According to the Wildlife Policy, 2013, wildlife means flora and fauna occurring within natural and artificial ecosystems and habitats and includes fish. The Wildlife Conservation and National Parks Act (WCNPA), 1992 defines animals to mean and include any vertebrate or invertebrate animal or fish, bird and the eggs and young thereof, but does not include a domestic animal or bird, or the eggs and the young thereof. According to the CBNRM Policy, 2007, wildlife is under the custodianship of the Government. The general perception that wildlife is state property stems from this context. Wildlife tenure is governed by the WCNPA, 1992, which recognizes that wildlife kept in confinement, or private land enclosed by a game fence in such a manner as approved by the Director, is private property. However, there are limitations on the number of animals that may be harvested by landowners to ensure a sustainable use of wildlife. In the case of game ranching where there is no game-proof fence, culling is permissible if the Director is satisfied that this is a sustainable form of game utilization. He/she may then specify the number of animals that may be culled.

The Wildlife Policy promotes the involvement of communities in wildlife utilization, while the WCNPA, 1992 primarily provides for subsistence fishing and the involvement of Batswana citizens, especially those who are principally dependent on the hunting and gathering of veld products. Subsistence fishing means fishing using traditional fishing gear for personal and household consumption only. However, the WCNPA, 1992 and its Regulations do not contain any provisions on the direct involvement and participation of local communities in wildlife use nor for benefit-sharing. They participate through Community-based Natural Resources Management (CBNRM) programmes set according to the CBNRM Policy, 2007. Communities form community-based organizations (CBOs) and apply for resource user rights on state and tribal land, including wildlife management areas (WMAs) and/or community land use zones in protected areas, and share benefits from the use of natural resources. Since the statutes does not grant user rights directly to local communities, they have limited decision-making powers in the management and utilization of wildlife. Criminal and administrative sanctions are imposed by the WCNPA, 1992. The major sanction for contravening the WCNPA, 1992 in relation to wildlife tenure is a fine not exceeding BWP1 000 and imprisonment for one year.

The Town and Country Planning Act, 2013 is the primary legislation on land planning. It obliges the Minister to prepare a national development plan. This plan would define the sites such as nature reserves and other open spaces and allocate areas of land for use for agricultural, forestry, mining, water resources, industrial, residential or other purposes of any class. The Town and Country Planning Act refers to the conservation of natural resources at the regional and local levels. Plans must be developed that provide for the conservation of natural resources and the allocation of land for game and bird sanctuaries. The Wildlife Conservation and National Parks Act  1992 provides for the creation of national parks, game reserves and sanctuaries, wildlife management areas, controlled hunting areas (CHAs) and controlled fishing waters (CFW). Except for controlled fishing waters (CFW), these are all created on all state land, or any land bequeathed or donated to the President for such purposes. CFW refers to a river, stream, lake, dam or reservoir and may be established on any waters. Private game reserves are mainly established on private land. Forests reserves may be established on both state and tribal lands under the Forest Act, 1968, and it is prohibited to hunt or capture any animal in an area declared a reserved area. The WCNPA, 1992 only requires that the Director consult land boards and district councils in the development of wildlife management plans, with no reference to consultations with, or the participation of, local communities. However, in declaring any waters to be CFW, the WCNPA, 1992 obliges the Minister to invite any person who wishes to make representations in regard to the matter do to so in writing.

The CBNRM, based on the 2007 Policy, can be implemented on communal and state-owned land, except within such specifically excluded areas as officially gazetted protected areas, forest reserves, national parks and game reserves. Communities may obtain a 15-year Community Natural Resource Management Lease from the relevant Land Authority for the commercial use of natural resources. This 'head lease' is subject to an approved Land Use and Management Plan for the area specified in the lease, an annual land rental payable to the Land Authority, and a resource utilization royalty payable to the Ministry of Environment, Wildlife and Tourism. Communities may sublease or otherwise transfer any commercial natural resource user rights to one or more joint venture partners with prior written permission of the Land Authority. Where financial benefits are derived from the sale of natural resource concessions or hunting quotas related to particular communities, a portion of such financial benefits (60 percent) shall be paid into a National Environmental Fund held by the Ministry of Environment, Wildlife and Tourism. While the Land Authorities grants resource user rights to communities, the hunting quotas for each area are developed and granted by the Department of Wildlife and National Parks (DWNP). The Director of the DWNP may consult local authorities and lands boards in the development of such hunting quotas.

The Environmental Assessment Act, 2011 and its 2012 Regulations provide for both the Environmental Impact Assessment (EIA) and the Environmental Strategic Assessment (ESA). An EIA is required for projects whose implementation will result in the substantial use of a natural resource in a way that prevents the use or potential use of the resources for any other purpose, while ESAs are undertaken on district land use and structural plans, and national policies, legislation and development strategies and programmes. Furthermore, in terms of the Town and Country Planning Act, draft local plans prepared by the local planning authorities for submission and approval by the Minister must be accompanied a ESA prepared in accordance with the Environmental Assessment Act. Therefore, SWM-related areas require EIAs prior to their establishment or implementation, while their respective plans, policies, legislation, strategies and programmes must undergo an ESA.

The Constitution, 1966 guarantees right to property. Therefore, should the Government intend to utilize land under private ownership, it must obtain the owner’s consent and provide compensation for the expropriation of the property. Land in tribal areas are administered by land boards established under the Tribal Land Act, 2018. Their mandate includes determining land use zones within the tribal area. Since wildlife is also found in tribal land, the land use plans must refer to wildlife.

The WCNPA, 1992 requires the preparation of management plans for national parks and WMAs in consultation with land boards. The Town and Country Planning Act and Tribal Land Act provides for the conducting of multi-stakeholder consultations in the development or revision of national development plans and land use plans, respectively. Nonetheless, there is no specific reference to the participation of men and women, but rather to local communities.

Tribal land regulations provide mechanisms to ensure that there are no overlapping and/or competing claims prior to the allocation of tribal land. Enquiries must be made on whether or not there are any customary rights regarding the land of interest, whether or not the owner of such rights has been informed of the proposed agreement and has consented to it, and whether or not the proposed grant will in any way affect such rights.

Botswana recognizes three types of land tenure systems: freehold, state land and tribal land. The Wildlife Conservation and National Parks Act (WCNP), 1992 permits the creation of sustainable wildlife management (SWM)-relevant areas on any type of land if it complies with land use plans. Also, this Act grants landholder’s privileges over wildlife resources on state, community or private property. These privileges entitle the holder to manage and utilize wildlife resources on such land for consumption or profit. The Act regulates the overlap of hunting and fishing areas with mining concessions by prohibiting mining in national parks without permission from the Minister of Mines.

The management plan for a national park or game reserve may designate an area as a community use zone for the use of designated communities living in or immediately adjacent to the national park or game reserve. Community use zones may only be used to conduct commercial tourism activities and for the sustainable use of veld products and not for any form of hunting, and the DWNP may charge a fee for the collection or use of any veld products, including firewood, the amount determined by the Director in consultation with the affected communities.

The Community-Based Natural Resource Management (CBNRM) Policy safeguards the tenure rights of affected communities. It requires that the needs of subsistence users be recognized when allocating exclusive resource users rights to other groups. Furthermore, to compensate for the loss of user rights by third parties, the Department of Wildlife and National Parks (DWNP) Joint Venture Guidelines require that a Joint Venture (JV) that has been granted exclusive user rights must pay 5 percent of its total income as royalties to the land board. However, in practice, there are no mechanisms to ensure that JVs have paid the accurate royalties, since JVs are not mandated to accompany the royalty payments with audited financial statements. The Forest Act provides safeguards to avoid infringing on or extinguishing tenure rights of others. It requires that, in tribal land, consent of the land board, acting in accordance with the advice of the local authority, is needed before trees or a class of trees is considered protected.

The law does not designate subsistence hunting and/or fishing areas; however, subsistence use of wildlife is regulated. The subsistence use of wildlife, other than protected game, requires a special licence. Also, the hunting of non-designated animals (both vertebrate and invertebrate) for direct consumption does not require a licence or permit, as per section 19 of the Wildlife Conservation and National Parks Act- (WCNP), 1992. Meat acquired under this special permit must not be sold. Subsistence fishing defined to mean catching fish using traditional fishing gear for personal and household consumption , is permitted, with a limit of 10 fish per day. The Forest Act prohibits all uses of forestry resources without authorization, except in cases of bona fide inhabitants of specific areas (e.g. inhabitants of towns, villages or habitations within the Kasane Forest Reserve) and bona fide travellers.

The Forest Act, 1968 imposes criminal sanctions in form of a fine not exceeding BWP5 000 or imprisonment for a term not exceeding two years, and confiscation of the forest produce acquired illegally. The Tribal Land Act, 2018 provides for criminal sanctions in the form of fines and imprisonment, and eviction orders. For making false statement or representation, whether explicit or implied, for the purpose of obtaining a grant of land any benefit or compensation, is any offence that attracts a fine of BWP20 000 and imprisonment for two years.

There are numerous institutions involved in wildlife tenure, land tenure and land use, both at the central and local levels. The Town and Country Planning Act, 2013 defines the powers of the Minister at the central level and the powers of the Director of Town and Country Planning for Botswana and the Physical Planning Committee established at the local level. The duty of the Minister is to ensure consistency in the framing and execution of a comprehensive policy with respect to the use and development of all land in Botswana. The Director supervises and controls the planning of land in planning areas. The Physical Planning Committee appointed at the local level in each council serves to advise the Minister on any matter within its knowledge or on which the Minister may seek its advice, and, in particular, on the preparation or revision of development plans. Also, the Act provides for the appointment of a Regional Planning Advisory Committee. This Committee is appointed where a region covers one district. Its responsibility is to advise the Minister on the preparation, revision and implementation of a regional plan. Tribal land is administered by land boards established under the Tribal Land Act. At the helm of the land board is the Chairperson who is appointed by the Minister from the members of the land board. The Land Tribunal Act, 2014 sets up a land tribunal to adjudicate on all land disputes.

The Agricultural Resources Board is set up under the Agricultural Resources Act, 1972. The Board co-opts the Chief Game Warden in the Department of Wildlife and National Parks to participate as a Board member at meetings where questions are raised regarding impact on game or wildlife or on any area of land declared a game reserve or sanctuary under the Wildlife Conservation and National Parks Act 1992. Its responsibilities include supervising over the agricultural resources of Botswana and advising the Minister regarding matters relating to the general supervision of all agricultural resources. It may also give the land board directions concerning the proper use of any land within tribal areas. Agricultural resources are defined to include the animal life and fauna of Botswana such as animals, birds, reptiles, fish and insects.

In relation to wildlife tenure, the Wildlife Conservation and National Parks Act 1992 defines the powers of the President, Minister and Director of the DWNP. The President sets up protected areas such as national parks, game reserves and Wildlife Management Areas (WMAs) while the Minister responsible for the environment and wildlife sets up controlled hunting areas (CHAs) and Controlled Fishing Waters (CFWs, and offers policy direction on the conservation and utilization of natural resources. He/she is responsible for the control, management and maintenance of national parks. The Director of Wildlife and National Parks is the licensing authority. Under the Forest Act, the President sets up forest reserves on state land, local authority land and land in tribal territory, as recommended by the respective authorities.

The Government provides regulations and management support to communities in implementing the Community-Based Natural Resource Management (CBNRM) policy. The Department of Wildlife and National Parks (DWNP), the Department of Tourism and the Department of Forestry and Range Resources provide regulations and management support at the national level, while the Technical Advisory Committee (TAC) provides regulations and management support at the district level. Relevant district authorities work with communities to promote the initiation and implementation of CBNRM projects. All tendering procedures for the awarding of natural resource use concessions is overseen by the TAC, which provides technical appraisals and analyses of the tender bids submitted. The community in whose CHA a concession is offered is consulted to provide input on its choice of a preferred joint venture partner. The decision to award the tender to a particular joint venture partner, however, rests with the TAC. The tender award decision is subject to written approval by the Land Authority.

The Public Service Act, 2010, as read with the Public Service Charter, requires public officers to adhere to the basic principles of Public Service in exercising their responsibilities. The enumerated principles are: respect for law; neutrality and equality; accountability; transparency; freedom from corruption; due diligence and efficiency; continuity; and the duty to be informed. The Office of the Ombudsman, created in terms of the Ombudsman Act, 2021 is instrumental in investigating complaints against governmental departments and private entities, and offering suitable relief.

The laws provide for the cooperation of institutions involved in land tenure and use, and wildlife tenure. Given that land planning involves numerous institutions, the Botswana Land Policy mandates coordination between different entities. Section 15 of the Wildlife Conservation and National Parks Act 1992 mandates the Director to coordinate with land boards and district councils in the development of wildlife management areas, their management plans, and their administration. Similarly, the Agricultural Conservation Board coordinates with land boards on the proper use of any land within such tribal area. 

The laws provide for the delegation of powers. The Wildlife Conservation and National Parks Act  1992 permits the Director to delegate his or her functions to wildlife officers and to designate suitable wildlife officers to serve as licensing officers. Similarly, the Agricultural Conservation Board may delegate some of its functions to any committees appointed by it. Planning authorities in every council are authorized to delegate functions to an appointed physical planning committee as per the Town and Country Planning Act.