Thursday, October 18, 2012

ZAWA ACT


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
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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
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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
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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
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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
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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
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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
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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
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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
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“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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