ZMB- BA - INSTITUTIONAL SET-UP
PRECONDITIONS
Zambia / Preconditions
INSTITUTIONAL FRAMEWORK RELEVANT TO PRECONDITIONS
INSTITUTIONAL SETUP
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Section 5 (extract)- "(1) There is established in the Ministry responsible for tourism the Department of National Parks and Wildlife which shall be responsible for the administration of this Act under the general direction of the Permanent Secretary of the Ministry. (2) Subject to the other provisions of this Act, the functions of the Department are to —(a) control, manage, conserve, protect and administer National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas and coordinate activities in these areas; (b) in partnership with local communities, share the responsibilities of management in Community Partnership Parks and Game Management Areas; (c) adopt methods to ensure the sustainability, conservation
and preservation in the natural state of eco-systems and
biological diversity in the National Parks, Community Partnerships Parks, bird and wildlife sanctuaries and
Game Management Areas; (d) encourage the general development of National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas, including the development of facilities and amenities within these areas in accordance with the management plans for those areas; (e) sensitise and educate the general public on the necessity of wildlife conservation and the importance of wildlife to foster appreciation of the economic and aesthetic (f) uundertake measures to ensure the proper balance between
the sustainable use of wildlife and the management of
eco-systems in National Parks, Community Partnership
Parks, bird and wildlife sanctuaries and Game Management Areas; (g) enhance the economic and social well-being of local communities in or around Community Partnership Parks and Game Management Areas;
(h) prepare and implement management plans for National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas in
consultation with relevant stakeholders; (i) issue licences, certificates and permits under this Act; (j)in partnership with local communities, grant hunting concessions to hunting outfitters and non-consumptive tourism operators in Game Management Areas; (k) assist and advise the boards in the management of human and natural resources in Game Management Areas and open areas which fall under their jurisdiction; (l) formulate and advise the Minister on the regulations for the preparation and implementation of general management plans for National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas; (m) ensure the systematic management of financial, human and natural resources for wildlife conservation so that the abundance and diversity of species is maintained at optimum level; (n) advise the Minister on the regulations required to conserve,
protect and manage wildlife in National Parks, Community Partnership Parks, bird and wildlife
sanctuaries, Game Management Areas, open areas and
private wildlife estates; (o) pay out monies into a fund established by a board and regulate the use of the funds from profits accrued from the revenues payable under this Act in respect of licences, certificates and permits issued, hunting concessions granted and services rendered from the use of wildlife within an area of a board as the Minister may prescribe, in consultation with the Director;value of wildlife as natural assets;(p) regulate trophy hunting operations and non-consumptive
tourism operations in Game Management Areas; (q) grant and regulate tourism block concessions in tourism
blocks; (r) co-operate with persons and organisations with an interest in the activities of the Department and are prepared to assist the Department on a voluntary basis and comply with the requirements set by the Ministry;
(s) regulate private wildlife estates; (t) carry out commercial activities related to consumptive and
non-consumptive tourism; and (u) carry out any other activities relating to wildlife conservation and management that are necessary to the performance of its functions under this Act."
Section 32 (extract)- "(1) A local community along geographic boundaries contiguous to a chiefdom in a Game Management Area, an open area or a particular chiefdom with common interest in the wildlife and natural resources in that area, may apply to the Minister for registration as a community resources board."
Section 33 (extract)- (1) The functions of a board are to promote and develop an integrated approach to the management of human and natural resources in a Community Partnership Park, Game Management Area or an open area falling under its jurisdiction. (2) Without prejudice to the generality of subsection (1), a board
may —(a) negotiate, in conjunction with the Department, comanagement agreements with hunting outfitters and
photographic tour operators; (b) manage the wildlife under its jurisdiction within quotas specified by the Department; (c) appoint community scouts to exercise and perform the duties of a wildlife police officer under the supervision of a wildlife police officer in the area falling under the board’s jurisdiction; (d) in consultation with the Director, develop and implement management plans which reconcile the various uses of land in areas falling under the board’s jurisdiction; and (e) perform such other functions as the Minister or Director may direct or delegate to it.
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Preamble (extract)- We, the people of Zambia: Confirm he equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order;
Article 257 (extract)- "The State shall, in the utilisation of natural resources and management of the environment- (d) encourage public participation;
Article 8 (extract)- "The national values and principles are—(c) democracy and constitutionalism; (d) human dignity, equity, social justice, equality and nondiscrimination; (f) sustainable development."
Article 9 (extract)-"(1) The national values and principles shall apply to the — (a) interpretation of this Constitution;(b) enactment and interpretation of the law; and (c) development and implementation of State policy."
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Section 62 (extract)- "(1) The Minister shall, by statutory instrument, constitute a planning appeals tribunal for each Province of the Republic which shall determine disputes and hear and determine appeals from the decisions of planning authorities in the Province."
Section 3 (extract)- "The Lands Tribunal established under the Lands Act, 1995, shall continue to exist as if established under this Act."
Section 4 (extract)-(1) Subject to the Constitution, the Tribunal shall have jurisdiction to hear and determine disputes relating to land [...]"