BWA- IA - GENERAL REQUIREMENTS
HUMAN-WILDLIFE CONFLICTS
Botswana / Human-wildlife conflicts
HUMAN-WILDLIFE CONFLICTS
GENERAL REQUIREMENTS
questions
2 answers
document title
text/abstract
Section 8 (extract):
(2) Notwithstanding the provisions of subsection (1), it shall not be an offence for any person-
(a) to kill any dangerous animal in a national park where such killing is necessary in defence of human life or to prevent the infliction of personal injury;
Section 47:
(1) Notwithstanding anything in this Act, it shall not be unlawful for any person to kill or wound any animal in defence of himself or any other person if immediately and absolutely necessary.
(2) The burden of proving that an animal has been killed or wounded in accordance with the provisions of this section shall lie upon the person who did the killing or wounding.
(3) Where any game animal is killed in circumstances such as are referred to in subsection
(1) by any person who is not the holder of a licence or permit entitling or authorizing him to kill such animal, such animal shall be a Government trophy and such person shall as soon as possible, and in any event not later than 7 days after the killing, report such killing to the nearest convenient wildlife officer or police station, and shall, if so directed, deliver the animal or such parts thereof as may be specified, to such wildlife officer or police station, as the case may be, and any person who fails to comply with the provisions of this subsection shall be guilty of an offence and liable to a fine of P500 and to imprisonment for 6 months.
Regulation 4 (extract):
1) A person may kill a lion where— …
(b) a lion or a group of lions threatens human life in terms of section 47 of the Act.
2 answers
document title
text/abstract
Section 39 (extract):
(2) The Director shall not grant a permit authorizing the killing or capturing of any animal in a national park, game reserve or sanctuary for any of the purposes mentioned in subsection (1), except only on the ground that, and where he is satisfied that, such killing or capturing is necessary for scientific purposes or for the protection of life or property, or in the interests of the conservation, management, control or utilization of wildlife.
Section 40 (extract):
(1) Notwithstanding anything in this Act, a licensing officer may grant a permit authorizing,
elsewhere than in a national park, game reserve or sanctuary-
(a) the killing, capturing and driving of animals for the purpose of the control of disease;
...
(b) the killing or capturing of animals in the interests of public safety or for the protection of livestock, grazing, crops, water installations or fences.
(2) Notwithstanding the provisions of subsection (1), where the animals in respect of which the permit is sought are protected game animals, the licensing officer shall refer the matter to the Director, and the grant of the permit shall be by the Director at his discretion.
Section 46 (extract):
(1) Notwithstanding anything to the contrary in this Act, the owner or occupier of land, or any agent of such owner or occupier may, subject to the provisions of this Act, kill any animal which caused, is causing or threatens to cause damage to any livestock, crops, water installation or fence on such land: Provided that nothing in this section shall authorize the killing of an animal which is in a national park or a game reserve, or the use of any poisoned weapon, pitfall or snare for the killing of any animal.
Regulation 2 :
Section 46 (1) of the Act which permits the owner or occupier of land, or any agent of such owner or occupier to kill any animal which caused, is causing or threatens to cause damage to any livestock, crops, water installation or fence on such land shall not apply in respect of a lion.
2 answers
document title
text/abstract
Section 46 (extract):
(2) Any person who has killed an animal in terms of subsection (1) shall, as soon as possible, and in any case not later than 7 days after the event, report the circumstances of such killing, and deliver the trophies of such animal, to the nearest wildlife officer or police station.
Section 47(extract):
(3) Where any game animal is killed in circumstances such as are referred to in subsection (1) by any person who is not the holder of a licence or permit entitling or authorizing him to kill such animal, such animal shall be a Government trophy and such person shall as soon as possible, and in any event not later than 7 days after the killing, report such killing to the nearest convenient wildlife officer or police station, and shall, if so directed, deliver the animal or such parts thereof as may be specified, to such wildlife officer or police station, as the case may be, and any person who fails to comply with the provisions of this subsection shall be guilty of an offence and liable to a fine of P500 and to imprisonment for 6 months.
Regulation 3 (extract):
(2) A person who kills a lion shall, within seven days of the event, make a report thereof to the nearest wildlife office or police station.
2 answers
document title
text/abstract
Section 15 (extract):
(4) In his duties relating to the development of wildlife management areas, their management plans and their administration, the Director shall consult with the land boards and district councils responsible for the areas concerned.
Section 45 (extract):
(1) The Minister may, by order published in the Gazette, prohibit, for periods not exceeding 12 months at a time, the hunting or disturbance of any animals, or any species or sex of animals or any specimen of animal, in any defined area or areas, or the removal of any animal or part of any animal from any defined area or areas, for purposes of control of the spread of disease, protection of life or property, or for administrative purposes:
Provided that where the area to which the order relates, or any part thereof, is private land, the Minister shall, in addition to the publication of the order in the Gazette, cause it to be published for seven consecutive days on the notice board of the district office for the area in which that land is situated.
Section 54:
(2) Any person who, in any circumstances, wounds but does not kill a dangerous animal, shall make a report thereof at the nearest convenient police station or to a wildlife officer at the earliest opportunity after the failure of his efforts to kill such animal, and such report shall specify the date on which and the place at which it was wounded, the type of wound and the weapon with which it was inflicted, the efforts made to kill the animal after it was wounded, the time and place at which the animal was finally lost, and any other information likely to be of use in locating or identifying the animal, and shall include the name of any other person who witnessed the wounding or who participated in the efforts made to kill the animal.
(3) Any person who, whilst hunting, witnesses the wounding of a dangerous animal, shall make a report thereof at the nearest convenient police station or to a wildlife officer at the earliest opportunity after witnessing the event, stating the name of the person who inflicted the wound, unless to his knowledge some other person has already made such report.
Para 5.7 Human -Wildlife Conflict
5.7.1 Human-wildlife conflicts have increased in time despite efforts to minimise the conflicts. The conflicts are caused by conflicting land uses located adjacent to each other, uncontrolled wildlife and livestock movements, competition for natural resources and expansion and development of new settlements. This Policy is meant to promote comprehensive participatory land use planning at appropriate levels, allowing people to continue co-existing with wildlife where possible.
5.7.2 Objective
5.7.2.1 To minimise conflicts between wildlife and human activities.
5.7.3 Strategies
5.7.3.1 Develop and implement a comprehensive human-wildlife conflict management strategy.
5.7.3.2 Provide incentives to increase tolerance of wildlife by encouraging sustainable utilisation of the resource while ensuring benefits return to affected communities. 5.7.3.3 Strengthen and empower Problem Animal Control (PAC) Unit to promptly respond to problem animal related issues.
5.7.3.4 Train and educate the communities on wildlife conservation and capacitate them to undertake problem animal control on their own.
5.7.3.5 Devolution of problem animal control responsibility to entities using WMAs according to user-rights.
5.7.3.6 Encourage, promote and facilitate establishment of problem animal sanctuaries by the private sector.
1 answer
document title
text/abstract
Para 5.7 (extract):
5.7.3.1 Develop and implement a comprehensive human-wildlife conflict management strategy.
5.7.3.2 Provide incentives to increase tolerance of wildlife by encouraging sustainable utilisation of the resource while ensuring benefits return to affected communities. 5.7.3.3 Strengthen and empower Problem Animal Control (PAC) Unit to promptly respond to problem animal related issues.
5.7.3.4 Train and educate the communities on wildlife conservation and capacitate them to undertake problem animal control on their own.
5.7.3.5 Devolution of problem animal control responsibility to entities using WMAs according to user-rights.
0 answer
1 answer
document title
text/abstract
Section 87:
No liability shall attach to the State or to the Minister or the Director or any wildlife officer or gate attendant for any loss of life or property or any damage or injury sustained by any person anywhere in Botswana by reason of the presence, action or depredations of any non-captive animal, whether or not such animal is within a national park, game reserve or sanctuary.
0 answer
2 answers
document title
text/abstract
Section 46 (extract):
(4) Compensation may be paid, as may be provided in regulations made under the Act, to any person who satisfactorily establishes that he has suffered damage from the action of an animal.
(5) The Minister may, by notice in the Gazette, determine rates of compensation to be paid in respect of claims made under the provisions of this section, where he considers such claims and such rates to be justified.
Regulation 2:
The amount of compensation payable to an owner whose livestock or other property has been destroyed by a predatory animal shall be the rate set out in the second column of the Schedule for the species of livestock or other property specified in relation thereto in the first column of the said Schedule
1 answer
document title
text/abstract
Regulation 2:
The amount of compensation payable to an owner whose livestock or other property has been destroyed by a predatory animal shall be the rate set out in the second column of the Schedule for the species of livestock or other property specified in relation thereto in the first column of the said Schedule
1 answer
document title
text/abstract
Regulation 4(extract):
(1) The purpose of the Fund is to finance and promote activities designed to conserve, protect and manage Botswana environment.
(2) Without prejudice to the generality of subparagraph (1), the Fund may provide for -
…
(g) compensation for damage caused by wildlife.
1 answer
document title
text/abstract
Regulation 7:
There shall be paid into the Fund-
(a) monies as may be appropriated by the National Assembly for the purposes of the Fund;
(b) revenues from the sale of hunting quota and concessions by communities;
(c) ...;
(d) monies collected from levies, fines and licences for environmental pollution and management, as may be determined by the Minister;
(e) monies collected from other environmental conservation and management grantmaking activities as may be determined by the Minister;
(f) grants, donations and contributions from other sources; and
(g) any monies accruing on or from investments made from monies in the Fund.
1 answer
document title
text/abstract
Section 46 (extract):
(4) Compensation may be paid, as may be provided in regulations made under the Act, to any person who satisfactorily establishes that he has suffered damage from the action of an animal.
(5) The Minister may, by notice in the Gazette, determine rates of compensation to be paid in respect of claims made under the provisions of this section, where he considers such claims and such rates to be justified.
1 answer
document title
text/abstract
Section 46 (extract):
(5) The Minister may, by notice in the Gazette, determine rates of compensation to be paid in respect of claims made under the provisions of this section, where he considers such claims and such rates to be justified.
2 answers
document title
text/abstract
Section 46 (extract):
(6) Any person who-
(a) kills any animal in defence of property otherwise than in accordance with the provisions of subsection (1);
(b) fails to report the killing of any animal in accordance with the provisions of subsection (2); or
(c) uses, retains or disposes of any trophy or meat of the animal so killed otherwise than under or in accordance with this section, shall be guilty of an offence and without derogation from his liability under any other provision of this Act shall be liable to a fine of P1000 and to imprisonment for 1 year.
Section 47 (extract):
(3) Where any game animal is killed in circumstances such as are referred to in subsection (1) by any person who is not the holder of a licence or permit entitling or authorizing him to kill such animal, such animal shall be a Government trophy and such person shall as soon as possible, and in any event not later than 7 days after the killing, report such killing to the nearest convenient wildlife officer or police station, and shall, if so directed, deliver the animal or such parts thereof as may be specified, to such wildlife officer or police station, as the case may be, and any person who fails to comply with the provisions of this subsection shall be guilty of an offence and liable to a fine of P500 and to imprisonment for 6 months.
Regulation 3 (extract):
(3) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P1,000 and to imprisonment for a term not exceeding one year.