Tourism in Botswana is regulated by the Tourism Act, 1992; Botswana Tourism Organisation Act, 2004; Tourism Policy, 2021 and National Ecotourism Strategy, 2002. By virtue of tourism activities being anchored on natural resources such as wildlife, fish, monuments and relics, the Wildlife Conservation and National Parks Act (WCNPA),1992, National Parks and Game Reserves Regulations, 2000; Monuments and Relics Act, 2001 and Wildlife Policy, 2013 are crucial in tourism regulation. 

The Wildlife Policy, 2013 defines protected areas as geographically defined areas which are designated or regulated and managed to achieve specific wildlife conservation objectives. These areas include national parks, game reserves, wetlands, sanctuaries, game ranches and farms, important bird areas, important fish areas and wildlife management areas. Section 5 of the WCNPA provides for the publication of a public notice, which includes a call for any intended objections against the proposed establishment of national parks. The order to declare any area as a national park must be confirmed by a Parliamentary resolution. In the development of wildlife management areas plans, the Director has to consult local districts and land boards. Since ecotourism areas are found in places where wildlife resources are, the Wildlife Policy and WCNPA recognises that it is logical that the land use in a protected area and the area in its immediate vicinity are compatible. This essentially entails conforming to wildlife management plans developed by the Director in designating areas for ecotourism.

Protected areas are considered as natural tourism resources. This is evidenced by Second Schedule of the WCNPA which designates certain areas in a national parks and game reserves as tourism facilities. Section 5, 6 and 8 of the WCNPA that deals with national parks provides that ecotourism activities must not cause harm or damage to wildlife and the protected areas. It specifically empowers the Minister to take such steps as will ensure the security of the animals and vegetation in national parks and the preservation of such parks and the animals and vegetation therein in a natural state.

The WCNPA, impose criminal sanctions for offences related to wildlife conservation. For instance, hunting in a national park attracts a fine of P10 000 and to imprisonment for 7 years (section 11 (1)). The Fish Protection Regulations imposes criminal sanctions for staging a recreational fishing competition without a fishing permit. The guilty person will be liable to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both. Also, the person may in addition to such sentence be banned from undertaking any recreational fishing or staging or participating in a recreational fishing competition for five years.

Ecotourism is defined in the Tourism Policy 2021 and National Ecotourism Strategy, 2002 as the "responsible travel to natural areas which conserves the environment and sustains the well-being of local people." The Tourism Act provides for the existence of tourist enterprises. A tourism enterprise is defined as "an enterprise or activity specified in the Schedule, undertaken by a person, or a firm, for the purpose of, or to promote or facilitate, tourism in Botswana in return for financial reward." This is broad to cover all types of tourism businesses such as Ecotourism Specified Businesses (ESB). As per Section 16, there are different categories under which a tourism enterprise may be licensed. Category B is for operations that offer accommodation facilities on a fixed site such as photographic/hunting camps and lodges, public camping sites or caravan sites that offer game drives and other outdoor activities within wildlife management areas and protected areas, including operations that offer such accommodation facilities on a timeshare basis. Category C is for operations that offer off-site facilities such as mobile safaris operators that receive and transport travellers and guests within protected areas.

The law requires all operators who intends to undertake tourism enterprises to be licensed under the specific category. One of the functions of the Botswana Tourism Organisation (BTO) is to plan, formulate and implement strategies for promoting sustainable tourism development including eco-tourism. In line with this, the BTO introduced an Ecotourism Certification System. Part of this system is the periodic monitoring of eco-certified operators to ensure that the operation complies with stipulated requirements. The law does not provide for the specific requirements for establishing ESB activities. However, a manual drawn by Botswana Tourism Organisation on Ecotourism Certification System provides guidelines on the requirements for a licensed tourism enterprise to be ecotourism certified. The Tourism Regulations requires that all game drives, walking safaris and other tours be conducted only by holders of professional guide licences issued under the Wildlife Conservation and National Parks Act, 1992.

The CBNRM Policy, 2007 allows communities through their Community Based Organisations to undertake tourism enterprise businesses. CBOs are registered as trusts that provide a locally controlled institutional framework for CBNRM development in Botswana. CBOs coordinate tourism and other CBNRM activities for their respective communities. Community trusts are registered legal entities that enable collective action in conservation and ecotourism development. They aim to use natural resources, such as wildlife, in ecotourism development to generate jobs and revenues. All Trusts must incorporate natural resource management goals in their constitutions and produce management plans that specify how environmental management will be carried out in CHAs or ecotourism areas. Communities must also prepare an annual report describing how they have managed natural resources in their areas before DWNP will allocate annual wildlife quotas. Their operations are guided by a constitution that addresses issues of membership, organization and duties. CBOs do not own natural resources but have resource use right. Registered CBOs are entitled to lease land from the Land Board, attaining associated user rights from the Department of Wildlife and National Parks (DWNP). Such rights may entail photographic safari rights and camping. These rights are utilised to manage resources directly or sold or auctioned to third parties (or members). Typically, CBOs in WMAs enter into joint venture partnerships (JVPs) with private tourism operators through sub-contracting rights and leases. These JVPs not only pay the CBOs for leasing the land but also generate local employment opportunities.

Originally the CBOs were able to retain all their wildlife and tourism income and decide how they wanted to use it, but the CBNRM Policy, 2007 directs communities to return 60% of income to a national trust fund. The money in the fund could be used to support other communities or the community earning the income could apply to get it back. Furthermore, there exist the Conservation Trust Fund, established through the Conservation Trust Fund Order, 1999, that offers grants to the development of community-based projects for communities living adjacent to elephant ranges. The National Environmental Fund, established through the National Environmental Fund Order, 2020 also provides funds to support the eco-tourism sector and to the development of national heritage sites.

The Tourism Act, 1992 requires that all tourist enterprises be licensed, and these include ESBs. An application has to be made to the Director who is Chairperson of the Tourism Industry Licensing Committee. The requirements depend on the category of the tourism enterprises. The Botswana Tourism Organisation established in terms of the Botswana Tourism Organisation Act, 2004 introduced an Ecotourism Certification System, covering more than 240 standards encompassing the following: environmental management, cultural resources protection and community development, socio-economic responsibilities and fundamental ecotourism criteria. The system uses a three-tiered structure (levels) designed to incorporate the broadest cross-section of tourism operations while still distinguishing an urban facility, from a true ecotourism product in a pristine natural environment. Level 1 (Green) is the basic entry level and reflects all of the mandatory criteria that are necessary for all facilities to be considered for certification. The standards for this level deal primarily with the environmental management systems of the facility. Second level (Green +) provides higher standard for those who have achieved the first level. The third level referred to as Ecotourism defines those facilities that have met all the principles of ecotourism. Licensed tourism enterprises apply to the BTO to be awarded the appropriate certification. It is not mandatory for tourism enterprises to apply for this certification, and it does not their licensing status. The laws provide for the transfer of tourist enterprise licenses. This would include the transfer of ecotourism certification logos, should the enterprise have been certified as such.

The Tourism Regulation, 1996 requires that all game drives, walking safaris and other tours be conducted only by holders of professional guide licences issued under the Wildlife Conservation and National Parks Act, and where relevant the holders of tourist enterprise licences shall ensure that tourists are made aware of any potential dangers that may be encountered around the premises of such enterprises.

In terms of the Wildlife Conservation and National Parks Act (WCNPA), 1992 and the Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001, the following licenses are issued: professional hunter's license; professional guide licence; assistant professional guide licence; or specialist guide licence. A professional guide licence entitles the holder thereof to undertake all non-hunting guiding activities including mobile safaris, boat safaris and game viewing. An assistant professional guide licence entitles a holder to undertake all guiding activities except for night drives, walking safaris, mobile safaris with overnight camping and animal back safaris. A holder of an assistant professional guide licence may accompany a professional guide on mobile safaris, walking safaris, animal back safaris and night drives. A specialist guide licence entitles a holder thereof to undertake animal back safaris, tours by dugout canoe (mekoro), cultural natural resource use tours including botanical tours and ornithology. A professional hunter assists any person or party in the hunting or photographing of any animal. A professional hunter can undertake any activity done by the professional guides.

For issuance of any of the above licenses, Regulations 17 provides the applicant has successfully completed any test that may be required by the Director, which test may be oral, written or practical; and fulfils other conditions as determined by the Director. Regarding professional guides, the applicant must be over 21 years of age and holds an assistant professional guide license for a period not less than three years (Regulation 20). For Assistant professional guide, the applicant must be a citizen of over 18 years of age and must successfully complete any test as given by the Director (Regulation22), while for Specialist guide license, Regulation 23 requires the applicant to be a citizen of over 18 years of age and must successfully complete any test given by the Director. Generally, an entry permit is needed for one to enter ecotourism areas such as national parks.

In terms of the National Parks and Game Reserves Regulations, 2000, any person who within a national park or game reserve, conduct research or take photographs or make films, whether cinema, video or television and whether in digital format or not, for reward or as part of his employment, must be authorised in writing by the Director to do such activities. Also, activities such as water sports requires written permission from the Director. The National Parks and Game Reserves Regulations prohibits disturbing wildlife in national parks.

Also, the WCNPA as read with the Fish Protection Regulations, 2016 require a person/ entity who intends to undertake recreational fishing and stage a recreational fishing competition to apply for a license authoring such activities. For one to be issued with a recreational fishing competition license, the applicant must apply to the Director for approval, at least two months before the date of such competition, giving the time and place thereof and the rules and conditions governing the competition. The Fish Protection Regulations imposes criminal sanctions for staging a recreational fishing competition without a fishing permit. The guilty person will be liable to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both. Additionally, the person may be banned from undertaking any commercial fishing, recreational fishing or staging or participating in a recreational fishing competition for five years.

The WCNPA imposes a fine of P1 000 and to imprisonment for 1 year, for failure to adhere to conditions imposes on the licenses. It is an offence to transfer a professional guide's licence and the offending person is liable to a fine of P2 000 and to imprisonment for 2 years. Further, a professional hunter who fails to take all reasonable steps to ensure that his client understands the terms and conditions of any licence or permit issued to him and does not report the commission of any offence committed by his/her client to a wildlife officer is guilty of an offence and liable to a fine of P5 000 and to imprisonment for 5 years. In terms of Regulation 35, if a professional guide contravenes the WCNPA or any other law, he/she receives a warning from a wildlife officer. A professional guide who receives two warnings within one calendar year or who is convicted of an offence under the WCNPA, or the Regulations shall have his professional guides licence withdrawn by the Director for such period as the Director may determine.

The Botswana Tourism Organisation (BTO) Act establishes the Botswana Tourism, an organisation that is given the responsibility to develop and improve the existing tourism opportunities and diversify the sector to include other forms of tourism, such as cultural and heritage tourism, eco-tourism, entertainment, recreational and leisure tourism and bring them to the required marketable standard. The Board of the BTO, determine policies for giving effect to the objects and purposes of the BTO Act; advise the Minister to change, review or formulate industry and policies and strategies where necessary; set performance targets and design programmes aimed at facilitating the continued growth and development of tourism; and investigate any matter that may have a negative effect on the tourism industry, and make recommendations thereon to the Minister. 

Besides its marketing and destination promotion functions, the BTO is currently tasked with inviting potential JVP partners for CBOs to tender for contracts. These are then evaluated according to the BTO’s bid adjudication criteria. The BTO’s role is to prevent CBOs from choosing unsuitable partners and to ensure that fairer deals are struck in contract negotiations. Community trust CBOs are institutions created by communities to implement activities within the frame of the CBNRM program, mostly through tourism development. Membership of community trusts generally includes all people who have resided in the concerned village(s) for more than 5 years. The operations of community trusts are guided by constitutions, which specify, inter alia, the membership and duties of the trusts, the power of the board of trustees (BoT), the way meetings are held, resources are governed, and sanctions of the trusts are handled. The BoT is the supreme governing body of each CBO. In most CBOs, the BoT is composed of ten members. It acts as intermediary between government agencies, NGOs and the communities they represent on issues of local participation in tourism development and conservation.

The BoT conducts and manages all the affairs of the trust on behalf of its members, i.e. the local village community. As a result of its important role in resource management, the BoT is a key platform for decision making regarding quotas and benefit distribution, business deals with the private tourism sector, and agreements with support agencies, like donors and nongovernmental organizations (NGOs).

The President and Minister responsible for tourism are also key actors in ecotourism. The President is instrumental in establishing protected areas such as national parks where eco-tourism occurs, whereas the Minister is responsible for the control, management and maintenance of national parks.

At central level, the Tourism Act creates the Tourism Industry Licensing Committee responsible for issuing tourist enterprise licenses, amending and/or revoking them. The Department of Wildlife and National Parks issues licenses to facilitate eco-tourism activities, for professional hunters, professional guides, assistant professional guides, and specialist guides.

The Tourism Policy, 2021 recognizes the need for coordination among government departments to ensure successful tourism industry. Strategies to improve coordination include establishing multi-sectoral coordinating mechanisms to ensure greater coordination and effective implementation of policies and plans among the various sectors that impact on tourism. Also, the Ecotourism Strategy provides for the need of coordination amongst different stakeholders. Actions provided for include expanding the use of Local Advisory Committees (LACOMs) to include commercial sector and local communities in the management decision making process for protected areas. For the purpose of grading tourist enterprises, the Botswana Tourism Organisation carries out inspections of documents or building plans, or of buildings or sites, with or without the assistance of other officials, such as planners or health inspectors, as it considers necessary or desirable.

The law ensures that there is no duplication of roles by indicating the responsibilities of the institutions involved. For instance, the Tourism Licensing Committee is responsible for issuing tourism enterprises licenses while the BTO grades licensed tourist enterprises.

The private sector plays a vital role in the tourism sector. Communities enter several types of business arrangements with the private sector, with the joint venture business model being the most preferred. In the Joint Venture Partnership (JVP) model, the private sector is expected to develop and manage each business as a joint venture with the community. Over time, it is expected to train community members to manage parts of the venture and to develop their own ancillary enterprises.

The WCNPA empowers the Minister who is responsible for the control, management and maintenance of national parks to delegate the administrative functions to the Director of Wildlife and National Parks. The Director is also empowered to delegate to any wildlife officer his powers as he considers necessary or desirable.

Community Escort Guides (CEGs) are employed by respective communities to enforce the rules of conservation in their CHAs on behalf of their community members. CEGs are trained by DWNP and work in community trusts to escort safari hunting activities and ensure that all hunting in the community CHA is conducted within the laws of Botswana. In photographic areas they ensure that safaris are conducted within the correct zone and that photographic activities do not harm nature. Failure to observe the law empowers CEGs to arrest and hand over the culprit to the Botswana police.

The BTO Act empowers the Board to delegate some of its functions to committees established by it to deal with matters it considers necessary (section 15). Also, the Chief Executive Officer as per section 18 (4), may delegate, to any senior officer of Botswana Tourism, the exercise of any powers which he or she is authorised to exercise under the BTO Act.