BWA- GC - ECOTOURISM LICENSING
NON-CONSUMPTION USE
Botswana / Non-consumption use
WILDLIFE CONSERVATION (ECOTOURISM)
ECOTOURISM LICENSING
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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 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.
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.
(2) For the purpose of section (1), the carrying on of a tourist enterprise includes negotiating, soliciting, canvassing or accepting business for an enterprise and engaging in correspondence with a potential customer of the enterprise, or with an agent of the potential customer, concerning the business of that enterprise.
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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Schedule 1 (regulation 3) (extract)
12. Tourist enterprises -
(a) hospitality facilities with 50 guest rooms or more; and
(b) hospitality facility in environmentally sensitive areas, including but not limited to campsites, lodges and hotels.
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Section 44 (extract):
(5) A professional hunter's licence shall, subject to the provisions of this section, entitle the holder thereof to act as a professional guide and in addition shall entitle the holder to assist any other person who is the holder of any licence or permit issued under this Act, to do any act or thing which the holder of such licence or permit is authorized to do under his licence or permit.
(6) A professional hunter's licence shall not entitle the holder to shoot at any animal except as provided in section 47, or to prevent the escape of an animal already wounded, and any such licence holder 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.
(7) If a professional hunter, while assisting any other person, kills any animal which he is not otherwise entitled under this Act to kill, and the person whom he is assisting is the holder of a licence or permit entitling such holder to hunt or kill an animal of that species, such animal shall be deemed to have been killed by such holder under that licence or permit, and shall be counted as an animal killed in terms of such licence or permit, and the holder thereof shall record the killing in accordance with the provisions of section 38: Provided that nothing in this subsection shall be construed as relieving the professional hunter of liability for any contravention of the provisions of subsection (6).
(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.
Section 20 (extract):
(1) A licensee shall not permit any person to manage, conduct or operate a tourist enterprise unless such person is fully conversant with the operations of the enterprise, and when called upon to do so, supply any information relating to the enterprise as may be required under this Act.
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Section 44 (extract):
(5) A professional hunter's licence shall, subject to the provisions of this section, entitle the holder thereof to act as a professional guide and in addition shall entitle the holder to assist any other person who is the holder of any licence or permit issued under this Act, to do any act or thing which the holder of such licence or permit is authorized to do under his licence or permit.
(6) A professional hunter's licence shall not entitle the holder to shoot at any animal except as provided in section 47, or to prevent the escape of an animal already wounded, and any such licence holder 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.
(7) If a professional hunter, while assisting any other person, kills any animal which he is not otherwise entitled under this Act to kill, and the person whom he is assisting is the holder of a licence or permit entitling such holder to hunt or kill an animal of that species, such animal shall be deemed to have been killed by such holder under that licence or permit, and shall be counted as an animal killed in terms of such licence or permit, and the holder thereof shall record the killing in accordance with the provisions of section 38: Provided that nothing in this subsection shall be construed as relieving the professional hunter of liability for any contravention of the provisions of subsection (6).
(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.
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Section 27(extract):
(1) Botswana Tourism shall-
(a) bearing in mind the interests of the tourist industry as a whole;
(b) after satisfying itself that the quality of accommodation or service offered by the applicant complies with the requirements specified under this Act; and
(c) the applicant's ability to provide and maintain such quality of accommodation and service, grade a tourist enterprise in accordance with the prescribed grades.
(2) If Botswana Tourism, after hearing such evidence or making such further enquiries as it considers necessary or desirable, decides on a particular grade for the tourist enterprise, it shall, on payment of such grading fees as may be prescribed, issue a grading certificate and a plaque in such form as may be prescribed, subject to such conditions as it considers necessary or appropriate.
(3) If after making all the necessary inspections and investigations, Botswana Tourism is not satisfied that a tourist enterprise qualifies to be graded it shall assign to the tourist enterprise, a grade symbol of "ungraded".
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Section 27:
(1) Any person aggrieved by any decision of the Committee in refusing to issue, transfer or amend a licence, or as to any condition attached to a licence, or as to the revocation, suspension or duplication of a licence, may appeal to the Minister within 30 days of that decision.
(2) Upon receipt of an appeal under subsection (1), the Minister may cause an investigation into the matter as he or she considers necessary or advisable, and may, during such investigation, permit the enterprise to operate, subject to such conditions as he or she thinks necessary.
(3) After the investigation, the Minister may dismiss the appeal or make an order to reverse, amend, uphold the decision of the Committee, or make such other decision as he or she considers proper in the circumstances.
(4) Where the Minister upholds a decision of the Committee to revoke a licence, he or she may, nevertheless, permit the enterprise a period of up to six months to wind-up the enterprise.
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Section 27:
(1) Any person aggrieved by any decision of the Committee in refusing to issue, transfer or amend a licence, or as to any condition attached to a licence, or as to the revocation, suspension or duplication of a licence, may appeal to the Minister within 30 days of that decision.
(2) Upon receipt of an appeal under subsection (1), the Minister may cause an investigation into the matter as he or she considers necessary or advisable, and may, during such investigation, permit the enterprise to operate, subject to such conditions as he or she thinks necessary.
(3) After the investigation, the Minister may dismiss the appeal or make an order to reverse, amend, uphold the decision of the Committee, or make such other decision as he or she considers proper in the circumstances.
(4) Where the Minister upholds a decision of the Committee to revoke a licence, he or she may, nevertheless, permit the enterprise a period of up to six months to wind-up the enterprise.
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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.
(2) A licence to carry on one category of a tourist enterprise shall not entitle the holder to carry on any other category of tourist enterprise.
(3) An enterprise issued with a licence under a specific category shall not use a name that denotes a different category other than that which it has been classified under, except for those that have been in existence before the coming into operation of this Act.
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.
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( 4) Recreational fishing shall be done -
(a) on a catch and release basis; and
(b) using a single fishing rod, line or hook.
(5) A seasonal recreational fishing permit in Form J, set out in Schedule 1 shall be issued to a fishing camp.
(6) Seasonal recreational fishing shall be done -
(a) on a catch and release basis; and
(b) using a single fishing rod, line or hook.
(6) The holder of a seasonal recreational fishing permit shall submit monthly catch and effort data in Form C, set out in Schedule 1.
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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Section 2 (extract):
"close season", in relation to any game animal and any area, means any period which is not an open season in respect of that animal and that area;
"open season", in relation to any game animal, other than a protected game animal, and any area, means the period declared by the Minister under section 36 as the period during which such game animal may be lawfully hunted in such area;
"season" means, in relation to any game animal and any area, the open season or, where no open season has been declared, a year commencing on the first Tuesday in April in such year;
Regulation 12 (extract):
(1) The period of time during which fish may be caught shall be the , period beginning on 1st March and ending on 31st December every year
Regulation 16 (extract):
(6) Seasonal recreational fishing shall be done -
(a) on a catch and release basis; and
(b) using a single fishing rod, line or hook.
(6) The holder of a seasonal recreational fishing permit shall submit monthly catch and effort data in Form C, set out in Schedule 1.
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Section 44 (extract):
(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):
(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.
Section 17 (extract):
(1) An application to operate a tourist enterprise shall be made to the Director in such form and accompanied by such fee as may be prescribed.
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.
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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Regulation 16 (extract):
(5) A seasonal recreational fishing permit in Form J, set out in Schedule 1 shall be issued to a fishing camp.
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Section 44 (extract)
(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):
(1) An application for a guide licence as specified under regulation 16(2) shall be made to the Director in the form set out in the Twenty-First Schedule.
(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 26 (extract):
(1) An application for any hunter licence as specified under regulation 25(2) shall be
made to the Director in the form set out in the Twenty First Schedule.
(2) The Director may issue a hunter licence as specified under regulation 25(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 may be determined by the Director, for the specific
licence to be issued.
Section 17:
(1) An application to operate a tourist enterprise shall be made to the Director in such form and accompanied by such fee as may be prescribed.
(2) Subject to subsection (3), where the application meets all the necessary requirements, the Committee shall issue a licence for the tourist enterprise in such form as may be prescribed.
(3) No licence shall be issued in respect of any tourist enterprise offering accommodation unless the premises to which an application relates meets the prescribed requirements: Provided that the Committee may issue a provisional licence in such form as may be prescribed, pending the meeting of all requirements by that tourist enterprise.
(4) The Committee may refuse to issue a licence where the proposed application does not meet the requirements of this Act: Provided that the Committee shall not refuse to issue a licence without first informing the applicant of the reasons for such refusal.
Section 21:
(1) The Committee may suspend, for such period as it considers appropriate, a licence issued under this Part, where-
(a) the licensee has failed to conduct business in accordance with the conditions attached to the licence he or she holds;
(b) an inspection report made in accordance with section 6(2) has recommended its suspension.
(2) A suspension under this section shall be for such period as the Committee may determine to enable the licensee to take remedial action so as to comply with such requirements of his or her licence and the provisions of this Act, the non-compliance of which form the basis of his or her licence.
Section 22:
The Committee may revoke a licence where-
(a) the enterprise, or the owner or person in charge, is convicted of a contravention of any of the provisions
of this Act, or of any regulations made under this Act, or of any offence or act involving dishonesty;
(b) in terms of the Botswana Tourism Organisation Act (Cap. 42:10), the tourist enterprise has failed to meet the minimum grading requirements within the set time limit;
(c) the licensee has failed to commence operation one year after the issue of the licence; or
(d) a licensed enterprise ceases to operate for a continuous period of 12 months:
Provided that the Committee may, before revoking a licence, carry out such investigations as may be necessary.
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.
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.
Annexure 1: The Application Process
The certification process will take place in nine steps, starting with the self-assessment or evaluation and concluding with the award of the certificate and the logo. The steps are as follows:
Step 1: Self-evaluation Procedure
Those tourism suppliers that would like to be certified must first complete a self-evaluation form, available free of charge on the BTO website or it can be mailed following a request to the Botswana Tourism Orgaisation (BTO) Quality Services Department.
The self-evaluation form allows the applicant to evaluate if their tourism product attains the desired level to be certifi ed. After this self-assessment the tourism supplier can decide to proceed to Step two or to take additional time to improve the business operations before submitting the certification application.
Step 2: Application for Green, Green+ or Ecotourism Certification
After the self-evaluation is completed and the tourism supplier has decided to proceed with certification, an official request must be submitted to the BTO Quality Services Department. The request must be posted to the regional BTO office and include the following documents (all of which are available for download from the BTO website, or can be mailed following a request to the BTO Quality Services Department):
- application form;
- self-evaluation form, including compliance with all relevant legislation;
- the required documentation to be reviewed by BTO prior to the site evaluation (see list detailing documents in the application form), or detailing what is available for inspection on site.
Step 3: Eco - tourism Assessors Selection and Scheduling
BTO records all the requests and starts the internal process by appointing an assessor and arranging for the site / tour evaluation. Site visits will be made when the applicant has clients on a tour in order to adequately assess their tourism product.
Step 4: Onsite Evaluation
The onsite evaluation will be performed by BTO's assessors. Depending upon the size of the operation and tourism activities conducted, the evaluation will take place over the course of a full day, or may require more than a full day. The assessor will fill in the evaluation form (same as this standards form) based on:
-objective observations,
-discussions with clients,
-discussions with staff.
The BTO assessor will collect the following materials:
-tour evaluation form completed;
-additional list with comments and recommendations;
-promotion materials of the tourism supplier;
-photos taken during site / tour evaluation.
Step 5: Certification decision by the Quality Services Committee
The Quality Services Committee will be provided with all the necessary forms from the assessors. They will analyse all the information provided by assessors and decide if the certifi cation will be awarded. Their decision will also include the level of certification. Where necessary a list of additional recommendations may also be included.
Meetings are held at least twice annually. There is a two-year award period. The applicant must apply for a renewal of their certification midway through year two with a formal request sent to the BTO.
Step 6: Presentation of Certificates
Based on the recommendation of the Quality Services Committee, the BTB issues the award to the applicant. The award comes in the form of a Certificate with the signature of the CEO of BTO and includes the time period for the right to use the Green, Green+ or Ecotourism logo.
Step 7: Appeals Procedure
If the evaluated operator does not agree with the grade awarded, they can request a re-evaluation. This process starts at Step 3.
Step 8: Re-evaluation and Renewal
During the last year of the certification, the awarded operation must re-launch the evaluation process including Steps 1 to 6. No extension of use of the certification logo will be authorized after the expiry date. Therefore the renewal and re-evaluation process must start at least six months in advance of the expiry date.
Step 9: Periodic Monitoring
During the award period, the certified operation will be monitored to ensure that the operation complies with stipulated requirements. Following successful certification, a certified operation will be permitted to use the appropriate logo. This permission is granted for the duration of the certification.
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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.
Section 19 (extract):
(1) An application for an amendment to a licence, or for a transfer of a licence from one company to another or from one establishment to another, shall be made to the Director in such forms as may be prescribed and shall be dealt with in the same manner as an original application for a licence: Provided that whilst such application is being considered, the enterprise may continue to operate in accordance with the terms and conditions of the existing licence.
(2) The Director may transfer a licence where-
(a) the licensee has been declared insolvent or has surrendered his or her estate for the benefit of his or her creditors, to his or her trustees;
(b) the licensee becomes subject to any legal disability; or
(c) the licensee has died.
(3) The Director shall-
(a) where he or she considers that there are special circumstances that make such action necessary or desirable, refer an application for amendment to the Committee, together with his or her report on such circumstances, and his or her recommendations, and the application shall be processed in the same manner as an original application for a licence; or
(b) not refuse to amend a licence without first informing the licensee of the reasons for such refusal.
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(5) The Committee shall, by notice in the Gazette, publish the issue of licences, their amendment or transfer, and the category subject to which they are issued.
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Section 6 (extract):
(2) For the purpose of licensing and monitoring tourist enterprises, the Director shall carry out, or cause to be carried out, such inspections of documents or building plans, or of buildings and sites, with or without the assistance of other officials, such as planners or health inspectors, as he or she may consider necessary, and shall make a report thereon to the Committee together with his or her recommendations.
Regulation 16 (extract):
(6) The holder of a seasonal recreational fishing permit shall submit monthly catch and effort data in Form C, set out in Schedule 1.
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Section 7 (extract):
(2) Permission may be given in accordance with the provisions of subsection (1) subject to such terms and conditions as may be prescribed or as may be deemed necessary by the person granting permission, and shall be granted only for the purposes of-
(a) health, study or recreation, or matters incidental thereto;
(b) travel or transport along such roads as may be prescribed;
(c) transacting any lawful business with or concerning any person within a national park, or if the person seeking permission was, or belongs to a community which was, resident in the national park prior to the date when the area was declared as a national park.
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.
(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.
Regulation 22 (extract):
(2) A professional hunter licence entitles the holder thereof to hunt any animal permitted under the Act and guide any type of safari in accordance with regulation 20(2) and 20(3).
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 4(extract):
(1) No person shall enter or be within a national park or game reserve unless he is in possession of a valid entry permit issued by the Officer-in-Charge.
(2) A person entering a national park or game reserve shall pay such fee as is specified in the First Schedule.
(3) An entry permit, or any other permit that may be issued in respect of a national park or game reserve, shall be issued subject to the conditions contained in these Regulations and such other conditions as may be endorsed therein in writing by the Director or the Officer-in-Charge.
Regulation 29:
(1) No person shall engage in a water sport within a national park or game reserve except in a swimming pool at a designated permanent or non-permanent lodge the construction of which has been approved in writing by the Director.
(2) In subregulation (1), "water sport" in terms of these regulations includes swimming, water skiing, snorkelling, scuba diving and any other sporting activities that take place on, in or under water.
Regulation 39:
(1) No person shall, 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, except as authorised in writing by the Director upon payment of the fees set out in the First Schedule: Provided that the Director may, upon application made and in circumstances where he considers it justified, reduce or waive the payment of such fees.
(2) Any authorisation provided under subregulation (1) may contain conditions under which the filming or research is permitted including areas where filming or research may be done, the times of day when filming or research may be done, the duration of the permit and any other conditions or restrictions that are deemed necessary by the Director.
(3) Any vehicles that participate in research or filming permitted under this regulation shall be clearly and legibly marked on the sides with the name of the project or company, the words "FILMING VEHICLE" or "RESEARCH VEHICLE", as applicable, on the side and rear and the words "DO NOT FOLLOW" on the rear. (4) The filming or research permit may waive these requirements under subregulation (3).
(5) Any person who contravenes subregulation (1) or (3) or any of the conditions on the authorization as provided for under subregulation (2) shall be guilty of an offence and may in addition to the penalty provided for under regulation 42, have his research or filming permit withdrawn by the Director.
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Section 8(extract):
(1) Except as provided in subsection (2), no person other than a wildlife officer or a gate attendant acting in the exercise of his official duties or any other employee of the Government with the written permission of the Director and acting in the exercise of his official duties as such employee, shall-
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(b) without lawful excuse, be in possession of, or kill, hunt, injure, capture or disturb any animal, or take or destroy any egg or nest, in a national park;
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(i) wilfully or negligently cause any veld fire in a national park.
Regulation 8(extract):
(16) A mobile operator may set up a camp fire within a mobile operator site and shall ensure that-
(a) the camp fire does not destroy or endanger vegetation, game animals, people or property;
(b) the camp fire is, prior to the vacation of the site, fully extinguished; and
(c) all ashes from the campfire are buried in a pit latrine provided for under subregulation (14) prior to the vacation of the site.
Regulation 26(extract):
(7) No person shall drive or cause to be driven a motor vehicle in such a way as to harass a wild animal or disturb other persons within a national park or game reserve.
(8) No person shall drive or cause to be driven a motor vehicle in a national park or game reserve unless he is issued with a permit for a motor vehicle and the applicable fee specified in the First Schedule has been paid to a wildlife officer authorised to receive such fee for the
national park or game reserve for which the fee is intended:
Provided that such fees shall not be payable if the owner or driver of the vehicle has been exempted from paying entry fees as provided for under regulations 5(3) or 13(7).
Regulation 28 (extract):
(6) No person who uses a boat on the waters of a national park or game reserve, shall harass or allow the boat to harass an animal or damage vegetation or cause damage to the banks of the waters on which the boat is used
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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):
(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 17 (extract):
(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.
Regulation 35:
(1) If a professional guide contravenes the Act, the Regulations or any other law, the professional guide may be issued with a warning by a wildlife officer in the form set out in the Fifth Schedule.
(2) Any professional guide who receives a warning under subregulation (1) may appeal in writing against the warning to the Director within 14 days of the date of issue of the warning.
(3) The Director may, at his sole discretion, having received and taken into consideration a written report from the issuing wildlife officer cancel or confirm the warning. (4) Where the Director cancels the warning in terms of subregulation (3) he shall notify the Officer-in-Charge of the cancellation of the warning, giving reasons for the cancellation.
(5) A professional guide who receives two warnings within one calendar year or who is convicted of an offence under the Act or the Regulations shall have his professional guides licence withdrawn by the Director for such period as the Director may determine.