Section 17 (extract):
(1) A Land Board secretary shall be the head of the administration of the relevant Land Board, and shall be responsible for the day-to-day administration of the Land Board.
(2) Notwithstanding the generality of the provisions of subsection (1), a Land Board secretary shall-
[...]
(e) determine and develop management plans, and give guidance on the use and development of each land use zone within the area of jurisdiction of the Land Board;

Para 64. Wildlife Management Areas: Future growth of wildlife and tourism will require that linkages between wildlife systems are maintained, including connectivity and links between protected areas and wildlife management areas. Growth will focus on areas with comparative wildlife utilization advantage through conferring of legal status to currently un-gazetted WMAs, encouraging multiple resource uses compatibel with wildlife utilization and protection of user access rights. Wildlife Management Areas continue to serve the purpose for which they are zoned, serving as wildlife migratory routes and buffer zones. The following interventions will be made: i. Wildlife Mangement Areas (WMAs) will be maintained. Uses that support and complement WMA's will be permitted; ii. Government will plan for the utilization of WMAs; and iii.WMAs will be gazetted.

Section 5. Declaration of national parks
(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. Section 12. Game reserves and sanctuaries
(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. Wildlife management areas
(1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas. Section 16. Controlled hunting areas
(1) The areas specified in the Fourth Schedule are hereby declared to be controlled hunting.
areas.

Section 17 (extract):
A regional plan shall —
[...]
(b) indicate the major land uses, including important public utilities, major amenities and recreational areas, areas for development, major transportation and communications patterns and measures for the conservation and improvement of the physical environment;

SCHEDULE 2 MATTERS FOR WHICH PROVISION MAY BE MADE IN DEVELOPMENT PLANS (extract):
PART 1
1. Providing for the control of land development by zoning or designating for specific uses, such as residential, agriculture, wildlife, forestry, industry, mineral or water resources, communication and other forms of community uses.
[...]

Part IV
[…]
3. Allocation of land —
[...]
(b) for game and bird sanctuaries;
(c) for the protection of marine life.

Para 2.4.7. The Policy advocates for the following land uses and categories to be distinguished, defined and gazetted:
i) National Parks where wildlife and all other natural resources are preserved;
ii) Game Reserves where stated wildlife resources are conserved and hunting may be permitted under special conditions;
iii) Wildlife Management Areas where wildlife conservation and utilization are balanced and other land uses maybe permitted;
iv) Sanctuaries, game ranches and farms where the economic and ecological objectives are set by the owner;
v) Important Bird Areas being key habitats for birds that require protection and management;
vi) Important Fish Areas being key habitats for fish that require protection and management;
vii) Transfrontier Conservation Areas for management of natural resources that straddle across international boundaries; and
viii) Wetland ecosystems with potential for aquatic species conservation, fishing/aquaculture and recreation. 66).

5.3.4.3 (extract) Conduct regular monitoring and periodic comprehensive wildlife resource inventories.

Section 15 (extract)
(1) The areas specified in the Third Schedule are hereby declared to be wildlife management 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.

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. Add provisions of the regulation of 2000, art 3.4)

Regulation 3 (extract):
(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.

3.1. (extract) (b) Decentralised and participatory wildlife management with greater involvement of communities, the private sector and nonGovernmental organisations; 3.2 (extract) The following considerations underpin the Policy objectives and actions:[…] (vi) Devoting greater attention to management planning and the need for wildlife management to be linked to applied and scientific research; 5.3.4 Strategies
5.3.4.1 Develop and periodically review management plans, strategies and policies to guide the management, conservation and utilization of wildlife resources and protected areas. 5.7.1 (extract) [....] This Policy is meant to promote comprehensive participatory land use planning at appropriate levels, allowing people to continue co-existing with wildlife where possible.

Section 17 (extract):
(1) A Land Board secretary shall be the head of the administration of the relevant Land Board, and shall be responsible for the day-to-day administration of the Land Board.
(2) Notwithstanding the generality of the provisions of subsection (1), a Land Board secretary shall-
[...]
(e) determine and develop management plans, and give guidance on the use and development of each land use zone within the area of jurisdiction of the Land Board;

64. Wildlife Management Areas: Future growth of wildlife and tourism will require that linkages between wildlife systems are maintained, including connectivity and links between protected areas and wildlife management areas. Growth will focus on areas with comparative wildlife utilization advantage through confering of legal status to currently un-gazetted WMAs, encouraging multiple resources uses compatibel with wildlife utilization and protection of user access rights. Wildlife Management Areas continue to serve the purpose for which they were zoned, serving as wildlife migratory routes and buffer zones. The following interventins will be made: i. Wildlife Managment Areas will be maintaned. Uses that support and compliment WMAs will be permitted; ii. Government will plan for the utlization of WMAs; and iii. WMAs will be gazetted.

Section 5 (extract): Declaration of national parks (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. Section 12 :Game reserves and santuaries
(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 15: Wildlife Management Areas
(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:Controlled hunting areas
(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 17 (extract):
A regional plan shall —
[...]
(b) indicate the major land uses, including important public utilities, major amenities and recreational areas, areas for development, major transportation and communications patterns and measures for the conservation and improvement of the physical environment;

SCHEDULE 2 MATTERS FOR WHICH PROVISION MAY BE MADE IN DEVELOPMENT PLANS (extract):
PART 1
1. Providing for the control of land development by zoning or designating for specific uses, such as residential, agriculture, wildlife, forestry, industry, mineral or water resources, communication and other forms of community uses.
[...]

Part IV
[…]
3. Allocation of land —
[...]
(b) for game and bird sanctuaries;
(c) for the protection of marine life.

Para 2.4.7. (extract) :
i) National Parks where wildlife and all other natural resources are preserved;
ii) Game Reserves where stated wildlife resources are conserved and hunting may be permitted under special conditions;
iii) Wildlife Management Areas where wildlife conservation and utilization are balanced and other land uses maybe permitted;
iv) Sanctuaries, game ranches and farms where the economic and ecological objectives are set by the owner;
v) Important Bird Areas being key habitats for birds that require protection and management;
vi) Important Fish Areas being key habitats for fish that require protection and management;
vii) Transfrontier Conservation Areas for management of natural resources that straddle across international boundaries; and
viii) Wetland ecosystems with potential for aquatic species conservation, fishing/aquaculture and recreation. 66).

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.
(2) The President may similarly amend or revoke an order published under this section.

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) (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 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. Section 16 (extract) (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 16A (extract):
The Minister may, in the interests of conservation, by Order published in the Gazetter, decalre 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 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 9. Variation of forest reserve 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.

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 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 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. Section 16 (extract) (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 9. Variation of forest reserve 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.

Section 5: (extract)
(5) During the formulation of policy relating to the exercise of its functions under this Act, a Land Board shall consult the District Council and Tribal Administration which have jurisdiction over the land administered by the Land Board.

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 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 18:
(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.
(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.
(6) A regional plan or a revision of a regional plan shall become operative on the date of its publication in the Gazette or on such later date as the Minister may determine.

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 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.

Section 19 (extract)
(2) A draft local plan under subsection (1) shall be accompanied by a consultation report indicating the manner in which —
(a) consultations were made; and
(b) any representations or objections have been addressed.

Section 20 (extract):
(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.

Section 5: (extract) (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 8:
1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily
acquired, except where the following conditions are satisfied, that is to say—
a. the taking of possession or acquisition is necessary or expedient—
i. in the interests of defence, public safety, public order, public morality,
public health, town and country planning or land settlement;
ii. in order to secure the development or utilization of that, or other,
property for a purpose beneficial to the community; or
iii. in order to secure the development or utilization of the mineral
resources of Botswana; and
b. provision is made by a law applicable to that taking of possession or acquisition—
i. for the prompt payment of adequate compensation; and
ii. securing to any person having an interest in or right over the property a right of access to the High Court, either direct or on appeal from any other authority, for the determination of his or her interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation.
2. No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he or she has received any
amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his or her choice outside Botswana.
3. Subsection (1)(b)(i) of this section shall be deemed to be satisfied in relation to any 30 of 1969 Law applicable to the taking of possession of minerals or the
acquisition of rights to minerals if that law makes provision for the payment at reasonable intervals of adequate royalties.
4. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) of this section to the
extent that the law in question authorizes—
a. the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he or she is a party; or
b. the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted.
5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(1) of this section—
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property—
i. in satisfaction of any tax, rate or due;
ii. by way of penalty for breach of the law whether under civil process or after conviction of a criminal offence under the law in force in Botswana;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessary to do so because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions; or
vii. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out). and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
b. to the extent that the law in question makes provision for the taking of possession or acquisition of—
i. enemy property;
ii. property of a deceased person, a person of unsound mind, a person who has not attained the age of 21 years, a prodigal, or a person who is absent from Botswana, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii. property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for
the benefit of other persons entitled to the beneficial interest in the property; or
iv. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court, or by order of a court, for the purpose of giving effect to the trust.
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the
extent that the law in question makes provision for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided by Parliament.

Section 29 (extract):
(1) If the President determines that it is in the public interest that any land the ownership of which is vested in a Land Board under section 4 should be acquired by the State, the Minister shall serve notice thereof on the Land Board and the District Council having jurisdiction over such land, and request that such land be granted to the State, and the Land Board may then, having ascertained the views of the District Council in the matter, grant such land to the State in accordance with the provisions of Part IV.

Section 31 (extract):
(1) If a Land Board determines that it is in the public interest to repossess any land occupied by a grantee, for the purpose of ensuring the fair and just distribution of land among citizens of Botswana, or for any other public purpose that does not require acquisition of the land by the State, the Land Board shall serve notice thereof on the occupier to vacate the land.

Section 3. Power of the President to acquire property (1) The President may acquire any real property where the acquisition of such property is necessary or expedient- (a) in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement; or (b) in order to secure the development or utilization of that or other property for a purpose beneficial to the community, paying such compensation therefor as may be agreed upon or determined under the provisions of this Act. (2) The President may agree with the owner of any real property required for public purposes for the purchase of such property, or such portion thereof as he thinks proper, for such consideration or compensation as may be agreed upon or determined under the provisions of this Act; and may in like manner acquire leasehold title.

Section 8 (extract). Protection from deprivation of property
(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-
(a) the taking of possession or acquisition is necessary or expedient-
(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement;
(ii) in order to secure the development or utilisation of that, or other, property for a purpose beneficial to the community; or
(iii) in order to secure the development or utilisation of the mineral resources of Botswana; and[...] (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section-
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property-[...] (vii) [...] in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; [...]

Section 31 (extract):
(2) Any person who is required to vacate land under the provisions of subsection (1) may be granted the right to use other land, if available, and shall, subject to the relevant provisions of section 32 be entitled to adequate compensation from the State.

Section 32:
(1) Where land is granted to the State under section 29, a Land Board shall by notice in writing require the occupier to vacate the land.
(2) Any person who is required to vacate land under the provisions of subsection (1) may be granted the right to use other land, if available, and shall be entitled to adequate compensation from the State.
(3) In determining the amount of the compensation referred to in subsection (2) the State shall have regard to-
(a) the fact that the person claiming compensation has been granted the right to use other land;
(b) the market value of the property at the date of service of the notice to vacate the land;
(c) any increase in the value of any other property of any person interested is likely to accrue from the use to which the property acquired will be put;
(d) the damage, if any, sustained by any person interested, by reason of the severing of any land from any other land of such person;
(e) the damage, if any, sustained by any person interested, by reason of the acquisition injuriously affecting any other property of such person; and
(f) the reasonable expenses, if any, incidental to any change of residence or place of business of any person interested which is necessary in consequence of the acquisition:
Provided that the Land Board shall not have regard to-
(i) the fact that the acquisition is compulsory,
(ii) the degree of urgency which has led to the acquisition,
(iii) any disinclination of any person interested to part with the property to be acquired,
(iv) any damage sustained by any person interested which, if caused by a private person, would not be a good cause of action,
(v) any increase in the value of the property to be acquired which is likely to accrue from the use to which it will be put when acquired, or
(vi) any outlay on additions or improvements to the property to be acquired, which has been incurred after the date of service of the notice to vacate the land unless such additions or improvements were in the opinion of the State necessary.
(4) If the market value of the property has been increased by means of any improvements made within one year immediately preceding the service of the notice to vacate the land, such increase shall be disregarded unless it is proved that the improvement was made bona fide and not in contemplation of such property being required for public purposes.
(5) When the President has in pursuance of a notice under section 29 entered into possession of any property, the Land Board may award compensation to the owner of such property and to all parties entitled to any title or interest therein for loss of rentals for the period between the time the President so entered into possession, and the time when the consideration due under an agreement has been paid to the persons entitled thereto, or compensation has been paid under the provisions of this Act. (6) Where the State and any person who alleges that he or she is entitled to compensation under the provisions of this section are unable to agree as to the amount of such compensation, such person may make application to the Land Tribunal for the purpose of-
(a) the determination of his or her interest or right;
(b) ascertaining the legality of the taking of possession or acquisition of the property, interest or right; or
(c) ascertaining the amount of any compensation to which he or she is entitled and whether or not such compensation is adequate in the circumstances of the case and, if not, what is adequate compensation, and the Land Tribunal may make such order in the matter as it deems fit.

Section 3. Power of the President to acquire property (1) The President may acquire any real property where the acquisition of such property is necessary or expedient- (a) in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement; or (b) in order to secure the development or utilization of that or other property for a purpose beneficial to the community, paying such compensation therefor as may be agreed upon or determined under the provisions of this Act. Section 16 Matters to be considered in determining compensation (1) In determining the amount of compensation to be given for property acquired or to be acquired under this Act, a Board shall assess what is adequate compensation therefor, and for such purpose shall have regard to-
(a) the market value of the property at the date of service of the notice of acquisition under section 5;
(b) any increase in the value of any other property of any person interested likely to accrue from the use to which the property acquired will be put;
(c) the damage, if any, sustained by any person interested, by reason of the severing of any land from any other land of such person;
(d) the damage, if any, sustained by any person interested, by reason of the acquisition injuriously affecting any other property of such person; and
(e) the reasonable expenses, if any, incidental to any change of residence or place of business of any person interested which is necessary in consequence of the
acquisition:
Provided that the Board shall not have regard to-
(i) the fact that the acquisition is compulsory;
(ii) the degree of urgency which has led to the acquisition;
(iii) any disinclination of any person interested to part with the property to be acquired;
(iv) any damage sustained by any person interested which, if caused by a private person, would not be a good cause of action;
(v) any increase in the value of the property to be acquired which is likely to accrue from the use to which it will be put when acquired; or
(vi) any outlay on additions or improvements to the property to be acquired, which has been incurred after the date of service of the notice of acquisition under section 5 unless such additions or improvements were in the opinion of the Board necessary.
(2) If the market value of the property has been increased by means of any improvements made within one year immediately preceding the service of the notice of acquisition under section 5, such increase shall be disregarded unless it is proved that the improvement was made bona fide and not in contemplation of such property being compulsorily acquired under the provisions of this Act.

Section 8 (extract) Protection from deprivation of property
(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-[....]
(b) provision is made by a law applicable to that taking of possession or acquisition-
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the High Court, either direct or on appeal from any other authority, for the determination of his or her interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation.

Section 24. Game farms and ranches
(1) Any owner of land or leaseholder, or any person authorized by the Minister for the purposes of this section, who wishes to farm or ranch game animals on the land he owns or occupies may apply therefor, in such form as may be prescribed, to the Director, and the Director may, in conformity with any land use plan, and with any other written law, and subject to the payment of such fees as may be prescribed, and such terms and conditions as he
considers necessary or desirable, grant such permission in writing.

Section 4. Requirements to undertake any activity (1) No person shall undertake or implement an activity prescribed under section 3 unless —
(a) such person has applied to a licensing authority for authorization to undertake such activity and authorisation has been issued under
section 12; and
(b) the environmental impact of the proposed activity is fully taken into account in accordance with the provisions of this Act

Section 19 (extract):
(3) A local plan shall —
[…]
(b) include a strategic environmental assessment in accordance with the Environmental Assessment Act.

Regulation 3. Activities to which Act applies Subject to section 3 of the Act, activities, locations, thresholds and criteria to which the Act applies shall be as set out in Schedule 1 to these Regulations.

SCHEDULE 1 (regulation 3)
LIST OF ACTIVITIES, LOCATIONS AND THRESHOLDS FOR WHICH AN ENVIRONMENTAL STATEMENT IS REQUIRED (extract) [...] 15. Programmes, policies and plans -
(a) land use and structural plans;
(b) settlement plans;
(c) national policies, legislation and development strategies and programmes

16. Other
[...]
(c) a project whose implementation will likely cause a public outcry or will result in the displacement of people;
[...]
(e) a project 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;

Section 9 (extract):
(2) An environmental impact assessment or a strategic environmental assessment shall identify and evaluate the environmental impact of an activity with particular reference to the — (a) health, safety or quality of life of people; (b) archaeological, aesthetic, cultural or sanitary conditions of the environment; and (c) configuration, quality and diversity of natural resources

Para 78 (extract) [...] the following will be undertaken: i. The whole country will be declared a planning area save that some planning legislation requirements will be relaxed in some areas; ii. National land use map, Regional plans, District Intergrated land use plans; Village Development plans and related layout plans will be prepared; iii. All land will be zoned and decarmated before allocation. [...]

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 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 24 (extract)
(1) Any owner of land or leaseholder, or any person authorized by the Minister for the purposes of this section, who wishes to farm or ranch game animals on the land he owns or occupies may apply therefor, in such form as may be prescribed, to the Director, and the Director may, in conformity with any land use plan, and with any other written law, and subject to the payment of such fees as may be prescribed, and such terms and conditions as he considers necessary or desirable, grant such permission in writing.
(2)(a) Any permission given in accordance with subsection (1) shall be for a period of not less than 10 years, and may be renewed, or, if the applicant is a leaseholder and the unexpired portion of his lease is less than 10 years, for the period of such unexpired portion.
(b) The Director shall cause notice of such permission to be published in the Gazette, and a notice shall be posted at the entrance, or the entrances, of the farm or ranch referring to such Gazette notice.
(3) Any permission given by the Director in accordance with subsection (1) may be withdrawn by him forthwith if the person to whom such permission is given is convicted of an offence under this Act, or contravenes any of the terms and conditions subject to which such permission was given.

Regulation 19:

(1) An application for a common law right to land under section 24 of the Act shall be addressed to the secretary and shall specify­ (a) the name, postal address, age and sex of the applicant; (b) the citizenship of the applicant; (c) the applicant's marital status, and the name of the applicant's spouse, if any; (d) the full particulars of the right sought; (e) the location, description and extent of the land concerned, and the applicant shall attach to the application the form of agreement which he seeks and a sketch plan of the land concerned. (2) Applicants shall also be required to produce their national identity cards in the case of citizens, or in the case of non-­citizens their passports, residence permits and, in the case of companies, their certificates of incorporation. Regulation 20 (extract): (1) On receipt of an application for a grant of land under section 24 of the Act a land board shall consider whether and, if so, on what terms and conditions, including the appropriate consideration to be paid by the applicant, it is disposed to grant the land applied for. (2) If, in the case of an applicant who is not a citizen of Botswana, the land board is disposed to grant the land applied for by way of lease, it shall submit to the Minister the application and a draft agreement of grant including the proposed terms and conditions together with the sketch plan submitted to it by the applicant. (3) When submitting the draft agreement of grant as provided in subregulation (2), the land board, having examined the register kept under section 16(2) of the Act, shall certify whether or not customary rights in respect of the land concerned subsist and shall state 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.
(4) As long as customary rights in respect of a piece of land subsist no grant of that land shall be made which would conflict with such right without the consent of their owner.

Regulation 11 (extract) (2) Any meeting of the subordinate land board at which representations concerning an application for a customary land right are heard shall be held in public and any interested person shall be entitled to make representations concerning the application, the substance of which shall be recorded by the clerk. (3) For the purpose of resolving any dispute or difference arising from the representations submitted to it, or otherwise for the purpose of enabling it to decide upon an application, a subordinate land board shall have power to summon persons to give evidence before it.
Regulation 14 (extract) (1) With the object of avoiding disputes arising from imprecise or conflicting grants, it shall be the duty of a subordinate land board in making a grant of customary rights in respect of a piece of land which is not defined by a diagram to describe it in the certificate of grant by reference to permanent and ascertainable boundary points or boundaries whenever possible, and whenever possible to attach a sketch plan.

Section 18 (extract):
(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 24 (extract):
(5) The terms and conditions subject to which permission may be given under subsection(1), may include the requirement that the land concerned should be enclosed by a game proof fence of such type and specifications as the Director considers suitable and satisfactory.
(6) Where the game farm or ranch is enclosed by a game proof fence to the satisfaction of the Director, there shall be no limit to the number of animals that are specified in Part II (Game Animals which may be Hunted under Licence) of the Seventh Schedule that may be killed or captured on the farm or ranch, unless the Director otherwise directs, but where the farm or ranch is not enclosed by a game proof fence to the satisfaction of the Director, the culling of animals shall be subject to the written permission of the Director, who shall also, if satisfied that such culling is a sustainable form of game utilization, specify the number of animals that may be culled, and such culling shall be subject to the payment of such fees as may be prescribed.

Section 83 (extract) :
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 24 (extract) (13) Any person who contravenes any provision of this section shall be guilty of an offence and, without derogation from his liability under any other provision of this Act or any other written law, shall be liable, in respect of an offence under subsections (4), (6), (8)(b) or (12) to a fine of P5 000 and to imprisonment for 5 years, and in respect of any offence under any other subsection, to a fine of P500 and to imprisonment for 6 months.

Section 37(extract)
(1) A person who is guilty of an offence under sections 9(2) or 36(1) shall be liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding one year, or to both.