ZMB- AC - LAND & INLAND WATER TENURE
PRECONDITIONS
Zambia / Preconditions
PRECONDITIONS
LAND & INLAND WATER TENURE
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Section 13 (extract)- "(1) Where a person has any right in or over any land which is included in an area subject to an order made under section eleven or twelve, that land may, for the purpose of the extinguishment of such right, be acquired by the President in accordance with the Lands Acquisition Act. (2) For the purposes of this section,”right in or over any land” includes any right of way, easement, franchise, profit, claim, privilege, exemption or immunity of any person in, over or under that land, but does not include any mining rights or communal fishing right enjoyed under customary law by any person or body of persons."
Section 28 (extract)- "[...](2) Any land within any declared or extended Game Management Area that is held under a leasehold title shall not, except with the written consent of the occupier, be affected by the declaration or extension made under subsection (1) and shall be deemed to be excluded from it. (3) The Minister may, upon application made to the Director, in writing, by the occupier of any land held under a leasehold title, recommend to the President that the land be declared to be, or be included within, a Game Management Area under subsection (1)."
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Regulation 4 (extract)- "(1) Subject to these Regulations, community forest management may be applied in— (a) open areas; (b) local Forests; and (c) Game Management Areas"
Regulation 9 (extract)- "(1) The community forest management area shall be for the exclusive use of the local community represented by the community forest management group unless an application for recognition is rejected by the Director"
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Section 16 (extract)- "(2) A mining right shall not be granted in a National Park, Community Partnership Park or bird or wildlife sanctuary without an environmental impact assessment conducted in accordance with procedures specified by the Environmental Management Act, 2011, and which procedures shall take into account the need to conserve and protect—(a) the air, water, soil, flora, fauna, fish, fisheries and scenic attractions in or on the land over which the right is sought; and (b) features of aesthetic, cultural, architectural, archaeological, historical or geological interest in or on the land over which the right is sought. (3) The exercise of a mining right in respect of any land comprised in a National Park, Community Partnership Park or bird or wildlife sanctuary shall be subject to section thirty-eight."
Section 29 (extract)- "A person who settles or lives in a Game Management Area shall comply with the provisions of a general management plan for the Game Management Area"
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Article 257 (extract)- "the State shall, in the utilisation of natural resources and management of the environment- (d) encourage public participation; "
Article 253 (extract)- "(1) provides that land shall be held, used and managed in accordance with the following principles:
(a) equitable access to land and associated resources;
(b) security of tenure for lawful land holders;
(c) recognition of indigenous cultural rites;
(d) sustainable use of land;
(e) transparent, effective and efficient administration of land;
(f) effective and efficient settlement of land disputes;
(g) river frontages, islands, lakeshores and ecologically and culturally sensitive areas—
(i) to be accessible to the public;
(ii) not to be leased, fenced or sold; and
(iii) to be maintained and used for conservation and preservation activities;
(h) investments in land to also benefit local communities and their economy; and
(i) plans for land use to be done in a consultative and participatory manner. "
Section 4 The following principles shall apply to wildlife conservation and management: (d) the equitable and effective participation of local communities and traditional leaders shall be promoted taking into account their interest and needs
Section 11 (extract)- "Whenever the President considers that the conservation or protection and enhancement of wildlife, eco-systems, biological diversity and natural beauty so demands, the President may, after consultation with the Minister and the local community in the area, by statutory order, declare an area of land within the Republic to be a National Park for the purposes of this Act and may, in like manner, declare that a National Park shall cease to be a National Park or that the boundaries of a National Park shall be altered or extended"
Section 28 (extract)- "(1) The President may, after consultation with the Minister and the local community, by statutory order, declare an area of land within the Republic to be a Game Management Area for the sustainable utilisation of wildlife and for the purposes of this Act, and may, in like manner, define or alter or extend the limits of the area or order the area to cease to be a Game Management Area"
Section 32 (extract)- " (1) A local community along geographic boundaries contiguous to a chiefdom in a Game Management Area, an open area or a particular chiefdom with common interest in the wildlife and natural resources in that area, may apply to the Minister for registration as a community resources board. (2) The Minister shall register as a board, a local community which, in addition to the pre-requisites described in subsection (1), meets the requirements of subsection (3) and shall, in consultation with that board, develop management plans for the Game Management Area, open area or any part of the Game Management Area or open area which is under its jurisdiction."
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20(1); An integrated development plan shall include a planning survey and issues report, a development framework report, an implementation programme, a report on public consultation and appropriate diagrams and plans… (6) Where land falling under customary tenure is to be included in an integrated development plan in line with a planning agreement drawn up in accordance with section twenty-five, the methods, mechanisms, processes and procedures for consultation and participation of residents and stakeholders occupying the customary land, including traditional authorities, as indicated in the planning programme, shall be complied with and the method of publication shall take into account the cultural values and norms of the area
21(1); A planning authority shall use a local area plan as a planning instrument to provide detailed proposals for the development of an area designated for development under an integrated development plan
(8) Where an area that is the subject of a local area plan is, or includes, land held under customary tenure, the consultation process shall take into account the cultural values and norms and needs of the area.
25(1); A local authority may, in order to develop a customary area and facilitate the implementation of an integrated development plan or local area plan in the customary area, enter into planning agreements with one or more Chiefs responsible for the customary area. ..(3) Where a Chief or local authority refuses to enter into a planning agreement, the Minister shall, after consultation with the President, sign the planning agreement if it is in the public interest to do so for purposes of this Act, and the planning agreement shall bind the Chief and local authority concerned
39(1); A local planning authority or the provincial planning authority, as the case may be, shall manage the drafting of an integrated development plan in accordance with the adopted planning programme provided for under section thirty-six
Section 7 (extract)- "(1) Notwithstanding subsection (2) of section thirty-two but subject to section nine, every piece of land in a customary area which immediately before the commencement of this Act was vested in or held by any person under customary tenure shall continue to be so held and recognised and any provision of this Act or any other law shall not be so construed as to infringe any customary right enjoyed by that person before the commencement of this Act (2) Notwithstanding section thirty-two, the rights and privileges of any person to hold land under customary tenure shall be recognised and any such holding under the customary law applicable to the area in which a person has settled or intends to settle shall not be construed as an infringement of any provision of this Act or any other law except for a right or obligation which may arise under any other law. "
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Section 26 (extract)-"The Minister may, after consultation with the Minister responsible for environmental protection and management, national
heritage conservation and management and wildlife management and with the Director and the local riparian community, by statutory order, declare any area of water to be a fisheries management area for the management and sustainable utilisation of such species of fish as may be specified in the order.(3) Where a fisheries management area is in a local forest, national forest or national park, the exercise or enjoyment of any fishing right or interest in the area shall be consistent with sustainable forest management or wildlife conservation and management, as the case may be.
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Regulation 4 (extract)- "(1) Subject to these Regulations, community forest management may be applied in— (a) open areas; (b) local Forests; and (c) Game Management Areas"
Regulation 9 (extract)- "(1) The community forest management area shall be for the exclusive use of the local community represented by the community forest management group unless an application for recognition is rejected by the Director"
Section 16 (extract)- "(1) Subject to subsection (2), nothing in this Act shall be construed as preventing or restricting the granting in respect of any land within a National Park, Community Partnership Park or bird or wildlife sanctuary— (a) of any mining right or other right, title, interest or authority necessary or convenient for the enjoyment of a mining right; or (b) for any purpose consistent with this Act of a right, title, interest or authority under any other written law. (2) A mining right shall not be granted in a National Park, Community Partnership Park or bird or wildlife sanctuary without an environmental impact assessment conducted in accordance with procedures specified by the Environmental Management Act, 2011, and which procedures shall take into account the need to conserve and protect—(a) the air, water, soil, flora, fauna, fish, fisheries and scenic attractions in or on the land over which the right is sought; and (b) features of aesthetic, cultural, architectural, archaeological, historical or geological interest in or on the land over which the right is sought. (3) The exercise of a mining right in respect of any land comprised in a National Park, Community Partnership Park or bird or wildlife sanctuary shall be subject to section thirty-eight. (4) The exercise of a right, interest or authority granted under paragraph (b) of subsection (2) shall be subject to any conditions which the Minister may impose"
Section 30 (extract)- "(1) A person who holds any mining rights in, over, under or in respect of any land comprised in a Game Management Area may enter and exercise the mining right within the Game Management Area upon that person giving prior written notice to the Director of the person’s intention to enter the Game Management Area and to exercise that person’s right upon compliance with any conditions which the Minister may impose. (2) Without prejudice to the generality of the powers of the Minister to impose conditions, the Minister may impose conditions relating to the exercise of any mining rights in accordance with the measures specified under an environmental impact assessment approved by the Zambia Environmental Management Agency, including the number of persons to be employed within a Game Management Area and the conditions to be observed by such persons. (3) A person to whom subsection (1) applies who enters a Game Management Area without giving prior notice to the Director or fails to comply with any condition imposed by the Minister commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding six months, or to both"
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Section 26 (extract)-"The Minister may, after consultation with the Minister responsible for environmental protection and management, national
heritage conservation and management and wildlife management and with the Director and the local riparian community, by statutory order, declare any area of water to be a fisheries management area for the management and sustainable utilisation of such species of fish as may be specified in the order.(3) Where a fisheries management area is in a local forest, national forest or national park, the exercise or enjoyment of any fishing right or interest in the area shall be consistent with sustainable forest management or wildlife conservation and management, as the case may be.
Section 12(5); A party to a partnership agreement shall- […] (b) administer the traditionaluser rights of local community in accordance with sustainable wildlife management and conservation.
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Section 2 (extract)- "General management plan means a document that sets out the basic management and development philosophy for a protected area and provides strategies for addressing problems and achieving identified management objectives;"
Section 5(extract)- "(1) There is established in the Ministry responsible for tourism the Department of National Parks and Wildlife which shall be responsible for the administration of this Act under the general direction of the Permanent Secretary of the Ministry. (2) Subject to the other provisions of this Act, the functions of the Department are to —(d) encourage the general development of National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas, including the development of facilities and amenities within these areas in accordance with the management plans for those areas;(h) prepare and implement management plans for National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas in consultation with relevant stakeholders;(l) formulate and advise the Minister on the regulations for the preparation and implementation of general management plans for National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas;"
Section 12 (extract)- " (5) A party to a partnership agreement shall— (a) protect, conserve and manage the Community Partnership Park in respect of which it is made pursuant to the partnership agreement and the general management plan for the Community Partnership Park;"
Section 28 (extract)- "(4) Notwithstanding the provisions of any written law, a person may obtain leasehold title within a Game Management Area in accordance with the provisions of the general management plan for the Game Management Area"
Section 29 (extract)- ".A person who settles or lives in a Game Management Area shall comply with the provisions of a general management plan for the Game Management Area."
Section 32 (extract)- "(2) The Minister shall register as a board, a local community which, in addition to the pre-requisites described in subsection (1), meets the requirements of subsection (3) and shall, in consultation with that board, develop management plans for the Game Management Area, open area or any part of the Game Management Area or open area which is under its jurisdiction"
Section 33 (extract)- "(1) The functions of a board are to promote and develop an integrated approach to the management of human and natural resources in a Community Partnership Park, Game Management Area or an open area falling under its jurisdiction (2) a board may (d) in consultation with the Director, develop and implement management plans which reconcile the various uses of land in areas falling under the board’s jurisdiction. (3) The preparation and implementation of general management plans in Community Partnership Parks, Game Management Areas and open areas shall be in accordance with such regulations as the Minister may prescribe, in consultation with the Director."
Section 146 (extract)- "(1) The Minister may, after consultation with the Director, by regulation, prescribe anything required to be prescribed under this Act and for the better carrying out of the provisions of this Act; (n) the preparation of general management plans for National Parks, Community Partnership Parks and Game Management Areas bt there is no regulation yet on these."
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Section 5(extract)- "(1) There is established in the Ministry responsible for tourism the Department of National Parks and Wildlife which shall be responsible for the administration of this Act under the general direction of the Permanent Secretary of the Ministry. (2) Subject to the other provisions of this Act, the functions of the Department are to —(h) prepare and implement management plans for National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas in consultation with relevant stakeholders;(l) formulate and advise the Minister on the regulations for the preparation and implementation of general management plans for National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas;"
Section 32 (extract)- "(2) The Minister shall register as a board, a local community which, in addition to the pre-requisites described in subsection (1), meets the requirements of subsection (3) and shall, in consultation with that board, develop management plans for the Game Management Area, open area or any part of the Game Management Area or open area which is under its jurisdiction"
Section 33 (extract)- "(1) The functions of a board are to promote and develop an integrated approach to the management of human and natural resources in a Community Partnership Park, Game Management Area or an open area falling under its jurisdiction (2) a board may (d) in consultation with the Director, develop and implement management plans which reconcile the various uses of land in areas falling under the board’s jurisdiction. (3) The preparation and implementation of general management plans in Community Partnership Parks, Game Management Areas and open areas shall be in accordance with such regulations as the Minister may prescribe, in consultation with the Director."
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Regiulation 3 (extract)- "(1)The Authority shall pay into the fund established by the community resource board fifty percentum of the total revenue earned by the Authority from animal Licence feees: provided that only a community resource board established in an area in respect of which the animal licence has been issued shall be paid. (2) The money referredto in subsection (1) shall be paid to the community resource board and the patrons in such proportions as are specified in the Schedule."
Schedule (extract)- "(a) community resource board 45% (b) Patron (5%)"
Section 28(5); Nothing in this section shall prevent the Minister from granting concession agreements within a game management area and land-user rights fees shall be payable to the Minister by an investor within the game management area which shall be shared between the Ministry and the local community, on such terms as may be prescribed.
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Article 257 (extract)- "The State shall, in the utilisation of natural resources and management of the environment- (d) encourage public participation;
Section 40. (1) A planning authority shall, within fourteen days of the preparation or proposed amendments of a regional development plan, an integrated development plan, local area plan or sectoral plan, display a notice in public places in its area, at its offices and on its website, in the prescribed manner and form, informing the public of the availability of the draft regional development plan, integrated development plan, local area plan or sectoral plan.(2) A planning authority shall make the draft regional development plan, integrated development plan, local area plan or sectoral plan available for public scrutiny and comments at its office and at other public offices in its area, for a period of sixty days.
(3) A planning authority shall establish mechanisms to collect and respond to public comments, concerns and questions relating to the draft regional development plan, integrated development plan, local area plan or sectoral plan, including public debates and hearings.
(4) A public hearing for a draft regional development plan, integrated development plan, local area plan or sectoral plan shall be conducted in the prescribed manner.
Section 4 (extract)- "The following principles shall apply to wildlife conservation and management—(d) the equitable and effective participation of local communities and traditional leaders shall be promoted taking into account their interest and needs."
Section 11 (extract)- "whenever the President considers that the conservation or protection and enhancement of wildlife, eco-systems, biological diversity and natural beauty so demands, the President may, after consultation with the Minister and the local community in the area, by statutory order, declare an area of land within the Republic to be a National Park for the purposes of this Act and may, in like manner, declare that a National Park shall cease to be a National Park or that the boundaries of a National Park shall be altered or extended."
Section 28 (extract)- "(1) The President may, after consultation with the Minister and the local community, by statutory order, declare an area of land within the Republic to be a Game Management Area for the sustainable utilisation of wildlife and for the purposes of this Act, and may, in like manner, define or alter or extend the limits of the area or order the area to cease to be a Game Management Area."
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Section 14 (extract)- " (1) A lessee shall pay such ground rent as may be prescribed by the President, by statutory instrument. (2) Subject to subsection (3) where any amount of ground rent unpaid after the day on which it became payable under subsection (1) remains unpaid after the day on which it became payable, the lessee shall be liable to pay a penalty of twenty-five per centum of the rent due."