ZAMBIA WILDLIFE ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Ownership of wild animals

PART II
THE ZAMBIA WILDLIFE AUTHORITY

   4.   Establishment of Authority

   5.   Functions of Authority

PART III
COMMUNITY RESOURCES BOARDS

   6.   Community resources board

   7.   Functions of community resources board

   8.   Secretariat of community resources board

   9.   Financial provisions

PART IV
NATIONAL PARKS

   10.   Declaration of National Parks

   11.   Effect of orders and acquisition of land

   12.   Continuation of existing National Park

   13.   Grant of mining and other rights in National Park

   14.   Traffic on public roads in National Park

   15.   Restrictions on entry into or residence in National Park

   16.   Prohibition of hunting, etc, in National Park

   17.   Prohibition of weapons, etc, in National Park

   18.   Prohibition of introduction of wild animals into National Park

   19.   Prohibition of domestic animals in National Park

   20.   Prohibition of introduction of vegetation into National Park

   21.   Prohibition or removal of wild animals or vegetation from National Park

   22.   Prohibition of damage or removal of object of geological, historical, etc, from National Park

   23.   Prohibition of killing, injuring or capturing of wild animals or birds within National Park.

   24.   Restriction on exercise of mining rights within National Park

   25.   Regulations in relation to National Park

PART V
GAME MANAGEMENT AREAS

   26.   Declaration of Game Management Areas

   27.   Continuation of existing Game Management Areas

   28.   Settlement in Game Management Areas

   29.   Restriction on hunting wild animals in Game Management Areas

PART VI
GAME ANIMALS AND PROTECTED ANIMALS

   30.   Game and protected animals

   31.   Restriction on hunting game or protected animals

   32.   Wildlife impact assessments

PART VII
LICENCES

   33.   Licences

   34.   Power of Minister to regulate

   35.   Licences not transferable

   36.   Non-resident hunting licence

   37.   Resident hunting licence

   38.   Bird licence

   39.   Prohibition of holding more than one non-resident hunting licence, resident hunting licence and bird licence

   40.   Special licence

   41.   Power of Authority to authorise licensee under special licence to employ others to hunt

   42.   Special licensee or resident hunting licensee jointly liable for offences of employee

   43.   Issue of professional hunter’s licence

   44.   Professional hunter’s licence

   45.   Prohibition of carrying on business of professional hunter without licence

   46.   Issue of apprentice professional hunter’s licence

   47.   Apprentice professional hunter’s licence

   48.   Prohibition of certain acts without apprentice professional hunter’s licence

   49.   Professional guide’s licence

   50.   Apprentice professional guide’s licence

   51.   Prohibition of carrying on business of professional guide or apprentice professional guide without licence

   52.   Photographic tour operator’s licence

   53.   Hunting outfitter’s licence

   54.   Restricted professional hunter’s licence

   55.   Commercial photographic licence

   56.   Refusal to issue licence

   57.   Appeal against issue of licence

   58.   Revocation of licences

   59.   Appeal against revocation

   60.   Suspension, cancellation or loss of licences

PART VIII
HUNTING OF WILD ANIMALS

   61.   Duties of licensees and permit holders

   62.   Duties of licensee under professional hunter’s licence

   63.   Duties of licensee under apprentice professional hunter’s licence

   64.   Counting of hunted game animals or protected animals

   65.   Limitations upon persons assisting in hunting game or protected animals

   66.   Prohibition of employment of another person to hunt

   67.   Restrictions on hunting in open areas

   68.   Prohibition of hunting young game animals and of females with young

   69.   Restrictions on use of motor vehicles, aircraft or boats while hunting

   70.   Restrictions on use of dogs while hunting

   71.   Prohibition of use of fire in hunting

   72.   Prohibition of use of poison, bird-lime or poisoned weapons in hunting

   73.   Prohibition of possession, acquisition or use of traps, etc, for hunting

   74.   Power of Minister to prohibit or control use of specified weapons or methods of hunting

   75.   Prohibition of driving certain game animal or protected animal into water

   76.   Prohibition of hunting during hours of darkness

   77.   Game drives

PART IX
KILLING, WOUNDING OR MOLESTING WILD ANIMALS

   78.   Self-defence

   79.   Defence of property

   80.   Game or protected animals killed through accident or error

   81.   Wounding of game animal or protected animal

   82.   Wounding of dangerous animals

   83.   Cruelty to wild animals

   84.   Possession of maimed wild animals

   85.   Molesting or provoking game animal or protected animal

PART X
TROPHIES

   86.   Prohibited dealings in trophies

   87.   Trophy dealer’s permit

   88.   Trophy dealers to keep records and make returns

   89.   Prescribed trophies

   90.   Certificate of ownership of trophies

   91.   Possession of prescribed trophies

   92.   Transfer of ownership of prescribed trophies

   93.   Duty to produce ivory or horn of killed elephant or rhinoceros

   94.   Duty to produce imported ivory or rhinoceros horn

   95.   Registration of ivory and rhinoceros horn

   96.   Transfer of ivory or rhinoceros horn before registration prohibited

   97.   Transfer of ownership of ivory or rhinoceros horn

   98.   Government trophies

   99.   Possession of Government trophy to be reported

   100.   Unlawful possession of, or dealing in, Government trophies

PART XI
SALE AND TRANSFER OF WILDLIFE ANIMALS AND OF MEAT OF WILDLIFE ANIMALS

   101.   Prohibited dealings in live wild animals

   102.   Certificate of ownership of game animal or protected animal or of meat thereof

   103.   Power of Minister to regulate trade or movement of meat of game or protected animals

   104.   Sale of game animal or protected animal or of meat thereof

PART XII
IMPORT AND EXPORT OF WILD ANIMALS, MEAT AND TROPHIES

   105.   Importation of wild animals, etc, without permit prohibited

   106.   Permits to import wild animals, meat or trophies

   107.   Restriction on import of wild animals, meat or trophies

   108.   Certificates of ownership of imported prescribed trophies

   109.   Export of wild animals, etc, without permit prohibited

   110.   Permits to export wild animals, meat or trophies

   111.   Restriction on export of wild animals, meat or trophy

   112.   Wild animals, meat and trophies in transit

   113.   Implementation of international treaties

PART XIII
ENFORCEMENT PROVISIONS

   114.   Right to enter land

   115.   Right to search

   116.   Power to arrest

   117.   General powers and duties of wildlife police officers

   118.   Immunity of proper officer, village scout and honorary wildlife police officers

   119.   Power to take photographs, measurements, finger prints, etc

   120.   Traffic barriers and cordons

   121.   Power to use firearms

   122.   Documents to be produced on request

   123.   Compliance with Firearms Act

   124.   Prosecutions by officers of Authority

PART XIV
OFFENCES, PENALTIES AND FORFEITURES

   125.   Prohibition of bush or grass fires in National Parks, Game Management Areas and Sanctuaries

   126.   Prohibitions

   127.   Failure to keep registers or to furnish returns, an offence

   128.   Prohibition of alteration, defacement or removal of official records

   129.   Prohibition of alteration or defacement of prescribed documents or records

   130.   Secrecy

   131.   General penalty

   132.   Payment of fine without appearing in court

   133.   Penalty for offence involving elephant and rhinoceros

   134.   Penalty for unlawful hunting in National Parks

   135.   Penalty for possessing, buying or selling meat or wild animal or trophy

   136.   Penalty for possessing, buying or selling any protected animal or trophy of protected animal or prescribed trophy

   137.   Penalty for unlawful hunting or wounding, etc

   138.   Destruction of game pits, etc, on conviction

   139.   Forfeiture provisions on conviction

   140.   Disposal of animals and goods seized

   141.   Surrender of licence, permit or authority to Director- General on conviction

   142.   Portion of fine for offence payable to board

PART XV
FORMS AND REGULATIONS

   143.   Prescribed forms

   144.   Regulations

   145.   Repeal of National Parks and Wildlife Act, International Game Park and Wildlife Act and Plumage Birds Protection Act

      SCHEDULE

AN ACT

to establish the Zambia Wildlife Authority and to define its functions; to provide for the establishment, control and management of National Parks and for the conservation and enhancement of wildlife eco-systems, biodiversity, and of objects of aesthetic, pre-historic, historical, geological, archeological and scientific interest in National Parks; and for the promotion of opportunities for the equitable and sustainable use of the special qualities of National Parks; to provide for the establishment, control and management of Game Management Areas; to provide for the sustainable use of wildlife and the effective management of the wildlife habitat in Game Management Areas; to enhance the benefits of Game Management Areas both to local communities and to wildlife; to involve local communities in the management of Game Management Areas; to provide for the development and implementation of management plans; to provide for the regulation of game ranching; to provide for the licensing of hunting and control of the processing, sale, import and export of wild animals and trophies; to provide for the implementation of the Convention on International Trade in Endangered Species of Wild Flora and Fauna, the Convention on Wetlands of International Importance Especially as Water Fowl Habitat, the Convention on Biological Diversity and the Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora; to repeal the National Parks and Wildlife Act, 1991; and to provide for matters connected with or incidental to the foregoing.

[24th April, 1998]

Act 12 of 1998,

Act 13 of 2001.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Zambia Wildlife Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“aerodrome” has the meaning assigned to it by section 2 of the Aviation Act;

“aircraft” includes all flying machines, aeroplanes, seaplanes, helicopters, flying boats, and other aircraft designed 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 mammal, 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 under section 1;

“apprentice professional hunter’s licence” means a licence as specified in section 46;

“appropriate fee” in relation to any licence issued under Part VII, means, in the case of a licence so issued, the fee prescribed by regulations made under section 34;

“Authority” means the Zambia Wildlife Authority established under section 4;

“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;

“bird licence” means a licence as specified in section 38;

“bird sanctuary” means an area declared as a bird sanctuary under section 144;

“board” means a community resources board established under section 6;

“capture” includes the taking of eggs or nests;

“client” means any person who is booked on a hunting tour by a licenced hunting outfitter or a photographic tour operator;

“commercial photographic licence” means a licence specified under section 55;

“Council” means any city, municipal, township or rural council established under the Local Government Act;

“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 6 of the Environmental Protection and Pollution Control Act;

“game animal” means any wild animal specified under section 30, other than any wild animal specified as a protected animal;

“Game Management Area” means an area of land declared to be a Game Management Area under section 26;

“harvest” means non-consumptive and consumptive use of game, non-game, protected or unprotected animals;

“honorary wildlife police officer” means any person appointed as such under paragraph 11 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 a specified hunting block given by the Authority for a specified period of time;

“hunting outfitter’s licence” means a licence as specified in section 53;

“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;

“National Park” means an area of land declared to be a National Park under section 10;

“non-resident hunting licence” means a licence as specified in section 36;

“open area” means an area other than a National Park, Game Management 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 absence from Zambia;

“photographic or viewing safari” means an organised commercial tour for the purpose of taking photographs of, or viewing of, wild animals or scenery;

“photographic tour operator’s licence” means a licence as specified in section 52;

“prescribed trophy” means any ivory or rhinoceros horn or any other trophy prescribed by regulations made under section 89;

“professional guide’s licence” means a licence as specified in section 49;

“professional hunter’s licence” means a licence as specified in section 43;

“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 protected animal under section 30;

“public road” has the meaning assigned to it in the Roads and Road Traffic Act;

“repealed Act” means the National Parks and Wildlife Act;

“resident hunting licence” means a licence as specified in section 37;

“restricted professional hunter’s licence” means a licence specified under section 54;

“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;

“special licence” means a licence as specified in section 40;

“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 paragraphs (a), (b), (c) and (d) of section 33;

“trophy dealer’s permit” means a permit to engage in the business of a trophy dealer under section 87;

“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;

“wild animal” means any animal ferae naturae, 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 cultivation;

“wildlife police officer” means any officer appointed under paragraph 11 of the Schedule; and

“wildlife sanctuary” means an area declared as a wildlife sanctuary under section 144.

3.   Ownership of wild animals

   (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 or of the carcass of that animal, as the case may be, is hereby transferred to and vested in such person;

   (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 paragraphs (a), (b),(c) and (h) of section 33 or under any authority granted under this Act, the absolute ownership of the game animal or protected animal or of the carcass or any trophy of those animals, is, subject to the other provisions of this Act and to the terms and conditions 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 regulations as the Minister may, on the advice of the Authority prescribe, vest absolutely in the owner of such land.

   (2) Notwithstanding sub-section (1), the absolute ownership of any wild animal, which has been captured or reduced into possession 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 sub-section (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 ownership of that game animal or protected animal or of the carcass or any 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 deliver up 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 sub-section.

PART II
THE ZAMBIA WILDLIFE AUTHORITY

4.   Establishment of Authority

   (1) There is hereby established the Zambia Wildlife Authority 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.

   (2) The provisions of the Schedule shall apply to the Authority.

5.   Functions of Authority

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

      (a)   to control, manage, conserve, protect and administer National Parks, bird sanctuaries, wildlife sanctuaries and Game Management Areas and coordinate activities in such areas;

      (b)   in partnership with local communities, to share the responsibilities of management in Game Management Areas;

      (c)   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;

      (d)   to encourage the general development of National Parks, bird sanctuaries, wildlife sanctuaries and Game Management 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;

      (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;

      (f)   to undertake measures that will ensure the proper balance between the sustainable use of wildlife and the management 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 local communities;

      (i)   to issue licences and permits under this Act;

      (j)   in partnership with local communities, to grant hunting concessions to hunting outfitters and photographic tour operators in Game Management Areas;

      (k)   to assist and advise the boards registered under section 6 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 sanctuaries 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 wildlife 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 under 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

      (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 sub-section (1)—

      (a)   the Authority may delegate to any member of the Authority, 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

6.   Community resources board

   (1) A local community along geographic boundaries contiguous 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.

   (2) The Authority shall register as a board, a local community which, in addition to the pre-requisites described in sub-section (1), meets the requirements of sub-section (3) and shall, in consultation with that board, develop management plans for the Game Management Area or open area or any part thereof which is under its jurisdiction.

   (3) A board registered under sub-section (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 sub-section (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.

   (6) The Minister may, in consultation with the Authority and the particular board, determine the allowances and honorarium which shall be payable to a chief referred to in sub-section (5).

   (7) The Authority shall, in consultation with the Minister and majority 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, deregister 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.

   (9) The board may convene any meeting at any time for the conduct of its business under this Act.

7.   Functions of community resources board

   (1) 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 sub-section (1), a board shall have power to—

      (a)   negotiate, in conjunction with the Authority, co-management agreements with hunting outfitters and photographic tour operators;

      (b)   manage the wildlife under its jurisdiction, within quotas specified by the Authority;

      (c)   appoint village scouts to exercise and 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)   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

      (e)   perform such other functions as the Authority or Director-General may direct or delegate to it.

   (3) The preparation and implementation of management plans in Game Management Areas and open areas shall be in accordance with such regulations as the Minister may, in consultation with the Authority, prescribe.

8.   Secretariat of community resources board

   (1) There shall be a secretariat for each board which shall consist of such properly qualified officers as the board may appoint, on such terms and conditions, as it may determine.

   (2) The Authority may, in consultation with a board, second officers to the board.

9.   Financial provisions

   (1) A board shall establish a fund to enhance the economic and social well-being of the local community within the area described in section 6.

   (2) In addition to the revenues referred to in paragraph (o) of sub-section (1) of section 5, there shall be paid into the fund of a board such money as the board may—

      (a)   with the approval of the Authority, accept by way of grants and donations from any source within Zambia; and

      (b)   with the approval of the Minister, accept by way of grants 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, through the Director- General—

      (a)   an audited balance sheet;

      (b)   an audited statement of income and expenditure; and

      (c)   a report concerning its activities during that financial year,

   (6) Any person who misuses any money belonging to a board shall—

      (a)   be liable to a surcharge; and

      (b)   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 not exceeding twelve months or to both.

   (7) A board shall submit half yearly reports to the Director-General.

   (8) The accounts of a board shall be audited annually by independent auditors appointed by the board with the approval of the Authority.

PART IV
NATIONAL PARKS

10.   Declaration of National Parks

Whenever the President is of the opinion that the conservation 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 of land 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.   Effect of orders and acquisition of land

   (1) Where any person has any right in or over any land which is included in any area subject to an order made under section 10, that land may, for the purpose of the extinguishment of such right, be acquired by the President in accordance with the Land 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.   Continuation of existing National Park

Notwithstanding the provisions of this Act, A National Park established under the repealed Act shall continue to exist as if established under this Act.

13.   Grant of mining and other rights in National Park

   (1) 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 or an adjoining Game Management Area without an environmental impact assessment conducted in accordance with procedures specified by the Environmental Council under the Environmental 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

   (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 24.

   (3) The exercise of any right, title, interest or authority granted under paragraph (b) of sub-section (1) shall be subject to any conditions which the Authority may impose.

14.   Traffic on public roads in National Park

   (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 sub-section (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 Authority 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) Sub-sections (8), (9) and (10) of section 25 of the Roads and Road Traffic Act shall apply, with the necessity modifications, in respect of any traffic sign or signal placed on or near any public road under sub-section (3).

   (5) The Director-General or any wildlife police officer or honorary wildlife police officer may, whenever they think it necessary so to do, cause any person or any vehicle using any public road 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 sub-section (5), shall be guilty of an offence.

15.   Restrictions on entry into or residence in National Park

   (1) 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 member of the Authority in connection with the duties of that member under this Act;

      (b)   any proper officer or public officer on specified duties requiring the presence of that officer in a National Park;

      (c)   any honorary wildlife police officer who is entitled to be present in a National Park under the terms of the instrument appointing the officer;

      (d)   any person travelling through a National Park along a public road within the confines of the road reserve;

      (e)   any person in possession of a permit and the dependants of that person, to so enter or reside, issued by the Director-General or by any other officer duly authorised in writing by the Director-General to issue such a permit;

      (f)   any person who enters a National Park under section 24;

      (g)   the servants of persons in paragraphs (e) and (f) above, inclusive;

      (h)   any person admitted under any regulation made under section 25; and

      (i)   any person who enters a National Park as part of his official duties for a board registered under section 6:

Provided that the persons in paragraphs (f) to (h), inclusive, shall be subject to any relevant regulations made under section 25 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.   Prohibition of hunting, etc., in National Park

   (1) Any person who, without a permit so to do issued under sub-section (2) or (3), hunts, or disturbs any will animal or fish, or who disturbs any birds ‘nests in a National Park or who removes any wild animal, fish, bird’s nest, stone, vegetation or other object whether animate or inanimate from a National Park shall be guilty of an offence.

   (2) The Director-General, or any wildlife police officer duly authorised in writing by the Director-General, may issue a permit 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 sub-section (3) shall specify the species and number of wild animals which may be hunted under the permit.

   (5) The Director-General may with the approval of the Authority, at any time, revoke or cancel any permit issued under sub-section (2) or (3).

17.   Prohibition of weapons, etc., in National Park

   (1) Any person who, without a permit so to do issued under sub-section (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.

   (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 permit, any firearm, spear, bow, arrow 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 shall not apply to any wildlife police officer, honorary wildlife police officer, village scout or other police officer acting in the performance of duties under this Act or any other written law.

18.   Prohibition of introduction of wild animals into National Park

   (1) Any person who, without the consent of the Director-General or without just cause or excuse, drives, conveys or introduces 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.

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