CHAPTER 173- NATIONAL HERITAGE CONSERVATION COMMISSION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Cancellation of the Declaration of a National Monument

Natural and Historical Monuments and Relics By-Laws

Ancient Monuments Rules

Hippo Pool, Chingola, By-Laws

National Monuments (Entry Fees) Regulations

National Heritage (Commissioners' Allowances) Order

National Museums (Entry Fees) Rules

National Museums (Declaration) Orders

National Museums (Declaration) Orders

National Monuments (Football Heroes Burial Site) (Declaration) Order, 1996

National Heritage Conservation Commission (Lusaka Thermal Power Station) (Provincial National Monument) (Declaration) Order, 1996

Libala Limestone (Provisional National Monument) (Declaration) Order, 1997

Mulobezi Site and Ancillary Railway Lines (Provisional National Monument) (Declaration) Order, 1997

Libala Limestone (Provisional National Monument)(Declaration) Order, 2001

Mulobezi Site and Ancillary Railway Lines (Provisional National Monument)(Declaration) Order, 2001

Kabwelume Falls Complex (Provisional National Monument) (Declaration) Order, 2001

National Heritage Conservation Commission (National Monument) (Mulobezi Open Air Railway Museum) (Declaration) Order, 2009

National Heritage Conservation Commission (National Monument) (Libala Limestone) (Declaration) Order, 2009

National Heritage Conservation Commission (National Monument) (Kato Kota Hills Reserve) (Declaration) Order, 2009

National Heritage Conservation Commission (President Park) (National Monument) (Declaration) Order, 2009

National Monuments (Entry and User Fees) Regulations, 2010

National Heritage Conservation Commission (Barotse Cultural Landscape) (National Monument) (Declaration) Order, 2013

CANCELLATION OF THE DECLARATION OF A NATIONAL MONUMENT

[Section 27]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

SI 222 of 1992.

The declaration of the Monument described in the Schedule hereto as a National Monument is hereby cancelled and Government Notice No. 9 of 1958 and Gazette Notice No. 1413 of 1972 are hereby cancelled.

SCHEDULE

OLD GOVERNMENT HOUSE, LIVINGSTONE

Old Government House is a brick and timber building situated on Crown land on Plot No. 209 at the junction of Sackville Street and Queensway, Livingstone. This notice relates only to Plot No. 209 together with those parts of the building shaded red on a plan deposited with the National Heritage Conservation Commission, signed by the Surveyor-General and dated the 14th December, 1957.

Originally a hotel, this building was taken over in 1907 as the Residency and Headquarters of the British South Africa Company's Administrator of North-Western Rhodesia. It remained the residence of the Administrators after the amalgamation of North-Western and North-Eastern Rhodesia in 1911 and of the Governors of Northern Rhodesia from 1924 until 1935 when the capital of the Territory was transferred to Lusaka. A good example of the style of building constructed in the Territory in the early years of the century, it is also the most historic house in the country and is in a good state of preservation. Much of the original furniture is also in existence.

NATURAL AND HISTORICAL MONUMENTS AND RELICS BY-LAWS

[Section 16]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of By-Laws

   By-Law

   1.   Title and application

   2.   Prohibited acts

   3.   Additional prohibited acts

   4.   Prohibition of certain acts except under the authority of a permit from the Commission

   5.   Penalty

      SCHEDULE

GN 120 of 1954,

GN 68 of 1957.

[By-laws made by the Commission with the approval of the Minister]

1.   Title and application

These By-laws may be cited as the Natural and Historical Monuments and Relics By-laws and shall apply to all national monuments, ancient monuments and ancient workings under the control of the Commission, other than those mentioned in the Schedule.

[Am by No. 68 of 1957.]

2.   Prohibited acts

No person, other than a person duly authorised by the Commission, shall in or in respect of any ancient or national monument or ancient working do or attempt to do any of the following acts–

       (a)   destroy, damage, injure, deface or remove any tree, shrub or other vegetation; or

      (b)   injure, deface, destroy or remove any monument, notice-board, fencing or other structure lawfully erected; or

      (c)   roll any rock from its natural position; or

      (d)   fire any grass, undergrowth or trees:

Provided that–

      (i)   any bona fide picinic party may light fires for cooking purposes on condition that any fires so lighted shall be effectively prevented from spreading and shall be extinguished before being left by the person or persons who lighted them;

      (ii)   such fires shall not be lighted in any place where they are likely to spread or cause damage to any monument or relic; or

      (e)   mark, deface, alter or in any way attempt to destroy or interfere with any petroglyph or drawing or painting on stone or any portion of the rock face containing the same.

3.   Additional prohibited acts

No person shall, within any area or place which has been duly proclaimed to be an ancient or national monument or ancient working or adjacent thereto, do or attempt to do any of the following acts–

      (a)   commit any nuisance or use any latrine or lavatory for any purpose other than that for which it was intended; or

      (b)   throw away or leave any litter or rubbish of any description, except in the receptacles provided therefor.

4.   Prohibition of certain acts except under the authority of a permit from the Commission

No person shall, except by written authority from the Commission and subject to such conditions as the Commission may attach thereto, do or attempt to do any of the following acts within any area or place which has been duly proclaimed to be a national monument–

      (a)   hawk any goods or carry on any trade or business; or

      (b)   drive, or cause to be driven any vehicle or bicycle over any part of the area of a national monument (other than over a recognised public road) where the driving of such vehicle or bicycle is shown to be prohibited by any notice-board erected in a suitable position by the Commission; or

      (c)   kill, hunt, capture or unlawfully molest by any method any wild animal (excluding fish) or bird; or

      (d)   carry any firearm, airgun, catapult or other offensive weapon; or

      (e)   in any river, stream or lake take fish by any method other than by rod and line; or

      (f)   encamp or reside elsewhere than on sites specially set aside by the Commission for that purpose; or

      (g)   construct any building, shelter or other erection; or

      (h)   search for by means of either excavation or surface operations or remove any objects of archaeological or palaeontological or anthropological interest; or

      (i)   trace or attempt to make a tracing or rubbing or squeeze of any petroglyph or drawing or painting on stone; or

      (j)   clear, cultivate or break up land for cultivation or for any other purpose; or

      (k)   graze cattle or other domestic animals.

5.   Penalty

Any person contravening or attempting to contravene any of these By-laws, or any condition attached to any permit issued under these By-laws, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding seven hundred and fifty penalty units.

[Am by Act 13 of 1994.]

SCHEDULE

[By-law 1]

The area declared to be a national monument by Government Notice No. 222 of 1954, and known as the Hippo Pool, Chingola. (No. 68 of 1957)

ANCIENT MONUMENTS RULES

[Section 15 ]

[RETAINED UNDER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Rules

   Rule

   1.   Title

   2.   Members of Commission

   3.   Meetings of Commission

   4.   Keeping of minutes

   5.   Appointment of committees

   6.   Committees

   7.   Procedure at meetings

   8.   Period of membership

   9.   Resignation of members

   10.   Vacancies

   11.   Allowances

Act 13 of 1994,

GN 90 of 1948,

GN 109 of 1949,

GN 69 of 1957,

GN 226 of 1964.

[Rules by the Minister]

1.   Title

These Rules may be cited as the Ancient Monuments Rules.

2.   Members of Commission

   (1) The Commission shall consist of not less than three members.

   (2) A quorum of the Commission shall consist of three members.

   (3) The chairman of the Commission shall be appointed by the Minister and shall convene all meetings. If at any meeting of the Commission the chairman is absent, the members present shall choose one of their number as chairman of that meeting.

   (4) Should any three members desire to call a meeting, they shall notify the secretary to the Commission by means of a communication signed by all three of them, and the secretary shall forthwith issue a written notice of such meeting to the chairman and all members of the Commission, fixing the date thereof for a day not less than five weeks later than the receipt of the notice by the secretary.

   (5) The member presiding as chairman at any meeting of the Commission shall have a deliberative as well as a casting vote.

   (6) Subject to sub-rule (5), a decision of the majority of the members of the Commission present at any meeting shall be deemed to be a decision of the Commission.

[Am by No. 226 of 1964.]

3.   Meetings of Commission

The Commission shall meet not less than twice annually. Meetings shall be held at a centre or centres to be decided upon by the chairman, as circumstances may demand; one meeting shall take place before the 30th June in each year and the second before the 31st December in each year, the latter to be convened in time for consideration of the annual estimates.

4.   Keeping of minutes

   (1) The secretary shall keep minutes and other records and conduct the correspondence of the Commission in such manner as the Commission shall decide.

   (2) The minutes of each meeting of the Commission shall be laid before the next following meeting. When such minutes are approved by the Commission, the chairman shall sign the same, and they shall then be deemed for all purposes to be a true and complete record of the proceedings of the Commission at the meeting to which they purport on their face to relate.

5.   Appointment of committees

The Commission may resolve itself into committees of one or more members for the purpose of special inquiry, investigation and report.

6.   Committees

The Commission may appoint special committees for the purpose of exercising all or any of the powers and duties set out in section 7, or of enforcing any by-laws made under the provisions of section 16, of the Act in respect of particular areas.

[Am by No. 69 of 1957.]

7.   Procedure at meetings

The proceedings at each meeting of the Commission or any special committee shall be conducted in such order and such manner as the chairman, with the approval of the Commission or committee, shall from time to time decide.

[Am by No. 109 of 1949.]

8.   Period of membership

Members of the Commission or any special committee shall hold office for a period of five years.

[Am by No. 109 of 1949.]

9.   Resignation of members

Any member may resign from the Commission or any special committee at any time. Such resignation shall be in writing and shall be addressed to the chairman, and shall take effect from the date on which it is accepted.

[Am by No. 109 of 1949.]

10.   Vacancies

The secretary to the Commission shall notify the chairman of all vacancies in the membership of the Commission or any special committee.

[Am by No. 109 of 1949.]

11.   Allowances

Members of the Commission or any special committee will be allowed their travelling expenses to and from the meetings of the Commission or committee, and when travelling on special business connected with either of these bodies. If motor transport is used, mileage allowance at Government rates will be paid. Members who travel to centres other than their place of residence will be entitled to subsistence allowance at Government rates whilst on duty connected with the work of the Commission or any special committee.

[No. 109 of 1949]

HIPPO POOL, CHINGOLA, BY-LAWS

[section 16]

[RETAINED UNDER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of By-Laws

   By-Law

   1.   Title and application

   2.   Interpretation

   3.   Permits in respect of prohibited acts

   4.   Acts prohibited within the Area

   5.   General Penalty

GN 70 of 1957.

[By-laws made by the Commission with the approval of the Minister]

1.   Title and application

These By-laws may be cited as the Hippo Pool, Chingola, By-laws and shall apply only to the Area.

2.   Interpretation

In these By-laws, unless the context otherwise requires–

"the Area" means the area declared to be a national monument by Government Notice No. 222 of 1954, and known as the Hippo Pool, Chingola;

"the Conservancy" means the special committee appointed by the Commission, under the provisions of rule 6 of the Ancient Monuments Rules, to control and administer the Area;

"permit" means a permit granted under the provisions of by-law 3.

3.   Permits in respect of prohibited acts

   (1) The Conservancy may grant to any person or class of persons a written permit empowering such person or class of persons to do any act which would otherwise be prohibited by the provisions of these By-laws.

   (2) The Conservancy may attach such terms and conditions to any permit as to the Conservancy may seem necessary, and any person who contravenes or fails to comply with any such term or condition shall be guilty of an offence.

   (3) A permit shall remain in force for such period, not exceeding twelve months from the date thereof, as may be specified therein.

   (4) The Conservancy may revoke, alter or amend any permit at any time upon giving reasonable notice in writing in that behalf to the person to whom the permit was granted.

4.   Acts prohibited within the Area

Any person who does any of the following acts within the Area shall be guilty of an offence–

      (a)   kills, hunts, captures, snares or wilfully molests by any method or in any manner any wild animal, other than fish, or takes, destroys or disturbs the nest or eggs of any such animal:

Provided that this paragraph shall not apply to noxious insects or to the nest or eggs of crocodiles–

      (b)   takes fish in any river, stream or pool by any method other than by rod and line;

      (c)   carries, elsewhere than on the road running between Chingola and Chililabombwe, or uses any firearm, airgun, catapult, bow, arrow, spear, trap or snare;

      (d)   keeps any dog or other animal or has any dog which is not under control;

      (e)   grazes cattle or other domestic animals;

      (f)   clears, cultivates or breaks up land for cultivation or for any other purpose;

      (g)   destroys, damages, injures, defaces or removes any tree, shrub, flower or other vegetation;

      (h)   makes any excavation, otherwise than in pursuance of the requirements of paragraph (k), or removes from its site any soil, sand, earth or stone;

      (i)   injures, defaces, destroys, removes or otherwise interferes with any structure lawfully erected or any sign, notice-board or monument;

      (j)   throws or leaves any litter or rubbish of any description in any place other than in the rubbish bins or receptacles provided:

Provided that if no bin or receptacle is provided, such litter or rubbish shall be buried, burnt or carried away–

      (k)   discards any burning object or sets fire to any grass, undergrowth or trees:

Provided that fires may be lighted for cooking or other purposes on condition that such fires–

      (i)   shall not be lighted in any place where they are likely to lead to uncontrolled fires;

      (ii)   shall be extinguished, before being left, by the person or persons who lighted them;

      (l)   constructs any landing-stage or landing-place or any building, shelter or other erection;

      (m)   hawks any goods or carries on any trade or business;

      (n)   begs or collects any money or exhibits any bill or poster;

      (o)    hires boats, or carries any passengers in boats, for or in expectation of gain or reward;

      (p)   enters any part of the Area where such entry is shown to be prohibited by a notice-board or other sign erected by the orders of the Commission or of the Conservancy;

      (q)   drives any vehicle, elsewhere than on the road from Chingola to Chililabombwe, at a speed exceeding twenty-five miles an hour;

      (r)   drives or causes to be driven any vehicle over any part of the Area where there is no road or parking place, or over any road or parking place which has been closed by the Conservancy by means of a fence, line of stones, ditch or other obstruction, or which is shown to be closed by a notice erected by the orders of the Conservancy;

      (s)   encamps or resides elsewhere than on sites specifically set aside by the Conservancy for such purpose or otherwise than in accordance with such conditions as the Conservancy may from time to time impose;

      (t)   unnecessarily causes or makes any noise or behaves in any other manner which is likely to disturb or cause annoyance to any other person:

Provided that this paragraph shall not apply to the noise necessarily made by the engine of any boat or craft.

5.   General Penalty

Any person guilty of an offence against these By-laws shall be liable to a fine not exceeding seven hundred and fifty penalty units.

[Am by Act 13 of 1994.]

NATIONAL MONUMENTS (ENTRY FEES) REGULATIONS

[Section 49]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION ANDGENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Entry fees

      SCHEDULE

Act 13 of 1994,

SI 181 of 1993.

[Regulations by the Minister]

1.   Title

These Regulations may be cited as the National Monuments (Entry Fees) Regulations.

2.   Entry fees

Every vehicle or person entering a National Monument, camping, fishing, boating, commercial filming, video recording, exporting relics or affiliated to National Heritage Conservation Commission, shall pay to the Commission the appropriate fee set out in the Schedule hereto.

SCHEDULE

[Regulation 2]

ENTRY FEES

Resident Tourists

Non-Resident Tourists

Adult

Child

Adult Child

(above 18)

(below 18)

(above 18) (below 18)

1. Site

Fee units

US$ or equivalent

Railway Museum

5

2 per person per day

5 per person per day

Field Museum

4

2 per person per day

2 1 per person per day

Chilenje House

3

1 per person per day

2 1 per person per day

Zambezi Source

3

1 per person per day

(as for locals)

Kundalila Falls

3

1 per person per day

(as for locals)

Kalambo Falls

3

1 per person per day

(as for locals)

Nachikufu Cave

3

1 per person per day

(as for locals)

Chishimba Falls

3

1 per person per day

(as for locals)

Lumangwe Falls

3

1 per person per day

(as for locals)

Ntumbachushi

3

1 per person per day

(as for locals)

Falls State delegation/school parties on application

child under 5 years

Free

Free

Free Free

Residents of falls area

Free

Free

Free Free

2. Vehicle Entry fee:

Kalambo Falls

3 per day

Equivalent of local fees

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