ACT

No 12 of 1998

Date of Assent:  21st April 1998

An Act to establish the Zambia Wildlife Authority and to define its functions; to provide for the establishment, control and management of National Parks and for the conservation and enhancement of wildlife eco-systems, biodiversity, and of objects of aesthetic, pre-historic, historical, geological, archaeological and scientific interest in National Parks; and for the promotion of opportunities for the equitable and sustainable use of the special qualities of National Parks; to provide for the establishment, control and management of Game Management Areas; to provide for the sustainable use of wildlife and the effective management of the wildlife habitat in Game Management Areas; to enhance the benefits of Game Management Areas both to local communities and to wildlife; to involve local communities in the management of Game Management Areas; to provide for the development and implementation of management plans; to provide for the regulation of game ranching; t0o provide for the licensing of hunting and control of the processing, sale, import and export of wild animals and trophies; to provide for the implementation of the Convention on International Trade in Endangered Species of Wild Flora and Fauna, the Convention on Wetlands of International Importance Especially as Water Fowl Habitat, the Convention on Biological Diversity and the Lusaka Agreement on Cooperative Enforcement

Operations Directed at Illegal Trade in Wild Fauna and Flora; to repeal the National Parks and Wildlife Act. 1991; and to provide for matters connected with or incidental to the foregoing.

[24th April 1998

ENACTED by the Parliament of Zambia

PART I

PRELIMINARY

1.      This Act may be cited as the Zambia Wildlife Act, 1998 and shall come into operation on such date as the Minister may, by statutory instrument, appoint.

2.      In this Act, unless the context otherwise requires:

“aerodrome” has the meaning assigned to it by section two of the Aviation Act;

“aircraft” includes all flying machines, aeroplanes, seaplanes, helicopters, flying boats, and other aircraft designed to be heavier than air, and includes all airships, microlites, balloons, kites and other aircraft designed to be lighter than air, whether captive, navigable or free and whether controlled by a human agency or not;

“animal” means any vertebrate animal, including any mammal, bird, reptile and amphibian and the egg of any bird or reptile, but does not include a fish or a human being;

“appointed date” means the date appointed by the Minister under section one;

“apprentice professional hunter’s licence” means a licence as specified in section forty-six;

“appropriate fee” in relation to any licence issued under Part VII, means, in the case of a licence so issued, the fee prescribed by regulations made under section thirty-four;

“Authority” means the Zambia Wildlife Authority established under section four;

“barrier” means an obstruction placed across a street or road by a wildlife police officer for the purpose of preventing or detecting an offence relating to wildlife under this Act;

“bird licence” means a licence as specified in section thirty-eight;

“bird sanctuary” means an area declared as a bird sanctuary under section one hundred and forty-four;

“board” means a community resources board established under section six;

“capture” includes the taking of eggs or nests;

“client” means any person who is booked on a hunting tour by a licensed hunting outfitter or a photographic tour operator;

“commercial photographic licence” means a licence specified under section fifty-five;

“Council” means any city, municipal, township or rural council established under the Local Government Act;

“court” means a subordinate court or High Court;

“dangerous animal” means an elephant, a rhinoceros, a hippopotamus, a buffalo, a lion, a leopard or a crocodile;

“Director-General” means the person appointed Director-General of the Zambia Wildlife Authority under paragraph 8 of the Schedule;

“domestic animal” means any horse, donkey, mule, camel, cow, sheep, pig, goat, dog, cat or domestic fowl, or any other animal of whatsoever kind or species and, whether quadruped or not, which is tame or which has been or is being sufficiently tamed to serve some purpose for the use of man;

“Environmental Council” means the Council established under section six of the Environmental Protection and Pollution Control Act;

“game animal” means any wild animal specified under section thirty, other than any wild animal specified as a protected animal;

“Game Management Area” means an area of land declared to be a Game Management Area under section twenty-six;

“harvest” means non-consumptive and consumptive use of game, non-game, protected or unprotected animals;

“honorary wildlife police officer” means any person appointed as such under paragraph 11 of the Schedule;

“hunt” includes to kill, to capture and includes the doing of any act immediately directed at killing or capturing;

“hunting block” means a Game Management Area or an area within a Game Management Area which has been set aside for hunting;

“hunting concession” means authority to hunt within a specified hunting block given by the Authority for a specified period of time;

“hunting outfitter’s licence” means a licence as specified in section fifty-three;

“ivory” means elephant ivory and includes any article manufactured from ivory;

“local community” means the residents within a Game Management Area or open area other than owners of tourist and camp lodges or hunting concessions, who by virtue of their rights over land including under customary land tenure invest in and derive benefits from the sustainable utilization of the wildlife resources in their area;

“meat” includes fat, blood or flesh, whether fresh or dried, pickled or otherwise preserved;

“National Park” means an area of land declared to be a National Park under section ten;

“non-resident hunting licence” means a licence as specified in section thirty-six;

“open area” means an area other than a National Park, Game Management Area, bird sanctuary or wildlife sanctuary where wild animals are found;

“owner” in relation to land, includes the person or persons entitled to the immediate and exclusive possession of land under any right and includes a licensee in lawful occupation of land under a licence and any person authorised by the owner to act of behalf of the owner in respect of land during the owner’s absence from Zambia;

“photographic or viewing safari” means an organised commercial tour for the purpose of taking photographs of, or viewing of, wild animals or scenery;

“photographic tour operator’s licence” means a licence as specified in section fifty-two;

“prescribed trophy” means any ivory or rhinoceros horn or any other trophy prescribed by regulations made under section eighty-nine;

“professional guide’s licence” means a licence as specified in section forty-three;

“proper officer” means:

(i)            any wildlife police officer; or

(ii)           any Zambia police officer not below the rank of Assistant Inspector;

“protected animal” means any wild animal specified as a protected animal under section thirty;

“public road” has the meaning assigned to it in the Roads and Road Traffic Act;

“repealed Act” means the National Parks and Wildlife Act;

“resident hunting licence” means a licence as specified in section thirty-seven;

“restricted professional hunter’s licence” means a licence specified under section fifty-four;

“road” means any public or other way, capable of being used by vehicular traffic and to which the public has access, and includes bridges over which a road passes;

“special licence” means a licence as specified in section forty;

“trophy” means any horn, tooth, tusk, bone claw, hoof, skin, hair, egg, feather or other durable part of any game animal or protected animal, whether added to or changed by work of man or not, provided that it is in such form as to be recognisable as a durable part of a game animal or protected animal and includes meat;

“trophy dealer” means a person who engages in the buying, selling or processing of trophies, but does not include a person who sells, processes or manufactures any article from any trophy of any game animal or protected animal lawfully hunted by him under a licence specified in paragraphs (a), (b), (c) and (d) of section thirty-three;

“trophy dealer’s permit” means a permit to engage in the business of a trophy dealer under section eighty-seven;

“vegetation” includes any form of vegetation matter, alive or dead;

“village scout” means a person employed by a board to enforce this Act within a Game Management Area under the jurisdiction of the board;

“wild animal” means any animal ferae naturae, and includes any game or protected animal, but does not include any domestic animal;

“wildlife” means wild animals or species of birds which are found in Zambia in a wild state and vegetation which is indigenous to Zambia and grows naturally without cultivation;

“wildlife police officer” means any officer appointed under paragraph 22 of the Schedule; and

“wildlife sanctuary” means an area declared as a wildlife sanctuary under section one hundred and forty-four.

3.             (1)           Subject to the other provisions of this Act, the absolute ownership of every wild animal within Zambia is hereby vested in the President on behalf of the Republic:

Provided that:

(i)            where any wild animal, which is not a game animal or a protected animal, is captured or killed or otherwise reduced into possession by any person in accordance with this Act, the absolute ownership of that animal or of the carcass of that animal, as the case may be, is hereby transferred to and vested in such person;

(ii)           where any game animal or protected animal is lawfully captured or killed or otherwise reduced into possession by any person in terms of a licence issued under paragraphs (a), (b), (c) and (h) of section thirty-three or under any authority granted under this Act, the absolute ownership of the game animal or protected animal or of the carcass or any trophy of those animals, is, subject to the other provisions of this Act and to the terms and conditions of the licence or authority, as the case may be, hereby transferred to, and shall vest in, the licensee under the licence or the person so authorised, as the case may be;

(iii)          where any wild animal is found resident on any land, the right to harvest such animal shall, subject to such regulations as the Minister may, on the advice of the Authority, prescribe, vest absolutely in the owner of such land.

(2)          Notwithstanding subsection (1), the absolute ownership of any wild animal, which has been captured or reduced into possession by any person prior to the commencement of this Act, subject to any other written law in force on the date of the capture of the animal or of its reduction into possession, is hereby declared to be vested in the person, who, on the commencement of this Act, whether directly or through an agent, is in actual lawful possession of the animal.

(3)           Except as provided by subsection (1), nothing in this section shall be deemed to transfer to any person the ownership of any game animal or protected animal which is found dying or dead, or of any found carcass, part of a carcass, trophy or meat or any game animal or protected animal.

(4)           Notwithstanding any other provisions of this section, if any person hunts or reduces into possession any game animal or protected animal in contravention of this Act, the absolute ownership of that game animal or protected animal or of the carcass or any trophy of the animal shall not be transferred, or be deemed to have been transferred, to that person or to any other person by reason of its having been so hunted or reduced into possession.

(5)           The Authority may, in writing, transfer to any person the absolute ownership of any game animal or protected animal which has been hunted or reduced into possession by any other person in contravention of this Act, and such other person shall forthwith deliver up the game animal or protected animal or the carcass of the animal together with every trophy of the animal to the person to whom the ownership has been transferred in terms of this subsection.

PART II

THE ZAMBIA WILDLIFE AUTHORITY

4.            (1)           There is hereby established the Zambia Wildlife Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with powers, subject to the other provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions under this Act.

(2)           The provisions of the Schedule shall apply to the Authority.

5.            (1)           Subject to the other provisions of this Act, the functions of the Authority shall be: 

(a)           to control, manage, conserve, protect and administer National Parks, bird sanctuaries, wildlife sanctuaries and Game Management Areas and coordinate activities in such areas;

(b)           in partnership with local communities, to share the responsibilities of management in Game Management Areas;

(c)           to adopt methods to ensure the sustainability, conservation and preservation in the natural state of eco-systems and bio-diversity in the National Parks, Game Management Areas, bird sanctuaries and wildlife sanctuaries;

(d)           to encourage the general development of National Parks, bird sanctuaries, wildlife sanctuaries and Game Management Areas including the development of facilities and amenities within these areas in accordance with management plans of a National Park, bird sanctuary, wildlife sanctuary or Game Management Area;

(e)           to sensitise and educate the general public on the necessity of wildlife conservation, and the importance of wildlife to foster appreciation of the economic and aesthetic value of wildlife as natural assets;

(f)            to undertake measures that will ensure the proper balance between the sustainable use of wildlife and the management of eco-systems in National Parks, bird sanctuaries, wildlife sanctuaries and Game Management Areas;

(g)           to enhance the economic and social well-being of local communities in Game Management Areas;

(h)           to prepare and implement management plans for National Parks, Game Management Areas, bird sanctuaries and wildlife sanctuaries in consultation with local communities;

(i)            to issue licences and permits under this Act;

(j)            in partnership with local communities, to grant hunting concessions to hunting outfitters and photographic tour operators in Game Management Areas;

(k)           to assist and advise the boards registered under section six in the management of human and natural resources in Game Management Areas and open areas which fall under their jurisdiction;

(l)            to formulate and advise the Minister on the regulations for the process of preparing the implementing management plans for National Parks, bird sanctuaries, wildlife sanctuaries and Game Management Areas;

(m)          to ensure the systematic management of financial, human and natural resources for the conservation of wildlife so that the abundance and diversity of species is maintained at optimum level;

(n)           to advise the Minister on the regulations required to conserve, protect and manage wildlife in National Parks, Game Management Areas, open areas, bird sanctuaries, wildlife sanctuaries and on private game ranches;

(o)           to pay out such money into a fund established by a community resources board from revenues payable under this Act in respect of licences issued, concessions granted and services rendered from the use of wildlife resources within an areas of a board as the Minister shall prescribe by regulations after consultations with the Authority; and

(p)           to carry out any other activities relating to wildlife which are necessary or conductive to the performance of its functions under this Act.

                (2)           Notwithstanding subsection (1):

(a)           the Authority may delegate to any member of the Authority, to any committee of the Authority, to the Director-General or to any board, any of its functions under this Act; and

(b)           the Director-General may delegate the functions of office to any proper officer or any board subject to the terms and conditions of the instrument of delegation from the Authority.

PART III

COMMUNITY RESOURCES BOARDS

6.             (1)           A local community along geographic boundaries contiguous to a chiefdom in a Game Management Area or an open area or a particular chiefdom with common interest in the wildlife and natural resources in that area, may apply to the Authority for registration as a community resources board.

                                (2)           The Authority 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 or open area or any part thereof which is under its jurisdiction.

                                (3)           A board registered under subsection (2) shall comprise:

(a)           not more than ten but not less than seven representatives from the local community who shall be elected by the local community;

(b)           one representative of the local authority in the area; and

(c)           a representative of a chief in whose area a board is established to represent that chief.

(4)           Notwithstanding subsection (2) a board may invite any person, whose presence is, in its opinion, desirable, to attend and to participate in the deliberations of a meeting of the board, but such a person shall not vote on any matter.

(5)           A chief in whose area a board is established shall be a patron of that board.

(6)           The Minister may, in consultation with the Authority and the particular board, determine the allowances and honorarium which shall be payable to a chief referred to in subsection (5).

(7)           The Authority shall, in consultation with the Minister and majority of the members of the local community represented by that board:

(a)           if satisfied that a board is no longer able to perform its functions under this Act, dissolve that board; or

(b)           if satisfied that a board is no longer viable in the area, de-register that board.

(8)          Subject to the other provisions of this Act, a board may regulate its own procedure:

               Provided that the board shall cause minutes to be kept of the proceedings of every meeting of the board.

(9)          The board may convene any meeting at any time for the conduct of its business under this Act.

7.            (1)           The functions of a board shall be to promote and develop an integrated approach to the management of human and natural resources in a Game Management Area or an open area falling within its jurisdiction.

               (2)           Without prejudice to the generality of subsection (1), a board shall have power to: