TOURISM AND HOSPITALITY ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
TOURISM DEVELOPMENT, POLICY AND PLANNING

   3.   General power of Minister for tourism development

   4.   Tourism planning and policy

   5.   Tourism amenities, transport and infrastructure

   6.   Tourism priority areas, protected areas and designated areas for rural and urban tourism development

   7.   Sustainable tourism

   8.   International cooperation, agreements and instruments

   9.   Code of ethics and stakeholders forum

PART III
THE ZAMBIA TOURISM AGENCY

   10.   Establishment of Zambia Tourism Agency

   11.   Seal of Agency

   12.   Functions of Agency

   13.   Relations and cooperation with regulatory agencies and other authorities

   14.   Board of Agency

   15.   Functions of Board

   16.   Committees of Board

   17.   Delegation of functions and directions

   18.   Director and other staff

PART IV
TOURISM DEVELOPMENT INTERVENTIONS AND INCENTIVES

   19.   Regulatory service centres

   20.   Incentives

   21.   Micro and small enterprise development

   22.   Interventions, benefits and withdrawal of benefits

PART V
LICENSING OF TOURISM ENTERPRISES

   23.   Single licensing system

   24.   Conditions for operating tourism enterprise and commencement of business

   25.   Conditions for grant of licence or certificate for accommodation establishment

   26.   Application for licence

   27.   Consideration and issue of licence

   28.   Rejection of application for licence

   29.   Conditions of licence and obligation of licensee

   30.   Display of licence

   31.   Assignment, cession or transfer of licence

   32.   Amendment or variation of licence

   33.   Surrender of licence

   34.   Suspension or revocation of licence

   35.   Renewal of licence

   36.   Prepaid package tours

PART VI
REGISTRATION AND CERTIFICATION OF MICRO AND SMALL TOURISM ENTERPRISES

   37.   Registration of micro and small tourism enterprise

   38.   Issue and display of certificate of registration

   39.   Refusal to register

   40.   Variation, suspension and revocation of registration

   41.   Surrender of certificate

   42.   Prohibition of transfer, cession or assignment of certificate

   43.   Replacement of lost or destroyed certificate

PART VII
ACCOMMODATION ESTABLISHMENTS

   44.   Classification and grading of accommodation establishments

   45.   Application for grading and grading factors of accommodation establishment

   46.   Insignia

   47.   Regrading of accommodation establishment

   48.   Register of Graded Accommodation Establishments

   49.   Publication of classified and graded accommodation establishments

   50.   Register of guests

   51.   Lien over goods or personal property

   52.   Liabilities of hotelkeeper, proprietor or hotel administration

   53.   Settlement of boarding rates and other charges

   54.   Service charge and tips

PART VIII
REGISTRATION OF HOTEL MANAGERS

   55.   Hotel Managers Registration Council

   56.   Functions of Council

   57.   Proceedings of Council

   58.   Registration of hotel managers

   59.   Practising certificate

   60.   Cancellation of registration or practising certificate

   61.   Offences relating to registration and practising certificates

   62.   Offences related to registration

   63.   Register of hotel managers

PART IX
THE TOURISM DEVELOPMENT FUND

   64.   Establishment of Fund and tourism levy

   65.   Administration of Fund and accounts

   66.   Annual report and statement of income and expenditure

PART X
QUALITY ASSURANCE

   67.   Tourism levy officers, inspectors and grading assessors

   68.   Powers of levy officer, inspector and grading assessor

   69.   Inspections by committee

PART XI
GENERAL PROVISIONS

   70.   Register of licences and certificates

   71.   Appeals to Minister

   72.   Prohibitions and authorisations

   73.   Tourism training

   74.   Health and social welfare

   75.   Safety of tourists and employees

   76.   Prohibition of execution over property of Agency

   77.   Offences by body corporate or unincorporated body

   78.   General offences

   79.   General penalty

   80.   Regulations

   81.   Repeal of Act No. 23 of 2007 and Act No. 24 of 2007

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to provide for the sustainable development of the tourism industry through effective tourism planning, management, promotion and coordination to ensure sustainable tourism; provide for an enabling and facilitating environment for the growth of the tourism industry by ensuring that Zambia responds to changing tourism trends in the macro and competitive tourism market environment; provide effective mechanisms for coordination amongst the Government, private sector and local communities for the sustainable development of tourism through public-private partnerships and community participation; provide for integration of tourism into national development planning, budgeting and decision-making processes related to infrastructure development, environmental management and protection and empowerment of local communities; strengthen linkages and co-ordination between tourism development and key subsectors such as arts and culture, heritage, transport, education, energy, forestry, fisheries, wildlife and water resource management by using a whole of Government approach; ensure that the tourism value chain is enhanced by positive linkages between tourism and supporting services and sectors, including police, immigration, customs, health and safety; establish the Zambia Tourism Agency and constitute the Board of the Agency and provide for their functions; regulate tourism enterprises and tourism-related services and enforce standards of operation and service; establish the Tourism Development Fund and provide for its administration; repeal the Tourism and Hospitality Act, 2007, and the Zambia Tourism Board Act, 2007; and provide for matters connected with, or incidental to, the foregoing.

[6th November, 2015]

Act 13 of 2015,

SI 83 of 2015.

PART I
PRELIMINARY

 

1.   Short title

This Act may be cited as the Tourism and Hospitality Act .

 

2.   Interpretation

In this Act, unless the context otherwise requires—

“accommodation establishment” means a place in or on which the business of providing accommodation, with or without any other tourism-related services, are conducted for gain, such as a hotel, guesthouse, bed and breakfast, bush camp, camping site and caravan park, backpacker, boarding house, hostel and self-catering facility and any building or premises used for accommodation by the public and in which lodging is provided and provisions are supplied by a hotelkeeper or proprietor, but does not include a Government rest house or a company guesthouse catering specifically for its employees or a school, college or university hostel as the Minister may prescribe by statutory instrument;

“Agency” means the Zambia Tourism Agency established under section 10;

“AIDS” means Acquired Immune-Deficiency Syndrome;

“agrotourism” means any agricultural-related activity that attracts visitation for leisure, entertainment or educational purposes;

“Board” means the Board of the Agency constituted in accordance with section 14;

“certificate” means a certificate of registration issued to a micro or small tourism enterprise in accordance with section 38;

“certificate holder” means a micro or small tourism enterprise that holds a certificate of registration issued in accordance with section 38;

“classification” means the process of determining the type of an accommodation establishment by size, target market, level of service, ownership or affiliation;

“committee” means a committee of the Board constituted pursuant to section 16;

“consumptive tourism” means tourism which involves tangible products extracted from the environment, such as fishing and hunting;

“Council” means the Hotel Managers' Registration Council constituted under section 55;

“creative tourism” means travel directed towards an engaged and authentic experience, with participative learning in the arts, heritage or special character of a place and provides a connection with the residents of that place and creates a living culture;

“cultural tourism” means an activity which enables people to experience different ways of the life of other people thereby gaining at first hand an understanding of other people’s customs, traditions, the physical environment and intellectual ideas, and includes places of architectural, historic, archaeological or other cultural significance;

“cultural industries” means industries that combine creation, production and commercialisation of content in the form of goods and services that are intangible and cultural in nature and which content is protected by copyright;

“Director” means the person appointed as Director of the Agency in accordance with section 18;

“domestic tourism” means providing tourist related services to residents and citizens and appreciating and accessing tourist related services by residents and citizens;

“eatery” means a place that serves food and beverages for reward;

“eco-tourism” means responsible travel to natural areas that conserves the environment and improves the well-being of the local people;

“environment tourism” means travel to unique and endangered areas that is directly dependent on the use of natural resources in a relatively undeveloped state, including scenery, topography, water features, vegetation and wildlife;

“e-tourism” means an electronic system or platform—

   (a)   where a tourist may obtain information on destinations, facilities, prices, geography and climate;

   (b)   which makes bookings for tourism enterprises, accommodation establishments, flights and transport; and

   (c)   which enables the marketing of tourism products and tourism-related services;

“e-visa” means—

   (a)   an application process that is undertaken electronically instead of physically by visiting a given location;

   (b)   an electronic implant in, or electronic strip attached or affixed to, a passport which is used for authorising a traveller to enter Zambia; or

   (c)   a database that keeps track of who has authorisation to enter Zambia;

“excursionist” means a person who temporarily visits a destination and stays for less than 24 hours for the purpose of leisure or business, but not for transit purposes;

“Fund” means the Tourism Development Fund established under section 64;

“grading” means the assigning of a grading star to an accommodation establishment or other tourism-related service;

“grading assessor” means an inspector who is responsible for grading tourism enterprises;

“HIV” means Human Immuno-Deficiency Virus;

“hotelkeeper” means a person responsible for keeping an accommodation establishment;

“insignia” means a depiction, sign or symbol which by itself or in conjunction with another depiction, sign or symbol and together with the emblem of the Agency, indicate the classification or grading awarded in respect of an accommodation establishment or other tourism-related service;

“inspector” means a person appointed by the Board as an inspector in accordance with section 67, or an inspectorate committee of the Board, or a joint committee of regulatory agencies;

“insurance cover” means an amount of money due on demand, to the Agency, to cover disbursements to a customer of a travel agent or tour operator that has failed to fulfil its financial or contractual obligations with respect to that customer;

“levy officer” means an officer appointed by the Minister, under section 67, with authority over execution of levy on a tourism enterprise;

“licence” means a tourism and hospitality licence issued to a tourism enterprise in accordance with section 27;

“licensee” means a holder of a tourism and hospitality licence;

“licensing” means a process to obtain or issue a licence, permit or certificate in accordance with this Act and the Business Regulatory Act, 2014;

“local authority” has the meaning assigned to it under the Local Government Act;

“market intelligence” means the external data collected and analysed by a business about markets that it anticipates participating in with the intention of using the data in making decisions;

“medical tourism” means the process of travelling outside the country of residence for the purpose of receiving medical care;

“micro-tourism enterprise” has the meaning assigned to it in the Zambia Development Agency Act, 2006;

“mining tourism” means a type of tourism that involves travel to operational or non-operational mining sites in Zambia, for purposes of appreciating mining, heritage and development for leisure, education and research;

“nature tourism” means tourism directly dependent on the use of natural resources, such as scenery, topography, water features, flora and fauna, in a relatively undeveloped state;

“non-consumptive tourism” means conventional tourist activities such as viewing animals, photographying, bird watching, wilderness walks, walking safaris, angling, canoeing and boat rides;

“package tour” means the pre-arranged combination of at least two of the following components, which are sold or offered for sale at an inclusive price and where the service covers a period of more than 24 hours—

   (a)   accommodation;

   (b)   transport; or

   (c)   other tourism-related services that are not supplementary to accommodation or transport and accounting for a significant proportion of the package;

“permit” means an authorisation issued to a licensee or certificate holder consisting of a permisshority under another law, whether in the form of a licence, permit, certificate or written authorisation;

“police officer” means a police officer of, or above, the rank of sergeant;

“proprietor” means a person who owns or operates a tourism enterprise;

“railway tourism” means a type of tourism that uses facilities of trains and rail systems;

“registered tourism enterprise” means a business that is registered as a tourism enterprise under the Companies Act or Registration of Business Names Act, 2011;

“registration” means registration as a micro or small tourism enterprise in accordance with section 38;

“regulatory agency” means the Minister for the time being having responsibility for, or such public or statutory officer or body having regulatory powers to enforce, the laws governing tourism-related services or other activity impacting or related to tourism, and includes a Minister, public or statutory officer, body or institution under the following laws—

   (a)   the Business Regulatory Act, 2014;

   (b)   the Zambia Wildlife Act, 2015;

   (c)   the Environmental Management Act, 2011;

   (d)   the Water Resources Management Act, 2011;

   (e)   the Water Supply and Sanitation Act, 1997;

   (f)   the National Heritage Conservation Commission Act;

   (g)   the Lands Act;

   (h)   the National Museums Act;

   (i)   the Fisheries Act, 2011;

   (j)   the Forests Act, 2015;

   (k)   the Urban and Regional Planning Act, 2015;

   (l)   the Public Health Act;

   (m)   the Food and Drugs Act;

   (n)   the Liquor Licensing Act, 2011;

   (o)   the Standards Act;

   (p)   the Local Government Act;

   (q)   the Public-Private Partnership Act, 2009;

   (r)   the Zambia Development Agency Act, 2006;

   (s)   the Citizens Economic Empowerment Commission Act, 2006;

   (t)   the Civil Aviation Authority Act, 2012;

   (u)   the Companies Act;

   (v)   the Registration of Business Names Act, 2011;

   (w)   the National Arts Council of Zambia Act;

   (x)   the Theatres and Cinematography Act;

   (y)   the Aviation Act; and

   (z)   the Patents and Companies Registration Agency Act, 2010;

“regulatory clearance system” has the meaning assigned to it in the Business Regulatory Act, 2014;

“regulatory requirement” has the meaning assigned to it in the Business Regulatory Act, 2014;

“regulatory services centre” has the meaning assigned to it in the Business Regulatory Act, 2014;

“repealed Acts” the Tourism and Hospitality Act, 2007 and the Zambia Tourism Board Act, 2007;

“responsible tourism” means tourism that maximises the benefits of tourism to local communities, minimises negative social or environmental impact and helps local people conserve cultures, habitats and species;

“restaurant” means an eatery, which meets prescribed minimum requirements, with waiters’ services, but does not include—

   (a)   a workers’ or staff canteen maintained for the use of persons employed in any particular undertaking;

   (b)   an eatery where food or beverage is supplied only to persons who reside or board at such premises; or

   (c)   an informal eating place which falls below the minimum prescribed requirement of a restaurant;

“single licensing system” means the system established in accordance with section 23 of the Business Regulatory Act, 2014;

“small tourism enterprise” has the meaning assigned to it in the Zambia Development Agency Act, 2006;

“sport-tourism” means the experience of travel to engage in or view sport-related activities;

“sustainable development” means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs;

“sustainable tourism” means tourism that attempts to make a low adverse impact on the environment and local culture while helping to generate future opportunities for the local people and which aims to ensure that development brings about a positive experience for local people, business enterprises and tourists;

“tax-related laws” means laws relating to or providing for taxation, customs and excise duties, value added tax and levies;

“tourism” means the activities of persons travelling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes, and includes cultural tourism, family tourism, health tourism, sports tourism, education tourism, mining tourism, heritage tourism, eco-tourism and wildlife tourism;

“tourism amenities” means accommodation, catering facilities, retailing and other tourism-related services;

“tourism competitiveness” means indicators showing the increase in earnings or receipts per visitor or tourist to Zambia, relative to other countries;

“tourism enterprise” means an accommodation establishment, casino, tour operation business, travel agent, amusement or theme park, air charter and gliding business, water sport, a vehicle or vessel leasing business, a house boat, a hunting safari, wilderness walks, camping, back-packing, mountain climbing, sight-seeing, tour guide or travel service, tourism guide rescues, a restaurant, a discotheque, a convention, a conference centre, an enterprise or person catering for tourists or events or providing outside catering services, an exhibition or any other business activity declared by the Minister by statutory instrument;

“tourism facility” means a place, thing or premises managed by a tourism operator and which regularly or occasionally provides services or products for utilisation by tourists or visitors for purposes other than the exercise of an activity remunerated from within the place visited;

“tourism industry” means activities, commercial developments and services in the tourism sector and businesses operating in the tourism sector;

“tourism infrastructure” means an infrastructure that facilitates tourism such as roads, bridges, buildings, railways, airports, airstrips, telecommunications, sanitation and accommodation facilities or that facilitates artistic and cultural related activities;

“tourism levy” means a levy imposed under section 50;

“tourism operator” means a person who conducts or operates a tourist facility or who is responsible for its management;

“tourism product” means a person, natural resource, thing, heritage, location or activity which gives or is intended to give Zambian tourism a competitive edge in the international tourism market;

“tourism product development” means designing or developing new tourism products to meet the needs of national and international tourists and which improves the profitability, competitiveness and affordability of tourism and increases services available for tourists;

“tourism product diversification” means a process aimed at increasing the competitiveness of the country’s tourism industry by expanding the scope and diversity of existing and potential tourism resources;

“tourism-related service” includes transport, fishing, spa treatment, taxis, arts and cultural centres, carnivals, festivals, fairs, outside catering or other business activity related to tourism as the Minister may declare by statutory instrument;

“tourism satellite account” means a statistical instrument designed to measure tourism-related services or goods and their economic impact on Zambia’s national economy;

“tourist” means a visitor, from outside or within Zambia, who travels to and stays in places outside that vistor’s usual place of residence for more than 24 hours and not more than one consecutive year for—

   (a)   a holiday;

   (b)   recreation;

   (c)   entertainment;

   (d)   health;

   (e)   study;

   (f)   religion;

   (g)   sport;

   (h)   business;

   (i)   a meeting;

   (j)   visiting a friend or relative; or

   (k)   work that is not remunerated from within the country;

“tourist attraction” means a specific and generic feature of a destination that attracts tourists;

“tourist destination” means a visited place that is central to the decision to take the trip;

“tourist guide” means a person who, for reward or otherwise, accompanies a tourist and provides the tourist with information and commentaries on any matter related to tourism or tourism products;

“tourist product” means tourist attractions, activities, accommodation and other tourist facilities and services, including the infrastructure that serves the attractions, activities, facilities and services;

“tour operator” means a person who arranges package tours for the purpose of selling or offering for sale;

“travel services” means accommodation or transport combined with any other tourism-related services;

“United Nations World Tourism Organisation” means the global intergovernmental United Nations organisation for travel and tourism;

“visitor” means a person taking a trip, outside that person’s usual environment for less than a year, for business, leisure or other personal purpose other than to be employed in the country or place that the person visits;

“voluntourism” means the practice of individuals going on a working holiday, volunteering their labour for worthy causes such as aiding or alleviating material poverty of certain groups in society, restoring specific environments, or researching into certain aspects of the society or environment, in an organised manner, whilst enjoying tourist products;

“whole of Government approach” means an approach or coordination system where more than one regulatory agency and other public authority combine their expertise to address challenges or provide services or products in the tourism sector and other related sectors;

“wildlife tourism” means tourism undertaken to view or encounter wildlife, classified as consumptive or non-consumptive tourism; and

“Zambia Institute for Tourism Studies” means the Zambia Institute for Tourism and Hospitality established under the Tourism and Hospitality Act, 2015.

PART II
TOURISM DEVELOPMENT, POLICY AND PLANNING

 

3.   General power of Minister for tourism development

   (1) The Minister shall be responsible for the development of sustainable tourism that is economically, culturally, socially and environmentally sustainable and which maximises socio-economic benefits, job creation and local investment opportunities for Zambians and their national heritage.

   (2) The Ministry responsible for tourism shall, for the purposes of sub-section (1)—

   (a)   optimise the social, cultural, economic and environmental benefits of tourism in order to promote sustainable tourism;

   (b)   increase the contribution of the tourism industry to national income, foreign exchange earnings, employment and public revenue;

   (c)   encourage and facilitate public private partnerships in accordance with the Public-Private Partnership Act, 2009, in the development of the tourism sector;

   (d)   promote private sector investment and local community participation in the development of tourism and tourism-related services;

   (e)   in collaboration with other institutions, remove barriers affecting the development of tourism to its full potential, including the cost of travel;

   (f)   encourage diversification of tourism products to create unique, authentic and treasured experiences;

   (g)   incorporate commercial entities to undertake business activities, on behalf of the Government, for and in relation to meetings, incentives, conferences, exhibitions and other tourist related services, as the Government considers appropriate in the public interest;

   (h)   hold and facilitate meetings, incentives, conferences and exhibitions for the development of the tourism sector;

   (i)   undertake, in collaboration with the Minister responsible for finance, a periodic assessment and audit of tourism-related services and goods using the tourism satellite account;

   (j)   increase the tourism industry’s contribution to reduction of poverty; and

   (k)   administer the Tourism Development Fund.

   (3) The Ministry responsible for tourism shall take a whole of Government approach in achieving the objectives of sub-section (1) and shall, in so doing—

   (a)   facilitate urban and regional planning for tourism and cultural tourism that prioritises tourism product development;

   (b)   promote the development of cultural tourism;

   (c)   provide technical assistance in terms of patents in creative and cultural industries;

   (d)   facilitate export earnings from tourism services through increased liberalisation of trade in services;

   (e)   provide technical support in tourism and cultural research;

   (f)   integrate information and communication technology in tourism;

   (g)   facilitate tax and other incentives to the tourism sector for increased investment;

   (h)   take measures to create employment in the tourism sector;

   (i)   assist with maximising the number of women entrepreneurs and employees in tourism and coordinate gender mainstreaming;

   (j)   collaborate on the development of recreational facilities and family theme parks;

   (k)   promote visa exemptions, where appropriate, and facilitate the use of e-visas;

   (l)   facilitate exit and other surveys for tourists;

   (m)   protect and administer copyright and intellectual property rights related to tourism, arts and culture;

   (n)   encourage the development of mining, health, sport, academic, railway and environment tourism;

   (o)   promote children and youth participation in tourism;

   (p)   make tourism accessible for persons with disabilities; and

   (q)   promote indigenous knowledge and folklore.

   (4) The Ministry responsible for tourism shall, for the purposes of sub-sections (1) and (2), liaise, consult, collaborate and cooperate with relevant regulatory agencies in the development of the tourism industry and may, for such purposes, have joint programmes, plans, strategies and policies, taking into account the national decentralisation policy of the Government.

   (5) The Ministry responsible for tourism shall ensure that a strategic environment assessment is conducted for tourism development activities in line with the Environmental Management Act, 2011.

 

4.   Tourism planning and policy

   (1) The Minister shall develop policies for the efficient and effective integrated planning, optimum promotion and development of tourism and the tourism industry.

   (2) The Minister shall, in the development of policies in accordance with sub-section (1), put in place measures to—

   (a)   maximise the application of sustainable tourism and sustainable development in planning and developing tourism in priority areas, protected areas and designated areas for rural and urban development;

   (b)   focus on sustainable tourism;

   (c)   commission the development of tourism master plans, circuits and corridors;

   (d)   ensure the mainstreaming of gender and environment into programmes and activities relating to tourism and the tourism industry;

   (e)   improve tourism market intelligence and maintain inventories of both products and assets that are critical to sustainable tourism planning;

   (f)   ensure capacity building in the tourism sector;

   (g)   facilitate consultation with local communities on sustainable tourism planning and conservation, including training on local management of tourism;

   (h)   facilitate coordination with stakeholders on implementation, monitoring and evaluation in designated development areas;

   (i)   designate sites for tourism development based on local, natural and cultural sensitivities, competitive advantage, market demand and private sector interest;

   (j)   facilitate investment in new and existing tourism products and experiences in designated sites, especially in art, cultural heritage and creative industries;

   (k)   stimulate investment in urban-based tourism products such as theme parks, facilities and services for meetings, conferences and exhibition markets;

   (l)   facilitate local investment and development in tourism;

   (m)   undertake tourism product development; and

   (n)   develop and implement a classification and grading system for accommodation establishments and other appropriate tourism-related services as may be prescribed, by the Minister, by statutory instrument.

 

5.   Tourism amenities, transport and infrastructure

   (1) The Minister shall, in collaboration with relevant regulatory agencies and other authorities, ensure that Zambia becomes a regional transport, trade and tourism hub through improved transport, infrastructure and related services such as health, immigration, safety, security and customs.

   (2) The Ministry responsible for tourism shall, for the purposes of sub-section (1), in collaboration and liaison with relevant regulatory agencies and other authorities—

   (a)   mobilise resources for the development of tourism and the tourism industry;

   (b)   encourage and facilitate the development of amenities and facilities designed to attract tourists to Zambia;

   (c)   promote physical planning in the development of tourism infrastructure;

   (d)   facilitate the development of tourism and tourism-related infrastructure to, and in, tourism priority areas;

   (e)   facilitate the expansion of civil aviation air freedoms and civil airport marketing to increase flights and civil aviation competition towards establishing Zambian civil airports as major domestic, regional and international aviation and travel hubs;

   (f)   encourage the development of all weather access roads to tourist destinations, national parks and protected areas;

   (g)   promote international and domestic air connectivity;

   (h)   encourage the development of maritime transport;

   (i)   encourage enhanced passenger rail transport;

   (j)   coordinate with transportation authorities and airlines on improving air access through Zambian airports;

   (k)   facilitate the reduction of aviation-related fees and taxes to levels that are comparable and competitive with neighbouring countries;

   (l)   facilitate private sector owned and operated airports, roads, energy providers, educational and medical facilities in selected priority areas;

   (m)   stimulate private sector engagement to maximise benefits and minimise negative impacts of road development in protected areas from planning to implementation;

   (n)   pursue road and bridge improvements that positively impact access to tourism attractions; and

   (o)   coordinate tourism-related infrastructure development activities among Ministries.

 

6.   Tourism priority areas, protected areas and designated areas for rural and urban tourism development

   (1) The Minister shall cause to be carried out studies and surveys designed to identify—

   (a)   tourism priority areas;

   (b)   protected areas; and

   (c)   designated areas,

for rural or urban tourism development and shall, after approval of Cabinet, declare by Gazette notice such areas as tourism priority areas, protected areas and designated areas for rural or urban tourism development.

   (2) Where a protected area for rural or urban tourism development falls within a game management area or a national park, or has been declared as a protected area, under the Zambia Wildlife Act, 2015, the Ministry responsible for tourism and wildlife shall collaborate with relevant authorities in the development of the area.

   (3) The Minister shall cause to be prepared local, district and national plans for the development and promotion of areas declared in accordance with sub-section (1).

   (4) Where the Minister declares an area, as specified in sub-section (1), the Ministry responsible for finance shall prioritise and release adequate funding for the development of the area as a prime tourism destination.

 

7.   Sustainable tourism

The Minister shall promote sustainable and responsible tourism development and the Ministry responsible for tourism shall, in that respect, do the following—

   (a)   encourage quality tourism experiences that include meaningful interactions between tourists and host communities with a greater understanding and appreciation of cultural tourism;

   (b)   develop plans for tourism management and promotion that address environmental sustainability and nature tourism and ensure that all sector strategies include tangible concern for the environment, nature tourism and eco-tourism ethics;

   (c)   ensure that tourism does not deprive local communities and wildlife of access to land resources, especially along the banks and shores of rivers, dams, lagoons and lakes which they need for their livelihood and survival;

   (d)   promote tourism development and management where it can offer a competitive form of land use for local communities and be integrated into land use plans;

   (e)   facilitate the increased use of sustainable waste disposal and bio-degradable packaging;

   (f)   educate the tourism industry on ways to reduce carbon footprint;

   (g)   put in measures to eliminate or mitigate negative impacts of mining on game management areas, national parks and other protected areas;

   (h)   liaise with the relevant Ministry and intervene when mining activities may impinge on protected areas and tourism sites;

   (i)   promote and facilitate alternative and renewable energy solutions;

   (j)   encourage energy conservation and promote the transition to renewable and clean energy sources as a foundation for carbon neutral development strategies and a green growth transformation;

   (k)   facilitate incentives to tourism projects that utilise green designs or technologies which contribute to creating sustainable livelihoods and poverty reduction;

   (l)   engage local communities in planning and decision making, empower women, children and youth, and embrace the wisdom, knowledge and values of local communities in the development of tourism;

   (m)   design and implement broad public awareness campaigns, focusing on the linkages of tourism, environment, climate change, meteorology, sustainable development and broader society issues;

   (n)   approve projects that adhere to globally recognised sustainable tourism certification standards;

   (o)   protect water sources in tourist destinations and protected areas; and

   (p)   encourage research and monitoring of emerging trends related to the interconnectedness of tourism, the environment and climate change and provide web based tools for sharing and integration.

 

8.   International cooperation, agreements and instruments

   (1) The Minister shall ensure cooperation with other countries in enhancing the role of tourism for international cooperation and regional integration.

   (2) Subject to the Constitution and this Act and notwithstanding any other law, the Ministry responsible for tourism may, on behalf of the Government—

   (a)   enter into bilateral or multilateral agreements with any foreign State or organisation relating to tourism development and sustainable development;

   (b)   in liaison with other relevant Government Ministries, develop national, regional or international legal instruments for the protection and conservation of Zambia’s natural resources and encourage sustainable tourism;

   (c)   establish or strengthen research and development programmes at national, subregional, regional and international levels for the assessment of tourism and tourism-related activities and monitor such research and development programmes to ensure that they are appropriate for the needs of Zambia;

   (d)   set up mechanisms for the sharing of appropriate knowledge and technology for the collection of data and implementation of planned tourism development;

   (e)   increase cooperation with international organisations established or constituted under international instruments;

   (f)   in cooperation with other foreign States, formulate tourism-related strategies and prepare joint promotional materials; and

   (g)   participate in, and support, regional institutions that increase regional tourism cooperation and promote regional marketing and development.

   (3) The Minister shall, by statutory instrument, give effect to any international or regional agreement on tourism to which Zambia is a State Party.

 

9.   Code of ethics and stakeholder’s forum

   (1) The Minister shall develop a code of ethics in accordance with the United Nations World Tourism Organisation Code of Ethics.

   (2) All stakeholders in the tourism sector shall apply and comply, as the case may be, with the code of ethics developed in accordance with sub-section (1).

   (3) The Minister shall organise and hold a stakeholder’s forum at least once in every year to discuss and agree on matters relating to tourism and the tourism industry.

   (4) The Minister may prescribe the procedure for the conduct of meetings at the stakeholder’s forum.

PART III
THE ZAMBIA TOURISM AGENCY

 

10.   Establishment of Zambia Tourism Agency

   (1) There is established the Zambia Tourism Agency which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name and with power, 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.

   (2) The provisions of the First Schedule apply to the Agency.

 

11.   Seal of Agency

   (1) The seal of the Agency shall be such device as may be determined by the Board and shall be kept by the Secretary.

   (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Board.

   (3) A 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 Agency by the Secretary or any other person generally or specifically authorised by the Board in that behalf.

   (4) A document purporting to be a document under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

 

12.   Functions of Agency

   (1) The functions of the Agency are to market and promote Zambia as a tourist and travel destination, and regulate the tourism industry as provided under this Act.

   (2) Notwithstanding the generality of sub-section (1), the Agency shall—

   (a)   promote domestic and international tourism;

   (b)   promote cultural tourism, eco-tourism and nature tourism;

   (c)   in liaison with the Ministry responsible for tourism, collect, evaluate and disseminate information relating to—

      (i)   tourism markets and market potential;

      (ii)   trends in tourist activities, expectations and needs; and

      (iii)   competing tourism markets;

   (d)   conduct market research into local and international tourism markets;

   (e)   provide information on—

      (i)   accommodation establishments, tourism destinations and facilities in Zambia; and

      (ii)   tourist attractions and tourism-related services available to tourists in Zambia;

   (f)   negotiate and enter into agreements or arrangements relating to tourism marketing and promotion or any other matter to enhance tourist traffic within and into Zambia;

   (g)   regulate, in liaison with relevant regulatory authorities and agencies, tourism-related services and activities as delegated in this Act;

   (h)   increase the volume of and receipts from tourist arrivals;

   (i)   promote and increase tourist arrivals from non-traditional markets and grow domestic tourism;

   (j)   establish visitor and information centres;

   (k)   in collaboration with relevant regulatory agencies and bodies responsible for arts, heritage and culture, encourage the development and preservation of Zambian arts and cultural values as a tourist attraction; and

   (l)   perform any other functions as are necessary or incidental to the performance of its functions under this Act.

 

13.   Relations and cooperation with regulatory agencies and other authorities

   (1) The Agency shall liaise, consult, collaborate and cooperate with relevant regulatory agencies and other authorities in regulation and marketing of the tourism industry and may, for such purposes, have joint programmes, plans, strategies and policies, taking into account the national decentralisation policy of the Government.

   (2) The Agency, other regulatory agencies and authorities shall take a whole of government approach in achieving the objectives of sub-section (1) and shall, in so doing—

   (a)   promote agrotourism opportunities such as farm and ranch visits;

   (b)   promote traditional ceremonies;

   (c)   establish Zambian tourism marketing offices abroad;

   (d)   facilitate bilateral and multilateral agreements related to tourism marketing;

   (e)   establish and enforce public health standards and regulations in liaison with relevant authorities;

   (f)   explain and facilitate standards within the tourism industry;

   (g)   promote wellness and health tourism;

   (h)   promote and facilitate e-tourism;

   (i)   promote the security of tourists in liaison with relevant authorities;

   (j)   disseminate tourism, arts and cultural information;

   (k)   promote sports tourism; and

   (l)   carry out exit surveys for tourists.

   (3) Notwithstanding sub-sections (1) and (2), the Agency, other regulatory agencies and authorities shall—

   (a)   develop a unique identity and personality that is different from all competitive destinations;

   (b)   promote cultural tourism;

   (c)   identify tourism products and use them to approach the tourism source markets;

   (d)   apply tourism market intelligence and innovative products according to emerging travel trends;

   (e)   use market and marketing research for accurate data which can be used to formulate new strategies and policies;

   (f)   carry out continuous market research in order to identify the changing needs and trends in consumer demands, perceptions and expectations;

   (g)   monitor, evaluate and review the regional tourism marketing programmes;

   (h)   encourage the public to speak positively about Zambia’s tourism products;

   (i)   promote the safety and security of tourists; and

   (j)   encourage networking and sharing of tourism products in the region.

 

14   Board of Agency

   (1) There is constituted a Board for the Agency which shall consist of the following part-time members appointed by the Minister—

   (a)   one representative each of the Ministries responsible for—

      (i)   tourism;

      (ii)   finance;

      (iii)   local government; and

      (iv)   home affairs;

   (b)   a representative of the Attorney-General;

   (c)   a representative of the Tourism Council of Zambia;

   (d)   a representative of the Zambia Institute of Marketing;

   (e)   a representative of the Zambia Environmental Management Agency;

   (f)   a representative of the Zambia Institute for Tourism and Hospitality Studies; and

   (g)   two persons from the private sector with experience and knowledge in tourism, arts and culture.

   (2) The Minister shall appoint the Chairperson of the Board from amongst the members of the Board who are not public officers.

   (3) The members of the Board shall elect the Vice-Chairperson from amongst themselves.

   (4) A person shall not be appointed as a member of the Board if that person—

   (a)   is not a citizen of Zambia;

   (b)   is an undischarged bankrupt;

   (c)   has a mental or physical disability that makes the person incapable of performing the functions of a member; or

   (d)   is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine.

   (5) A member shall hold office for a period of three years and may be reappointed for one further period of three years.

   (6) A member may resign upon giving one month’s notice, in writing, to the Minister.

   (7) The office of a member becomes vacant if the member

   (a)   dies;

   (b)   is absent, without reasonable excuse, from three consecutive meetings of the Board of which the member has had notice;

   (c)   is adjudged bankrupt;

   (d)   is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine;

   (e)   is removed by the Minister for good cause on the following grounds—

      (i)   the member acts dishonourably, improperly, fraudulently, dishonestly or disorderly; or

      (ii)   the institution which the member represents withdraws its support of the member as its representative and informs the Minister accordingly; or

   (f)   has a mental or physical disability which makes the member incapable of performing the functions of a member.

   (8) A member shall, on the expiration of the period for which the member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed four months.

   (9) The Minister shall, whenever the office of a member becomes vacant before the expiry of the term of office, appoint another person in place of that member but that person shall hold office as a member only for the unexpired part of the term of the Board.

   (10) The Minister shall, when appointing members of the Board, in accordance with sub-section (1), ensure that there is 50 percent members of each gender.

   (11) The provisions of the First Schedule apply to the Board.

 

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