Zambia- Statutory law – Non consumption use
Non consumption use
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Zambia
Summary
Activities such as animal watching, photographing, bird watching, walking in the wilderness, a walking safari, angling, canoeing and boating, can be conducted in a tourist block, which can be located in protected areas, such as National parks or Community partnership parks, or in Game Management Areas (GMAs). The DNPW regulates non-consumptive tourism operations and in partnership with local communities, grant concessions to non-consumptive tourism operators in Game Management Areas in GMAs, and grants tourism block concessions in tourism blocks. A person holding a tourism enterprise licence can be issued a photographic tour operator’s permit. CRBs can negotiate, in conjunction with the Department, co-management agreements with photographic tour operators. According to the National Parks and Wildlife Policy, some of the challenges that need to be addressed in the wildlife sector are: inadequate funding from the central treasury for wildlife conservation; inadequate incentives for the conservation of wildlife on customary lands vis-à-vis lack of security of tenure; the inability to adequately access and benefit from wildlife resources; and weak sectoral linkages and coordination with other sector policies that have both direct and indirect bearing on the wildlife and tourism sector.
WILDLIFE CONSERVATION (ECOTOURISM)
IDENTIFICATION OF PROTECTED AREAS FOR ECOTOURISM
Protected areas for ecotourism are designated based on environment and wildlife management plans, following the guidance of the International Union for Conservation of Nature (IUCN). The Wildlife Act establishes various protected areas, including National Parks, Community Partnership Parks (CPPs), bird and wildlife sanctuaries, and Game Management Areas (GMAs) for sustainable wildlife use. The Forest Act, Tourism and Hospitality Act, Environmental Management Act, and Fisheries Act also establish different types of protected areas.
National Parks focus on conserving and enhancing wildlife, ecosystems, biodiversity, and natural beauty. The President, in consultation with the Minister of Tourism and local communities, creates National Parks. Bird and wildlife sanctuaries can be declared by the Minister through statutory instruments. Community Partnership Parks are established for environmental education, recreation, gene conservation, and preserving natural amenities. Partnership agreements between communities and the Department of National Parks and Wildlife (DNPW) can be made for CPP management. Entry and traffic are restricted, hunting is generally prohibited, and certain activities, such as carrying weapons, disturbing wildlife, and introducing non-native species, are prohibited in all protected areas. Non-consumptive tourism, including visits to cultural and heritage sites, is allowed. A person shall not acquire a certificate of title in respect of any land within a National Park, CPP, or bird or wildlife sanctuary. Game Management Areas are designated for sustainable wildlife utilization. The President, in consultation with the Minister and local communities, creates GMAs. Local communities can apply to become registered Community Resource Boards (CRBs) and engage in integrated resource management in GMAs, CPPs, or open areas. CRBs can negotiate co-management agreements with tour operators and develop management plans. Settlements are allowed in GMAs if they comply with management plans. Hunting without a license is an offense, with stricter penalties for rhinoceros and elephants.
Heritage sites and monuments are also considered protected areas.
Fishing in a fisheries management area within a local forest, National Forest, or National Park must be consistent with sustainable forest or wildlife management. Ecologically fragile or sensitive lands can be declared environmentally protected areas by other laws.
Non-consumptive tourism activities, such as wildlife watching and photography, are regulated in protected areas. The Hospitality and Tourism Act emphasizes the development of tourism plans that prioritize environmental sustainability and nature tourism. Sector strategies should consider local communities and wildlife's access to land and water resources. However, there is no mention of benefit transfer to communities in the Wildlife Act and Tourism Act. A Government Gazette Notice provides for community benefit through land user fees.
Tourism blocks encompass National Parks, bird sanctuaries, wildlife sanctuaries, CPPs, GMAs, or specific areas within them dedicated to non-consumptive tourism. Listing or delisting of ecotourism areas involves multi-stakeholder consultation. The Tourism and Hospitality Act mandates the mainstreaming of gender and environmental considerations in tourism programs and facilitates consultation with local communities. The law establishes civil, criminal, and administrative sanctions for violating wildlife conservation requirements.
ECOTOURISM DEVELOPMENT
The law makes provisions for and supports the existence of ecotourism-specified business (ESB), by allowing concessions to conduct non-consumptive tourism within a tourism block. As for all tourism enterprises, registration and licensing conditions must be met before the establishment of an ESB and to operate it. A CRB may negotiate, together with the Department, co-management agreements with photographic tour operators. The Tourism and Hospitality Act provides for the relevant conditions for travelling to natural areas that conserve the environment, improve the wellbeing of the local people. It ensures support for the setting up of ESBs related to wildlife conservation in protected areas, such as accommodation facilities, transport network and other conditions. In addition to the single licensing system for ESB created by The Tourism and Hospitality Industry Act for the tourism industry in general, specific permits are required to operate as a professional guide, authorizing the permit holder to conduct for reward, a photographic or viewing safari, and to take out clients on game drives and walks as may be specified in the permit., A person holding a tourism enterprise licence can be granted a photographic tour operator permit to take films or videos for commercial purposes in a National Park or CPP. In line with the permit system, there are conditions and terms for the issuance, suspension and revocation of ESB permits and authorizations. Permits fees are defined. A ESB permit cannot be transferred. The law provides for civil, criminal and administrative sanctions for contravention of wildlife conservation requirements.
ECOTOURISM LICENSING
The Tourism and Hospitality Act prescribes the conditions that must be met for licensing. The licensee shall allow and facilitate the inspection of the premises, records, and on any matter relating to the operations of the tourism enterprise , by an inspector, assessor or a committee of the Board; shall adhere to the period specified in the licence for the commencement of business, the minimum prescribed standards for the operation of the tourism enterprise, and any plans, programmes, projects or other reports submitted by the licensee to the Agency for the operation of the tourism enterprise. Once granted, the licence to operate, the licensee shall comply with the conditions that the Board endorses on the licence with respect to a permit issued under the single licensing system. The law requires that an environmental impact assessment be conducted and a report submitted in line with the dictates of the Environmental Management Act and there must be adherence to the environmental management plan and monitoring system in place.
In addition to the single licensing system for ESB created by the Tourism and Hospitality Industry Act for the tourism industry in general, specific permits are required to operate as a professional guide or a as a photographic tour operator. These permits are issued by the Wildlife Management Licensing Committee, upon applying in the prescribed manner and form, and upon payment of the prescribed fee, by a person who ordinarily resides in Zambia and who complies with the prescribed qualifying conditions, to operate as professional guide, or to a person holding a tourism enterprise licence, in case of a photographic tour operator’s permit. The Wildlife Act provides for the cost for permits. The law prohibits the transfer of licences and permits.
A tourism enterprise cannot operate without registering the business as a tourism enterprise in accordance with the Companies Act, 2017 and the Registration of Business Names Act, 2011.
Sanctions in the form of civil and criminal are prescribed.
INSTITUTIONAL FRAMEWORK RELEVANT TO WILDLIFE CONSERVATION (ECOTOURISM)
INSTITUTIONAL SET-UP
The DNPW issues licences, certificates and permits, and the Wildlife Management Licensing Committee considers applications for licences, permits and certificates, and grants, renews or refuses to grant or renew licences, permits and certificates; under the Wildlife Act DNPW in partnership with local communities grants hunting concessions to hunting outfitters and non-consumptive tourism operators in GMAs. The Zambia National Tourist Board is also assigned various responsibilities under the Tourism and Hospitality Act, namely: to regulate the tourism industry and promote cultural tourism, eco-tourism and nature tourism; to develop plans for tourism management and promotion that address environmental sustainability and nature tourism; and to ensure that all sector strategies include tangible concern for the environment, nature tourism and eco-tourism ethics.
INSTITUTIONAL COOPERATION AND COORDINATION
The law makes several provisions for coordination and cooperation between the Ministries in charge of tourism and wildlife and the environment. In drafting policies, the Minister of tourism is also required to consult stakeholders such as the communities, and transport, health, security and customs, and infrastructure authorities. All authorities responsible for natural resources management in Zambia are mandated to collaborate and/or work in consultation with the Environmental Management Agency on their conservation and protection. To avoid overlap, the Environment Agency shall manage natural resources in open areas that are not regulated or protected under any other written law; wildlife resources shall be managed in accordance with the Zambia Wildlife Act. Where a protected area for rural or urban tourism development falls within a GMA or a national park, or has been declared a protected area, under the Zambia Wildlife Act, the Ministry responsible for tourism and wildlife shall collaborate with the relevant authorities in the development of the area.
DELEGATION OF POWERS
The law delegates the management of wildlife to the Department National Parks and Wildlife. Among its core functions are to: control, manage, conserve, protect and administer National Parks, CPPs , bird and wildlife sanctuaries, and GMAs, and coordinate activities in these areas; in partnership with local communities, share the responsibilities of management in CPPs and GMAs; adopt methods to ensure the sustainability, conservation and preservation in the natural state of eco-systems and biological diversity in these areas and encourage their general development; sensitize and educate the general public on the necessity of wildlife conservation and the importance of wildlife to foster appreciation of the economic and aesthetic value of wildlife as natural assets. It shall enhance the economic and social well-being of local communities in or around CPPs and GMAs and in partnership with them grant concessions to non-consumptive tourism operators in GMAs. DNPW advises the Minister on the regulations required to conserve, protect and manage wildlife in National Parks, Community Partnership Parks, bird and wildlife sanctuaries, GMAs, open areas and private wildlife estates and grants and regulates tourism block concessions in tourism blocks.
The law delegates authority to a local community registered as a CRB to:negotiate, in conjunction with the Department, co-management agreements with hunting outfitters and photographic tour operators, and, in consultation with the Director, develop and implement management plans that reconcile the various uses of land in areas falling under the board’s jurisdiction. However, the Minister has the power to approve management plans of the CRBs, suspend them and transfer funds as appropriate. The Chiefs Act (1965) grants these leaders responsibility within their areas to ensure that the land and its natural resources are used and exploited under the law. Part XIX of the Constitution, as amended in 2016, recognizes the fundamental importance of people’s environmental rights and duties.