the fee prescribed by regulations made u11der section " Authority " means the Zambia Wildlife Authority estab section/our; lished under " barrier " means an obstruction placed across a street or road by a wildlife police officer for the purpose of preventing or detecting an offence relating to wildlife under this Act; thirty eight; " bird licence " means a licence as specified in section one hundred and fortyjour; " bird sanctuary " means an area declared as a bird sanctuary under section I I ' ' -r . I r , .. \. ,_:_ ur:1.11;.f,, !No. 12 of 1998 83 Zambia Wildlife [No. 12 of 1998 79 " bq;rrd " means a community resources board established under section six; " capture " includes the taking of eggs or nests; " client "means any person who is booked on a hunting tour by a licenced hunting outfitteror a photographic touroperator; " commercial photographic licence " means a licence speci fied under section fifty-jive; " Council " means any city, municipal, township or rural council established under the Local Government Act; Cap. 281 \ . I l I Cap. 204 " court " means a subordinate court or High Court; " dangerous animal " means an elephant, a rhinoceros, a hippopotamus, a buffalo, a lion, a leopard or a crocodile; " Director-General " means the person appointed Director• General of the Zambia Wildlife Authority under paragraph \ 8 of the Schedule; " domestic animal " means any horse, donkey, mule, camel, cow, sheep, pig, goat, dog, cat or domestic fowl, or any other animal of whatsoever kind or species and, whether quadruped or not, which is tame or which has been or is being sufficiently tamed to serve some purpose for the use of man; " Environmental Council " means the Council established under section six of the Environmental Protection and Pollution Control Act; " game animal " means any wild animal specified under section thirty, other than any wild animal specified as a protected animal; " Game Management Area " means an area ofland declared to be a Game Management Area under section twenty-six; " harvest " means non-consumptive and consumptive use of game, non-game, protected or unprotected animals; " honorary wildlife police officer " means any person ap pointed as such under paragraph 1 1 of the Schedule; " hunt " includes to kill, to capture and includes the doing of any act immediately directed at killing or capturing; " hunting block " means a Game Management Area or an area within a Game Management Area which has been set aside for hunting; " hunting concession " means authority to hunt within�- specified hunting block given by the Authority for a speci- fied period of time; 80 No. 12 of 1998] - Zambia Wildlife " hunting outfitter's licence " means a licence as specified in fifty-three; section " ivory " means elephant ivory and includes any article manufactured from ivory; " local community " means the residents within a Game Management Area or open area other than owners of tourist and camp lodges or hunting concessions, who by virtue of their rights over land including under customary land tenure invest in and derive benefits from the sustainable utilization of the wildlife resources in their area; " meat " includes fat, blood or flesh, whether fresh or dried, pickled or otherwise preserved; ten; " National Park :• means an area of land declared to be a National P under section l " n?n-res!dent . unti�g licence " means a licence as specified l ,rty-srx; m sectton t " open area " ibeans an area other than a National Park, Game Managem�nt Area, bird sanctuary or wildlife sanctuary where wild animals are found; " owner " in relation to land, includes the person or persons entitled to the immediate and exclusive possession of land under any right and includes a licensee in lawful occupation of land under a licence and any person authorised by the owner to act on behalf of the owner in respect of land during the owner's ab•:ence from Zambia; " photographic or viewing safari " means an organised com merdial tour for the purpose of taking photographs of, or viewing of, wild animals or scenery; " photographic tour operator's licence " means a licence as sectionjifty-two; specified in " prescribed trophy " means any ivory or rhinoceros horn or any other trophy prescribed by regulations made under section eighty-nine; " professional guide's licence " means a licence as specified forty-nine; in section " professional hunter's licence " means a licence as specified sectionforty-th�ee; in " proper officer " means- (i) any wildlife police officer; or (ii) any Zambia police officer not below the rank of Assistant Inspector; " protected animal " means any wild animal specified as a thirty; protected animal under section • ' •• , . , 1 1 !.r. fl\Jn 1?. nf 1 9911 113 Zambia Wildlife [No. 12 of 1998 81 " public road " has the meaning assigned to it in the Roads and Cap. 464 Road Traffic Act; " repealed Act " !Jleans the National Parks and Wildlife Act; " resident hunting licence " means a licence as specified in thirty-s even; section " restricted professional hunter's licence " means a licence sectionfiftyjour; specified under " road " means any public or other way, capable of being used Cap. 201 by vehicular traffic and to which the public has access, and includes bridges over which a road passes; section/arty; " special licence " means a licence as specified in " trophy " means any horn, tooth, tusk, bone, claw, hoof, skin, hair, egg, feather or other durable part of any game animal or protected animal, whether added to or changed by work of man or not, provided that it is in such form as to be recognisable as a durable part of a game animal or protected animal and includes meat; " trophy dealer " means a person who engages in the buying, selling or processing of trophies, but does not include a person who sells, processes or manufactures any article from any trophy of any game animal or protected animal lawfully hunted by him under a licence specified in para graphs ( thirty-thre e; a), (b ), ( c) of section and ( d) " trophy dealer's permit " means a permit to engage in the eighty-seven; business of a trophy dealer under section " vegetation " includes any form of vegetation matter, alive or · dead; " village scout " means a person employed by a board to enforce this Act within a Game Management Area under the jurisdiction of the board; animalfera e natura e, " wild animal " means any and includes any game or protected animal, but does not include any domestic animal; " wildlife " means wild animals or species of birds which are found in Zambia in a wild state and vegetation which is indigenous to Zambia and grows naturally without cultiva tion; " wildlife police officer " means any officer appointed under paragraph 1 1 of the Schedule; and " wildlife sanctuary " means an area declared as a wildlife one hundred andfortyjour. sanctuary under section • l 82 No. 12 of 1998) Zambia Wildlife Ownership of wild animals - 3 Verify source ↗
Ownership of wild animals
This section vests ownership of wild animals in the President, with exceptions for lawful capture, licensing, landowners’ harvesting rights, and ownership transfers for animals taken unlawfully.
3. (1) Subject to the other provisions of this Act, the absolute ownership of every wild animal within Zambia, is hereby vested in the President on behalf of the Republic: Provided that- (i) where any wild animal, which is not a game animal or a protected animal, is captured or killed or otherwise reduced into possession by any person in accordance with this Act, the absolute ownership of that animal orof the carcass of that animal, as the case may be, is hereby transferred to and vested in such person; u o� of section thirty-three ( a), (b), (c) and(h) (ii) where any game animal or protected animal is lawfully captured or killed or otherwise reduced into possession by any person in terms of a licence issued under para graphs orunder any authority granted under this Act, the absolute own ership of the game animal or protected ani ma! or of the carcass or any trophy of those animals, is, subject to the other provisions of this Act and to the terms and condi tions of the licence or authority, as the case may be, hereby transferred to, and shall vest in, the licensee under the licence or the person so authorised, as the case may be; (iii) where any wild animal is found resident on any land, the right to harvest such animal shall, subject to such regu lations as the Minister may, on the advice of the Author ity, prescribe, vest absolutely in the owner of such land. (2) Notwithstanding subsection (!), the absolute ownership of any wild animal, which has been captured or reduced into posses sion by any person prior to the commencement of this Act, subject to any other written law in force on the date of the capture of the animal or of its reduction into possession, is hereby declared to be vested in the person, who, on the commencement of this Act, whether directly or through an agent, is in actual lawful possession of the animal. (3) Except as provided by subsection (1 ), nothing in this section shall be deemed to transfer to any person the ownership of any game animal or protected animal which is found dying or dead, or of any found carcass, part of a carcass, trophy or meat or any game animal or protected animal. ( 4) Notwithstanding any other provisions of this section, if any person hunts or reduces into possession any game animal or protected animal in contravention of this Act, the absolute owner ship of that game animal or protected animal or of the carcass or any I ' ' i I , I ,)i I I ' ' I I I ' I I 1 ! I ' I ' I I / Zambia Wildlife [No. 12 of 1998 83 trophy of the animal shall not be transferred, or be deemed to have been transferred, to that person or to any other person by reason of its having been so hunted or reduced into possession. (5) The Authority may, in writing, transfer to any person the absolute ownership of any game animal or protected animal which has been hunted or reduced into possession by any other person in contravention of this Act, and such other person shall forthwith deliverup the game animal or protected animal or the carcass of the animal together with every trophy of the animal to the person to whom the ownership has been transferred in terms of this subsec tion. PART II THE ZAMBIA WILDLIFE AUTHORITY
Part
PART II
- 4 Verify source ↗
Establishment of Authority
This section establishes the Zambia Wildlife Authority as a body corporate and gives it power to do acts needed for its functions, subject to the Act.
4. (I) There is hereby established the Zambia Wildlife Author ity which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with powers, subject to the other provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions under this Act. 'il Establish ment of Authority (2) The provisions of the Schedule shall apply to the Authority. - 5 Verify source ↗
Functions of Authority
The Authority has a long list of functions for managing and protecting wildlife areas, and it may delegate functions to specified bodies or officers.
5. ( 1 ) Subject to the other provisions of this Act, the functions Functions of Authority of the Authority shall be- ( a) to control, manage, conserve, protect and administer National Parks, bird sanctuaries, wildlife sanctuaries in such areas; and Game Management Areas and coordinate activities (b J in partnership with local communities, to share the respon sibilities of management in Game Management Areas; to adopt methods to ensure the sustainability, conservation and preservation in the natural state of eco-systems and bio-diversity in the National Parks, Game Management Areas, bird sanctuaries and wildlife sanctuaries; ( c) ( d) to encourage the general development of National Parks, bird sanctuaries, wildlife sanctuaries and Game Man agement Areas including the development of facilities and amenities within these areas in accordance with management plans of a National Park, bird sanctuary, wildlife sanctuary or Game Management Area; r I i I 84 No. 12 of 1998] Zambia Wildlife ( e) to sensitise and educate the general public on the necessity of wildlife conservation, and the importance of wildlife to foster appreciation of the economic and aesthetic value of wildlife as natural assets; (J) to undertake measures that will ensure the proper balance between the sustainable use of wildlife and the manage ment of eco-systems in National Parks, bird sanctuaries, wildlife sanctuaries and Game Management Areas; (g) to enhance the economic and social well-being of local communities in Game Management Areas; ( h) to prepare and implement management plans for National Parks, Game Management Areas, bird sanctuaries and wildlife sanctuaries in consultation with locai comnm11i- ,. ties; (i) to issue licences and permits under this Act; (j) in partnership with local communities, lo grant hunting concessions to hunting outfitters and photographic tour operators in Game Management Areas; (k) to assist and advise the boards registered under section six in the management of human and natural resources in Game Management Areas and open areas which fall under their jurisdiction; ( l) to formulate and advise the Minister on the regulations for the process of preparing and implementing management plans for National Parks, bird sanctuaries, wildlife sanc tuaries and Game Management Areas; (m) to ensure the systematic management of financial, human and natural resources for the conservation of wildlife so that the abundance and diversity of species is maintained at optimum level; (n) to advise the Minister on the regulations required to conserve, protect and manage wild! ife in National Parks, Game Management Areas, open areas, bird sanctuaries, wildlife sanctuaries and on private game ranches; ( o) to pay out such money into a fund established by a community resources board from revenues payable un der this Act in respect of licences issued, concessions granted and services rendered from the use of wildlife resources within an area of a board as the Minister shall prescribe by regulations after consultations with the Authority; and 'Zambia Wildlife [No. 12 of 1998 85 (p) to carry out any other activities relating to wildlife which are necessary or conducive to the performance of its functions under this Act. (2) Notwithstanding subsection (1)- (a) the Authority may delegate to any member of the Author ity, to any committee of the Authority, to the Director General or to any board, any of its functions under this Act; and (b) the Director-General may delegate the functions of office to any proper officer or any board subject to the terms and conditions of the instrument of delegation from the Authority. PART III COMMUNITY RESOURCES BOARDS - 22 Verify source ↗
Prohibition of damage or removal of object of geological,
The Authority’s funds come from parliamentary appropriations, fees, levies, grants, donations, and other amounts that vest in or accrue to it.
22. ( 1) as may-(a) The funds of the Authority shall consist of such moneys (b) ( c) be appropriated by Parliament for the purpose of the Authority; be paid to the Authority by way of fees, levy, grants or donations; and vest in or accrue to the Authority. (2) The Authority may- ( a) accept moneys by way of grants or donations from any source in Z.ambia and subject to the approval of the Minister, from any source outside Zambia; subject to the approval of the Minister, raise by way of loans or otherwise, such moneys as it may require for the discharge of its functions; and (b) ( c) in accordance with the regulations made under this Act, charge and collect fees for services provided by the Authority. \ (3) There shall be paid from the funds of the Authority- (a) such monies as may be necessary for the performance of (b) ( c) ( d) its functions under the Act; salaries, allowances and loans of the staff of the Authority; such reasonable travelling, transport ad subsistence al lowances for members or members of any committee of the Authority when engaged in the business of the Authority, at such rates as the Minister may determine; and any other expenses incurred by the Authority in the perfomance of its functions. ' J ' L Zambia Wildlife [No. 12 of 1998 151 Financial year Accounts Anual report \ ( 4) The Authority may invest in such manner as it thinks fit such of its funds as it does not immediately require for the performance of its functions. - 23 Verify source ↗
Prohibition of killing, injuring or capturing of wild animals
The Authority’s financial year is a 12-month period ending on 31 December each year.
23. The financial year of the Authority shall be the period of twelve months ending on 31st of December, in each year. - 24 Verify source ↗
Restriction on exercise of mining rights within National
The Authority must keep proper books of accounts and other records relating to its accounts.
24. The Authority shall cause to be kept proper books of accounts and others records relating to its accounts. - 25 Verify source ↗
Regulations in relation to National Parks
The Authority must report on its activities and financial affairs after each financial year, and the Minister must table the report in the National Assembly within the stated time.
25. (I) As soon as practicable, but not later six months after the expiry of each financial year, the Authoriy shall submit to the Minister a report concerning its activities during financial year. (2) The report referred to in sub-paragraph (1) shall include information on the financial affairs of the Authority and there shall be appended thereto- ( a) ( b) (c) an audited balance sheet; an audited statement of income and expenditure; and such other information as the Minister may require. (3) The Minister shall, not later than thirty days after the first sitting of the National Assembly next after the receipt of the report referred to in sub-paragraph (!), lay it before the National Assem bly. I , I I I l . , J
Part
PART III
- 6 Verify source ↗
Communi_ty resources board
A local community meeting the stated geographic and interest conditions may apply to be registered as a community resources board, and the Authority must register it if the stated requirements are met.
6. (I) A local community along geographic boundaries con tiguous to a chiefdom in a Game Management Area or an open area or a particular chiefdom with common interest in the wildlife.and natural resources in that area, may apply to the Authority for registration as a community resources board. Community resources boards (2) The Authority shall register as a board, a local community which, in addition to the pre-requisites described in subsection (I), meets tbe requirements of subsection (3) and shall, in consultation with that board, develop management plans for the Game Manage- -. ment Area or open area or any part thereof which is under its jurisdiction. (3) A board registered under subsection (2) shall comprise ( a) not more than ten but not less than seven representatives from the local community who shall be elected by the local community; (b) one representative of the local authority in the area; and ( c) a representative of a chief in whose area a board is established to represent that chief. (4) Notwithstanding subsection (2) a board may invite any person, whose presence is, in its opinion, desirable, to attend and to participate in the deliberations of a meeting of the board, but such a person shall not vote on any matter. (5) A chief in whose area a board is established shall be a patron of that board. 86 No. 12: of 1998] Zambia Wildlife (6) The Minister may, in consnltation with the Authority and the particular board, determine the allowances and honorarium which shall be payable to a chief referred to in subsection (5). (7) The Authority shall, inconsultationwith theMinisterandmajority of the members of the local community represented by that board- ( a) if satisfied that a board is no longer able to perform its functions under this Act, dissolve that board; or (b) if satisfied that a board is no longer viable in the area, de register that board. (8) Subject to the other provisions of this Act, a board may regulate its own procedure: Provided that the board shall cause minutes to be kept of the proceedings of every meeting of the board. �- Functions of community resources board (9) The board may convene any meeting at any time for the conduct of its business under this Act. - 7 Verify source ↗
Functions of community resources board
A board may manage wildlife and related resources, make agreements, appoint village scouts, and develop management plans; plan preparation and implementation must follow regulations prescribed by the Minister in consultation with the Authority.
7. (I) The functions of a board shall be to promote and develop . an integrated approach to the management of human and natural resources in a Game Management Area or an open area falling within its jurisdiction. (2) Without prejudice to the generality of subsection ( 1 ), a board shall have power to- (a) , . ,., , , , .. ,, negotiate, in conjunction with the Authority, co-manage ment agreements with hunting outfitters and photo graphic tour operators; (b) manage the wildlife under its jurisdiction, within quotas specified ,by the Authority; ( c) appoint viUage scouts to e.xercise a1,1d perform the duties of a wildlife •police officer under the supervision of a wildlife police officer in the area falling under the board's jurisdiction; ( d) ·( e) .. . in consultation' with the Authority, develop and implement management plans which reconcile the various uses of land in areas falling under the board's jurisdiction; and perform such other functions as the Authority or Director- General may direct or delegate to it. , ·, . -: ·. ,·.• 1 ,,., 1'(3) ' The preparation and iihplementatioll'ofmanagement plans in Game Management Area:s·imd'open areas shall be in accordance ,-1.,•with·slich regulations.as the Minister,may,.in c_onsultation with the A�thority, prescribe. · · · I I \ l . I Zambia Wildlife [No: 12 of 1998 · 87 Secretariat of commu nity resources board Financial provisions - 8 Verify source ↗
Secretariat of community resources board
Each board has a secretariat made up of properly qualified officers appointed by the board. The Authority may also second officers to a board, after consulting with that board.
8. ; s;,ich (1) There shall be a secretariat for each board which shall properly qualified officers as the board may appoint, consist of on such ,rms and conditions, as it may determine. (2) 1'he Authority may, in consultation with a board, second officers to the board. - 9 Verify source ↗
Secretary and other staff
A board must set up a community fund, keep proper accounts and records, submit reports and audited statements on schedule, and have its accounts audited annually.
9. ( l) A board shall establish a fund to enhance the economic and social well-being of the local community within the area · described in section six. o) (2) In addition to the revenues referred to in parag�ph ( five, of there shall be paid into the fund of a subsection ( l ) of section board such moneys as the board may- ( a) with the approval of the Authority, accept by way of grants and donations from any source within Zambia; and with the approval of the Minister, accept by way of grants (b) and donations from any source outside Zambia. . , .. (3) A board shall cause to be kept proper books of account and other records relating to its accounts . (4) The accounts referred to in sub-section (3) shall be open for inspection by the Authority, the Director-General or any . other member of that local community. '(5) A board shall, not later than ninety days after the end of the financial year, submit to the Authority, tlmiugh the Director General- ( a) ( b) ( c) an audited balance sheet; an audited statement of income and expenditure; and a report concerning its activities during th_at financial year. (6) Any person who misuses any money belonging to a board shall- ( a) ( b) be liable to a surcharge; and be guilty of an offence and be liable, upon conviction, to a fine not exceeding fifty thousand penalty units or to a term of imprisonment nof exceeding twelve months or to both. (7) A board shall submit half yearly, reports to the Director General. (8) · The accounts of a board shali'be audited annually by inde pendent auditors appointed by the board with the approval of the Authority. 88 No. 12 of 1998] Zambia Wildlife PART IV NATIONAL PARKS Declaration of NationaJ Parks Effect of orders and acquisition of lands Cnp. 1 89 Continuation of existing National Park Grant Of mining and other rights in National Park Cap. 204
Part
PART IV
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Wildlife police officers
The President may declare land in the Republic to be a National Park and may also define, alter, or extend National Park boundaries, after consultation and by statutory order.
10. Whenever the President is of the opinion that the conserva tion or protection and enhancement of wildlife, eco-systems, biodiversity and natural beauty so demands, the President may, after consultation with the Authority and the local community in the area; by statutory order, declare any area ofland within the Republic to be a National Park for the purposes of this Act and may, in like manner define, alter or extend the limits of any National Park. - 11 Verify source ↗
Honorary wildlife police officer
The President may acquire land in a section 10 area to extinguish rights in or over that land.
11. (I) Where any person has any right in or over any land which is included in any area subject to an order made under section ten, that land may, for the purpose of the extinguishment of such right, be acquired by the President in accordance with the Lands Acquisition Act. (2) For the purposes of this section, the term " right in or over any land" shall be construed as including any right of way easement, franchise, profit, claim, privilege, exemption or immunity of any person in, over or under such land, but shall not include any mining rights, or any communal fishing right enjoyed under customary law by any person or body of persons. - 12 Verify source ↗
Continuation of existing National Park
A National Park established under the repealed Act continues to exist under this Act.
12. Notwithstanding the provisions of this Act, A National Park established under the repealed Act shall continue to exi�t as if established under this Act. - 13 Verify source ↗
Grant of mining and other rights in National Park
Mining rights may still be granted in a National Park, but not without the required environmental impact assessment; conditions may also be imposed on certain granted rights.
13. (I) Nothing in this Act shall be construed as preventing or restricting the granting in respect of any land within a National Park-( a) of any mining right, or .other right, title, interest or authority necessary or convenient for the enjoyment of a mining right; Provided that a mining right shall not be granted in a National Park oran ad joining Game Management Area without an environmental impact assessment conducted in accordance with procedures specified by the Environmental Council under the Environ mental Protection and Pollution Control Act and which procedures shall take into account the need to · conserve and protect- (i) the air, water, soil, flora, fauna, fish, fisheries and scenic attractions in or on the land over which the right is sought; and ,j i l j Zambia Wildlife [No. 12 of 1998 89 (ii) the features of cultural, architectural, archeological, historical or geological interest in or on the land over which the right is sought; or (b) for any purpose not inconsistent with this Act, of any right, title, interest or authority under any written law. (2) The exercise of any mining right in respect of any land comprised in a National Park, shall be subject to section /our. twenty (3) The exercise of any right, title, interest or authority granted under paragraph (b) of subsection (1) shall be subject to any conditions which the Authority may impose. - 14 Verify source ↗
Traffic on public roads in National Park
The Minister may make traffic regulations for public roads in any National Park, including speed limits and where vehicles or people may enter or leave. The Director-General may place and maintain traffic signs or signals, and officers may stop people or vehicles for search, examination, or questioning. Failure to stop can be an offence.
14. (1) The Minister may, on recommendation of the Authority and after consultation with the Minister responsible for transport, bY, statutory instrument, provide for- ( a) the control and regulation of traffic on or over public roads within any National Park, and such regulations may specify the speed limits to be observed over specified part of such public roads; (b) the points on public roads at which persons or vehicles may enter or leave any National Park and the routes along such public roads which they may follow in passing through or over the National Park. (2) Any regulations made under subsection (1) may prescribe penalties for any contravention of such regulations, of a fine not exceeding one thousand penalty units or imprisonment for a term not exceeding six months, or to both. (3) The Director-General may, with the approval of the Author ity and after consultation with the relevant highway authority, cause traffic signs or signals to be placed and maintained.on or near any public road within any National Park, and the instructions conveyed by any such traffic. sign shall, in relation to any public road within any National Park, prevail over any contrary instructions appearing on any other traffic sign or signal. (4) Subsections. (8), (9) and (10) of section of the Roads and Road Traffic Act shall apply, with the necessdry modi- fications, in respect of any.traffic sign or signal placed on or near any public road under subsoction (3). twenty-five (5) The-Director-General or any wildlife police officer or hon orary wildlife police officer1mJY, whenever they think it necessary so to do, cause any person or any vehicle using any public road Traffic on public roads in National Park Cap. 464 86 No. 12 of 1998] Zambia Wildlife 90 No. 12 of 1998] Zambia Wildlife Restrictions on entry into or residence in National Park within or leading to, or from, any National Park to stop for search, examination or-questioning for the purposes of the enforcement of this Act; and may for such purposes erect and control barriers or check points on any such public road. (6) Any person who fails to comply with any,order or direction to stop, or who fails to stop at any barrier or check point erected in terms of subsection (5), shall be guilty of an offence.
Part
part of such public roads;
- 15 Verify source ↗
Arms, uniforms, etc, to be delivered on ceasing to be staff of
A person must not enter or live in a National Park except as allowed by the Act; doing so is an offence.
15. (I) Any person who, except in accordance with this Act, enters into or resides in, or purports to enter into, or reside in, a National Park shall be guilty of an offence. (2) This section shall not apply to- ( a) any memberof the Authority in connection with the duties (b) of that member under this Act; any proper officer or public officer on specified duties requiring the presence of that officer in a National Park; any honoray wildlife police officer who is entitled to be present in a J;-lational Park under the terms of the instru- ment appointing the officer; ( c) (d) ( e) (j) any person travelling through a National Park along a public road within the confines of the road reserve; any person in possession of a peIT)1it and the dependants of that person, to so enter or reside, issued by the Director Generai or by any other officer duly authorised in writing by the Director-General to issue such a permit; any person who enters a National Park under section tw enty-four; (g) (e) (j) the servants of persons in paragraphs and above, (h) inclusive; any person ·admitted under any regulation made under twenty-five; ( i) section and . . any person who enters a National Park as part of his official six: duties for a board registered tinder section (j) ( h), r Prohibition of hunting, etc., in National Park Provided that the persons in paragraphs to tw enty inclusive, shall be subject to any relevant regulations mad� under section jiv e and to any regulation providing for the payment of any charge or fee for permission to enter or reside in a National ,Park or for the admission of a motor car or other vehicle into a National Park. - 16 Verify source ↗
Prohibition of hunting, etc, in National Park
Section 16 prohibits hunting, disturbing, or removing wildlife, nests, plants, stones, or other objects in a National Park without a permit, and gives officials power to issue, condition, and revoke permits.
16. (1) A�y person who, without a permit so to do issued under subsection (2) or (3), hunts, or disturbs any wm·animal or fish, or who disturbs any birds' nests in a National Park or who removes any wild animal, fish,- bird's nest, stone, v,egetation .or other object whether animate .or _inanimate from, a Nation11!J'ark shall. be guilty of an offence. �: _': .. ·' Zambia Wildlife [No. 12 of 1998 91 (2) The Director-General, or any wildlife police officer duly authorised in writing by the Director-General, may issue a pennit to any person to fish in a National Park and shall impose such conditions upon the use of the permit as the Authority may consider expedient or necessary. (3) If the Authority is satisfied that any wild animal within a National Park should be hunted for the better preservation of other animal life, or for other good and sufficient reason, it may direct the Director-General to issue a permit to any person authorising that person, under the direction of the Director-General, to hunt the animal within the National Park. (4) Any permit issued under subsection (3) shall specify the species and number of wild animals which may be hunted underthe permit. (5) The Director-General may with the approval of the Author ity, at any time, revoke or cancel any permit issued under subsection (2) or (3). - 17 Verify source ↗
Prohibition of weapons, etc, in National Park
People generally may not bring, carry, possess, or use listed weapons and similar items in a National Park without a permit, except for travel through a park on a public road and for certain officers acting in their duties.
17. (!) Any person who, without a permit so to do issued under subsection (2), or who, in breach of any express condition of any permit, or in breach of any regulation made under this Act, conveys into any National Park, or being within the confines of a National Park is in possession of, carries or uses for any purpose, any firearm, spear, bow, arrow or other weapon, explosive, snare, net, trap or poison shall be guilty of an offence. Provided that, subject to any regulations in that regard made under this Act, any person while travelling through any National Park on a public road may convey into and through the National Park in the course or such journey any firearm, spear, bow, arrow or other weapon or any explosive, snare, net, trap or poison, as the case may be. Prohibition of weapons, etc., in National Park (2) The Director-General,-or any wildlife police •officer duly authorised in writing by the Director-General, may, subject to such conditions as the Director-General considers fit, issue a permit to any person to convey into any National Park, or, within the confines of any _National Park, to possess, .carry or use; for any ·purpose expressly stated in such p_enpit, any .. firearm, spear,'_bow,,arro»' or other weapon or any explosive, snare, net, trap or poison, as the case may be, and that permit shall be valid for the period expressed in it. .(3), This .section s\1�11 not aJ?.pI/io. any wjldlife ppJice.pfficer, , , , ·1 honorary wildlife police officer, village scout or other police officer acting in the performance of duiies under this Act or any other written law. ! • · . .,· ' I ' ( < , • • . ' a , ' • r 92 No. 12 of 1998] Zambia Wildlife Prohibition or introduc tion of wild animals into National Park Prohibition of domestic animals in National Park Prohibition of introduc tion of vegetation into National Park - 18 Verify source ↗
Prohibition of introduction of wild animals into National
A person must not, without the Director-General’s consent or just cause, bring wild animals into a National Park or take them out of one.
18. (1) Any person who, without the consent of the Director General or without just cause or excuse, drives, conveys or intro duces any wild animal into a National Park or drives or conveys any wild animals out of a National Park, shall be guilty of an offence. (2) If any wildlife police officer, village scout or honorary wildlife police officer finds within the confines of any National Park any wild animal which was driven, conveyed or introduced into the National Park in contravention of subsection ( 1 ), the officer or village scout may destroy the animal. - 19 Verify source ↗
Prohibition of domestic animals in National Park
Domestic animals must not be driven into, allowed to stray in, or allowed to harass wildlife in a National Park without the Director-General’s consent or just cause or excuse.
19. · (I) Any person, being the owner of any domestic animal or the person in charge or control of it, who, without the consent of the Director-General or without just cause or excuse- ( a) drives, conveys or introduces the domestic animal into any National Park or causes or permits that animal to be so driven, conveyed or introduced into any National Park; (b) permits or suffers the domestic animal to stray into or within the confines of any National Park; or ( c) permits or suffers the domestic animal to worry, harass or otherwise interfere with any wild animal within the confines of any National Park; shall be guilty of an offence. (2) Upon the conviction of any person for an offence under this section, the court may, at the request of the prosecution and in addition to any other penalty impose, declare the domestic animal to be forfeited or order it to be destroyed without compensation; or may both declare it to be so forfeited and order it to be so destroyed without compensation. (3) Notwithstanding subsection (2), any wildlife police officer, honorary wildlife police officer or village scout who discovers any dog worrying, harassing or otherwise interfering with any wild animal within the confines of any National Park may destroy the dog, and the owner of it shall not be ·entitled to any compensation, whether convicted or not of an offence under this section. - 20 Verify source ↗
Prohibition of introduction of vegetation into National
It is an offence to bring vegetation into a National Park, or cause it to be brought there, without the Director-General’s consent.
20. (I) Any person who, without the consent of the Director General, brings any vegetation or causes any vegetation to be brought into any National Park shall be guilty of an offence. (2) If any wildlife police officer, honorary wildlife police officer or village scout finds within the confines of any National Park any vegetation which was brought into the National Park in contraven tion of subsection (I), the officer may destroy the vegetation, or order it to be so destroyed. • 1 Zambia Wildlife [No. 12 of 1998 93 Prohibition of removal of wild animals or vegetation from National Park Prohibition of damage or removal of object of geological, histodcal, etc .. from National Park Prohibition of killing , injuring or capturing of wild animals or birds within National Park · Restriction on exercise of mining rights within National Park - 21 Verify source ↗
Prohibition or removal of wild animals or vegetation from
A person must not remove, or cause or allow removal of, wild animals, trophies, or vegetation from a National Park without the Director-General’s consent.
21. Except as is otherwise provided by this Act, any person who, without the consent of the Director-General, removes any wild animal whether alive or dead or any trophy or any vegetation, from any National Park, or causes or permits the same to be so removed, shall be guilty of an offence. - 22 Verify source ↗
Prohibition of damage or removal of object of geological,
A person must not, without the Director-General’s consent, remove or damage certain objects in a National Park.
22. Except as is otherwise provided by this Act, any person who, without the consent of the Director-General, removes from, or damages within, any National Park any object of geological, prehis toric, archaeological, historical or scientific interest, or who causes or permits any such object to be so damaged or removed, shall be guilty of an offence. - 23 Verify source ↗
Prohibition of killing, injuring or capturing of wild animals
In a National Park, a person must not possess, kill, injure, capture, disturb, remove, or destroy wild animals, eggs, nests, or habitats, unless the Act otherwise provides.
23. Except as is otherwise provided by this Act, any person who, without just cause or excuse, is in possession of, kills, injures, captures or disturbs, any wild animal orremoves or destroys any egg orany nest or habitat ofany bird or reptile or fish within the confines of any National Park, shall be guilty of an offence. - 24 Verify source ↗
Restriction on exercise of mining rights within National
Mining-right holders may enter a National Park only after giving prior written notice to the Director-General and following any Authority-imposed conditions.
24. ( I) Any person who holds any mining rights in, over, under or in respect of any land comprised in a National Park, may enter and exercise the same within the National Park upon his giving prior written notice to the Director-General of his intention to so enter the National Park and to so exercise his right in it and upon compliance with any conditions which the Authority may impose: Provided that the Authority shall not impose any condition inconsistent with the nature of any mining right held by the person. (2) Without prejudice to the generality of the powers to impose conditions under this section, the Authority may impose conditions as to the exercise of any mining rights in accordance with the measures specified under an environmental impact assessment approved by the Environmental Council including the number of persons to be employed within a National Park: and the conditions to be observed by such persons. (3) Any person to whom subsection (I) applies, who enters any National Park without first giving notice to the Director-General or who fails to comply with any condition imposed by the Authority under subsection ( I ), and any person who fails to comply with any condition required under subsection (2) to be observed by that person, shall be guilty of an offence, and shall be liable, upon conviction, to a fine not exceeding twenty-eight thousand penalty units or to imprisonment for a term not exceeding six months, or to both. • 94 No. 12 of 1998] Zambia Wildlife Regulations in relation to National Parks - 25 Verify source ↗
Regulations in relation to National Parks
The Minister may make regulations for National Parks, after consulting the Authority, covering access, conduct, activities, fees, controls, and penalties for breaches.
25. (1) The Minister may, in consultation with the Authority, by statutory instrument, make regulations for- ( a) the conditions under which any person, vehicle, boat, aircraft or animal may enter into, travel through, reside or be kept, as the case may be, within a National Park or any part of the National Park; (b) the conditions under which any building, lodges, or aerodromes may be constructed within a National Park; (c) the conditions under which a person travelling through or within a National Park on a public road may have in that person's possession or under the control of that person any firearm or other weapon, ammunition, explosive, game meat, trophy, trap or poison; ( d) the conditions under which any wild animal or species of wild animal may be photographed within any National Park; ( e) the regulation or prohibition of the lighting of fires within any National Park; (/) 1he conditions under which any domestic animal may be brought into,ormaintained within a National Park, or the prohibition thereof, and may prescribe fees to be charged for the bringing of any such domestic animal into a National Park; ( g) the prohibitiun or control of the bringing of any wild animal into a National Park; (h) the prohibition or control of the introduction into, the cutting or damaging within, or the removal from, any National Park of any vegetation whether alive or dead; (i) the prohibition or control of destruction, damaging, defac ing or removal of anything, whether animate or inani mate, within or from a National Park; (j) the scales of charges for entry into a National Park or any part of it and fees for any services and amenities pro vided by the Authority for the general public in a National Park; (k) the fees for fishing and the conditions under which a person may fish within a National Park; ( I) the prohibition or control of the low flying of aircraft over a National Park; (m) the rules of conduct and behaviou rof persons while within a National Park; i ! ' ' ' I 1 '' ( [1 .I I:' ,; ti p !l I] '; ,, ' --, ·l 11 I I I , ' I I I ! I I I I Zambia Wildlife [No. 12 of 1998 95 Cap. 393 _Cap. 151 Cap. 155 Cap. 157 Declaration of game Management Areas ( n) the .regulation of traffic on roads other thau public roads, (o) "within a National Park; the carriage of passengers and goods within a National (p) Park, whether for hire or otherwise; the points at which persons or vehicles may enter or leave aud the routes by which they may pass through <ilr over a National Park on roads other than public road6; ( q) withoutprejudice to the provisions of the Trades Licensing Act, the Hotels Act, the Tourism Act and the Casino Act, the prohibition, control or regulation of any trade or business carried on within any National Park; and ( r) generally, for the efficient control and management of a National Park. (2) I n making regulations under subsection (1), the Minister on the advice of the Authority, may deal differently within different National Parks and categories of businesses and premises. (3) Any regulation made under this section may prescribe for any breach of the regulations a fine not exceeding ten thousand penalty units or imprisonment for a term not exceeding six months, or to both. PART Y GAME MANAGEMENT AREAS
Part
PART Y
- 26 Verify source ↗
Declaration of Game Management Areas
The President may declare, change, extend, or end a Game Management Area, but only after consulting the Authority and local community. Leasehold land in a declared or extended area is excluded unless the occupier gives written consent. The Authority may also recommend inclusion of leasehold land on written application, and leasehold terms in a Game Management Area need Authority approval.
26. (!) The President may, after consultation with the Author ity and the local community, by statutory order, declare any area of land within the Republic to be a Game Management Area for the sustainable utilisation of wildlife and for the purposes of this Act,· and may, in like manner, define or alter or extend the limits of any such area or order any such area to cease to be a Game Management Area: Provided that if any land within any declared or extended Game Management Area is held under a leasehold title that land shall not, ex�ept with the written consent of the occupier; be affected by he declaration or extension and shall be deemed to be excluded from it. (2) Upon application made to the Director-General in writing by the occupier of any land held under a leasehold title, the Authority may recommend to the President that such land be declared to be, or be included within, a Game Management Area under subsection (!). (3) Notwithstanding the provisions of any other written Jaw, the te1ms and conditions of granting leasehold title to any person within a Game Management Area, shall be subject to the approval of the Authority. 96 No. 12 of 1998] Zambia Wildlife _L - ! Continuation of existing Game Management Areas Settlement in Game Management Areas Restriction on hunting wild animals in Game Management Areas Jame and ,rotected !11imals - 27 Verify source ↗
Continuation of existing Game Management Areas
A Game Management Area made under the repealed Act continues to exist under this Act.
27. Notwithstanding the provisions of this Act, a Game Man agement Area established under the repealed Act shall continue to exist as if established under this Act. - 28 Verify source ↗
Settlement in Game Management Areas
People who live in or settle in a Game Management Area must follow the management plan made by the appropriate board.
28. Any person who settles or lives in a Game Management Area shall conform to provisions of a management plan developed by an appropriate board under paragraph (2) of section seven. - 29 Verify source ↗
Restriction on hunting wild animals in Game Management
Except where the Act provides otherwise, a person without the relevant licence must not hunt game or protected animals in any Game Management Area.
29. (h) and of section thirty-three who, not being the holder of a licence issued under paragraph ( (b ), ( c) Except as is otherwise provided by this Act, any person a) , relevant to such hunting, hunts any game or protected animal in any Game Management Area shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twenty-five thousand penalty unit or to imprison ment for a term not exceeding five years, or to both. PART VI GAME ANIMALS AND PROTECTED ANIMALS
Part
PART VI
- 30 Verify source ↗
Game and protected animals
The Minister may specify wild animals as game or protected animals and may regulate or prohibit hunting of protected animals. Hunting a protected animal is an offence unless another part of the Act provides otherwise.
30. ( I ) For the purposes of this Act, the Minister shall, in consultation with the Authority, and on the advice of any board, by statutory order, specify, including by scientific name, any wild animal as a game animal or protected animal and in like manner specify any game animal as a protected animal. (2) A game animal shall be specified as a protected animal under this section- ( a) to preserve a viable population of the species when it becomes rare, threatened or endangered; for its role in the maintenance and assessment of the health (b) ( c) of an eco-system; or gn for its economic si ificance in a local or national economy. (3) Where the Minister specifies any wild animal as a protected animal under an order made under subsection (I), the order may- ( a) prohibit or regulate the hunting of any protected animal either generally or during a specified period and whether throughout the Republic or in a specified area of the 'Republic; or (b) apply to all wild animals within the area specified or to any wild animal or species, class or variety of a class of wild animal specified in the order and may make different provisions for different sexes of the specified wild animal. Zambia Wildlife [No. 12 of 1998 97 (4) Except as otherwise provided by this Act, any person who hunts or is found in circumstances showing that it is his intention to hunt any protected animal shall be guilty of an offence. - 31 Verify source ↗
Restriction on hunting game or protected animals
A person must not hunt any game animal or protected animal unless allowed by this Act or under a valid licence issued under Part VII.
31. Except as is otherwise provided by this Act, any person who hunts any game animal or protected animal, except under or in accordance with the conditions of a valid licence issued under Part VII, shall be guilty of an offence. - 32 Verify source ↗
Wildlife impact assessments
A person with reasonable grounds to believe wildlife may be adversely affected may ask the Authority, through the Director-General, to have a wildlife impact assessment conducted.
32. ( l ) Any person who has reasonable grounds to believe that any proposed or existing government plans or activity of the Government or any other organisation or person may have an adverse effect on any wildlife species or community in a National Park, Game Management Area or open area, such person may request the Authority through the Director-General that a wildlife impact assessment be conducted. (2) Whenever the Authority receives such a request, it may within thirty days of receipt thereof require the Government, organisation or person to conduct the assessment in accordance with the procedures specified by the Environmental Council under the Environmental Protection and Pollution Control Act taking into account-( a) existing or anticipated impacts upon wildlife, including an account of the species, communities and habitats af fected and the extent to which they are or may be threatened; and (b) any endangered or endemic species which are or may be affected. PART VII LICENCES Restriction on hunting game or protected animals Wildlife impact assessments Cap.204
Part
PART VII
- 33 Verify source ↗
Licences
This section lists the classes of licences that may be issued under this Part.
33. The following classes of licences may be issued under this Licences Part: ( a) (b) non-resident hunting licence; resident hunting licence; bird licence; professional hunter's licence; apprentice professional hunter's licence; ( c) ( d) (e) (j) professional guide' s licence; ( g) (h) apprentice professional guide' s licence; special licence; 7 (, ·-· ,, L I I OL' ,,. 98 No. 12 of 1998] Zambia Wildlife (i) photographic tour operator's licence; (j) hunting outfitter's licence; (k) restricted professional hunter's licence; and (l) commercial photographic iicence. Power of Minister to regulate - 34 Verify source ↗
Power of Minister to regulate
The Minister may, with the Authority’s consultation or advice, set licence-related rules and fees by statutory instrument.
34. ( 1) The Minister may, in consultation with the Authority, by statutory instrument, prescribe- ( a) the form of, and the terms and conditions attaching to, each class of licence; (b) the species, or variety of species or the sex of game animal or protected animal which may be hunted under each class of licence, and in such regulations may make provision for the method of hunting to be employed by virtue of each licence, the number of game animals or protected animals of each prescribed species, variety or sex which may be so hunted, the area or areas in which each such licence shall be valid, the time or times of the year during which any specified species, variety or sex of game animal or protected animal may be hunted pursuant to the licence and the validity of each licence; and (c) the appropriate fee payable in respect of each class of licence issued under this Part. (2) The Minister may, on the advice of the Authority, make different provisions for different areas and for different species, varieties and sexes of game animals or protected animals. (3) For the purpose of this section, the term " prescribed quali fying conditions " means such conditions as the Minister may, on the advice of the Authority, prescribe under paragraph ( a) of subsection (I). - 35 Verify source ↗
Licences not transferable
A licence under this Part must be used only by the licensee and cannot be transferred, unless the Act provides otherwise.
35. (1) Except as is otherwise provided by this Act, any licence issued under this Part shall be used solely by the licensee and shall not be transferable to any other person. (2) Any person who transfers any licence issued to him or accepts the transfer of any licence to him shall be guilty of an offence. - 36 Verify source ↗
Non-resident hunting licence
A person may apply to the Director-General in the prescribed form and pay the appropriate fee for a non-resident hunting licence.
36. (1) Upon application by any person to the Director-General in the prescribed form and upon payment of the appropriate fee, the Director-General may issue to such person a non-resident hunting licence. Licences not transferable Non-resident hunting licence i I I 1 1 ' ' ! ! i I ' ' Zambia Wildlife [No. 12 of 1998 99 Resident hunting licence (2) Subject to the other provisions of this Act and the tenns and conditions prescribed for a ·non-resident hunting licence, such a licence shall be issued to a client of a licensed hunting outfitter's and shall authorise the licensee to hunt such animal as is specified in the licence and in the numbers stated in the licence. - 37 Verify source ↗
Resident hunting licence
The Director-General may issue a resident hunting licence on application and payment of the appropriate fee, and may endorse a licence to let the holder employ another person to hunt or assist.
37. (1) Upon application by any person to the Director-General in the prescribed fonn and upon payment of the appropriate fee, the Director-General may issue to such person a resident hunting licence. (2) Subject to the other provisions of this Act and to the tenns and conditions prescribed for a resident hunting licence, such a licence shall be issued to any person who is not a client of a licenced hunting outifitter and shall authorise the licensee to hunt such animal as is specified in the licence and in the numbers stated in the licence. (3) The Director-General may, by way of endorsement on any resident hunting licence issued under this section, authorise the holder of a resident hunting licence to employ for reward or otherwise, any other person to hunt or assist in hunting, on behalf of a licensee, any animal specified in the licence: Provided that the Director-General's endorsement under this subsection shall not be unreasonably withheld. (4) It shall not be essential that any person employed under subsection (3) be the holder of a licence under this Part. - 38 Verify source ↗
Bird licence
The Director-General may issue a bird licence if a person applies in the prescribed form and pays the appropriate fee.
38. (1) Upon application to the Director-General in the pre- Bird licence scribed form and upon payment of the appropriate fee, the Director- General may issue to such person a bird licence. (2) Subject to the other provisions of this Act and to the terms and conditions prescribed for a bird licence, such a licence shall authorise the licensee to hunt such birds as are prescribed in the licence and in the numbers stated in the licence. - 39 Verify source ↗
Prohibition of holding more than one non-resident hunting
A person commits an offence if they apply for or obtain certain hunting licences from the Director-General while already holding a valid subsisting licence of one of those types.
39. Any person who applies to the Director-General for, or who obtains from the Director-General, a non-resident hunting licence, a resident hunting licence or a bird licence while holding a subsisting valid non-resident hunting licence, resident hunting licence or a bird licence, shall be guilty of an offence. Prohibition of holding more than one non resident hunting licence, resident hunting licence and bird licence 100 No. 12 of 1998] Zambia Wildlife Special licence - 40 Verify source ↗
Special licence
The Minister may issue a special licence that allows hunting in specified areas for scientific research, specimen collection, rearing, or approved purposes, subject to licence terms and any fee set by the Minister.
40. (I) Notwithstanding any other provision of this Act, the Minister may, upon snch terms and conditions as the Minister may to- impose, issue a special licence ( a) any person or body of persons or other such institutions, authorising that person or them, for purposes of scientific research or the collection of specimens for zoological gardens, museums or education, to hunt in any stated area or part of the Republic such game animal or protected animal l\S may be specified in the licence; ·(b) any person authorising the person to hunt in any stated National Park or Game Management Area sue!) game licence; animal or protected animal as may be specified in the \ v ( c) any owner of a licence authorising the licensee to rear any wild animal and for such purposes to capture for rearing or hunt in any stated area or part of the republic such game animal or protected animal as may be specified in the licence; or ( d) any chief or other person approved by the Minister, authorising the chief or that person to hunt, in any stated area or part of the Republic, such game animal or protected animal as may be specified in the licence. (2) Subject to the other provisions of this Act and to the terms and conditions as stated in a special licence including the payment of such fee as the Minister may determine, such a licence shall authorise the licensee to hunt within specified areas or parts of the Republic, game animals or protected animals, in the number stated in such licence and for such period as the Minister may determine. - 41 Verify source ↗
Power of Authority to authorise licensee under special
The Director-General may endorse a special licence to let its holder employ another person to hunt or assist in hunting specified game or protected animals.
41. (I) The Director-General may, by way of endorsement on any special licence issued under this part, authorise the holder of a special licence to employ for reward or otherwise, any other person to hunt or to assist in hunting, ori behalf of the licensee, any game animal or protected animal specified in the special licence. (2) It shall not be essential that any person employed as provided by subsection ( 1) be the holder of a licence under this Part. - 42
A licensee under a special licence or resident hunting licence can be held liable if an employee commits an offence or breaches licence terms during the job.
42. In the event of any person, employed by a licensee under a special licence or a resident hunting licence, committing, during and in the course of such employment, any offence under this Act or contravening any of the terms or conditions of the licence, the licensee under the special licence or resident hunting licence shall be guilty of the same offence as that of which the employed person shall be guilty, and the licensee may be joined as defendant with the employed person in any prosecution brought against the employed person for that offence. Power of Authority to authorise licensee under special licence to employ others to hunt Special licensee or resident hunting licensee jointly liable for offences of employee Zambia Wildlife [No. 12 of 1998 101 - 43
The Director-General may issue a professional hunter’s licence if the applicant applies in the prescribed form, meets the prescribed qualifying conditions, and pays the appropriate fee.
43. ( I) Upon application to the Director-Gel)�_al in the _Ne scribed form by any person who complies with the prescribed qualifying conditions, and upon payment of the appropriate fee, the Dire�tor-General may issue to such person a professional hunter's licence. -- Issue of profes:.ional hunter's licence (2) The appropriate licence fee for a · professioi\al hunter's licence shall be payable to the Authority. - 44
A professional hunter’s licence lets the licensee carry on business as a professional hunter and, when accompanied by a bona fide client, hunt only the animals and numbers specified for that client’s licence, subject to the Act and licence conditions.
44. Subject to the other provisions of this Act anci to the terms and conditions prescribed.for a professional hunter's licence under this Part, such a licence shall be-in·the--preseribed-fofffi and shall authorise the licensee to carry on business as a professional hunter and, while accompanied by a bona"Jide clienf,t"ohuli1;suchanimals as are specified in the licences issued to such bona fide client and in the numbers so prescribed. !lS. Any person, not being the licensee under a valid and subsisting-professional hunter's licence who- (a) carries on business as a professional hunter; (b) holds himself out to the general public to be a professional hunt�r; · 4 Professional hllnter's licence Prohibition of carrying on business of profes sional hunter without licence (cJ advertises himself publicly, by any means, as a profes sional hunter; ( dJ solicits from any person any contract or commission to act in the capacity of a professional hunter for such person or for any other person; or ( e) except as provided by sections thirty-seven and forty-one, for gain or reward assists any other person in the huntin(l of any game animal in a capacity other than as a tracker, gun-hearer or beater as provided by section sixty-five; shall be guilty of an offence. - 46
The Director-General may issue an apprentice professional hunter's licence if the applicant uses the prescribed form, meets the qualifying conditions, and pays the appropriate fee.
46. (I) Upon applicat�io-n-to�th-e�D�ir_e_c-to_r_-g_e_n_e�ral in the pre: scribed form by any person who complies with the prescribed qualifying conditions and on payment of the appropriate fee, the Director-General may issue to that person an apprentice profes- sional hunter's licence. - · · -- Issue of apprentice professional hunter's licence (2) The appropriate fee for an apprentice professional hunter's licence shall be payable to the Authority. - 47
An apprentice professional hunter’s licence lets the licensee carry on business as an apprentice professional hunter under supervision, and hunt only the animals and numbers specified when accompanied by the client.
47. Subject to the other provisions of this Act and to the terms and conditions prescribed for an appren\ice professional hunter's licence such a licence shall- Apprentice professional hunter's licence ( a) be in the form prescribed and shall authorise the licensee under it to carry on business as an apprentice profes sional hunter under the supervision and subject to the instructions of a licensee under a professional hunter's licence; and f JI 102 No. 12 of 1998] Zambia Wildlife I I j 1 Prohibition of certain acts without apprentice professional hunter's licence Professional guide's licence Apprentice professional guide's licence (b) while accompanied by the client in respect of whom he is engaged, to hunt such animal as may be specified in the licence and in the numbers so prescribed. - 48
A person without a valid apprentice professional hunter’s licence must not carry on, advertise, hold out, solicit work for, or unlawfully assist in that role.
48. Any person who is pot a holder of a valid and subsisting apprentice professional hunter's licence who- ( a) carries on business as an apprentice professional hunter; (b) holds out to gener'!! public that the person is an apprentice professional hunter; ( c) advertises to the public by any means that the person is an apprentice professi�nal hunter; ( d) solicits from any person any contract or commission to act in the capacity of an apprentice professional hunter for the purpose or for any other purpose; or ( e) except as provided by sections thirty-seven and forty-on e, for gain or reward assists any other person in the hunting of any game animal in a capacity other than as a tracker or gun-bearer or beater as prescribed by section sixty five; shall be guilty of an offence. - 49
The Director-General may issue a professional guide’s licence if the applicant applies in the prescribed form, lives in Zambia, meets the qualifying conditions, and pays the appropriate fee.
49. ( I ) Upon application to the Director-general in the pre scribed form by any person who ordinarily resides in Zambia and who complies with the prescribed qualifying conditions, and upon payment of the appropriate fee, the Director-General may issue to that person a professional guide' s licence. (2) The appropriate fee for a professional guide' s licence shall be payable to the Authority. (3) Subject to the other provisiCJ_n_s _ __<>f this Act and to the terms and conditions prescribed for the licence, a professional guide' s licence, issued under this Part shall be in the prescribed form and shall authorise the licensee under it to conduct for reward, a photographic or viewing safari or to offer to conduct for reward a photographic or viewing safari. - 50
A person who applies in the prescribed form, meets the qualifying conditions, and pays the appropriate fee may be issued an apprentice professional guide’s licence by the Director-General.
50. (1) Upon application to the Director-General in the pre scribed form by any person who complies with qualifying condi tions, and upon payment of the appropriate fee, the Director-General may issue to "that person an apprentice professional guide' s licence. (2) The appropriate fee for an apprentice professional guide' s licence shall be payable to the Authority. (3) Subject to the other provisions of this Act and to the terms and conditions prescribed for an apprentice professional guide's licence such a licence shall- ( a) be in the form prescribed and shall authorise the licensee under it to carry on business as an apprentice profes sional guide under the supervision and subject to the instructions of a licensee under a professional guide's licence; and Zambia Wildlife [No. 12 of 1998 103 Prohibition of carrying on business of profes sional guide or apprentice professional guide without licence ( b) while accompanied by the client in respect of whom he is engaged, to conduct for reward, subject to the terms and conditions of the licence, .. photographic or viewing sa fari. ( 4) An apprentice professional guide' s licence shall not authorise a licensee under it to talce any client out for game drives and walks unless accompanied by the licensee under the professional safari guide' s licence. (!) Any person not being a licensee under a valid and subsisting professional guide's licence or an apprentice profes sional guide's licence who- - 51
It is an offence for a person to carry out or offer certain photographic/viewing safaris for reward in specified wildlife areas, to advertise or hold out as a professional or apprentice guide, to solicit guiding contracts, or to employ someone to do guiding work without a valid licence.
51. ( a) conducts for reward in a national Park, bird sanctuary, wildlife sanctuary, Game Management Area or game ranch any photographic or viewing safari; (b) offers to conduct for reward any photographic or viewing safari; ( c) advertises publicly by any means that the person is a professional guide or an apprentice professional guide; ( d).solicits from any person any contract or commission to act in the capacity of a professional guide or an apprentice professional guide for that person or for any other person; or ( e) holds out to the general public that the person is a profes sional guide or an apprentice professional guide; shall be guilty of an offence. (2) Any person who employs any other person to carry out the functions of a professional guide or apprentice professional guide without the person being a licensee under a valid and subsisting professional guide's licence or apprentice professional guide's licence shall be guilty of an offence. - 52
A person with a tourism enterprise licence may apply for a photographic tour operators licence, and the Director-General may issue it if the application is in the prescribed form and the prescribed fee is paid.
52. (1) Upon application to the Director-General in the pre scribed form by any person holding a tourism enterprise licence issued under the Tourism Act and upon payment of the prescribed fee, the Director-General may issue to that person a photograhic tour operators licence. Photographic tour operator's licence Cap. 155 (2) Subject to the other provisions of this Act and to the terms and conditions prescribed for the licence, a photographic tour operators licence shall be in the prescribed form and shall authorise the licensee under it to carry on business as a photographic tour c.perator. 104 No. 12 of 1998] Zambia Wildlife Hunting outfitter's licence Cap. 155 Restricted professional hunter's licence Commercial photographic licence Refusal to issue licence Cap. 155 - 53
The Director-General may issue a hunting outfitter’s licence on application by a person with a tourist enterprise licence, in the prescribed form and with the prescribed fee, and the applicant must also be ordinarily resident in Zambia and hold a hunting concession over a Game Management Area or part of one.
53. ' ( I ) _Subject to subsection (2), on application by any person holding a..tm!.ti.sm enterprise licence issued under the Tourism Act to the Diree!eF-Generalinthe prescribed form and upon payment of the prescribed fee, the Director-General may issue to such person a hunting outfitter's licence. (2) The hunting outfitter's licence shall be issued to a person ordinarily resident in Zambia and who holds a hunting concession over a Game Management Area or part thereof on such terms and __ condmons as the Director-General may determine. - 54
A person may apply to the Director-General in the prescribed form and pay the prescribed fee for a restricted professional hunter’s licence.
54. (1) Upon application to the Director-General in the pre scribed form by any person and upon payment of the prescribed fee, the 'Director-General may issue to such person a restricted profes sional hunter's licence. (2) Subject to the other provisions of this Act and to the terms and conditions prescribed for a restricted professional hunter's licence, such a licence shall authorise the licensee to carry on business as a professional hunter in respect of non-dangerous animals. - 55
A person may apply to the Director-General in the prescribed form and pay the prescribed fee to get a commercial photographic licence, and the Director-General may refuse it.
55. (1) Upon application to the Director-General in the pre i:cribed fcnn oy any person, and upon payment of the prescribed fee, the Director-General may issue to that person a commercial phctograhic licence. .. : (2) Subject to the other provisions of this Act and to the terms and conditions prescribed for a commercial photographic licence □ such a licence shall authorise the licensee to make paintings, to take films orvicle -for commercial purposes in a Nitnonal Park. ( 1) The Director-General may refuse to issue a licence - 56
The Director-General may refuse a licence if listed conditions are met, and must tell the applicant in writing why the licence was refused.
56. --- --- · under this Part if- ( a) the applicant fails to comply with any prescribed condi ( b) tions precedent to the issue of such licence; any licence formerly held by the applicant under this Part --(c) has been revoked by the-Director-General; the applicant has been convicted of an offence under this (d) Act; the Director-General is satisfied that the applicant is not a ( e) fit or proper person to hold such a licence; if the applicant for a photographic tour operator's licence ·or a hunting outfitter's licence is not the holder of a tourism enterprise licence issued under the Tourism Act; (j) the Director-General is satisfied that in the interest of good game management the licence should not be issued; or ( g) if the applicant has been convicted of a crime relating to hunting in another country or his licence was withdrawn by the wildlife authority of another country. • Zambia Wildlife [No. 12 of 1998 105 (2) The Director-general shall notify the applicant in writing of the refusal under this section to issue a licence and shall state the reasons for the refusal. - 57
If the Director-General refuses a licence, the applicant may appeal in writing to the Authority within one month of receiving the notice. The Authority may uphold the refusal or direct that the licence be issued, and its decision can be appealed to the High Court.
57. ( I ) Where the Director-General refuses to issue a licence, the applicant may, not later than one month after the receipt by the applicant of the notice given under subsection (2) of sectionfifty six, appeal in writing to the authority against such refusal. Appeal against issue of licence (2) In determining any appeal, the Authority may uphold the decision of the Director-General or may instruct the Director General to issue the licence as applied for. (3) The decision of the Authority on any appeal under this section shall be subject to appeal to the High Court. - 58
The Director-General may revoke a licence if the licensee has not complied with its conditions, and must then notify the licensee in writing and give reasons as soon as practicable.
58. (I) The Director-General may revoke any licence if satis fied that the licensee has failed to comply with any of the conditions relating to the licence. Revocation .of Licences (2) In the event of the revocation of a licence by the Director General under subsection ( I), the Director-General shall, as soon as practicable after ordering the revocation, notify the licensee, in writing, of the re\'ocation and shall state reasons for the revocation. - 59
A licensee whose licence was revoked by the Director-General may appeal in writing to the Authority within one month after receiving notice.
59. ( l) The Iiccrn ee under any licence which has been revoked cy the Director-General under subsection (1) of section.fifty-eight may, not later than one month after the receipt by the licensee of the notice given under subsection (2) of that section, appeal in writing to the Authority against the revocation. (2) In determining any such appeal, the Authority may consult may consult with the Director-General and may uphold the decision of the Director-General or may instruct the Director-General to withdraw the revocation of the licence. (3) The decision of the Authority on any appeal under this section shall be �i:bject to appeal to the High Court. - 60
The Director-General may suspend or cancel certain game licences, and affected licensees can appeal.
60. ( I) The Director-General may suspend, for any period, or cancel any game licence issued under paragraphs (a) , (b), (c), (d) and (h) of subsection (I) of section thirty-three if in the opinion of the Director-General the interests of good game management so requires the suspension or cancellation, as the case may be. (2) Upon the suspension of any licence under subsection (1), the Director-General shall notify the licensee, in writing, of the period of the suspension and, during that period, the licence so suspended shall be of no legal force or effect and shall be surrendered to the Director-General if so required. Appeal against revocation Suspension, cancellation or loss of licences ' 1 I i I l ' ·, I ' . " �-·· 106 No. 12 of 1998] Zambia Wildlife (3) Upon the cancellation of any licence under subsection (1), the Director-General shall notify the licensee in writing of such cancellation and, from the date of the notice, the licence so can celled shall no longer be of any legal force or effect and shall forthwith be surrendered to the Director-General. (4) Upon the suspension or cancellation of any licence under subsection (1), the licensee may be entitled to a refund of such proportion of the fee paid for the licence as the Director-General may determine. (5) Where any person loses a licence issued under this Part, the person shall inform the proper officer within fourteen days of the loss and shall after a further period of fourteen days apply to the . Director-General for the issuance of a duplicate licence. (6) On application under subsection (5), the Director-General ( a) may issue a duplicate licence on such terms and conditions _as the Director-General may determine; or (b) reject the application and notify the licensee in writing and gives reasons for the refusal. (7) The licensee under any licence which has been suspended or cancelled under subsection ( I ) or who the Director-General has refused to issue a duplicate licence under subsection (6) may, not later than one month after the receipt of the notice given under subsection (2) or 3), or the notice of refusal to issue a duplicate licence under subsection (5), as the case may be, appeal in writing to the Authority against the suspension, cancellation or refusal. (8) In determining any appeal under subsection (7), the Author ity may consult with the Director-General and may uphold the decision of the Director-General or may instruct the Director General to rescind the suspension, or set aside the cancellation, as the case may be. (9) The decision of the Authority on any appeal under this section shall be subject to appeal to the High Court. PART VIII HUNTING OF WILD ANIMALS Duties of licensees and permit holders
Part
PART VIII
- 61
Certain hunting licence and permit holders must keep the licence or permit with them, show it and give their name and address on request, hunt with a wildlife police officer or village scout, and keep a true record of hunted game animals or protected animals (other than birds).
61. ( �) Every licensee issued with a licence under paragraph (a), (b), (c) and (h) of subsection (1) of section thirty-thre e and every holder of a permit under subsection (3) of section sixt een shall- ( a) have the licence or permit in actual possession at all times while hunting any game animal or protected animal under the licence; Zambia Wildlife [No. 12 of 1998 107 (b) produce the licence or permit for inspection and give the full name and address, in writing, to any proper officer, village scout or any honorary wildlife police officer ·upon request; ( c) be accompanied by a wildlife police officer or village scout while hunting; and ( d) keep, in the form prescribed, a true record of all game animals or protected animals, other than birds, hunted by him during the validity of the licence. (2) Any person who contravenes any of the provisions of sub section ( 1 ) shall be guilty of an offence. - 62
A professional hunter’s licensee must carry the licence, show it and give name and address on request, keep prescribed records, be accompanied by a wildlife officer or village scout, and ensure the client completes the required certificate after each hunt.
62. Every licensee under a professional hunter's licence issued under sectionforty-three shall- ( a) have the licence in actual possession at all times while engaged in hunting game animal or protected animal as a professional hunter; (b) produce for inspection the licence, and give the full name and address in writing-to any proper officer or honorary wildlife police officer upon request; ( c) keep, in the form prescribed, a record of each licence issued to each client whereby he accepted engagement by such client as a professional hunter, together with a true record of the game animal or protected animal, other than birds, hunted by, or 01_1 behalf of, such client under the licence; ( d) be accompanied by a wildlife police officer or village scout; and ( e) immediately after each h_unt ensure that any client in relation to whose licence the professional hunter is . mpletes a certificate in the engaged for that hunt co prescrihed form, specifying the game animal or pro tected animal killed or wounded by the client. Duties of licensee under professional hunter's licence (2) Any person who contravenes any of the provisions of subsection ( I ) shall be guilty of an offence. - 63
A licensee under an apprentice professional hunter's licence must keep the licence with them while hunting, or show it and give their name and address in writing when asked by certain officers.
63. (I) Every licensee under an apprentice professional hunter's licence shall- ( a) have the licence in actual possession at all times while engaged in hunting game animals or protected animals as an apprentice professional hunter; or Duties of licensee under apprentice professional hunter's licence r 108 No. 12 of 1998] 7-ambia Wildlife (b) produce the licence for inspection and give full name and address of th•! licensee in writing to any proper officer or honorary wildlife police officer upon reque�t. (2) Any person who contravenes any of the provisions of sub (1) section (1) shall be guilty of �n offence. - 64
This section says only game or protected animals that are killed, wounded, or captured are counted, and it sets how a killed animal is counted under a hunting licence or permit.
64. (a) For the purpose of- computing the numbers of game anirr.als or pro:tcted animals authorised to be hunted under any licence issued under Part VII; computing the numbers of game animals or protected animals permitted to be hunted in any National Park, Game Management Area or open area under any pennit granted under subsection (3) of section sixteen; or (b) ( c) recording the numbers of hunted animals or prmected sixty-one animals in any record required to be kept under section sixty-two; or only such game animals or protected animals as are killed, wrnmded or captured shall be counted. (2) Subject to subsection (3), if any game animal or protected animal is killed in any circumstances whatsoever, any licensc,e or holder of a permit under this Act, whose licence or permit entitles the licensee to hunt a game animal or protected animal of that species, or by any person accompanying or assisting such licensee or permit holder, such animal shall count as having been hunted under the licence or pennit: Provided that if any person accompanying or assisting a licensee or holder of a permit is himself in possession of a licence or permit entitling the person to hunt a game animal or protected animal of the species killed by that person, the animal shall count as having been hunted under the licence or permit of the person so accompanying or assisting. (3) Nothing in subsection (2) shall apply to any game or eighty-one. protected animal killed or wounded in accordance with section forty-one (a), (b), (c), (d) section thirty-three paragraphs - 65
A person who is not a licence or permit holder may assist in hunting only as a tracker, gun bearer, or beater, subject to this section.
65. (I) Subject to the other provisions of this section and of any person, not being the holder of a licence under (h) of subsection ( I) of section or a permit issued under this Act may assist, for gain or reward or otherwise, any licensee under a game or professional hunter's licence or any permit holder under the permit, to hunt any game animal or protected animal solely the capacity of a tracker, gun bearer or beater. and in Counting of hunted game animals or protected animals Limitations upon persons assisting in hunting game or protected animals - 'Zambia Wildlife 12 1998 109 [No. of (2) Any person who contravenes any of the provisions of this - 66
A person must not employ, cause, or induce someone else to hunt game animals or protected animals on that person's behalf, unless an exception applies.
66. section shall be guilty of an offence. Any person who employs, causes or induces another per son to hunt any game animal or protected animal on his behalf shall be guilty of an offence: Provided that this section shall not apply where the person Prohibition of employ ment of another person to hunt employed-(a) is a licensed professional hunter employed to hunt game animals on behalf of a licensee under a non-resident hunting licence while the licensed professional hunter is accompanied by the licensee; or (b) is employed by a licensee under a special licence or resident hunting licence to so hunt any game animal or protected animal in accordance with an authorisation to that effect endorsed on the special licence as provided by sections thirty-seven forty-one. and - 67
People generally may not hunt game animals or protected animals in open areas without the required licence or permit, and hunting dependent young or females with dependent young is also prohibited except where specially authorised.
67. Except as otherwise provided by this Act, any person who not being a holder of a licence or permit under this Act, hunts any game animal or protected animal in any open area shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding three years or to both: Provided that this section shall not apply to any person who Prohibition of hunting in open areas within such an open area- animal; ( Q) hunts any animal which is not a game animal or protected (b) is the owner of such land and is in possession of a valid licence, authorising the licensee to hunt such game animal or protected animal; ( c/ has previously sought and obtained the permission of the owner so to do and is in possession of a valid licence authorising that person to hunt such ·game animal or protected animal; or ( d) is a proper officer or honorary wildlife police officer while acting under instruciions in performance of that officer's duties in the exercise of powers under this Act. 68;-- (1) Except as may be authorised under a special licence or seventy-nine permitted under section ( a) any person who hunts- the dependent young of any game animal or protected \ (b) animal; or any female game animal or protected accompanied by her Prohibition of hunting young game animals and of females with young dependent young; shall be guilty of an offence. ' ' I ., ' I ' ' , I I · I ! · I I ·I , I II I i ' ,.I 110 No. 12 of 1998] Zambia Wildlife Restrictions on use of motor vehicles, aircraft or boats while hunting Restrictions on use of dogs while hunting (2) For the purposes of this section, the term " dependent young " means any young animal relying upon its parent for sustenance and protection. - 69 Verify source ↗
Restrictions on use of motor vehicles, aircraft or boats
It is an offence for any person to use a motor vehicle, boat or aircraft to hunt or stampede certain animals, or to shoot at animals from or near such conveyances, unless a listed exception applies.
69. ( 1) Except as provided by subsection (2), any person who- ( a) uses a motor vehicle, boat or aircraft for purposes of hunting any game animal or protected animal or who uses the same in such manner as to drive or stampede any game animal or protected animal, other than birds, for any purpose whatsoever; or (b) discharges any firearm or other weapon at any animal, or protected animal, other than birds, from any motor vehicle, aircraft, boat or other conveyance, or discharges such firearm or other weapon from a point within two hundred and fifty metres' distance of any such motor vehicle, aircraft, boat or other conveyance; shall be guilty of an offence. (2) Nothing in this section shall prohibit the use of a motor vehicle, aircraft, boat or other conveyance for- ( a) hunting any game animal or protected animal under a.'ly licence issued under Part VII or under any permit issued under this Act where those means are expressly permit ted under the terms of the licence or permit; or (b) driving away any game animal, or protected animal from any aerodrome by any person concerned with the main tenance of the aerodrome, or driving any game animal or protected animal by any person off any land being used, or about to be used, as an aerodrome in case of an emergency, when necessary, to ensure the safety of any aircraft which is about to alight on or take off from such land. - 70 Verify source ↗
Restrictions on use of dogs while hunting
Using dogs to hunt game or protected animals is an offence unless the Director-General gives written permission, and the Minister can exempt specified animals by statutory instrument.
70. (1) Except as provided by subsection (2), any person who, without the written permission of the Director-General, which the Director-General may grant or may refuse without assigning any reason for the refusal, uses dogs for the purpose of hunting any game animal or protected animal, shall be guilty of an offence. (2) The Minister may, on the advice of the Authority, by statutory instrument, prescribe any game animal or protected ani mal in the hunting of which dogs may be used. (3) Any person who contravenes any of the provisions of this section shall be guilty of an offence. '- , · Zambia Wildlife [No. 12 of 1998 111 Prohibition of use of fire in hunting Prohibition of use of poison, bird lime or poisoned weapons in hunting Prohibition of posses sion, acquisition or use of traps, etc., for hunting Power of Minister to prohibit or control use of specified weapons or methods of hunting - 71 Verify source ↗
Any person who, for the purpose of hunting or assisting in
A person must not, when hunting or helping to hunt a game animal or protected animal, use fire to cause, drive, or surround the animal.
71. Any person who, for the purpose of hunting or assisting in hunting any game animal or protected animal, causes any fire or drives or surrounds any game animal or protected animal with fire, shall be guilty of an offence, - 72 Verify source ↗
Prohibition of use of poison, bird-lime or poisoned weap
A person must not, without written permission from the Director-General, handle poison, bird-lime, similar harmful substances, or poisoned weapons for hunting or assisting in hunting game or protected animals.
72. Except with the written permission of the Director General, any person who, for the purpose of, or in connection with, hunting or assisting in hunting, any game animal or protected animal, prepares, compounds, sells, buys, uses or has in possession any poison, bird-lime or like injuriuos substance or any poisoned weapon shall be guilty of an offence. - 73 Verify source ↗
Prohibition of possession, acquisition or use of traps, etc,
It is an offence for a person, in connection with hunting game or protected animals, to possess, make, buy, sell, or use certain traps or similar devices unless written permission, a licence, a permit, or another provision authorises it.
73. Except with the written permission of the Director-Gen eral, or as authorised under any licence issued under Part VII or under any permit issued under this Act or as otherwise provided under this Act, any person who, for.the purpose of, or in connection with, hunting any game animal or protected animal, possesses, makes, buys, sells or uses any gin or similar trap or any mist net, snare or similar contrivance capable of killing or capturing any game animal or protected animal shall be guilty of an offence. - 74 Verify source ↗
Power of Minister to prohibit or control use of specified
The Minister may, on the Authority’s advice, make regulations banning or controlling hunting methods and may revoke, amend, alter, or suspend those regulations. Breaching the regulations is an offence.
74. (1) The Minister may, on the advice of the Authority by regulations, prohibit the hunting of any wild animal, generally, or in any specified area, by means of any game pit, pitfall, trench or similar excavation, fence or enclosure or other devise fixed to the ground or other specified method, means, instrument, weapon, missile or explosive, or may, impose in .such regulations such conditions or restrictions as the Authority considers fit in respect of the use of any game pit, pitfall, trench or similar excavation, fence or enclosure or other device fixed to the ground or other specified method, means, instrument, weapon, missile or explosive, (2) The Minister may, on the advice of the Authority, revoke, amend or alter any regulation made under subsection (!), or the Minister may, suspend, in any area defined in the regulation for any time therein stated, any regulation when it appears reasonably necessary so to do in the interests of good game-management, or for the protection of life or property, or for the protection of the health of human beings, animals or plants. (3) Any person who- ( a) hunts any wild animal in contravention of any regulation made under this section;-or (b) possesses, makes, buys or sells, for the purposes of hunting or assisting in the hunting of any wild animals, any instrument, weapon, missile or explosive, the use of which for such purpose is absolutely prohibited by any regulation made under this section; shall be guilty of an offence. 112 No. 12 of 1998] Zambia Wildlife Prohibition of driving certain game animal or protected animal into water Prohibition of hunting during hours of darkness Game drives Self-defence - 75 Verify source ↗
Prohibition of driving certain game animal or protected
It is an offence to drive certain game or protected animals into water to incapacitate, kill, or capture them, or to stop animals and birds from accessing water or put poisonous substances into water.
75. (1) Any person who drives any game animal or protected animal, other than an amphibious animal, into water for the purpose ofincapacitating, killing or capturing that game animal of protected animal shall be guilty of an offence: Provided that the Minister may, on the advice of the Authority, at any time, by regulation, suspend the operation of this section in any area so defined for any period of time so stated or in respect of any game or protected animal so specified. (2) Any person who prevents any animal or bird to have access to water or introduces poisonous substances into water shall be guilty of an offence. - 76 Verify source ↗
Prohibition of hunting during hours of darkness
Hunting wild animals, or using artificial light for hunting, is prohibited during hours of darkness unless the Director-General gives written permission.
76. (1) Except with the written permission of the Director General, any person who, during the hours of darkness- ( a) hunts any wild animal; or (b) for the purpose of or in the connection with hunting, or assisting in hunting any wild animal, uses any torch, flare, lamp of the type known as a " bulala lamp " or any other artificial light; shall be guilty of an offence. (2) For the purpose of this section, the expression " hours of darkness " means the period between one half-hour after sunset and one half-hour before sunrise. - 77 Verify source ↗
Game drives
A person must not use a motor vehicle to drive or stampede game animals, unless the Director-General gives written permission. The Minister may suspend this section by regulation for a defined area and period, on the Authority’s advice.
77. Except with the written penruss1on of the Director General, any person who uses any motor vehicle to drive or stampede any game animal, other than a drive of birds, shall be guilty of an offence: Provided that the Minister may, on·the advice of the Authority, at any time, by regulation, suspend the operation of this section in respect of any area so defined for any period of time so stated. PART IX KILLING, WOUNDING OR MOLESTING WILD ANIMALS
Part
PART IX
- 78 Verify source ↗
Self-defence
A person may kill a wild animal in self-defence or defence of another person if necessary, but must report the killing within 48 hours and usually hand over the carcass or trophy/meat to a proper officer unless entitled to keep it.
78. (1) Notwithstanding anything to the contrary in this Act, a person may kill any wild animal in defence of himself or in defence of any other person if it is necessary: Provided that nothing in this subsection shall exonerate any person who, at the time of killing any wild animal in self-defence or in defence of any other person, was committing an offence under this Act. ( \ I l ! _, Zambia Wildlife [No. 12 of 1998 113 (2) Except as is otherwise provided by this Act or by the terms and conditions of any licence or permit issued under this Act, the killing of any game animal or protected animal in accordance with subsection (!) shall not be deemed to transfer the absolute ownership of the animal or the carcas, or any trophy or meat thereof, to any person. (3) When any game animal or protected animal is killed in accordance with subsection (!), the person who has killed the animal shall, within a period of forty-eight hours, make a report of the facts to the nearest proper officer and shall, unless otherwise entitled to retain the animal under this Act or under any licence or permit issued under this Act, hand over to the proper officer the carcas or any trophy or meat of the animal as the proper officer may direct. (4) Any person who fails to comply with subsection (3) shall be guilty of an offence. - 79 Verify source ↗
Defence of property
Certain owners, employees, servants, and livestock or crop owners may kill damaging animals to protect property, but they must report the killing and hand over the carcass, trophy, or meat unless they are entitled to keep it.
79. ( ! ) Notwithstanding any provision to the contrary in this Act- (a) any owner or employee of the owner whenever it may be necessary for- (i) the protection of the owner's land or of any building on it; (ii) the protection of any part of the owner's land, which is under cultivation, and for the protec tion of any crops growing upon that part of the land; Defence of property (iii) the protection of any livestock upon any part of his land, whether fenced or otherwise enclosed or not, which for the time being is in use for the grazing or heading of domestic stock; any owner of any crops being lawfully cultivated on land leased by any other person or held under customary law, or any servant of the owner of the said crops; or (b) ( c) any owner ofany livestock being lawfully grazed or herded upon lands leased by any other person or held under customary law, whether the lands are fenced or other wise enclosed or not, or any employee of the owner of the livestock; may kill any game animal, non-game animal,. protected or non protected animal which is identified as causing or has caused material damage to that land, building, crops or livestock, as the case may be and a report shall be made to the nearest proper officer, village scout or honorary wildlife police officer. 1 1 J • 114 No, 12 of 1998] Zambia Wildlife (2) Except-as i� otherwise provided by this Act or by the tenns and conditions of any licence or permit issued under this Act, the killing of any game or protected animal in accordance with subsec tion (I) shall not be deemed to transfer the absolute ownership of the game animal or protected ,mime.! o(of the carcas or of any trophy or of the meat to any person. (3) When any game animal· or protected animal is killed in accordance with subsection (1), the person who has killed that animal shall, within a period of forty-eight bours, make a report of the fact to the nearest proper officer and shall, unless otherwise entitled to retain the animal under this Act or under any licence or permit issued under this Act, hand over to the proper officer the carcas or any trophy or meat of that animal as the properofficermay direct: Provided that the proper office may grant that person ownership of the carcas, trophy or meat of the animal as compensation for any damage to the land, building, crops or livestock caused by the game animal, protected non-game animal or non-protected animal. (4) Any person who fails to comply with subsection (3) shall be guilty of an offence. (5) Nothing in this section shall authorise any person to use in the killing of any wild animai any method of hunting prohibited under Part VIII or by any regulation made under this Act. - 80 Verify source ↗
Game or protected animals killed through accident or error
If someone accidentally or wrongly kills a game or protected animal, they must report it within 14 days and hand over the carcass, trophy, or meat as directed.
80. (I) If any person kills any game animal or protected animal through accident or error, the person shall, within a period of fourteen days, make a report of the facts to the nearest proper officer, village scout or honorary wildlife police officer and shall hand over to the proper officer, honorary wildlife police officer or village scout the carcas. or any trophy or meat of the animal as the officer or village scout may direct. (2) Nothing in subsection (1) shall apply to any person who kills any game animal or protected animal through accident or e�r if- ( a) that person is entitled under any licence or permit issued under this Act to hunt a game animal or protected animal .. of that species and sex; and (b) no offence under this Act has been committed in relation to the killing of such animal. (3) The provisions of section sixty-four shall apply to any game animal or protected animal killed by accident or error. (4) Any person who fails to comply with subsection (1) shall be guilty of an offence. Game or protected animals killed through accident or error Zambia Wildlife [No. 12 of 1998 115 - 81 Verify source ↗
Wounding of game animal or protected animal
A person who wounds a dangerous animal must try to kill it as soon as possible, and people who wound game or protected animals must report the facts within 48 hours in certain cases.
81. (I) Any person who, in any circumstances whatsoever, wounds any dangerous animal and fails without reasonable cause to use all reasonable endeavour to kill the_ animal at the earliest possible opportunity shall be guilty.of an offence: Provided that it shall not be lawful to follow any wounded game animal or protected animal into a_National Park, or into a Game Management Area in which the hu�ting of the animal is prohibited e�e!iold title. or on to any land held by any person under a-l _ (2) Any person who has, or who believes that he has wounded any game animal or protected animal, which, in such wounded condition, has entered a National Park ora Game Management Area in which the hunting of the animal is prohibiied, shall, within a period of forty-eight hours make a report of the facts and circum- stances to the nearest proper officer. 11 (3) Any person who has, or who believes that he bas wounded any game animal or protected animal, which, in such wounded condition, has entered land held by any person under a leasehold title and upon which land such person has no permission to enter, shall, within a period of forty-eight hours, make a report of the facts and circumstances to the occupier of the land and to the proper officer, village scout or honorary wildlife police officer. - 82 Verify source ↗
Wounding of dangerous animals
A person who wounds a dangerous animal and does not kill or recover it within 24 hours must report the incident within 48 hours to the nearest proper officer.
82. (!) Any person who, in any circumstances whatsoever, wounds any dangerous animal and fails to kill, or recover the animal within twenty-four hours after its wounding;· shall, within forty eight hours, report the circumstances of the WQUridjng, to the nearest proper officer. - · - Wounding of game animal or protected animal Wounding of dangerous animals (2) Every report made under subsection ( 1) shall specify the species of dangerous animal wounded, the date, time and place of the wounding, the type of wound, if known, the weapon by which the wound was inflicted, the efforts made to kill the animal after it was wounded, the time and place at which the animal was lost or escaped and any other information which might be of use in locating or identifying the animal. (3) If the dangerous animal wounded but not killed is an el ephant or rhinoceros, the report made under subsection ( 1) shall in addition be made to the Director-General. (4) Where any dangerous animal is found dead, and the Director General is satisfied that it is an animal which was wounded but not killed by the holder of a licence or permit issued under this Act, which licence or permit entitled the holder to hunt the animal, and that licence or permit holder- ( a) made the requisite report; and ' ' • 116 No. 12 of 1998] (b) Zambia Wildlife after wounding the animal, used every possible endeavour to kill it; the Director-General may direct that any trophy of the animal be delivered to the licensee or permit holder. (1) (5) Every report required to be made under subsection or (3) shall whenever possible be made in person by the person who wounded the dangerous animal or on his instructions, by a person accompanying or assisting him at the time when the wounding took place. so, (6) Any person who is required by subsection (5) to make a report under subsection (1) or (3), and who fails to do or who does not make the report within forty-eight hours of the loss of the wounded dangerous animal, shall be guilty of an offence, and upon conviction shall be liable to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding one month, or to both; and, if such dangerous animal has been wounded by the holder of a licence or permit issued under this Act entitling him to hunt the animal, the absolute ownership of the animal shall notbe deemed to pass under the provisions of this Act to the licensee or permit holder as the case may be. - 83 Verify source ↗
Cruelty to wild animals
Any person must not cause unnecessary or undue suffering to any wild animal.
83. Any person who, in any circumstances whatsoever, causes unnecessary or undue suffering to any wild animal shall be guilty of an offence. - 84 Verify source ↗
Possession of maimed wild animals
A person must not possess, control, or keep certain live wild animals without the Director-General’s permission.
84. (1) Subject to subsection (2), any person who, without the permission of the Director-General, is in possession of, or who has in control or keeping any live wild animal which has been orphaned, maimed, mutilated or incapacitated shall be guilty of an offence. (2) This section shall not apply to any veterinary surgeon or to any person assisting any veterinary surgeon, or any other person, who has in actual possession, control or keeping any orphaned, maimed or mutilated wild animal for purposes of medical care, treatment, scientific or educational purposes in accordance with written authority from the Director-General. - 85 Verify source ↗
Molesting or provoking game animal or protected animal
A person must not willfully, and without just cause or excuse, molest or provoke game animals or protected animals in ways that cause destruction, or otherwise molest animals in ways that lead to harassment or destruction of game or protected animals.
85. Except as provided for or for the purposes of section seventy-eight, sevemy-nine, eighty-one and eighty-two, any person who willfully and without just cause or excuse- ( a) molests or provokes any game animal or protected animal in any manner which results in the destruction of the game animal or protected animal; or (b) molest or provokes any animal whatsoever in any manner which results, in the harassment or destruction of any game animal or protected animal; shall be guilty of an offence. Cruelty to wild animals Possession of maimed wild animals Molesting or provoking game animal or protected animal • Zambia Wildlife [No. 12 of 1998 117 - 86 Verify source ↗
Prohibited dealings in trophies
People trading in trophies must not buy, sell, process, deal in, or make articles from them unless covered by a permit; a stated exception applies to certain lawfully hunted game or protected animal trophies.
86. PARTX ThoPHIES Any person who, in the course of trade, buys, sells or processes or otherwise deals in any trophy, or manufactures any article from any readily recognisable part of it, except in accordance with a permit so to do, issued under this Act shall be guilty of an offence: Prohibited dealings in trophies Trophy dealer's pennit Provided that, this section shall not apply to any person who, for purposes of gain, sells, processes, or manufactures any article from any trophy of any game animal or protected animal which was lawfully hunted by the person and the ownership of which licence or under any other vested in that person under section provjsions of this Act. three - 87 Verify source ↗
Trophy dealer's permit
A person must apply to the Director-General in the prescribed form and pay the prescribed fee to get a trophy dealer's permit.
87. (1) Upon application to the Director-General in the pre scribed form by any person, and upon payment of the appropriate fee, the Director-General may, on such terms and conditions as the permit shall specify including the period of validity, issue to the person a trophy dealer's permit in the form prescribed which shall authorise the person to buy, sell, deal in, process, or manufacture articles from trophies by way of trade or business. (2) The appropriate fee for a trophy dealer's permit shall be the fee prescribed by the Minister, after consultation with the Authority and shall be payable to the Authority. (3) The Director-General may at any time grant or refuse to grant, suspend for any period of time, revoke or cancel any trophy dealer's permit..._ or may make the granting of it __ subject to any condition which ffie--Director-General considers fit to impose, or may limit such permit to, or exclude from it, any specific trophy or class of trophies. ( 4) Where the Director-General refuses to g,::ant, suspend, re voke or cancel any trophy dealer's permit, or makes the granting of it subject to any condition, or limits the permit to, or excludes from it any specific trophy or class of trophy, the Director-General shall notify the applicant, or the party aggrieved by such decision, as the case may be, of his decision, in writing. (5) The applicant, or the party aggrieved, as the case may be, may, within one month after receipt of the notice given under subsection (6), appeal in writing to the Authority against the decision of the Director-General. (6) In determining any appeal the Authority may consult with the Director-General and may uphold the decision of the Director General or may instruct the Director-General to reverse the decision or to amend or alter the decision as instructed by the Authority. 118 No. 12 of 1998) Zambia Wildlife (7) The decision of the Authority on any appeal shall be subject to appeal to the High Court. - 88 Verify source ↗
Trophy dealers to keep records and make returns
Trophy dealers must keep records and file returns about their trophy trading, as prescribed by the Minister.
88. (1) Every trophy dealer shall keep and maintain such records, and make such returns of the trophy dealer's trading in trophies, as the Minister may, after consultation with the Authority, by Statu tory Instrnment, prescribe. (2) Any trophy dealer who fails to keep or maintain any record or make any return prescribed under subsection (!) shall be guilty of an offence. - 89 Verify source ↗
Prescribed trophies
The Minister may, on the Authority’s advice and by statutory instrument, declare trophies or classes of trophies to be “prescribed trophies” for controlling, prohibiting, or limiting dealings in them. Ivory and rhinoceros horn are prescribed trophies under this provision.
89. (!) Subject to the provisions of subsection (2), the Minister may, on the advice of the Authority, by statutory instrument, prescribe any trophy or class of trophy as being " prescribed trophy " for the purposes of controlling, prohibiting or limiting any dealings in such trophy or class of trophy, except in accordance with the provisions of this Act in that regard. (2) Ivory and rhinoceros horn shall be prescribed trophies for the purposes of this Act. - 90 Verify source ↗
Certificate of ownership of trophies
The Director-General may issue a certificate of ownership for a trophy if the applicant is in lawful possession of it, and may revoke the certificate if it was issued by error or fraud. If revoked, the holder must return the certificate for cancellation, and failure to do so is an offence.
90. (I) The Director-Ge.neral may, upon application by any person and upon being satisfied that such person is in lawful possession of any trophy, issue, in the form prescribed, a certificate of ownership of that trophy to that person. (2) Where the Director-General is satisfied that a certificate of ownership under subsection (!) has been issued through error, or through the misrepresentation or fraud of any person, he may revoke it and the person to whom the certificate of ownership was issued shall cause the certificate to be returned to the Director General for cancellation. (3) Any person who fails to comply with subsection (2) shall be guilty of an offence. Q \l. ' ninety, - 91 Verify source ↗
Possession of prescribed trophies
A person must not possess a prescribed trophy unless there is a certificate of ownership issued for it under the section.
91. Any person who has in his possession any prescribed trophy, without a certificate of ownership issued in respect of it under section shall be guilty of an offence. - 92 Verify source ↗
Transfer of ownership of prescribed trophies
People transferring ownership of a prescribed trophy must have a certificate of ownership at the time of transfer, and the transferor must endorse and pass on the certificate.
92. (1) Any person who transfers, or purports to transfer, the ownership of any prescribed trophy to any other person, whether by way of gift, sale or otherwise, shall; at the time of the transfer or purported transfer, be in actual possession· of a certificate of ownership issued in respect of the prescribed trophy. (2) Subject to section upon the transfer or purported transfer by any person of the ownership of any prescribed trophy to any other person, the transferor shall, at the time of transfer or purported transfer of ownership, endorse on the certificate of ninety-six, Trophy dealers to keep records and make returns Prescribed trophies Certificate of ownership of trophies Possession of prescribed trophies Transfer of ownership of prescribed trophies I I I I ' Zambia Wildlife [No. 12 of 1998 119 ownership issued in respect of the prescribed trophy the signature of the transferor, the date of such transfer, or purported transfer, together with the name of the transferee or purported transferee and shall deliver to the transferee the certificate of ownership so endorsed. ninety-six, (3) Subject to section any person who;by way of gift, purchase or otherwise, obtains, or purports to obtain, from any other person, the ownership of any prescribed trophy, shall, at the time such ownership is, or is purported to be, transferred to that person, obtain from the transferor the certificate of ownership issued in respect of such prescribed trophy endorsed as prescribed by subsec tion (2). (4) Any person who contravenes or fails to comply with any of - 93 Verify source ↗
Section 93
If a person kills an elephant or rhinoceros, they must give the ivory or horn to a wildlife police officer (or another person nominated by the Director-General) within 48 hours.
93. the provisions of this section shall be guilty of an offence. (I ) Any person who, under any circumstances, kills any elephant or rhinoceros shall, within forty-eight hours after the date of the killing, produce the ivory or rhinoceros horn of the animal to a wildlife police officer, or to such other person as may be nomi nated in writing in that regard by the Director-General, for the purpose of weighing and registering the ivory and rhinoceros horn . (2) Any person who fails to comply with subsection (1) shall be - 94
Importers of ivory or rhinoceros horn must produce it to a wildlife police officer, or another person nominated in writing by the Director-General, within 48 hours of importation.
94. guilty of an offence. ( 1) Subject to any regulations made under subsection ( 1 ) of eighty-nine, section any person who imports ivory or rhinoceros horn into the Republic shall, within forty-eight hours after the date of importation, produce such ivory or rhinoceros horn to a wildlife police officer, or to such other person as may be nominated in writing in that regard by the Director-General; for the purpose of weighing and registering the ivory or rhinoceros horn. (2) Any person who fails to comply with subsection ( 1 ) shall be guilty of an offence. - 95
If ivory or rhinoceros horn is produced to a wildlife police officer, it must be weighed, marked, registered, and returned with a certificate if the officer is satisfied it is lawful property; if proceedings are not started within 3 months after production, it must still be processed and returned. No compensation is payable for retention under subsection (2).
95. ( 1) If, after such inquiry as the wildlife police officer may ninety consider necessary, the wildlife police officer or other person to three whom ivory or rhinoceros horn is produced under section ninety-four, Duty to produce ivory or horn of killed elephant or rhinoceros Duty to produce imported ivory or rhinoceros horn Registration of ivory and rhinoceros horn ) J , I I ) t · 1. ... a• I r ., or is satisfied that the ivory or rhinoceros horn is lawful property, under this Act, of the person who killed the animal from which it was procured, or is the lawful property of, and has, eighty-nin e, of section subject to the regulations made under subsection been lawfully imported by, the person who produced the same, as the case may be, the wildlife police officer shall cause it to be weighed, marked and registered in the manner prescribed and shall then return it to the person who produced it for such purpose and shall issue to the person a certificate of ownership in the prescribed form, in respect of it. (1) · 120 No. 12 of 1998] Zambia Wildlife (2) If, after such inquiry as is referred to in subsection (1), the wildlife police officer or other person to whom the ivory or ninety rhinoceros horn is produced under section four nin ety-thre e or \ I l \· Transfer of ivory or rhinoceros horn before registration prohibited Transfer of ownership of ivory or rhinoceros horn Government trophies Possession of Govern ment trophy to be reported is not satisfied that the ivory or rhinoceros horn is the lawful property of the person who produced it, or that it was lawfully imported, as the case may be, he may retain the ivory or rhinoceros horn pending, and for the purposes of, any proceedings which may be instituted in respect of it under this Act: Provided that if any proceedings are not instituted within three months.after the date of production of the ivory or rhinoceros horn, the wildlife police officer or other person, as the case may be, shall weigh, mark and register the ivory or rhinoceros horn, and shall return it to the person who produced it together with a certificate of ownership in respect of it as provided by subsection (1). (3) No person shall be entitled to compensation of any kind in respect of the retention of any ivory or rhinoceros horn under subsection (2). - 96
A person commits an offence if they transfer or obtain ivory or rhinoceros horn before it has been weighed, marked, and registered.
96. Any person who, by way of gift, sale, purchase or other wise, transfers or obtains any ivory or rhinoceros horn before it has been weighed, marked and registered under section shall be guilty of an offence. nin ety-fiv e nin ety-two - 97
For transfers of ivory or rhinoceros horn, both the transferor and transferee must endorse a transaction memorandum on the certificate of ownership and sign it.
97. ( I ) The provisions of section shall apply to any transfer of ownership of ivory, or rhinoceros horn, and in lieu of the endorsement required nnder subsection (2) of that section, both the transferor and the transferee shall endorse upon the certificate of ownership in respect of the ivory or rhinoceros horn, as the case may be, a memorandum of transaction of transfer of ownership bearing the date of the transaction, and both parties shall sign their names at the foot of the endorsed memorandum.· (2) Any person who fails to comply with subsection (1) shall be - 1 Verify source ↗
Composition of Authority
A trophy remains a Government trophy unless absolute ownership has passed to some person under section 3 or another provision of the Act.
1.'r- l Any trophy to which absolute ownership has not passed to or under any other provision of this any person under section Act, shall be a Government trophy for the purposes of this Act. thre e, - 99 Verify source ↗
100
A person who gets possession of a Government trophy must report it promptly to the nearest wildlife police officer or another person named in writing by the Director-General, and may have to hand it over within 48 hours of notice.
99. ( 1) Any person who obtains possession of any Government trophy shall, as soon as practicable after obtaining possession of it, make a report of the person's possession of the trophy to the nearest wildlife police officer or such other person as may be nominated in writing in that regard by the Director-General, and shall, if so ·required, deliver up; within forty-eight hours of such notice, the Government trophy to the wildlffe police officer or other person, as the case may be. fNo. 12 ot 1,,11 J..I.) Zambia Wildlife [No. 12 of 1998 121 1 (2) Any person who fails to comply with subsection (1) shall be guilty of an offence. - 100 Verify source ↗
Duty to produce imported ivory or rhinoceros horn
A person who lawfully possesses, buys, sells, transfers, or deals in a Government trophy commits an offence.
100. (I) Any person unwho lawfully possesses or who purports to buy, sell orotherwise transferor deal in any Government trophy shall be guilty of an offence. (2) For the purposes of this section, possession of any trophy by any person without a certificate of ownership in respect of the trophy shall be primafacie evidence of the trophy being a Govern ment trophy and of the unlawful possession of it by the person. PART XI SALE AND TRANSFER OF WILDLIFE ANIMALS AND OF MEAT OF WILDLIFE ANIMALS
Part
PART XI
- 101 Verify source ↗
Prohibited dealings in live wild animals
A person must not possess, buy, or sell live game, protected animals, or their meat, and must not even intend to do so if found in suspicious circumstances, unless the Director-General gives written permission or the Act otherwise allows it.
101. Except with the written permission of the Director General or as is otherwise provided by this Act, any person who possesses, buys or sells any live game or protected animal or ineat thereof. or who is found in circumstances showing that it is that person's intention to buy or £ell, any live wild game or protected animal or meat shall be guilty of an offence. - 102 Verify source ↗
Certificate of ownership of game animal or, protected
The Director-General may issue or revoke certificates of ownership for game animals, protected animals, or their meat, and must notify the licensee in writing if a certificate is revoked.
102. ( I ) The Director-General may, in the form prescribed, issue to any person who is in lawful possession of any game animal or protected animal or who intends to sell any meat of a game animal or protected animal a certificate of ownership of the game animal or protected animal, or of the meat, as the case may be. (2) Where the Director-General is satisfied that a certificate of ownership issued under subsection ( I) has been issued through error or through the misrepresentation or fraud of any person, the Director-General may revoke the certificate. (3) Upon the revocation ofa certificate under subsection (2), the Director-General shall notify the licensee in writing of the revocation and the per.;on to whom that certificate of ownernhip was issued shall cause the certificate to be returned to the Director-General for cancellation. (4) Any person who fails to comply with subsection (3) shall be guilty of an offence. - 103 Verify source ↗
Power of Minister to regulate trade or movement of meat of
The Minister may, on the Authority’s advice, regulate or restrict trade and movement of certain animal products by statutory instrument, and regulations can create offences with penalties.
103. (1) The Minister may, on the advice of the Authority, by statutory instrument- ( a) control or make subject to any condition the trade in live or game animal or protected animal or the trade in carcases, meat and skins of such animals; (b) prohibit, limit, control or make subject to any condition, the movement of the meat of any game animal or protected animal from any specified area for any period of time expressed in the order, or may by like order Unlawful possession of, or dealing in, Government trophies Prohibited dealings in live wild animals Certificate of ownership of game animal or protected animal or of meat thereof Power of Minister to regulate trade or movement of meat of game or protected animals -\ I �i ,'I I I I .J I 122 No. 12 of 1998] Z,ambia Wildlife Sale of game animal or protected animal or of meat thereof exclude,inrespectof any specifiedarea, themeatofanygame aruma1 or protected animal., specified in the order, from the provisions of this Part or of any provision of the order. (2) Any condition imposed by theMinisterunder subsection (1) may be applicable generally throughout the Republic or may be applicable to the meat of all game animals or protected animals or to all persons, or it may be limited to such specified areas, or to the meat of such specified game animal or protected animal or to such specified classes of persons, as the Minister may on the advice of the Authority determiJ?e, (3) Any statutory instrument made under subsection (1) may provide that for any contravention of the Regulations a person shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding two years or to both. - 104 Verify source ↗
Sale of game animal or protected animal or of meat thereof
People selling game animals, protected animals, or their meat must have a certificate of ownership at the time of sale, and sellers must endorse and give the certificate or note to the buyer before or when delivery happens.
104. (1) Any person who sells any game animal or protected animaJ or any meat of a game animal or protected animal shall, at the time of the sale, be in actual possession of a certificate of ownership issued in respect of the game or protected animal or of the meat of a game animal of protected animal as the case may be. (2) Except as may be otherwise prescribed, every seller shall, upon the sale of any game animal or protected animal or of any meat of a game animal or protected animal, endorse upon the certificate of ownership issued in respect of the game animal or protected animal, or of the meat of a game animal or protected animal, such details of the authority to sell the animal as may be prescribed, and the seller shall deliver up to the buyer the endorsed certificate of ownership, or a note of such certificate and endorsement, in the prescribed form, before or at the time of the delivery of the game animal or protected animal, or of the meat of a game animal or protected animal, as the case may be. (3) If the seller has not previously delivered to the buyer the endorsed certificate of ownership of any game animal or protected animal or of any meat of a game animal or protected animal, as the case may be, or the prescribed note of such certificate and endorse ment as required under subsection (2), the buyer shall, at the time of delivery of the game animal or protected animal or the meat of a gafne animal or protected animal, under the sale, obtain from the seller the duly endorsed certificate of ownership or other prescribed note of such certificate and endorsement: Provided that this subsection shall not apply to a buyer from aulhoriS'ld commercial outlets. (4) Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence. Zambia Wildlife [No. 12 or 1,,is 1.�:, PART XII IMPORT AND EXPORT OF WILD ANIMALS, MEAT AND TROPHIES
Part
PART XII
- 105 Verify source ↗
106. Permits to import wild animals, meat or trophies
A person must not import a wild animal, its meat, or a trophy unless they have a valid import permit under section 106.
105. Any person who imports any wild animal or any meat of any wild animal or of any trophy, except in accordance With a valid shall be import permit issued under section guilty of an offence. _one hundred and six - 106 Verify source ↗
Permits to import wild animals, meat or trophies
The Director-General may issue permits to import wild animals, wild animal meat, and trophies other than ivory or rhinoceros horn, and may issue permits for ivory or rhinoceros horn only with Authority approval.
106. (!) The Director-General may issue to any person a permit in the form prescribed, to import any wild animal or the meat of any wild animal or any trophy, other than ivory or rhinoceros horn, which permit may be subject to any conditions which the Director General may impose and shall be valid for such time as is specified in the permit. (2) The Director-General may, with the approval of the Author ity, issue to any person a permit, in the form prescribed, to import any ivory or rhinoceros horn, which permit may be subject to any conditions which the Authority may impose and shall be valid for such time as is specified in the permit. (3) Any permit issued under this section shall not be in substi tution of any permit or authority to import any wild animal or meat, or any trophy, or ivory orrhinoceros horn, required by or under any other written law; nor shall any such permit be deemed to relieve any person from any restriction on or prohibition of the import of any wild animal, meat, trophy, ivory or rhinoceros horn imposed by or under this Act or any other written law. - 107 Verify source ↗
Restriction on import of wild animals, meat or trophies
Importing or trying to import wild animals, their meat, or trophies is an offence unless the import is through a customs port, the importer shows proof of lawful export from the country of origin, and the importer has a valid permit under section 106.
107. (I) Any person who imports or who attempts to import any wild animal or meat of any wild animal or any trophy except- ( a/ (. ( c) ( b) through a customs port of entry; where the person produced to the customs officer satisfac tory evidence that such wild animal, meat or trophy has been lawfully exported from the country of origin; and where the person produced to the customs officer a valid one permit to import the same issued under section hundred and six; ' •, :, I ' 1 1 I I : I · I I i! ' I I ' I I I l I .1 : I ' I I I Importation of wild animals, etc., without permit prohibited Permits to import wild animals, meat or -trophies Restriction on import of wild animals, meat or trophies shall be guilty of an offence. (2) Any person who imports through a customs portofentry any wild animal, meat of any such animal, or any trophy, but who, atthe time of such import, is unable to adduce the evidence required under paragraph (b) of subsection ()..) or has no! in his possV!lsion Ilk j J 124 No. 12 of 1998] - 7 Verify source ↗
Functions of community resources board
Imported wild animals, meat, or trophies may be detained for up to three months while proof of the permit is produced, and the importer pays detention costs.
7.ambia Wildlife import permit required to be produced under paragraph ( c) of subsection (I) shall be given three months during which to produce the evidence of the permit, as the case may be, during which time the customs officer shall detain the wild animal, meat, or trophy, as the case may be: Provided that the expenditure incurred on account of the deten tion of the animal, meat or trophy shall be borne by the person importing the animal, meat or,trophy and shall be recoverable from such person as a civil debt to the Authority. (3) If the country from which any wild animal, meat of any animal or trophy is exported is not the country;if origin, it shall be sufficient for the purposes of paragraph ( b) of subsection (I) if there is produced to the customs officer documentary evidence that the animal, meat or trophy was lawfully exported from the country of export. (4) Upon conviction, of any person-of an offence under this section, the court may, at the request of the prosecution and in addition to any other ,1;enalty imposed, declare any wild animal, meat or trophy so imp,6rted, or so attempted to be imported, to be forfeited or order it to be destroyed, without compensation, or may both declare itto be forfeited and order it to be so destroyed, without compensation. (5) Any wild animal, meat, or trophy declared to be forfeited under subsection (4), but not ordered to be destroyed, may be disposed of as the Director-General may direct. - 108 Verify source ↗
Certificates of ownership of_ imported prescribed trophies
Anyone who imports a prescribed trophy must apply to the Director-General for a certificate of ownership within one month of import.
108. Subject to the provisions of sections ninety-three and ninetyjourin respect of the import and registration, respectively, of ivory and rhinoceros horn, any person who imports any prescribed trophy shall, within one month after, the date of the import of the prescribed trophy, apply to the Director-General for a certificate of ownership in respect of the prescribed trophy under section ninety. - 109 Verify source ↗
Export of wild animals, etc, without permit prohibited
A person must not export a wild animal, meat from it, or a trophy unless they have a valid export permit under section 110.
109. Any person who exports any wild animal or any meat of such animal or any trophy except in accordance with a valid export permit issued under section one hundred and ten shall be guilty of an offence. - 110 Verify source ↗
Permits to export wild animals, meat or trophies
The Director-General, the Authority, and sometimes the Minister, may issue export permits for specified wild animals, meat, trophies, ivory, and rhinoceros horn, subject to conditions and stated validity periods.
110. (I) The Director-General may issue to any person a per mit, in the form prescribed, to export the meat of any wild animal or .any trophy, other than ivory or rhinoceros horn, which permit may be subject to any conditions which the Authority may impose and shall be valid for such time as is specified in the permit. Certificates ofownership of imported prescribed trophies Export of wild animals, etc., without permit prohibited Permits lo export wild animals, meat or trophies I L Z.ambia Wildlife [No. 12 of 1998 125 (2) The Authority may, with the approval of the Minister, issue to any person a permit, in the prescribed form, to export any ivory or rhinoceros horn or any game protected animal, which permit may be subject to any conditions which the Authority may impose and shall be valid for such time as is specified in the permit. (3) The Director-General may, with the approyal of the Author ity, issue to any person a permit in the prescribed form to export any wild animal other than a protected animal, which permit may be subject to any conditions which the Director-General may impose and shall be valid for such period as specified in the permit. (4) Any permit issued under this section shall not be in substi tution of any permit or authority to export any such wild animal, meat, trophy or ivory or rhinoceros horn, required by or under any other written law; nor shall any such permit be deemed to relieve any person from any restriction on, or prohibition of, the export of any such wild animal, meat, trophy, or ivory or rhinoceros horn, imposed by or under this Act or any other written law. - 111 Verify source ↗
Section 111
Exports of listed wildlife products must go through a customs port and follow the export permit conditions; the permit must be shown to customs, and missing permits can lead to detention.
111. ( I ) Any person who exports or attempts to export any wild animal, meat of any wild animal or any trophy, ivory or rhinoceros horn except-( a) (b) through a customs port of entry; and under and in accordance with the conditions of an export permit issued in respect of the animal, bird, meat or trophy, ivory or rhinoceros horn under section one hundred and ten; shall be guilty of an offence. (2) Any person who exports or attempts to export any wild animal, meat of any wild animal, or any trophy, ivory or rhinoceros horn, shall produce to the customs officer for inspection the export permit issued in respect thereof under section one hundred and ten: Provided that if that person is not in possession. of the export permit in respect thereof at the time of the export or attempted export, the person shall be given three months within which to produce the same, during which time the customs officer shall detain the wild animal, meat, trophy, ivory or rhinoceros horn, as the case may be. (3) The expenditure incurred on account of the detention of the wild animal, meat, trophy, ivory or rhinoceros horn, shall be borne by the person exporting the wild animal, meat, trophy, ivory or rhinoceros horn and shall be recoverable from such person as a civil debt to the Authority. Restriction on export of wild animals, meat or trophy / ' , i , , ·, I ' I :I 126 No. 12 of 1998] Zambia Wildlife Wild animals, meat and trophies in transit Implerrienta tion of international treaties Right to enter land I ·'=.l - 112 Verify source ↗
Wild animals, meat and trophies in transit
This section says the Part does not apply to certain wildlife items in transit through Zambia if customs-document or certificate conditions are met.
112. (1) This Part shall not apply to any wild animal or meat of any wild animal, trophy, ivory or rhinoceros horn- a) / (b) in transit through Zambia, i(the wild animal, meat of any wild animal, trophy, ivory or rhinoceros horn is accom panied by the necessary transit customs documents issued in the country of origin or of export of the wild animal, meat, trophy, ivory or rhinoceros horn and is ,mtered through a customs port of entry; or accompanied by any person who is in possession of, and surrenders to a customs officer, a certificate, issued by the country of origin or of export of the wild animal, meat of any wild animal, trophy, ivory or rhinoceros horn, stating tha, the person is lawfully authorised to export the wild animal meat, trophy, ivory or rhinoceros horn and the person satisfies the customs officer- (i) that the certificate was issued to that person; and (ii) that the person is exporting the wild animal meat, trophy, ivory or rhinoceros horn, as the case may be, from the country of origin or export. (2) Any person who contravenes or fails to comply with para- (a) (b) graphs - 113 Verify source ↗
Implementation of international treaties
The Minister may, after advice and consultation, regulate imports, exports, and re-exports of game or protected animals by statutory instrument.
113. or of subsection (1) shall be guilty of an offence. . Nowithstanding the other provisions of this Act, the . Minister may on the advice of the Authority and in consultation with the Minister responsible for trade and industry and the Minister resposible for veterinary"services, by statutory instrument, regulate the import, export or re-export of any game or protected animal and such regulations may incorporate the requirements of the Conven . tion on I nternational Trade on Endangered Species and the Lusaka , Agreement on Cooperative Enforcement Directed at lllegal Trade in Wild _Fauna and Flora. I ;-,. '.r PART XIII ENFORCEMENT PROVISIONS �\
Part
PART XIII
- 114 Verify source ↗
Right to enter land
Certain wildlife officers may enter land or conveyances with a warrant for Act-related purposes or to prevent or detect offences; private dwelling houses need the occupier or another adult family member present.
114. (1) Any proper officer, village scout or any honorary wildlife police officer duly authorised in writing by the Director General to act under this section, may with a warrant, enterupon any land, .building, tent, vehicle, aircraft, boat or other conveyance for the purposes of carrying out the provisions of this Act, or for the purpose of preventing or detecting any offence under this Act: Provided that no private dwelling house shall be entered pursuant to this section except in the presence of the occupier or of a person over the apparent age of sixteen years who resides therein as a member of the.occup/er' s family. r· I 1: Zambia Wildlife [No. 12 of 1998 127 Cap. 88 Right to search Cap. 1 1 1 (2) In this part " warrant " has the meaning assigned to it in the - 115 Verify source ↗
Right to search
Authorized wildlife officers may search and seize items with a warrant, must give a receipt for seized items, and the Director-General must return them within 10 days if no prosecution is brought or after prosecution ends, unless forfeiture or destruction has been ordered.
115. Criminal Procedure Code. ( I ) If any proper officer, village scout or honorary wildlife police officer duly authorised in writing by the Director-General has reasonable grounds for believing that any person has committed or is committing or is about to commit an offence under this Act, or thinks it necessary for the purpose of verifying any licence or permit purported to have been issued to any person under this Act, or under the Firearms Act, the officer may, with a warrant, inspect and search any person or any building, tent or any baggage, package, wagon, caravan, vehicle, boat or aircraft in the possession or under ;the control of that person. (2) If the proper officer or honorary wildlife police officer in accordance with subsection (I) finds any game animal or protected animal, meat of any game animal or protected animal, meat of any gafne animal or protected animal, trophy, vegetation, firearm, spear, bow, arrow or other weapon or any explosive, net, snare, trap or poison, which appears to have been used, or about to be used, in contravention of this Act, or if the officer finds any .other article which appears to have been used, or about to be used in contraven tion of this Act, such game animal or protected animal, trophy, meat, vegetation, firearm, spear, bow, arrow, or other weapon, or such other article, may be seized and detained by the officer or honorary wildlife police officer on behalf of the Director-General. (3) Any proper officer or honorary wildlife polie officer who seizes and detains anything, weapon or article under subsection (2) shall give to the person from whom such thing, weapon or article was seized a receipt in the prescribed form signed by the proper officer pr honorary wildlife police officer, as the case may be. ( 4) In the event of- ( a) the Director-General being advised in writing· by the Director of Public Prosecutions that no prosecution consequent upon any search and seizure made under subsections (I) and (2), respectively, should be insti tuted; or (b) any prosecution having been finally concluded; then, in either event, anything, weapon or article so seized and detained under subsection (2) shall be returned to the owner or to the person from whose custody it was taken, and shall be so returned within ten days from the date of the receipt by the Director-General of the advice that no prosecution should be instituted or from the date any prosecution has been finally concluded, as the case may be: Provided that anything, weapon or article shall not be returned under this subsection if ·it has been declared by the court to be written law. forfeited, or ordered to be destroyed, under this Act, or any other i I I 128 No. 12 of 1998] Zambia Wildlife Power to arrest ' ' - 116 Verify source ↗
Power to arrest
Certain wildlife officers may demand a suspect’s name and address and arrest without warrant in specified circumstances; arrested persons must be brought before a court promptly.
116. (1) When any person is found committing any offence or is reasonably suspected of having committed an offence under this Act, any proper officer, village scout or honorary wildlife police officer may demand the person's name and address, and if that person refuses to furnish such information, or fails to furnish such information to the satisfaction of the proper officer, village scout or honorary wildlife police officer or if the proper officer, village scout or honorary wildlife police officer has reasonable grounds for believing that unless arrested the person will escape or cause an unreasonable amount of delay, trouble or expense in being made answerable to justice, that officer may arrest such person without warrant and keep that person in cusiody. (2) Subject to subsection (3) any person arrested under subsec tion (I) shall be taken as soon as practicable before a court, and shall not be detained for longer than is reasonably necessary for that purpose. (3) Where any person is arrested under subsection (I), a wildlife police officer-in-charge of a wildlife police outpost to which the person is brought may, in any case, and shall, if it does not appear practicable to bring that person before a court within twenty-four hours after he was so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person, on his executing a bond, with or without sureties, for a reasonable amount, to appear before a competent court at a time and place to be named in the bond; but, where any person is retained in custody, he shall be brought before a court as soon as practicable. ------ (4) Notwithstanding anything contained in this section an offi cer-in-charge of a wildlife police outpost may release a person arrested under subsection (!) when, after the wildlife police inquir ies under subsection (3), insufficient evidence is, in the opinion of \ the officer-in-charge, disclosed on which to proceed with the -.; I ( ' General powers and duties of wildlife police o,fficers , I charge. - 117 Verify source ↗
(1) Every wildlife police officer, village scout or honorary
Wildlife police officers, village scouts, and honorary wildlife police officers must perform their statutory powers and duties, obey lawful directions from a superior officer, and carry out specified enforcement and intelligence tasks.
117. (1) Every wildlife police officer, village scout or honorary wildlife police officer shall exercise such powers and perform such .duties as may be conferred or imposed upon a wildlife police officer, village scout or honorary wildlife police officer under this , Act, and shall obey_al! lawful directions in respect of the execution of the office which the officer may from time to time receive from a wildliff polic\) officer superior in rank to that officer. 1 (2) Evtiry wildlife police Jfficer shall be deemed to be on duty at all times and may at any time be detailed for duty in any part of Zambia. :I ·1 -j ,{ i. ' . J .-,T . .. ,.., _ � -.l'AO 1 -, -. Zambia Wildlife / [No. 12 of 1998 129 (3) It shall be the duty of every wildlife police officer, village scout or honorary wildlife police officer· promptly to obey and execute all orders and warrants lawfully issued by an officer superior to that officer, to collect and communicate intelligence affecting the conservation of wildlife, to prevent the commission of offences under this Act, to detect and bring offenders to justice, and to apprehend all persons whom the officer or village scout is legally authorised to apprehend and for whose apprehension reasonable grounds exist. - 118 Verify source ↗
Immunity of proper officer, village scout and honorary
Certain officers are not liable for damages or other liability when acting or omitting to act in good faith while exercising their duties and powers under this Act.
118. A proper officer, village scout or honorary wildlife police officer shall not be held liable for damages or otherwise for any act done or omitted to be done in good faith in the exercise of the duties and powers of the officer or village scout under this Act. - 119 Verify source ↗
Power to take photographs, measurements, finger prints,
A wildlife police officer may record measurements, photographs, fingerprints, hand prints, and footprints of a person in lawful custody, and must certify the form afterward.
119. (I) Any wildlife police officer may, on the prescribed form, take or cause to be taken in the presence of that officer, for the purpose of record and identification, the measurements, photo graphs, fingerprints, hand prints and footprints of any person in lawful custody. (2) A wildlife police officer acting in accordance with subsec tion ( 1) shall certify on the form prescribed that the fingerprints have been taken by the officer, or that the officer has caused them to be taken in the presence of that officer, in acrodance with the directions contained on the form, and that the particulars entered on the form are, to the best of the officer's knowledge and belief, accurate and true. one hundred and · (3) For the purposes of this section " person in lawful custody " sixte en. means any person taken into custody under section - 120 Verify source ↗
Traffic barriers and cordons
Wildlife police officers of the right rank may set up barriers or cordons to prevent and detect wildlife offences, and drivers and others must not ignore or break through them.
120. ( 1) Notwithstanding the provisions of any other law, if any wildlife police officer of or above the rank of Senior Wildlife Ranger or equivalent rank considers it nece�sary so to do for the prevention and detection of an offence relating to wildlife, the officer may-(a) erector placeor causeto be erected or placed barriers in or across any street, or cause a cordon to be placed on or around any public place in such manner as the officer may think fit; or (b)causeacordontobeplacedinor acrossoraroundanypublicplace or private property in such manner as the officer may think fit, and for that purpose it shall be lawful for the wildlife police officer forming the cordon, without the consent of any person, to enter any property and do any act or thing necessary for the effective formation of the cordon. Immunity of proper officer, village scout and honorary wildlife police officers Power to take photographs, measure ments, finger prints, etc. Traffic barriers and cordons \ \ 130 No:12 of 1998] Z.ambia Wildlife (2) Where a barrier has been erected or placed or a cordon formed under subsection (1) any wildlife police officer may take all reasonable steps to prevent any person passing or any vehicle being driven past the barrier or cordon. (3) The driver of any vehicle who fails to comply with any reasonable signal of a wildlife police officer requiring such driver to stop the vehicle before reaching any barrier erected or placed or cordon formed under subsection (I), shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units, or to imprisonment for a period not exceed ing twelve months, or to both. ( 4) Any person who breaks through or attempts to break through any barrier erected or placed or cordon formed, under subsection (1) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. - 121 Verify source ↗
Power to use firearms
Certain wildlife officers and village scouts may use issued firearms only in specified escape, rescue, or arrest situations, and only with limits.
121. ( 1) A wildlife police officer, honorary wildlife police officer or village scout may subject to subsections (2) and (3), use any firearm which has been issued to the officer against any person- ( a) in lawful custody charged with or convicted of an offence under this Act when that person is escaping or attempt ing to escape; (b) who by force rescues or attempts to rescue any other person (c) from lawful custody; or who by force prevents or attempts to prevent the lawful arrest of the person or of �y other person: Provided that a wildlife police officer, honorary wildlife police ,_,. Power to use fireanns / officer or village scout shall not use a firearm- a) (i) as authorised under paragraph ( unless the wildlife police officer, honorary wildlife police· officer or village scout has reasonable grounds to believe that the officer or village scout cannot otherwise prevent the escape and unless he shall give a warning to the person that he is about to use a firearm against the person and the warning is unheeded; (b) c) (ii) or ( as authorised under paragraph unless the wildlife police officer or village scout has reasonable ground to believe that, the officer or village ·scout or any other person is in danger of grievous bodily harm and that the officer or village scout cannot otherwise effect the arrest or prevent the r�scue. ,_ Zambia Wildlife [No. 12 of 1998 131 -L I (2) A wildlife police officer, honorary wildlife police officer or village scout shall not, in the presence of a superior officer, use a firearm against any person except under the orders of that superior officer. (3) The use of firearms under this section shall as far as possible be to incapacitate and not to kill. (4) The authority vested in a wildlife police officer by subsec tion (I) shall be in addition to and not in substitution for any authority, to use firearms vested in a wildlife police officer by any other written law. - 122 Verify source ↗
Documents to be produced on request
On request, the holder must produce any licence, permit, authority, certificate, or other document issued under the Act for inspection.
122. (!) Any licence, permit, authority, certificate or other document issued under this Act shall upon request be produced by the holder for inspection by any proper officer, village scout or honorary wildlife police officer or any other person duly authorised, in writing, by the Director-General. (2) Any person who fails to comply with any request made under subsection (I) shall be guilty of an offence.'' ,' , , ' l ' - 123 Verify source ↗
Compliance with Firearms Act
This provision says nothing in the Act exempts any person from complying with the Firearms Act.
123. .. ance .with the Firearms, Act. . . - . _, . · Nothii,g in this Act shall e:,xempt any person from compli- • ' · - 124 Verify source ↗
Prosecutions by officers of Authority
The Director of Public Prosecutions may appoint Authority officers to prosecute offences under the Act, and may cancel such appointments. Appointed officers must follow the Director’s instructions and have public prosecutor powers for those prosecutions.
124 . . (1) ,'.\�tlwrity. The Director .of Public. Prosecutions may, at the re �r D�ectpr�.G,nera\,, {n writi;ig, appoint by q�e;t of. the name or rank any officer or class of of�cer .. of th.\' ,Auth9ri'ty to undertake and prosecute criminal proceedings in respect of any off�n'ce alleged to have beeri committed by any person in contraven ing any reason, tion of this Act, and may at any time, without assi cancel any such appointment. cir 'prosecuting any· proceedings under sub section ( !), the officer of the Authority shall act in accordance with the 'general or special instructions of the Diredor of Public Prosecu tions, and shall for the purpose of any such· prosecution have the powers of a public prosecutor appointed underany'law for the time being in force. (2) In underthl<'ing • · .. gn Documents to be produced on request Compliance with Firearms Act Cap. 1 1 0 Prosecutions by officers of Authority PART XIV OFFENCES, PENALTIES AND FORFEITURES
Part
PART XIV
- 125 Verify source ↗
Prohibition of bush or grass fires in National Parks, Game
A person must not cause a bush or grass fire inside a National Park, Game Management Area, bird sanctuary, or wildlife sanctuary unless authorised in writing by the Director-General.
125. Any person, other than a person authorised in writing by the Director-General, who causes any bush or grass fire within the confines of any National· Park, Game Management Area, bird sanctuary or wildlife sanctuary shall be· guilty of an offence. Prohibition of bush or grass fires in National Parks, Game Management Areas and sanctuaries 132 No. 12 of 1998] ?.ambia Wildlife Prohibitions - 126 Verify source ↗
Prohibitions
A person must not obstruct certain officers, refuse requested information, or knowingly/recklessly give false or misleading particulars.
126. 7 (1) Any person who- ( a) (b) ( c) obstructs any proper officer, village scout or any honorary wildlife police officer or any duly appointed person in the lawful exercise of any powers conferred by or under this Act; refuses to furnish to any proper officer, village scout or honorary wildlife police officer or any duly appointed person, on request, any particulars or information to which the proper officer, village scout, honorary wild life police officer or duly appointed person is entitled by or under this Act; or wilfully or recklessly gives to any proper officer, village scout, honorary wildlife police officer or duly appointed person, any false or misleading particulars to which the proper officer, honorary wildlife police offi cer or duly appointed person is entitled by or under this Act; shall be guilty of an offence. (2) For the purposes of this section, the expression " duly appointed person " means any person to whom duties in connection with the administration of this Act have been delegated by the Authority or Director-General, as the case may be, under this Act. - 127 Verify source ↗
Failnre to keep registers or to fnmish returns, an offence
A person who is required to keep a register, provide returns or information, or surrender a licence or permit to the Director-General commits an offence if they fail to do so.
127. (1) Any person, being a person required by or under this Act to keep any register or to furnish any return or information to the Director-General, who- ( a) fails to keep such register or to furnish such return or (b) information as required; ( c) fails to make any entry in such register or to furnish such return or information within the time prescribed; or with intent to mislead, makes any entry in such register or furnishes any return or information which is false in a material particular; shall be guilty of an offence. (2) Any person required to surrender a licence or permit under this Act to the Director-General, who fails to surrender such licence or permit shall be guilty of an offence. - 128 Verify source ↗
Prohibition of alteration, defacement or removal of official
A person must not, without lawful authority, alter, deface, or remove official registers, records, or entries in them.
128.'. i\ny person who, without lawful authority, alters, defaces or.removes-( a) any register, index or other official record maintained under this Act or of any order, requirement, regulation or rule made thereunder; or· Failure to keep registers or to furnish returns, an offence Prohibition of alteration, defacement or removal of official records \r '-· __ , ' l ., 7,.....,.1,,.;,,. WiUlifP fNo. 12 of 1998 135 Zambia Wildlife [No. 12 of 1998 133 (b) any entry appearing in any such register, index or other official record; shall be guilty of an offence. - 129 Verify source ↗
Prohibition of alteration or defacementofprescribeddocu
A person must not, without lawful authority, alter, forge, utter, fabricate, or deface specified documents under the Act.
129. Any person who, without lawful authority, alters, forges, utters, fabricates or defaces any licence, permit, authority, certifi- cate, register, return, record or other document, prescribed, issued, furnished or kept under this Act, shall be guilty of an offence. - 130 Verify source ↗
Secrecy
People covered by this section must not disclose protected information without lawful authority, and doing so can lead to a fine or up to two years in prison.
130. ( a) (b) Any person who-- being a person employed for the purposes of this Act, publishes or communicates, without lawful authority, to any other person any information acquired by that per- son in the course of that person's employment; or being in possession of any information which, to his knowledge, had been disclosed in contravention of this Act, publishes or communicates that information to any other person; shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twenty thousand penalty units or to a term of imprisonment not exceeding two years, or to both. - 131 Verify source ↗
Section 131
A person convicted of an offence under this Act is liable, unless otherwise expressly provided, to a penalty that depends on whether it is a first offence or a later offence.
131. Except where otherwise expressly provided in this Act, any person who is convicted of an offence under this Act shall be liable upon conviction- ( a) for a first offence, to a fine of not less than five thousand penalty units but not exceeding fifty thousand penalty units or a term of imprisonment not exceeding seven years, or to both; ( b) for a second or subsequent offence, to a fine of not less than ten thousand penalty units or to a term of imprisonment not exceeding ten years, or to both. - 132 Verify source ↗
Payment _of fine without appearing in court
A person may admit guilt and pay up to 300 penalty units instead of appearing in court, if the officer has reasonable grounds to think the court would fine the person that amount or less.
132. ( I ) Where in respect of an offence under this Act- (a) any person has been arrested by a proper officer or honorary wildlife police officer, or informed by a proper officer or honorary wildlifa police officer that there is intention to institute criminal proceedings against that person's for a particular offence; and a proper officer or honorary wildlife police officer has reasonable grounds to believe that the court which shall (b) Prohibition of alteration or deface� ment of prescribed documents or records Secrecy General penalty Payment of fine without appearing in court I , , . ! I , 1 1 : 134 No. 12 of 1998] 'Znmbia Wildlife for the offence try the person·referred to in paragraph ( shall, on conviction, impose a fine not exceeding three hundred penalty units; a) that person may sign and submit to the proper officer or honorary wildlife police officer a document admitting his guilt for the offence and pay to that officer such amount as that officerm�y determine but not exceeding three hundred penalty units. (2) The document referred to in subsection (IJ when signed and submitted under that subsection, shall forthwith be transferred to the clerk of the court before which such person would otherwise have been charged and tried and shall be entered into the records of , the court. (3) Any proper officer or honorary police officer who fails to remit the admission of guilt fines to the court, shall be guilty of an offence and shall be liable, upon conviction, to imprisonment for a term of not less than six months but not exceeding three years without the option of a fine. (1) Any person who is convicted of hunting, wounding, molesting or reducing into possession any elephant or rhinoceros in ·conviction- contravention of any provision of this Act shall be liable upon ( a) Penalty for offence involving elephant and rhinoceros - 133 Verify source ↗
Penalty for offence involving elephant and rhinoceros
An offender convicted under this provision faces imprisonment only, with no option of a fine, and the term increases for repeat offences.
133. . (: l , •. ·~ \ ' l. I I " for a first offence, to a term of imprisonment of not less than five years but not exceeding twenty years without the option of a fine; and (b) for a second or subsequent offence, to a term of imprison ment of not less than seven years but not exceeding twenty-five years without the option of a fine. ' ' . , · J' (2) If the court is satisfied that in the case of an offence referred to in subsection (1), that the offence was committed for the purpose of, or in connection with, illegal trafficking in ivory or rhfiioceros horn, the offender shall be liable, upon conviction- ( a) for a first offence, to'imprisonment for a term not less than seven years butnot exceeding twenty years without the option of a• fine; and (b) Penalty for · unlawful hunting in National Park , , , , - for a second or subsequent offence, whether or not the · previous offence involved illegal trafficking, to impris onment for a term not less than ten years but not exceeding twenty-five years without the option of a fine. - 134 Verify source ↗
Penalty for unla�ful hunting in National Parks
A person who hunts in a National Park contrary to the Act can be imprisoned on conviction; the prison term is longer for repeat offences.
134. Except as otherwise expressly provided in this Act, any person who is involved hunting within a National Park contrary to this Act, shall be liable upon conviction- ( a) for a first offence to imprisonment, without the option of a fine, for a term of not less than one year but not exceeding ten years without the option of a fine; Zambia Wildlife [No. 12 of 1998 135 ( b) for a second or subsequent offence to imprisonment, without the option of a fine, for a term ofnot less than two years but not exceeding fifteen years. - 135 Verify source ↗
Penalty for possessing, buying or selling meat or wild
People who possess, sell, buy, import, export, or try to do so with certain wild animal meat or trophies commit an offence and can be fined or imprisoned. Section 136 sets different imprisonment rules for protected animals and prescribed trophies.
135. Except as provided by section one hundred and thirty-six, any person who is in possession of, or is selling, buying, importing or exporting oris attempting to sell, buy, import or export, any meat of a wild animal or any trophy in contravention of this Act shall be guilty ofan offence and shall be liable, upon conviction, to a fine not exceeding seventy thousand penalty units or to imprisonment for a term not exceeding seven years, or to both. 136; (1) Except as otherwise provided in subsection (2) any person who is in possession of, or is selling, buying, importing or exporting, any protected animal or the meat or any trophy of a protected animal, in contravention of this Act, shall be guilty of an offence and shall be liable, upon conviction, to imprisonment without the option of a fine for a term not exceeding seven years. (2) Any person who is in possession of, or is selling, buying, importing or exporting any prescribed trophy in contravention of this Act shall be guilty of an offence and shall be liable upon conviction- ( a) for a first offence, to imprisonment, without the option of a fine, for a term of not less than five years but not exceeding ten years; and (b) for a second or subsequent offence, to imprisonment, without the option of a fine, for a term of not Jess than seven years but not exceeding fifteen years. - 137 Verify source ↗
Penalty for unlawful hunting or wounding, etc
A person convicted of an offence under Part VIII or Part IX may be fined up to 20,000 penalty units, imprisoned for up to six months, or both, unless another rule in the Act says otherwise.
137. Except as otherwise provided in this Act, any person who is convicted of an offence under Part VIII or Part IX shall be liable upon conviction to a fine not exceeding twenty thousand penalty units or to a term of imprisonment not exceeding siic"months, or to both. - 138 Verify source ↗
Destruction of game pits, etc, on conviction
If someone is convicted under the Act for a game pit or similar device used for unlawful hunting, the court must order it destroyed or obliterated.
138. Where any person is convicted of an offence under this Act in respect of any game-pit, pitfall, trench or similaf excavation, fence or enclosure, or other device fixed to the ground, which such person has made, used, or had in the possession of that person, for the purpose ofhunting in contravention of the provisions of this Act, the court shall, in addition to any other puni�h�ent, order such game-pit, pitfall, trench, excavation, fence, enc,losure or device t? be destroyed or obliterated in such manner as the court may specify', and any expenditure incurred on account of such . order shall be recoverable from such person as a civil debt to the Authority. Penalty for possessing, buying or selling meat or wild animal or trophy Penalty for possessing, buying or selling any protected animal or trophy of protected animal or prescribed trophy Penalty for unlawful hunting or wounding, etc Destruction of game pits, etc., on conviction .., 136 No. 12 of 1998] Zambia Wildlife Forfeiture provisions on convic• tion , ' C - 139 Verify source ↗
Forfeiture provisions on conviction
On conviction under this Act, the court may or must order forfeiture of listed property, and for certain vehicles or conveyances it must use a conditional order process with notice and claim procedures.
139. (1) Upon the conviction of any person of an offence under this Act, the court shall, at the request of the prosecution, in addition to any other penalty imposed, declare any wild animal, meat or any trophy, firearm or other weapon or any trap, net, poison, material or article, or, subject to subsection (2) to (8) inclusive, any vehicle, aircraft, boat or other conveyance with which the offence was committed, or which was used in, or for the purpose of, or in relation to, or in connection with, the commission of the offence, to be forfeited without compensation and shall order the same lb be disposed of as the Authority considers fit: hundred and thirty-three, one hundred and thirty-fouror one hundred and thirty-six subsection (2) of section applies, the court shall in every case, order the forfeiture of the wild animal, meat of the wild animal or any trophy or any firearm or any other weapon or any tent or dazzling light which was the subject of the offence or with which the offence was committed as the case may be, or which was used in or for the purposes of, or in relation to, or in connection with, the commission of the offence. Provided that in relation to an offence to which sections one (2) Where the prosecution requests a declaration of forfeiture under subsection (1) in respect of any vehicle, aircraft, boat or other conveyance, the court shall make an order (hereinafter referred to as a conditional order), to the effect that unless any person other than the convicted party claims, under this section, any right of owner ship in the vehicle, aircraft, boat or other conveyance within three months of the date referred to in subsection (5), the prosecution may apply to the court for a declaration for forfeiture under subsection (!), and the court shall make the declaration. ex parte (3) Upon the making of a conditionalorderunder subsection (2), the Director-General shall, within one month thereafter, cause to be published in the Gazette·and in at least one issue of a newspaper in general circulation in the place where the offence was c•lmmitted, a notice of the making of the order, which notice shall be in the form prescribed, or, if no such form is prescribed, in a form approved by the court. ( 4) If under any written law requiring the registration of the vehicle, aircraft, boat or other conveyance referred to in subsections (1) and (2), the vehicle, aircraft, boat or other convayance is registered in Zambia in the name of any person other than the person convicted, the Director-General shall, within seven days after cause a copy to be sent by publication cif the notice in the registered post in a sealed envelope addressed to the person at the address appearing on the register, and the certificate of registration of the letter shall be conclusive evidence of service of the notice upon such person. Gazette i t ' , I I l i J Zambia Wildlife [No. 12 of 1998 137 L, (5) Any person who claims any right of ownership in any vehicle, aircraft, boat or other conveyance may, within three months after the making of the conditional order referred to in subsection (2), serve upon the Director-General and lodge with the clerk of the court an application in writing for the discharge of the conditional order setting out the claim of ownership in the vehicle, aircraft, boat or other conveyance as the case may be; whereupon the clerk of the court shall fix a date, not less than one month after the lodgement of the application for a hearing and shall, within seven days after the lodgement, cause notice of the hearing of the application to be served upon the Director-General. (6) In any proceedings brought under subsection (5), the onus of proof shall be on the applicant and no order discharging the conditional order shall be made unless the applicant has adduced evidence and proved to the satisfaction of the court that the appli cant was not in any way privy to the offence and that the vehicle, aircraft, boat or other conveyance was, at the time of the commis sion of the offence, being used for such purpose without the knowledge or consent of the applicant and without any negligent disregard on the part of the applicant, of its use by the convicted person. 1 (7) Where, upon any application made under subsection (5), the court is satisfied that the vehicle, aircraft, boat or other conveyance, as the case may be, is owned jointly by the claimant and the convicted party, or is the subject-matter of a hire-purchase agree- ment between the claimant and the convicted, and the claimant has discharged the onus of proof prescribed by subsection (6), the court shall declare forfeited all of the estate or interest of the convicted person in and to the vehicle, aircraft, boat or other conveyance, as the case may be, or all of the rights therein accrued to him under the hire-purchase agreement or pursuant to the Hire Purchase Act and Cap. 399 order the estate, or interest or rights to be disposed of as the Authority may consider fit. (8) Except with the consent of the Authority, any right vested in any clamaint under any hire-purchase agreement or pursuant to the Hire Purchase Act to reposes any vehicle, aircraft, boat or other Cap. 399 conveyance which is subject to a conditional order made under subsection (2), shall be suspended pending the determination of any application brought under subsection (5), and in the event of the court declaring the rights therein accrued to the convicted party to be forfeited, the accrued right to repossess the vehicle,, aircraft or boat shall not be exercisable against the Government or the Authority. I I ' 138 No. 12 of 1998] Zambia Wildlife Disposal of animals and goods seized - 140 Verify source ↗
Disposal of animals and goods seized
The Director-General may ask the court to forfeit and dispose of certain seized items, and a person claiming ownership may lodge a claim within one month after notice is published.
140. (1) Where a trophy, fireann, or other weapon, trap, net, poison or instrument, or any vehicle, aircraft, boat, conveyance, material or article is seized under this Act, or any other written law, in relation to or in connection with the commission of any offence under this Act, and- ( a) the person suspected of having committed the offence is unknown; (b) (c) the person suspected of having committed the offence cannot be found for the purpose of service of the process of the court charging that person with the offence; or having been served with such process, the person sus pected of having committed the offence fails to appear in answer to the charge; ex parte, the Director-General may, one month after publication of a notice of intention to apply for a court order for forfeiture in one issue of a newspaper of general circulation in the district in which the offence is alleged to have been committed, apply by way of original application, to the court for an order declaring the trophy, fireann or other weapon, trap, net, poison or instrument, or any vehicle, aircraft, boat, conveyance, material or article, as the case may be, to be forteited without compesation and ordering it to be disposed of as the Authority may consider fit. (2) If any person claims any right of ownership in any vehicle, aircraft, boat or other conveyance, to which a notice published under subsection ( 1) applies, the person may, within one month after the date of publication, lodge with the clerk of the court a notice of claim of ownership and serve a copy of the notice upon the Director-General, and the provisions of subsection (4) to (8) of section shall apply, with the necessary modifications, to the claim of ownership. one hundred and thirty-nin e ex-parte, (3) If any wild animal or meat of any wild animal is seized under this Act, or of any other written law, in relation to or in connection with the commission of any offence under this Act, or such other written law, the Director-General may apply to the court by way of original application, for an drder for the immediate disposal by sale or otherwise of the animal or meat, and the court may order the sale and in the event of a sale of the animal or meat the proceeds shall be held by the Director-General pending the determination of any proceedings brought in respect of the offence and shall be dealt with by the Director-General as the court may , direct or, if the person suspected of having commited the offence is _________________________ !..-· Zambia Wildlife [No. 12 of 1998 139 unknown or cannot be found for the purposes of service of the process of the court, subsection (I) shall apply with necessary modifications to the proceedings. - 141 Verify source ↗
Surrender of licence, permit or authority to Director
If a licensee or permit/authority holder is convicted under the Act, the court must order the licence, permit, or authority to be surrendered to the Director-General right away.
141. Where any licensee under any licence, or any holder of any permit or authority, issued under this Act, is convicted of any offence under this Act, the court shall, in addition to any penalty imposed, order the pers.on to surrender forthwith to the Director General the licence, permit or authority, as the case may be, to be dealt with by the Director-General in accordance with the appli cable relevant provisions of this Act. Surrender of licence, permit, or authoriLy to Director General on conviction - 142 Verify source ↗
Upon the payment ofa fine imposed under this Act for any
The Minister may prescribe by regulation what portion of a fine is paid to a community resources board’s general fund.
142. Upon the payment ofa fine imposed under this Act for any offence under this Act, there shall be paid into the general fund of a community resources board within whose area the offence was committed such portion of such fine as the Minister may on the advice of the Authority and after consultation with the Minister responsible for finance, by regulation prescribe. Portion of fine for offence payable to board PART XV FORMS AND REGULATIONS
Part
PART XV
- 143 Verify source ↗
Prescribed forms
The Minister may prescribe forms for use under the Act, but only on the advice of the Authority and by statutory instrument.
143. The Minister may, on the advice of the Authority, by statutory instrument, prescribe forms to be used for the purposes of this Act. Prescribed fonns - 144 Verify source ↗
Regulations
The Minister may make regulations under this section, after consulting the Authority, and may set penalties for breaches of those regulations.
144. (I) The Minister may, after consultation with the Author ity, by regulation, prescribe anything which may be prescribed under this Act and in respect of which no other prescribing authority is specifed, and may in like manner make regulations for he better carrying out of this Act. (2) Without prejudice to the generality of subsection (!), the regulations under that subsection may make provision for- Regulations ( a) returns to be furnished to the Authority orto the Director General by holders of professional hunter's licences, professional guide's licences, apprentice professional guide' s licences, hunting outfitters licences, photographic tour operators' licences or huntig permits issued under this Act or trophy dealer's permits and by any persons who import or export .any wild animals or meat of such animals, or any trophies; (b) fees payable upon application for authorities or permits where no other provision with respect to such fees is made under this Act; ' , ' ! L I. I· I a -, 140 No. 12 of 1998] Z,ambia Wildlife (c) the terms and conditions under which game or protected animals-may be hunted under any licence issued under Part VII, the numbers and sex ofeach species which may be so hunted, the times of the year in which any species of game or protected animal may be hunted either generaly or in any specified area, the type of weapons prohibited or permitted and such other matters in respect of hunting as he considers fit; (d) the hearing and determinatin of appeals to the Authority and the fees payable upon any appeal; (e) the control of entry into, passage through, and the regulation of the activities of persons within, any Game Management Area; (j) the control or prohibition of the settlement or residence of persons in any Game Management Area; (g) the permitting, controlling or prohibiting the burning, cutting, felling or removal of vegetation from a Game Management Area; (h) the controlling or prohibiting the hunting of game and protected animals or any species or variety or sex of game or protected animals in any Game Management Area or open area; (i) the terms and conditions under which game or protected animals may be hunted ·in any National Park, Game Management Area or open area under a permit issued in accordance with this Act; UJ the control, regulation or pro.hibition of land development or of mining within any National Park, Game Manage- ment Area; and the imposition of terms and conditions under which land development or mining may be under- taken in such areas; (k) the control of the sale or movement of any game or protected animal, meat ofany game or protected animal, or of any trophy, from any National Park, Game Man- agement Area, wildlife sanctuary or bird sanctuary; (l) the payment, in whole orin part, of any fees payable under this Act, to any board; ( m) the fees to be paid for anything to be done under this Act; ( n) the remission in special cases of any fees payable under this Act; ,. ' Zambia Wildlife [No. 12 of 1998 141 ( o) the prohibition, regulation or control of hunting of wild animals in or near any municipality, township, resi dence, farm buildings, villages orlodges, factory, quarry or mine or upon, over or near, any road specified in the regulations; (p) the fees to be paid upon the import or export of any prescribed trophy; ( q) the terms and conditions under which any professional hunter's licence or apprentice professional guide's li cence or any permit or authority may be issued under this Act including the manner in which the holder of any such licence, permit or authority is to receive payment for any services rendered by the licensee under the licence, permit or authority; ( r) the terms and conditions under which game ranching may be conducted including the fees payable for licences and permits relating thereto and the terms and conditions of the disposal or sale of meat, trophies and live animals from private game ranching; (s) the sealing of firearms in areas where the hunting of animals is prohibited or controlled; (t) the declaration of bird sanctuaries and for the control of entry into, and regulation of activities of any persons within, any such bird sanctuary; (u) the furtherance of knowledge as regards wildlife by means of literature, lectures, courses or instruction, films, radio and television programmes, approved tours or such other means as may appear appropriate in the circumsatances; ( w) the terms and conditions under which wild animals lawfully owned may be kept on private game fanns zoos; snakes paiks orotherformsofcaptivityincludingspecificationsastothesize and design of enclosures for such wild animals; • f (x) the process of preparing management plans for National Parks and Game Management Areas; (y) the payment of rewards to finders of trophies; (z) the terms and conditions under which any export permit may be issued under this Act; ( aa) the functions of a chief as patron of a community resources board and the conduct of business of commu nity resources boards including the tenure of such boards; (bb) the terms and conditions underwhich an honorary wildlife ranger may exercise the functions of a wildlife police officer; and r· ! ! I ' i b f 142 No. 12 of 1998) Zambia Wildlife ( cc) the implementation of the Convention on Wetlands of International Importance Especially as Waterfowl Habi tat, the Lusaka Agreement on Co-operative Enforce ment Directed at Illegal Trade in Wild Flora and Fauna and the Convention on Biological Diversity. (2) The Minister may, on the advice of the Authority, in any regulation made under this section, prescribe in respect of the contravention of any provision of the regulations- ( a) for a penalty not exceeding a fine of fifty thousand penalty units or a term of imprisonmemt for a period not exceed ing five years, or to both; (b) the forfeiture of anything which was the subject matter of the contravention or with which the offence was com mitted or which was used in, or for the purpose of, in relation to, or in connection with, the commission of the contravention; and ( c) in the case of a continuing offence, an additional penalty not exceeding a fine of five thousand penalty units on each count.
Part
Part VII, the numbers and sex ofeach species which may
- 145 Verify source ↗
Repeal of National Parks and Wildlife Act, International
This section repeals three Acts: the National Parks and Wildlife Act, the International Game Park and Wildlife Act, and the Plumage Birds Protection Act.
145. The National Parks and Wildlife Act, the International Game Park and Wildlife Act and the Plumage Birds Protection Act, are hereby repealed. ,. Repeal of National Parks and Wildlife Act. International Game Park and Wildlife Act and Plumage Birds Protection Act Caps. 201, 202 and 203 SCHEDULE (Section 4) ' I " Composition of Authority , PART I ADMINISTRATION OF AUTHORITY
Part
SCHEDULE
- 1 Verify source ↗
Composition of Authority
The Minister appoints the Authority’s members and Chairperson, and the members elect the Vice-Chairperson from among themselves.
1. (1) The Authority shall consist of members appointed by the Minister as follows: -!'-,) - (a) a member of the Environmental Council of Zambia; (b) a representative of the Wildlife and Environmental Con- servation Society of Zambia; ( c) a member of the Zambia National Tourist Board; ( d) a representative of the Ministry responsible for fisheries; ( e) the Inspector-General of Zambia Police; (f) the Commissioner of Lands; i ! - - .. .. n.n.o 111 Al"f :lambia Wildlife [No. 12 of 1998 143 j ( g) (h) (i) (j) (k) ( I) a member with wide business and commercial experience in the private sector; a representative of the Tourism Council of Zambia; a representative of the Ministry responsible for finance; a representative of the Ministy responsible for legal affairs; two representatives of community resources boards; two patrons of community resources boards; (m) ( n) ( o) a repres�ntative of the National Heritage Conservation Commission; a representaive of the Ministry responsible for tourism; and two other persons. (2) The Minister shall appoirt the Chairperson of the Authority. (3) The Vice-Chairperson shall be elected by the members from 10 Seal of Authority amongst themselves. - 2 Verify source ↗
3. Ownership of wild animals
The Authority controls its seal, the Secretary keeps it, and certain people must authenticate its affixing. Some contracts or instruments may be executed without the seal if authorised and if they would not otherwise need a seal.
2. (I) The seal of the Authority shall be such device as may be determined by the Authority and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the Chair person or the Vice-Chairperson and the Secretary or one other person authorised in that behalf by a resolution of the Authority. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Secretary by the Secretary or any other person generally or specifically authorised by the Authority in that beha,lf. ( 4) Any document purporting to be a document urider the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be executed or issued, as the case may be, without further proof, unless the contrary is proved. - 3 Verify source ↗
Ownership of wild animals
Members serve three-year terms and may be reappointed. The Authority may manage its own procedure, must meet at least every three months, and must keep minutes of meetings.
3. ( 1) Subject to the other provisons of this Act, a member shall hold office for a period of three years from the date of appointment and may be re-appointed for a further period. (2) The office of a member shall become vacant if- ( a) without reasonable excuse that member has been absent from three consecutive meetings of the Authority of which the member has had notice; upon the member's death; the member is adjudged bankrupt; (b) ( c) Tenure of office of member and vacancies 144 No. 12 of 1998] ( d) Zambia Wildlife I: Proceedings of Authority '" I i .. \I I\ 'I I I ( ( e) the member becomes mentally or physically incapable of performing the duties of a member of the Authority; the member is convicted of an offence under this Act; or (j) the member is convicted of an offence under any other written law and sentenced therefor to imprisonment for a term exceeding six months. 4, (I) Subject to the other provistions of this Act, the Authority may regulate its own procedure. (2) The Authority shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson may decide. (3) Upon giving notice of not less than fourteen days, a meeting of the Authority may be called by the Chairperson and shall be called if not less than one third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice. (4) The quorum at any meeting of the Authority shall be two thirds of the members. (5) There shall preside at any meeting of the Authority ( a) ( b) the Chairperson; in the absence of the Chai rp ( c) or erson, the Vice-Chairperson; in the absence of the Chairperson and the Vice-Chairper son, such member as the members present may elect from amongst themselves for the purpose of that meet ing. I ..... (6) A decision of the Authority on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. (7) Where a member is for any reasonable cause unable to attend any meeting of the Authority, the member may, in writing, nomi nate another person from the same organisation to attend such meeting in that member's stead and such person shall be deemed to be a member for the purpose of such meeting. (8) The Authority may invite any person whose present in its opinion is desirable to attend and to participate in the deliberations of a meeting of the Authority but such person shall have no vote. Zambia Wildlife [No. 12 of 1998 145 (9) The validity of any proceedings, act or decision of the Authority shall not be effected by any vacancy in the membership of the Authority or by any defect in the appointment of any member or by reason that any person not entitled so to do, took part in the proceedings. ( 10) The Authority shall canse minutes to be kept of the pro ceedings of every meeting of the Authority and every meeting of any committee established by the Authority. - 5 Verify source ↗
Functions of Authority
The Authority may create committees, delegate functions to them, appoint committee members, and set how long they serve.
5. (I) The Authority may, for the pnrpose of performing its functions under this Act, constitute any committee and may de!- egate to any such committee such of its functions as it thinks fit. (2) The Anthority may appoint as members of a committee constituted under sub-paragraph (1), persons who are or are not members of the Authority and such persons shall hold office for such period as the Authority may determine: Provided that at least half of the members of a committee shall be members of the Authority. - 6 Verify source ↗
Communi_ty resources board
The Authority may determine remuneration and allowances for its members or committee members, but only with the Minister’s approval.
6. There shall be paid to members of the Authority or any committee of the Authority such remuneration and allowances as the Authority may, with the approval of the Minister, determine. - 7 Verify source ↗
Functions of community resources board
A member with a personal or spouse interest in a matter being considered at an Authority meeting must disclose that interest promptly and normally must not join the discussion or vote.
7. (I) If a member is present at a meeting of the Authority or any committee of the Authority at which any matter in which the member or the member's spouse is directly or indirectly interested in a private capacity, is the subject of consideration, and the member shall, as soon as practicable after the commencement of the meet- ing, disclose such interest, and shall not unless the Authority or the committee otherwise directs take part in any consideration or discussion of or vote on any question relating to that matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. - 8 Verify source ↗
Secretariat of community resources board
The Authority must appoint a Director-General with the Minister’s approval, and the Director-General must attend Authority meetings.
8. (I) The Authority shall, with the approval of the Minister, appoint a Director-General of the Authority who shall be the chief executive officer of the Authority and who, subject to the general or special direction of the Authority, shall be responsible for the carrying out of the provisions of this Act, and shall be responsible for the administration of the Authority. (2) The terms and conditions of service of the Director-General shall be determined by the Authority with the approval of the Minister. (3) The Director-General shall attend meetings of the Authority and may attend meetings of any committee of the Authority and may address such meetings, but shall not vote on any matter. - 9 Verify source ↗
Secretary and other staff
The Authority must appoint a Secretary, and may appoint other staff, with the Minister’s approval. The Secretary is responsible for day-to-day administration under the Director-General’s general supervision.
9. (1) There shall be a Secretary to the Authority who shall be appointed on such terms and conditions as the Authority may with the approval of the Minister determ�e. Committees Authority of Remunera tion and allowances of members Disclosure of interest Director General of Authority Secretary and other staff 146 No. 12 of 1998} aimbia Wildlife i, 1 , Wildlife Police Officers Honorary wildlife police officer Attestation Signing of attestation (2) The Secretary shall be responsible for the day to day admin istration of the Authority under the general supervision of the· Director-General. (3) The Authority may appoint, on such termsadconditions as it may with the approval of theMinisterdetennine, such other staff as it considers necessary for the performance of its functions under this Act. - 10 Verify source ↗
Wildlife police officers
The Authority must appoint wildlife police officers on terms approved by the Minister, and wildlife officers must carry out the functions and duties given to them by the Act or by the Director-General.
10. (1) The Authority shall appoint, on such terms and condi tions as it may with the approval of the Minister determine, wildlife police officers to perform the functions specified under this Act. (2) A wildlife officer shall exercise such functions and perform such duties as are conferred upon the officer by this Act or as may be delegated or assigned to him by the Director-General. - 11 Verify source ↗
Honorary wildlife police officer
The Authority may appoint, renew, or revoke honorary wildlife police officers by Gazette notice, and the officer must perform wildlife police duties within the appointment terms.
11. (1) The Authority may, by Gazette notice, appoint any person to be an honorary wildlife police officer for a period not exceeding three year, and may renew such appointment for a further three years. (2) The Authoriy may, at any time, by Gazette notice revoke or renew any appointment made under sub-paragraph (I). (3) The appointment of any honorary wildlife police officer may be-- (a) general, so that the honorary wildlife police officer is empowered to act in any part of the Republic including National Parks, wildlife sanctuary, bird sanctuary and Game Management Areas as may be specified in the instrument of appointment; or (b) limited,,lo that the honorary wildlife police officer is empowered to act in any part of the Republic or and National Park, wildlife sanctuary, bird sanctuary or Game Management Areas as may be specified in the instrument of appointment. (4) Subject to the other provisions of this Act and to the terms of the instrument of appointment, an honorary wildlife police officer shall, within the terms of appointment, exercise the functions and perform the duties of a wildlife police officer. - 12 Verify source ↗
Continuation of existing National Park
A wildlife police officer joining the Authority must be attested to serve the Authority for a prescribed period and on prescribed conditions.
12. A wildlife police officer joining the Authority shall be attested to serve the Authority for such period and on such condi tions as may be prescribed. - 13 Verify source ↗
Grant of mining and other rights in National Park
A person joining the Authority must sign an attestation before a superior wildlife police officer and answer questions truthfully about past services and convictions.
13. (1) A person, on joining the Authority, shall make and sign an attestation before a superior wildlife police officer in such manner as that person may declare to be most binding on the conscience in the form set out in the Second Schedule. .�-,;- . _, -..-1\ :· � ,. O· I I I I I I I; I , ' ij . I I 1 Z.ambia Wildlife [No. 12 of 1998 147 (2) A person, on joining the Authority, shall before making attestation required in sub-paragraph (1) answer truly any questions which may be put to the pe�son as to any previous services in any public or private organisation and as to whether the person has at any time been convicted of any crime in Zambia or elsewhere. (3) Any person who makes. a false statement in reply to a question under sub-paragraph (2), shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penaly units. - 14 Verify source ↗
Traffic on public roads in National Park
A wildlife police officer must stay with the Authority until receiving a certificate of service, and the Authority must release the officer after service ends unless there is a disciplinary charge at that time.
14. (I) Subject to the other provisions of this Act, a wildlife police officer who completes the period of service shall be released by the Authority unless at the date of completion of service the officer has been charged with a disciplinary offence under this Act, in which case the service of the officer shall be prolonged and the officer' s release from service deferred until the officer has under gone trial or any other punishment imposed on the office. (2) Subject to the pro','isions of this Act, a wildlife police officer shall, until in receipt of a certificate of service, remain with the Authority. - 15 Verify source ↗
Arms, uniforms, etc, to be delivered on ceasing to be staff of
Staff who leave the Authority must return Authority-owned arms, ammunition, uniforms, and other equipment to the Director-General or the officer in charge.
15. (I) A person who ceases to be a member of staff of the A:uthority shall deliver to the Director-General or the officer in charge all arms, ammunition, uniforms and other appar,1tus which were supplied to the officer and which are the property of the Authority. (2) A person referred to in sub-paragraph (1), who fails to deliver anyarms, ammunition, uniform orother apparatus in posses• sion of that person, shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonmemt for a term not exceeding six months or to both and the court which convicts that person may issue a warrant to search for, or seize such arms, ammunition, uniform and other apparatus not so delivered. Release on completion of service Arms, uniforms, etc., to be delivered on ceasing to be staff of Authority - 16 Verify source ↗
Prohibition of hunting, etc, in National Park
The Authority may issue discipline standing for its staff, but only after the Minister approves it.
16. The Authority may, after approval of the Minister, issue Discipline standing relating to the discipline of staff of the Authority. - 17 Verify source ↗
Prohibition of weapons, etc, in National Park
A person must not disclose protected information from duties under the Act to unauthorised people without written consent from or on behalf of the Authority.
17. (1) A person shaHnot, without the consent in writing given by or on behalf of the Authority, publish or disclose to any unauthorised person, otherwise than in the course of duties of that person, the contents of any document, communication or informa• tion whatsoever, which relates to, which has come to the knowledge . of that person in the course of the person's duties unde this Act. Prohibition ,X of publica- tion of, or disclosure of information to unauthorised persons . , ; I \ 148 No. 12 of 1998] Z.ambia Wildlife (2) Any person who contravenes the provisions of sub-para graph (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units or to imprisonmemt for a term not exceeding three years, or to both. (3) If any person, having any information which to the knowl edge of that person has been published or disclosed in contravention of sub-paragraph ( 1 ), unlawfully publishes or communicates any such information to any other person, the person shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units orto imprisonment for a term not exceeding three years or to both. - 18 Verify source ↗
Prohibition of introduction of wild animals into National
On or after the appointed date, the Authority takes over the Department of National Parks and Wildlife Service’s affairs, property, rights, and obligations.
18. (1) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Authority by virtue of this Act and without further assuarance- ( a) the affairs of the Department of National Parks and (b) Wildlife Service; ·and subject to this Act, all property, rights and bbligations which immediately before the appointed date were the property, rights and obligations of the Department of National parks and Wildlife Service. Vesting of assets of Department of National Parks and Wildlife Service ;:. _ ... (2) Except as provided in this Act, every deed, bond and agree ment (other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Act in respect of the Department of National Parks and Wildlife Service, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impos sible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment thereof, as if- ( a) (b) the Authority had been a party thereto; for any reference to the Government there were substi tuted, as respects anything fa!Ung to be done on or after the appointed date, a reference to the Authority; and for any reference to any officer of the Department not being aparty thereto and benefacially interested therein there were substituted,as respects anything falling to be done on or after commencement of this Act, or reference to such officer of the Authority as the Authority shall designate. ( c) (3) Subject to 'the provisions of sub-paragraph (2), documents, other than those referred to therein, which refer specifically or generally to·the Department shall be construed in accordance with sub-paragraph (2) as far as applicable. ' I . ' Zambia Wildlife [No. 12 of 1998 149. - 19 Verify source ↗
Prohibition of domestic animals in National Park
When certain government property, rights, liabilities, and obligations are transferred to the Authority, the Authority must apply in writing for registration, and the registration authority must register the transfer and update the records.
19. (I) Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the Government through the Depart ment of National Parks and Wildlife Service are deemed transferred to the Authority in respect of which transfer a written law provides for registration, the Authority shall make an application in writing to the appropriate authority for registration of the transfer. (2) The registration authority referred to in sub-paragraph ( I ) shall make such entries i n the appropriate register as shall give effect to such transfer and, where applicable, issue to the transfree concerned with a certificate of title in respect of the property or shall make necessary amendments to the register, as the case may be, and make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect of thereof. - 20 Verify source ↗
Prohibition of introduction of vegetation into National
The Authority must appoint enough public officers from the Department of National Parks and Wildlife Service as needed, and employees moved to the Authority must not get worse service terms.
20. ( 1 ) On or after the appointed date, the Authority shall on such terms and conditions as it may determine, appoint as officers of the Authority such number of public officers from the Depart ment of National Paks and Wildlife Service as may be necessary for the performamnce of the functions of the Authority. (2) Where an emflloyee of the Department of National Parks and Wildlife Service is appointed to the service of the Authority- ( a) the terms and conditions of service with the Authority shall not be less favourable than those the employee enjoyed in the Department of National Parks and Wild life Service; and (b) thirty-nine section the employee shall be deemed to have been retired under of the Public Service Pensions Act. (3) On or after the appointed date employees of the Department of National Parks and Wildlife Service who are not engaged by the Authority under sub-paragraph (2) shall be retained by the Governmemnt and shall be- redeployed in the service of the Government;or retired under section Pensions Act. thirty-nine of the Public Service ( a) (b) - 21 Verify source ↗
Prohibition or removal of wild animals or vegetation from
The Authority and other persons may use the same rights, powers, and remedies to deal with rights, liabilities, or obligations under this Act, including legal proceedings. Pending cases involving the Government and the Department of National Parks and Wildlife Service may continue against or by the Authority.
21. (I) Without prejudice to the other provisions of this Act, where any right, liability or obligations vests in the Authority by virtue of this Act, the Authority and all other persons shall, as from the commencement of this Act, have the same rights, powers and remedies (and in particular the same rights as to the instituting or defending legal proceedings or Lite ma..l<lng or resisting of \ app! icati ons to any authority) for ascertaining. perfecting that right, ,1 iiabilicy or obligation as they would have had if it had at all times been a right, liability or obligation of the Authority. Registration of property to be transferred by Govern ment Transfer of employees Act No. of 1996 35 Act No. of 1996 35 Legal proceedings 150 12 1998] Zambia Wildlife No. of (2) Any legal proceedings or application of any authority pend ing immediate! y before the commencement of this Act by or against the Government in respect of the Department of National Parks and Wildlife Service may be continued by or against the Authority. (3) After the commencement of this Act, proceedings in respect of any right, liabiiity or obligations which was vested in, held, enjoyed, incurred or suffered by the Government in respect of the Department of National Parks and Wildlife Service may be insti tuted by or against the Authority. PART II FINANCIAL PROVISIONS Funds of Authority
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Zambia Wildlife Act, 1998
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