BWA- GB - ECOTOURISM DEVELOPMENT
NON-CONSUMPTION USE
Botswana / Non-consumption use
WILDLIFE CONSERVATION (ECOTOURISM)
ECOTOURISM DEVELOPMENT
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Section 4(extract):
(b) plan, formulate and implement strategies for promoting sustainable tourism development in collaboration with the private sector in the tourism industry, local authorities, local communities and non-governmental organisations
Section 2 (extract):
"tourist enterprise" means 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.
Section 16(extract):
(1) The licensing of tourist enterprises shall be classified in accordance with the categories set out in the Schedule to this Act.
Schedule
Category
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B 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.
C Operations that offer off-site facilities such as mobile safaris operators that receive and transport travellers and guests within protected areas.
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Section 15 (extract):
(1) No person shall carry on, or assist in carrying on, any tourist enterprise otherwise than under and in accordance with the terms and conditions of a licence issued under this Act: Provided that the provisions of this subsection shall not apply to an employee of a tourist enterprise in respect of the performance of his or her duties as such employee, or to such enterprise as the Minister may, by regulation, where he or she considers it appropriate in all the circumstances, taking into account factors such as the size of the enterprise, its location or other pertinent matters, exempt
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Section 4(extract):
(b) plan, formulate and implement strategies for promoting sustainable tourism development in collaboration with the private sector in the tourism industry, local authorities, local communities and non-governmental organisations
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(m) develop and improve the existing tourism opportunities and diversify the sector to include other forms of tourism, such as cu ltural and heritage tourism, eco-tourism, entertainment, recreational and leisure tourism and bring them to the required marketable standard
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Section 4(extract):
(b) plan, formulate and implement strategies for promoting sustainable tourism development in collaboration with the private sector in the tourism industry, local authorities, local communities and non-governmental organisations
…
(m) 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
Section 2 (extract):
"professional guide" means any person, other than a tracker, driver, beater, bearer or domestic servant who, for hire or reward, conducts or assists any other person or party for the purpose of visiting, viewing or photographing animals or places of interest or beauty, or of botanical, historical, geological, ethnological or archaeological significance, or for the purpose of sport fishing, but which purpose shall not include the hunting or capture of animals;
"professional hunter" means any person who, for hire or reward, conducts hunting or photographic parties, or any person other than a tracker, driver, beater, bearer or domestic servant who, for hire or reward, assists any person or party in the hunting or photographing of any animal;
Section 43 (extract): (1) No person shall act as a professional guide unless he is in possession of such valid professional guide's licence as may be prescribed, and any person who contravenes the provisions of this subsection shall be guilty of an offence and liable to a fine of P2 000 and to imprisonment for 2 years.
(2) Application for a professional guide's licence shall be made to the Director in such form as may be prescribed, and the Director may, require the applicant to take and pass such examination as he thinks fit.
(3) The Director may, at his discretion, issue a professional guide's licence, subject to such terms and conditions as he may approve, and on payment of such fee as may be prescribed, and such licence shall be valid until the 31st day of December in the year of its issue:
Provided that the Director may revoke the licence of any professional guide who fails to comply with any term or condition of the licence or who is guilty of any offence under this Act or under section 131 of the Penal Code, or who permits a client to contravene any of the provisions of this Act or of any regulations made under the Act.
Section 44 (extract):
(1) No person shall act as a professional hunter unless he is in possession of such professional hunter's licence as may be prescribed, and any person who contravenes the provisions of this subsection shall be guilty of an offence and liable to a fine of P5 000 and to imprisonment for 5 years.
(2) Application for such licence as is referred to in subsection (1) shall be made to the Director in such form as may be prescribed, and the Director may require the applicant to take and pass such examination as he thinks fit.
(3) The Director may, at his discretion, issue such licence, subject to such terms and conditions as he may approve, and on payment of such fee as may be prescribed, and such
licence shall be valid until the 31st day of December in the year of its issue:
Provided that the Director may revoke the licence of any professional hunter who fails to comply with any term or condition of the licence or is guilty of any offence under this Act or under section 131 of the Penal Code, or who permits a client to contravene any of the provisions of this Act or any regulations made under the Act.
Regulation 9 (extract):
(4) All game drives, walking safaris and other tours shall be conducted only by holders of professional guide licences issued under the Wildlife Conservation and National Parks Act, 1992, 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.
Regulation 16 (extract):
(1) No person shall enter Botswana for the purpose of conducting a commercial tour unless accompanied by a guide holding any of the licences specified under subregulation
(2), and the vehicle or boat the person travels in is driven by the guide.
(2) The licences referred to in subregulation (1) are-
(a) professional guide licence;
(b) assistant professional guide licence;
(c) specialist guide licence.
Regulation 20 (extract):
(1) The Director may issue a professional guide licence as specified under regulation 16(2)(a), if he is satisfied that the applicant-
(a) is over 21 years of age;
(b) has held an assistant professional guide licence for a period not less than three years or has appropriate experience; and
(c) has successfully completed any test as required under regulation 17(2).
(2) A professional guide licence entitles the holder thereof to undertake all non-hunting guiding activities including mobile safaris, boat safaris and game viewing.
Regulation 22(extract):
(1) The Director may issue an assistant professional guide licence as specified under regulation 16(2)(b), if he is satisfied that the applicant-
(a) is over 18 years of age;
(b) a citizen of Botswana; and
(c) has successfully completed any test as may be required under regulation 17(2).
(2) 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.
(3) A holder of an assistant professional guide licence may accompany a professional guide on mobile safaris, walking safaris, animal back safaris and night drives.
Regulation 23:
(1) The Director may issue a specialist guide licence as specified under regulation 16(2)(c), if he is satisfied that the applicant-
(a) is over 18 years of age;
(b) is a citizen of Botswana; and
(c) has successfully completed any test as may be required under regulation 17(2).
(2) A specialist guide licence entitles a holder thereof to undertake animal back safaris, tours by dug out canoe (mekoro), cultural natural resource use tours including botanical tours and ornithology
Regulation 16 (extract):
(1) No person shall undertake recreational fishing in Botswana unless he or she is in possession of a recreational fishing licence issued by the Director.
(2) A licence under subregulation (1) shall be in Form I set out in Schedule 1 and shall be accompanied by a fee set out in Schedule 2.
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(5) A seasonal recreational fishing permit in Form J, set out in Schedule 1 shall be issued to a fishing camp.
Regulation 17 (extract):
(1) Any person who intends to stage a recreational fishing competition shall apply to the Director for a recreational fishing competition permit, in Form K set out in Schedule 1, at least two months before the date of such competition, giving the time and place thereof and the rules and conditions governing the competition for approval by the Director.
(2) A recreational fishing competition permit shall be issued by the Director on the payment of a fee of P5,000.
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Regulation 17 (extract):
(3) A guide licence specified under regulation 16(2) shall be in the form set out in the Twenty Second Schedule and shall be issued on payment of an appropriate fee specified in the Twenty Third Schedule.
Regulation 16(extract):
(2) A licence under subregulation (1) shall be in Form I set out in Schedule 1 and shall be accompanied by a fee set out in Schedule 2.
Regulation 17 (extract):
(2) A recreational fishing competition permit shall be issued by the Director on the payment of a fee of P5,000.
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Section 43 (extract):
(2) Application for a professional guide's licence shall be made to the Director in such form as may be prescribed, and the Director may, require the applicant to take and pass such
examination as he thinks fit.
(3) The Director may, at his discretion, issue a professional guide's licence, subject to such terms and conditions as he may approve, and on payment of such fee as may be prescribed,and such licence shall be valid until the 31st day of December in the year of its issue:
Provided that the Director may revoke the licence of any professional guide who fails to comply with any term or condition of the licence or who is guilty of any offence under this Actor under section 131 of the Penal Code, or who permits a client to contravene any of the provisions of this Act or of any regulations made under the Act.
Section 44(extract):
(2) Application for such licence as is referred to in subsection (1) shall be made to the Director in such form as may be prescribed, and the Director may require the applicant to take and pass such examination as he thinks fit.
(3) The Director may, at his discretion, issue such licence, subject to such terms and conditions as he may approve, and on payment of such fee as may be prescribed, and such licence shall be valid until the 31st day of December in the year of its issue:
Provided that the Director may revoke the licence of any professional hunter who fails to comply with any term or condition of the licence or is guilty of any offence under this Act or under section 131 of the Penal Code, or who permits a client to contravene any of the provisions of this Act or any regulations made under the Act.
Regulation 17(extract):
(2) The Director may issue a guide licence as specified under regulation 16(2), if he is satisfied that the applicant-
(a) has successfully completed any test that may be required by the Director, which test may be oral, written or practical; and
(b) fulfils all other conditions, as the Director may determine,
for the specific licence to be issued.
Regulation 20(extract):
(1) The Director may issue a professional guide licence as specified under regulation 16(2)(a), if he is satisfied that the applicant-
(a) is over 21 years of age;
(b) has held an assistant professional guide licence for a period not less than three years or has appropriate experience; and
(c) has successfully completed any test as required under regulation 17(2).
Regulation 22(extract):
(1) The Director may issue an assistant professional guide licence as specified under regulation 16(2)(b), if he is satisfied that the applicant-
(a) is over 18 years of age;
(b) a citizen of Botswana; and
(c) has successfully completed any test as may be required under regulation 17(2).
Regulation 23 (extract):
(1) The Director may issue a specialist guide licence as specified under regulation 16(2)(c), if he is satisfied that the applicant-
(a) is over 18 years of age;
(b) is a citizen of Botswana; and
(c) has successfully completed any test as may be required under regulation 17(2).
Regulation 16 (extract):
(1) No person shall undertake recreational fishing in Botswana unless he or she is in possession of a recreational fishing licence issued by the Director.
(2) A licence under subregulation (1) shall be in Form I set out in Schedule 1 and shall be accompanied by a fee set out in Schedule 2.
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(5) A seasonal recreational fishing permit in Form J, set out in Schedule 1 shall be issued to a fishing camp.
Regulation 17(extract):
(1) Any person who intends to stage a recreational fishing competition shall apply to the Director for a recreational fishing competition permit, in Form K set out in Schedule 1, at least two months before the date of such competition, giving the time and place thereof and the rules and conditions governing the competition for approval by the Director.
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Regulation 20:
(2) A professional guide licence entitles the holder thereof to undertake all non-hunting guiding activities including mobile safaris, boat safaris and game viewing.
(3) A professional guide licence may be endorsed for other activities such as-
(a) walking safaris;
(b) animal back safaris for the type of animal endorsed on the licence; or
(c) night driving.
(4) The endorsement under subregulation 3(a) and (b) allow the holder of a professional guide licence to carry firearms on such safaris both inside and outside national parks and game reserves.
Regulation 22:
(2) 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.
(3) A holder of an assistant professional guide licence may accompany a professional guide on mobile safaris, walking safaris, animal back safaris and night drives.
Regulation 23:
(2) A specialist guide licence entitles a holder thereof to undertake animal back safaris, tours by dug out canoe (mekoro), cultural natural resource use tours including botanical tours and ornithology
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Para 7.1 : (extract)Community involvement in the management of the coutry's natural resources is thus important for the long-term sustainability of the tourism sector butt also offers the opportunity for communities to become actively involved in tourism enterprises.
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Section 43 (extract):
(4) A professional guide's licence shall not be transferable, and no person other than the person to whom it is issued shall operate under the authority of a professional guide's licence, and any person who contravenes the provisions of this subsection shall be guilty of an offence and liable to a fine of P2 000 and to imprisonment for 2 years.
Section 44 (extract):
(4) A professional hunter's licence shall not be transferable, and no person other than the person to whom it is issued shall operate under the authority of such licence, and any person who contravenes the provisions of this subsection shall be guilty of an offence and liable to a fine of P2 000 and to imprisonment for 2 years.
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Section 41 (extract):
(1) Every permit issued under this Act shall be subject to such terms and conditions as may be prescribed and to all such other terms, conditions and requirements as the Minister, the Director or the licensing officer, as the case may be, deems fit to impose in each case, and as shall be endorsed on the permit, and any person to whom such permit is issued who contravenes or fails to comply with any of the terms, conditions or requirements subject to which it is issued shall be guilty of an offence and liable to a fine of P1 000 and to imprisonment for 1 year, and where the contravention is in respect of the killing or capturing of any animal, shall be liable to the same penalties as are provided in sections 17, 18 and 19 in respect of the hunting or capture of the same animal.
Section 43 (extract):
(4) A professional guide's licence shall not be transferable, and no person other than the person to whom it is issued shall operate under the authority of a professional guide's licence, and any person who contravenes the provisions of this subsection shall be guilty of an offence and liable to a fine of P2 000 and to imprisonment for 2 years.
Section 44 (extract):
(8)(a) A professional hunter shall 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 contravene any of those terms and conditions or any of the provisions of this Act, and where his client commits an offence under this Act or any regulations made under this Act he shall report the commission of such offence to a wildlife officer.
(b) Without derogating from the liability of his client in respect of any contravention of this Act or any regulations under this Act, any professional hunter who fails to comply with any provision of paragraph (a) shall be guilty of an offence and liable to a fine of P5 000 and to imprisonment for 5 years.
Regulation 16(ectract):
(5) Any person who stages a recreational fishing competition without a recreational fishing permit shall be guilty of an offence and liable in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.
(6) Without prejudice to any sentence passed under subregulation (5), a person may in addition to such sentence be banned from undertaking any commercial fishing, recreational fishing or staging or participating in a recreational fishing competition for five years.