Supplement to
the Republic of Zambia
Government
Gazette dated 24 April 1998
THE ZAMBIA
WILDLIFE ACT,
1998
GPS
ZAMBIA WILDLIFE
ACT, 1998
2
Supplement to
the Republic of Zambia Government Gazette dated 24 April 1998
THE ZAMBIA
WILDLIFE ACT, 1998
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Ownership of wild animals
PART II
THE ZAMBIA WILDLIFE AUTHORITY
4. Establishment of Authority
5. Functions of Authority
PART III
COMMUNITY RESOURCES BOARDS
6. Community resources board
7. Functions of community
resources board
8. Secretariat of community
resources board
9. Financial provisions
PART IV
NATIONAL PARKS
10. Declaration of National Parks
11. Effect of orders and
acquisition of lands
12. Continuation of existing
National Park
13. Grant of mining and other
rights in National Park
14. Traffic on public roads in
National Park
15. Restrictions on entry into or
residence in National Park
16. Prohibition of hunting, etc,
in National Park
17. Prohibition of weapons, etc,
in National Park
18. Prohibition of introduction
of wild animals into National Park
19. Prohibition of domestic
animals in National Park
20. Prohibition of introduction
of vegetation into National Park
ZAMBIA WILDLIFE
ACT, 1998
3
Section
21. Prohibition or removal of
wild animals or vegetation from National Park.
22. Prohibition of damage or
removal of object of geological, historical etc from National
Park
23. Prohibition of killing,
injuring or capturing of wild animals or birds within National
Park
24. Restriction on exercise of
mining rights within National Park
25. Regulations in relation to
National Parks
PART V
GAME MANAGEMENT AREA
26. Declaration of Game
Management Areas
27. Continuation of existing Game
Management Areas
28. Settlement in Game Management
Areas
29. Restriction on hunting wild
animals in Game Management Areas
PART VI
GAME ANIMALS AND PROTECTED
ANIMALS
30. Game and protected animals
31. Restriction on hunting game
or protected animals
32. Wildlife impact assessments
PART VII
LICENCES
33. Licences
34. Power of Minister to regulate
35. Licences not transferable
36. Non-resident hunting licence
37. Resident hunting licence
38. Bird licence
39. Prohibition of holding more
than one non-resident hunting licence, resident hunting
licence and bird licence
40. Special licence
41. Power of Authority to
authorise licensee under special licence to employ others to hunt
42. Special licensee or resident
hunting licensee jointly liable for offences of employee
43. Issue of professional
hunter’s licence
ZAMBIA WILDLIFE
ACT, 1998
4
Section
44. Professional hunter’s licence
45. Prohibition of carrying on
business of professional hunter without licence
46. Issue of apprentice
professional hunter’s licence
47. Apprentice professional
hunter’s licence
48. Prohibition of certain acts
without apprentice professional hunter’s licence
49. Professional guide’s licence
50. Apprentice professional
guide’s licence
51. Prohibition of carrying on
business of professional guide or apprentice professional
guide without licence
52. Photographic tour operator’s
licence
53. Hunting outfitters licence
54. Restricted professional
hunter’s licence
55. Commercial photographic
licence
56. Refusal to issue licence
57. Appeal against issue of
licence
58. Revocation of licences
59. Appeal against revocation
60. Suspension, cancellation or
loss of licences
PART VIII
HUNTING OF WILD ANIMALS
61. Duties of licensees and
permit holders
62. Duties of licensee under
professional hunter’s licence
63. Duties of licensee under
apprentice professional hunter’s licence
64. Counting of hunted game
animals or protected animals
65. Limitations upon persons
assisting in hunting game or protected animals
66. Prohibition of employment of
another person to hunt
67. Restrictions on hunting in
open areas
68. Prohibition of hunting young
game animals and of females with young
69. Restrictions on use of motor
vehicles, aircraft or boats while hunting
70. Restrictions on use of dogs
while hunting
71. Prohibition of use of fire in
hunting
72. Prohibition of use of poison,
bird-lime or poisoned weapons in hunting
73. Prohibition of possession,
acquisition or use of traps, etc, for hunting
ZAMBIA WILDLIFE
ACT, 1998
5
Section
74. Power of Minister to prohibit
or control use of specified weapons or methods of
hunting
75. Prohibition of driving
certain game animal or protected animal into water
76. Prohibition of hunting during
hours of darkness
77. Game drives
PART IX
KILLING, WOUNDING OR MOLESTING
WILD ANIMALS
78. Self-defence
79. Defence of property
80. Game or protected animals
killed through accident or error
81. Wounding of game animal or
protected animal
82. Wounding of dangerous animals
83. Cruelty to wild animals
84. Possession of maimed wild
animals
85. Molesting or provoking game
animal or protected animal
PART X
TROPHIES
86. Prohibited dealings in
trophies
87. Trophy dealer’s permit
88. Trophy dealers to keep
records and make returns
89. Prescribed trophies
90. Certificate of ownership of
trophies
91. Possession of prescribed
trophies
92. Transfer of ownership of
prescribed trophies
93. Duty to produce ivory or horn
of killed elephant or rhinoceros
94. Duty to produce imported
ivory or rhinoceros horn
95. Registration of ivory and
rhinoceros horn
96. Transfer of ivory or
rhinoceros horn before registration prohibited
97. Transfer of ownership of
ivory or rhinoceros horn
98. Government trophies
99. Possession of Government
trophy to be reported
100. Unlawful possession of, or
dealing in, Government trophies
ZAMBIA WILDLIFE
ACT, 1998
6
PART XI
SALE AND TRANSFER OF WILDLIFE
ANIMALS AND OF MEAT OF WILDLIFE ANIMALS
Section
101. Prohibited dealings in live
wild animals
102. Certificate of ownership of
game animal or protected animal or of meat thereof
103. Power of Minister to
regulate trade or movement of meat of game or protected animals
104. Sale of game animal or
protected animal or of meat thereof
PART XII
IMPORT AND EXPORT OF WILD
ANIMALS, MEAT AND TROPHIES
105. Importation of wild animals,
etc, without permit prohibited
106. Permits to import wild
animals, meat or trophies
107. Restriction on import of
wild animals, meat or trophies
108. Certificates of ownership of
imported prescribe3d trophies
109. Export of wild animals, etc,
without permit prohibited
110. Permits to export wild
animals, meat or trophies
111. Restriction on export of
wild animals, meat or trophy
112. Wild animals, meat and
trophies in transit
113. Implementation of
international treaties
PART XIII
ENFORCEMENT PROVISIONS
114. Right to enter land
115. Right to search
116. Power to arrest
117. General powers and duties of
wildlife police officers
118. Immunity of proper officer,
village scout and honorary wildlife police officers
119. Power to take photographs,
measurements, finger prints, etc
120. Traffic barriers and cordons
121. Power to use firearms
122. Documents to be produced on
request
123. Compliance with Firearms Act
124. Prosecutions by officers of
Authority
PART XIV
OFFENCES, PENALTIES AND
FORFEITURES
125. Prohibition of bush or grass
fires in National Parks, Game Management Areas and
Sanctuaries
ZAMBIA WILDLIFE
ACT, 1998
7
Section
126. Prohibitions
127. Failure to keep registers or
to furnish returns, an offence
128. Prohibition of alteration,
defacement or removal of official records
129. Prohibition of alteration or
defacement of prescribed documents or records
130. Secrecy
131. General penalty
132. Payment of fine without
appearing in court
133. Penalty for offence
involving elephant and rhinoceros
134. Penalty for unlawful hunting
in National Parks
135. Penalty for possessing, buying
or selling met or wild animal or trophy
136. Penalty for possessing,
buying or selling any protected animal or trophy of protected
animal or trophy of protected
animal or prescribed trophy
137. Penalty for unlawful hunting
or wounding, etc
138. Destruction of game pits,
etc, on conviction
139. Forfeiture provisions on
conviction
140. Disposal of animals and
goods seized
141. Surrender of licence, permit
or authority to Director-General on conviction
142. Portion of fine for offence
payable to board
PART XV
FORMS AND REGULATIONS
143. Prescribed forms
144. Regulations
145. Repeal of National Parks and
Wildlife Act, International Game Park and Wildlife Act
and Plumage Birds Protection Act
SCHEDULE
PART I
ADMINISTRATION OF AUTHORITY
1. Composition of Authority
2. Seal of Authority
3. Tenure of office of member and
vacancies
4. Proceedings of Authority
5. Committees of Authority
6. Remuneration and allowances of
members
7. Disclosure of interest
ZAMBIA WILDLIFE
ACT, 1998
8
Section
8. Director-General of Authority
9. Secretary and other staff
10. Wildlife police officers
11. Honorary wildlife police
officer
12. Attestation
13. Signing of attestation
14. Release on completion of
service
15. Arms, uniforms, etc, to be
delivered on ceasing to be staff of Authority
16. Discipline
17. Prohibition of publication
of, or disclosure of information to unauthorised persons
18. Vesting of assets of
Department of National Parks and Wildlife Service
19. Registration of property to
be transferred by Government
20. Transfer of employees
21. Legal proceedings
PART II
FINANCIAL PROVISIONS
22. Funds of Authority
23. Financial year
24. Accounts
25. Annual report
ZAMBIA WILDLIFE
ACT, 1998
9
GOVERNMENT OF
ZAMBIA
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
oppo9rtunities 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
ZAMBIA WILDLIFE
ACT, 1998
10
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 thirtyeight;
Enactment
Short title and
commencement
Interpretation
Cap. 444
ZAMBIA WILDLIFE
ACT, 1998
11
“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;
Cap. 281
Cap. 204
ZAMBIA WILDLIFE
ACT, 1998
12
“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;
ZAMBIA WILDLIFE
ACT, 1998
13
“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;
Cap. 464
Cap. 201
ZAMBIA WILDLIFE
ACT, 1998
14
“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.
Ownership of
wild animals
ZAMBIA WILDLIFE
ACT, 1998
15
(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,
Establishment of
Authority
Functions of
Authority
ZAMBIA WILDLIFE
ACT, 1998
16
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
ZAMBIA WILDLIFE
ACT, 1998
17
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
Community resources
boards
ZAMBIA WILDLIFE
ACT, 1998
18
(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:
(a) negotiate, in conjunction
with the Authority, comanagement
agreements with hunting
outfitters and
photographic tour operators;
(b) manage the wildlife under its
jurisdiction, within
quotas specified by the
Authority;
(c) appoint village scouts to
exercise and perform the
duties of a wildlife police
officer under the supervision
Functions of community
resources board
ZAMBIA WILDLIFE
ACT, 1998
19
of a wildlife police officer in
the area falling under the
board’s jurisdiction;
(d) in consultation with the
Authority, develop and
implement management plans which
reconcile the
various uses of land in areas
falling under the board’s
jurisdiction;
(e) perform such other functions
as the Authority or
Director-General may direct or
delegate to it.
(3) The preparation and
implementation of management
plans in Game Management Areas
and open areas shall be in
accordance with such regulations
as the Minister may, in consultation
with the Authority, prescribe.
8. (1) There shall
be a secretariat for each board which shall
consist of such properly qualified
officers as the board may appoint, on
such terms and conditions, as it
may determine.
(2) The Authority may, in
consultation with a board,
second officers to the board.
9. (1) A board
shall establish a fund to enhance the economic
and social well-being of the
local community within the area described
in section six.
(2) In addition to the revenues
referred to in paragraph (o)
of subsection (1) of section five,
there shall be paid into the fund of a
board such moneys as the board
may:
(a) with the approval of the
Authority, accept by way of
grants and donations from any
source within Zambia;
and
(b) with the approval of the
Minister, accept by way of
grants and donations from any
source outside Zambia.
(3) A board shall cause to be
kept proper books of account and
other records relating to its
accounts.
(4) The accounts referred to in
sub-section (3) shall be open for
inspection by the Authority, the
Director-General or any other member
of that local community.
(5) A board shall, not later than
ninety days after the end of the
financial year, submit to the
Authority, through the Director-General:
(a) an audited balance sheet;
(b) an audited statement of
income and expenditure; and
Secretariat of
community resources
board
Financial
provisions
ZAMBIA WILDLIFE
ACT, 1998
20
(c) a report concerning its
activities during that financial
year.
(6) Any person who misuses any
money belonging to a board
shall:
(a) be liable to a surcharge; and
(b) be guilty of an offence and
be liable, upon conviction,
to a fine not exceeding fifty
thousand penalty units or
to a term of imprisonment not
exceeding twelve
months or to both.
(7) A board shall submit half
yearly reports to the Director-
General.
(8) The accounts of a board shall
be audited annually by
independent auditors appointed by
the board with the approval of the
Authority.
PART IV
NATIONAL PARKS
10. Whenever the
President is of the opinion that the conservation
or protection and enhancement of
wildlife, eco-systems, biodiversity
and natural beauty so demands,
the President may, after consultation
with the Authority and the local
community in the area, by statutory
order, declare any area of land
within the Republic to be a National
Park for the purposes of this Act
and may, in like manner define, alter
or extend the limits of any
National Park.
11. (1) Where any
person has any right in or over any land
which is included in any area
subject to an order made under section
ten, 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, the term “right in or
over any land” shall be construed
as including any right of way
easement, franchise, profit,
claim, privilege, exemption or immunity
of any person in, over or under
such land, but shall not include any
mining rights, or any communal
fishing right enjoyed under
customary law by any person or
body of persons.
12. Notwithstanding
the provisions of this Act, A National Park
established under the repealed Act
shall continue to exist as if
established under this Act.
Declaration of
National Parks
Effect of orders and
acquisition of lands
Cap. 189
Continuation of
existing National Park
ZAMBIA WILDLIFE
ACT, 1998
21
13. (1) Nothing in
this Act shall be construed as preventing or
restricting the granting in
respect of any land within a National Park:
(a) of any mining right, or other
right, title, interest or
authority necessary or convenient
for the enjoyment of
a mining right;
Provided that a mining right
shall not be granted in a
National Park or adjoining Game
Management Area
without an environmental impact
assessment conducted
in accordance with procedures
specified by the
Environmental Council under the
Environmental
Protection and Pollution Control
Act and which
procedures shall take into
account the need to conserve
and protect:
(i) the air, water, soil, flora,
fauna, fish, fisheries
and scenic attractions in or on
the land over
which the right is sought; and
(ii) the features of cultural,
architectural,
archaeological, historical or
geological interest
in or on the land over which the
right is sought;
or
(b) for any purpose not
inconsistent with this Act, of any
right, title, interest or
authority under any written law.
(2) The exercise of any mining
right in respect of any land
comprised in a National park,
shall be subject to section twenty-four.
(3) The exercise of any right,
title, interest or authority
granted under paragraph (b) of
subsection (1) shall be subject to any
conditions with the Authority may
impose.
14. (1) The Minister
may, on recommendation of the Authority
and after consultation with the
Minister responsible for transport, by
statutory instrument, provide
for:
(a) the control and regulation of
traffic on or over public
roads within any National Park,
and such regulations
may specify the speed limits to
be observed over
specified part of such public
roads;
(b) the points on public roads at
which persons or vehicles
may enter or leave any National
Park and the routes
along such public roads which
they may follow in
passing through or over the
National Park.
(2) Any regulations made under
subsection (1) may
prescribe penalties for any
contravention of such regulations, of a fine
not exceeding one thousand
penalty units or imprisonment for a term
not exceeding six months, or to
both.
Grant of mining and
other rights in National
Park
Cap. 204
Traffic on public
roads in National Park
ZAMBIA WILDLIFE
ACT, 1998
22
(3) The Director-General may,
with the approval of the
Authority and after consultation
with the relevant highway authority,
cause traffic signs or signals to
be placed and maintained on or near
any public road within any
National Park, and the instructions
conveyed by any such traffic sign
shall, in relation to any public road
within any National Park, prevail
over any contrary instructions
appearing on any other traffic
sign or signal.
(4) Subsections (8), (9) and (10)
of section twenty-five of
the Roads and Road Traffic Act
shall apply, with the necessary
modifications, in respect of any
traffic sign or signal placed on or near
any public road under subsection
(3).
(5) The Director-General or any
wildlife police officer or
honorary wildlife police officer
may, whenever they think it necessary
so to do, cause any person or any
vehicle using any public road within
or leading to, or from, any
National Park to stop for search,
examination or questioning for
the purposes of the enforcement of this
Act; and may for such purposes
erect and control barriers or check
points on any such public road.
(6) Any person who fails to
comply with any order or
direction to stop, or who fails
to stop at any barrier or check point
erected in terms of subsection
(5), shall be guilty of an offence.
15. (1) Any person
who, except in accordance with This Act,
enters into or resides in, or
purports to enter into, or reside in, a
National Park shall be guilty of
an offence.
(2) This section shall not apply
to:
(a) any member of the Authority
in connection with the
duties of that member under this
Act;
(b) any proper officer or public
officer on specified duties
requiring the presence of that
officer in a National
Park;
(c) any honorary wildlife police
officer who is entitled to
be present in a National Park
under the terms of the
instrument appointing the
officer;
(d) any person travelling through
a National Park along a
public road within the confines
of the road reserve;
(e) any person in possession of a
permit and the
dependants of that person, to so
enter or reside, issued
by the Director-General or by any
other officer duly
authorised in writing by the
Director-General to issue
such a permit;
Cap. 464
Restrictions on entry
into or residence in
National Park
ZAMBIA WILDLIFE
ACT, 1998
23
(f) any person who enters a
National park under section
twenty-four;
(g) the servants of persons in
paragraphs (e) and f) above,
inclusive;
(h) any person admitted under any
regulation made under
section twenty-five; and
(i) any person who enters a
National Park as part of his
official duties for a board
registered under section six:
Provided that the persons in
paragraphs (f) to (h), inclusive, shall be
subject to any relevant
regulations made under section twenty-five and
to any regulation providing for
the payment of any charge or fee for
permission to enter or reside in
a National Park or for the admission of
a motor car of other vehicle into
a National Park.
16. (1) Any person
who, without a permit so to do issued
under subsection (2) or (3),
hunts, or disturbs any wild animal or fish,
or who disturbs any birds’ nests
in a National Park or who removes
any wild animal, fish, bird’s
nest, stone, vegetation or other object
whether animate or inanimate from
a National Park shall be guilty of
an offence.
(2) The Director-General , or any
wildlife police officer
duly authorised in writing by the
Director-General, may issue a permit
to any person to fish in a
National park and shall impose such
conditions upon the use of the
permit as the Authority may consider
expedient or necessary.
(3) If the Authority is satisfied
that any wild animal within
a National park should be hunted
for the better preservation of other
animal life, or for other good
and sufficient reason, it may direct the
Director-General to issue a
permit to any person authorising that
person, under the direction of
the Director-General, to hunt the animal
within the National park.
(4) Any permit issued under
subsection (3) shall specify
the species and number of wild
animals which may be hunted under
the permit.
(5) The Director-General may with
the approval of the
Authority, at any time, revoke or
cancel any permit issued under
subsection (2) or (3).
17. (1) Any person
who, without a permit so to do issued
under subsection (2), or who, in
breach of any express condition of
any permit, or in breach of any
regulation made under this Act,
conveys into any National park,
or being within the confines of a
National Park is in possession
of, carries or uses for any purpose, any
Prohibition of hunting,
etc. in National Park
ZAMBIA WILDLIFE
ACT, 1998
24
firearm, spear, bow, arrow or
other weapon, explosive, snare, net trap
or poison shall be guilty of an
offence.
Provided that, subject to any
regulations in that regard made under this
Act, any person while travelling
through any National park on a public
road may convey into and through
the National Park in the course of
such journey any firearm, spear,
bow, arrow, or other weapon or any
explosive, snare, net trap or
poison, as the case may be.
(2) The Director-General, or any
wildlife police officer
duly authorised in writing by the
Director-General, may, subject to
such conditions as the
Director-General considers fit, issue a permit to
any person to convey into any
National park, or, within the confines of
any National Park, to possess,
carry or use, for any purpose expressly
stated in such permit, any
firearm, spear, bow, arrow or other weapon
or any explosive, snare net, trap
or poison, as the case may be, and that
permit shall be valid for the
period expressed in it.
(3) This section shall not apply
to any wildlife police
officer, honorary wildlife police
officer, village scout or other police
officer acting in the performance
of duties under this Act or any other
written law.
18. (1) Any person
who, without the consent of the Director-
General or without just cause or
excuse, drives, conveys or introduces
any wild animal into a National
Park or drives or conveys any wild
animals out of a National Park,
shall be guilty of an offence.
(2) If any wildlife police
officer, village scout or honorary
wildlife police officer finds
within the confines of any National Park
any wild animal which was driven,
conveyed or introduced into the
National Park in contravention of
subsection (1), the officer or village
scout may destroy the animal.
19. (1) Any person,
being the owner of any domestic animal or
the person in charge or control
of it, who, without the consent of the
Director-General or without just
cause or excuse:
(a) drives, conveys or introduces
the domestic animal into
any National Park or causes or
permits that animal to
be so driven, conveyed or
introduced into any National
Park;
(b) permits or suffers the
domestic animal to stray into or
within the confines of any
National Park; or
(c) permits or suffers the
domestic animal to worry, harass
or otherwise interfere with any
wild animal within the
confines of any National Park;
shall be guilty of an offence.
Prohibition of
introduction of wild
animals into National
Park
Prohibition of domestic
animals in National Park
ZAMBIA WILDLIFE
ACT, 1998
25
(2) Upon the conviction of any
person for an offence under
this section, the court may, at
the request of the prosecution and in
addition to any other penalty
impose, declare the domestic animal to
be forfeited or order it to be
destroyed without compensation; or may
both declare it to be so
forfeited and order it to be so destroyed
without compensation.
(3) Notwithstanding subsection
(2), any wildlife police
officer, honorary wildlife police
officer or village scout who discovers
any dog worrying, harassing or
otherwise interfering with any wild
animal within the confines of any
National Park may destroy the dog,
and the owner of it shall not be
entitled to any compensation whether
convicted or not of an offence
under this section.
20. (1) Any person
who, without the consent of the Director-
General, brings any vegetation or
causes any vegetation to be brought
into any National Park shall be
guilty of an offence.
(2) If any wildlife police
officer, honorary wildlife police
officer or village scout finds
within the confines of any National Park
any vegetation which was brought
into the National Park in
contravention of subsection (1),
the officer may destroy the
vegetation, or order it to be so
destroyed.
21. Except as is
otherwise provided by this Act, any person who,
without the consent of the
Director-General, removes any wild animal
whether alive or dead or any
trophy or any vegetation, from any
National Park, or causes or
permits the same to be so removed, shall
be guilty of an offence.
22. Except as is
otherwise provided by this Act, any person who,
without the consent of the
Director-General, removes from, or
damages within, any National Park
any object of geological,
prehistoric, archaeological,
historical or scientific interest, or who
causes or permits any such object
to be so damaged or removed, shall
be guilty of an offence.
23. Except as is
otherwise provided by this Act, any person who,
without just cause or excuse, is
in possession of, mills, injures,
captures or disturbs, any wild
animal or removes or destroys any egg
or any nest or habitat of any
bird or reptile or fish within the confines
of any National Park, shall be
guilty of an offence.
24. (1) Any person
who holds any mining rights in, over,
under or in respect of any land
comprised in a National Park, may
enter and exercise the same
within the National Park upon his giving
prior written notice to the
Director-General of his intention to so enter
Prohibition of introduction
of vegetation into National
Park
Prohibition of removal of
wild animals or vegetation
from National Park
Prohibition of damage or
removal of object of
geological, historical, etc.
from National Park
Prohibition of killing,
injuring or capturing of
wild animals or birds
within National Park
Restriction on exercise
of mining rights within
National Park
ZAMBIA WILDLIFE
ACT, 1998
26
the National Park and to so
exercise his right in it and upon
compliance with any conditions
which the Authority may impose:
Provided that the Authority shall
not impose any condition
inconsistent with the nature of
any mining right held by the person.
(2) Without prejudice to the
generality of the powers to
impose conditions under this
section, the Authority may impose
conditions as to the exercise of
any mining rights in accordance with
the measures specified under an
environmental impact assessment
approved by the Environmental
Council including the number of
persons to be employed within a
National Park and the conditions to
be observed by such persons.
(3) Any person to whom subsection
(1) applies, who
entrees any National Park without
first giving notice to the Director-
General or who fails to comply
with any condition imposed by the
Authority under subsection (1),
and any person who fails to comply
with any condition required under
subsection (2) to be observed by
that person, shall be guilty of
an offence, and shall be liable, upon
conviction, to a fine not
exceeding twenty-eight thousand penalty
units or to imprisonment for a
term not exceeding six months, or to
both.
25. (1) The Minister
may, in consultation with the Authority,
by statutory instrument, make
regulations for:
(a) the conditions under which
any person, vehicle, boat,
aircraft or animal may enter
into, travel through, reside
or be kept, as the case may be,
within a National Park
or any part of the National Park.
(b) the conditions under which
any building, lodges, or
aerodromes may be constructed
within a National Park.
(c) the conditions under which a
person travelling through
or within a National park on a
public road may have in
that person’s possession or under
the control of that
person any firearm or other
weapon, ammunition,
explosive, game meat, trophy,
trap or poison;
(d) the conditions under which
any wild animal or species
of wild animal may be
photographed within any
National Park;
(e) the regulation or prohibition
of the lighting of fires
within any National Park.;
(f) the conditions under which
any domestic animal may
be brought into, or maintained
within a National Park,
or the prohibition thereof, and
may prescribe fees to be
Regulations in relation
to National Parks
ZAMBIA WILDLIFE
ACT, 1998
27
charged for the bringing of any
such domestic animal
into a National Park;
(g) the prohibition or control of
the bringing of any wild
animal into a National Park;
(h) the prohibition or control of
the introduction into, the
cutting or damaging within, or
the removal from, any
National Park of any vegetation
whether alive or dead;
(i) the prohibition or control of
destruction, damaging,
defacing or removal of anything,
whether animate or
inanimate, within or from a
National Park;
(j) the scales of charges for
entry into a National Park or
any part of it and fees for any
services and amenities
provided by the Authority for the
general public in a
National Park;
(k) the fees for fishing and the
conditions under which a
person may fish within a National
Park;
(l) the prohibition or control of
the low flying of aircraft
over a National Park;
(m) the rules of conduct and
behaviour of persons while
within a National Park;
(n) the regulation of traffic on
roads other than public
roads, within a National Park;
(o) the carriage of passengers
and goods within a National
Park, whether for hire or
otherwise;
(p) the points at which persons
or vehicles may enter or
leave and the routes by which
they may pass through or
over a National Park on roads
other than public roads;
(q) without prejudice to the
provisions of the Trades
Licensing Act, the Hotels Act,
the Tourism Act and the
Casino Act, the prohibition,
control or regulation of
any trade or business carried on
within any National
Park; and
(r) generally, for the efficient
control and management of
a National Park.
(2) In making regulations under
subsection (1), the
Minister on the advice of the
Authority, may deal differently within
different National Parks and
categories of businesses and premises.
(3) Any regulation made under
this section may prescribe
for any breach of the regulations
a fine not exceeding ten thousand
Cap. 393
Cap. 153
Cap. 155
Cap. 157
ZAMBIA WILDLIFE
ACT, 1998
28
penalty units or imprisonment for
a term not exceeding six months, or
to both.
PART V
GAME MANAGEMENT AREAS
26. (1) The
President may, after consultation with the
Authority and the local
community, by statutory order, declare any
area of the 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
any such area or order any such
area to cease to be a Game
Management Area:
Provided that if any land within
any declared or extended
Game Management Area is held
under a leasehold title that land shall
not, except with the written
consent of the occupier, be affected by the
declaration or extension and
shall be deemed to be excluded from it.
(2) Upon application made to the
Director-General in
writing by the occupier of any
land held under a leasehold title, the
Authority may recommend to the
President that such land be declared
to be, or be included within, a
Game Management Area under
subsection (1).
(3) Notwithstanding the provisions
of any other written
law, the terms and conditions of
granting leasehold title to any person
within a Game Management Area,
shall be subject to the approval of
the Authority.
27. Notwithstanding
the provisions of this Act, a Game
Management Area established under
the repealed Act shall continue to
exist as if established under
this Act.
28. Any person who
settles or lives in a Game Management Area
shall conform to provisions of a
management plan developed by an
appropriate board under paragraph
(2) of section seven.
29. Except as is
otherwise provided by this Act, any person who,
not being the holder of a licence
issued under paragraph (a), (b), (c)
and (h) of section thirty-three
relevant to such hunting, hunts any
game or protected animal in any
Game Management Area shall be
guilty of an offence and shall be
liable, upon conviction, to a fine not
exceeding twenty-five thousand
penalty units or to imprisonment for a
term not exceeding five years, or
to both.
Declaration of Game
Management Areas
Continuation of existing
Game Management Areas
Settlement in Game
Management Areas
Restriction on hunting
wild animals in Game
Management Areas
ZAMBIA WILDLIFE
ACT, 1998
29
PART VI
GAME ANIMALS AND PROTECTED
ANIMALS
30. (1) For the
purposes of this Act, the Minister shall, in
consultation with the Authority,
and on the advice of any board, by
statutory order, specify,
including by scientific name, any wild animal
as a game animal or protected
animal and in like manner specify any
game animal as a protected
animal.
(2) A game animal shall be
specified as a protected animal
under this section:
(a) to preserve a viable
population of the species when it
becomes rare, threatened or
endangered;
(b) for its role in the
maintenance and assessment of the
health of an eco-system; or
(c) for its economic significance
in a local or national
economy.
(3) Where the Minister specifies
any wild animal as a protected
animal under an order made under
subsection (1), the order may:
(a) prohibit or regulate the
hunting of any protected animal
either generally or during a
specified period and
whether throughout the Republic
or in a specified area
of the Republic; or
(b) apply to all wild animals
within the area specified or to
any wild animal or species, class
or variety of a class of
wild animal specified in the
order and may make
different provisions for
different sexes of the specified
wild animal.
(4) Except as otherwise provided
by this Act, any person who
hunts or is found in
circumstances showing that it is his intention to
hunt any protected animal shall
be guilty of an offence.
31. Except as is
otherwise provided by this Act, any person who
hunts any game animal or
protected animal, except under or in
accordance with the conditions of
a valid licence issued under Part
VII, shall be guilty of an
offence.
32. (1) Any person
who has reasonable grounds to believe that
any proposed or existing
government plans or activity of the
Government or any other
organisation or person may have an adverse
effect on any wildlife species or
community in a National Park, Game
management Area or open area,
such person may request the
Authority through the
Director-General that a wildlife impact
assessment be conducted.
Game and protected
animals
Restriction on hunting
game or protected
animals
Wildlife impact
assessments
ZAMBIA WILDLIFE
ACT, 1998
30
(2) Whenever the Authority
receives such a request, it may
within thirty days of receipt
thereof require the Government,
organisation or person to conduct
the assessment in accordance with
the procedures specified by the
Environmental Council under the
Environmental Protection and
Pollution Control Act taking to account:
(a) existing or anticipated
impacts upon wildlife, including
an account of the species,
communities and habitats
affected and the extent to which
they are or may be
threatened; and
(b) any endangered or endemic
species which are or may
be affected.
PART VII
LICENCES
33. The following
classes of licences may be issued under this
Part:
(a) non-resident hunting licence;
(b) resident hunting licence;
(c) bird licence;
(d) professional hunter’s
licence;
(e) apprentice professional
hunter’s licence;
(f) professional guide’s licence;
(g) apprentice professional
guide’s licence;
(h) special licence;
(i) photographic tour operator’s
licence;
(j) hunting outfitter’s licence;
(k) restricted professional
hunter’s licence; and
(l) commercial photographic
licence.
34. (1) The Minister
may, in consultation with the Authority,
by statutory instrument,
prescribe:
(a) the form of, and the terms
and conditions attaching to,
each class of licence;
(b) the species, or variety of
species or the sex of game
animal or protected animal which
may be hunted under
each class of licence, and in
such regulations may make
provision for the method of
hunting to be employed by
virtue of each licence, the
number of game animals or
protected animals of each
prescribed species, variety or
sex which may be so hunted, the
area or areas in which
Cap. 204
Licences
Power of Minister to
regulate
ZAMBIA WILDLIFE
ACT, 1998
31
each such licence shall be valid,
the time or times of
the year during which any
specified species, variety or
sex of game animal or protected
animal may be hunted
pursuant to the licence and the
validity of each licence;
and
(c) the appropriate fee payable
in respect of each class of
licence issued under this Part.
(2) The Minister may, on the
advice of the Authority,
make different provisions for
different areas and for different species,
varieties and sexes of game
animals or protected animals.
(3) For the purpose of this
section, the term “prescribed
qualifying conditions” means such
conditions as the Minister may, on
the advice of the Authority,
prescribe under paragraph (a) of
subsection (1).
35. (1) Except as is
otherwise provided by this Act, any
licence issued under this Part
shall be used solely by the licensee and
shall not be transferable to any
other person.
(2) Any person who transfers any
licence issued to him or
accepts the transfer of any
licence to him shall be guilty of an offence.
36. (1) Upon
application by any person to the Director-
General in the prescribed form
and upon payment of the appropriate
fee, the Director-General may
issue to such person a non-resident
hunting licence.
(2) Subject to the other
provisions of this Act and the terms
and conditions prescribed for a
non-resident hunting licence, such a
licence shall be issued to a
client of a licensed hunting outfitter’s and
shall authorise the licensee to
hunt such animal as is specified in the
licence and in the numbers stated
in the licence.
37. (1) Upon
application by any person to the Director-
General in the prescribed form
and upon payment of the appropriate
fee, the director-general may
issue to such person a resident hunting
licence.
(2) Subject to the other
provisions of this Act and to the
terms and conditions prescribed
for a resident hunting licence, such a
licence shall be issued to any
person who is not a client of a licensed
hunting outfitter and shall
authorise the licensee to hunt such animal
as is specified in the licence
and in the numbers stated in the licence.
(3) The Director-General may, by
way of endorsement on
any resident hunting licence
issued under this section, authorise the
Licences not
transferable
Non-resident
hunting licence
Resident hunting
licence
ZAMBIA WILDLIFE
ACT, 1998
32
holder of a resident hunting
licence to employ for reward or otherwise,
any other person to hunt or
assist in hunting, on behalf of a licensee,
any animal specified in the
licence:
Provided that the
Director-General’s endorsement under this
subsection shall not be
unreasonably withheld.
(4) It shall not be essential
that any person employed under
subsection (3) be the holder of a
licence under this Part.
38. (1) Upon
application to the Director-General in the
prescribed form and upon payment
of the appropriate fee, the
Director-General may issue to
such person a bird licence.
(2) Subject to the other
provisions of this Act and to the
terms and conditions prescribed
for a bird licence, such a licence shall
authorise the licensee to hunt
such birds as are prescribed in the
licence and in the numbers stated
in the licence.
39. Any person who
applies to the Director-General for, or who
obtains from the
Director-General, a non-resident hunting licence, a
resident hunting licence or a
bird licence while holding a subsisting
valid non-resident hunting
licence, resident hunting licence or a bird
licence, shall be guilty of an
offence.
40. (1)
Notwithstanding any other provision of this Act, the
Minister may, upon such terms and
conditions as the Minister may
impose, issue a special licence
to:
(a) any person or body of persons
or other such
institutions, authorising that
person or them, for
purposes of scientific research
or the collection of
specimens for zoological gardens,
museums or
education, to hunt in any stated
area or part of the
Republic such game animal or
protected animal as may
be specified in the licence;
(b) any person authorising the
person to hunt in any stated
National Park or Game Management
Area such game
animal or protected animal as may
be specified in the
licence;
(c) any owner of a licence
authorising the licensee to rear
any wild animal and for such
purposes to capture for
rearing or hunt in any stated
area or part of the republic
such game animal or protected
animal as may be
specified in the licence; or
Bird licence
Prohibition of holding
more than one nonresident
hunting licence,
resident hunting licence
and bird licence
Special licence
ZAMBIA WILDLIFE
ACT, 1998
33
(d) any chief or other person
approved by the Minister,
authorising the chief or that
person to hunt, in any
stated area or part of the
Republic, such game animal
or protected animal as may be
specified in the licence.
(2) Subject to the other
provisions of this Act and to the
terms and conditions as stated in
a special licence including the
payment of such fee as the
Minister may determine, such a licence
shall authorise the licensee to
hunt within specified areas or parts of
the Republic, game animals or
protected animals, in the number stated
in such licence and for such period
as the Minister may determine.
41. (1) The
Director-General may, by way of endorsement on
any special licence issued under
this part, authorise the holder of a
special licence to employ for
reward or otherwise, any other person to
hunt or to assist in hunting, on
behalf of the licensee, any game animal
or protected animal specified in
the special licence.
(2) It shall not be essential
that any person employed as
provided by subsection (1) by the
holder of a licence under this Part.
42. In the event of
any person, employed by a licensee under a
special licence or a resident
hunting licence, committing, during and
in the course of such employment,
any offence under this Act or
contravening any of the terms or
conditions of the licence, the licensee
under the special licence or
resident hunting licence shall be guilty of
the same offence as that of which
the employed person shall be guilty,
and the licensee may be joined as
defendant with the employed person
in any prosecution brought
against the employed person for that
offence.
43. (1) Upon
application to the Director-General in the
prescribed form by any person who
complies with the prescribed
qualifying conditions, and upon
payment of the appropriate fee, the
Director-General may issue to
such person a professional hunter’s
licence.
(2) the appropriate licence fee
for a professional hunter’s
licence shall be payable to the
Authority.
44. Subject to the
other provisions of this Act and to the terms and
conditions prescribed for a
professional hunter’s licence under this
Part, such a licence shall be in
the prescribed form and shall authorise
the licensee to carry on business
as a professional hunter and, while
accompanied by a bona fide client,
to hunt such animals as are
specified in the licences issued
to such bona fide client and in the
numbers so prescribed.
Power of Authority to
authorise licensee under
special licence to
employ others to hunt
Special licensee or
resident hunting
licensee jointly liable
for offences of
employee
Issue of
professional
hunter’s licence
Professional
hunter’s licence
ZAMBIA WILDLIFE
ACT, 1998
34
45. Any person, not
being the licensee under a valid and subsisting
professional hunter’s licence
who:
(a) carries on business as a
professional hunter;
(b) holds himself out to the general
public to be a
professional hunter;
(c) advertises himself publicly,
by any means, as a
professional hunter;
(d) solicits from any person any
contract or commission to
act in the capacity of a
professional hunter for such
person or for any other person;
or
(e) except as provided by
sections thirty-seven and fortyone,
for gain or reward assists any
other person in the
hunting of any game animal in a
capacity other than as
a tracker, gun-bearer or beater
as provided by section
sixty-five;
shall be guilty of an offence.
46. (1) Upon
application to the Director-General in the
prescribed form by any person who
complies with the prescribed
qualifying conditions and on
payment of the appropriate fee, the
Director-General may issue to
that person an apprentice professional
hunter’s licence.
(2) The appropriate fee for an
apprentice professional
hunter’s licence shall be payable
to the Authority.
47. Subject to the
other provisions of this Act and to the terms and
conditions prescribed for an
apprentice professional hunter’s licence
such a licence shall:
(a) be in the form prescribed and
shall authorise the
licensee under it to carry on
business as an apprentice
professional hunter under the
supervision and subject
to the instructions of a licensee
under a professional
hunter’s licence; and
(b) while accompanied by the
client in respect of whom he
is engaged, to hunt such animal
as may be specified in
the licence and in the numbers so
prescribed.
48. Any person who
is not a holder of a valid and subsisting
apprentice professional hunter’s
licence who:
Prohibition of carrying
on business of
professional hunter
without licence
Issue of apprentice
professional hunter’s
licence
Apprentice
professional hunter’s
licence
Prohibition of certain acts
without apprentice
professional hunter’s
licence
ZAMBIA WILDLIFE
ACT, 1998
35
(a) carries on business as an
apprentice professional
hunter;
(b) holds out to general public
that the person is an
apprentice professional hunter;
(c) advertises to the public by
any means that the person is
an apprentice professional
hunter;
(d) solicits from any person any
contract or commission to
act in the capacity of an
apprentice professional hunter
for the purpose or for any other
purpose; or
(e) except as provided by
sections thirty-seven and fortyone,
for gain or reward assists any
other person in the
hunting of any game animal in a
capacity other than as
a tracker or gun-bearer or beater
as prescribed by
section sixty-five;
shall be guilty of an offence.
49. (1) Upon
application to the Director-General in the
prescribed form by any person who
ordinarily resides in Zambia and
who complies with the prescribed
qualifying conditions, and upon
payment of the appropriate fee,
the Director-General may issue to that
person a professional guide’s licence.
(2) The appropriate fee for a
professional guide’s licence
shall be payable to the
Authority.
(3) Subject to the other
provisions of this Act and to the
terms and conditions prescribed
for the licence, a professional guide’s
licence, issued under this Part
shall be in the prescribed form and shall
authorise the licensee under it
to conduct for reward, a photographic
or viewing safari or to offer to
conduct for reward a photographic or
viewing safari.
50. (1) Upon
application to the Director-General in the
prescribed form by any person who
complies with qualifying
conditions, and upon payment of
the appropriate fee, the Director-
General may issue to that person
an apprentice professional guide’s
licence.
(2) The appropriate fee for an
apprentice professional
guide’s licence shall be payable
to the Authority.
(3) Subject to the other
provisions of this Act and to the
terms and conditions prescribed
for an apprentice professional guide’s
licence such a licence shall:
Professional
guide’s licence
Apprentice
professional guide’s
licence
ZAMBIA WILDLIFE
ACT, 1998
36
(a) be in the form prescribed and
shall authorise the
licensee under it to carry on
business as an apprentice
professional guide under the
supervision and subject to
the instructions of a licensee
under a professional
guide’s licence; and
(b) while accompanied by the
client in respect of whom he
is engaged, to conduct for
reward, subject to the terms
and conditions of the licence,
photographic or viewing
safari.
(4) An apprentice professional
guide’s licence shall not
authorise a licensee under it to
take any client out for game drives and
walks unless accompanied by the
licensee under the professional
safari guide’s licence.
51. (1) Any person
not being a licensee under a valid and
subsisting professional guide’s
licence or an apprentice professional
guide’s licence who:
(a) conducts for reward in a
national Park, bird sanctuary,
wildlife sanctuary, Game
Management Area or game
ranch any photographic or viewing
safari;
(b) offers to conduct for reward
any photographic or
viewing safari;
(c) advertises publicly by any
means that the person is a
professional guide or an
apprentice professional guide;
(d) solicits from any person any
contract or commission to
act in the capacity of a
professional guide or an
apprentice professional guide for
that person or for any
other person; or
(e) holds out to the general
public that the person is a
professional guide or an
apprentice professional guide;
shall be guilty of an offence.
(2) Any person who employs any other
person to carry out
the functions of a professional
guide or apprentice professional guide
without the person being a
licensee under a valid and subsisting
professional guide’s licence or
apprentice professional guide’s licence
shall be guilty of an offence.
52. (1) Upon
application to the Director-General in the
prescribed form by any person
holding a tourism enterprise licence
issued under the Tourism Act and
upon payment of the prescribed fee,
the Director-General may issue to
that person a photographic tour
operator’s licence.
Prohibition of carrying
on business of
professional guide or
apprentice professional
guide without licence
Photographic tour
operator’s licence
Cap. 155
ZAMBIA WILDLIFE
ACT, 1998
37
(2) Subject to the other
provisions of this Act and to the
terms and conditions prescribed
for the licence, a photographic tour
operator’s licence shall be in
the prescribed form and shall authorise
the licensee under it to carry on
business as a photographic tour
operator.
53. (1) Subject to
subsection (2), on application by any person
holding a tourism enterprise
licence issued under the Tourism Act to
the Director-General in the
prescribed form and upon payment of the
prescribed fee, the
Director-General may issue to such person a
hunting outfitter’s licence.
(2) The hunting outfitter’s
licence shall be issued to a
person ordinarily resident in
Zambia and who holds a hunting
concession over a Game Management
Area or part thereof on such
terms and conditions as the
Director-General may determine.
54. (1) Upon
application to the Director-General in the
prescribed form by any person and
upon payment of the prescribed
fee, the Director-General may
issue to such person a restricted
professional hunter’s licence.
(2) Subject to the other
provisions of this Act and to the
terms and conditions prescribed
for a restricted professional hunt4er’s
licence, such a licence shall
authorise the licensee to carry on business
as a professional hunter in
respect of non-dangerous animals.
55. (1) Upon
application to the Director-General in the
prescribed form by any person,
and upon payment of the prescribed
fee, the Director-General may
issue to that person a commercial
photographic licence.
(2) Subject to the other
provisions of this Act and to the
terms and conditions prescribed
for a commercial photographic
licence such a licence shall
authorise the licensee to make paintings, to
take films or video for
commercial purposes in a National Park.
56. (1) The
Director-General may refuse to issue a licence
under this Part if:
(a) the applicant fails to comply
with any prescribed
conditions precedent to the issue
of such licence;
(b) any licence formerly held by
the applicant under this
Part has been revoked by the
Director-General;
(c) the applicant has been
convicted of an offence under
this Act;
Hunting Outfitter’s
licence
Cap. 155
Restricted
professional hunter’s
licence
Commercial
photographic licence
Refusal to issue
licence
ZAMBIA WILDLIFE
ACT, 1998
38
(d) the Director-General is
satisfied that the applicant is
not a fit or proper person to
hold such a licence;
(e) if the applicant for a
photographic tour operator’s
licence or a hunting outfitter’s
licence is not the holder
of a tourism enterprise licence
issued under the
Tourism Act;
(f) the Director-General is
satisfied that in the interest of
good game management the licence
should not be
issued; or
(g) if the applicant has been
convicted of a crime relating
to hunting in another country or
his licence was
withdrawn by the wildlife
authority of another country.
(2) The Director-General shall
notify the applicant in
writing of the refusal under this
section to issue a licence and shall
state the reasons for the
refusal.
57. (1) Where the
Director-General refuses to issue a licence,
the applicant may, not later than
one month after the receipt by the
applicant of the notice given
under subsection (2) of section fifty-six,
appeal in writing to the
authority against such refusal.
(2) In determining any appeal,
the Authority may uphold
the decision of the
Director-General or may instruct the Director-
General to issue the licence as
applied for.
(3) The decision of the Authority
on any appeal under this
section shall be subject to
appeal to the High Court.
58. (1) The
Director-General may revoke any licence if
satisfied that the licensee has
failed to comply with any of the
conditions relating to the
licence.
(2) In the event of the
revocation of a licence by the
Director-General under subsection
(1), the Director-General shall, as
soon as practicable after
ordering the revocation, notify the licensee,
in writing, of the revocation and
shall state reasons for the revocation.
59. (1) The licensee
under any licence which has been revoked
by the Director-General under
subsection (1) of section fifty-eight
may, not later than one month
after the receipt by the licensee of the
notice given under subsection (2)
of that section, appeal in writing to
the Authority against the
revocation.
(2) In determining any such
appeal, the Authority may
consult with the Director-General
and may uphold the decision of the
Cap. 155
Appeal against
issue of licence
Revocation of
Licences
Appeal against
revocation
ZAMBIA WILDLIFE
ACT, 1998
39
Director-General or may instruct
the Director-General to withdraw the
revocation of the licence.
(3) The decision of the Authority
on any appeal under this
section shall be subject to
appeal to the High Court.
60. (1) The
Director-General may suspend, for any period, or
cancel any game licence issued
under paragraphs (a), (b), (c), (d) and
(h) of subsection (1) of section thirty-three
if in the opinion of the
Director-General the interests of
good game management so requires
the suspension or cancellation,
as the case may be.
(2) Upon the suspension of any
licence under subsection
(1), the Director-General shall
notify the licensee, in writing, of the
period of the suspension and,
during that period, the licence so
suspended shall be of no legal
force or effect and shall be surrendered
to the Director-General if so
required.
(3) Upon the cancellation of any
licence under subsection
(1), the Director-General shall
notify the licensee in writing of such
cancellation and, from the date
of the notice, the licence so cancelled
shall no longer be of any legal
force or effect and shall forthwith be
surrendered to the Director-General.
(4) Upon the suspension or
cancellation of any licence
under subsection (1), the
licensee may be entitled to a refund of such
proportion of the fee paid for
the licence as the Director-General may
determine.
(5) Where any person loses a
licence issued under this
Part, the person shall inform the
proper officer within fourteen days of
the loss and shall after a
further period of fourteen days apply to the
Director-General for the issuance
of a duplicate licence.
(6) On application under
subsection (5), the Director-
General:
(a) may issue a duplicate licence
on such terms and
conditions as the
Director-General may determine; or
(b) reject the application and
notify the licensee in writing
and gives reasons for the
refusal.
(7) The licensee under any licence
which has been
suspended or cancelled under
subsection (1) or who the Director-
General has refused to issue a
duplicate licence under subsection (6)
may, not later than one month
after the receipt of the notice given
under subsection (2) or (3), or the
notice of refusal to issue a duplicate
licence under subsection (5), as
the case may be, appeal in writing to
the Authority against the
suspension, cancellation or refusal.
Suspension,
cancellation or loss
of licences
ZAMBIA WILDLIFE
ACT, 1998
40
(8) In determining any appeal
under subsection (7), the
Authority may consult with the
Director-General and may uphold the
decision of the Director-General
or may instruct the Director-General
to rescind the suspension, or set
aside the cancellation, as the case may
be.
(9) The decision of the Authority
on any appeal under this
section shall be subject to
appeal to the High Court.
PART VIII
HUNTING OF WILD ANIMALS
61. (1) Every
licensee issued with a licence under paragraph
(a), (b), (c) and (h) of
subsection (1) of section thirty-three and every
holder of a permit under
subsection (3) of section sixteen shall:
(a) have the licence or permit in
actual possession at all
times while hunting any game
animal or protected
animal under the licence;
(b) produce the licence or permit
for inspection and give
the full name and address, in
writing, to any proper
officer, village scout or any
honorary wildlife police
officer upon request;
(c) be accompanied by a wildlife
police officer or village
scout while hunting; and
(d) keep, in the form prescribed,
a true record of all game
animals or protected animals,
other than birds, hunted
by him during the validity of the
licence.
(2) Any person who contravenes
any of the provisions of
subsection (1) shall be guilty of
an offence.
62. Every licensee
under a professional hunter’s licence issued
under section forty-three shall:
(a) have the licence in actual
possession at all times while
engaged in hunting game animals
or protected animals
as a professional hunter;
(b) produce for inspection the
licence, and give the full
name and address in writing to
any proper officer or
honorary wildlife police officer
upon request;
(c) keep, in the form prescribed,
a record of each licence
issued to each client whereby he
accepted engagement
by such client as a professional
hunter, together with a
true record of the game animal or
protected animal,
Duties of licensees
and permit holders
Duties of licensee under
professional hunter’s
licence
ZAMBIA WILDLIFE
ACT, 1998
41
other than birds, hunted by, or
on behalf of, such client
under the licence;
(d) be accompanied by a wildlife
police officer or village
scout; and
(e) immediately after each hunt
ensure that any client in
relation to whose licence the
professional hunter is
engaged for that hunt completes a
certificate in the
prescribed form, specifying the
game animal or
protected animal killed or
wounded by the client.
(2) any person who contravenes
any of the provisions of
subsection (1) shall be guilty of
an offence.
63. (1) Every
licensee under an apprentice professional
hunter’s licence shall:
(a) have the licence in actual
possession at all times while
engaged in hunting game animals
or protected animals
as an apprentice professional
hunter; or
(b) produce the licence for
inspection and give full name
and address of the licensee in
writing to any proper
officer or honorary wildlife
police officer upon request.
(2) Any person who contravenes
any of the provisions of
subsection (1) shall be guilty of
an offence:
64. (1) For the
purpose of:
(a) computing the numbers of game
animals or protected
animals authorised to be hunted
under any licence
issued under Part VII;
(b) computing the numbers of game
animals or protected
animals permitted to be hunted in
any National Park,
Game Management Area or open area
under any permit
granted under subsection (3) of
section sixteen; or
(c) recording the numbers of
hunted animals or protected
animals in any record required to
be kept under section
sixty-one or sixty-two;
only such game animals or
protected animals as are killed, wounded
or captured shall be counted.
(2) Subject to subsection (3), if
any game animal or
protected animal is killed in any
circumstances whatsoever, any
licensee or holder of a permit
under this Act, whose licence or permit
entitles the licensee to hunt a
game animal or protected animal of that
Duties of licensee under
apprentice professional
hunter’s licence
Counting of hunted
game animals or
protected animals
ZAMBIA WILDLIFE
ACT, 1998
42
species, or by any person
accompanying or assisting such licensee or
permit holder, such animal shall
count as having been hunted under
the licence or permit:
Provided that if any person
accompanying or assisting a
licensee or holder of a permit is
himself in possession of a licence or
permit entitling the person to
hunt a game animal or protected animal
of the species killed by that
person, the animal shall count as having
been hunted under the licence or
permit of the person so
accompanying or assisting.
(3) Nothing in subsection (2)
shall apply to any game or
protected animal killed or
wounded in accordance with section eightyone.
65. (1) Subject to
the other provisions of this section and of
section forty-one any
person, not being the holder of a licence under
paragraphs (a), (b), (c), (d) and
(h) of subsection (1) of section thirtythree
or a permit issued under this Act
may assist, for gain or reward
or otherwise, any licensee under
a game or professional hunter’s
licence or any permit holder
under the permit, to hunt any game
animal or protected animal solely
in the capacity of a tracker, gun
bearer or beater.
(2) Any person who contravenes
any of the provisions of
this section shall be guilty of
an offence.
66. Any person who
employs, causes or induces another person to
hunt any game animal or protected
animal on his behalf shall be guilty
of an offence:
Provided that this section shall
not apply where the person
employed:
(a) is a licensed professional
hunter employed to hunt
game animals on behalf of a
licensee under a nonresident
hunting licence while the
licensed professional
hunter is accompanied by the
licensee; or
(b) is employed by a licensee
under a special licence or
resident hunting licence to so
hunt any game animal or
protected animal in accordance
with an authorisation to
that effect endorsed on the
special licence as provided
by sections thirty-seven and
forty-one.
67. Except as
otherwise provided by this Act, any person who not
being a holder of a licence or
permit under this Act, hunts any game
animal or protected animal in any
open area shall be guilty of an
offence and shall be liable upon
conviction to a fine not exceeding
Limitations upon persons
assisting in hunting game
or protected animals
Prohibition of
employment of
another person to hunt
Prohibition of
hunting in open
areas
ZAMBIA WILDLIFE
ACT, 1998
43
thirty thousand penalty units or
to imprisonment for a period not
exceeding three years or to both:
Provided that this section shall
not apply to any person who
within such an open area:
(a) hunts any animal which is not
a game animal or
protected animal;
(b) is the owner of such land and
is in possession of a valid
licence, authorising the licensee
to hunt such game
animal or protected animal;
(c) has previously sought and
obtained the permission of
the owner so to do and is in
possession of a valid
licence authorising that person
to hunt such game
animal or protected animal; or
(d) is a proper officer or
honorary wildlife police officer
while acting under instructions
in performance of that
officer’s duties in the exercise
of powers under this
Act.
68. (1) Except as
may be authorised under a special licence or
permitted under section seventy-nine
any person who hunts:
(a) the dependent young of any
game animal or protected
animal; or
(b) any female game animal or
protected accompanied by
her dependent young;
shall be guilty of an offence.
(2) For the purposes of this
section, the term “dependent
young” means any young animal
relying upon its parent for
sustenance and protection.
69. (1) Except as
provided by subsection (2), any person who:
(a) uses a motor vehicle, boat or
aircraft for purposes of
hunting any game animal or
protected animal or who
uses the same in such manner as
to drive or stampede
any game animal or protected
animal, other than birds,
for any purpose whatsoever, or
(b) discharges any firearm or
other weapon at any animal,
or protected animal, other than
birds, from any motor
vehicle, aircraft, boat or other
conveyance, or
discharges such firearm or other
weapon from a point
Prohibition of hunting
young game animals
and of females with
young
Restrictions on use of
motor vehicles, aircraft
or boats while hunting
ZAMBIA WILDLIFE
ACT, 1998
44
within two hundred and fifty
metres’ distance of any
such motor vehicle, aircraft,
boat or other conveyance;
shall be guilty of an offence.
(2) Nothing in this section shall
prohibit the use of a motor
vehicle, aircraft, boat or other
conveyance for:
(a) hunting any game animal or
protected animal under
any licence issued under Part VII
or under any permit
issued under this Act where those
means are expressly
permitted under the terms of the
licence or permit; or
(b) driving away any game animal,
or protected animal
from any aerodrome by any person
concerned with the
maintenance of the aerodrome, or
driving any game
animal or protected animal by any
person off any land
being used, or about to be used,
as an aerodrome in
case of an emergency, when
necessary, to ensure the
safety of any aircraft which is
about to alight on or take
off from such land.
70. (1) Except as
provided by subsection (2), any person who,
without the written permission of
the Director-General, which the
Director-General may grant or may
refuse without assigning any
reason for the refusal, uses dogs
for the purpose of hunting any game
animal or protected animal, shall
be guilty of an offence.
(2) The Minister may, on the
advice of the Authority, by
statutory instrument, prescribe
any game animal or protected animal in
the hunting of which dogs may be
used.
(3) Any person who contravenes
any of the provisions of
this section shall be guilty of
an offence.
71. Any person who,
for the purpose of hunting or assisting in
hunting any game animal or
protected animal, causes any fire or
drives or surrounds any game
animal or protected animal with fire,
shall be guilty of an offence.
72. Except with the
written permission of the Director-General,
any person who, for the purpose
of, or in connection with, hunting or
assisting in hunting, any game
animal or protected animal, prepares,
compounds, sells, buys, uses or
has in possession any poison, birdlime
or like injurious substance or
any poisoned weapon shall be
guilty of an offence.
73. Except with the
written permission of the Director-General, or
as authorised under any licence
issued under Part VII or under any
permit issued under this Act or
as otherwise provided under this Act,
Restrictions on use of
dogs while hunting
Prohibition of use of
fire in hunting
Prohibition of use of
poison, bird-lime or
poisoned weapons in
hunting
Prohibition of possession,
acquisition or use of traps
etc. for hunting
ZAMBIA WILDLIFE
ACT, 1998
45
any person who, for the purpose
of, or in connection with, hunting any
game animal or protected animal,
possesses, makes, buys, sells or uses
any gin or similar trap or any
mist net, snare or similar contrivance
capable of killing or capturing
any game animal or protected animal
shall be guilty of an offence.
74 (1) The minister
may, on the advice of the Authority by
regulations, prohibit the hunting
of any wild animal, generally, or in
any specified area, by means of
any game pit, pitfall, trench or similar
excavation, fence or enclosure or
other device fixed to the ground or
other specified method, means,
instrument, weapon, missile or
explosive, or may, impose in such
regulations such conditions or
restrictions as the Authority
considers fit in respect of the use of any
game pit, pitfall, trench or
similar excavation, fence or enclosure or
other device fixed to the ground
or other specified method, means,
instrument, weapon, missile or
explosive.
(2) The Minister may, on the
advice of the Authority,
revoke, amend or alter any
regulation made under subsection (1), or
the Minister may, suspend, in any
area defined in the regulation for
any time therein stated, any
regulation when it appears reasonably
necessary so to do in the
interests of good game management, or for
the protection of life or
property, or for the protection of the health of
human beings, animals or plants.
(3) Any person who:
(a) hunts any wild animal in
contravention of any
regulation made under this
section; or
(b) possesses, makes, buys or
sells, for the purposes of
hunting or assisting in the
hunting of any wild animals,
any instrument, weapon, missile
or explosive, the use
of which for such purpose is
absolutely prohibited by
any regulation made under this
section;
shall be guilty of an offence.
75. (1) Any person
who drives any game animal or protected
animal, other than an amphibious
animal, into water for the purpose of
incapacitating, killing or
capturing that game animal of protected
animal shall be guilty of an
offence:
Provided that the Minister may,
on the advice of the Authority,
at any time, by regulation,
suspend the operation of this section in any
area so defined for any period of
time so stated or in respect of any
game or protected animal so
specified.
(2) Any person who prevents any
animal or bird from
having access to water or
introduces poisonous substances into water
shall be guilty of an offence.
Power of Minister to
prohibit or control use of
specified weapons or
methods of hunting
Prohibition of driving
certain game animals
or protected animals
into water
ZAMBIA WILDLIFE
ACT, 1998
46
76. (1) Except with
the written permission of the Director-
General, any person who, during
the hours of darkness:
(a) hunts any wild animal; or
(b) for the purpose of or in the
connection with hunting, or
assisting in hunting any wild
animal, uses any torch,
flare, lamp of the type known as
a “bulala lamp” or any
other artificial light;
shall be guilty of an offence.
(2) For the purpose of this section,
the expression “hours
of darkness” means the period
between one half-hour after sunset and
one half-hour before sunrise.
77. Except with the
written permission of the Director-General,
any person who uses any motor
vehicle to drive or stampede any game
animal, other than a drive of
birds, shall be guilty of an offence:
Provided that the Minister may,
on the advice of the Authority, at any
time, by regulation, suspend the
operation of this section in respect of
any area so defined for any
period of time so stated.
PART IX
KILLING, WOUNDING OR MOLESTING
WILD ANIMALS
78. (1)
Notwithstanding anything to the contrary in this Act, a
person may kill any wild animal
in defence of himself or in defence of
any other person if it is
necessary:
Provided that nothing in this
subsection shall exonerate any
person who, at the time of
killing any wild animal in self-defence or in
defence or any other person, was
committing an offence under this
Act.
(2) Except as is otherwise
provided by this Act or by the
terms and conditions of any
licence or permit issued under this Act,
the killing of any game animal or
protected animal in accordance with
subsection (1) shall not be
deemed to transfer the absolute ownership
of the animal or the carcass, or
any trophy or meat thereof, to any
person.
(3) When any game animal or
protected animal is killed in
accordance with subsection (1),
the person who has killed the animal
shall, within a period of
forty-eight hours, make a report of the facts to
the nearest proper officer and
shall, unless otherwise entitled to retain
the animal under this Act or
under any licence or permit issued under
Prohibition of
hunting during
hours of darkness
Game drives
Self-defence
ZAMBIA WILDLIFE
ACT, 1998
47
this Act, hand over to the proper
officer the carcass or any trophy or
meat of the animal as the proper
officer may direct.
(4) Any person who fails to
comply with subsection (3)
shall be guilty of an offence.
79. (1)
Notwithstanding any provision to the contrary in this
Act:
(a) any owner or employee of the
owner whenever it may
be necessary for:
(i) the protection of the owner’s
land or of any
building on it;
(ii) the protection of any part
of the owner’s land,
which is under cultivation, and
for the
protection of any crops growing
upon that part
of the land;
(iii) the protection of any
livestock upon any part of
his land, whether fenced or
otherwise enclosed
or not, which for the time being
is in use for the
grazing or heading of domestic
stock;
(b) any owner of any crops being
lawfully cultivated on
land leased by any other person
or held under
customary law, or any servant of
the owner of the said
crops; or
(c) any owner of any livestock
being lawfully grazed or
herded upon lands leased by any
other person or held
under customary law, whether the lands
are fenced or
otherwise enclosed or not, or any
employee of the
owner of the livestock;
may kill any game animal,
non-game animal, protected or nonprotected
animal which is identified as
causing or has caused material
damage to that land, building, crops
or livestock, as the case may be
and a report shall be made to the
nearest proper officer, village scout
or honorary wildlife police
officer.
(2) Except as is otherwise
provided by this Act or by the
terms and conditions of any
licence or permit issued under this Act,
the killing of any game or
protected animal in accordance with
subsection (1) shall not be
deemed to transfer the absolute ownership
of the game animal or protected
animal or of the carcass or of any
trophy or of the meat to any
person.
(3) When any game animal or
protected animal is killed in
accordance with subsection (1),
the person who has killed that animal
shall, within a period of
forty-eight hours, make a report of the fact to
Defence of property
ZAMBIA WILDLIFE
ACT, 1998
48
the nearest proper officer and
shall, unless otherwise entitled to retain
the animal under this Act or
under any licence or permit issued under
this Act, hand over tot he proper
officer the carcass or any trophy or
meat of that animal as the proper
officer m ay direct:
Provided that the proper office
may grant that person
ownership of the carcass, trophy
or meat of the animal as
compensation for any damage to
the land, building, crops or livestock
caused by the game animal,
protected non-game animal or nonprotected
animal.
(4) Any person who fails to
comply with subsection (3)
shall be guilty of an offence.
(5) Nothing in this section shall
authorise any person to
use in the killing of any wild
animal any method of hunting prohibited
under Part VIII or by any regulation
made under this Act.
80. (1) If any
person kills any game animal or protected
animal through accident or error,
the person shall, within a period of
fourteen days, make a report of
the facts to the nearest proper officer,
village scout or honorary wildlife
police officer and shall hand over
the proper officer, honorary
wildlife police officer or village scout the
carcass, or any trophy or meat of
the animal as the officer or village
scout may direct.
(2) Nothing in subsection (1)
shall apply to any person
who kills any game animal or
protected animal through accident or
error if:
(a) that person is entitled under
any licence or permit
issued under this Act to hunt a
game animal or
protected animal of that species
and sex; and
(b) no offence under this Act has
been committed in
relation to the killing of such
animals.
(3) The provisions of section sixty-four
shall apply to any
game animal or protected animal
killed by accident or error.
(4) Any person who fails to
comply with subsection (1)
shall be guilty of an offence.
81. (1) Any person
who, in any circumstances whatsoever,
wounds any dangerous animal and
fails without reasonable cause to
use all reasonable endeavour to
kill the animal at the earliest
opportunity shall be guilty of an
offence:
Game or protected
animals killed through
accident or error
Wounding of game
animal or protected
animal
ZAMBIA WILDLIFE
ACT, 1998
49
Provided that it shall not be
lawful to follow any wounded
game animal or protected animal
into a National Park, or into a Game
Management Area in which the
hunting of the animal is prohibited or
on to any land held by any person
under a leasehold title.
(2) Any person who has, or who
believes that he has
wounded any game animal or
protected animal, which, in such
wounded condition has entered a
National Park or a Game
Management Area in which the
hunting of the animal is prohibited,
shall, within a period of
forty-eight hours make a report of the facts
and circumstances to the nearest
proper officer.
(3) Any person who has, or who
believes that he has
wounded any game animal or
protected animal, which, in such
wounded condition has entered
land held by any person under a
leasehold title and upon which
land such person has no permission to
enter, shall, within a period of
forty-eight hours, make a report of the
facts and circumstances to the
occupier of the land and to the proper
officer, village scout or
honorary wildlife police officer.
82. (1) Any person
who, in any circumstances whatsoever,
wounds any dangerous animal and
fails to kill, or recover the animal
within twenty-four hours after
its wounding, shall, within forty-eight
hours, report the circumstances
of the wounding, to the nearest proper
officer.
(2) Every report made under
subsection (1) shall specify
the species of dangerous animal
wounded, the date, time and place of
the wounding, the type of wound,
if known, the weapon by which the
wound was inflicted, the efforts
made to kill the animal after it was
wounded, the time and place at
which the animal was lost or escaped
and any other information which
might be of use in locating or
identifying the animal.
(3) If the dangerous animal
wounded but not killed is an
elephant or rhinoceros, the
report made under subsection (1) shall in
addition be made to the
Director-General.
(4) Where any dangerous animal is
found dead, and the
Director-General is satisfied
that it is an animal which was wounded
but not killed by the holder of a
licence or permit issued under this
Act, which licence or permit
entitled the holder to hunt the animal,
and that licence or permit
holder:
(a) made the requisite report;
and
(b) after wounding the animal,
used every possible
endeavour to kill it;
the Director-General may direct
that any trophy of the animal be
delivered to the licensee or
permit holder.
Wounding of
dangerous animals
ZAMBIA WILDLIFE
ACT, 1998
50
(5) Every report required to be
made under subsection (1)
or (3) shall whenever possible be
made in person by the person who
wounded the dangerous animal or
on his instructions, by a person
accompanying or assisting him at
the time when the wounding took
place.
(6) Any person who is required by
subsection (5) to make
a report under subsection (1) or
(3), and who fails to do so, or who
does not make the report within
forty-eight hours of the loss of the
wounded dangerous animal, shall
be guilty of an offence, and upon
conviction shall be liable to a
fine not exceeding one thousand penalty
units or to imprisonment for a
term not exceeding one month, or to
both; and, if such dangerous
animal has been wounded by the holder
of a licence or permit issued
under this Act entitling him to hunt the
animal, the absolute ownership of
the animal shall not be deemed to
pass under the provisions of this
Act to the licensee or permit holder
as the case may be.
83. Any person who,
in any circumstances whatsoever, causes
unnecessary or undue suffering to
any wild animal shall be guilty of
an offence.
84. (1) Subject to
subsection (2), any person who, without the
permission of the
Director-General, is in possession of, or who has in
control or keeping any live wild
animal which has been orphaned,
maimed or mutilated wild animal
for purposes of medical care,
treatment, scientific or
educational purposes in accordance with
written authority from the
Director-General.
(2) This section shall not apply
to any veterinary surgeon
or to any person assisting any
veterinary surgeon, or any other person,
who has in actual possession,
control or keeping any orphaned,
maimed or mutilated wild animal
for purposes of medical care,
treatment, scientific or
educational purposes in accordance with
written authority from the
Director-General.
85. Except as
provided for or for the purposes of section seventyeight,
seventy-nine,
eighty-one and
eighty-two, any person who
wilfully and without just cause
or excuse:
(a) molests or provokes any game
animal or protected
animal in any manner which
results in the destruction
of the game animal or protected
animal; or
(b) molest or provokes any animal
whatsoever in any
manner which results, in the
harassment or destruction
of any game animal or protected
animal;
shall be guilty of an offence.
Cruelty to wild animals
Possession of maimed
wild animals
Molesting or provoking
game animal or protected
animal
ZAMBIA WILDLIFE
ACT, 1998
51
PART X
TROPHIES
86. Any person who,
in the course of trade, buys, sells or
processes or otherwise deals in
any trophy, or manufactures any
article from any readily
recognisable part of it, except in accordance
with a permit so to do, issued
under this Act shall be guilty of an
offence:
Provided that, this section shall
not apply to any person who,
for purposes of gain, sells,
processes, or manufactures any article from
any trophy of any game animal or
protected animal which was
lawfully hunted by the person and
the ownership of which licence
vested in that person under
section three or under any other provisions
of this Act.
87. (1) Upon
application to the Director-General in the
prescribed form by any person,
and upon payment of the appropriate
fee, the Director-General may, on
such terms and conditions as the
permit shall specify including
the period of validity, issue to the
person a trophy dealer’s permit
in the form prescribed which shall
authorise the person to buy,
sell, deal in, process, or manufacture
articles from trophies by way of
trade or business.
(2) The appropriate fee for a
trophy dealer’s permit shall
be the fee prescribed by the
Minister, after consultation with the
Authority and shall be payable to
the Authority.
(3) The Director-General may at
any time grant or refuse
to grant, suspend for any period
of time, revoke or cancel any trophy
dealer’s permit, or may make the
granting of it subject to any
condition which the
Director-General considers fit to impose, or may
limit such permit to, or exclude
from it, any specific trophy or class of
trophies.
(4) Where the Director-General
refuses to grant, suspend,
revoke or cancel any trophy
dealer’s permit, or makes the granting of
it subject to any condition, or
limits the permit to, or excludes from it
any specific trophy or class of
trophy, the Director-General shall
notify the applicant, or the
party aggrieved by such decision, as the
case may be, of his decision, in
writing.
(5) The applicant, or the party
aggrieved, as the case may
be, may, within one month after
receipt of the notice given under
subsection (6), appeal in writing
to the Authority against the decision
of the Director-General.
(6) In determining any appeal the
Authority may consult
with the Director-General and may
uphold the decision of the
Director-General or may instruct
the Director-General to reverse the
decision or to amend or alter the
decision as instructed by the
Authority.
Prohibited dealings in
trophies
Trophy dealer’s
permit
ZAMBIA WILDLIFE
ACT, 1998
52
(7) The decision of the Authority
on any appeal shall be
subject to appeal to the High
Court.
88. (1) Every trophy
dealer shall keep and maintain such
records, and make such returns of
the trophy dealer’s trading in
trophies, as the Minister may,
after consultation with the Authority, by
Statutory Instrument, prescribe.
(2) Any trophy dealer who fails
to keep or maintain any
record or make any return
prescribed under subsection (1) shall be
guilty of an offence.
89. (1) Subject to
the provisions of subsection (2), the Minister
may, on the advice of the
Authority, by statutory instrument, prescribe
any trophy or class of trophy as
being “prescribed trophy” for the
purposes of controlling,
prohibiting or limiting any dealings in such
trophy or class of trophy, except
in accordance with the provisions of
this Act in that regard.
(2) Ivory and rhinoceros horn
shall be prescribed trophies
for the purposes of this Act.
90. (1) The
Director-General may, upon application by any
person and upon being satisfied
that such person is in lawful
possession of any trophy, issue,
in the form prescribed, a certificate of
ownership of that trophy to that
person.
(2) Where the Director-General is
satisfied that a
certificate of ownership under
subsection (1) has been issued through
error, or through the
misrepresentation or fraud of any person, he may
revoke it and the person to whom
the certificate of ownership was
issued shall cause the
certificate to be returned to the Director-General
for cancellation.
(3) Any person who fails to
comply with subsection (2)
shall be guilty of an offence.
91. Any person who
has in his possession any prescribed trophy,
without a certificate of
ownership issued in respect of it under section
ninety, shall be guilty
of an offence.
92. (1) Any person
who transfers, or purports to transfer, the
ownership of any prescribed
trophy to any other person, whether by
way of gift, sale or otherwise,
shall, at the time of the transfer or
purported transfer, be in actual
possession of a certificate of
ownership issued in respect of
the prescribed trophy.
(2) Subject to section ninety-six,
upon the transfer or
purported transfer by any person
of the ownership of any prescribed
trophy to any other person, the
transferor shall, at the time of transfer
or purported transfer of
ownership, endorse on the certificate of
ownership issued in respect of
the prescribed trophy the signature of
the transferor, the date of such
transfer, or purported transfer, together
Trophy dealers to
keep records and
make returns.
Prescribed trophies
Certificate of
ownership of
trophies
Possession of prescribed
trophies
Transfer of ownership of
prescribed trophies
ZAMBIA WILDLIFE
ACT, 1998
53
with the name of the transferee
or purported transferee and shall
deliver to the transferee the
certificate of ownership so endorsed.
(3) Subject to section ninety-six,
any person who, by way
of gift, purchase or otherwise,
obtains, or purports to obtain, from any
other person, the ownership of
any prescribed trophy, shall, at the time
such ownership is, or is
purported to be, transferred to that person,
obtain from the transferor the
certificat4e of ownership issued in
respect of such prescribed trophy
endorsed as prescribed by
subsection (2).
(4) Any person who contravenes or
fails to comply with
any of the provisions of this
section shall be guilty of an offence.
93. (1) Any person
who, under any circumstances, kills any
elephant or rhinoceros shall,
within forty-eight hours after the date of
the killing, produce the ivory or
rhinoceros horn of the animal to a
wildlife police officer, or to
such other person as may be nominated in
writing in that regard by the
Director-General, for the purpose of
weighing and registering the
ivory and rhinoceros horn.
(2) Any person who fails to
comply with subsection (1)
shall be guilty of an offence.
94. (1) Subject to
any regulations made under subsection (1) of
section eighty-nine, any
person who imports ivory or rhinoceros horn
into the Republic shall, within
forty-eight hours after the date of
important, produce such ivory or
rhinoceros horn to a wildlife police
officer, or to such other person
as may be nominated in writing in that
regard by the Director-General,
for the purpose of weighing and
registering the ivory or
rhinoceros horn.
(2) Any person who fails to
comply with subsection (1)
shall be guilty of an offence.
95. (1) If, after
such inquiry as the wildlife police officer may
consider necessary, the wildlife
police officer or other person to whom
ivory or rhinoceros horn is
produced under section ninety-three or
ninety-four, is satisfied
that the ivory or rhinoceros horn is lawful
property, under this Act, of the
person who killed the animal from
which it was procured, or is the
lawful property of, and has, subject to
the regulations made under
subsection (1) of section eighty-nine, been
lawfully imported by, the person
who produced the same, as the case
may be, the wildlife police
officer shall cause it to be weighed,
marked and registered in the
manner prescribed and shall then return it
to the person who produced it for
such purpose and shall issue to the
person a certificate of ownership
in the prescribed form, in respect of
it.
(2) If, after such inquiry as is
referred to in subsection (1),
the wildlife police officer or
other person to whom the ivory or
rhinoceros horn is produced under
section ninety-three or ninety-four
is not satisfied that the ivory
or rhinoceros horn is the lawful property
of the person who produced it, or
that it was lawfully imported, as the
Duty to produce ivory
or horn of killed
elephant or rhinoceros
Duty to produce
imported ivory or
rhinoceros horn
Registration of ivory
and rhinoceros horn
ZAMBIA WILDLIFE
ACT, 1998
54
case may be, he may retain the
ivory or rhinoceros horn pending, and
for the purposes of, any
proceedings which may be instituted in
respect of it under this Act:
Provided that if any proceedings
are not instituted within three
months after the date of
production of the ivory or rhinoceros horn,
the wildlife police officer or
other person, as the case may be, shall
weigh, mark and register the
ivory or rhinoceros horn, and shall return
it to the person who produced it
together with a certificate of
ownership in respect of it as
provided by subsection (1).
(3) No person shall be entitled
to compensation of any
kind in respect of the retention
of any ivory or rhinoceros horn under
subsection (2).
96. Any person who,
by way of gift, sale, purchase or otherwise,
transfers or obtains any ivory or
rhinoceros horn before it has been
weighed, marked and registered
under section ninety-five shall be
guilty of an offence.
97. (1) The
provisions of section ninety-two shall apply to any
transfer of ownership of ivory,
or rhinoceros horn, and in lieu of the
endorsement required under
subsection (2) of that section, both the
transferor and the transferee
shall endorse upon the certificate of
ownership in respect of the ivory
or rhinoceros horn, as the case may
be, a memorandum of transaction
of transfer of ownership bearing the
date of the transaction, and both
parties shall sign their names at the
foot of the endorsed memorandum.
(2) Any person who fails to
comply with subsection (1)
shall be guilty of an offence.
98. Any trophy to
which absolute ownership has not passed to any
person under section three, or
under any other provision of this Act,
shall be a Government trophy for
the purposes of this Act.
99. (1) Any person
who obtains possession of any Government
trophy shall, as soon as
practicable after obtaining possession of it,
make a report of the person’s
possession of the trophy to the nearest
wildlife police officer or such
other person as may be nominated in
writing in that regard by the
Director-General, and shall, if so
required, deliver up, within
forth-eight hours of such notice, the
Government trophy to the wildlife
police officer or other person, as
the case may be.
(2) Any person who fails to
comply with subsection (1)
shall be guilty of an offence.
100. (1) Any person
who unlawfully possesses or who purports
to buy, sell or otherwise
transfer or deal in any government trophy
shall be guilty of an offence.
(2) For the purposes of this
section, possession of any
trophy by any person without a
certificate of ownership in respect of
Transfer of ivory or
rhinoceros horn before
registration prohibited
Transfer of ownership of
ivory or rhinoceros horn
Government trophies
Possession of
Government trophy to
be reported
Unlawful possession
of, or dealing in,
Government trophies
ZAMBIA WILDLIFE
ACT, 1998
55
the trophy shall be prima facie
evidence of the trophy being a
Government trophy and of the
unlawful possession of it by the person.
PART XI
SALE AND TRANSFER OF WILDLIFE
ANIMALS AND OF MEAT OF
WILDLIFE ANIMALS
101. Except with the
written permission of the Director-General or
as is otherwise provided by this
Act, any person who possesses, buys
or sells any live game or protected
animal or meat thereof, or who is
found in circumstances showing
that it is that person’s intention to
buy or sell, any live wild game
or protected animal or meat shall be
guilty of an offence.
102. (1) The
Director-General may, in the form prescribed,
issue to any person who is in
lawful possession of any game animal or
protected animal or who intends
to sell any meat of a game animal or
protected animal a certificate of
ownership of the game animal or
protected animal, or of the meat,
as the case may be.
(2) Where the Director-General is
satisfied that a
certificate of ownership issued
under subsection (1) has been issued
through error or through the
misrepresentation or fraud of any person,
the Director-General may revoke
the certificate.
(3) Upon the revocation of a
certificate under subsection
(2), the Director-General shall
notify the licensee in writing of the
revocation and the person to whom
that certificate of ownership was
issued shall cause the
certificate to be returned to the Director-General
for cancellation.
(4) Any person who fails to
comply with subsection (3)
shall be guilty of an offence.
103. (1) The Minister
may, on the advice of the Authority, by
statutory instrument:
(a) control or make subject to
any condition the trade in
live or game animal or protected
animal or the trade in
carcasses, meat and skins of such
animals;
(b) prohibit, limit, control or
make subject to any
condition, the movement of the
meat of any game
animal or protected animal from
any specified area for
any period of time expressed in
the order, or may by
like order exclude, in respect of
any specified area, the
meat of any game animal or
protected animal specified
in the order, from the provisions
of this Part or of any
provision of the order.
(2) Any condition imposed by the
Minister under
subsection (1) may be applicable
generally throughout the Republic or
Prohibited dealings in
live wild animals
Certificate of ownership
of game animal or
protected animal or of
meat thereof
Power of Minister to
regulate trade or
movement of meat of
game or protected
animals
ZAMBIA WILDLIFE
ACT, 1998
56
may be applicable to the meat of
all game animals or protected
animals or to all persons, or it
may be limited to such specified areas,
or to the meat of such specified
game animal or protected animal or to
such specified classes of
persons, as the Minister may on the advice of
the Authority determine.
(3) Any statutory instrument made
under subsection (1)
may provide that for any
contravention of the Regulations a person
shall be guilty of an offence and
shall be liable upon conviction to a
fine not exceeding twenty
thousand penalty units or to imprisonment
for a term not exceeding two
years or to both.
104. (1) Any person
who sells any game animal or protected
animal or any meat of a game
animal or protected animal shall, at the
time of the sale, be in actual
possession of a certificate of ownership
issued in respect of the game or
protected animal or of the meat of a
game animal of protected animal
as the case may be.
(2) Except as may be otherwise
prescribed, every seller
shall, upon the sale of any game
animal or protected animal or of any
meat of a game animal or
protected animal, endorse upon the
certificate of ownership issued
in respect of the game animal or
protected animal, or of the meat
of a game animal or protected animal,
such details of the authority to
sell the animal as may be prescribed,
and the seller shall deliver up
to the buyer the endorsed certificate of
ownership, or a note of such
certificate and endorsement, in the
prescribed form, before or at the
time of the delivery of the game
animal or protected animal, or of
the meat of a game animal or
protected animal, as the case may
be.
(3) If the seller has not
previously delivered to the buyer
the endorsed certificate of
ownership of any game animal or protected
animal or of any meat of a game
animal or protected animal, as the
case may be, or the prescribed
note of such certificate and
endorsement as required under
subsection (2), the buyer shall, at the
time of delivery of the game
animal or protected animal or the meat of
a game animal or protected
animal, under the sale, obtain from the
seller the duly endorsed
certificate of ownership or other prescribed
note of such certificate and
endorsement:
Provided that this subsection
shall not apply to a buyer from
authorised commercial outlets.
(4) Any person who contravenes or
fails to comply with
any of the provisions of this
section shall be guilty of an offence.
PART XII
IMPORT AND EXPORT OF WILD
ANIMALS, MEAT AND TROPHIES
105. Any person who
imports any wild animal or any meat of any
wild animal or of any trophy,
except in accordance with a valid import
Sale of game animal
or protected animal
or of meat thereof
Importation of wild animals
etc, without permit
prohibited
ZAMBIA WILDLIFE
ACT, 1998
57
permit issued under section one
hundred and six shall be guilty of an
offence.
106. (1) The
Director-General may issue to any person a permit
in the form prescribed, to import
any wild animal or the meat of any
wild animal or any trophy, other
than ivory or rhinoceros horn, which
permit may subject to any
conditions which the Director-General may
impose and shall be valid for
such time as is specified in the permit.
(2) The Director-General may,
with the approval of the
Authority, issue to any person a
permit, in the form prescribed, to
import any ivory or rhinoceros
horn, which permit may be subject to
any conditions which the
Authority may impose and shall be valid for
such time as is specified in the
permit.
(3) Any permit issued under this
section shall not be in
substitution of any permit or
authority to import any wild animal or
meat, or any trophy, or ivory or
rhinoceros horn, required by or under
any other written law; nor shall
any such permit be deemed to relieve
any person from any restriction
on or prohibition of the import of any
wild animal, meat, trophy, ivory
or rhinoceros horn imposed by or
under this Act or any other
written law.
107. (1) Any person
who imports or who attempts to import any
wild animal or meat of any wild
animal or any trophy except:
(a) through a customs port of
entry;
(b) where the person produced to
the customs officer
satisfactory evidence that such
wild animal, meat or
trophy has been lawfully exported
from the country of
origin; and
(c) where the person produced to
the customs officer a
valid permit to import the same
issued under section
one hundred and
six;
shall be guilty of an offence.
(2) Any person who imports
through a customs port of
entry any wild animal, meat of
any such animal, or any trophy, but
who, at the time of such import,
is unable to adduce the evidence
required under paragraph (b) of
subsection (1) or has not in his
possession the import permit
required to be produced under paragraph
(c) of subsection (1) shall be
given three months during which to
produced the evidence of the
permit, as the case may be, during which
time the customs officer shall
detain the wild animal, meat, or trophy,
as the case may be:
Provided that the expenditure
incurred on account of the
detention of the animal, meat or
trophy shall be borne by the person
importing the animal, meat or
trophy and shall be recoverable from
such person as a civil debt to
the Authority.
Permits to import
wild animals, meat or
trophies
Restriction on import of
wild animals, meat or
trophies
ZAMBIA WILDLIFE
ACT, 1998
58
(3) If the country from which any
wild animal, meat of any
animal or trophy is exported is
not the country of origin, it shall be
sufficient for the purposes of
paragraph (b) of subsection (1) if there is
produced to the customs officer
documentary evidence that the
animal, meat or trophy was
lawfully exported from the country of
export.
(4) Upon conviction, of any
person of an offence under
this section, the court may, at
the request of the prosecution and in
addition to any other penalty
imposed, declare any wild animal, meat
or trophy so imported, or so
attempted to be imported, to be forfeited
or order it to be destroyed,
without compensation, or may both declare
it to be forfeited and order it
to be so destroyed, without
compensation.
(5) Any wild animal, meat, or
trophy declared to be
forfeited under subsection (4),
but not ordered to be destroyed, may be
disposed of as the
Director-General may direct.
108. Subject to the
provisions of sections ninety-three and ninetyfour
in respect of the import and
registration, respectively, of ivory
and rhinoceros horn, any person
who imports any prescrib4ed trophy
shall, within one month after the
date of the import of the prescribed
trophy, apply to the Director-General
for a certificate of ownership in
respect of the prescribed trophy
under section ninety.
109. Any person who
exports any wild animal or any meat of such
animal or any trophy except in
accordance with a valid export permit
issued under section one
hundred and ten shall be guilty of an offence.
110. (1) The
Director-General may issue to any person a permit,
in the form prescribed, to export
the meat of any wild animal or any
trophy, other than ivory or
rhinoceros horn, which permit may be
subject to any conditions which
the Authority may impose and shall
be valid for such time as is
specified in the permit.
(2) The Authority may, with the
approval of the Minister,
issue to any person a permit, in
the prescribed form, to export any
ivory or rhinoceros horn or any
game protected animal, which permit
may be subject to any conditions
which the Authority may impose and
shall be valid for such time as
is specified in the permit.
(3) The Director-General may,
with the approval of the
Authority, issue to any person a
permit in th4e prescribed form to
export any wild animal other than
a protected animal, which permit
may be subject to any conditions
which the Director-General may
impose and shall be valid for
such period as specified in the permit.
(4) Any permit issued under this
section shall not be in
substitution of any permit or
authority to export any such wild animal,
meat, trophy or ivory or
rhinoceros horn, required by or under any
other written law; nor shall any
such permit be deemed to relieve any
person from any restriction on,
or prohibition of, the export of any
Certificates of
ownership of
imported prescribed
trophies
Export of wild
animals etc without
permit prohibited
Permits export wild
animals, meat or
trophies
ZAMBIA WILDLIFE
ACT, 1998
59
such wild animal, meat, trophy,
or ivory or rhinoceros horn, imposed
by or under this Act or any other
written law.
111. (1) Any person
who exports or attempts to export any wild
animal, meat of any wild animal
or any trophy, ivory or rhinoceros
horn except:
(a) through a customs port of
entry; and
(b) under and in accordance with
the conditions of an
export permit issued in respect
of the animal, bird,
meat or trophy, ivory or
rhinoceros horn under section
one hundred and
ten;
shall be guilty of an offence.
(2) Any person who exports or
attempts to export any wild
animal, meat of any wild animal,
or any trophy, ivory of rhinoceros
horn, shall produce to the
customs officer for inspection the export
permit issued in respect thereof
under section one hundred and ten:
Provided that if that person is
not in possession of the export
permit in respect thereof at the
time of the export or attempted export,
the person shall be given three
months within which to produce the
same, during which time the
customs officer shall detain the wild
animal, meat, trophy, ivory or
rhinoceros horn, as the case may be.
(3) The expenditure incurred on
account of the detention of
the wild animal, meat trophy,
ivory or rhinoceros horn, shall be borne
by the person exporting the wild
animal, meat, trophy, ivory or
rhinoceros horn and shall be
recoverable from such person as a civil
debt to the Authority.
112. (1) This Part
shall not apply to any wild animal or meat of
any wild animal, trophy, ivory or
rhinoceros horn:
(a) in transit through Zambia, if
the wild animal, meat of
any wild animal, trophy, ivory or
rhinoceros horn is
accompanied by the necessary
transit customs
documents issued in the country
of origin or of export
of the wild animal, meat, trophy,
ivory or rhinoceros
horn and is entered through a
customs port of entry; or
(b) accompanied by any person who
is in possession of,
and surrenders to a customs
officer, a certificate, issued
by the country of origin or of
export of the wild animal,
meat of any wild animal, trophy,
ivory or rhinoceros
horn, stating that the person is
lawfully authorised to
export the wild animal meat,
trophy, ivory or
rhinoceros horn and the person
satisfies the customs
officer:
(i) that the certificate was
issued to that person;
and
Restriction on export of
wild animals, meat or
trophy
Wild animals, meat and
trophies in transit
ZAMBIA WILDLIFE
ACT, 1998
60
(ii) that the person is exporting
the wild animal
meat, trophy, ivory or rhinoceros
horn, as the
case may be, from the country of
origin or
export.
(2) Any person who contravenes or
fails to comply with
paragraphs (a) or (b) of
subsection (1) shall be guilty of an offence.
113. Notwithstanding
the other provisions of this Act, the Minister
may on the advice of the
Authority and in consultation with the
Minister responsible for trade
and industry and the Minister
responsible for veterinary
services, by statutory instrument, regulate
the import, export or re-export
of any game or protected animal and
such regulations may incorporate
the requirements of the Convention
on International Trade on
Endangered Species and the Lusaka
Agreement on Cooperative
Enforcement Directed at Illegal Trade in
Wild Fauna and Flora.
PART XIII
ENFORCEMENT PROVISIONS
114. (1) Any proper
officer, village scout or any honorary
wildlife police officer duly
authorised in writing by the Director-
General to act under this
section, may with a warrant, enter upon any
land, building, tent, vehicle,
aircraft, boat or other conveyance for the
purposes of carrying out the
provisions of this Act, or for the purpose
of preventing or detecting any
offence under this Act:
Provided that no private dwelling
house shall be entered
pursuant to this section except
in the presence of the occupier or of a
person over the apparent age of
sixteen years who resides therein as a
member of the occupier’s family.
(2) In this part “warrant” has
the meaning assigned to it in
the Criminal Procedure Code.
115. (1) If any
proper officer, village scout or honorary wildlife
police officer duly authorised in
writing by the Director-General has
reasonable grounds for believing
that any person has committed or is
committing or is about to commit
an offence under this Act, or thinks
it necessary for the purpose of
verifying any licence or permit
purported to have been issued to
any person under this Act, or under
the Firearms Act, the officer
may, with a warrant, inspect and search
any person or any building, tent
or any baggage, package, wagon,
caravan, vehicle, boat or
aircraft in the possession or under the control
of that person.
(2) If the proper officer or
honorary wildlife police officer
in accordance with subsection (1)
finds any game animal or protected
animal, meat of any game animal
or protected animal, trophy,
vegetation, firearm, spear, bow,
arrow or other weapon or any
Implementation of
international treaties
Cap. 88
Cap. 111
ZAMBIA WILDLIFE
ACT, 1998
61
explosive, net, snare, trop or
poison, which appears to have been used,
or about to be used in
contravention of this Act, or if the officer finds
any other article which happens
to have been used, or about to be used
in contravention of this Act,
such game animal or protected animal,
trophy, meat, vegetation,
firearm, spear, bow, arrow, or other weapon
or such other article may be
seized and detained by the officer or
honorary wildlife police officer
on behalf of the Director-General.
(3) Any proper officer or
honorary wildlife police officer
who seizes and detains anything,
weapon or article under subsection
(2), shall give to the person
from whom such thing, weapon or article
was seized a receipt in the
prescribed form signed by the proper
officer or honorary wildlife
police officer, as the case may be.
(4) In the event of:
(a) the Director-General being
advised in writing by the
Director of Public Prosecutions
that no prosecution
consequent upon any search and
seizure made under
subsections (1) and (2)
respectively, should be
instituted; or
(b) any prosecution having been
finally concluded;
then, in either event, anything,
weapon or article so seized and
detained under subsection (2)
shall be returned to the owner or to the
person from whose custody it was
taken, and shall be so returned
within ten days from the date of
the receipt by the Director-General of
the advice that no prosecution
should be instituted or from the date
any prosecution has been finally
concluded, as the case may be:
Provided that anything, weapon or
article shall not be returned
under this subsection if it has
been declared by the court to be
forfeited, or ordered to be
destroyed, under this Act, or any other
written law.
116. (1) When any
person is found committing any offence or is
reasonably suspected of having
committed an offence under this Act,
any proper officer, village scout
or honorary wildlife police officer
may demand the person’s name and
address, and if that person refuses
to furnish such information, or
fails to furnish such information to the
satisfaction of the proper
officer, village scout or honorary wildlife
police officer or if the proper
officer, village scout or honorary
wildlife police officer has
reasonable grounds for believing that unless
arrested the person will escape
or cause an unreasonable amount of
delay, trouble or expense in
being made answerable to justice, that
officer may arrest such person
without warrant and keep that person in
custody.
(2) Subject to subsection (3) any
person arrested under
subsection (1) shall be taken as
soon as practicable before a court, and
shall not be detained for longer
than is reasonably necessary for that
purpose.
Power to arrest
ZAMBIA WILDLIFE
ACT, 1998
62
(3) Where any person is arrested
under subsection (1), a
wildlife police officer-in-charge
of a wildlife police outpost to which
the person is brought may, in any
case, and shall, if it does not appear
practicable to bring that person
before a court within twenty-four
hours after he was so taken into
custody, inquire into the case, and,
unless the offence appears to the
officer to be of a serious nature,
release the person, on his
executing a bond, with or without sureties,
for a reasonable amount, to
appear before a competent court at a time
and place to be named in the
bond; but, where any person is retained
in custody, he shall be brought
before a court as soon as practicable.
(4) Notwithstanding anything
contained in this section an
officer-in-charge of a wildlife
police outpost may release a person
arrested under subsection (1)
when, after the wildlife police inquiries
under subsection (3),
insufficient evidence is, in the opinion of the
officer-in-charge, disclosed on
which to proceed with the charge.
117. (1) Every
wildlife police officer, village scout or honorary
wildlife police officer shall
exercise such powers and perform such
duties as may be conferred or
imposed upon a wildlife police officer,
village scout or honorary
wildlife police officer under this Act, and
shall obey all lawful directions
in respect of the execution of the office
which the officer may from time
to time receive from a wildlife police
officer superior in rank to that
officer.
(2) Every wildlife police officer
shall be deemed to be on
duty at all times and may at any
time be detailed for duty in any part
of Zambia.
(3) It shall be the duty of every
wildlife police officer,
village scout or honorary
wildlife police officer promptly to obey and
execute all orders and warrants
lawfully issued by an officer superior
to that officer, to collect and
communicate intelligence affecting the
conservation of wildlife, to
prevent the commission of offences under
this Act, to detect and bring
offenders to justice, and to apprehend all
persons whom the officer or
village scout is legally authorised to
apprehend and for whose
apprehension reasonable grounds exist.
118. A proper
officer, village scout or honorary wildlife police
officer shall not be held liable
for damages or otherwise for any act
done or omitted to be done in
good faith in the exercise of the duties
and powers of the officer or
village scout under this Act.
119. (1) Any wildlife
police officer may, on the prescribed
form, take or cause to be taken
in the presence of that officer, for the
purpose of record and
identification, the measurements, photographs,
fingerprints, hand prints and
footprints of any person in lawful
custody.
(2) A wildlife police officer
acting in accordance with
subsection (1) shall certify on
the form prescribed that the fingerprints
have been taken by the officer or
that the officer has caused them to be
taken in the presence of that
officer, in accordance with the directions
General powers and
duties of wildlife
police officers
Immunity of proper officer,
village scout and honorary
wildlife police officers
Power to take
photographs,
measurements, finger
prints etc
ZAMBIA WILDLIFE
ACT, 1998
63
contained on the form, and that
the particulars entered on the form are,
to the best of the officer’s
knowledge and believe, accurate and true.
(3) For the purposes of this
section “person in lawful
custody” means any person taken
into custody under section one
hundred and
sixteen.
120. (1)
Notwithstanding the provisions of any other law, if any
wildlife police officer of or
above the rank of Senior Wildlife Ranger
or equivalent rank considers it
necessary so to do for the prevention
and detection of an offence
relating to wildlife, the officer may:
(a) erect or place or cause to be
erected or placed barriers
in or across any street, or cause
a cordon to be placed
on or around any public place in
such manner as the
officer may think fit; or
(b) cause a cordon to be placed
in or across or around any
public place or private property
in such manner as the
officer may think fit, and for
the purpose it shall be
lawful for the wildlife police
officer forming the
cordon, without the consent of
any person, to enter any
property and do any act or thing
necessary for the
effective formation of the
cordon.
(2) Where a barrier has been
erected or placed or a cordon
formed under subsection (1) any
wildlife police officer may take all
reasonable steps to prevent any
person passing or any vehicle being
driven past the barrier or
cordon.
(3) The driver of any vehicle who
fails to comply with any
reasonable signal of a wildlife
police officer requiring such driver to
stop the vehicle before reaching
any barrier erected or placed or
cordon formed under subsection
(1), shall be guilty of an offence and
shall be liable, on conviction,
to a fine not exceeding ten thousand
penalty units, or to imprisonment
for a period not exceeding twelve
months, or to both.
(4) Any person who breaks through
or attempts to break
through any barrier erected or
placed or cordon formed, under
subsection (1) shall be guilty of
an offence and shall be liable, on
conviction, to a fine not
exceeding ten thousand penalty units or to
imprisonment for a period not
exceeding twelve months, or to both.
121. (1) A wildlife
police officer, honorary wildlife police
officer or village scout may
subject to subsections (2) and (3), use any
firearm which has been issued to
the officer against any person:
(a) in lawful custody charged
with or convicted of an
offence under this Act when that
person is escaping or
attempting to escape;
(b) who by force rescues or
attempts to rescue any other
person from lawful custody; or
Traffic barriers and
cordons
Power to use
firearms
ZAMBIA WILDLIFE
ACT, 1998
64
(c) who by force prevents or
attempts to prevent the lawful
arrest of the person or of any
other person:
Provided that a wildlife police
officer, honorary wildlife police officer
or village scout shall not use a
firearm:
(i) as authorised under paragraph
(a) unless the wildlife
police officer, honorary wildlife
police officer or
village scout has reasonable
grounds to believe that the
officer or village scout cannot
otherwise prevent the
escape and unless he shall give a
warning to the person
that he is about to use a firearm
against the person and
the warning is unheeded;
(ii) as authorised under
paragraph (b) or (c) unless the
wildlife police officer or
village scout has reasonable
ground to believe that the
officer or village scout or any
other person is in danger of
grievous bodily harm and
that the officer or village scout
cannot otherwise effect
the arrest or prevent the rescue.
(2) A wildlife police officer,
honorary wildlife police
officer or village scout shall
not, in the presence of a superior officer,
use a firearm against any person
except under the orders of that
superior officer.
(3) The use of firearms under
this section shall as far as
possible be to incapacitate and
not to kill.
(4) The authority vested in a
wildlife police officer by
subsection (1) shall be in
addition to and not in substitution for any
authority to use firearms vested
in a wildlife police officer by any
other written law.
122. (1) Any licence,
permit, authority, certificate or other
document issued under this Act
shall upon request be produced by the
holder for inspection by any
proper officer, village scout or honorary
wildlife police officer or any
other person duly authorised, in writing,
by the Director-General.
(2) Any person who fails to
comply with any request made
under subsection (1) shall be
guilty of an offence.
123. Nothing in this
Act shall exempt any person from compliance
with the Firearms Act.
124. (1) The Director
of Public Prosecutions may, at the request
of the Authority or
Director-General, in writing, appoint by name or
rank any officer or class of
officer of the Authority to undertake and
prosecute criminal proceedings in
respect of any offence alleged to
have been committed by any person
in contravention of this Act, and
may at any time, without
assigning any reason, cancel any such
appointment.
Documents to be
produced on request
Compliance with Firearms Act
Cap. 110
Prosecutions by officers of
Authority
ZAMBIA WILDLIFE
ACT, 1998
65
(2) In undertaking or prosecuting
any proceedings under
subsection (1), the officer of
the Authority shall act in accordance with
the general or special
instructions of the Director of Public
Prosecutions, and shall for the
purpose of any such prosecution have
the powers of a public prosecutor
appointed under any law for the
time being in force.
PART XIV
OFFENCES, PENALTIES AND FORFEITURES
125. Any person,
other than a person authorised in writing by the
Director-General, who causes any
bush or grass fire within the
confines of any National Park,
Game Management Area, bird
sanctuary or wildlife sanctuary
shall be guilty of an offence.
126. (1) Any person
who:
(a) obstructs any proper officer,
village scout or any
honorary wildlife police officer
or any duly appointed
person in the lawful exercise of
any powers conferred
by or under this Act;
(b) refuses to furnish to any
proper officer, village scout or
honorary wildlife police officer
or any duly appointed
person, on request, any
particulars or information to
which the proper officer, village
scout, honorary
wildlife police officer or duly
appointed person is
entitled by or under this Act; or
(c) wilfully or recklessly gives
to any proper officer,
village scout, honorary wildlife
police officer or duly
appointed person, any false or
misleading particulars to
which the proper officer,
honorary wildlife police
officer or duly appointed person
is entitled by or under
this Act;
shall be guilty of an offence.
(2) For the purposes of this
section, the expression “duly
appointed person” means any
person to whom duties in connection
with the administration of this
Act have been delegated by the
Authority or Director-General, as
the case may be, under this Act.
127. (1) Any person,
being a person required by or under this
Act to keep any register or to
furnish any return or information to the
Director-General, who:
(a) fails to keep such register
or to furnish such return or
information as required;
Prohibition of bush or
grass fires in National
Parks, Game Management
Areas and sanctuaries
Failure to keep registers
or to furnish returns, an
offence
ZAMBIA WILDLIFE
ACT, 1998
66
(b) fails to make any entry in
such register or to furnish
such return or information within
the time prescribed;
or
(c) with intent to mislead, makes
any entry in such register
or furnishes any return or
information which is false in
a material particular;
shall be guilty of an offence.
(2) Any person required to
surrender a licence or permit
under this Act to the
Director-General, who fails to surrender such
licence or permit shall be guilty
of an offence.
128. Any person who,
without lawful authority, alters, defaces or
removes:
(a) any register, index or other
official record maintained
under this Act or of any order,
requirement, regulation
or rule made thereunder; or
(b) any entry appearing in any
such register, index or other
official record;
shall be guilty of an offence.
129. Any person who,
without lawful authority, alters, forges,
utters, fabricates or defaces any
licence, permit, authority, certificate,
register, return, record or other
document, prescribed, issued,
furnished or kept under this Act,
shall be guilty of an offence.
130. Any person who:
(a) being a person employed for
the purposes of this Act,
publishes or communicates,
without lawful authority,
to any other person any
information acquired by that
person in the course of that
person’s employment; or
(b) being in possession of any
information which, to his
knowledge, had been disclosed in
contravention of this
Act, publishes or communicates
that information to any
other person;
shall be guilty of an offence and
shall be liable, upon conviction, to a
fine not exceeding twenty
thousand penalty units or to a term of
imprisonment not exceeding two
years, or to both.
131. Except where
otherwise expressly provided in this Act, any
person who is convicted of an
offence under this Act shall be liable
upon conviction:
(a) for a first offence, to a
fine of not less than five
thousand penalty units but not
exceeding fifty thousand
penalty units or a term of
imprisonment not exceeding
seven years, or to both;
Prohibition of alteration,
defacement or removal of
official records
Prohibition of alteration
or defacement of
prescribed documents or
records
Secrecy
General penalty
ZAMBIA WILDLIFE
ACT, 1998
67
(b) for a second or subsequent
offence, to a fine of not less
than ten thousand penalty units
or to a term of
imprisonment not exceeding ten
years, or to both.
132. (1) Where in
respect of an offence under this Act:
(a) any person has been arrested
by a proper officer or
honorary wildlife police officer,
or informed by a
proper officer or honorary
wildlife police officer that
there is intention to institute
criminal proceedings
against that person for a
particular offence; and
(b) a proper officer or honorary
wildlife police officer has
reasonable grounds to believe
that the court which shall
try the person referred to in
paragraph (a) for the
offence shall, on conviction,
impose a fine not
exceeding three hundred penalty
units;
that person may sign and submit
to the proper officer or honorary
wildlife police officer a
document admitting his guilt for the offence
and pay to the officer such
amount as that officer may determine but
not exceeding three hundred
penalty units.
(2) The document referred to in
subsection (1) when
signed and submitted under that
subsection, shall forthwith be
transferred to the clerk of the
court before which such person would
otherwise have been charged and
tried and shall be entered into the
records of the court.
(3) Any proper officer or
honorary police officer who fails
to remit the admission of guilt
fines to the court, shall be guilty of an
offence and shall be liable, upon
conviction, to imprisonment for a
term of not less than six months
but not exceeding three years without
the option of a fine.
133. (1) Any person
who is convicted of hunting, wounding,
molesting or reducing into
possession any elephant or rhinoceros in
contravention of any provision of
this Act shall be liable upon
conviction:
(a) for a first offence, to a
term of imprisonment of not less
than five years but not exceeding
twenty years without
the option of a fine; and
(b) for a second or subsequent
offence, to a term of
imprisonment of not less than
seven years but not
exceeding twenty-five years
without the option of a
fine.
(2) If the court is satisfied
that in the case of an offence
referred to in subsection (1),
that the offence was committed for the
purpose of, or in connection
with, illegal trafficking in ivory or
rhinoceros horn, the offender
shall be liable, upon conviction:
Payment of fine without
appearing in court
Penalty for offence
involving elephant and
rhinoceros
ZAMBIA WILDLIFE
ACT, 1998
68
(a) for a first offence, to
imprisonment for a term not less
than seven years but not
exceeding twenty years
without the option of a fine; and
(b) for a second or subsequent
offence, whether or not the
previous offence involved illegal
trafficking, to
imprisonment for a term not less
than ten years but not
exceeding twenty-five years
without the option of a
fine.
134. Except as
otherwise expressly provided in this Act, any person
who is involved in hunting within
a National Park contrary to this Act,
shall be liable upon conviction:
(a) for a first offence to
imprisonment, without the option
of a fine, for a term of not less
than one year but not
exceeding ten years without the
option of a fine;
(b) for a second or subsequent
offence to imprisonment,
without the option of a fine, for
a term of not less than
two years but not exceeding
fifteen years.
135. Except as
provided by section one hundred and thirty-six, any
person who is in possession of,
or is selling, buying, importing or
exporting or is attempting to
sell, buy, import or export, any meat of a
wild animal or any trophy in
contravention of this Act shall be guilty
of an offence and shall be
liable, upon conviction, to a fine not
exceeding seventy thousand
penalty units or to imprisonment for a
term not exceeding seven years,
or to both.
136. (1) Except as
otherwise provided in subsection (2) any
person who is in possession of,
or is selling, buying, importing or
exporting, any protected animal
or the meat or any trophy of a
protected animal, in
contravention of this Act, shall be guilty of an
offence and shall be liable, upon
conviction, to imprisonment without
the option of a fine for a term
not exceeding seven years.
(2) Any person who is in
possession of, or is selling,
buying, importing or exporting
any prescribed trophy in contravention
of this Act shall be guilty of an
offence and shall be liable upon
conviction:
(a) for a first offence, to
imprisonment, without the option
of a fine, for a term of not less
than five years but not
exceeding ten years; and
(b) for a second or subsequent
offence, to imprisonment,
without the option of a fine, for
a term of not less than
seven years but not exceeding
fifteen years.
137. Except as
otherwise provided in this Act, any person who is
convicted of an offence under
Part VIII or Part IX shall be liable upon
conviction to a fine not
exceeding twenty thousand penalty units or to
a term of imprisonment not
exceeding six months, or to both.
Penalty for unlawful
hunting in National Park
Penalty for
possessing, buying or
selling meat or wild
animal or trophy
Penalty for possessing,
buying or selling any
protected animal or trophy
of protected animal or
prescribed trophy
Penalty for unlawful
hunting or wounding,
etc
ZAMBIA WILDLIFE
ACT, 1998
69
138. Where any person
is convicted of an offence under this Act in
respect of any game-pit, pitfall,
trench or similar excavation, fence or
enclosure, or other device fixed
to the ground, which such person has
made, used, or had in the
possession of that person for the purpose of
hunting in contravention of the
provisions of this Act, the court shall,
in addition to any other
punishment, order such game-pit, pitfall,
trench, excavation, fence,
enclosure or device to be destroyed or
obliterated in such manner as the
court may specify, and any
expenditure incurred on account
of such order shall be recoverable
from such person as a civil debt
to the Authority.
139. (1) Upon the
conviction of any person of an offence under
this Act, the court shall, at the
request of the prosecution, in addition
to any other penalty imposed,
declare any wild animal, meat or any
trophy, firearm or other weapon
or any trap, net, poison, material or
article, or, subject to
subsection (2) to (8) inclusive, any vehicle,
aircraft, boat or other
conveyance with which the offence was
committed, or which was used in,
or for the purpose of, or in relation
to, or in connection with, the
commission of the offence, to be
forfeited without compensation
and shall order the same to be
disposed of as the Authority
considers fit:
Provided that in relation to an
offence to which sections one
hundred and
thirty-three, one hundred and thirty-four or subsection 2)
of section one hundred and
thirty-six applies, the court shall in every
case, order the forfeiture of the
wild animal, meat of the wild animal
or any trophy or any firearm or
any other weapon or any tent or
dazzling light which was the
subject of the offence or with which the
offence was committed as the case
may be, or which was used in or
for the purposes of, or in
relation to, or in connection with, the
commission of the offence.
(2) Where the prosecution request
a declaration of
forfeiture under subsection (1)
in respect of any vehicle, aircraft, boat
or other conveyance, the court
shall make an order (hereinafter
referred to as a condition
order), to the effect that unless any person
other than the convicted party
claims, under this section, any right of
ownership in the vehicle,
aircraft, boat or other conveyance within
three months of the date referred
to in subsection (5), the prosecution
may apply to the court ex
parte for a declaration for forfeiture under
subsection (1), and the court
shall make the declaration.
(3) Upon the making of a
conditional order under
subsection (2), the Director-General
shall, within one month
thereafter, cause to be published
in the Gazette and in at least one
issue of a newspaper in general
circulation in the place where the
offence was committed, a notice
of the making of the order, which
notice shall be in the form
prescribed, or , if no such form is
prescribed, in a form approved by
the court.
(4) If under any written law
requiring the registration of
the vehicle, aircraft, boat or
other conveyance referred to in
subsections (1) and (2), the
vehicle, aircraft, boat or other conveyance
is registered in Zambia in the
name of any person other than the
Destruction of game
pits, etc. on
conviction
Forfeiture
provisions on
conviction
ZAMBIA WILDLIFE
ACT, 1998
70
person convicted, the
Director-General shall, within seven days after
publication of the notice in the Gazette
cause a copy to be sent by
registered post in a sealed
envelope addressed to the person at the
address appearing on the
register, and the certificate of registration of
the letter shall be conclusive
evidence of service of the notice upon
such pe
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