The Zambia Wildlife Act No. 12 of 1998, under Part (ii) Section 5 (d) provides that Zambia Wildlife Authority (ZAWA) should encourage the general development of National Parks, bird Sanctuaries, Wildlife Sanctuaries and GMAs 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.

Additionally, Under Part II, Section 5 (I) and (j) the Act provides that ZAWA can issue licences, permits as well as concessions for photographic tour operations.

Following these functions of the Authority, it is therefore important that procedures of how these licences and concessions are awarded are documented.

Under the National Parks and Wildlife Services (NPWS) era, there was no documented system of awarding concessions in National Parks. Understandably so, there were different pieces of Legislation in place at the time. Therefore, it was not unusual to find in certain cases awards of photographic concessions being awarded without following the procedures as described below.

2.0 GUIDELINES FOR ALLOCATING SITES IN NATIONAL PARKS AND WILDLIFE/BIRD SANCTUARIES

2.1 Sites in Approved General Management Plans

2.1.1 Sites in General Management Plans are advertised in the print media. Interested bidders buy tender documents from the Cashier’s/ Licensing Office.

2.1.2 Once the bids have been received by ZAWA, an Evaluation Team is constituted by the Director General to evaluate the bids in line with the evaluation criteria set in the tender document.

2.1.3 The results of the tender evaluation process are then presented to the Technical and Operations Committee (TOC) of the Board for recommendations to the Board.

2.1.4 Once the Board has approved the recommendations of the TOC, the successful bidders are formally informed.

2.1.5 The successful bidders are awarded the concession, and sign a Standard Tourism Concession Agreement. This is a commercial agreement that regulates the conduct of photographic operators. Additionally, it confers the rights and outlines the obligations of the concessionaire and the grantor (ZAWA).

2.1.6 ZAWA facilitates the issuance of other necessary permits and licenses to enable the new licensee/investor to operate.

2.1.7 An Environmental Impact Assessment (EIA) is prepared and approved by ECZ before the operator would proceed with development of operations.

2.2 Sites arising from old signed Tourism Concession Agreemen

2.2.1 Some TCAs have provisions that confer on the concessionaire the right to construct and operate bush camps or fly camps along side the main lodge/ camp. In such cases, if the lodge operator wished to exercise the right to construct these facilities during the life of the concession, he/she would apply to ZAWA to identify the appropriate sites for such operations. Once the sites have been identified the Area Warden for the area would recommend such sites to Management for possible allocation of the sites.

2.2.2 Before the identified sites are allocated, the Protected Area Planning Department have to verify the proposed sites for their suitability by:-

a) Assessing the relief and topography of the proposed sites and their surrounding environment;

b) Surveying the physical features and infrastructure of the proposed sites and their surrounding environment; and

c) Determining the distances on either side of the proposed sites to the nearest tourist facilities so that the distances are within acceptable distances between tourist facilities.

2.2.3 Negotiations are held with the investor to arrive at the appropriate lease fees, using the standard rate per tourist bed per night according to the classification of a national park and the intended length of the operating season.

2.2.4 The Technical Operations Committee (TOC) of the Board approves the concessions for allocation of the additional sites.

2.2.5 An Environmental Impact Assessment (EIA) is prepared and approved by ECZ before the operator would proceed with development of operations.

2.3 Sites Resulting from Poor Response To Tender Invitation

2.3.1 In certain instances, when an advert is placed in the local newspapers or other media, inviting interested people or institutions to apply for particular sites, the response tends to be poor mainly due to the fact that certain national parks have relatively under developed infrastructure and accessibility. When this occurs for any specific applications/proposal for a site that was put out to tender and had no bidders considered for evaluation.

2.3.2 The evaluation checks for financial capacity, technical abilities and business plan for the proposal.

2.3.3 Once the evaluation of the application or proposal has been carried out, a summary report will be compiled and presented to the TOC for their consideration and recommendation to the Board.

2.3.4 Where approval is granted by the Board, the applicant is awarded and signs a standard TCA.

2.4 Sites identified in National Parks without General Management Plans

2.4.1 In certain instances, the private sector may apply for a site to invest in National Parks that have no ratified approved General Management Plans.

2.4.2 In such cases the applicant is requested to submit and present a proposal or Business plan for a particular site of interest.

2.4.3 The Office of the Area Warden or Park Ranger/Commercial Officer would conduct an assessment and independently submit a record of the

findings on the proposed sites.

2.4.4 Same as under 2.2.2 for the Planning Department to have input.

2.4.5 If the submitted record is favourable and recommends that the development took place, a recommendation is presented to the TOC for consideration of their adoption of such a project and recommendation to the Board. The decision of the Board is communicated to the applicants.

2.4.6 If the proposed development is approved by the Board, the applicant is awarded the concession and a standard TCA is signed.

2.4.7 An Environmental Impact Assessment (EIA) is prepared and approved by ECZ before the operator would proceed with development of operations.

2.5 Sites arising from Terminated TCAs

2.5.1 In the event that an existing concessionaire has been in breach of a signed TCA, the Director General may decide to effect the termination of the TCA in accordance with the provisions therein. In such an event the affected camp/lodge will be advertised for possible allocation to another investor through an open tender.

2.5.2 The eventual allocation of such sites would follow the process as described in 2.1 above.

2.6 Sites available by way of Transfer or Sale of Concessions

2.6.1 The standard TCA that ZAWA administers has a provision for transfer of concession rights or sell of the concession subject to approval by the Director General. Before authorisation is granted, the Director General has to verify that the new investors are capable of operating the concession.

2.6.2 In the event that the approval is granted for the transfer of the concession, the existing concession would be transferred to the new investors for the remaining concession period under the same terms and conditions as in the subsisting TCA.

2.7 Authorisation of other Tourism Activities

2.7.1 Occasionally, ZAWA receives applications from existing photographic operators to conduct tourism activities such as mobile safaris, safari walks, canoeing, fishing, construction of viewing platforms, night drives, bush dinners, commercial filming, etc, to enhance their products.

2.7.2 Yearly authorisations for such activities are given depending on availability of such products.

3 GUIDELINES FOR ALLOCATING SITES IN GAME MANAGEMENT AREAS (GMA)

3.1 Verification of Land Ownership

Although the Lands Act provides that the Director General must give consent for the issuance of title deeds in GMAs, the land tenure in this PA system is vested in the traditional leadership. Therefore, before ZAWA can approve any photographic operation there must be verification of land ownership in relation to the proposed development.

3.2 Verification of Proposed Project

3.2.1 Feasibility study of the suitability of the proposed project is conducted for the proposed area so as to avoid conflict of land-uses, bearing in mind the human habitation, active animal corridors, agriculture and hunting activities that are conducted in the GMAs.

3.2.2 Once the above verifications are conducted and are favourably considered, ZAWA shall then recommend to the Board and to ZNTB and allow the proposed project to proceed.

3.2.3 In cases where no title deed is issued to the investor, ZAWA facilitates a tripartite Tourism Concession Agreement to regulate the proposed tourism activity. The agreement is signed between the investor on one hand and ZAWA and the local community on the other hand.

4.0 Environmental Impact Assessment Requirements

The Environmental Protection and Pollution Control Act requires that any development in protected areas should be subjected to an Environmental Impact Assessment before implementation of the project.

Once a Tourism Concession Agreement has been signed and authority granted, the investors, in the National Parks, Wildlife/bird Sanctuaries and GMAs are advised to conduct an E P B or E I A before any construction work can start on the site. The nature and scale of the environmental study will depend on the level of development proposed.

5.0 Tourism Enterprise License

This is the license that allows an investor to implement the approved project and operate the approved tourism business. ZNTB currently issues the license.

For further details contact:

Zambia Wildlife Authority

Private Bag 1

Chilanga

ZAMBIA.

Tel: +260 1 278366/278129/278524

Fax: +260 1 278366/278299

Email: info@zawa.org.zm

Website: www.zawa.org.zm

Information Department - ZAWA.