ZWE - GA - IDENTIFICATION OF PROTECTED AREAS FOR ECOTOURISM
NON-CONSUMPTION USE
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Zimbabwe / Non-consumption use
WILDLIFE CONSERVATION (ECOTOURISM)
IDENTIFICATION OF PROTECTED AREAS FOR ECOTOURISM
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Section 2 (extract): "Parks and Wild Life Estate" means every national park, botanical reserve, botanical garden, sanctuary, safari area and recreational park […]
Section 15 Protected forest areas
(1) The Minister may, by notice in the Gazette, declare any area of natural forest
described in the notice to be a protected forest area wherein the exploitation of all
major forest produce, by all persons or any classes of persons that may be specified in
the notice, is prohibited
Section 35(extract): Each of the areas described in Parts I and II of the Third Schedule is hereby declared to be a demarcated forest […]
Section 37: The owner of any private land who has placed or intends to place such land or
any portion of such land under a system of forest management approved by the Commission may make application to the Minister for a declaration that such land or such portion of such land shall be protected under this Act.
Section 4 (extract): Subject to this Act, the functions of the Authority shall be—
(a) to control, manage and maintain national parks, botanical reserves and botanical gardens, sanctuaries, safari areas and recreational parks.
Section 17: The Parks and Wild Life Estate shall consist of all land which is a park area.
Section 18: Parks and wild life land shall consist of State land which is a park area and private land within an area which has been designated in terms of section forty-two.
Section 21: The purposes for which national parks are or may be constituted under this Act shall be—
(a) to preserve and protect the natural landscape and scenery therein; and
(b) 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.
Section 25 (extract): The purposes for which botanical reserves are or may be constituted in terms of this Act shall be to preserve and protect rare or endangered indigenous plants or representative plant communities growing naturally in the wild [...]
Section 30 (extract): The purposes for which sanctuaries are or may be constituted under this Act shall be to afford special protection to all animals or particular species of animals[...]
Section 35(extract): The purposes for which safari areas are or may be constituted under this Act shall be to preserve and protect the natural habitat and the wild life therein [...]
Section 40(extract): The purposes for which recreational parks are or may be constituted under this Act shall be to preserve and protect the natural features therein [...]
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Section 5 Duties of chiefs
(1) A chief shall be responsible within his area for—[…]
(l) ensuring that the land and its natural resources are used and exploited in terms of the law and, in
particular, controlling—(i) over-cultivation; and (ii) over-grazing; and (iii) the indiscriminate destruction of flora and fauna; and (iv) illegal settlements; and generally preventing the degradation, abuse or misuse of land and natural resources in his area;[…]
Section 18 [extract]: Duties of Commission
(1) Subject to this Act, the functions of the Commission shall be— the exploitation of all forms of forest produce, including—
(i) the manufacture of articles from forest produce and the sale and exportation of such articles; and
(ii) the production, sale and exportation of seed; and
(iii) the conduct of hunting or photographic safaris;
(d) the survey of the forest resources of Zimbabwe;
(e) advice and propaganda on all forestry matters;
( f ) conducting research and investigations into all matters pertaining to
forestry and forest products;
Section 4(extract): Subject to this Act, the functions of the Authority shall be— (b) to examine and report to the Minister from time to time upon— […] (ii) the conservation and utilisation of the wild life resource of Zimbabwe;
and
(iii) the conservation and utilisation of the fish resource of Zimbabwe[...]
Section 21: The purposes for which national parks are or may be constituted under this Act shall be—
(a) to preserve and protect the natural landscape and scenery therein; and
(b) 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.
Section 30 (extract): The purposes for which sanctuaries are or may be constituted under this Act shall be to afford special protection to all animals or particular species of animals[...]
Section 35(extract): The purposes for which safari areas are or may be constituted under this Act shall be to preserve and protect the natural habitat and the wild life therein [...]
Section 40(extract): The purposes for which recreational parks are or may be constituted under this Act shall be to preserve and protect the natural features therein [...]
PART XIII
PROTECTION OF ANIMALS AND INDIGENOUS PLANTS ON ALIENATED LAND
Section 77: Minister may declare protected animals or plants or cessation of hunting of animals and picking of plants, authorize reduction of animals and specify hunting periods
(1) Subject to subsection (2), the Minister may, after consultation with the Natural Resources Board and the conservation committee concerned, by notice in a statutory instrument—
(a) declare—
(i) any animal, other than a specially protected animal which, in his opinion by reason of its scarcity or value deserves to be further protected, to be a protected animal; Section 79: Environment committee may order cessation of hunting
(1) Where a conservation committee is of the opinion that on any alienated land within its area the hunting of animals is taking place on a scale which is, in its opinion, likely to be injurious to animal populations in the area, it may serve notice in
writing on the appropriate authority for the land that—
(a) it proposes to recommend to the Environment Board established in terms of section 19 of the Environmental Management Act [Chapter 20:26] that measures be taken in terms of paragraph (b) of subsection (1) of section seventyseven to restrict hunting on such land of animals generally or of the animals specified in the notice; and
(b) it prohibits, for a period not exceeding fourteen days from the date when the notice is served, the hunting of animals generally or of the animals specified in the notice, as the case may be, on the land concerned. Section 84: Controlled fishing waters and powers of Minister in relation thereto
(1) If the Minister is of the opinion that such action is necessary or desirable in the interests of fish conservation he may, on the recommendation of, or after consultation with, the Authority, by notice in a statutory instrument, declare any waters to be
controlled fishing waters and may in like manner amend or revoke any such notice
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Section 2 (extract): "Parks and Wild Life Estate" means every national park, botanical reserve, botanical garden, sanctuary, safari area and recreational park […] Section 2: "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.
Section 20(1)- Subject to this section, on the recommendation of the Board, the Minister may, by statutory instrument, declare any monument to be a national monument.
Section 15 Protected forest areas
(1) The Minister may, by notice in the Gazette, declare any area of natural forest
described in the notice to be a protected forest area wherein the exploitation of all
major forest produce, by all persons or any classes of persons that may be specified in
the notice, is prohibited
Section 21: The purposes for which national parks are or may be constituted under this Act shall be—
(a) to preserve and protect the natural landscape and scenery therein; and
(b) 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.
Section 25 (extract): (1)The purposes for which botanical reserves are or may be constituted in terms of this Act shall be to preserve and protect rare or endangered indigenous plants or representative plant communities growing naturally in the wild (2) The purposes for which botanical gardens are or may be constituted in terms of this Act shall be to propagate and cultivate exotic and indigenous plants for the
enjoyment, education and benefit of the public. [...]
Section 30 (extract): The purposes for which sanctuaries are or may be constituted under this Act shall be to afford special protection to all animals or particular species of animals[...]
Section 35(extract): The purposes for which safari areas are or may be constituted under this Act shall be to preserve and protect the natural habitat and the wild life therein [...]
Section 40(extract): The purposes for which recreational parks are or may be constituted under this Act shall be to preserve and protect the natural features therein [...]
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Section 2: “ancient monument” means any—
(a) building, ruin or structure or remaining portion of a building, ruin or structure; or
(b) statue, grave, cave, rock shelter, midden, shell mound or other site or thing of a similar kind; which is known or believed to have been erected, constructed or used in Zimbabwe
before the 1st January, 1890, but does not include an ancient working;
“ancient working” means any shaft, cutting, tunnel or stope which was made for mining purposes before the 1st January, 1890; “monument” means any—
(a) ancient monument; or
(b) area of land which—
(i) is of historical, archaeological, palaeontological or other scientific value or interest; or
(ii) has a distinctive geological formation; or
(c) waterfall, cave, grotto, avenue of trees, old tree or old building or remaining portion of an old building; or
(d) other object, whether natural or constructed by man, of historical, archaeological or other scientific value or interest;
“national monument” means a monument which has been declared in terms of subsection (1) of section twenty to be a national monument; “relic” means any—
(a) fossil of any kind; or
(b) drawing or painting on stone or petroglyph known or commonly believed to have been executed in Zimbabwe prior to the 1st January, 1890; or
(c) weapon, implement, utensil or ornament of historical, archaeological or other scientific value or interest known or commonly believed to have been used in Zimbabwe prior to the 1st January, 1890; or
(d) anthropological or archaeological contents of any ancient monument or ancient working; or
(e) other object, whether natural or made or executed by man, of historical, archaeological or other scientific value or interest which is prescribed as being a relic for the purposes of this Act; Section 20(1)- Subject to this section, on the recommendation of the Board, the Minister may, by statutory instrument, declare any monument to be a national monument.
Section 18 [extract]: Duties of Commission
(1) Subject to this Act, the functions of the Commission shall be— the exploitation of all forms of forest produce, including—
(i) the manufacture of articles from forest produce and the sale and exportation of such articles; and
(ii) the production, sale and exportation of seed; and
(iii) the conduct of hunting or photographic safaris;
(d) the survey of the forest resources of Zimbabwe;
(e) advice and propaganda on all forestry matters;
( f ) conducting research and investigations into all matters pertaining to
forestry and forest products;
Section 21: The purposes for which national parks are or may be constituted under this Act shall be—
(a) to preserve and protect the natural landscape and scenery therein; and
(b) 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.
Section 25 (extract): The purposes for which botanical reserves are or may be constituted in terms of this Act shall be to preserve and protect rare or endangered indigenous plants or representative plant communities growing naturally in the wild for the enjoyment, education and benefit of the public [...]
Section 30 (extract): The purposes for which sanctuaries are or may be constituted under this Act 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. [...]
Section 35: The purposes for which safari areas are or may be constituted under this Act 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 this Act. Section 40(extract): The purposes for which recreational parks are or may be constituted under this Act shall be to preserve and protect the natural features therein for the enjoyment, for the benefit and recreation of the public. [...]
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Section 18 [extract]: Duties of Commission
(1) Subject to this Act, the functions of the Commission shall be— the exploitation of all forms of forest produce, including—
(i) the manufacture of articles from forest produce and the sale and exportation of such articles; and
(ii) the production, sale and exportation of seed; and
(iii) the conduct of hunting or photographic safaris;
(d) the survey of the forest resources of Zimbabwe;
(e) advice and propaganda on all forestry matters;
( f ) conducting research and investigations into all matters pertaining to
forestry and forest products;
Section 21: The purposes for which national parks are or may be constituted under this Act shall be—
(a) to preserve and protect the natural landscape and scenery therein; and
(b) 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.
Section 30 (extract): The purposes for which sanctuaries are or may be constituted under this Act shall be to afford special protection to all animals or particular species of animals[...] Section 35: The purposes for which safari areas are or may be constituted under this Act 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 this Act.
Section 75 General permit to sell live animal or trophy
Subject to this Act, the Authority, with the concurrence of the Minister, may issue a permit to any person to sell any live animal or the trophy of any animal.
Section 86: Permission to fish
Subject to this Act, the appropriate authority for any waters may—
(a) fish at any time in the waters; or
(b) issue a permit to any person allowing him or any other person or any class of persons to fish in the waters.
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Section 8 (extract)- Prohibitions to preserve the Parks and Wild Life Estate
8. 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—
(a) be in possession of—
(i) any wild life except in accordance with a permit;
or
(ii) any plant except in terms of section 43; or
(b) cause any noise or behave in any manner likely to
disturb wild life or any person; or
(c) offer food to, or feed, any animal;
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FOREST ESTATE AND FOREST LAND
Section 33 Forest Estate
(1) The Forest Estate shall consist of—
(a) forest land;
(b) demarcated forest on Rhodes Estates;
(c) land owned by the Commission specified in Part III of the Third Section 34 Forest land
(1) Forest land shall consist of State land which is declared to be a demarcated forest.
(2) The total extent of forest land shall not be reduced by more than one per centum
of the total extent of forest land on the appointed day. Section 35 Demarcated forest
(1) Each of the areas described in Parts I and II of the Third Schedule is hereby
declared to be a demarcated forest which shall be known by the name specified in the
Third Schedule.
Schedule. Thlrd Schedule (Sections 33, 34 and 35) FOREST ESTATE PART I DEMARCATED FORESTS ON FOREST LAND
Section 22(1)- Each of the areas described in the First Schedule is hereby constituted a national park which shall be known by the name specified in the First Schedule.
Section 26(2)- Each of the areas described in—
(a) Part I of the Second Schedule is hereby constituted a botanical reserve;
(b) Part I of the Second Schedule is hereby constituted a botanical garden;
which shall be known by the name specified in the Second Schedule.
Section 31(1)(extract)- Each of the areas described in the Third Schedule is hereby constituted a sanctuary which shall be known by the name specified in the Third Schedule[...]
Section 36(1)- Each of the areas described in the Fourth Schedule is hereby constituted a safari area which shall be known by the name specified in the Fourth Schedule.
Section 41(1)- Each of the areas described in the Fifth Schedule is hereby constituted a recreational park which shall be known by the name specified in the Fifth Schedule.
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SPECIALLY PROTECTED ANIMALS
Section 43: Specially protected animals
The animals specified in the Sixth Schedule are hereby declared to be specially
protected animals.
Section 44 Minister may amend Sixth Schedule by notice in statutory instrument
The Minister may, on the recommendation of, or after consultation with, the
Authority, by notice in a statutory instrument, amend the Sixth Schedule by adding
thereto or removing therefrom the name of any animal.
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.]
Section 45 Control of hunting of specially protected animals and possession or sale of
specially protected animals and products thereof
(1) No person shall—
(a) hunt any specially protected animal; or
(b) keep, have in his possession or sell or otherwise dispose of any live
specially protected animal or the meat or trophy of any such animal;
except in terms of a permit issued in terms of section forty-six.
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Section 113- The Minister may declare any wetland to be an ecologically sensitive area and may impose limitations on development in or around such area. No person shall, except in accordance with the express written authorisation of the Agency, given in consultation with the Board and the Minister responsible for water resources
(a) reclaim or drain any wetland;
(b) disturb any wetland by drilling or tunnelling in a manner that has or is likely to have an adverse impact on any wetland or adversely affect any animal or plant life therein;
(c) introduce any exotic animal or plant species into the wetland".
Section 35(2) Subject to this Act, the President may, on the recommendation of the Commission, by notice in a statutory instrument, amend the Third Schedule for the purpose of— (a) declaring a new demarcated forest and specifying the name thereof; (b) changing the name of any demarcated forest; (c) adding any area to a demarcated forest; (d) subtracting any area from a demarcated forest; (e) abolishing any demarcated forest.
Section 22(2)- Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory instrument, amend the First Schedule for the purpose of— (a) constituting a new national park and specifying the name thereof;
(b) changing the name of any national park;
(c) adding any area to a national park;
(d) subtracting any area from a national park;
(e) abolishing any national park
Section 26(2)(extract)- Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory instrument, amend the Second Schedule for the purpose of—[...]
Section 31(2)(extract)- Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory instrument, amend the Third Schedule for the purpose of—[...]
Section 36(2)(extract)- Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory instrument, amend the Fourth Schedule for the purpose of— [...]
Section 41(2)(extract)- Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory instrument, amend the Fifth Schedule for the purpose of—[...]
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Section 100- Notwithstanding anything to the contrary in the Magistrates Court Act [Chapter 7:10], for an offence in terms of this Act
(a) a regional magistrate shall have jurisdiction to impose any penalty that may be imposed for that offence in terms of this Act or any other law;
(b) a provincial magistrate or a senior magistrate shall have jurisdiction to impose a fine of level twelve or imprisonment for a period of ten years or both such fine and such imprisonment;
(c) a magistrate other than a regional, provincial or senior magistrate shall have jurisdiction to impose a fine of level eight or imprisonment for a period of three years or both such fine and such imprisonment [...] Section 105 (extract)- Where a person is convicted of an offence in terms of this Act involving hunting and the commission of the offence has caused the death of a domestic animal [...] order him to pay as compensation to the owner of the animal concerned such amount as may, subject tosubsection (2), be specified by the court [...] Section 106(extract)- Forfeiture and cancellation of authority in terms of this Act
(1) Where any person is convicted of—[...] the court—
(i) shall, unless good cause to the contrary is shown, order that any weapon, explosive, fishing net or dazzling light; and
(ii) may order that any tent, vehicle, aircraft or boat; used for the purpose of or in connection with the commission of the offence shall be forfeited to the State. Section 128(1)(b)- “Notwithstanding any other provision of this Act, any person who is guilty of an offence under this Act involving the unlawful possession of, or trading in, ivory or any trophy of rhinocerous or of any other specially protected animal that may be specified by the Minister by statutory instrument shall be liable—
(a) on a first conviction, to imprisonment for a period of not less than nine years;
(b) on a second or subsequent conviction, to imprisonment for a period of not lessthan eleven years[...]