Professional Documents
Culture Documents
Law Teaching Format
Law Teaching Format
Law-: Law is made up of rules and regulations that govern a society or something.
to establish a Parks and Wild Life Board; to confer functions and impose duties on the Board
to provide for the establishment of national parks, botanical reserves, botanical gardens, sanctuaries,
safari areas and recreational parks
to make provision for the preservation, conservation, propagation or control of the wild life, fish and
plants of Zimbabwe and the protection of her natural landscape and scenery
to confer privileges on owners or occupiers of alienated land as custodians of wild life, fish and plants
to give certain powers to intensive conservation area committees
to provide for matters incidental to or connected with the foregoing.
Definition of terms
*Alienated land means—means private land; or State land held in terms of an agreement of purchase or lease;
or trust land held in terms of an agreement of lease
* unalienated land- means forest land; or State land which is not forest land and which is not held
under an agreement of purchase or lease; or Communal Land
*animal-means any kind of vertebrate animal and the eggs and young thereof, whether live or dead, other
than domestic animals and fish
*appropriate authority”—
(i) in the case of alienated land—the owner thereof; or where the land is held under an agreement of purchase
or lease, the purchaser or lessee
(ii) in the case of unalienated land which is—forest land-the Forestry Commission; parks and wild life land or
State land other than forest land-the Authority; in an area of Communal Land for which the Minister has,
appointed a rural district council to be the appropriate authority-that rural district council; in an area of
Communal land where there is no Rural district council-the Minister;
(b) in relation to any waters, means—the person specified in a notice as the appropriate authority for such
waters; or if no person has been specified in a notice as the appropriate authority for such waters-the
appropriate authority for the land riparian to such waters
*authority in terms of this Act-means an authority, permit or licence in terms of the P&W Act
*dangerous animal-means an animal declared to be a dangerous animal in terms of the P&W Act
*dealer in specially protected indigenous plants-means any person who sells specially protected
indigenous plants in the ordinary course of his business in a shop, stall or other fixed place of
business
*Director General and Director means the Director-General or any Director of the Authority
*employee-means an employee of the Authority designated as an officer
*fish-includes vertebrate fish, and aquatic molluscs and crustaceans, both indigenous and non-
indigenous, but does not include the bilharzia snail and the liver fluke snail
*fishing-net-means any gill-net, seine-net, draw-net or ring-net, including the open-work material
knotted or otherwise formed into meshes which is used to manufacture such nets or any other nets
designed or adapted for catching fish, but does not include a throw-net, landing-net or keep-net
normally used by fishermen
*hunt- means to kill, injure, shoot at or capture; or to wilfully disturb or molest by any method or to
lie in wait for, follow or search for with intent to kill, injure, shoot at or capture
*indigenous plant-means any plant indigenous to Zimbabwe whether or not it is or has been
cultivated or whether it is or is no longer growing in the wild state or has from time to time not been
growing in the wild state, and includes any part of such plant but does not include any weed
*jig-means any contrivance, other than a conventional line, to which more than two hooks are
attached and which is used for jigging;
*learner professional hunter’s licence-means a learner professional hunter’s licence issued in terms
of section sixty-nine
*local authority- means a municipal council, town council, local board or rural district council
*meat-means the flesh, including the fat, of any animal, whether fresh, dried or tinned or otherwise
preserved
*night-means the space of time between half-an-hour after sunset and half-an-hour before sunrise
*occupier- in relation to land, means the person in lawful occupation of the land who has the right
to exercise general control over the land and resides thereon
*park area-means any botanical garden, botanical reserve, national park, recreational park, safari
area or sanctuary
*Parks and Wild Life Estate-means the Parks and Wild Life Estate
*parks and wild life land-means parks and wild life land specified in terms of the P&W Act
*pick-includes cut, take, gather, pluck, uproot, break, remove, damage or destroy;
*prescribed road-means a road declared to be a prescribed road in terms of the P&W Act
*private land-means land the ownership of which is vested in any person other than the President
*problem animal- means an animal declared to be a problem animal in terms of the P&W Act
*professional guide’s licence- means a professional guide’s licence issued in terms of the P&W Act
*professional hunter’s licence-means a professional hunter’s licence issued in terms of the P&W Act
*protected animal-means an animal declared to be a protected animal on land in terms of the P&W
Act
*protected indigenous plant- means an indigenous plant declared to be a protected indigenous plant
on land in terms of the P&W Act
*registered dealer in or manufacturer of fishing nets- means a person who is registered as a dealer
in or manufacturer of fishing nets
*sell-includes barter, exchange or hawk; or to offer, keep, possess or expose for sale
*specially protected animal-means any animal declared in terms of the P&W Act to be a specially
protected animal
*specially protected indigenous plant-means any indigenous plant declared to be a specially
protected indigenous plant in terms of the P&W Act
*State land-means land vested in the President other than Communal Land or trust land vested in
the President
*State trophy- means anything which in terms of the P&W Act is deemed or declared to be a State
trophy
*trophy-means any horn, ivory, tooth, tusk, bone, claw, hoof, hide, skin, hair or the egg of any
animal or any durable portion whatsoever of any animal, whether processed or not
*trust land- means any land, other than Communal Land held in trust by the President or a statutory
body or by a person, whether solely or jointly with others, by virtue of his being the holder of some
office in a statutory body
*water installation” means a canal, channel, reservoir, embankment, weir, dam, borehole, well,
pipeline, pumping plant, filter bed, filter, purification plant, machinery, appliance, apparatus, fitting
or accessory or anything constructed, erected or used for or in connection with the impounding,
storage, passage, drainage, control or abstraction of water, the development of water power, the
filtration or purification of water, the use of water or the conservation of rainfall
*waters- means any river, stream, watercourse, lake, swamp, pond, dam, reservoir, pan, furrow or
other collection of water, whether natural or artificial, together with the foreshores or banks
thereof, but does not include water in aquaria or ornamental ponds unconnected with any natural
water; or water the sole and exclusive use of which under any law belongs to any person
*weed- means any plant defined as a noxious weed in terms of Noxious Weed Act
*wild life- means all forms of animal life, vertebrate and invertebrate, which are indigenous to
Zimbabwe, and the eggs or young thereof other than fish.
A body corporate has been established, to be known as the Parks and Wild Life Management
Authority, which shall be a body corporate capable of suing and being sued in its corporate
name and, subject to this Act, of performing all acts that bodies corporate may by law
perform.
to control, manage and maintain parks and wildlife estates (national parks, botanical
reserves, botanical gardens, recreational parks, safari areas, sanctuaries)
to examine and report to the Minister from time to time upon
to determine whether the President should exercise any of his powers
to investigate any matter relating to the use or occupation of the Parks and Wild Life Estate
to do such other things, not inconsistent with this Act, as may be required by the Minister
to exercise any other function assigned to the Authority by or under the P&W Act or any
other enactment
s5 Establishment and composition of Parks and Wild Life Management Authority Board
Operations of the Authority shall, be controlled and managed by a board to be known as the
Parks and Wild Life Management Authority Board. The Board shall consist of not fewer than
six members and not more than twelve members appointed by the Minister, after
consultation with the President and subject to such directions as the President may give
The president shall have 5 powers in relation to all Parks and wildlife estates, and a sixth
power in relation to sanctuaries.
1. constituting a new parks and wildlife estate and specifying the name thereto
2. changing the name of any parks and wildlife estate
3. adding any area to a parks and wildlife estate
4. subtracting any area from a parks and wildlife estate
5. abolishing any parks and wildlife estate
6. in respect of sanctuaries-to add on/remove from the list of designated animals, the
name of an animal
Areas specified in the first schedule of the P&W Act are constituted National parks
Purpose of a National Park:
to preserve and protect the natural landscape and scenery therein;
to preserve and protect wild life and plants and the natural ecological stability of wild
life and plant communities therein; for the enjoyment, education and inspiration of the
public.
No person shall:
pick any plant in a national park
hunt any wild life or take or destroy the nest thereof in a national park
sell— any animal or any part of an animal which has been hunted in or has died in or
has been removed from a national park; or any fish caught in a national park; or any
plant picked in a national park
introduce into or convey in a national park any weapon or explosive or any prescribed
article; or introduce into or convey or allow in a national park any animal, including a
domestic or domesticated animal
remove from a national park any animal or any part of an animal; or fish in any waters in
a national park or remove from the park any fish caught in the waters of the park.
Botanical garden
Botanical gardens District Province Area [hectares]
Botanical reserves
Botanical Reserves District Province Area/Hectares
1. Pioneer Beitbridge Matabeleland south 38
2. Tolo River Beitbridge Matabeleland south 44
3. South Camp Beitbridge Matabeleland south 26
4. Chisekera Hotspring Chiredzi Masvingo 95
5. Tingwa Rapha Palm Mt Darwin Mashonaland central 290
6. Mawara Rapha Palm Mt Darwin Mashonaland central 34
7. Haroni Forest Chimanimani Manicaland 20
8. Rusitu Forest Chimanimani Manicaland 150
9. Sebakwe Acacia Karoo Kwekwe Midlands 60
10. Sebakwe Great Dyke Kwekwe Midlands 165
11. Sebakwe Mountain Acacia Kwekwe Midlands 53
12. Mazoe A &B Harare Harare 46
13. Bunga Forest Mutare Manicaland 495
14. Vumba Mutare Manicaland 42
s28 Control of, introduction into or removal of plants from a botanical reserve or botanical garden
No person shall:
introduce any plant into a botanical reserve or a botanical garden
pick any plant in a botanical reserve or a botanical garden; except in terms of a
permit
any person working on a road in a botanical reserve or a botanical garden may pick
any plant on such road if it is necessary in the lawful performance of his duties
Minister, may issue a permit authorizing the holder thereof—
to introduce any plant into or pick any plant in a botanical reserve: Provided that
the plant introduced is native to such reserve and in the case of picking, the picking
is necessary for export purposes or for scientific purposes; or for providing
specimens for a museum, herbarium or similar institution; or for the introduction
into another botanical reserve, botanical garden or similar such place or into
horticulture; or for purposes connected with the management and control of such
reserve;
SANCTUARIES
s30 Purposes of sanctuaries and duties of Minister
The purposes for which sanctuaries are constituted shall be to afford special protection
to all animals or particular species of animals in the sanctuary concerned for the
enjoyment and benefit of the public
s31 Sanctuaries and designated animals
Sanctuaries are listed in the Third Schedule of the P&W Act and the animals specified in
the second column opposite the sanctuaries shall be designated animals.
Sanctuaries in Zimbabwe
Sanctuaries Province District Area [hectares]
1. Tshabalala Matabeleland Matobo 1 100
2. Manjinji pan Masvingo Chiredzi 300
3. Chimanimani Manicaland Chimanimani 1 800
4. Nyamanyetsi Mashonaland central Guruve 2 480
5. Mushandike Masvingo Masvingo 12 900
6 Mbaze pan Matebeleland north Nkayi 40
s33 Control of hunting in and removal of animals or animal products from a sanctuary and sale of
animals or animal products
No person shall:
(a) hunt any animal in a sanctuary;
(b) remove any animal or any part of an animal from a sanctuary
(c) sell any animal or any part of an animal which has been hunted in or has died in
or has been removed from a sanctuary; except in terms of a permit
s34 Permit to hunt in or remove animals or animal products from a sanctuary and to sell animals
or animal products
The Authority with the concurrence of the Minister, may issue a permit to any person to:
(a) hunt any animal in a sanctuary
(b) remove any animal or any part of an animal from a sanctuary
(c) sell any animal or any part of an animal which has been hunted in or has died in
or has been removed from a sanctuary,
Provided that the Authority shall not issue any such permit:
(a) to hunt or remove any designated animal or any part of such animal unless it is
satisfied that the hunting or removal is necessary for:
(i) scientific purposes
(ii) the protection of human life or property
(b) to hunt or remove any animal or any part of an animal other than a designated
animal unless it is satisfied that the hunting or removal is necessary for:
(i) scientific purposes
(ii) educational purposes
(iii) providing specimens for a museum, zoological garden or similar institution
(iv) the taking of animals live for the purpose of export or restocking
(v) the management and control of animal populations
(vi) the protection of human life or property
(vii) any other purpose which, in the opinion of the Authority, is in the interests of
the conservation of animals.
SAFARI AREAS
s35 Purposes of safari areas and powers and duties of Minister
The purposes for which safari areas are shall be to preserve and protect the natural
habitat and the wild life therein in order that facilities and opportunities may be
afforded to the public for camping, hunting, fishing, photography, viewing of animals,
bird-watching or such other pursuits that may be permitted therein in terms of the P&W
Act.
s36 Safari areas
Areas listed in the Fourth Schedule are safari areas
RECREATIONAL PARKS
s40 Purposes of recreational parks and powers and duties of Minister
The purposes for recreational parks shall be to preserve and protect the natural features
therein for the enjoyment, benefit and recreation of the public.
s41 Recreational parks
Recreational parks are listed in the Fifth Schedule of the P&W Act
s42 Designation of land within recreational park which may be alienated or leased
The Minister, on the recommendation of the Authority may, by notice in a statutory
instrument, designate within a recreational park any area or areas of land which may be
alienated or leased for the erection of hotels, restaurants, rest camps, caravan parks,
camping grounds, shops, service stations and other buildings and facilities for the
accommodation, recreation, enjoyment or convenience of visitors or for such other purpose
as he deems fit and may in like manner revoke such designation
Notwithstanding the alienation or lease of any land within a designated area, such land shall
continue to form part of the recreational park concerned.
[b] korhaans
1. Kori bustard- Ardeotis kori [Ngomanyuni]
13 Borassus palm
The Authority with the concurrence of the Minister, may issue a permit authorizing
the holder thereof to pick a specially protected indigenous plant for:
(a) export
(a) except from a person who is the holder of a permit issued in terms of section
fifty-three
(c) except from a stall at any fete, bazaar or other like function open to the public
(d) unless he is a member of a recognized horticultural society and the purchase is
from a member of the same or any other recognized horticultural society
s59 control of hunting, removal and sale of live animals and animal products
This section shall not apply to national parks, sanctuaries or safari areas.
No person shall:
hunt any animal on any land
remove any animal or any part of an animal from any land or from one
place to another on any land; except in terms of a permit
sell any live animal or the trophy of any animal except in terms of a permit
The appropriate authority for any land may:
hunt any animal on the land;
remove any animal or any part of an animal from the land or from one
place to another on the land;
issue a permit to any person allowing him or any other person or any class
of persons to hunt any animal on the land or to remove any animal or any
part of an animal from the land or from one place to another on the land.
It shall be lawful for any person to kill or injure any animal on any land in defence of
himself or any other person but the burden of proving that any animal has been lawfully
killed in self-defence shall lie on the person who killed or injured such animal.
s63 Report of killing of animals or injury of animals other than dangerous animals
Where:
any animal, other than specially protected animals, is killed or any
animal, other than a dangerous animal or specially protected animals, is
injured by any person:
(i) in self-defence
that person shall as soon as possible and in any event within seven days
make a report in person to:
the appropriate authority for the land on which the animal was last
sighted;
at the nearest convenient office of the Authority or police station or
at the office of the local authority for the area concerned;
that an animal has been killed or injured, as the case may be, on the land
and where it was last sighted and shall, if so requested by the appropriate
authority to which any such report is made, personally deliver to the
appropriate authority so much of the meat or trophy of the animal
concerned as is in his possession and as the appropriate authority may
require
no person shall:
conduct for reward:
offer to conduct for reward any safari referred to in paragraph (a) unless he
is the holder of an appropriate licence authorizing such conduct;
publish or cause to be published in any ,way whatsoever any false or
misleading statement relating to any hunting, photographic or viewing safari
conducted or to be conducted in Zimbabwe.
A professional hunter’s licence shall authorize the holder thereof, subject to this Act:
to conduct for reward:
(i) in such national park, sanctuary or safari area or on such forest land or in such
area of Communal Land for which the Authority is the appropriate authority if any,
as may be specified in the licence, a photographic or viewing safari on foot or on
horseback
(i) to ensure that every person who hunts during hunting safaris conducted by him
clearly understands the terms and conditions of any permit or right which entitles
him to hunt
(ii) to prevent any unlawful hunting by any person who hunts during safaris
conducted by him.
Where in any prosecution for an offence in terms of this section it is proved that a
person hunted any animal in contravention of the P&W Act during a safari
conducted by the holder of a professional hunter’s licence, the holder of the
professional hunter’s licence shall be presumed to have failed to take all reasonable
steps to prevent the unlawful hunting of the animal unless the contrary is proved.
A learner professional hunter’s licence shall authorize the holder thereof, subject to
the P&W Act:
to conduct for reward under the instructions of the holder of a professional
hunter’s licence:
(i)in such national park, sanctuary or safari area or on such forest land or in such
area of Communal Land for which the Authority is the appropriate authority, if any,
as may be specified in the licence, a photographic or viewing safari on foot or on
horseback
A professional guide’s licence shall authorize the holder thereof, subject to this Act:
to conduct for reward, in such national park, sanctuary or safari area or in such
area of Communal Land for which the Authority is the appropriate authority if
any, as may be specified in the licence, a photographic or viewing safarion foot
or on horseback
to offer to conduct for reward any safari referred to above
s69 Minister may issue professional hunter’s, learner professional hunter’s and professional
guide’s licence
The Authority, with the concurrence of the Minister, may issue a professional
hunter’s licence, learner professional hunter’s licence or professional guide’s licence
to any person whom it deems fit.
s70 Lawful hunter may ask other hunter to produce authority
Any person ,who is lawfully hunting on any land may require any other person found
by him apparently hunting on such land either to produce evidence of his authority
in terms of the P&W Act to hunt on such land or to furnish him with his full name
and address.
Any person who:
fails to comply with a request made above
in response to a request furnishes a false or incomplete name or address
*accommodation-means a chalet, cottage or lodge provided within the Parks and Wild Life Estate by
the Director
*area of the Parks and Wild Life Estate-means a development area, a refuge area, a wild area or a
wilderness area;
*camping-site-means a site set aside by the Director for use by campers, but does not include a
bush-camp;
*development area- means an area of the Parks and Wild Life Estate, depicted as a development
area on the map;
*domesticated animal-means any live domestic or domesticated vertebrate animal other than a fish;
*facility-means any facility provided by the Director for use by any person;
*map-means the map of any part of the Parks and Wild Life Estate lodged with the Director, which is
available for inspection free of charge by any person during normal office hours;
*Parks and Wild Life Estate-means every national park, botanical reserve, botanical garden,
sanctuary, safari area and recreational park, but does not include any botanical garden in respect of
which the Minister has, of the Act, ceded the functions conferred upon him in terms of the Act;
*picnic-site-means a site set aside by the Director as a site at which persons may picnic;
*refuge area- means an area of the Parks and Wild Life Estate which has been set aside by the
Director for specific research or allied purposes, and is depicted as a refuge area on the map;
*road- means any road or track within the Parks and Wild Life Estate other than a prescribed road,
but does not include a river-bed;
*vessel- include every description of water-craft, including a hover-craft, used, or capable of being
used, as a means of transportation on water;
*waters- means any waters within the Parks and Wild Life Estate;
*weapon- means any firearm or ammunition therefore, or any other article capable of propelling a
projectile or designed to be propelled or used in such manner that any animal can be killed or
injured thereby;
*wild area-means an area of the Parks and Wild Life Estate depicted as a wild area on the map;
*wilderness area-means an area of the Parks and Wild Life Estate depicted as a wilderness area on
the map.
*designated road-means a road declared to be a designated road in terms of the Law
*entry-point-means a place appointed by the Director and designated by notice erected at such
place as a point at which persons may enter a part of the Parks and Wild Life Estate or an area of the
Parks and Wild Life Estate;
*foreshore-in relation to any dam or reservoir, means land extending from the edge of the water to
a distance inland of ten metres beyond the full-supply level;
*leased area- means an area which has been leased in terms of of the Act;
*pool area-means an area of a safari area depicted as a pool area on the map;
*prescribed hours-means such hours as may be designated by the director by notice at an entry-
point;
*pursuit- means a pursuit which may 'be permitted in a safari area in terms of the Act;
*registered-in relation to a vessel, means registered in terms of the Inland Waters Shipping
Regulations, 1971
*right-holder- means any person to whom rights have been granted in a safari area in terms of the
Act;
(a) does not exceed a total mass of one gram and, except for a single, unbaited hook and
conventional ribbing or tying, is comprised of non-metallic, soft, stranded, fibrous material only; and
(b) is not designed to rotate, undulate or move erratically when drawn at uniform speed
through the water
the Parks and Wild Life Estate may be open throughout the year
the Director may, for good and sufficient reason at any time, and for such period as he
thinks fit, close any part or area of the Parks and Wild Life Estate by displaying a notice at
the entry-point to such part or area, declaring it to be closed.
No unauthorized person shall be within any part or area of the Parks and Wild Life Estate
which has been closed
s6 Entry into, and departure from, the Parks and Wild Life Estate
Where an entry-point has been appointed and designated by the Director in respect of any
part or area of the Parks and Wild Life Estate, no person shall enter or leave that part or area
otherwise than at such entry-point and on payment of the prescribed fee, except:
with the written permission of the Director;
on a prescribed road or a designated road.
The Director may, by notice erected at an entry-point, require every person, or, in the case
of a group of persons, a representative of such group, to report at such office during normal
office hours as may be specified in such notice directly on entering the Parks and Wild Life
Estate.
No 'person shall:
enter or leave a part of the Parks and Wild Life Estate specified in Part A; of the
First Schedule;
leave:
(i) a prescribed road;
(ii) a designated road; within a part of the Parks and Wild Life Estate specified in
Part B of the First Schedule;
remain overnight in a part of the Parks and Wild Life Estate specified in Part C of
the First Schedule; without reporting his intention to the officer in charge of the
office named opposite such part and receiving the permission of the officer to do
so
Except in accordance with the written permission of an officer or employee, no person
shall enter or leave an area of the Parks and Wild Life Estate on foot other than while
travelling on a prescribed road or a designated road.
Except in accordance with the permission of an officer, no person shall enter or leave an
area of the Parks and Wild Life Estate during the prescribed hours other than while
travelling on a prescribed road or a designated road.
Except in accordance with the permission of an officer, no person under the age of
fourteen years shall enter or be within a national park or safari area unless he is
accompanied by a person over the age of eighteen years.
The Director may limit the number of persons or vehicles which may be permitted to
enter any part or area of the Parks and Wild Life Estate, and an officer or an employee
may refuse to permit any person or any vehicle to enter such part or area where the
number of persons or vehicles which has entered has reached such limit,
notwithstanding that such person has paid the appropriate fee to enter such part or
area.
The Director may, by notice in the Gazette, declare any road which enters or leaves a
part of the Parks and Wild Life Estate to be a designated road.
s7 Use of roads
The Director may prohibit any class of vehicle from using any road by reason of its type or
mass;
Director may by erecting appropriate signs:
(iii) prohibit any person from leaving a vehicle or riding on its exterior; on any road or part of
any road.
Except in accordance with the permission of an officer, no person within the Parks and Wild
Life Estate shall:
drive any vehicle anywhere other than on a road;
disregard any prohibition or restriction imposed above
a person may alight from his vehicle in the event of an emergency, the onus of proof
whereof shall lie upon such person.
s8 Prohibitions to preserve the Parks and Wild Life Estate
Except in accordance with the permission of an officer, no person shall, within the Parks and
Wild Life Estate, except while travelling on a prescribed road:
be in possession of:
(i) any wild life except in accordance with a permit;
(ii) any plant except in terms of section 43;
cause any noise or behave in any manner likely to disturb wild life or any person;
offer food to, or feed, any animal;
be in possession of any weapon, explosive or poison or, in the case of a botanical
reserve and a botanical garden, any gardening-tool;
dispose of any refuse other than by:
(i) burning it at a place where fires may be made
(ii) placing it in a receptacle provided for that purpose;
commit any act liable to endanger the adequacy or purity of any water;
without reasonable excuse, the onus of proof whereof shall lie upon such person,
destroy, damage or deface in any way or remove any State property or any object of
geological, ethnological, historical or scientific interest;
collect or remove any wood, rock, sand,/soil or other substance;
hold a political or public meeting;
display an advertisement or notice or collect money for any purpose from the
public;
land or take off an aircraft or fly an aircraft at less (ban one hundred and fifty-five
metres above groundlevel;
camp or occupy a caravan except at a site allocated to him
s9 Control fires
Except in accordance with the permission of an officer no person within the Parks and Wild
Life Estate shall light a fire in the open air other than at a place where fires may be made.
A person shall carefully and properly extinguish a fire kindled or used by him within the
Parks and Wild Life Estate and, until he has done so, shall not go so far away from that fire as
to be unable to control it by himself.
No person within the Parks and Wild Life Estate shall discard any burning object.
s10 Presence in the Parks and Wild Life Estate during prescribed hours
Except in accordance with the written permission of an officer, no person shall be within the
Parks and Wild Life Estate during the prescribed hours other than while travelling on a
prescribed road or a designated road, unless a facility has been allocated for his use during
such prescribed hours.
Except in accordance with the 'permission of an officer, no person who is lawfully within the
Parks and Wild Life Estate shall, during the prescribed hours, be within a wild area or
wilderness area except at a camping-site allocated for his use during such prescribed hours.
s11.
An officer may, on receipt of the appropriate fee, if any, ,and at his discretion, allocate any
accommodation, bush- camp, camping-site, caravan-site, picnic-site or special camp, or any
other facility, for the use of any person.
No person shall enter or use any facility referred to above unless:
it has been allocated for his use and he has paid the appropriate fee, if any;
he is lawfully within the Parks and Wild Life Estate and has been invited by the
lawful occupant of such facility to enter and use it.
No person shall use any facility for a continuous period exceeding three weeks without
the permission of the Director.
Notwithstanding that a person has reserved accommodation, a camping-site or a
caravan-site, an officer may, if such person has not reported to the office within the area
of the Parks and Wild Life Estate concerned before 5.30 pm, on the day of his arrival, or
has not notified that office of his intended late arrival, allocate such accommodation,
camping-site or caravan-site to another person for use during that night.
Except in terms of s101, where accommodation, a camping-site or a caravan-site has
been allocated to someone else, the person who reserved such facility shall not be
entitled to any claim or refund in respect of any appropriate fee paid for that facility.
Any person who uses any facility shall leave it and its environs in a clean and orderly
condition.
Any person who has used a bush-camp shall produce a clearance certificate issued by an
officer when, before leaving an open safari area,
In the event of any person losing or damaging any furniture, equipment or fitting in any
facility, the cost of restoring or replacing such furniture, equipment or fitting shall be a
debt due to the State.
s12 Domesticated animals
Except in accordance with the written permission of an officer, no person shall introduce
any domesticated animal into the Parks and Wild Life Estate.
An officer or an employee may seize any domesticated animal which has been unlawfully
introduced into the Parks and Wild Life Estate, and may detain such animal or hand it over
for detention by some other person.
An officer or other person may, before releasing any domesticated animal detained, require
the payment of the cost incurred in seizing and detaining such domesticated animal.
An officer may destroy any domesticated animal within the Parks and Wild Life Estate which
is not under the physical control of any person.
s13Abandoned property
Should any person abandon anything within the Parks and Wild Life Estate for any period
exceeding three days, an officer or an employee may take possession of and detain such
thing.
The Director may, by notice in the Gazette, call upon any person who is entitled thereto to
take possession of anything abandoned before such date as may be specified in the notice,
being not less than thirty days from the date of publication of the notice, and stating that,
unless so repossessed, the thing concerned may be disposed of
Any person entitled thereto may repossess anything detained, upon payment to the Director
of any expenses incurred in connection with its removal or storage.
If no person entitled thereto repossesses anything in respect of which a notice has been
given before the date specified in the notice, or fails to pay the expenses referred to in
before that date, the thing concerned may, after that date, be sold by public auction
Provided that, if, in the opinion of the Director, the thing concerned is of such a nature that
it should not, or cannot, be sold by public auction, or the proceeds of the sale by public
auction will not be sufficient to cover the costs of the sale and the expenses of removing and
storing the thing, he may direct that it should be sold out of hand or appropriated to the
State without payment of compensation, and, if it cannot be sold out of, hand and is of no
value to the State, it shall be destroyed.
the proceeds of the sale of anything shall be applied first to the payment of the expenses of
removing, storing and selling the thing, and any balance may be claimed by any person
entitled thereto.
s14 Special provisions relating to wild areas
No person shall enter or leave a wild area except in accordance with the permission of an
officer or an employee and upon payment of the appropriate fee, if any, and:
at an entry-point;
by road into or from a rest-camp;
by vessel in the case of islands or waters;
by air into or from an airfield.
An officer may, on payment of the appropriate fee, if any, and at his discretion, allow a
person to construct in a wild area a temporary hide of approved materials from which he
may photograph or view wild life under such conditions as the officer may determine.
An officer may, on payment of the appropriate fee, if any, and at his discretion, allow a
person to walk or ride a horse within a wild area under such conditions as the officer may
determine.
s15 Special provisions relating to wilderness areas
No person shall enter a wilderness area except:
with the written permission of an officer and upon payment of the appropriate fee,
if any;
after reporting his intention to an officer;
where vehicles are permitted, in a vehicle equipped with four-wheel drive;
with sufficient food and water, vehicle-fuel and equipment for the duration of his
presence in the area.
Any person within a wilderness area shall:
where he has entered in a vehicle, only use that vehicle to travel directly between
his point of entry into the area and any facility which has been allocated for his use;
before leaving, return that part of the area which he has used, so far as is
practicable, to its natural state.
Any person who leaves a wilderness area shall:
remove from the area any refuse and unused food, vehicle-fuel and equipment
which he introduced into the area;
report to an officer within such period as may have been determined by an officer
when he entered, and shall provide such information concerning his use of the area
as may be required by an officer.
s16 Special provisions relating to refuge areas
No person shall enter a refuge area except in accordance with a permit issued to him by the
Director.
s17 Prohibition against hunting in parts of the Parks and Wild Life Estate
No person shall hunt any animal in any part of the Parks and Wild Life Estate which is a
botanical reserve, botanical garden or recreational park, except in accordance with a permit
issued by the Director.
Any person who hunts any animal except a bird or an animal which is specified in the Third
Schedule shall use:
a weapon having a rifled barrel and propelling a projectile of not less than five
comma six millimetres in diameter with not less than eight hundred and fifty joules
of energy at the muzzle;
a smooth-bore weapon with an internal barrel-diameter of not less than fifteen
millimetres and propelling shot of an average diameter of not less than five
millimetres.
Any person who hunts any bird shall use a weapon having:
a rifled barrel and propelling a projectile with not less than one hundred and fifty joules
of energy at the muzzle;
a smooth-bore weapon with an internal barrel-diameter of not less than ten
millimetres.
s54 Exemptions
it shall be lawful for any person to use any weapon:
to hunt any animal if:
(i) the Director has, by notice in writing, permitted him to use that weapon to hunt
animals of that species;
(ii) he complies with any conditions which the Director may have imposed when granting
his permission;
to kill or injure any animal in terms of section 49 of the Act;
to kill any animal, other than a specially protected animal, causing damage to any
livestock, crop, water- installation or fence on land for which he is the appropriate
authority.
Where an animal is killed or injured by use of a weapon other than a weapon specified in terms
of section 53, the burden of proving that such animal was killed or injured lawfully shall lie on
the person who killed or injured such animal.
It shall be lawful for the owner of any animal which was born or hatched and has remained in
captivity to kill such animal by any means which does not contravene the Prevention of Cruelty
to Animals Act or any law which replaces such Act.
The appropriate fee for the taking of any measures in terms of section 44 shall be calculated
in accordance with the Ninth Schedule.
The Director may, if an officer or an employee is requested by any person, and assist in the
capture or movement of wild life, require payment by the person who made the request of
an appropriate fee as if such assistance was provided in terms of section 44.
With the approval of the Secretary for Finance, Economic Planning and Development, the
Director may waive or reduce the whole or any part of an appropriate fee in respect of any
person or class of persons.
Without derogation from the above, if a person who has paid an appropriate fee to enter
any area or part of the Parks and Wild Life Estate is subsequently refused entry to that area
or part, the Director may refund the whole or part of the fee if he considers it just and
equitable to do so.
*urban land- means any piece of land less than ten hectares in extent which is situated within:
(d) an area of Communal Land set aside in terms of the Communal Land Act, 1982 (No. 20 of 1982),
for the establishment of a township, village, business centre or industrial area.
No person shall possess any problem animal, dangerous animal or primate on any urban
land:
without the written permission of the Director;
except in accordance with any terms or conditions imposed by the Director when
giving his written permission.
The above shall be additional to and not in substitution for any other enactment relating to
the possession of animals in any urban land.
The badge of the Department which shall be carried, worn or displayed by officers,
employees and honorary officers shall be in the form prescribed in the Tenth Schedule.
SI 362 is amended
by the insertion of the following definitions
*live wild life- means any living form of vertebrate or invertebrate animal life,
whether indigenous to Zimbabwe or not, but does not include domestic ammals,
livestock, amphibians or eggs;
*live wild life seller- means any'person who carries on the business of selling live
wild life;
*live wild life seller's licence- means a live wild life seller's licence
in the definition of "register" by the insertion after' paragraph (a) of the following
paragraph "a live wild life seller in terms of section 65F;".
by the insertion after section 57 of the following sections:
Further licence to be held by certain professional hunters and learner
professional hunters "57A.
(1) Every holder of a professional hunter's licence or a learner professional
hunter's licence who conducts any other person, who is not ordinarily
resident in Zimbabwe, on a hunting safari shall, in addition to holding a
professional hunter's licence or a learner professional hunter's licence, as the
case may be:
(a) hold a tour operator's licence;
(b) conduct the safari as a director, employee or agent of a holder of a tour
operator's licence; issued in terms of the Development of Tourism Act, 1975.
(2) Subsection (1) shall not apply in relation to an officer, honorary officer or
employee while he is carrying out his duties as such.
Declarations by non-resident hunters 57B.
(1) Every person who is not ordinarily resident in Zimbabwe and who wishes to go on
a hunting safari in Zimbabwe shall, before commencing the hunting safari:
(a) sign the declaration set out in the Twelfth Schedule before an
immigration officer;
(b) exhibit a copy of the signed declaration to the person, if any, who will
conduct him on the hunting safari.
(2) No person shall:
for reward, cause or permit any other person who is not ordinarily
resident in Zimbabwe to hunt on any land for which he is the
appropriate authority;
for reward or otherwise, conduct any other person who is not
ordinarily resident in Zimbabwe on a hunting safari; unless he is
satisfied that:
(i) the other person has signed the declaration before an immigration
officer; and
(ii) the information given in the declaration regarding the payments to
be made for hunting or for the hunting safari, as the case may be, is to
the best of his knowledge and belief true.
Section 58 of SI 362 is amended
in subsection (1) by the deletion of "ordinarily resident" and the substitution of "not
ordinarily resident".
Section 59 of SI 362 is amended
in subsection (1) by the insertion after paragraph (e) of the following paragraph—
"and (f) where known, the ports of entry into and exit from Zimbabwe that have
been and will be used, as the case may be, by the person who is to be conducted on
the safari.";
by the insertion after subsection (1) of the following subsection— "(la) Every person
who for reward causes or permits any other person who is not ordinarily resident in
Zimbabwe to hunt on any land for which he is the appropriate authority shall, before
that other person commences to hunt, send the Director a written notice, in
duplicate, setting out the following information:
(a) the full names and address of the person who is to hunt on the land;
(b) the title or other descriptive appellation of the land on which the person is to
hunt;
(c) the dates on which the person is to hunt on the land;
(d) the amounts, if any, to be paid by the person in respect of accommodation,
meals, transport and any other service which may be provided in relation to the
hunt;
(e) the currency in which any amounts referred to are to be paid
by the insertion after subsection (4) of the following subsection— "(4a) No person
shall cause or permit any person who is not ordinarily resident in Zimbabwe to hunt
on any land for which he is the appropriate authority unless:
(a) before that other person commences to hunt he is in possession of the written
authority given by the Director in respect of the hunt concerned; and
(b) he complies with any conditions which the Director may have attached to the
written authority
The SI 362 is amended by the insertion after section 59 of the following section
Advertising of hunting safaris outside Zimbabwe "59A
No person shall publish or cause to be published in any manner whatsoever outside
Zimbabwe any document advertising any hunting safari inside Zimbabwe or soliciting
clients for any such hunting safari, unless the document specifies the fees and levies
for such safari
Before any person who is not ordinarily resident in Zimbabwe is conducted on a
hunting safari in Zimbabwe for reward, the person conducting the safari shall lodge
with the Director a true copy of any document published outside Zimbabwe in which
the safari was advertised or in which clients for the safari were solicited.
The SI 362 is amended by the insertion after section 65 of the following sections:
Licence required by live wild life sellers
no person shall carry on the business of selling live wild life unless he is the holder of
a live wild life seller's licence.
The above shall not apply to any activity carried out in accordance with the terms
and conditions of a permit issued in terms of section 37 or 65 of the Act.
Issue of live wild life seller's licence
Any person who wishes to obtain a live wild life seller's licence shall:
apply to the Director, in writing, giving such details as the Director may
reasonably require in relation to:
(i) each of the premises in respect of which the applicant seeks the issue of a
live wild life seller's licence; and
(ii) the business he intends to conduct within the premises; and
(iii) his personal character and circumstances;
submit to the Director the appropriate fee, if any.
On receipt of an application and any appropriate fee referred to above, the Director
shall:
issue the applicant with a numbered live wild life seller's licence; or
refuse to issue a live wild life seller's licence if he considers that:
(i) the applicant is not a fit and proper person to hold such a licence; or
(ii) the premises in respect of which the licence is sought are inadequate or
unsuitable for the care and safety of the live wild life which the applicant
proposes to sell there or, where appropriate, for the protection of the public
from such live wild life; or
(iii) the applicant will not exercise sufficient control over the conduct of the
business at the premises concerned to ensure compliance with the terms and
conditions of the licence.
Form, terms, duration and renewal of live wild life seller's licence
A live wild life seller's licence shall be in such form as the Director may determine
and shall be issued subject to such terms and conditions as may be specified therein.
A live wild life seller's licence shall expire on the thirty-first day of December in the
year in which it was issued.
A person who wishes to renew a live wild life seller's licence shall apply to the
Director for its renewal not later than thirty days before its expiry, or on such later
date as the Director may allow,
Cancellation of five wild life seller's licence
The Director may at any time cancel a live wild life seller's licence if he is satisfied
that grounds exist which would justify his refusing to issue or renew the licence
In addition to any other penalty provided in the Act or the Animal Health Act or
these regulations, the failure of a live wild life seller to comply with:
the Act or these regulations; or
any regulations made under the animal Health Act relating to the movement
of animals
the terms and conditions of his licence;
shall be grounds to cancel his licence.
The Director may, on application, issue a temporary permit to a person whose live wild
life seller's licence has been cancelled to enable him to dispose of his live wild life,
subject to any terms and conditions specified in the permit.
Display of live wild life seller's licence
Every holder of a live wild life seller's licence shall at all times display the licence in a
prominent place within the premises to which the licence relates, or in such other place
as the Director may specify.
Keeping of registers and returns by live wild life sellers
Every live wild life seller shall:
keep a register in the form set out in the Thirteenth Schedule, in which he shall
enter by species:
(i) the number of specimens of live wild life acquired by him and the place from
which and the person from whom they were acquired; and
(ii) the number of specimens of live wild life sold or disposed of by him and, in
the case of a disposal, the manner of disposal; and
keep adequate records and books of account relating to his business of buying
and selling live wild life; and
on being requested to do so during business hours, immediately make the
register and books and records referred to above available for inspection by the
Director or by an inspector or officer authorized thereto by the Director; and
within seven days after the end of each month, submit to the Director:
(i) a certified return of all transactions and arrangements whereby he acquired
any live wild life for sale during the preceding month; or
(ii) a statement that no such transactions or arrangements occurred during the
preceding month; as may be appropriate.
Change of address of holder of live wild life seller's licence
Every holder of a live wild life seller's licence shall, within seven days after changing the
address to which the licence relates, notify the Director, in writing, by registered post, of
such change of address.
Cessation of business by holder of live wild life seller's licence
Every holder of a live wild life seller's licence who ceases to carry on business as a live
wildlife seller shall, within seven days after so ceasing:
notify the Director, in writing, by registered post, of that fact; and
return his live wild life seller's licence, by registered post, to the Director
s71 of SI 362 is amended
in subsection (1) by the deletion of "Upon" and the substitution of "Subject to section
107A, upon".
s87 of SI 362 is amended
by the deletion of "A breeder, dealer," and the substitution of "Every breeder, dealer,
live wild life seller and".
10. Section 88 of the principal regulations is amended in subsection (1)— (a) in
paragraph (b) by the insertion after "dealer" of ", live wild life seller"; (b) by the insertion
after "dust" of ", live wild life".
s90 of SI 362 is amended
in paragraph (b) by the insertion after "64" of ", paragraph (a) of section 65F'.
s92 of SI 362 is amended
in subsection (5) by the deletion of ", for the use of his private motor- vehicle".
The principal regulations are amended by the insertion after section 107 of the following
section
Cancellation and amendment of permits
The Director may at any time cancel or amend a permit or licence issued by him in terms
of these regulations:
Provided that, before:
(a) cancelling a permit or licence; or
(b) amending a permit or licence otherwise than at the request of the holder; the
Director shall give the holder an adequate opportunity to make representations in
regard to the proposed cancellation or amendment, as the case may be, and he shall
give due consideration to any representations so made.
Whenever the Director has cancelled or amended a permit or licence issued by him in
terms of these regulations, he shall forthwith give notice thereof to the holder of the
permit or licence.
A holder of a permit or licence issued in terms of these regultions shall, upon receipt of a
notice in terms of subsection (2), return the permit or licence to the Director for
amendment or cancellation, as the case may be.
FORESTRY ACT
Purpose of the Act:
AN Act to establish a commission for the administration, control and management
of State forests;
To provide for the transfer of certain assets belonging to the Government to the
said Commission;
To provide for the setting aside of State forests and for the protection of private
forests, trees and forest produce;
To establish a Mining Timber Permit Board and to control the cutting and taking of
timber for mining purposes;
To provide for the conservation of timber resources and the compulsory
afforestation of private land;
To regulate and control trade in forest produce including the use of trade names
and marks in connection with forest produce;
To regulate and control the burning of vegetation; and for other purposes
connected with the foregoing
Definition of terms:
*Commission- means the Forestry Commission established under this Act
*commissioner- means a person who is appointed as a member of the Commission
*demarcated forest- means an area of land which has been declared to be a
demarcated forest in terms of this Act
*fireguard- means a strip of land, whether under trees or not, which has been
cleared of inflammable matter
*Forest Estate- means the Forest Estate specified in section thirty-three
*forest land- means forest land specified in section thirty-four
*forest officer- means any person appointed by the Minister as a forest officer for
the purposes of this Act
*local authority- means a municipal council, town council, local board or rural district
council
*Minister- means the Minister of Environment and Tourism or any other Minister to
whom the President may, from time to time, assign the administration of this Act
*occupier- in relation to any land, means the person exercising general control over
the land and, for the purposes of section sixty-seven, includes any person authorized
by such an occupier to receive notice given in terms of that section
*timber- means all wood contained in trees, whether standing, fallen or felled, and
all wood, whether produced in or imported into Zimbabwe and whether sawn, split,
hewn or planed or otherwise fashioned or processed
*tree- means the whole or any part of any tree as ordinarily understood, or of any
shrub, bush, seedling, transplant, sapling, re-shoot, under-bush, undergrowth or
regrowth
*vegetation- includes any tree, bush, shrub, brushwood, undergrowth or grass and
any other vegetation
Definition of terms:
*alienated land- means (a) private land; or (b) land vested in a local authority; or
(c) State land held under an agreement of purchase or lease;
*animal- means any kind of vertebrate animal other than a fish;
*appropriate authority- in relation to any land, means:
(a) in the case of alienated land— (i) the owner thereof; or (ii) where the land is
held under an agreement of purchase or lease, the purchaser or lessee unless the
agreement otherwise provides; and includes any person appointed to be an
appropriate authority for the land by such owner, purchaser or lessee, as the
case may be;
(b) in the case of unalienated land which is— (i) forest land, the Forestry
Commission; (ii) parks and wild life land or State land other than forest land, the
Director; (iii) an area of Communal Land for which the Minister has, in terms of
section twenty-four, appointed a rural district council to be the appropriate
authority, that rural district council; (iv) an area of Communal Land not referred
to in subparagraph (iii), the Minister;
*class I trap- means a trap specified in the First Schedule;
*class II trap- means a trap specified in the Second Schedule;
*class III trap- means a trap specified in the Third Schedule;
*conservation committee- means:
(a) a conservation committee appointed for an intensive conservation area in
terms of the Natural Resources Act; or
(b) a rural district council declared to be a conservation committee for a council
area in terms of the Rural District Councils Act;
*Director- means the Director of National Parks and Wild Life Management;
*local authority- means a municipal council, town council, local board or rural
district council;
*Minister- means the Minister of Environment and Tourism or any other Minister
to whom the President may, from time to time, assign the administration of this
Act;
*nylon- means any line of synthetic plastic material
*occupier- in relation to land, means the person in lawful occupation of the land
who has the right to exercise general control over the land and resides thereon;
*private land- means land the ownership of which is vested in any person other
than the President:
*scheduled offence- means an offence specified in the Fourth Schedule;
*State land- means land vested in the President other than Communal Land;
*unalienated land- means
(a) forest land: or;
(b) parks and wild life land; or
(c) communal land; or
(d) other land which is not referred to in paragraphs (a), (b) and (c) and which is
not— (i) private land; or (ii) land vested in a local authority; or (iii) State land
held under an agreement of purchase or lease.
s3 Classification of traps
Each of the traps specified in:
the First Schedule is hereby declared to be a class I trap;
o A snare, the noose of which is in any part made from wire.
o A snare, the noose of which is in any part made from nylon of a diameter
of three millimetres or less. Provided that a snare incorporating nylon of a
diameter of three millimetres or less, may be used if its use is authorized
in the Second Schedule.
o A poisoned weapon.
o A pitfall.
o A baited hook.
o A whiptrap the noose of which is in any part made from wire or nylon of a
diameter of three millimetres or less.
o A wooden stake or group of wooden stakes fixed in the ground with the
sharpened ends exposed close to a gap in a fence.
o Two lengths of expanding rubber attached to one or more objects that
are fixed in the ground with the opposite ends of the rubber attached to a
bar or a pole which is drawn back and released like a catapult.
o A powdered irritant spread on the ground.
o A wooden board pierced by metal spikes which is laid with the spikes
pointing outwards on a pathway used by animals.
o A wire strung between fixed supports into which animals are driven by
human beings or dogs
the Second Schedule is hereby declared to be a class II trap;
o A snare, other than a snare described in Items 1 and 2 of the First
Schedule and in Item 1 of the Third Schedule.
o A net, used as a trap, other than a net described in' Item 2 of the Third
Schedule
o A syringe containing a tranquillizing or lethal drug projected by any
method.
o A spring-jaw trap.
o Sheets or sheeting, used as a trap, made from any material which in the
aggregate exceeds ten square metres.
o A break-back or rodent trap other than a break-back or rodent trap
described in Item 4 of the Third Schedule.
o A whiptrap other than a whiptrap described in Item 6 of the First
Schedule and Item 9 of the Third Sched ule.
o A balchatri trap incorporating nylon of a diameter of three millimetres of
less.
o An enclosure of brushwood, poles or wire encircling water and having a
door operated by a trigger- mechanism.
o A cartridge containing a lethal substance used in conjunction with a bait.
o A poisoned bait
the Third Schedule is hereby declared to be a class III trap.
o A snare, the noose of which is made from any animal or vegetable fibre
which has not been machine manufactured.
o A net, used as a trap, made from any animal or vegetable fibre which has
not been machine manufactured.
o Sheets or sheeting, used as a trap, made from any material which in the
aggregate does not exceed ten square metres.
o A break-back or rodent trap the base plate of which is twenty-five
centimetres or less in length.
o A set gun.
o A deadfall.
o Anything to which birdlime has been applied.
o A whiptrap, the noose of which is made from any animal or vegetable
fibre which has not been ma chine-manufactured.
o A cage trap.
o A moletrap designed for use below ground level for trapping moles and
rodent-moles
s4 Minister may amend Schedules
The Minister may from time to time, by notice in a statutory instrument, add to or
amend the First, Second or Third Schedule or may replace the whole or any part
thereof.
s5 Making, possession and use of class I traps prohibited
Any person who makes, possesses or uses a class I trap for the purpose of trapping
any animal shall be guilty of an offence.
s6 Control of class II traps
Any person who:
makes, possesses or uses a class II trap for the purpose of trapping any
animal, except in terms of a permit granted in terms of section seven; or
fails to comply with any condition of a permit granted to him in terms of
section seven; shall be guilty of an offence.
s7 Permit for class II traps
Any person who wishes to obtain a permit to make, possess or use a class II trap for
the purpose of trapping any animal may make application therefor in writing to the
Minister.
The Minister may, subject to such conditions as he may deem fit to impose, grant a
permit to any person to make, possess or use a class II trap for the purpose of
trapping any animal:
Provided that the Minister shall not grant such a permit unless he is satisfied that:
the purpose for which the class II trap is required cannot effectively be
achieved by any other means; and
the trapping is necessary for:
(i) scientific purposes; or
(ii) educational purposes; or
(iii) providing specimens for a museum, zoological garden or similar
institution; or
(iv) the taking of animals live for the purpose of export or restocking; or
(v) management and control of animal populations; or
(vi) the protection of life or property; or
(vii) any other purpose not inconsistent with subparagraphs (i) to (vi)
which, in the opinion of the Minister, is in the interests of the conservation
of animals.
The Minister may, without assigning any reason therefor:
refuse to grant a permit in terms of this section;
at any time cancel any permit granted in terms of this section or amend
any existing condition or impose any new condition thereon.
A holder of a permit granted in terms of this section who fails to comply with any
provisions shall be guiity of an offence.
s8 Interpretation
*specially restricted trapping area- means an area of land within Communal Land which has
been declared to be a specially restricted trapping area in terms of section nine.
s9 Declaration of specially restricted trapping areas
The Minister may, by notice in a statutory instrument, declare any area of
Communal Land to be a specially restricted trapping area.
The Minister may, by notice in a statutory instrument, amend or revoke any such
notice made above
Control of class III traps
Any person who on any land:
makes, possesses or uses a class III trap for the purpose of trapping any
animal except in terms of a permit granted in terms of section eleven by the
ap propriate authority for the land; or
fails to comply with any condition of a permit granted to him in terms of
section eleven; shall be guilty of an offence unless it is proved that the
making, possession or use of the class 111 trap was intended for use or was
used, as the case may be, for trapping household pests within a building.
s11 Permission to make, possess or use class III traps
The appropriate authority for any land may:
make, possess or use a class III trap at any time on the land; or
grant a permit to any person subject to such conditions as it may deem fit to
impose, allowing him or any other person or any class of persons to make,
possess or use a class III trap on the land or any part of the land.
The appropriate authority for any unalienated land shall not grant a permit:
in respect of land which is constituted a national park in terms of the Parks
and Wild Life Act or in respect of a specially restricted trapping area unless it
is satisfied that the purpose for which the class III trap is required cannot
effectively be achieved by any other means and that the trapping is necessary
for:
(i) scientific purposes; or
(ii) educational purposes; or
(iii) providing specimens for a museum, zoological garden or similar
institution; or
(iv) the taking of animals live for the purpose of export or re-stocking; or
(v) in the case of a national park, the management of that park; or
(vi) the protection of life or property; or
(vii) any other purpose not inconsistent with subparagraphs (i) to (iv)
which, in the opinion of the Minister, is in the interests of the conservation of
animals;
in respect of forest land unless, before issuing such a permit, it has consulted
the Minister.
The appropriate authority for any land may, without assigning any reason therefor:
refuse to grant a permit in terms of this section;
at any time cancel any permit granted by it in terms of this section or amend
any existing condition or impose any new condition thereon.