According to the Wildlife Policy, 2013, wildlife means flora and fauna occurring within natural and artificial ecosystems and habitats and this includes fish. The Wildlife Conservation and National Parks Act (WCNPA), 1992 defines animals to mean and include any vertebrate or invertebrate animal or fish, bird and the eggs and young thereof, but does not include a domestic animal or bird, or the eggs and the young thereof. The CBNRM Policy, 2007 regards wildlife as being under the custodianship of the government. It is in this context that the general perception that wildlife is state property stems from. Wildlife tenure is governed by the WCNPA which recognises that wildlife kept in confinement or private land enclosed with game fence in such a manner approved by the Director is private property. However, there are limitations on the number of animals that may be harvested by landowners to ensure a sustainable use of wildlife. In the case of game ranching where there is no game proof fence, culling is permissible if the Director is satisfied that it is a sustainable form of game utilization and would specify the number of animals that may be culled. 

The Wildlife Policy promotes the involvement of communities in wildlife utilisation while the WCNPA, primarily provides for subsistence fishing and the involvement of Batswana citizens, especially those who are principally depended on hunting and gathering of veld products. Subsistence fishing means fishing using traditional fishing gear for personal and household consumption only. However, the WCNPA and its Regulations do not contain any provisions providing for direct involvement and participation of local communities in wildlife use nor for benefit sharing. Their participation is thorough Community Based Natural Resources Management (CBNRM) programs set by the CBNRM Policy, 2007. Communities form Community Based Organisations and apply for resources user rights on state and tribal land including wildlife management areas (WMA) and/or community land use zones in protected areas and share benefits from use of resources. Since the statutes does not grant user rights directly to local communities, they have limited decision making powers in the management and utilisation of wildlife. Criminal and administrative sanctions are imposed by the Wildlife Conservation and National Parks Act. The major sanction for contravening the Wildlife Conservation and National Parks Act in relation to wildlife tenure is a fine not exceeding P1 000 and to imprisonment for one year.

The Town and Country Planning Act, 2013 is the primary legislation on land planning. It obliges the Minister to prepare a national development plan. This plan would define the sites such as nature reserves and other open spaces; and allocate areas of land for use for agricultural, forestry, mining, water resource, industrial, residential, or other purposes of any class. The Town and Country Planning Act refers to conservation of natural resources at regional and local level. Plans have to be developed providing for the conservation of natural resources, allocation of land for game and bird sanctuaries. The Wildlife Conservation and National Parks Act provides the creation of national parks, game reserves and sanctuaries, wildlife management areas, controlled hunting areas and controlled fishing waters. These, except controlled fishing waters, are created on all State land, or any land bequeathed or donated to the President for such purposes.  Controlled fishing waters means a river, stream, lake, dam or reservoir and may be established on any waters. Private game reserves are mainly established on private land. Forests reserves may be established on both state and tribal land in terms of the Forest Act, 1968 and it is prohibited to hunt or capture any animal in an area declared to be a reserved area.  The Wildlife Conservation and National Parks Act only requires that the Director consult land boards and district councils in the development of wildlife management plans, with no reference to consultations or the participation of local communities. However, in the declaring any waters to be controlled fishing waters, the WCNPA obliges the Minister to invite any person who wishes to make representations in regard to the matter do to so in writing. 

CBNRM based on the 2007 Policy, can be implemented on communal and state-owned land, except within such specifically excluded areas as officially gazetted protected areas, Forest Reserves, National Parks and Game Reserves. Communities may obtain a 15-year Community Natural Resource Management Lease from the relevant Land Authority for the commercial use of natural resources. This 'Head Lease' is subject to an approved Land Use and Management Plan for the area specified in the lease, an annual land rental payable to the Land Authority, and a resource utilisation royalty payable to the Ministry of Environment, Wildlife and Tourism. Communities may sublease or otherwise transfer any commercial natural resource user rights to one or more joint venture partners with prior written permission of the Land Authority. Where financial benefits are derived from the sale of natural resource concessions or hunting quotas related to particular communities, a portion of such financial benefits (60%) shall be paid into a National Environmental Fund held by the Ministry of Environment, Wildlife and Tourism. While the Land Authorities grants resources user rights to communities, the hunting quotas for each area are developed and granted by the Department of Wildlife and National Parks (DWNP). The Director of DWNP may consult local authorities and lands boards in the development of such hunting quotas.

The Environmental Assessment Act,2011 and its 2012 Regulations provides for both Environmental Impact Assessment (EIA) and Environmental Strategic Assessment (ESA). An EIA is required on projects whose implementation will result in substantial use of a natural resource in a way that prevents the use or potential use of the resources for any other purpose, while SEAs are undertaken on district land use and structural plans, and national policies, legislation and development strategies and programmes. Furthermore, in terms of the Town and Country Planning Act, draft local plans prepared by the local planning authorities for submission and approval by the Minister, must be accompanied a SEA prepared in accordance with the the Environmental Assessment Act. Therefore, establishment of SWM-related areas require environmental impact assessments prior to their establishment or implementation whiles plans, policies, legislation, strategies and programmes for such must undergo a SEA.

The Constitution, 1966 guarantees right to property. Therefore, should the government intend to utilise land under private ownership, the consent of the owner is needed, and the loss is compensated.

Land in tribal areas is administered by Land Boards created under the Tribal Land Act,2018. Their mandate includes determining land use zones within the tribal area. Since wildlife is also found in tribal land, the land use plans would have to refer to wildlife.

The Wildlife Conservation and National Parks Act require preparation of management plans for national parks in and wildlife management areas in consultation with land boards. The Town and Country Planning Act and Tribal Land Act provides for the conducting of multi-stakeholders consultations in the development or revision of national development plans and land use plans, respectively. Nonetheless, there is no specific reference to the participation of men and women, but the local communities.

Tribal land regulations provide mechanisms to ensure that there are no overlapping/competing claims prior to the allocation of tribal land. Enquiries have to made on whether or not customary rights in respect of the land concerned subsist and whether or not the owner of such rights has been informed of the proposed agreement and has consented to it and whether or not the proposed grant will in any way affect such rights.

Botswana recognises three types of land tenure systems: freehold; State land and tribal land. The Wildlife Conservation and National Parks Ack permits the creation of SWM-relevant areas on any type of land if such complies with land use plans. Also, this Act grants landholder’s privileges over   wildlife resources on state, community, or private property. These privileges entitle the holder to manage and utilise wildlife resources on such land for consumption or profit.   The Act regulates the overlap of hunting/fishing areas with mining concession by prohibiting mining in national parks. One would need to get permission from the Minister of Mines.

The management plan for a national park or game reserve may designate an area as a community use zone for the use of designated communities living in or immediately adjacent to the national park or game reserve. They may only be used to conduct commercial tourism activities and for the sustainable use of veld products but not for any form of hunting, and DWNP may charge a fee for the collection or use of any veld products, including firewood, the amount of which shall be determined by the Director in consultation with the affected communities.

The CBNRM Policy safeguards the tenure rights of affected communities. It requires that the needs of subsistence users must be recognised when allocating exclusive resources users rights to other groups. Furthermore, to compensate for the loss of user rights by third parties, the DWNP Joint Venture Guidelines require a Joint Venture (JV) that has been granted exclusive user rights to pay 5% of its total income as royalties to the Land Board. However, in practice, there are no mechanisms to ensure that JVs have paid the accurate royalties, since JVs are not mandated to accompany the royalty payments with audited financial statements. The Forest Act provide safeguards to avoid infringing on or extinguishing tenure rights of others. It requires that in tribal land consent of the land board, acting in accordance with the advice of the local authority, is needed before trees or class of trees are considered protected.

The law does not designate subsistence hunting/fishing areas. However, subsistence use of wildlife is regulated. The subsistence use of wildlife, other than protected game, requires a special license. Also, the hunting of non-designated animals (both vertebrate and invertebrate) for direct consumption does not require a license or permit as per section 19 in terms of the Wildlife Conservation and National Parks Act. Meat acquired under this special permit must not be sold. Subsistence fishing, catching fish using traditional fishing gear for personal and household consumption which shall not be for sale, is permitted to citizen with a limit of 10 fishes per day. The Forest Act prohibits all kinds of use of forestry resources unless one has an authorization, except in cases of exempted bona fide inhabitants of specific areas (inhabitants of towns, villages or habitations within the Kasane Forest Reserve and bona fide travelers.

The Forest Act imposes criminal sanctions in form of a fine not exceeding P5 000 or to imprisonment for a term not exceeding two years, and confiscation of forest produce acquired illegally. The Tribal Land Act provides for criminal sanctions in form of fines and imprisonment and eviction orders. For making false statement or representation, whether explicit or implied, for the purpose of obtaining a grant of land, or for the purpose of obtaining any benefit or compensation, is any offence that attracts a fine of P20 000 and to imprisonment for two years.

There are numerous institutions involved in wildlife tenure, land tenure and land use, both at central and local level.  The Town and Country Planning Act defines the powers of the Minister at central level, the Director of Town and Country Planning for Botswana and the Physical Planning Committee established at local level. The duty of the Minister is to ensure consistency in the framing and execution of a comprehensive policy with respect to the use and development of all land in Botswana. The Director supervises and control the planning of land in planning areas. Physical Planning Committee appointed at local level in each council serves to advise the Minister on any matter within its knowledge or on which the Minister may seek its advice and, in particular, on the preparation or revision of development plans. Also, the Act provides for the appointment of a Regional Planning Advisory Committee. This Committee is appointed where a region covers one district. Its responsibility is to advise the Minister on the preparation, revision and implementation of a regional plan. Tribal land is administered by Land Boards established in terms of the Tribal Land Act. At the helm of the Land Board is the Chairperson who is appointed by the Minister from the members of the land board.  The Land Tribunal Act, 2014 sets up a land tribunal to adjudicate on all land disputes.

There is also the Agricultural Resources Board set up in terms of the Agricultural Resources Act, 1972. The Board co-opt the Chief Warden/Director of Wildlife and National Parks to participate as a member in meetings at which questions affecting game or wildlife or affecting any area of land declared to be a game reserve or sanctuary under the Wildlife Conservation and National Parks Act. Its responsibilities include to exercising supervision over the agricultural resources of Botswana and advising the Minister regarding matters relating to the general supervision of all agricultural resources and give Land Board directions concerning the proper use of any land within such tribal area. Agricultural resources are defined to include the animal life and fauna of Botswana including animals, birds, reptiles, fish and insects.

In relation to wildlife tenure, the Wildlife Conservation and National Parks Act defines the powers of the President, Minister and Director of Department of Wildlife and National Parks. The President sets up protected areas such as national parks, game reserves and Wildlife Management Areas (WMAs) while the Minister responsible for environment and wildlife sets up Controlled Hunting Areas (CHAs) and Controlled Fishing Waters (CFWs) and offers policy direction on conservation and utilisation of natural resources. He/she is responsible for the control, management and maintenance of national parks. The Director of Wildlife and National Parks is the licensing authority. In terms of the Forest Act, the President sets up forest reserves on State land, and local authority land and land in tribal territory as suggested by the respective authorities.

Government provides regulations and management support to communities for the implementation of CBNRM. At national level, the Department of Wildlife and National Parks (DWNP), the Department of Tourism (DoT) and the Department of Forestry and Range Resources (DFRR) provide such regulations and support whilst at district level, this is provided by the Technical Advisory Committee (TAC). Relevant district authorities work with communities to promote the initiation and implementation of CBNRM projects. All tendering procedures for the awarding of natural resource use concessions is overseen by the TAC which provide technical appraisals and analyses of the tender bids submitted. The community in whose CHA a concession is offered are consulted to provide an input on their choice of preferred joint venture partner. The decision to award the tender to a particular joint venture partner however rest with the TAC. The tender award decision is subject to written approval by the Land Authority.

The Public Service Act, 2010 as read with the Public Service Charter, requires public officers to adhere to the basic principles of Public Service in exercising their responsibilities. The enumerated principles are respect for law; neutrality and equality; accountability; transparency; freedom from corruption; due diligence and efficiency; continuity; and the duty to be informed. The Office of the Ombudsman, created in terms of the Ombudsman Act,2021 is instrumental in investigating complaints against governmental departments and private entities, and offering suitable relief.

The laws provide for cooperation of institutions involved in land tenure and use, and wildlife tenure. By virtue of land planning involving numerous institutions, the Botswana Land Policy mandates coordination between different entities. Section 15 of the Wildlife Conservation and National Parks Act, mandates the Director to coordinate with land boards and district councils in the development of wildlife management areas, their management plans, and their administration. Similarly, the Agricultural Conservation Board coordinate with land boards concerning the proper use of any land within such tribal area.

The laws permit delegation of powers. The Wildlife Conservation and National Parks Act permits the Director to delegate his functions to wildlife officers and to designate suitable wildlife officers to be licensing officers.  Similarly, the Agricultural Conservation Board may delegate some of its functions to any committees appointed by the Board. Planning authorities in every council are authorized to delegate functions to an appointed Physical Planning Committee as per the Town and Country Planning Act.