INSTITUTIONAL FRAMEWORK RELEVANT TO HUNTING AND INLAND FISHING
DELEGATION OF POWERS
Does the law empower the competent authority to delegate functions to other actors?
2 answers
Section 61- Upon the recommendation of the Minister responsible for the administration of the Natural Resources Act [Chapter 20:13], [repealed by the Environment Management Act] the Minister may, by statutory instrument, declare that, with effect from a specified date— (a) a council area or any part thereof shall be an intensive conservation area for the purposes of the Natural Resources Act [Chapter 20:13]; [repealed by the Environment Management Act] and (b) the council shall be the natural resources conservation committee for such intensive conservation area.
Section 2 (extract) : In this Act— (...)
“appropriate authority”—
(a) in relation to any land, means—
(i) in the case of alienated land—
A. the owner thereof; or
B. 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;
(ii) the case of unalienated land which is—
A. forest land, the Forestry Commission;
B. parks and wild life land or State land other than forest land, the Authority;
C. an area of Communal Land for which the Minister has, in terms of section one hundred and eight, appointed a rural district council to be the appropriate authority, that rural district council;
D. an area of Communal Land not referred to in subparagraph C, the Minister;
(b) in relation to any waters, means—
(i) the person specified in a notice made in terms of section eighty-three as the appropriate authority for such waters; or
(ii) if no person has been specified in a notice made in terms of section eighty-three as the appropriate authority for such waters, the appropriate authority for the land riparian to such waters;
Section 59(4) (extract): Subject to this Act, the appropriate authority for any land may—
(a) hunt any animal on the land [...]
Section 86(extract): Subject to this Act, the appropriate authority for any waters may—
(a) fish at any time in the waters; [...]
Does the law provide for possible delegation of powers to non-governmental stakeholders under the public monitoring system?
0 answer
If so, does the law specifically empower women, youth or any marginalized/vunerable group to take up these functions? How?
0 answer
If yes, does the law define the following with regard to delegation?
• Functions that may be delegated;
• Required controls on or supervision of delegated functions;
• Procedures for making delegation;
• Competencies/skills to be held by persons receiving delegation; and
• Conditions for withdrawal of delegation.
0 answer
