Section 5 (extract):
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, archaelogical, 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.

Section 12 (extract):
(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.

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 S chedule 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.

Section 16 (extract):
(1) The areas specified in the Fourth Schedule are hereby Controlled 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.

Section 83:
(1) Notwithstanding the provisions of any other written or unwritten law, the owner of land on which any animal is kept or confined, and which is enclosed by a game proof fence or in such other manner as may be approved by the Director, shall enjoy rights of ownership over such animal.

Section 16A (extract):
(1) The Minister may, in the interests of conservation, by Order published in the Gazette, declare any waters to be controlled fishing waters and shall invite any person who wishes to make representations in regard to the matter to do so in writing, on or before a date to be specified in the notice and shall consider every representation made.

Section 4:
The President may, by statutory instrument, make an order to declare any area on State land to be a forest reserve.

Section 7 :
(1) The President may, after considering any proposals referred to him in terms of section 5 or 6, by order published in the Gazette, declare the area referred to therein to be a forest reserve.
(2) The President may, by the same or other order published in the Gazette, authorize a local authority to make bye-laws in respect of (a) a forest reserve declared over the land of such local authority; or
(b) a forest reserve declared on tribal territory within the area of such local authority.
(3) Any bye-laws referred to in subsection (2) may be made for the purpose of-
(a) taking measures, including the appointment of officers, for the protection, control and management of such forest reserve;
(b) issuing licences for the felling and taking of forest produce within such reserve; or
(c) collecting fees or royalties in respect of such produce and paying such fees or royalties into the revenue of such local authority.
(4) The President may amend or revoke any authorization granted by him under subsection (2).
(5) An order made in terms of subsection (2) or (3) may provide that the protection, control and management of such forest reserve shall be subject to the general control and directions of the forest officer.

Section 9 :
The President may at any time, by order published in the Gazette, declare that any forest reserve shall cease to be such a reserve, or that the boundaries of any such reserve shall be varied: Provided that no such declaration shall be made in respect of a forest reserve on local authority land or on land in tribal territory unless the authority referred to in section 5 or 6, as the case may be, has made a request therefor.

Para 3.3 (extract) The land tenure is particularly vital. At the present time, only freehold land, State Land leasehold ranches and the ranches allocated and developed under the 1975 Tribal Grazing Land Policy on Tribal Land are availble for the development of game ranches.

Section 9 (extract) :
(1) The Minister may, after consultation with the Commissioner, enter into a written agreement with the owner of any national monument, recent artefact, recent historic monument or protected heritage area, for its protection or preservation.
(2) An agreement under this section may provide for any of the following matters-
(a) the maintenance of the national monument, recent artefact, recent historic monuments or protected heritage area;
(b) the custody of the national monument, recent artefact, recent historic monument or protected heritage area, and the duties of any person who may be employed in connection therewith;
(c) the restriction of the owner's right to destroy, alter, deface or build on or near any such national monument, recent artefact, recent historic monument or protected heritage area;
(d) the restriction of the owner's right, in the case where the national monument, recent artefact or recent historic monument is moveable to remove any such national monument, recent artefact or recent historic monument from its site;
(e) the terms of access to be permitted to the public or to any portion thereof, and to persons deputed by the owner or Minister to inspect or maintain the national monument, recent artefact, recent historic monument or protected heritage area;
(f) the notice to be given to the Minister in case the land on which, or where the national monument, recent artefact, recent historic monument or protected heritage area is situated, is offered for sale by the owner, and the right to be reserved to the Minister to purchase such land or any specified portion of such land at its market value and to acquire rights of access thereto;
(g) the payment of any expense incurred by the owner or the Minister in connection with the protection or preservation thereof.

Section 14:
(1) The Minister may, after consultation with the Commissioner, acquire rights of access for members of the public and for persons exercising functions under this Act, to any national monument situated on land not owned by the State, both across such land and across any adjoining or adjacent land for payment to the owner thereof and to any other person having an interest therein or right thereover of a sum of money to be agreed as fair and reasonable compensation, or failing agreement, upon payment of such sum as may be determined by the High Court on application made by the Minister.
(2) The right conferred by subsection (1) may only be exercised in order to secure the utilisation of the national monument as part of the natural or cultural heritage of Botswana for the benefit of the community.
(3) Any dispute as to the interest or right of any person claiming to have an interest in or right over land across which the Minister intends to acquire a right of access in terms of subsection (1) or as to the legality of the exercise of the Minister's power under that subsection, or as to the definition of the right of access and the conditions subject to which it is to be acquired, shall be determined by the High Court on application made by the Minister or the
other party to the dispute before such right is acquired.

Section 15 (extract) :
(1) The Minister may, by order published in the Gazette, specify and define sites or portions of sites of national monuments which no person shall enter upon without the permission of the Commissioner or a person authorised by him to grant such permission.
(2) No person shall without such permission enter upon any site or portion of a site specified or defined in terms of subsection (1) except, in the case of a site or portion of a site upon land not owned by the State, the owner or occupier of such land or persons visiting the site with the consent of the owner or occupier.

Para 5. (extract):
5.1 The following land tenure and natural resources user rights shall apply in the implementation of this policy:
5.1.1 Communities may obtain a 15 year Community Natural Resources Management Lease form the relevant Land Authority for the commercial use of natural resources. This ' Head Lease; is subject to ana 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.
5.1.2 Communities may receive benefits from the use of natural resources in the area specified in the lease. Communities may sublease or otherwise transfer any commercial natural resources user rights to one or more joint venture partners with prior written permission of the Land Authority. The duration and details of such arrangements shall comply with the specifications in the Community Natural Resource Management Lease and the Land Use and Management Plan for the area. Where financial benefits are derived for the sale of natural resource concessions, a portion of such financial benefits shall be paid into a National Environmental Fund held by the Ministry of Environment Wildlife and Tourism.

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-[...]
(d) let sites for the erection of shops, hotels, restaurants or other buildings for the accommodation 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 accommodation therein;
(f) control the charges which may be made by shopkeepers, hotel keepers, restaurant proprietors, boatwrights and persons plying boats for hire;
(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.
Section 20 (8) :
(8) The owner or occupier of land in respect of which he is entitled to landholder's privileges shall not give permission to any other person to hunt and kill any game animal on such land unless such other person is either the holder of a valid licence or permit entitling or authorizing him to hunt and kill such animal on such land, or is otherwise entitled to hunt and kill such animal on such land, and any owner or occupier who contravenes the provisions of this subsection and has failed to take all reasonable steps to satisfy himself that such other person was so entitled or authorized to hunt and kill such animal on that land shall be guilty of an offence and liable to a fine of P500 and to imprisonment for 6 months.

Section 21 (extract):
Any owner or occupier of land entitled to landholder's privileges may, for his own profit, with the approval of the Director, authorize, in writing, any person who is not so entitled, to hunt on such land those animals that he himself would be entitled to hunt: Provided that-
(a) nothing in this section shall entitle or authorize such person to hunt any animal on such land without being in possession of such licence or permit to hunt such animal as may be otherwise prescribed in this Act. Section 24 (extract) (4) Any person granted permission under subsection (1) shall be entitled to farm, ranch, hunt or capture animals on his land, for commercial purposes, subject to the provisions of this section and any terms and conditions subject to which such permission was granted:
Provided that protected game animals and partially protected game animals shall only be farmed, ranched, hunted or captured on such land if specifically authorized by the Director.

Section 20 (extract)
(5) Notwithstanding any other provision of this Act, an individual entitled to landholder's privileges or to enjoy landholder's privileges in accordance with the provisions of subsection (1) or subsection (2) may, subject to such fees as may be prescribed, hunt and kill, without a licence or permit, any animals, other than protected and partially protected game animals, within the limits of the land in respect of which he is entitled to or to enjoy such privileges, but shall not kill any animal which is listed in the Eighth Schedule in excess of the number specified in relation to that animal in the second column of that Schedule within any one period such as is specified in the corresponding entry in the third column of that Schedule.

Regulation 18. Community use zones (1) The management plan for a national park or game reserve may designate an area as a community use zone. (2) Community use zones shall be for the use of designated communities living in or immediately adjacent to the national park or game reserve. (3) Community use zones may only be used to conduct commercial tourism activities and for the sustainable use of veld products but not for any form of hunting unless otherwise provided for under these Regulations.
(4) The management plan or the Officer-in-Charge may restrict or permit an activity in a community use zone if deemed necessary for administrative or management purposes or for purposes of ensuring the sustainable use of the natural resources within a community use zone.
(5) The 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.

Section 4 (extract):
(2) Without derogating from the generality of the provisions of subsection (1), Botswana Tourism shall-
(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 nongovernmental organisations;

Section 15 (4) (extract)
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 32 (extract)
(2) The Director may, after consultation with the appropriate local authorities and land boards, determine the number of animals of each species, or of a particular sex, that may be hunted during any season in any specified controlled hunting area, or any other specified area, and shall cause to be displayed a notice to this effect, at offices of the Department of Wildlife and National Parks, and at such other places as he may determine.

Para 5.11.3 Strategies (extract)
[...]
Para 5.11.3.2.
Participatory and decentralised quota setting for commercial, recreational and subsistence use based on stock assessments, local knowledge and the pre-cautionary principle.

Section 5 (extract) (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 22:
The provisions of this Part shall apply in relation to the granting, variation and determination of customary forms of land tenure.

Section 23:
(1) Subject to subsection (2), no person may occupy any land granted under the provisions of this Act or the repealed Tribal Land Act unless there has been issued to him or her by the Registrar of Deeds, in the prescribed format, a deed of customary land grant in relation to such land.
(2) The deed of customary land grant shall specify whatever conditions the Land Board, with the approval of the Minister, imposes, and shall be signed by the Registrar of Deeds.
(3) A person who at the commencement of this Act is already in occupation of land referred to in subsection (1) and who holds a certificate of customary land grant or lease issued to him or her in terms of the repealed Act shall make an application for registration of his or her certificate of customary land grant or lease within six months of the commencement of this Act.
(4) A person who at the commencement of this Act is already in occupation of land referred to in subsection (1) and who does not hold a certificate of customary land grant or lease issued to him or her in terms of the repealed Act, but who occupies land granted by a Kgosi prior to the commencement of the repealed Tribal Land Act shall make an application for registration of his or her customary land grant or lease within six months of the commencement of this Act.
(5) A holder of a certificate of grant or lease who is required to register such certificate in terms of subsection (3) shall submit to the Land Board of the tribal area within which the land is situated, in a format approved by the Registrar of Deeds, an application for the said registration.
(6) The application for registration referred to in subsection (5) shall be accompanied by the certificate of grant or lease to be registered and such supporting documents as may be required by the Land Board.
(7) A Land Board shall on receipt of the application, the certificate of grant or lease and the supporting documents, submit the same to the Registrar of Deeds for registration where the Land Board is satisfied that the applicant is the grantee or lessee of the land which he or she has applied to be registered.
(8) If the person referred to in subsections (3) and (4) fails, refuses or neglects to make an application for the registration of his or her certificate of customary land grant or lease within the six months referred to in subsections (3) and (4) or if such person cannot after diligent search be found by the Land Board, the Land Board shall complete and sign such documents in the name of the person so failing, neglecting, refusing or being absent; and the Registrar of Deeds shall register such conveyance on receipt of the documents completed and signed by the Land Board with an affidavit by the Land Board setting out the full facts.
(9) A person who at the commencement of this Act is already in occuption of land referred to under subsection (1) and who holds common law lease over that land shall make an application for the re-registration of the common law lease as a customary land grant within six months of the commencement of this Act.
(10) The provisions of subsections (5), (6), (7) and (8) shall, with the necessary modifications, apply to a person referred to under subsection (9)

Para 71. There are special categories of society whose rights and access to land should be acknowledged, realised and protected. Disadvantaged members of the society should be provided with the opportunites that ensure their inclusion in the economic development mainstream through affirmative action in land allocation. Such categories include remote area communities, widows, orphans, youth and the vulnerable groups (people with disabilities and the need).

Section 15 (extract):
(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. [....] (4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-[...] (d) for the application in the case of members of a particular race, community or tribe of customary law with respect to any matter whether to the exclusion of any law in respect to that matter which is applicable in the case of other persons or not;

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.

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.

Section 60:
(1) No holder of a mineral concession shall exercise any right thereunder-
(a) without the written consent of the President, upon-
(i) any land dedicated as a place of burial;
(ii) any land containing any ancient monument or national monument, as defined in the Monuments and Relics Act; or
(iii) any land set aside or used for the purposes of Government;
(b) without the written consent of the owner or lawful occupier thereof-
(i) within 200 metres of any inhabited, occupied or temporarily unoccupied house or building;
(ii) within 50 metres of any land which has been cleared or ploughed or otherwise bona fide prepared for the growing of agricultural crops or upon which agricultural crops are growing;
(iii) upon any land from which, during the year immediately preceding, agricultural crops have been reaped; or
(iv) within 100 metres of any cattle dip, tank, dam or private water, as defined in the Water Act: Provided that where consent is unreasonably withheld the Minister may authorize the holder of a mineral concession to exercise all or any of his rights thereunder on such land, subject to such reasonable conditions as he may impose, including payment of reasonable compensation; Provided further that a dispute over the level of compensation shall not preclude the exercise of the concession holder's rights while such dispute remains to be settled;
(c) in a national park, without permission obtained under section 10 of the Wildlife Conservation and National Parks Act;
(d) upon any land reserved for the purposes of a railway track or within 50 metres of any railway track, without the written consent of the railway administration concerned;
(e) upon any land within, or within 200 metres of, the boundaries of any township, without the consent of the local authority concerned;
(f) upon any street, road, highway, public place or aerodrome, without the consent of the Minister or other authority having control thereof;
(g) upon any land on which industrial minerals are being mined on behalf of Government or a local authority, or by any person holding a permit under Part VII, without the consent of the Minister, such local authority or the holder of such permit, as the case may be; or
(h) upon land specified by the Minister, by order published in the Gazette, to be land upon which prospecting or mining is prohibited or restricted.
(2) A person exercising any right under a mineral concession shall produce evidence of the possession of such concession to the owner or lawful occupier of any land upon which such right is to be exercised upon demand being made to him and, in default of such production, such person may be treated as a trespasser.
(3) No person shall exercise any right under a mineral concession upon any land other than unalienated State land unless he has given at least 14 days notice of his intention to do so to the owner or lawful occupier thereof giving in such notice details of the area in which the right
is to be exercised and the date of expiry of his permit or licence.
(4) A notice given under subsection (3) shall be valid only for the period of validity of the mineral concession and the person giving such notice shall not exercise any right under such permit or licence in respect of the land to which the notice relates after the expiry thereof and, in the event of a renewal of such concession, he shall give fresh notice under subsection (3).
(5) No consent applied for under this section shall be unreasonably withheld.

Section 10:
Subject to any mining rights lawfully acquired in any area by any person before the date on which such area became a national park, any prospecting or mining in the area or the acquisition of any prospecting or mining rights in the area in terms of the Mines and Minerals Act shall be prohibited except with the written permission of the Minister.

Section 30
(1) Regulations made under this Act may provide for the issue of special game licences in respect of any animals other than protected game animals to citizens of Botswana who are principally dependent on hunting and gathering veld produce for their food, and such
regulations may provide for-
(a) the types of special game licence which may be issued;
(b) the animals for the hunting of which each type of special game licence may be issued;
(c) the categories of persons to whom such licences may be issued;
(d) the periods for which such licences may be issued; and
(e) the maximum number of animals of each species and kind which may be hunted by virtue of such a licence in any one period, and the area or areas within which they may be hunted.
(2) Subject to the provisions of this Act and any regulations made thereunder, a special game licence shall entitle the holder thereof to hunt, on the land and during the period specified in the licence, animals of the kind and of the number therein specified.
(3) The holder of a special game licence shall not be entitled to and shall not be issued with any other type of licence.

Regulation 9. Issue of a special game licence
(1) A special game licence, in the form set out in the Tenth Schedule, shall be issued free of charge.
(2) The special game licence shall be valid for a period of one year.
(3) The special game licence may only be issued to citizens who are principally dependent on hunting and gathering of veld products for their food and such other criteria as may be determined by the Director.
(4) A holder shall make the necessary endorsements of any animal killed in the licence thereof. (5) A holder shall not sell the special game licence, trophy or meat of the animal killed in respect of the licence thereof.
(6) A holder may, in the presence of the wildlife officer, endorse his special game licence with the particulars of a hunter who may hunt on behalf of the holder. (7) The holder shall not be entitled to and shall not be issued with any other type of licence. (8) Any holder who sells the special game licence or meat of the animal killed in respect of the licence thereof shall have his licence withdrawn forthwith and shall not be entitled to any other hunting licences for a period of three years. (9) Any person who contravenes any provision of this regulation shall be guilty of an offence

Section 2 (extract):
"subsistence fishing" means catching fish using traditional fishing gear for personal and household consumption which shall not be for sale;

Regulation 5. ( 1) Any person who engages in subsistence fishing shall be a citizen of Botswana.
(2) Any person who. engages in subsistence fishing using rod and line shall -
(a) use a rod with a reel; and
(b) catch and keep more than ten fish per day .
(3) Subsistence fishing using other traditional fishing methods such as fishing baskets and traps shall only be undertaken in drying out pools in flood
plains.
(4) Subject to subsection (2) any person who engages in subsistence fishing shall only use traditional fishing gear for the purpose of catching fish.

Section 19 (extract):
(1) A person shall not hunt or capture any animal (other than a non-designated invertebrate animal outside of a national park or a game reserve) otherwise than in accordance with the terms and conditions of a license issued, or a permit granted , under this Act:
Provided that a citizen of Botswana may hunt any non-designated animal, other than in a national park or game reserve, for consumption by himself or his dependants, without a license or permit.

Section 12(extract). Prohibited acts in forest reserve (1) No person shall in a forest reserve- (a) fell, cut, take, work, burn, injure or remove any forest produce; (b) squat, reside or build any hut or other living place or livestock enclosure, or construct or re-open any saw-pit or road; (c) [...]; (d) graze livestock or allow livestock to trespass; (e) clear, cultivate or break up land for cultivation or other purpose; or [...] Section 17. Exemption
Notwithstanding anything contained in section 12-
(a) a bona fide inhabitant of a town, village or habitation, specified by the Minister by order published in the Gazette, may perform such acts as may be specified in such order in a forest reserve adjacent to such town, village or habitation and referred to in the aforesaid notice; and
(b) a bona fide traveller may, while travelling on a lawful journey on a recognized road through or in a forest reserve-
(i) light a fire for the purposes of cooking, warmth or protection;
(ii) take firewood for his own use and for the use of his servants for the purposes referred to in subparagraph (i);
(iii) be in possession of implements for the cutting and taking of firewood;
(iv) graze any transport animals required for his journey; or
(v) cut forest produce for the purpose of releasing or extracting any vehicle bogged down in such road.
(2) An order made under subsection (1) may prescribe roads which are recognized roads.

Regulation 3. Exemption from restrictions The bona fide inhabitants of the towns, villages or habitations referred to in paragraph 1 may, within the Kasane Forest Reserve adjacent to such towns, villages, or habitations, collect for their own domestic use, but not for sale or barter- (a) firewood from dead trees provided that collection is made by donkey or head-load and not by motor vehicle; (b) poles of the species of trees specified in Part I of the Schedule hereto for the purposes of erecting huts and cattle kraals; (c) fruits of the species of trees specified in Part II of the Schedule (d) leaves of the species trees referred to in Part III of the Schedule; and
(e) the underground stem of the species referred to in Part IV of the Schedule.

Regulation 9. Issue of a special game licence (1) A special game licence, in the form set out in the Tenth Schedule, shall be issued free of charge. (2) The special game licence shall be valid for a period of one year. (3) The special game licence may only be issued to citizens who are principally dependent on hunting and gathering of veld products for their food and such other criteria as may be determined by the Director. (4) A holder shall make the necessary endorsements of any animal killed in the licence thereof. (5) A holder shall not sell the special game licence, trophy or meat of the animal killed in respect of the licence thereof. (6) A holder may, in the presence of the wildlife officer, endorse his special game licence with the particulars of a hunter who may hunt on behalf of the holder. (7) The holder shall not be entitled to and shall not be issued with any other type of licence. (8) Any holder who sells the special game licence or meat of the animal killed in respect of the licence thereof shall have his licence withdrawn forthwith and shall not be entitled to any other hunting licences for a period of three years. (9) Any person who contravenes any provision of this regulation shall be guilty of an offence

Section 2 (extract):
"subsistence fishing" means catching fish using traditional fishing gear for personal and household consumption which shall not be for sale;

Regulation 5. ( 1) Any person who engages in subsistence fishing shall be a citizen of Botswana.
(2) Any person who. engages in subsistence fishing using rod and line shall -
(a) use a rod with a reel; and
(b) catch and keep more than ten fish per day .
(3) Subsistence fishing using other traditional fishing methods such as fishing baskets and traps shall only be undertaken in drying out pools in flood
plains.
(4) Subject to subsection (2) any person who engages in subsistence fishing shall only use traditional fishing gear for the purpose of catching fish.

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.

Regulation 3. Management plan (1) The Director shall cause to be prepared for each national park and game reserve, a management plan, to cover the aspects of development and management of the national park or game reserve set out in the Second Schedule to these Regulations. (2) The Director shall approve, in writing and by initialling each page, a management plan made under subregulation (1) within 60 days of the official completion of the management plan. (3) Any part of the management plan may be substituted at any time if so approved by the Director. (4) A management plan prepared for a game reserve or national park on tribal land shall be approved by the Director and the appropriate Land Board, and signed by the Chairman of the Land Board to indicate approval. (5) The Officer-in-Charge is responsible for the implementation of, and shall be guided by, the management plan for the national park or game reserve unless directed otherwise by the Director. (6) In the absence of a management plan, the development and management of the national park or game reserve shall be guided by the draft management plan for the national park or game reserve, where such exists, or the instructions of the Director where such draft does not exist. (7) A management plan for a national park or game reserve may be reviewed as and when required, but shall be subject to a comprehensive review at least every five years. SECOND SCHEDULE
ASPECTS TO BE COVERED IN THE MANAGEMENT PLAN
(Regulation 3)
A management plan shall, at a minimum, cover the following1. An introduction which shall contain:
1.1 reference to the creation of the national park or game reserve and description of its current boundaries;
1.2 objectives for the national park or game reserve;
2. Zoning of the national park or game reserve for purposes of:
2.1 resource management, with limits to the acceptable change for soils, water, vegetation and animal populations;
2.2 physical developments, with specifications for each zone of types and quantities of
physical developments permitted, including, but not limited to:
(a) roads, tracks, firebreaks, airfields, bridges;
(b) administrative structures, e.g. houses, offices, workshops, stores, entrance gates;
(c) water supplies both for domestic purposes and animal watering; and
(d) sewage and litter management facilities;
2.3 community use zones;
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.);
4. Locations of DWNP facilities including:
4.1 Numbers and locations of DWNP facilities comprising of:
(a) staff camps;
(b) entrance gates;
(c) information centres;
(d) educational group camp sites; and
(e) training facilities.
5. Staff of DWNP including:
5.1 Staff numbers, ranks, functions and locations.
6. Filming and photography with particular reference to:
(a) The number of filming groups and filming vehicles that may be permitted in a sub zone within a national park or game reserve.
7. Management and administration including:

(a) policies on controlled burning, road maintenance, use of artificial watering points, etc;
(b) recurrent budgets, administrative procedures, equipment, etc.
8 Park Outreach:
(a) policies on community consultation, education and information in relation to the management and development of the National Park or Game Reserve

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.

Regulation 3:(extract)Management plan (1) The Director shall cause to be prepared for each national park and game reserve, a management plan, to cover the aspects of development and management of the national park or game reserve set out in the Second Schedule to these Regulations. [...] (4) A management plan prepared for a game reserve or national park on tribal land shall be approved by the Director and the appropriate Land Board, and signed by the Chairman of the Land Board to indicate approval. SECOND SCHEDULE
ASPECTS TO BE COVERED IN THE MANAGEMENT PLAN
(Regulation 3)
A management plan shall, at a minimum, cover the following[...]
8 Park Outreach:
(a) policies on community consultation, education and information in relation to the management and development of the National Park or Game Reserve

Para 3.1 (extract) The following principles will be adhered to in implementing the Policy: [...] (b) Decentralised and participatory wildlife management with greater involvement of communities, the private sector and nonGovernmental organisations;

Para 5.3: When allocating exclusive natural user rights, the needs of subsustence users residing in the defined geographical area must be recognised and provided for within ecological limits. Such allocations should be carefully monitores to determine the limits of subsistence use and those of commercial exploitation. Where commercial exploitation is identified, official quota setting practices shall apply.

Section 15 (extract):
(4) In his duties relating to the development of wildlife management areas, their management plans and their administration, the Director shall consult with the land boards and district councils responsible for the areas concerned.

Section 32 (extract):
(2) The Director may, after consultation with the appropriate local authorities and land boards, determine the number of animals of each species, or of a particular sex, that may be hunted during any season in any specified controlled hunting area, or any other specified area, and shall cause to be displayed a notice to this effect, at offices of the Department of Wildlife and National Parks, and at such other places as he may determine.

Section 11:
(1) The Minister may, by order published in the Gazette, declare any tree or class of tree to be a protected tree in Botswana or in any part thereof: Provided that no such declaration shall be made in respect of a tree-
(a) in a tribal territory without the consent of the land board acting in accordance with the advice of the local authority;
(b) on a private land, without the consent of the owner thereof.

3.1. The overall goal of the CBNRM Policy is to create a foundation for conservation based development in which the need to protect biodiversity and ecosystems is balanced with the need to improve rural livelihoods and reduce poverty. This will be achieved by providing communities with diversified livelihood and economic options, opportunities and incentives and by managing and using the country's natural resources in a sustainable manner.

Section 16 (extract):
(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.
Section 93:Payment of fees to district councils Where the Minister so recommends, any revenue deriving from the payment of fees for licences or permits to hunt, capture, sell or farm any animals or in respect of any other wildlife activity in its area, other than in a national park or game reserve, shall be paid to the district council concerned.

Para 3.1 (extract) The following principles will be adhered to in implementing the Policy:[...] (d) Equitable sharing of the costs and benefits of wildlife management and utilisation; Para 5.5.4.3: Develop benefit-sharing models which are sensitive to the needs of the different sectors of the community and based on accountability.

Section 3. Fundamental rights and freedoms of the individual
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.

10. Aministration and Management 10.1 [extract] Communities and their CBOs shall be required to develop and implement appropriate administrative and financial management systems and procedures to safeguard the benfits, fiances and assets derived from the use of natural resources.[...] 10.3 Thirty-five [35%] of the proceeds of the sale of natural resources concessions and hunting quotas may be retained by the CBO. Sixty-five percent (65%] shall be deposired in the Fund for the financing of community based enviornmental management and ecotourism projects throughout the country. The Minister may however, vary these percentages depending on the circumstances and needs of a particular CBO.

Section 16(extract):
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.

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. (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 18 (extract):
(1) The Minister shall, in the course of preparing a regional plan relating to any land or proposals for the revision of any such plans, consult with —
(a) a local authority;
(b) a Regional Planning Advisory Committee; or
(c) such persons or bodies of persons, including Bogosi, as he or she thinks fit, in whose district or districts such regional plan will have effect.
(2) The Minister shall, by notice published in the Gazette and in one newspaper circulating in the planning area, notify the public that there has been prepared in draft any such plan or proposals for the revision of any such plan, and of the place or places where the copies of such plan or proposals may be inspected by the public. Declaration of regions Regional plans Consultations for regional plans Declaration of planning areas
(3) If any objection or representation with respect to a regional plan or proposals for the revision of any such plan is made in writing to the Minister within one month of the publication of the notice referred to in subsection (2), the Minister shall take into consideration the objection or representation and, having done so, shall finalise the regional plan with or without modification of the draft plan or proposals.
(4) If, as a result of any objection or representation considered in connection with a regional plan or proposals for a revision of such a plan, the Minister is of the opinion that a person, body or authority ought to be consulted before he or she decides to make the plan either with or without modifications, or to revise the plan, as the case may be, the Minister shall consult that person, body or authority but he or she shall not be obliged to consult any other person, body or authority or to afford any opportunity for further objections or representations.
(5) The making of a regional plan or proposals for revision of a regional plan shall be published in the Gazette and in one newspaper circulating in the region and copies of the plan or proposals for revision of the plan as made by the Minister shall be available for inspection by the public.


Section 20:
(1) The planning authority shall, in preparing a local plan relating to any land, or proposals for the revision of any such plan, consult with any other local authority in whose district such local plan will have effect and may consult with such other persons, bodies of persons or authorities as it thinks fit.
(2) The planning authority shall, by notice published in the Gazette and in one newspaper circulating in the planning area, notify the public that there has been prepared in draft any such plan or proposals for the revision of any such plan, and of the place or places where the copies of such plan or proposals may be inspected by the public.
(3) If any objection or representation with respect to any such plan or proposals for the revision of any such plan is made in writing to the planning authority within one month of the publication of the notice referred to in subsection (2), the planning authority shall take into consideration the objection or representation and, having done so, shall make the local plan with or without modification of the draft plan or proposals.
(4) The planning authority may, where it considers it necessary, cause a hearing to be conducted for the purpose of considering any objection or representation made under subsection (3).
(5) For the purposes of conducting a hearing under subsection (4), the planning authority shall, in writing, prescribe the procedure for conducting the hearing.
(6) If, as a result of any objection or representation considered in connection with a local plan or proposals for a revision of such a plan, the planning authority is of the opinion that a person, body or authority ought to be consulted before it decides to make the plan either with or without modifications or to revise the plan, as the case may be, the planning authority shall consult that person, body or authority but it shall not be obliged to consult any other person, body or authority or to
afford any opportunity for further objections or representations.
(7) The making by the planning authority of a local plan or of proposals for revision of such a plan shall be published in the Gazette and in one newspaper circulating in the planning area and copies of any such plan or proposals as made by the Minister shall be available for inspection by the public.
(8) A local plan or a revision of a local plan shall become operative on the date of its publication in the Gazette and in one newspaper circulating in the planning area or on such later date as the planning authority may determine.

Section 49:
(1) Any person who-
(a) acquires or takes occupation of any tribal land without having an appropriate lease or a registered certificate issued by the Registrar of Deeds;
(b) changes the use of any such land without the prior approval of the appropriate Land Board;
(c) transfers any such land to any other person otherwise than under and in accordance with the provisions of this Act; or
(d) makes any statement or representation, whether explicit or implied, which he or she knows or reasonably ought to have known was untrue, for the purpose of obtaining a grant of land, or for the purpose of obtaining any benefit or compensation under the provisions of this Act, commits an offence and is liable to a fine of P20 000 and to imprisonment for two years, or if the offender is a corporate body, to a fine of P50 000.
(2) A court convicting a person of an offence under subsection (1) may order the eviction of the offender from the tribal land which he or she occupies and in respect of which the offence was committed.

Regulation 17:
(1) No person shall enter upon any land for the purpose of catching any fish without the written consent of the owner or occupier or by the duly appointed representative of such owner or occupier; and any person who contravenes the provisions of this subregulation shall be guilty of an offence and liable to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both.
(2) Any person seen or found on any land in possession of any fishing equipment shall be deemed to be in contravention of the provisions of this regulation until he or she proves to the contrary.
(3) Any authorised officer or police officer or any owner or occupier of land who finds any person in circumstances under subregulation (2) may require such person to satisfy him or her that he or she is not on the land in contravention of the provisions of this regulation and if such person is unable to give satisfactory proof, may demand from that person his or her full name and address and may forthwith direct that person to leave the land.
(4) Any person who fails to give his or her name and address, or gives a false or incomplete name and address or fails to forthwith leave the land after being directed to do so in accordance with subregulation (3) shall be guilty of an offence and liable to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both

Section 14:
Any person who-
(a) contravenes section 11(2), 12 or 13 or the conditions of any licence issued to him under the provisions of section 15;
(b) knowingly receives or is in possession of any forest produce in respect of which a forest offence has been committed;
(c) without authority makes upon or fixes to any forest produce a mark used by any forest official for any purpose under this Act to indicate that such forest produce is the property of the State or to indicate that forest produce may lawfully be cut or removed, or removes, damages or defaces any boundary mark, beacon, notice or fence posted or erected to indicate the boundary of a forest reserve; or
(d) without authority, alters, obliterates or defaces any stamp, mark or sign placed upon forest produce by or on the authority of a forest official, or counterfeits or alters any licence which may be issued under this Act, shall be guilty of an offence and liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding two years, or to both and, if he is the holder of a licence to forfeiture of such licence.