BWA- GA - IDENTIFICATION OF PROTECTED AREAS FOR ECOTOURISM
NON-CONSUMPTION USE
Botswana / Non-consumption use
WILDLIFE CONSERVATION (ECOTOURISM)
IDENTIFICATION OF PROTECTED AREAS FOR ECOTOURISM
questions
2 answers
document title
text/abstract
Section 5(extract):
(1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana.
Section 12 :
(1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto.
(2) The President may, from time to time, by order published in the Gazette declare any other area of land to be a game reserve or a sanctuary, or alter the boundaries of, or abolish, any game reserve or sanctuary: Provided that in respect of any particular game reserve or sanctuary, the President may declare that it shall be a game reserve or a sanctuary only in respect of animals of such species, variety, specimen or sex of animal or animals as may be specified, and may amend any such declaration.
(3) In any game reserve or sanctuary, no person shall hunt or capture any animal, or species or variety, specimen or sex of any animal specified in relation to such game reserve or sanctuary, except only under and in accordance with the terms and conditions of a permit
issued under section 39, and any person who contravenes the provisions of 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 P5 000 and to imprisonment for 5 years.
Section 13 (extract):
(3) Within a private game reserve, no person shall hunt or capture any animal or any species or variety of animal which is specified in the order declaring it to be a private game reserve, and any person who contravenes the provisions of this subsection 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 P5 000 and to imprisonment for 5 years: Provided that the provisions of this subsection shall not apply to the hunting or capture of an animal by the owner of the land, or by a person acting under his written authority, when such hunting or capture is under and in accordance with such terms and conditions as were determined by the President under subsection (1), or as the Director may, in the interest of proper wildlife management, approve.
section 15:
(1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas.
(2) The President may, by order published in the Gazette, declare any area to be a wildlife management area, or in like manner abolish any such wildlife management area, or amend the boundaries of any such wildlife management area by adding new areas or by deleting areas.
(3) Regulations made by the Minister under section 92 may, in respect of wildlife management areas or any wildlife management area, include the following-
(a) any matter referred to in section 14 paragraphs (a) to (i), except paragraph (g);
(b) the hunting or capture of animals therein by virtue of any licence or permit to hunt or capture;
(c) the erection of any dwelling house or other building therein, or the residence therein of any person, or the size of any settlement therein;
(d) the grazing of any stock therein and any conditions or limitations concerning the husbandry of stock therein;
(e) the cultivation of any land therein, the conditions under which persons may cultivate, and the allocation of land for cultivation;
(f) conditions governing the drilling, allocation and use of boreholes;
(g) conditions governing the use therein of vehicles, aeroplanes, microlight aircraft and boats;
(h) the entry or the presence therein of persons other than residents thereof; and
(i) the culling of animals therein in accordance with any approved game animal utilization scheme.
(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 16:
(1) The areas specified in the Fourth Schedule are hereby declared to be controlled hunting areas.
(2) The Minister may, by order published in the Gazette, declare any area of land in Botswana to be a controlled hunting area, and may, in like manner, abolish declared controlled hunting areas or amend the boundaries of declared controlled hunting areas by adding other
areas thereto or by deleting areas therefrom.
(3) Except for persons authorized therefor under sections 30, 39 and 40, and notwithstanding the issue of any licence to hunt under this Act, no person shall hunt or capture any animal in a controlled hunting area without such authority to hunt in that area as shall be endorsed on his licence, and without paying such fee, as may be prescribed.
(4) The Minister may, by order published in the Gazette, direct that any fees collected in accordance with subsection (3), shall be paid to such district council or councils as may be specified in the order.
(5) Any person hunting in a controlled hunting area shall, as soon as possible and in any event within 7 days of the completion of such hunting, unless otherwise authorized by a licensing officer and endorsed on his licence, report such completion to a wildlife officer, 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 imprisonment for 6 months.
(6) Any person hunting or capturing any animal in a controlled hunting area without such authority and paying such fee as may be prescribed in accordance with subsection (3), or contrary to the terms of such authority, 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 P2 000 and to imprisonment for 2 years.
Section 13 (extract):
(1) The owner of private land may apply in writing to the President to have his land declared a private game reserve, and the President may, by order published in the Gazette, and subject to such terms and conditions as the President may determine, declare such land to be a private game reserve for the protection and preservation therein of all wild animal life or of such species or variety of animals as may be specified in the order.
Section 15 (extract):
(1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas.
Section 16 (extract):
(1) The areas specified in the Fourth Schedule are hereby declared to be controlled hunting
areas
Definitions (extract): Protected area means a geographically defined area which is designated or regulated and managed to achieve specific wildlife conservation objectives.
Para 2.4.7: The Policy advocates for the following land uses and categories to be distinguished, defined and gazetted:
(a) National Parks where wildlife and all other natural resources are preserved;
(b) Game Reserves where stated wildlife resources are conserved and hunting may be permitted under special conditions;
(c) Wildlife Management Areas where wildlife conservation and utilisation are balanced and other land uses maybe permitted;
(d) Sanctuaries, game ranches and farms where the economic and ecological objectives are set by the owner;
(e) Important Bird Areas being key habitats for birds that require protection and management;
(f) Important Fish Areas being key habitats for fish that require protection and management;
(g) Transfrontier Conservation Areas for management of natural resources that straddle across international boundaries; and
(h) Wetland ecosystems with potential for aquatic species conservation, fishing/aquaculture and recreation.
2 answers
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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.
Para 2.4.4: The species diversity and associated threats occur beyond the boundaries of the protected areas, emphasising the importance of equally protecting and maintaining WMAs and other wildlife areas and categories. Government has taken a decision to create a 25 km nonhunting buffer zone around national parks and reserves. This move is intended to enhance the conservation objective and biodiversity protection for which these protected areas were created for. It is only logical that the land use in a protected area and the area in its immediate vicinity are compatible.
2 answers
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Section 17:
(1) The animals specified in the Sixth Schedule shall be protected game animals throughout Botswana.
(2) No person shall, except only under and in accordance with the terms and conditions of a permit issued by the Director under section 39 or section 40, hunt or capture any protected game animal, and any person who contravenes the provisions of this subsection shall be guilty of an offence and liable to a fine of P10 000 and to imprisonment for 7 years: Provided that, where the animal in respect of which the offence is committed is a rhinoceros, the offender shall be liable to a fine of P100 000, and to imprisonment for 15 years.
Section 18:
The animals specified in Part I of the Seventh Schedule shall be partially protected game animals throughout Botswana, and no person shall, except under and in accordance with the terms and conditions of a licence or permit issued under this Act, hunt or capture any partially protected game animal.
Section 19(extract):
(1) Except as, or to such extent as may be, specially provided in this Act, no person shall hunt or capture any animal (other than a non-designated invertebrate animal outside of a national park or a game reserve) otherwise than under and in accordance with the terms and conditions of a licence issued, or a permit granted, under this Act:
Regulation 3:
These Regulations shall not apply within a game reserve or a national park.
section 4:
(1) No person shall engage in commercial fishing without a commercial fishing licence.
(2) A fishing licence shall be limited to the area specified in the licence.
(3) Any person who convenes the provisions of this regulation shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeclihg 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.
2 answers
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Section 2 (extract):
"ancient monument" means any building, ruin, remaining portion of a building or ruin, ancient working, stone circle, grave, cave, rock shelter, midden, shell mound, archaeological site, or other site or thing of a similar kind, which is known or believed to have been erected,
constructed or used in Botswana before 1st June, 1902;
"monument" includes-
(a) any ancient monument;
(b) any recent historic monument;
(c) any area of land which is of archaeological or historical interest or contains objects of such interest;
(d) any area of land which has distinctive scenery or a distinctive geological formation;
(e) any area of land containing rare or distinctive flora;
(f) any cave, rock shelter, grove of trees, tree, old structure or other object or article, whether natural or constructed by man, of aesthetic, archaeological, historical or scientific value or interest, other than a relic; or
(g) any waterfall;
"national monument" means a monument, recent artefact, or relic which has been declared a national monument under section 10;
Section 10:
(1) The Minister may, after consultation with the Commissioner, by order published in the Gazette, declare any monument, relic or recent artefact to be a national monument: Provided that at least one month before the declaration as a national monument of any monument, relic or recent artefact which is not owned by the State, the Minister shall notify the owner thereof in writing that he proposes so to declare the monument, relic or recent artefact, and such owner may lodge with the Minister objections in writing to the proposed declaration.
(2) Land on which a national monument is situated shall not be used for purposes other than the protection and preservation of the national monuments, without the Minister's prior written approval.
(3) No development of land within one kilometre of any national monument shall take place without the Minister's prior written approval, which approval shall not be granted unless the Minister is satisfied that-
(a) such development will not be incompatible with the preservation of the national monument; or
(b) it is in the national interest for such development to be undertaken.
(4) The relevant land board, council or other land authority, as the case may be, for the area in which the national monument is situated, shall advise the Commissioner of any developments that are likely to interfere with the monument's integrity, setting or atmosphere.
Section 11:
The Minister may, after consultation with the Commissioner, by order published in the Gazette, declare-
(a) any structure, of national value, which was erected, constructed or used in Botswana after 1st June, 1902, a recent historic monument;
(b) any building, of national value, which was erected, constructed or used in Botswana after 1st June, 1902, an historic building;
(c) any drawing, painting, carving, ornament, implement, stone tool, bone, pottery, or any other artefact, of national value, that was made or used in Botswana after 1st June,
1902, a recent artefact; or
(d) an area of land or region-
(i) of national value; or
(ii) containing one or more national monuments, monuments or sites, or a combination thereof, if the Minister considers it necessary in order to preserve the authenticity or integrity of the national monuments, monuments or sites, or the surrounding setting or atmosphere thereof, as a protected heritage area.
Section 5(extract):
(1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana.
Section 12 :
(1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto.
(2) The President may, from time to time, by order published in the Gazette declare any other area of land to be a game reserve or a sanctuary, or alter the boundaries of, or abolish, any game reserve or sanctuary: Provided that in respect of any particular game reserve or sanctuary, the President may declare that it shall be a game reserve or a sanctuary only in respect of animals of such species, variety, specimen or sex of animal or animals as may be specified, and may amend any such declaration.
(3) In any game reserve or sanctuary, no person shall hunt or capture any animal, or species or variety, specimen or sex of any animal specified in relation to such game reserve or sanctuary, except only under and in accordance with the terms and conditions of a permit
issued under section 39, and any person who contravenes the provisions of 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 P5 000 and to imprisonment for 5 years.
Section 13 (extract):
(3) Within a private game reserve, no person shall hunt or capture any animal or any species or variety of animal which is specified in the order declaring it to be a private game reserve, and any person who contravenes the provisions of this subsection 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 P5 000 and to imprisonment for 5 years: Provided that the provisions of this subsection shall not apply to the hunting or capture of an animal by the owner of the land, or by a person acting under his written authority, when such hunting or capture is under and in accordance with such terms and conditions as were determined by the President under subsection (1), or as the Director may, in the interest of proper wildlife management, approve.
section 15:
(1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas.
(2) The President may, by order published in the Gazette, declare any area to be a wildlife management area, or in like manner abolish any such wildlife management area, or amend the boundaries of any such wildlife management area by adding new areas or by deleting areas.
(3) Regulations made by the Minister under section 92 may, in respect of wildlife management areas or any wildlife management area, include the following-
(a) any matter referred to in section 14 paragraphs (a) to (i), except paragraph (g);
(b) the hunting or capture of animals therein by virtue of any licence or permit to hunt or capture;
(c) the erection of any dwelling house or other building therein, or the residence therein of any person, or the size of any settlement therein;
(d) the grazing of any stock therein and any conditions or limitations concerning the husbandry of stock therein;
(e) the cultivation of any land therein, the conditions under which persons may cultivate, and the allocation of land for cultivation;
(f) conditions governing the drilling, allocation and use of boreholes;
(g) conditions governing the use therein of vehicles, aeroplanes, microlight aircraft and boats;
(h) the entry or the presence therein of persons other than residents thereof; and
(i) the culling of animals therein in accordance with any approved game animal utilization scheme.
(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 16:
(1) The areas specified in the Fourth Schedule are hereby declared to be controlled hunting areas.
(2) The Minister may, by order published in the Gazette, declare any area of land in Botswana to be a controlled hunting area, and may, in like manner, abolish declared controlled hunting areas or amend the boundaries of declared controlled hunting areas by adding other
areas thereto or by deleting areas therefrom.
(3) Except for persons authorized therefor under sections 30, 39 and 40, and notwithstanding the issue of any licence to hunt under this Act, no person shall hunt or capture any animal in a controlled hunting area without such authority to hunt in that area as shall be endorsed on his licence, and without paying such fee, as may be prescribed.
(4) The Minister may, by order published in the Gazette, direct that any fees collected in accordance with subsection (3), shall be paid to such district council or councils as may be specified in the order.
(5) Any person hunting in a controlled hunting area shall, as soon as possible and in any event within 7 days of the completion of such hunting, unless otherwise authorized by a licensing officer and endorsed on his licence, report such completion to a wildlife officer, 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 imprisonment for 6 months.
(6) Any person hunting or capturing any animal in a controlled hunting area without such authority and paying such fee as may be prescribed in accordance with subsection (3), or contrary to the terms of such authority, 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 P2 000 and to imprisonment for 2 years.
Section 13 (extract):
(1) The owner of private land may apply in writing to the President to have his land declared a private game reserve, and the President may, by order published in the Gazette, and subject to such terms and conditions as the President may determine, declare such land to be a private game reserve for the protection and preservation therein of all wild animal life or of such species or variety of animals as may be specified in the order.
Section 15 (extract):
(1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas.
Section 16 (extract):
(1) The areas specified in the Fourth Schedule are hereby declared to be controlled hunting
areas
1 answer
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text/abstract
Section 5:
(1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana.
(2) The President may, by order published in the Gazette, declare any area of State Land or any land bequeathed or donated to him or to any other person, to be a national park, either on its own or adding it to an existing national park: Provided that the President shall not declare to be a national park or add to a national park any land so bequeathed or donated to any other person or persons, unless he is satisfied that such person has or all such persons have, as the case may be, consented thereto.
(3) Where circumstances exist that in his opinion so warrant, the President may, by order published in the Gazette, amend the boundaries of a national park by adding new areas thereto or by excising part thereof.
(4) Before the President makes an order under subsection (2) or subsection (3), the Minister shall cause public notice of the intended order to be given, and shall, in such notice, call for any intended objections to such order to be lodged, in writing, with him within such reasonable
time as shall be specified, and any objections so received shall be laid before the President for his consideration.
(5) For the purposes of subsection (4) "public notice" means a notice published once in the Government Gazette and at least once during each of three successive weeks in a newspaper circulating in the area to which the notice relates, the first insertion in the newspaper being made in the same week as the publication in the Government Gazette.
(6) Any order made under subsection (2) shall be laid before Parliament as soon as possible after it has been published in the Gazette, and shall, unless confirmed by resolution of Parliament during the session it is so laid before it, lapse and cease to have effect as from the date of the conclusion of that session.
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.
0 answer
2 answers
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Section 6:
(1) The Minister shall be responsible for the control, management and maintenance of national parks, and without derogation from the generality of the foregoing the Minister shall for such purposes, within such parks, have power to-
(a) construct such roads, bridges, aerodromes, soil and water conservation works, irrigation works, buildings and fences, and to carry out such other works as he may
consider necessary for the purposes of such national parks;
(b) take such steps as will ensure the security of the animals and vegetation in national parks and the preservation of such parks and the animals and vegetation therein in a natural state;
(c) reserve or set aside any areas of such parks as breeding places for indigenous animals, and nurseries for indigenous trees, shrubs, plants and flowers;
(d) let sites for the erection of shops, hotels, restaurants or other buildings for the accomodation or recreation of visitors, to let sites to yachting clubs, boating clubs,
boatwrights and persons plying boats for hire, and to control the manner in which such undertakings are carried on;
(e) construct, maintain, administer or let hotels, restaurants, rest camps and other buildings and let accomodation therein;
(f) control the charges which may be made by shopkeepers, hotel keepers, restaurant proprietors, boatwrights and persons plying boats for hire;
(g) sell or exchange any specimen of animal or vegetation in a national park;
(h) purchase, exchange or otherwise acquire any specimen of indigenous animal or vegetation which he may consider it desirable to introduce into a national park;
(i) authorize any person to take or collect and remove any specimen of animal or vegetation from a national park, or do anything otherwise prohibited under this Act, for
scientific purposes;
(j) authorize any scientific investigations on such terms and conditions as he may approve; and
(k) authorize the killing or capturing of any animal, or the destruction or removal of any species of vegetation in the interest of the conservation of the fauna and flora of such parks, and of their management and control.
(2) The Minister may delegate to the Director or to any wildlife officer such of his powers under this section as he considers necessary or desirable.
Section 7:
(1) Except as is otherwise provided in this Act, and notwithstanding the provisions of any other written law, no person other than a wildlife officer or a gate attendant shall enter, be in or reside in a national park except under and in accordance with the permission of the Minister or of any wildlife officer authorized to grant such permission: Provided that-
(i) the Minister may by notice exhibited at the entrance to a national park grant permission to persons to enter therein on such days and during such hours as may be
stated in the notice, and on payment of such fees and subject to such conditions as may be prescribed by regulations;
(ii) this subsection shall not apply to persons in the employment of the Government who, with the written permission of the Director enter, are in or reside in a national park in the execution of their official duties as employees of the Government.
(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.
Second Schedule (extract)
3. Designation of tourism facilities and activities with particular reference to:
3.1 Zoning for tourism facilities and activities, with specifications for each zone of:
(a) density of roads;
(b) density of motor vehicles per kilometre of road;
(c) total number of motor vehicles permitted;
(d) the allocation of the number of motor vehicles to each category of user;
(e) types of activities permitted (i.e. day driving, night driving, walking, power boating, mekore poling, etc.);
(f) numbers, locations, and capacities of tourist facilities (i.e. non-permanent lodges, mobile operator sites, public camp grounds, wilderness camp sites, observation hides, wilderness trails, day use facilities, accompanied walking areas etc.)
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Ecotourism is tourism based on travel to natural environmental and aims to support the conservation of the environment and natural resources and to sustain the well being of local people. It refers to the country's cultural as well as natural heritage and places great importance on the active involvement of host communities in all aspects of the industry's management and development.
Definitions (extract)
Ecotourism - is responsible travel to natural areas which conserves the environment and sustains the well-being of local people.
Para 1.2.2 (extract):
It concluded by recommending that the official definition of The International Ecotourism Society (TIES) – which enjoys, arguably, the broadest international acceptance – be adopted as the working definition for the NES. The definition reads:
‘Ecotourism is responsible travel to natural areas that conserves the environment and sustains the well being of local people.’
It is emphasised that in Botswana ecotourism refers to the country’s cultural, as well as natural heritage, and great importance is placed on the active
involvement (as opposed to mere participation) of host communities and other Batswana in all aspects of the industry’s management and development.
2 answers
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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 6:
(1) The Minister shall be responsible for the control, management and maintenance of national parks, and without derogation from the generality of the foregoing the Minister shall for such purposes, within such parks, have power to-
(a) construct such roads, bridges, aerodromes, soil and water conservation works, irrigation works, buildings and fences, and to carry out such other works as he may
consider necessary for the purposes of such national parks;
(b) take such steps as will ensure the security of the animals and vegetation in national parks and the preservation of such parks and the animals and vegetation therein in a natural state;
(c) reserve or set aside any areas of such parks as breeding places for indigenous animals, and nurseries for indigenous trees, shrubs, plants and flowers;
(d) let sites for the erection of shops, hotels, restaurants or other buildings for the accomodation or recreation of visitors, to let sites to yachting clubs, boating clubs,
boatwrights and persons plying boats for hire, and to control the manner in which such undertakings are carried on;
(e) construct, maintain, administer or let hotels, restaurants, rest camps and other buildings and let accomodation therein;
(f) control the charges which may be made by shopkeepers, hotel keepers, restaurant proprietors, boatwrights and persons plying boats for hire;
(g) sell or exchange any specimen of animal or vegetation in a national park;
(h) purchase, exchange or otherwise acquire any specimen of indigenous animal or vegetation which he may consider it desirable to introduce into a national park;
(i) authorize any person to take or collect and remove any specimen of animal or vegetation from a national park, or do anything otherwise prohibited under this Act, for
scientific purposes;
(j) authorize any scientific investigations on such terms and conditions as he may approve; and
(k) authorize the killing or capturing of any animal, or the destruction or removal of any species of vegetation in the interest of the conservation of the fauna and flora of such
parks, and of their management and control.
(2) The Minister may delegate to the Director or to any wildlife officer such of his powers under this section as he considers necessary or desirable.
Section 7:
(1) Except as is otherwise provided in this Act, and notwithstanding the provisions of any other written law, no person other than a wildlife officer or a gate attendant shall enter, be in or reside in a national park except under and in accordance with the permission of the Minister or of any wildlife officer authorized to grant such permission: Provided that-
(i) the Minister may by notice exhibited at the entrance to a national park grant permission to persons to enter therein on such days and during such hours as may be stated in the notice, and on payment of such fees and subject to such conditions as may be prescribed by regulations;
(ii) this subsection shall not apply to persons in the employment of the Government who, with the written permission of the Director enter, are in or reside in a national park in the execution of their official duties as employees of the Government.
(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 4 (extract):
(1) No person shall engage in commercial fishing without a commercial fishing licence.
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.
2 answers
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Section 5 (extract):
(1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana.
Section 6 (extract):
(1) The Minister shall be responsible for the control, management and maintenance of national parks, and without derogation from the generality of the foregoing the Minister shall for such purposes, within such parks, have power to-
...
(b) take such steps as will ensure the security of the animals and vegetation in national parks and the preservation of such parks and the animals and vegetation therein in a natural state;
(c) reserve or set aside any areas of such parks as breeding places for indigenous animals, and nurseries for indigenous trees, shrubs, plants and flowers;
...
(j) authorize any scientific investigations on such terms and conditions as he may approve; and
(k) authorize the killing or capturing of any animal, or the destruction or removal of any species of vegetation in the interest of the conservation of the fauna and flora of such parks, and of their management and control.
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-
(a) convey into or be in possession of any weapon, explosive, trap or poison within a national park;
(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;
(c) cause any damage to or disturb any object of geological, ethnological, historical, archaeological or other scientific interest within a national park, or remove any such object from a national park;
(d) introduce any wild or domestic animal or any fish or any vegetation into a national park, or permit any domestic animal to stray into a national park;
Regulation 16 (extract):
(4) Recreational fishing shall be done -
(a) on a catch and release basis; and
(b) using a single fishing rod, line or hook.
...
(6) Seasonal recreational fishing shall be done -
(a) on a catch and release basis; and
(b) using a single fishing rod, line or hook.
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Section 5 (extract):
(1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana.
Section 12 (extract):
(1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto.
Section 15 (extract):
(1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas.
(2) The President may, by order published in the Gazette, declare any area to be a wildlife management area, or in like manner abolish any such wildlife management area, or amend the boundaries of any such wildlife management area by adding new areas or by deleting areas.
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text/abstract
Section 5 (extract):
(1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana.
Section 12 (extract):
(1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto.
Section 15 (extract):
(1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas.
(2) The President may, by order published in the Gazette, declare any area to be a wildlife management area, or in like manner abolish any such wildlife management area, or amend the boundaries of any such wildlife management area by adding new areas or by deleting areas.
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Section 5 (extract):
(3) Where circumstances exist that in his opinion so warrant, the President may, by order published in the Gazette, amend the boundaries of a national park by adding new areas
thereto or by excising part thereof.
Section 12 (extract):
The President may, from time to time, by order published in the Gazette declare any other area of land to be a game reserve or a sanctuary, or alter the boundaries of, or abolish, any game reserve or sanctuary:
Provided that in respect of any particular game reserve or sanctuary, the President may declare that it shall be a game reserve or a sanctuary only in respect of animals of such species, variety, specimen or sex of animal or animals as may be specified, and may amend
any such declaration.
Section 15 (extract):
(2) The President may, by order published in the Gazette, declare any area to be a wildlife management area, or in like manner abolish any such wildlife management area, or amend the boundaries of any such wildlife management area by adding new areas or by deleting areas.
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Section 5 (extract):
(4) Before the President makes an order under subsection (2) or subsection (3), the Minister shall cause public notice of the intended order to be given, and shall, in such notice, call for any intended objections to such order to be lodged, in writing, with him within such reasonable time as shall be specified, and any objections so received shall be laid before the President for his consideration.
(5) For the purposes of subsection (4) "public notice" means a notice published once in the Government Gazette and at least once during each of three successive weeks in a newspaper circulating in the area to which the notice relates, the first insertion in the newspaper being made in the same week as the publication in the Government Gazette.
(6) Any order made under subsection (2) shall be laid before Parliament as soon as possible after it has been published in the Gazette, and shall, unless confirmed by resolution of Parliament during the session it is so laid before it, lapse and cease to have effect as from the date of the conclusion of that session.
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.
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Section 3:
Whereas every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
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Section 11 (extract):
(1) Any person who kills, hunts or captures any animal in a national park 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 P10 000 and to imprisonment for 7 years.
(2) Any person who contravenes or fails to comply with any other provision of section 7(1), 8(1) or 10 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 P2 000 and to imprisonment for 2 years.
Section 12 (extract):
(3) In any game reserve or sanctuary, no person shall hunt or capture any animal, or species or variety, specimen or sex of any animal specified in relation to such game reserve or sanctuary, except only under and in accordance with the terms and conditions of a permit issued under section 39, and any person who contravenes the provisions of 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 P5 000 and to imprisonment for 5 years.
Section 16 (extract):
(5) Any person hunting in a controlled hunting area shall, as soon as possible and in any event within 7 days of the completion of such hunting, unless otherwise authorized by a licensing officer and endorsed on his licence, report such completion to a wildlife officer, 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 imprisonment for 6 months.
(6) Any person hunting or capturing any animal in a controlled hunting area without such authority and paying such fee as may be prescribed in accordance with subsection (3), or contrary to the terms of such authority, 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 P2 000 and to imprisonment for 2 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.