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

10

Operations Directed at Illegal Trade in Wild Fauna and Flora;

to repeal the National Parks and Wildlife Act. 1991; and to

provide for matters connected with or incidental to the

foregoing.

[24th April, 1998

ENACTED by the Parliament of Zambia

PART I

PRELIMINARY

1. This Act may be cited as the Zambia Wildlife Act, 1998 and

shall come into operation on such date as the Minister may, by

statutory instrument, appoint.

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

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

the Aviation Act;

“aircraft” includes all flying machines, aeroplanes, seaplanes,

helicopters, flying boats, and other aircraft designed to be

heavier than air, and includes all airships, microlites, balloons,

kites and other aircraft designed to be lighter than air, whether

captive, navigable or free and whether controlled by a human

agency or not;

“animal” means any vertebrate animal, including any mammal,

bird, reptile and amphibian and the egg of any bird or reptile,

but does not include a fish or a human being;

“appointed date” means the date appointed by the Minister

under section one;

“apprentice professional hunter’s licence” means a licence as

specified in section forty-six;

“appropriate fee” in relation to any licence issued under Part

VII, means, in the case of a licence so issued, the fee

prescribed by regulations made under section thirty-four;

“Authority” means the Zambia Wildlife Authority established

under section four;

“barrier” means an obstruction placed across a street or road

by a wildlife police officer for the purpose of preventing or

detecting an offence relating to wildlife under this Act;

“bird licence” means a licence as specified in section thirtyeight;

Enactment

Short title and

commencement

Interpretation

Cap. 444

ZAMBIA WILDLIFE ACT, 1998

11

“bird sanctuary” means an area declared as a bird sanctuary

under section one hundred and forty-four;

“board” means a community resources board established under

section six;

“capture” includes the taking of eggs or nests;

“client” means any person who is booked on a hunting tour by

a licensed hunting outfitter or a photographic tour operator;

“commercial photographic licence” means a licence specified

under section fifty-five;

“Council” means any city, municipal, township or rural

council established under the Local Government Act;

“court” means a subordinate court or High Court;

“dangerous animal” means an elephant, a rhinoceros, a

hippopotamus, a buffalo, a lion, a leopard or a crocodile;

“Director-General” means the person appointed Director-

General of the Zambia Wildlife Authority under paragraph 8

of the Schedule;

“domestic animal” means any horse, donkey, mule, camel,

cow, sheep, pig, goat, dog, cat or domestic fowl, or any other

animal of whatsoever kind or species and, whether quadruped

or not, which is tame or which has been or is being sufficiently

tamed to serve some purpose for the use of man;

“Environmental Council” means the Council established under

section six of the Environmental Protection and Pollution

Control Act;

“game animal” means any wild animal specified under section

thirty, other than any wild animal specified as a protected

animal;

“Game Management Area” means an area of land declared to

be a Game Management Area under section twenty-six;

“harvest” means non-consumptive and consumptive use of

game, non-game, protected or unprotected animals;

“honorary wildlife police officer” means any person appointed

as such under paragraph 11 of the Schedule;

“hunt” includes to kill, to capture and includes the doing of

any act immediately directed at killing or capturing;

Cap. 281

Cap. 204

ZAMBIA WILDLIFE ACT, 1998

12

“hunting block” means a Game Management Area or an area

within a Game Management Area which has been set aside for

hunting;

“hunting concession” means authority to hunt within a

specified hunting block given by the Authority for a specified

period of time;

“hunting outfitter’s licence” means a licence as specified in

section fifty-three;

“ivory” means elephant ivory and includes any article

manufactured from ivory;

“local community” means the residents within a Game

Management Area or open area other than owners of tourist

and camp lodges or hunting concessions, who by virtue of

their rights over land including under customary land tenure

invest in and derive benefits from the sustainable utilization of

the wildlife resources in their area;

“meat” includes fat, blood or flesh, whether fresh or dried,

pickled or otherwise preserved;

“National Park” means an area of land declared to be a

National Park under section ten;

“non-resident hunting licence” means a licence as specified in

section thirty-six;

“open area” means an area other than a National Park, Game

Management Area, bird sanctuary or wildlife sanctuary where

wild animals are found;

“owner” in relation to land, includes the person or persons

entitled to the immediate and exclusive possession of land

under any right and includes a licensee in lawful occupation of

land under a licence and any person authorised by the owner to

act of behalf of the owner in respect of land during the owner’s

absence from Zambia;

“photographic or viewing safari” means an organised

commercial tour for the purpose of taking photographs of, or

viewing of, wild animals or scenery;

“photographic tour operator’s licence” means a licence as

specified in section fifty-two;

“prescribed trophy” means any ivory or rhinoceros horn or any

other trophy prescribed by regulations made under section

eighty-nine;

ZAMBIA WILDLIFE ACT, 1998

13

“professional guide’s licence” means a licence as specified in

section forty-three;

“proper officer” means:

(i) any wildlife police officer; or

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

Assistant Inspector;

“protected animal” means any wild animal specified as a

protected animal under section thirty;

“public road” has the meaning assigned to it in the Roads and

Road Traffic Act;

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

“resident hunting licence” means a licence as specified in

section thirty-seven;

“restricted professional hunter’s licence” means a licence

specified under section fifty-four;

“road” means any public or other way, capable of being used

by vehicular traffic and to which the public has access, and

includes bridges over which a road passes;

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

“trophy” means any horn, tooth, tusk, bone claw, hoof, skin,

hair, egg, feather or other durable part of any game animal or

protected animal, whether added to or changed by work of

man or not, provided that it is in such form as to be

recognisable as a durable part of a game animal or protected

animal and includes meat;

“trophy dealer” means a person who engages in the buying,

selling or processing of trophies, but does not include a person

who sells, processes or manufactures any article from any

trophy of any game animal or protected animal lawfully

hunted by him under a licence specified in paragraphs (a), (b),

(c) and (d) of section thirty-three;

“trophy dealer’s permit” means a permit to engage in the

business of a trophy dealer under section eighty-seven;

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

dead;

“village scout” means a person employed by a board to enforce

this Act within a Game Management Area under the

jurisdiction of the board;

Cap. 464

Cap. 201

ZAMBIA WILDLIFE ACT, 1998

14

“wild animal” means any animal ferae naturae, and includes

any game or protected animal, but does not include any

domestic animal;

“wildlife” means wild animals or species of birds which are

found in Zambia in a wild state and vegetation which is

indigenous to Zambia and grows naturally without cultivation;

“wildlife police officer” means any officer appointed under

paragraph 22 of the Schedule; and

“wildlife sanctuary” means an area declared as a wildlife

sanctuary under section one hundred and forty-four.

3. (1) Subject to the other provisions of this Act, the absolute

ownership of every wild animal within Zambia is hereby vested in the

President on behalf of the Republic:

Provided that:

(i) where any wild animal, which is not a game animal or a

protected animal, is captured or killed or otherwise reduced

into possession by any person in accordance with this Act, the

absolute ownership of that animal or of the carcass of that

animal, as the case may be, is hereby transferred to and vested

in such person;

(ii) where any game animal or protected animal is lawfully

captured or killed or otherwise reduced into possession by any

person in terms of a licence issued under paragraphs (a), (b),

(c) and (h) of section thirty-three or under any authority

granted under this Act, the absolute ownership of the game

animal or protected animal or of the carcass or any trophy of

those animals, is, subject to the other provisions of this Act

and to the terms and conditions of the licence or authority, as

the case may be, hereby transferred to, and shall vest in, the

licensee under the licence or the person so authorised, as the

case may be;

(iii) where any wild animal is found resident on any land, the right

to harvest such animal shall, subject to such regulations as the

Minister may, on the advice of the Authority, prescribe, vest

absolutely in the owner of such land.

(2) Notwithstanding subsection (1), the absolute ownership

of any wild animal, which has been captured or reduced into

possession by any person prior to the commencement of this Act,

subject to any other written law in force on the date of the capture of

the animal or of its reduction into possession, is hereby declared to be

vested in the person, who, on the commencement of this Act, whether

directly or through an agent, is in actual lawful possession of the

animal.

Ownership of

wild animals

ZAMBIA WILDLIFE ACT, 1998

15

(3) Except as provided by subsection (1), nothing in this

section shall be deemed to transfer to any person the ownership of any

game animal or protected animal which is found dying or dead, or of

any found carcass, part of a carcass, trophy or meat or any game

animal or protected animal.

(4) Notwithstanding any other provisions of this section, if

any person hunts or reduces into possession any game animal or

protected animal in contravention of this Act, the absolute ownership

of that game animal or protected animal or of the carcass or any

trophy of the animal shall not be transferred, or be deemed to have

been transferred, to that person or to any other person by reason of its

having been so hunted or reduced into possession.

(5) The Authority may, in writing, transfer to any person

the absolute ownership of any game animal or protected animal which

has been hunted or reduced into possession by any other person in

contravention of this Act, and such other person shall forthwith

deliver up the game animal or protected animal or the carcass of the

animal together with every trophy of the animal to the person to whom

the ownership has been transferred in terms of this subsection.

PART II

THE ZAMBIA WILDLIFE AUTHORITY

4. (1) There is hereby established the Zambia Wildlife

Authority which shall be a body corporate with perpetual succession

and a common seal, capable of suing and being sued in its corporate

name, and with powers, subject to the other provisions of this Act, to

do all such acts and things as a body corporate may by law do or

perform and as are necessary for, or incidental to, the carrying out of

its functions under this Act.

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

Authority.

5. (1) Subject to the other provisions of this Act, the

functions of the Authority shall be:

(a) to control, manage, conserve, protect and administer

National Parks, bird sanctuaries, wildlife sanctuaries

and Game Management Areas and coordinate activities

in such areas;

(b) in partnership with local communities, to share the

responsibilities of management in Game Management

Areas;

(c) to adopt methods to ensure the sustainability,

conservation and preservation in the natural state of

eco-systems and bio-diversity in the National Parks,

Establishment of

Authority

Functions of

Authority

ZAMBIA WILDLIFE ACT, 1998

16

Game Management Areas, bird sanctuaries and wildlife

sanctuaries;

(d) to encourage the general development of National

Parks, bird sanctuaries, wildlife sanctuaries and Game

Management Areas including the development of

facilities and amenities within these areas in

accordance with management plans of a National Park,

bird sanctuary, wildlife sanctuary or Game

Management Area;

(e) to sensitise and educate the general public on the

necessity of wildlife conservation, and the importance

of wildlife to foster appreciation of the economic and

aesthetic value of wildlife as natural assets;

(f) to undertake measures that will ensure the proper

balance between the sustainable use of wildlife and the

management of eco-systems in National Parks, bird

sanctuaries, wildlife sanctuaries and Game

Management Areas;

(g) to enhance the economic and social well-being of local

communities in Game Management Areas;

(h) to prepare and implement management plans for

National Parks, Game Management Areas, bird

sanctuaries and wildlife sanctuaries in consultation

with local communities;

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

(j) in partnership with local communities, to grant hunting

concessions to hunting outfitters and photographic tour

operators in Game Management Areas;

(k) to assist and advise the boards registered under section

six in the management of human and natural resources

in Game Management Areas and open areas which fall

under their jurisdiction;

(l) to formulate and advise the Minister on the regulations

for the process of preparing the implementing

management plans for National Parks, bird sanctuaries,

wildlife sanctuaries and Game Management Areas;

(m) to ensure the systematic management of financial,

human and natural resources for the conservation of

wildlife so that the abundance and diversity of species

is maintained at optimum level;

(n) to advise the Minister on the regulations required to

conserve, protect and manage wildlife in National

ZAMBIA WILDLIFE ACT, 1998

17

Parks, Game Management Areas, open areas, bird

sanctuaries, wildlife sanctuaries and on private game

ranches;

(o) to pay out such money into a fund established by a

community resources board from revenues payable

under this Act in respect of licences issued,

concessions granted and services rendered from the use

of wildlife resources within an areas of a board as the

Minister shall prescribe by regulations after

consultations with the Authority; and

(p) to carry out any other activities relating to wildlife

which are necessary or conductive to the performance

of its functions under this Act.

(2) Notwithstanding subsection (1):

(a) the Authority may delegate to any member of the

Authority, to any committee of the Authority, to the

Director-General or to any board, any of its functions

under this Act; and

(b) the Director-General may delegate the functions of

office to any proper officer or any board subject to the

terms and conditions of the instrument of delegation

from the Authority.

PART III

COMMUNITY RESOURCES BOARDS

6. (1) A local community along geographic boundaries

contiguous to a chiefdom in a Game Management Area or an open

area or a particular chiefdom with common interest in the wildlife and

natural resources in that area, may apply to the Authority for

registration as a community resources board.

(2) The Authority shall register as a board, a local

community which, in addition to the pre-requisites described in

subsection (1), meets the requirements of subsection (3) and shall, in

consultation with that board, develop management plans for the Game

Management Area or open area or any part thereof which is under its

jurisdiction.

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

(a) not more than ten but not less than seven

representatives from the local community who shall be

elected by the local community;

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

Community resources

boards

ZAMBIA WILDLIFE ACT, 1998

18

(c) a representative of a chief in whose area a board is

established to represent that chief.

(4) Notwithstanding subsection (2) a board may invite any

person, whose presence is, in its opinion, desirable, to attend and to

participate in the deliberations of a meeting of the board, but such a

person shall not vote on any matter.

(5) A chief in whose area a board is established shall be a

patron of that board.

(6) The Minister may, in consultation with the Authority

and the particular board, determine the allowances and honorarium

which shall be payable to a chief referred to in subsection (5).

(7) The Authority shall, in consultation with the Minister

and majority of the members of the local community represented by

that board:

(a) if satisfied that a board is no longer able to perform its

functions under this Act, dissolve that board; or

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

de-register that board.

(8) Subject to the other provisions of this Act, a board may

regulate its own procedure:

Provided that the board shall cause minutes to be kept of the

proceedings of every meeting of the board.

(9) The board may convene any meeting at any time for

the conduct of its business under this Act.

7. (1) The functions of a board shall be to promote and

develop an integrated approach to the management of human and

natural resources in a Game Management Area or an open area falling

within its jurisdiction.

(2) Without prejudice to the generality of subsection (1), a

board shall have power to:

(a) negotiate, in conjunction with the Authority, comanagement

agreements with hunting outfitters and

photographic tour operators;

(b) manage the wildlife under its jurisdiction, within

quotas specified by the Authority;

(c) appoint village scouts to exercise and perform the

duties of a wildlife police officer under the supervision

Functions of community

resources board

ZAMBIA WILDLIFE ACT, 1998

19

of a wildlife police officer in the area falling under the

board’s jurisdiction;

(d) in consultation with the Authority, develop and

implement management plans which reconcile the

various uses of land in areas falling under the board’s

jurisdiction;

(e) perform such other functions as the Authority or

Director-General may direct or delegate to it.

(3) The preparation and implementation of management

plans in Game Management Areas and open areas shall be in

accordance with such regulations as the Minister may, in consultation

with the Authority, prescribe.

8. (1) There shall be a secretariat for each board which shall

consist of such properly qualified officers as the board may appoint, on

such terms and conditions, as it may determine.

(2) The Authority may, in consultation with a board,

second officers to the board.

9. (1) A board shall establish a fund to enhance the economic

and social well-being of the local community within the area described

in section six.

(2) In addition to the revenues referred to in paragraph (o)

of subsection (1) of section five, there shall be paid into the fund of a

board such moneys as the board may:

(a) with the approval of the Authority, accept by way of

grants and donations from any source within Zambia;

and

(b) with the approval of the Minister, accept by way of

grants and donations from any source outside Zambia.

(3) A board shall cause to be kept proper books of account and

other records relating to its accounts.

(4) The accounts referred to in sub-section (3) shall be open for

inspection by the Authority, the Director-General or any other member

of that local community.

(5) A board shall, not later than ninety days after the end of the

financial year, submit to the Authority, through the Director-General:

(a) an audited balance sheet;

(b) an audited statement of income and expenditure; and

Secretariat of

community resources

board

Financial

provisions

ZAMBIA WILDLIFE ACT, 1998

20

(c) a report concerning its activities during that financial

year.

(6) Any person who misuses any money belonging to a board

shall:

(a) be liable to a surcharge; and

(b) be guilty of an offence and be liable, upon conviction,

to a fine not exceeding fifty thousand penalty units or

to a term of imprisonment not exceeding twelve

months or to both.

(7) A board shall submit half yearly reports to the Director-

General.

(8) The accounts of a board shall be audited annually by

independent auditors appointed by the board with the approval of the

Authority.

PART IV

NATIONAL PARKS

10. Whenever the President is of the opinion that the conservation

or protection and enhancement of wildlife, eco-systems, biodiversity

and natural beauty so demands, the President may, after consultation

with the Authority and the local community in the area, by statutory

order, declare any area of land within the Republic to be a National

Park for the purposes of this Act and may, in like manner define, alter

or extend the limits of any National Park.

11. (1) Where any person has any right in or over any land

which is included in any area subject to an order made under section

ten, that land may, for the purpose of the extinguishment of such right,

be acquired by the President in accordance with the Lands Acquisition

Act.

(2) For the purposes of this section, the term “right in or

over any land” shall be construed as including any right of way

easement, franchise, profit, claim, privilege, exemption or immunity

of any person in, over or under such land, but shall not include any

mining rights, or any communal fishing right enjoyed under

customary law by any person or body of persons.

12. Notwithstanding the provisions of this Act, A National Park

established under the repealed Act shall continue to exist as if

established under this Act.

Declaration of

National Parks

Effect of orders and

acquisition of lands

Cap. 189

Continuation of

existing National Park

ZAMBIA WILDLIFE ACT, 1998

21

13. (1) Nothing in this Act shall be construed as preventing or

restricting the granting in respect of any land within a National Park:

(a) of any mining right, or other right, title, interest or

authority necessary or convenient for the enjoyment of

a mining right;

Provided that a mining right shall not be granted in a

National Park or adjoining Game Management Area

without an environmental impact assessment conducted

in accordance with procedures specified by the

Environmental Council under the Environmental

Protection and Pollution Control Act and which

procedures shall take into account the need to conserve

and protect:

(i) the air, water, soil, flora, fauna, fish, fisheries

and scenic attractions in or on the land over

which the right is sought; and

(ii) the features of cultural, architectural,

archaeological, historical or geological interest

in or on the land over which the right is sought;

or

(b) for any purpose not inconsistent with this Act, of any

right, title, interest or authority under any written law.

(2) The exercise of any mining right in respect of any land

comprised in a National park, shall be subject to section twenty-four.

(3) The exercise of any right, title, interest or authority

granted under paragraph (b) of subsection (1) shall be subject to any

conditions with the Authority may impose.

14. (1) The Minister may, on recommendation of the Authority

and after consultation with the Minister responsible for transport, by

statutory instrument, provide for:

(a) the control and regulation of traffic on or over public

roads within any National Park, and such regulations

may specify the speed limits to be observed over

specified part of such public roads;

(b) the points on public roads at which persons or vehicles

may enter or leave any National Park and the routes

along such public roads which they may follow in

passing through or over the National Park.

(2) Any regulations made under subsection (1) may

prescribe penalties for any contravention of such regulations, of a fine

not exceeding one thousand penalty units or imprisonment for a term

not exceeding six months, or to both.

Grant of mining and

other rights in National

Park

Cap. 204

Traffic on public

roads in National Park

ZAMBIA WILDLIFE ACT, 1998

22

(3) The Director-General may, with the approval of the

Authority and after consultation with the relevant highway authority,

cause traffic signs or signals to be placed and maintained on or near

any public road within any National Park, and the instructions

conveyed by any such traffic sign shall, in relation to any public road

within any National Park, prevail over any contrary instructions

appearing on any other traffic sign or signal.

(4) Subsections (8), (9) and (10) of section twenty-five of

the Roads and Road Traffic Act shall apply, with the necessary

modifications, in respect of any traffic sign or signal placed on or near

any public road under subsection (3).

(5) The Director-General or any wildlife police officer or

honorary wildlife police officer may, whenever they think it necessary

so to do, cause any person or any vehicle using any public road within

or leading to, or from, any National Park to stop for search,

examination or questioning for the purposes of the enforcement of this

Act; and may for such purposes erect and control barriers or check

points on any such public road.

(6) Any person who fails to comply with any order or

direction to stop, or who fails to stop at any barrier or check point

erected in terms of subsection (5), shall be guilty of an offence.

15. (1) Any person who, except in accordance with This Act,

enters into or resides in, or purports to enter into, or reside in, a

National Park shall be guilty of an offence.

(2) This section shall not apply to:

(a) any member of the Authority in connection with the

duties of that member under this Act;

(b) any proper officer or public officer on specified duties

requiring the presence of that officer in a National

Park;

(c) any honorary wildlife police officer who is entitled to

be present in a National Park under the terms of the

instrument appointing the officer;

(d) any person travelling through a National Park along a

public road within the confines of the road reserve;

(e) any person in possession of a permit and the

dependants of that person, to so enter or reside, issued

by the Director-General or by any other officer duly

authorised in writing by the Director-General to issue

such a permit;

Cap. 464

Restrictions on entry

into or residence in

National Park

ZAMBIA WILDLIFE ACT, 1998

23

(f) any person who enters a National park under section

twenty-four;

(g) the servants of persons in paragraphs (e) and f) above,

inclusive;

(h) any person admitted under any regulation made under

section twenty-five; and

(i) any person who enters a National Park as part of his

official duties for a board registered under section six:

Provided that the persons in paragraphs (f) to (h), inclusive, shall be

subject to any relevant regulations made under section twenty-five and

to any regulation providing for the payment of any charge or fee for

permission to enter or reside in a National Park or for the admission of

a motor car of other vehicle into a National Park.

16. (1) Any person who, without a permit so to do issued

under subsection (2) or (3), hunts, or disturbs any wild animal or fish,

or who disturbs any birds’ nests in a National Park or who removes

any wild animal, fish, bird’s nest, stone, vegetation or other object

whether animate or inanimate from a National Park shall be guilty of

an offence.

(2) The Director-General , or any wildlife police officer

duly authorised in writing by the Director-General, may issue a permit

to any person to fish in a National park and shall impose such

conditions upon the use of the permit as the Authority may consider

expedient or necessary.

(3) If the Authority is satisfied that any wild animal within

a National park should be hunted for the better preservation of other

animal life, or for other good and sufficient reason, it may direct the

Director-General to issue a permit to any person authorising that

person, under the direction of the Director-General, to hunt the animal

within the National park.

(4) Any permit issued under subsection (3) shall specify

the species and number of wild animals which may be hunted under

the permit.

(5) The Director-General may with the approval of the

Authority, at any time, revoke or cancel any permit issued under

subsection (2) or (3).

17. (1) Any person who, without a permit so to do issued

under subsection (2), or who, in breach of any express condition of

any permit, or in breach of any regulation made under this Act,

conveys into any National park, or being within the confines of a

National Park is in possession of, carries or uses for any purpose, any

Prohibition of hunting,

etc. in National Park

ZAMBIA WILDLIFE ACT, 1998

24

firearm, spear, bow, arrow or other weapon, explosive, snare, net trap

or poison shall be guilty of an offence.

Provided that, subject to any regulations in that regard made under this

Act, any person while travelling through any National park on a public

road may convey into and through the National Park in the course of

such journey any firearm, spear, bow, arrow, or other weapon or any

explosive, snare, net trap or poison, as the case may be.

(2) The Director-General, or any wildlife police officer

duly authorised in writing by the Director-General, may, subject to

such conditions as the Director-General considers fit, issue a permit to

any person to convey into any National park, or, within the confines of

any National Park, to possess, carry or use, for any purpose expressly

stated in such permit, any firearm, spear, bow, arrow or other weapon

or any explosive, snare net, trap or poison, as the case may be, and that

permit shall be valid for the period expressed in it.

(3) This section shall not apply to any wildlife police

officer, honorary wildlife police officer, village scout or other police

officer acting in the performance of duties under this Act or any other

written law.

18. (1) Any person who, without the consent of the Director-

General or without just cause or excuse, drives, conveys or introduces

any wild animal into a National Park or drives or conveys any wild

animals out of a National Park, shall be guilty of an offence.

(2) If any wildlife police officer, village scout or honorary

wildlife police officer finds within the confines of any National Park

any wild animal which was driven, conveyed or introduced into the

National Park in contravention of subsection (1), the officer or village

scout may destroy the animal.

19. (1) Any person, being the owner of any domestic animal or

the person in charge or control of it, who, without the consent of the

Director-General or without just cause or excuse:

(a) drives, conveys or introduces the domestic animal into

any National Park or causes or permits that animal to

be so driven, conveyed or introduced into any National

Park;

(b) permits or suffers the domestic animal to stray into or

within the confines of any National Park; or

(c) permits or suffers the domestic animal to worry, harass

or otherwise interfere with any wild animal within the

confines of any National Park;

shall be guilty of an offence.

Prohibition of

introduction of wild

animals into National

Park

Prohibition of domestic

animals in National Park

ZAMBIA WILDLIFE ACT, 1998

25

(2) Upon the conviction of any person for an offence under

this section, the court may, at the request of the prosecution and in

addition to any other penalty impose, declare the domestic animal to

be forfeited or order it to be destroyed without compensation; or may

both declare it to be so forfeited and order it to be so destroyed

without compensation.

(3) Notwithstanding subsection (2), any wildlife police

officer, honorary wildlife police officer or village scout who discovers

any dog worrying, harassing or otherwise interfering with any wild

animal within the confines of any National Park may destroy the dog,

and the owner of it shall not be entitled to any compensation whether

convicted or not of an offence under this section.

20. (1) Any person who, without the consent of the Director-

General, brings any vegetation or causes any vegetation to be brought

into any National Park shall be guilty of an offence.

(2) If any wildlife police officer, honorary wildlife police

officer or village scout finds within the confines of any National Park

any vegetation which was brought into the National Park in

contravention of subsection (1), the officer may destroy the

vegetation, or order it to be so destroyed.

21. Except as is otherwise provided by this Act, any person who,

without the consent of the Director-General, removes any wild animal

whether alive or dead or any trophy or any vegetation, from any

National Park, or causes or permits the same to be so removed, shall

be guilty of an offence.

22. Except as is otherwise provided by this Act, any person who,

without the consent of the Director-General, removes from, or

damages within, any National Park any object of geological,

prehistoric, archaeological, historical or scientific interest, or who

causes or permits any such object to be so damaged or removed, shall

be guilty of an offence.

23. Except as is otherwise provided by this Act, any person who,

without just cause or excuse, is in possession of, mills, injures,

captures or disturbs, any wild animal or removes or destroys any egg

or any nest or habitat of any bird or reptile or fish within the confines

of any National Park, shall be guilty of an offence.

24. (1) Any person who holds any mining rights in, over,

under or in respect of any land comprised in a National Park, may

enter and exercise the same within the National Park upon his giving

prior written notice to the Director-General of his intention to so enter

Prohibition of introduction

of vegetation into National

Park

Prohibition of removal of

wild animals or vegetation

from National Park

Prohibition of damage or

removal of object of

geological, historical, etc.

from National Park

Prohibition of killing,

injuring or capturing of

wild animals or birds

within National Park

Restriction on exercise

of mining rights within

National Park

ZAMBIA WILDLIFE ACT, 1998

26

the National Park and to so exercise his right in it and upon

compliance with any conditions which the Authority may impose:

Provided that the Authority shall not impose any condition

inconsistent with the nature of any mining right held by the person.

(2) Without prejudice to the generality of the powers to

impose conditions under this section, the Authority may impose

conditions as to the exercise of any mining rights in accordance with

the measures specified under an environmental impact assessment

approved by the Environmental Council including the number of

persons to be employed within a National Park and the conditions to

be observed by such persons.

(3) Any person to whom subsection (1) applies, who

entrees any National Park without first giving notice to the Director-

General or who fails to comply with any condition imposed by the

Authority under subsection (1), and any person who fails to comply

with any condition required under subsection (2) to be observed by

that person, shall be guilty of an offence, and shall be liable, upon

conviction, to a fine not exceeding twenty-eight thousand penalty

units or to imprisonment for a term not exceeding six months, or to

both.

25. (1) The Minister may, in consultation with the Authority,

by statutory instrument, make regulations for:

(a) the conditions under which any person, vehicle, boat,

aircraft or animal may enter into, travel through, reside

or be kept, as the case may be, within a National Park

or any part of the National Park.

(b) the conditions under which any building, lodges, or

aerodromes may be constructed within a National Park.

(c) the conditions under which a person travelling through

or within a National park on a public road may have in

that person’s possession or under the control of that

person any firearm or other weapon, ammunition,

explosive, game meat, trophy, trap or poison;

(d) the conditions under which any wild animal or species

of wild animal may be photographed within any

National Park;

(e) the regulation or prohibition of the lighting of fires

within any National Park.;

(f) the conditions under which any domestic animal may

be brought into, or maintained within a National Park,

or the prohibition thereof, and may prescribe fees to be

Regulations in relation

to National Parks

ZAMBIA WILDLIFE ACT, 1998

27

charged for the bringing of any such domestic animal

into a National Park;

(g) the prohibition or control of the bringing of any wild

animal into a National Park;

(h) the prohibition or control of the introduction into, the

cutting or damaging within, or the removal from, any

National Park of any vegetation whether alive or dead;

(i) the prohibition or control of destruction, damaging,

defacing or removal of anything, whether animate or

inanimate, within or from a National Park;

(j) the scales of charges for entry into a National Park or

any part of it and fees for any services and amenities

provided by the Authority for the general public in a

National Park;

(k) the fees for fishing and the conditions under which a

person may fish within a National Park;

(l) the prohibition or control of the low flying of aircraft

over a National Park;

(m) the rules of conduct and behaviour of persons while

within a National Park;

(n) the regulation of traffic on roads other than public

roads, within a National Park;

(o) the carriage of passengers and goods within a National

Park, whether for hire or otherwise;

(p) the points at which persons or vehicles may enter or

leave and the routes by which they may pass through or

over a National Park on roads other than public roads;

(q) without prejudice to the provisions of the Trades

Licensing Act, the Hotels Act, the Tourism Act and the

Casino Act, the prohibition, control or regulation of

any trade or business carried on within any National

Park; and

(r) generally, for the efficient control and management of

a National Park.

(2) In making regulations under subsection (1), the

Minister on the advice of the Authority, may deal differently within

different National Parks and categories of businesses and premises.

(3) Any regulation made under this section may prescribe

for any breach of the regulations a fine not exceeding ten thousand

Cap. 393

Cap. 153

Cap. 155

Cap. 157

ZAMBIA WILDLIFE ACT, 1998

28

penalty units or imprisonment for a term not exceeding six months, or

to both.

PART V

GAME MANAGEMENT AREAS

26. (1) The President may, after consultation with the

Authority and the local community, by statutory order, declare any

area of the land within the Republic to be a Game Management Area

for the sustainable utilisation of wildlife and for the purposes of this

Act, and may, in like manner, define or alter or extend the limits of

any such area or order any such area to cease to be a Game

Management Area:

Provided that if any land within any declared or extended

Game Management Area is held under a leasehold title that land shall

not, except with the written consent of the occupier, be affected by the

declaration or extension and shall be deemed to be excluded from it.

(2) Upon application made to the Director-General in

writing by the occupier of any land held under a leasehold title, the

Authority may recommend to the President that such land be declared

to be, or be included within, a Game Management Area under

subsection (1).

(3) Notwithstanding the provisions of any other written

law, the terms and conditions of granting leasehold title to any person

within a Game Management Area, shall be subject to the approval of

the Authority.

27. Notwithstanding the provisions of this Act, a Game

Management Area established under the repealed Act shall continue to

exist as if established under this Act.

28. Any person who settles or lives in a Game Management Area

shall conform to provisions of a management plan developed by an

appropriate board under paragraph (2) of section seven.

29. Except as is otherwise provided by this Act, any person who,

not being the holder of a licence issued under paragraph (a), (b), (c)

and (h) of section thirty-three relevant to such hunting, hunts any

game or protected animal in any Game Management Area shall be

guilty of an offence and shall be liable, upon conviction, to a fine not

exceeding twenty-five thousand penalty units or to imprisonment for a

term not exceeding five years, or to both.

Declaration of Game

Management Areas

Continuation of existing

Game Management Areas

Settlement in Game

Management Areas

Restriction on hunting

wild animals in Game

Management Areas

ZAMBIA WILDLIFE ACT, 1998

29

PART VI

GAME ANIMALS AND PROTECTED ANIMALS

30. (1) For the purposes of this Act, the Minister shall, in

consultation with the Authority, and on the advice of any board, by

statutory order, specify, including by scientific name, any wild animal

as a game animal or protected animal and in like manner specify any

game animal as a protected animal.

(2) A game animal shall be specified as a protected animal

under this section:

(a) to preserve a viable population of the species when it

becomes rare, threatened or endangered;

(b) for its role in the maintenance and assessment of the

health of an eco-system; or

(c) for its economic significance in a local or national

economy.

(3) Where the Minister specifies any wild animal as a protected

animal under an order made under subsection (1), the order may:

(a) prohibit or regulate the hunting of any protected animal

either generally or during a specified period and

whether throughout the Republic or in a specified area

of the Republic; or

(b) apply to all wild animals within the area specified or to

any wild animal or species, class or variety of a class of

wild animal specified in the order and may make

different provisions for different sexes of the specified

wild animal.

(4) Except as otherwise provided by this Act, any person who

hunts or is found in circumstances showing that it is his intention to

hunt any protected animal shall be guilty of an offence.

31. Except as is otherwise provided by this Act, any person who

hunts any game animal or protected animal, except under or in

accordance with the conditions of a valid licence issued under Part

VII, shall be guilty of an offence.

32. (1) Any person who has reasonable grounds to believe that

any proposed or existing government plans or activity of the

Government or any other organisation or person may have an adverse

effect on any wildlife species or community in a National Park, Game

management Area or open area, such person may request the

Authority through the Director-General that a wildlife impact

assessment be conducted.

Game and protected

animals

Restriction on hunting

game or protected

animals

Wildlife impact

assessments

ZAMBIA WILDLIFE ACT, 1998

30

(2) Whenever the Authority receives such a request, it may

within thirty days of receipt thereof require the Government,

organisation or person to conduct the assessment in accordance with

the procedures specified by the Environmental Council under the

Environmental Protection and Pollution Control Act taking to account:

(a) existing or anticipated impacts upon wildlife, including

an account of the species, communities and habitats

affected and the extent to which they are or may be

threatened; and

(b) any endangered or endemic species which are or may

be affected.

PART VII

LICENCES

33. The following classes of licences may be issued under this

Part:

(a) non-resident hunting licence;

(b) resident hunting licence;

(c) bird licence;

(d) professional hunter’s licence;

(e) apprentice professional hunter’s licence;

(f) professional guide’s licence;

(g) apprentice professional guide’s licence;

(h) special licence;

(i) photographic tour operator’s licence;

(j) hunting outfitter’s licence;

(k) restricted professional hunter’s licence; and

(l) commercial photographic licence.

34. (1) The Minister may, in consultation with the Authority,

by statutory instrument, prescribe:

(a) the form of, and the terms and conditions attaching to,

each class of licence;

(b) the species, or variety of species or the sex of game

animal or protected animal which may be hunted under

each class of licence, and in such regulations may make

provision for the method of hunting to be employed by

virtue of each licence, the number of game animals or

protected animals of each prescribed species, variety or

sex which may be so hunted, the area or areas in which

Cap. 204

Licences

Power of Minister to

regulate

ZAMBIA WILDLIFE ACT, 1998

31

each such licence shall be valid, the time or times of

the year during which any specified species, variety or

sex of game animal or protected animal may be hunted

pursuant to the licence and the validity of each licence;

and

(c) the appropriate fee payable in respect of each class of

licence issued under this Part.

(2) The Minister may, on the advice of the Authority,

make different provisions for different areas and for different species,

varieties and sexes of game animals or protected animals.

(3) For the purpose of this section, the term “prescribed

qualifying conditions” means such conditions as the Minister may, on

the advice of the Authority, prescribe under paragraph (a) of

subsection (1).

35. (1) Except as is otherwise provided by this Act, any

licence issued under this Part shall be used solely by the licensee and

shall not be transferable to any other person.

(2) Any person who transfers any licence issued to him or

accepts the transfer of any licence to him shall be guilty of an offence.

36. (1) Upon application by any person to the Director-

General in the prescribed form and upon payment of the appropriate

fee, the Director-General may issue to such person a non-resident

hunting licence.

(2) Subject to the other provisions of this Act and the terms

and conditions prescribed for a non-resident hunting licence, such a

licence shall be issued to a client of a licensed hunting outfitter’s and

shall authorise the licensee to hunt such animal as is specified in the

licence and in the numbers stated in the licence.

37. (1) Upon application by any person to the Director-

General in the prescribed form and upon payment of the appropriate

fee, the director-general may issue to such person a resident hunting

licence.

(2) Subject to the other provisions of this Act and to the

terms and conditions prescribed for a resident hunting licence, such a

licence shall be issued to any person who is not a client of a licensed

hunting outfitter and shall authorise the licensee to hunt such animal

as is specified in the licence and in the numbers stated in the licence.

(3) The Director-General may, by way of endorsement on

any resident hunting licence issued under this section, authorise the

Licences not

transferable

Non-resident

hunting licence

Resident hunting

licence

ZAMBIA WILDLIFE ACT, 1998

32

holder of a resident hunting licence to employ for reward or otherwise,

any other person to hunt or assist in hunting, on behalf of a licensee,

any animal specified in the licence:

Provided that the Director-General’s endorsement under this

subsection shall not be unreasonably withheld.

(4) It shall not be essential that any person employed under

subsection (3) be the holder of a licence under this Part.

38. (1) Upon application to the Director-General in the

prescribed form and upon payment of the appropriate fee, the

Director-General may issue to such person a bird licence.

(2) Subject to the other provisions of this Act and to the

terms and conditions prescribed for a bird licence, such a licence shall

authorise the licensee to hunt such birds as are prescribed in the

licence and in the numbers stated in the licence.

39. Any person who applies to the Director-General for, or who

obtains from the Director-General, a non-resident hunting licence, a

resident hunting licence or a bird licence while holding a subsisting

valid non-resident hunting licence, resident hunting licence or a bird

licence, shall be guilty of an offence.

40. (1) Notwithstanding any other provision of this Act, the

Minister may, upon such terms and conditions as the Minister may

impose, issue a special licence to:

(a) any person or body of persons or other such

institutions, authorising that person or them, for

purposes of scientific research or the collection of

specimens for zoological gardens, museums or

education, to hunt in any stated area or part of the

Republic such game animal or protected animal as may

be specified in the licence;

(b) any person authorising the person to hunt in any stated

National Park or Game Management Area such game

animal or protected animal as may be specified in the

licence;

(c) any owner of a licence authorising the licensee to rear

any wild animal and for such purposes to capture for

rearing or hunt in any stated area or part of the republic

such game animal or protected animal as may be

specified in the licence; or

Bird licence

Prohibition of holding

more than one nonresident

hunting licence,

resident hunting licence

and bird licence

Special licence

ZAMBIA WILDLIFE ACT, 1998

33

(d) any chief or other person approved by the Minister,

authorising the chief or that person to hunt, in any

stated area or part of the Republic, such game animal

or protected animal as may be specified in the licence.

(2) Subject to the other provisions of this Act and to the

terms and conditions as stated in a special licence including the

payment of such fee as the Minister may determine, such a licence

shall authorise the licensee to hunt within specified areas or parts of

the Republic, game animals or protected animals, in the number stated

in such licence and for such period as the Minister may determine.

41. (1) The Director-General may, by way of endorsement on

any special licence issued under this part, authorise the holder of a

special licence to employ for reward or otherwise, any other person to

hunt or to assist in hunting, on behalf of the licensee, any game animal

or protected animal specified in the special licence.

(2) It shall not be essential that any person employed as

provided by subsection (1) by the holder of a licence under this Part.

42. In the event of any person, employed by a licensee under a

special licence or a resident hunting licence, committing, during and

in the course of such employment, any offence under this Act or

contravening any of the terms or conditions of the licence, the licensee

under the special licence or resident hunting licence shall be guilty of

the same offence as that of which the employed person shall be guilty,

and the licensee may be joined as defendant with the employed person

in any prosecution brought against the employed person for that

offence.

43. (1) Upon application to the Director-General in the

prescribed form by any person who complies with the prescribed

qualifying conditions, and upon payment of the appropriate fee, the

Director-General may issue to such person a professional hunter’s

licence.

(2) the appropriate licence fee for a professional hunter’s

licence shall be payable to the Authority.

44. Subject to the other provisions of this Act and to the terms and

conditions prescribed for a professional hunter’s licence under this

Part, such a licence shall be in the prescribed form and shall authorise

the licensee to carry on business as a professional hunter and, while

accompanied by a bona fide client, to hunt such animals as are

specified in the licences issued to such bona fide client and in the

numbers so prescribed.

Power of Authority to

authorise licensee under

special licence to

employ others to hunt

Special licensee or

resident hunting

licensee jointly liable

for offences of

employee

Issue of

professional

hunter’s licence

Professional

hunter’s licence

ZAMBIA WILDLIFE ACT, 1998

34

45. Any person, not being the licensee under a valid and subsisting

professional hunter’s licence who:

(a) carries on business as a professional hunter;

(b) holds himself out to the general public to be a

professional hunter;

(c) advertises himself publicly, by any means, as a

professional hunter;

(d) solicits from any person any contract or commission to

act in the capacity of a professional hunter for such

person or for any other person; or

(e) except as provided by sections thirty-seven and fortyone,

for gain or reward assists any other person in the

hunting of any game animal in a capacity other than as

a tracker, gun-bearer or beater as provided by section

sixty-five;

shall be guilty of an offence.

46. (1) Upon application to the Director-General in the

prescribed form by any person who complies with the prescribed

qualifying conditions and on payment of the appropriate fee, the

Director-General may issue to that person an apprentice professional

hunter’s licence.

(2) The appropriate fee for an apprentice professional

hunter’s licence shall be payable to the Authority.

47. Subject to the other provisions of this Act and to the terms and

conditions prescribed for an apprentice professional hunter’s licence

such a licence shall:

(a) be in the form prescribed and shall authorise the

licensee under it to carry on business as an apprentice

professional hunter under the supervision and subject

to the instructions of a licensee under a professional

hunter’s licence; and

(b) while accompanied by the client in respect of whom he

is engaged, to hunt such animal as may be specified in

the licence and in the numbers so prescribed.

48. Any person who is not a holder of a valid and subsisting

apprentice professional hunter’s licence who:

Prohibition of carrying

on business of

professional hunter

without licence

Issue of apprentice

professional hunter’s

licence

Apprentice

professional hunter’s

licence

Prohibition of certain acts

without apprentice

professional hunter’s

licence

ZAMBIA WILDLIFE ACT, 1998

35

(a) carries on business as an apprentice professional

hunter;

(b) holds out to general public that the person is an

apprentice professional hunter;

(c) advertises to the public by any means that the person is

an apprentice professional hunter;

(d) solicits from any person any contract or commission to

act in the capacity of an apprentice professional hunter

for the purpose or for any other purpose; or

(e) except as provided by sections thirty-seven and fortyone,

for gain or reward assists any other person in the

hunting of any game animal in a capacity other than as

a tracker or gun-bearer or beater as prescribed by

section sixty-five;

shall be guilty of an offence.

49. (1) Upon application to the Director-General in the

prescribed form by any person who ordinarily resides in Zambia and

who complies with the prescribed qualifying conditions, and upon

payment of the appropriate fee, the Director-General may issue to that

person a professional guide’s licence.

(2) The appropriate fee for a professional guide’s licence

shall be payable to the Authority.

(3) Subject to the other provisions of this Act and to the

terms and conditions prescribed for the licence, a professional guide’s

licence, issued under this Part shall be in the prescribed form and shall

authorise the licensee under it to conduct for reward, a photographic

or viewing safari or to offer to conduct for reward a photographic or

viewing safari.

50. (1) Upon application to the Director-General in the

prescribed form by any person who complies with qualifying

conditions, and upon payment of the appropriate fee, the Director-

General may issue to that person an apprentice professional guide’s

licence.

(2) The appropriate fee for an apprentice professional

guide’s licence shall be payable to the Authority.

(3) Subject to the other provisions of this Act and to the

terms and conditions prescribed for an apprentice professional guide’s

licence such a licence shall:

Professional

guide’s licence

Apprentice

professional guide’s

licence

ZAMBIA WILDLIFE ACT, 1998

36

(a) be in the form prescribed and shall authorise the

licensee under it to carry on business as an apprentice

professional guide under the supervision and subject to

the instructions of a licensee under a professional

guide’s licence; and

(b) while accompanied by the client in respect of whom he

is engaged, to conduct for reward, subject to the terms

and conditions of the licence, photographic or viewing

safari.

(4) An apprentice professional guide’s licence shall not

authorise a licensee under it to take any client out for game drives and

walks unless accompanied by the licensee under the professional

safari guide’s licence.

51. (1) Any person not being a licensee under a valid and

subsisting professional guide’s licence or an apprentice professional

guide’s licence who:

(a) conducts for reward in a national Park, bird sanctuary,

wildlife sanctuary, Game Management Area or game

ranch any photographic or viewing safari;

(b) offers to conduct for reward any photographic or

viewing safari;

(c) advertises publicly by any means that the person is a

professional guide or an apprentice professional guide;

(d) solicits from any person any contract or commission to

act in the capacity of a professional guide or an

apprentice professional guide for that person or for any

other person; or

(e) holds out to the general public that the person is a

professional guide or an apprentice professional guide;

shall be guilty of an offence.

(2) Any person who employs any other person to carry out

the functions of a professional guide or apprentice professional guide

without the person being a licensee under a valid and subsisting

professional guide’s licence or apprentice professional guide’s licence

shall be guilty of an offence.

52. (1) Upon application to the Director-General in the

prescribed form by any person holding a tourism enterprise licence

issued under the Tourism Act and upon payment of the prescribed fee,

the Director-General may issue to that person a photographic tour

operator’s licence.

Prohibition of carrying

on business of

professional guide or

apprentice professional

guide without licence

Photographic tour

operator’s licence

Cap. 155

ZAMBIA WILDLIFE ACT, 1998

37

(2) Subject to the other provisions of this Act and to the

terms and conditions prescribed for the licence, a photographic tour

operator’s licence shall be in the prescribed form and shall authorise

the licensee under it to carry on business as a photographic tour

operator.

53. (1) Subject to subsection (2), on application by any person

holding a tourism enterprise licence issued under the Tourism Act to

the Director-General in the prescribed form and upon payment of the

prescribed fee, the Director-General may issue to such person a

hunting outfitter’s licence.

(2) The hunting outfitter’s licence shall be issued to a

person ordinarily resident in Zambia and who holds a hunting

concession over a Game Management Area or part thereof on such

terms and conditions as the Director-General may determine.

54. (1) Upon application to the Director-General in the

prescribed form by any person and upon payment of the prescribed

fee, the Director-General may issue to such person a restricted

professional hunter’s licence.

(2) Subject to the other provisions of this Act and to the

terms and conditions prescribed for a restricted professional hunt4er’s

licence, such a licence shall authorise the licensee to carry on business

as a professional hunter in respect of non-dangerous animals.

55. (1) Upon application to the Director-General in the

prescribed form by any person, and upon payment of the prescribed

fee, the Director-General may issue to that person a commercial

photographic licence.

(2) Subject to the other provisions of this Act and to the

terms and conditions prescribed for a commercial photographic

licence such a licence shall authorise the licensee to make paintings, to

take films or video for commercial purposes in a National Park.

56. (1) The Director-General may refuse to issue a licence

under this Part if:

(a) the applicant fails to comply with any prescribed

conditions precedent to the issue of such licence;

(b) any licence formerly held by the applicant under this

Part has been revoked by the Director-General;

(c) the applicant has been convicted of an offence under

this Act;

Hunting Outfitter’s

licence

Cap. 155

Restricted

professional hunter’s

licence

Commercial

photographic licence

Refusal to issue

licence

ZAMBIA WILDLIFE ACT, 1998

38

(d) the Director-General is satisfied that the applicant is

not a fit or proper person to hold such a licence;

(e) if the applicant for a photographic tour operator’s

licence or a hunting outfitter’s licence is not the holder

of a tourism enterprise licence issued under the

Tourism Act;

(f) the Director-General is satisfied that in the interest of

good game management the licence should not be

issued; or

(g) if the applicant has been convicted of a crime relating

to hunting in another country or his licence was

withdrawn by the wildlife authority of another country.

(2) The Director-General shall notify the applicant in

writing of the refusal under this section to issue a licence and shall

state the reasons for the refusal.

57. (1) Where the Director-General refuses to issue a licence,

the applicant may, not later than one month after the receipt by the

applicant of the notice given under subsection (2) of section fifty-six,

appeal in writing to the authority against such refusal.

(2) In determining any appeal, the Authority may uphold

the decision of the Director-General or may instruct the Director-

General to issue the licence as applied for.

(3) The decision of the Authority on any appeal under this

section shall be subject to appeal to the High Court.

58. (1) The Director-General may revoke any licence if

satisfied that the licensee has failed to comply with any of the

conditions relating to the licence.

(2) In the event of the revocation of a licence by the

Director-General under subsection (1), the Director-General shall, as

soon as practicable after ordering the revocation, notify the licensee,

in writing, of the revocation and shall state reasons for the revocation.

59. (1) The licensee under any licence which has been revoked

by the Director-General under subsection (1) of section fifty-eight

may, not later than one month after the receipt by the licensee of the

notice given under subsection (2) of that section, appeal in writing to

the Authority against the revocation.

(2) In determining any such appeal, the Authority may

consult with the Director-General and may uphold the decision of the

Cap. 155

Appeal against

issue of licence

Revocation of

Licences

Appeal against

revocation

ZAMBIA WILDLIFE ACT, 1998

39

Director-General or may instruct the Director-General to withdraw the

revocation of the licence.

(3) The decision of the Authority on any appeal under this

section shall be subject to appeal to the High Court.

60. (1) The Director-General may suspend, for any period, or

cancel any game licence issued under paragraphs (a), (b), (c), (d) and

(h) of subsection (1) of section thirty-three if in the opinion of the

Director-General the interests of good game management so requires

the suspension or cancellation, as the case may be.

(2) Upon the suspension of any licence under subsection

(1), the Director-General shall notify the licensee, in writing, of the

period of the suspension and, during that period, the licence so

suspended shall be of no legal force or effect and shall be surrendered

to the Director-General if so required.

(3) Upon the cancellation of any licence under subsection

(1), the Director-General shall notify the licensee in writing of such

cancellation and, from the date of the notice, the licence so cancelled

shall no longer be of any legal force or effect and shall forthwith be

surrendered to the Director-General.

(4) Upon the suspension or cancellation of any licence

under subsection (1), the licensee may be entitled to a refund of such

proportion of the fee paid for the licence as the Director-General may

determine.

(5) Where any person loses a licence issued under this

Part, the person shall inform the proper officer within fourteen days of

the loss and shall after a further period of fourteen days apply to the

Director-General for the issuance of a duplicate licence.

(6) On application under subsection (5), the Director-

General:

(a) may issue a duplicate licence on such terms and

conditions as the Director-General may determine; or

(b) reject the application and notify the licensee in writing

and gives reasons for the refusal.

(7) The licensee under any licence which has been

suspended or cancelled under subsection (1) or who the Director-

General has refused to issue a duplicate licence under subsection (6)

may, not later than one month after the receipt of the notice given

under subsection (2) or (3), or the notice of refusal to issue a duplicate

licence under subsection (5), as the case may be, appeal in writing to

the Authority against the suspension, cancellation or refusal.

Suspension,

cancellation or loss

of licences

ZAMBIA WILDLIFE ACT, 1998

40

(8) In determining any appeal under subsection (7), the

Authority may consult with the Director-General and may uphold the

decision of the Director-General or may instruct the Director-General

to rescind the suspension, or set aside the cancellation, as the case may

be.

(9) The decision of the Authority on any appeal under this

section shall be subject to appeal to the High Court.

PART VIII

HUNTING OF WILD ANIMALS

61. (1) Every licensee issued with a licence under paragraph

(a), (b), (c) and (h) of subsection (1) of section thirty-three and every

holder of a permit under subsection (3) of section sixteen shall:

(a) have the licence or permit in actual possession at all

times while hunting any game animal or protected

animal under the licence;

(b) produce the licence or permit for inspection and give

the full name and address, in writing, to any proper

officer, village scout or any honorary wildlife police

officer upon request;

(c) be accompanied by a wildlife police officer or village

scout while hunting; and

(d) keep, in the form prescribed, a true record of all game

animals or protected animals, other than birds, hunted

by him during the validity of the licence.

(2) Any person who contravenes any of the provisions of

subsection (1) shall be guilty of an offence.

62. Every licensee under a professional hunter’s licence issued

under section forty-three shall:

(a) have the licence in actual possession at all times while

engaged in hunting game animals or protected animals

as a professional hunter;

(b) produce for inspection the licence, and give the full

name and address in writing to any proper officer or

honorary wildlife police officer upon request;

(c) keep, in the form prescribed, a record of each licence

issued to each client whereby he accepted engagement

by such client as a professional hunter, together with a

true record of the game animal or protected animal,

Duties of licensees

and permit holders

Duties of licensee under

professional hunter’s

licence

ZAMBIA WILDLIFE ACT, 1998

41

other than birds, hunted by, or on behalf of, such client

under the licence;

(d) be accompanied by a wildlife police officer or village

scout; and

(e) immediately after each hunt ensure that any client in

relation to whose licence the professional hunter is

engaged for that hunt completes a certificate in the

prescribed form, specifying the game animal or

protected animal killed or wounded by the client.

(2) any person who contravenes any of the provisions of

subsection (1) shall be guilty of an offence.

63. (1) Every licensee under an apprentice professional

hunter’s licence shall:

(a) have the licence in actual possession at all times while

engaged in hunting game animals or protected animals

as an apprentice professional hunter; or

(b) produce the licence for inspection and give full name

and address of the licensee in writing to any proper

officer or honorary wildlife police officer upon request.

(2) Any person who contravenes any of the provisions of

subsection (1) shall be guilty of an offence:

64. (1) For the purpose of:

(a) computing the numbers of game animals or protected

animals authorised to be hunted under any licence

issued under Part VII;

(b) computing the numbers of game animals or protected

animals permitted to be hunted in any National Park,

Game Management Area or open area under any permit

granted under subsection (3) of section sixteen; or

(c) recording the numbers of hunted animals or protected

animals in any record required to be kept under section

sixty-one or sixty-two;

only such game animals or protected animals as are killed, wounded

or captured shall be counted.

(2) Subject to subsection (3), if any game animal or

protected animal is killed in any circumstances whatsoever, any

licensee or holder of a permit under this Act, whose licence or permit

entitles the licensee to hunt a game animal or protected animal of that

Duties of licensee under

apprentice professional

hunter’s licence

Counting of hunted

game animals or

protected animals

ZAMBIA WILDLIFE ACT, 1998

42

species, or by any person accompanying or assisting such licensee or

permit holder, such animal shall count as having been hunted under

the licence or permit:

Provided that if any person accompanying or assisting a

licensee or holder of a permit is himself in possession of a licence or

permit entitling the person to hunt a game animal or protected animal

of the species killed by that person, the animal shall count as having

been hunted under the licence or permit of the person so

accompanying or assisting.

(3) Nothing in subsection (2) shall apply to any game or

protected animal killed or wounded in accordance with section eightyone.

65. (1) Subject to the other provisions of this section and of

section forty-one any person, not being the holder of a licence under

paragraphs (a), (b), (c), (d) and (h) of subsection (1) of section thirtythree

or a permit issued under this Act may assist, for gain or reward

or otherwise, any licensee under a game or professional hunter’s

licence or any permit holder under the permit, to hunt any game

animal or protected animal solely in the capacity of a tracker, gun

bearer or beater.

(2) Any person who contravenes any of the provisions of

this section shall be guilty of an offence.

66. Any person who employs, causes or induces another person to

hunt any game animal or protected animal on his behalf shall be guilty

of an offence:

Provided that this section shall not apply where the person

employed:

(a) is a licensed professional hunter employed to hunt

game animals on behalf of a licensee under a nonresident

hunting licence while the licensed professional

hunter is accompanied by the licensee; or

(b) is employed by a licensee under a special licence or

resident hunting licence to so hunt any game animal or

protected animal in accordance with an authorisation to

that effect endorsed on the special licence as provided

by sections thirty-seven and forty-one.

67. Except as otherwise provided by this Act, any person who not

being a holder of a licence or permit under this Act, hunts any game

animal or protected animal in any open area shall be guilty of an

offence and shall be liable upon conviction to a fine not exceeding

Limitations upon persons

assisting in hunting game

or protected animals

Prohibition of

employment of

another person to hunt

Prohibition of

hunting in open

areas

ZAMBIA WILDLIFE ACT, 1998

43

thirty thousand penalty units or to imprisonment for a period not

exceeding three years or to both:

Provided that this section shall not apply to any person who

within such an open area:

(a) hunts any animal which is not a game animal or

protected animal;

(b) is the owner of such land and is in possession of a valid

licence, authorising the licensee to hunt such game

animal or protected animal;

(c) has previously sought and obtained the permission of

the owner so to do and is in possession of a valid

licence authorising that person to hunt such game

animal or protected animal; or

(d) is a proper officer or honorary wildlife police officer

while acting under instructions in performance of that

officer’s duties in the exercise of powers under this

Act.

68. (1) Except as may be authorised under a special licence or

permitted under section seventy-nine any person who hunts:

(a) the dependent young of any game animal or protected

animal; or

(b) any female game animal or protected accompanied by

her dependent young;

shall be guilty of an offence.

(2) For the purposes of this section, the term “dependent

young” means any young animal relying upon its parent for

sustenance and protection.

69. (1) Except as provided by subsection (2), any person who:

(a) uses a motor vehicle, boat or aircraft for purposes of

hunting any game animal or protected animal or who

uses the same in such manner as to drive or stampede

any game animal or protected animal, other than birds,

for any purpose whatsoever, or

(b) discharges any firearm or other weapon at any animal,

or protected animal, other than birds, from any motor

vehicle, aircraft, boat or other conveyance, or

discharges such firearm or other weapon from a point

Prohibition of hunting

young game animals

and of females with

young

Restrictions on use of

motor vehicles, aircraft

or boats while hunting

ZAMBIA WILDLIFE ACT, 1998

44

within two hundred and fifty metres’ distance of any

such motor vehicle, aircraft, boat or other conveyance;

shall be guilty of an offence.

(2) Nothing in this section shall prohibit the use of a motor

vehicle, aircraft, boat or other conveyance for:

(a) hunting any game animal or protected animal under

any licence issued under Part VII or under any permit

issued under this Act where those means are expressly

permitted under the terms of the licence or permit; or

(b) driving away any game animal, or protected animal

from any aerodrome by any person concerned with the

maintenance of the aerodrome, or driving any game

animal or protected animal by any person off any land

being used, or about to be used, as an aerodrome in

case of an emergency, when necessary, to ensure the

safety of any aircraft which is about to alight on or take

off from such land.

70. (1) Except as provided by subsection (2), any person who,

without the written permission of the Director-General, which the

Director-General may grant or may refuse without assigning any

reason for the refusal, uses dogs for the purpose of hunting any game

animal or protected animal, shall be guilty of an offence.

(2) The Minister may, on the advice of the Authority, by

statutory instrument, prescribe any game animal or protected animal in

the hunting of which dogs may be used.

(3) Any person who contravenes any of the provisions of

this section shall be guilty of an offence.

71. Any person who, for the purpose of hunting or assisting in

hunting any game animal or protected animal, causes any fire or

drives or surrounds any game animal or protected animal with fire,

shall be guilty of an offence.

72. Except with the written permission of the Director-General,

any person who, for the purpose of, or in connection with, hunting or

assisting in hunting, any game animal or protected animal, prepares,

compounds, sells, buys, uses or has in possession any poison, birdlime

or like injurious substance or any poisoned weapon shall be

guilty of an offence.

73. Except with the written permission of the Director-General, or

as authorised under any licence issued under Part VII or under any

permit issued under this Act or as otherwise provided under this Act,

Restrictions on use of

dogs while hunting

Prohibition of use of

fire in hunting

Prohibition of use of

poison, bird-lime or

poisoned weapons in

hunting

Prohibition of possession,

acquisition or use of traps

etc. for hunting

ZAMBIA WILDLIFE ACT, 1998

45

any person who, for the purpose of, or in connection with, hunting any

game animal or protected animal, possesses, makes, buys, sells or uses

any gin or similar trap or any mist net, snare or similar contrivance

capable of killing or capturing any game animal or protected animal

shall be guilty of an offence.

74 (1) The minister may, on the advice of the Authority by

regulations, prohibit the hunting of any wild animal, generally, or in

any specified area, by means of any game pit, pitfall, trench or similar

excavation, fence or enclosure or other device fixed to the ground or

other specified method, means, instrument, weapon, missile or

explosive, or may, impose in such regulations such conditions or

restrictions as the Authority considers fit in respect of the use of any

game pit, pitfall, trench or similar excavation, fence or enclosure or

other device fixed to the ground or other specified method, means,

instrument, weapon, missile or explosive.

(2) The Minister may, on the advice of the Authority,

revoke, amend or alter any regulation made under subsection (1), or

the Minister may, suspend, in any area defined in the regulation for

any time therein stated, any regulation when it appears reasonably

necessary so to do in the interests of good game management, or for

the protection of life or property, or for the protection of the health of

human beings, animals or plants.

(3) Any person who:

(a) hunts any wild animal in contravention of any

regulation made under this section; or

(b) possesses, makes, buys or sells, for the purposes of

hunting or assisting in the hunting of any wild animals,

any instrument, weapon, missile or explosive, the use

of which for such purpose is absolutely prohibited by

any regulation made under this section;

shall be guilty of an offence.

75. (1) Any person who drives any game animal or protected

animal, other than an amphibious animal, into water for the purpose of

incapacitating, killing or capturing that game animal of protected

animal shall be guilty of an offence:

Provided that the Minister may, on the advice of the Authority,

at any time, by regulation, suspend the operation of this section in any

area so defined for any period of time so stated or in respect of any

game or protected animal so specified.

(2) Any person who prevents any animal or bird from

having access to water or introduces poisonous substances into water

shall be guilty of an offence.

Power of Minister to

prohibit or control use of

specified weapons or

methods of hunting

Prohibition of driving

certain game animals

or protected animals

into water

ZAMBIA WILDLIFE ACT, 1998

46

76. (1) Except with the written permission of the Director-

General, any person who, during the hours of darkness:

(a) hunts any wild animal; or

(b) for the purpose of or in the connection with hunting, or

assisting in hunting any wild animal, uses any torch,

flare, lamp of the type known as a “bulala lamp” or any

other artificial light;

shall be guilty of an offence.

(2) For the purpose of this section, the expression “hours

of darkness” means the period between one half-hour after sunset and

one half-hour before sunrise.

77. Except with the written permission of the Director-General,

any person who uses any motor vehicle to drive or stampede any game

animal, other than a drive of birds, shall be guilty of an offence:

Provided that the Minister may, on the advice of the Authority, at any

time, by regulation, suspend the operation of this section in respect of

any area so defined for any period of time so stated.

PART IX

KILLING, WOUNDING OR MOLESTING WILD ANIMALS

78. (1) Notwithstanding anything to the contrary in this Act, a

person may kill any wild animal in defence of himself or in defence of

any other person if it is necessary:

Provided that nothing in this subsection shall exonerate any

person who, at the time of killing any wild animal in self-defence or in

defence or any other person, was committing an offence under this

Act.

(2) Except as is otherwise provided by this Act or by the

terms and conditions of any licence or permit issued under this Act,

the killing of any game animal or protected animal in accordance with

subsection (1) shall not be deemed to transfer the absolute ownership

of the animal or the carcass, or any trophy or meat thereof, to any

person.

(3) When any game animal or protected animal is killed in

accordance with subsection (1), the person who has killed the animal

shall, within a period of forty-eight hours, make a report of the facts to

the nearest proper officer and shall, unless otherwise entitled to retain

the animal under this Act or under any licence or permit issued under

Prohibition of

hunting during

hours of darkness

Game drives

Self-defence

ZAMBIA WILDLIFE ACT, 1998

47

this Act, hand over to the proper officer the carcass or any trophy or

meat of the animal as the proper officer may direct.

(4) Any person who fails to comply with subsection (3)

shall be guilty of an offence.

79. (1) Notwithstanding any provision to the contrary in this

Act:

(a) any owner or employee of the owner whenever it may

be necessary for:

(i) the protection of the owner’s land or of any

building on it;

(ii) the protection of any part of the owner’s land,

which is under cultivation, and for the

protection of any crops growing upon that part

of the land;

(iii) the protection of any livestock upon any part of

his land, whether fenced or otherwise enclosed

or not, which for the time being is in use for the

grazing or heading of domestic stock;

(b) any owner of any crops being lawfully cultivated on

land leased by any other person or held under

customary law, or any servant of the owner of the said

crops; or

(c) any owner of any livestock being lawfully grazed or

herded upon lands leased by any other person or held

under customary law, whether the lands are fenced or

otherwise enclosed or not, or any employee of the

owner of the livestock;

may kill any game animal, non-game animal, protected or nonprotected

animal which is identified as causing or has caused material

damage to that land, building, crops or livestock, as the case may be

and a report shall be made to the nearest proper officer, village scout

or honorary wildlife police officer.

(2) Except as is otherwise provided by this Act or by the

terms and conditions of any licence or permit issued under this Act,

the killing of any game or protected animal in accordance with

subsection (1) shall not be deemed to transfer the absolute ownership

of the game animal or protected animal or of the carcass or of any

trophy or of the meat to any person.

(3) When any game animal or protected animal is killed in

accordance with subsection (1), the person who has killed that animal

shall, within a period of forty-eight hours, make a report of the fact to

Defence of property

ZAMBIA WILDLIFE ACT, 1998

48

the nearest proper officer and shall, unless otherwise entitled to retain

the animal under this Act or under any licence or permit issued under

this Act, hand over tot he proper officer the carcass or any trophy or

meat of that animal as the proper officer m ay direct:

Provided that the proper office may grant that person

ownership of the carcass, trophy or meat of the animal as

compensation for any damage to the land, building, crops or livestock

caused by the game animal, protected non-game animal or nonprotected

animal.

(4) Any person who fails to comply with subsection (3)

shall be guilty of an offence.

(5) Nothing in this section shall authorise any person to

use in the killing of any wild animal any method of hunting prohibited

under Part VIII or by any regulation made under this Act.

80. (1) If any person kills any game animal or protected

animal through accident or error, the person shall, within a period of

fourteen days, make a report of the facts to the nearest proper officer,

village scout or honorary wildlife police officer and shall hand over

the proper officer, honorary wildlife police officer or village scout the

carcass, or any trophy or meat of the animal as the officer or village

scout may direct.

(2) Nothing in subsection (1) shall apply to any person

who kills any game animal or protected animal through accident or

error if:

(a) that person is entitled under any licence or permit

issued under this Act to hunt a game animal or

protected animal of that species and sex; and

(b) no offence under this Act has been committed in

relation to the killing of such animals.

(3) The provisions of section sixty-four shall apply to any

game animal or protected animal killed by accident or error.

(4) Any person who fails to comply with subsection (1)

shall be guilty of an offence.

81. (1) Any person who, in any circumstances whatsoever,

wounds any dangerous animal and fails without reasonable cause to

use all reasonable endeavour to kill the animal at the earliest

opportunity shall be guilty of an offence:

Game or protected

animals killed through

accident or error

Wounding of game

animal or protected

animal

ZAMBIA WILDLIFE ACT, 1998

49

Provided that it shall not be lawful to follow any wounded

game animal or protected animal into a National Park, or into a Game

Management Area in which the hunting of the animal is prohibited or

on to any land held by any person under a leasehold title.

(2) Any person who has, or who believes that he has

wounded any game animal or protected animal, which, in such

wounded condition has entered a National Park or a Game

Management Area in which the hunting of the animal is prohibited,

shall, within a period of forty-eight hours make a report of the facts

and circumstances to the nearest proper officer.

(3) Any person who has, or who believes that he has

wounded any game animal or protected animal, which, in such

wounded condition has entered land held by any person under a

leasehold title and upon which land such person has no permission to

enter, shall, within a period of forty-eight hours, make a report of the

facts and circumstances to the occupier of the land and to the proper

officer, village scout or honorary wildlife police officer.

82. (1) Any person who, in any circumstances whatsoever,

wounds any dangerous animal and fails to kill, or recover the animal

within twenty-four hours after its wounding, shall, within forty-eight

hours, report the circumstances of the wounding, to the nearest proper

officer.

(2) Every report made under subsection (1) shall specify

the species of dangerous animal wounded, the date, time and place of

the wounding, the type of wound, if known, the weapon by which the

wound was inflicted, the efforts made to kill the animal after it was

wounded, the time and place at which the animal was lost or escaped

and any other information which might be of use in locating or

identifying the animal.

(3) If the dangerous animal wounded but not killed is an

elephant or rhinoceros, the report made under subsection (1) shall in

addition be made to the Director-General.

(4) Where any dangerous animal is found dead, and the

Director-General is satisfied that it is an animal which was wounded

but not killed by the holder of a licence or permit issued under this

Act, which licence or permit entitled the holder to hunt the animal,

and that licence or permit holder:

(a) made the requisite report; and

(b) after wounding the animal, used every possible

endeavour to kill it;

the Director-General may direct that any trophy of the animal be

delivered to the licensee or permit holder.

Wounding of

dangerous animals

ZAMBIA WILDLIFE ACT, 1998

50

(5) Every report required to be made under subsection (1)

or (3) shall whenever possible be made in person by the person who

wounded the dangerous animal or on his instructions, by a person

accompanying or assisting him at the time when the wounding took

place.

(6) Any person who is required by subsection (5) to make

a report under subsection (1) or (3), and who fails to do so, or who

does not make the report within forty-eight hours of the loss of the

wounded dangerous animal, shall be guilty of an offence, and upon

conviction shall be liable to a fine not exceeding one thousand penalty

units or to imprisonment for a term not exceeding one month, or to

both; and, if such dangerous animal has been wounded by the holder

of a licence or permit issued under this Act entitling him to hunt the

animal, the absolute ownership of the animal shall not be deemed to

pass under the provisions of this Act to the licensee or permit holder

as the case may be.

83. Any person who, in any circumstances whatsoever, causes

unnecessary or undue suffering to any wild animal shall be guilty of

an offence.

84. (1) Subject to subsection (2), any person who, without the

permission of the Director-General, is in possession of, or who has in

control or keeping any live wild animal which has been orphaned,

maimed or mutilated wild animal for purposes of medical care,

treatment, scientific or educational purposes in accordance with

written authority from the Director-General.

(2) This section shall not apply to any veterinary surgeon

or to any person assisting any veterinary surgeon, or any other person,

who has in actual possession, control or keeping any orphaned,

maimed or mutilated wild animal for purposes of medical care,

treatment, scientific or educational purposes in accordance with

written authority from the Director-General.

85. Except as provided for or for the purposes of section seventyeight,

seventy-nine, eighty-one and eighty-two, any person who

wilfully and without just cause or excuse:

(a) molests or provokes any game animal or protected

animal in any manner which results in the destruction

of the game animal or protected animal; or

(b) molest or provokes any animal whatsoever in any

manner which results, in the harassment or destruction

of any game animal or protected animal;

shall be guilty of an offence.

Cruelty to wild animals

Possession of maimed

wild animals

Molesting or provoking

game animal or protected

animal

ZAMBIA WILDLIFE ACT, 1998

51

PART X

TROPHIES

86. Any person who, in the course of trade, buys, sells or

processes or otherwise deals in any trophy, or manufactures any

article from any readily recognisable part of it, except in accordance

with a permit so to do, issued under this Act shall be guilty of an

offence:

Provided that, this section shall not apply to any person who,

for purposes of gain, sells, processes, or manufactures any article from

any trophy of any game animal or protected animal which was

lawfully hunted by the person and the ownership of which licence

vested in that person under section three or under any other provisions

of this Act.

87. (1) Upon application to the Director-General in the

prescribed form by any person, and upon payment of the appropriate

fee, the Director-General may, on such terms and conditions as the

permit shall specify including the period of validity, issue to the

person a trophy dealer’s permit in the form prescribed which shall

authorise the person to buy, sell, deal in, process, or manufacture

articles from trophies by way of trade or business.

(2) The appropriate fee for a trophy dealer’s permit shall

be the fee prescribed by the Minister, after consultation with the

Authority and shall be payable to the Authority.

(3) The Director-General may at any time grant or refuse

to grant, suspend for any period of time, revoke or cancel any trophy

dealer’s permit, or may make the granting of it subject to any

condition which the Director-General considers fit to impose, or may

limit such permit to, or exclude from it, any specific trophy or class of

trophies.

(4) Where the Director-General refuses to grant, suspend,

revoke or cancel any trophy dealer’s permit, or makes the granting of

it subject to any condition, or limits the permit to, or excludes from it

any specific trophy or class of trophy, the Director-General shall

notify the applicant, or the party aggrieved by such decision, as the

case may be, of his decision, in writing.

(5) The applicant, or the party aggrieved, as the case may

be, may, within one month after receipt of the notice given under

subsection (6), appeal in writing to the Authority against the decision

of the Director-General.

(6) In determining any appeal the Authority may consult

with the Director-General and may uphold the decision of the

Director-General or may instruct the Director-General to reverse the

decision or to amend or alter the decision as instructed by the

Authority.

Prohibited dealings in

trophies

Trophy dealer’s

permit

ZAMBIA WILDLIFE ACT, 1998

52

(7) The decision of the Authority on any appeal shall be

subject to appeal to the High Court.

88. (1) Every trophy dealer shall keep and maintain such

records, and make such returns of the trophy dealer’s trading in

trophies, as the Minister may, after consultation with the Authority, by

Statutory Instrument, prescribe.

(2) Any trophy dealer who fails to keep or maintain any

record or make any return prescribed under subsection (1) shall be

guilty of an offence.

89. (1) Subject to the provisions of subsection (2), the Minister

may, on the advice of the Authority, by statutory instrument, prescribe

any trophy or class of trophy as being “prescribed trophy” for the

purposes of controlling, prohibiting or limiting any dealings in such

trophy or class of trophy, except in accordance with the provisions of

this Act in that regard.

(2) Ivory and rhinoceros horn shall be prescribed trophies

for the purposes of this Act.

90. (1) The Director-General may, upon application by any

person and upon being satisfied that such person is in lawful

possession of any trophy, issue, in the form prescribed, a certificate of

ownership of that trophy to that person.

(2) Where the Director-General is satisfied that a

certificate of ownership under subsection (1) has been issued through

error, or through the misrepresentation or fraud of any person, he may

revoke it and the person to whom the certificate of ownership was

issued shall cause the certificate to be returned to the Director-General

for cancellation.

(3) Any person who fails to comply with subsection (2)

shall be guilty of an offence.

91. Any person who has in his possession any prescribed trophy,

without a certificate of ownership issued in respect of it under section

ninety, shall be guilty of an offence.

92. (1) Any person who transfers, or purports to transfer, the

ownership of any prescribed trophy to any other person, whether by

way of gift, sale or otherwise, shall, at the time of the transfer or

purported transfer, be in actual possession of a certificate of

ownership issued in respect of the prescribed trophy.

(2) Subject to section ninety-six, upon the transfer or

purported transfer by any person of the ownership of any prescribed

trophy to any other person, the transferor shall, at the time of transfer

or purported transfer of ownership, endorse on the certificate of

ownership issued in respect of the prescribed trophy the signature of

the transferor, the date of such transfer, or purported transfer, together

Trophy dealers to

keep records and

make returns.

Prescribed trophies

Certificate of

ownership of

trophies

Possession of prescribed

trophies

Transfer of ownership of

prescribed trophies

ZAMBIA WILDLIFE ACT, 1998

53

with the name of the transferee or purported transferee and shall

deliver to the transferee the certificate of ownership so endorsed.

(3) Subject to section ninety-six, any person who, by way

of gift, purchase or otherwise, obtains, or purports to obtain, from any

other person, the ownership of any prescribed trophy, shall, at the time

such ownership is, or is purported to be, transferred to that person,

obtain from the transferor the certificat4e of ownership issued in

respect of such prescribed trophy endorsed as prescribed by

subsection (2).

(4) Any person who contravenes or fails to comply with

any of the provisions of this section shall be guilty of an offence.

93. (1) Any person who, under any circumstances, kills any

elephant or rhinoceros shall, within forty-eight hours after the date of

the killing, produce the ivory or rhinoceros horn of the animal to a

wildlife police officer, or to such other person as may be nominated in

writing in that regard by the Director-General, for the purpose of

weighing and registering the ivory and rhinoceros horn.

(2) Any person who fails to comply with subsection (1)

shall be guilty of an offence.

94. (1) Subject to any regulations made under subsection (1) of

section eighty-nine, any person who imports ivory or rhinoceros horn

into the Republic shall, within forty-eight hours after the date of

important, produce such ivory or rhinoceros horn to a wildlife police

officer, or to such other person as may be nominated in writing in that

regard by the Director-General, for the purpose of weighing and

registering the ivory or rhinoceros horn.

(2) Any person who fails to comply with subsection (1)

shall be guilty of an offence.

95. (1) If, after such inquiry as the wildlife police officer may

consider necessary, the wildlife police officer or other person to whom

ivory or rhinoceros horn is produced under section ninety-three or

ninety-four, is satisfied that the ivory or rhinoceros horn is lawful

property, under this Act, of the person who killed the animal from

which it was procured, or is the lawful property of, and has, subject to

the regulations made under subsection (1) of section eighty-nine, been

lawfully imported by, the person who produced the same, as the case

may be, the wildlife police officer shall cause it to be weighed,

marked and registered in the manner prescribed and shall then return it

to the person who produced it for such purpose and shall issue to the

person a certificate of ownership in the prescribed form, in respect of

it.

(2) If, after such inquiry as is referred to in subsection (1),

the wildlife police officer or other person to whom the ivory or

rhinoceros horn is produced under section ninety-three or ninety-four

is not satisfied that the ivory or rhinoceros horn is the lawful property

of the person who produced it, or that it was lawfully imported, as the

Duty to produce ivory

or horn of killed

elephant or rhinoceros

Duty to produce

imported ivory or

rhinoceros horn

Registration of ivory

and rhinoceros horn

ZAMBIA WILDLIFE ACT, 1998

54

case may be, he may retain the ivory or rhinoceros horn pending, and

for the purposes of, any proceedings which may be instituted in

respect of it under this Act:

Provided that if any proceedings are not instituted within three

months after the date of production of the ivory or rhinoceros horn,

the wildlife police officer or other person, as the case may be, shall

weigh, mark and register the ivory or rhinoceros horn, and shall return

it to the person who produced it together with a certificate of

ownership in respect of it as provided by subsection (1).

(3) No person shall be entitled to compensation of any

kind in respect of the retention of any ivory or rhinoceros horn under

subsection (2).

96. Any person who, by way of gift, sale, purchase or otherwise,

transfers or obtains any ivory or rhinoceros horn before it has been

weighed, marked and registered under section ninety-five shall be

guilty of an offence.

97. (1) The provisions of section ninety-two shall apply to any

transfer of ownership of ivory, or rhinoceros horn, and in lieu of the

endorsement required under subsection (2) of that section, both the

transferor and the transferee shall endorse upon the certificate of

ownership in respect of the ivory or rhinoceros horn, as the case may

be, a memorandum of transaction of transfer of ownership bearing the

date of the transaction, and both parties shall sign their names at the

foot of the endorsed memorandum.

(2) Any person who fails to comply with subsection (1)

shall be guilty of an offence.

98. Any trophy to which absolute ownership has not passed to any

person under section three, or under any other provision of this Act,

shall be a Government trophy for the purposes of this Act.

99. (1) Any person who obtains possession of any Government

trophy shall, as soon as practicable after obtaining possession of it,

make a report of the person’s possession of the trophy to the nearest

wildlife police officer or such other person as may be nominated in

writing in that regard by the Director-General, and shall, if so

required, deliver up, within forth-eight hours of such notice, the

Government trophy to the wildlife police officer or other person, as

the case may be.

(2) Any person who fails to comply with subsection (1)

shall be guilty of an offence.

100. (1) Any person who unlawfully possesses or who purports

to buy, sell or otherwise transfer or deal in any government trophy

shall be guilty of an offence.

(2) For the purposes of this section, possession of any

trophy by any person without a certificate of ownership in respect of

Transfer of ivory or

rhinoceros horn before

registration prohibited

Transfer of ownership of

ivory or rhinoceros horn

Government trophies

Possession of

Government trophy to

be reported

Unlawful possession

of, or dealing in,

Government trophies

ZAMBIA WILDLIFE ACT, 1998

55

the trophy shall be prima facie evidence of the trophy being a

Government trophy and of the unlawful possession of it by the person.

PART XI

SALE AND TRANSFER OF WILDLIFE ANIMALS AND OF MEAT OF

WILDLIFE ANIMALS

101. Except with the written permission of the Director-General or

as is otherwise provided by this Act, any person who possesses, buys

or sells any live game or protected animal or meat thereof, or who is

found in circumstances showing that it is that person’s intention to

buy or sell, any live wild game or protected animal or meat shall be

guilty of an offence.

102. (1) The Director-General may, in the form prescribed,

issue to any person who is in lawful possession of any game animal or

protected animal or who intends to sell any meat of a game animal or

protected animal a certificate of ownership of the game animal or

protected animal, or of the meat, as the case may be.

(2) Where the Director-General is satisfied that a

certificate of ownership issued under subsection (1) has been issued

through error or through the misrepresentation or fraud of any person,

the Director-General may revoke the certificate.

(3) Upon the revocation of a certificate under subsection

(2), the Director-General shall notify the licensee in writing of the

revocation and the person to whom that certificate of ownership was

issued shall cause the certificate to be returned to the Director-General

for cancellation.

(4) Any person who fails to comply with subsection (3)

shall be guilty of an offence.

103. (1) The Minister may, on the advice of the Authority, by

statutory instrument:

(a) control or make subject to any condition the trade in

live or game animal or protected animal or the trade in

carcasses, meat and skins of such animals;

(b) prohibit, limit, control or make subject to any

condition, the movement of the meat of any game

animal or protected animal from any specified area for

any period of time expressed in the order, or may by

like order exclude, in respect of any specified area, the

meat of any game animal or protected animal specified

in the order, from the provisions of this Part or of any

provision of the order.

(2) Any condition imposed by the Minister under

subsection (1) may be applicable generally throughout the Republic or

Prohibited dealings in

live wild animals

Certificate of ownership

of game animal or

protected animal or of

meat thereof

Power of Minister to

regulate trade or

movement of meat of

game or protected

animals

ZAMBIA WILDLIFE ACT, 1998

56

may be applicable to the meat of all game animals or protected

animals or to all persons, or it may be limited to such specified areas,

or to the meat of such specified game animal or protected animal or to

such specified classes of persons, as the Minister may on the advice of

the Authority determine.

(3) Any statutory instrument made under subsection (1)

may provide that for any contravention of the Regulations a person

shall be guilty of an offence and shall be liable upon conviction to a

fine not exceeding twenty thousand penalty units or to imprisonment

for a term not exceeding two years or to both.

104. (1) Any person who sells any game animal or protected

animal or any meat of a game animal or protected animal shall, at the

time of the sale, be in actual possession of a certificate of ownership

issued in respect of the game or protected animal or of the meat of a

game animal of protected animal as the case may be.

(2) Except as may be otherwise prescribed, every seller

shall, upon the sale of any game animal or protected animal or of any

meat of a game animal or protected animal, endorse upon the

certificate of ownership issued in respect of the game animal or

protected animal, or of the meat of a game animal or protected animal,

such details of the authority to sell the animal as may be prescribed,

and the seller shall deliver up to the buyer the endorsed certificate of

ownership, or a note of such certificate and endorsement, in the

prescribed form, before or at the time of the delivery of the game

animal or protected animal, or of the meat of a game animal or

protected animal, as the case may be.

(3) If the seller has not previously delivered to the buyer

the endorsed certificate of ownership of any game animal or protected

animal or of any meat of a game animal or protected animal, as the

case may be, or the prescribed note of such certificate and

endorsement as required under subsection (2), the buyer shall, at the

time of delivery of the game animal or protected animal or the meat of

a game animal or protected animal, under the sale, obtain from the

seller the duly endorsed certificate of ownership or other prescribed

note of such certificate and endorsement:

Provided that this subsection shall not apply to a buyer from

authorised commercial outlets.

(4) Any person who contravenes or fails to comply with

any of the provisions of this section shall be guilty of an offence.

PART XII

IMPORT AND EXPORT OF WILD ANIMALS, MEAT AND TROPHIES

105. Any person who imports any wild animal or any meat of any

wild animal or of any trophy, except in accordance with a valid import

Sale of game animal

or protected animal

or of meat thereof

Importation of wild animals

etc, without permit

prohibited

ZAMBIA WILDLIFE ACT, 1998

57

permit issued under section one hundred and six shall be guilty of an

offence.

106. (1) The Director-General may issue to any person a permit

in the form prescribed, to import any wild animal or the meat of any

wild animal or any trophy, other than ivory or rhinoceros horn, which

permit may subject to any conditions which the Director-General may

impose and shall be valid for such time as is specified in the permit.

(2) The Director-General may, with the approval of the

Authority, issue to any person a permit, in the form prescribed, to

import any ivory or rhinoceros horn, which permit may be subject to

any conditions which the Authority may impose and shall be valid for

such time as is specified in the permit.

(3) Any permit issued under this section shall not be in

substitution of any permit or authority to import any wild animal or

meat, or any trophy, or ivory or rhinoceros horn, required by or under

any other written law; nor shall any such permit be deemed to relieve

any person from any restriction on or prohibition of the import of any

wild animal, meat, trophy, ivory or rhinoceros horn imposed by or

under this Act or any other written law.

107. (1) Any person who imports or who attempts to import any

wild animal or meat of any wild animal or any trophy except:

(a) through a customs port of entry;

(b) where the person produced to the customs officer

satisfactory evidence that such wild animal, meat or

trophy has been lawfully exported from the country of

origin; and

(c) where the person produced to the customs officer a

valid permit to import the same issued under section

one hundred and six;

shall be guilty of an offence.

(2) Any person who imports through a customs port of

entry any wild animal, meat of any such animal, or any trophy, but

who, at the time of such import, is unable to adduce the evidence

required under paragraph (b) of subsection (1) or has not in his

possession the import permit required to be produced under paragraph

(c) of subsection (1) shall be given three months during which to

produced the evidence of the permit, as the case may be, during which

time the customs officer shall detain the wild animal, meat, or trophy,

as the case may be:

Provided that the expenditure incurred on account of the

detention of the animal, meat or trophy shall be borne by the person

importing the animal, meat or trophy and shall be recoverable from

such person as a civil debt to the Authority.

Permits to import

wild animals, meat or

trophies

Restriction on import of

wild animals, meat or

trophies

ZAMBIA WILDLIFE ACT, 1998

58

(3) If the country from which any wild animal, meat of any

animal or trophy is exported is not the country of origin, it shall be

sufficient for the purposes of paragraph (b) of subsection (1) if there is

produced to the customs officer documentary evidence that the

animal, meat or trophy was lawfully exported from the country of

export.

(4) Upon conviction, of any person of an offence under

this section, the court may, at the request of the prosecution and in

addition to any other penalty imposed, declare any wild animal, meat

or trophy so imported, or so attempted to be imported, to be forfeited

or order it to be destroyed, without compensation, or may both declare

it to be forfeited and order it to be so destroyed, without

compensation.

(5) Any wild animal, meat, or trophy declared to be

forfeited under subsection (4), but not ordered to be destroyed, may be

disposed of as the Director-General may direct.

108. Subject to the provisions of sections ninety-three and ninetyfour

in respect of the import and registration, respectively, of ivory

and rhinoceros horn, any person who imports any prescrib4ed trophy

shall, within one month after the date of the import of the prescribed

trophy, apply to the Director-General for a certificate of ownership in

respect of the prescribed trophy under section ninety.

109. Any person who exports any wild animal or any meat of such

animal or any trophy except in accordance with a valid export permit

issued under section one hundred and ten shall be guilty of an offence.

110. (1) The Director-General may issue to any person a permit,

in the form prescribed, to export the meat of any wild animal or any

trophy, other than ivory or rhinoceros horn, which permit may be

subject to any conditions which the Authority may impose and shall

be valid for such time as is specified in the permit.

(2) The Authority may, with the approval of the Minister,

issue to any person a permit, in the prescribed form, to export any

ivory or rhinoceros horn or any game protected animal, which permit

may be subject to any conditions which the Authority may impose and

shall be valid for such time as is specified in the permit.

(3) The Director-General may, with the approval of the

Authority, issue to any person a permit in th4e prescribed form to

export any wild animal other than a protected animal, which permit

may be subject to any conditions which the Director-General may

impose and shall be valid for such period as specified in the permit.

(4) Any permit issued under this section shall not be in

substitution of any permit or authority to export any such wild animal,

meat, trophy or ivory or rhinoceros horn, required by or under any

other written law; nor shall any such permit be deemed to relieve any

person from any restriction on, or prohibition of, the export of any

Certificates of

ownership of

imported prescribed

trophies

Export of wild

animals etc without

permit prohibited

Permits export wild

animals, meat or

trophies

ZAMBIA WILDLIFE ACT, 1998

59

such wild animal, meat, trophy, or ivory or rhinoceros horn, imposed

by or under this Act or any other written law.

111. (1) Any person who exports or attempts to export any wild

animal, meat of any wild animal or any trophy, ivory or rhinoceros

horn except:

(a) through a customs port of entry; and

(b) under and in accordance with the conditions of an

export permit issued in respect of the animal, bird,

meat or trophy, ivory or rhinoceros horn under section

one hundred and ten;

shall be guilty of an offence.

(2) Any person who exports or attempts to export any wild

animal, meat of any wild animal, or any trophy, ivory of rhinoceros

horn, shall produce to the customs officer for inspection the export

permit issued in respect thereof under section one hundred and ten:

Provided that if that person is not in possession of the export

permit in respect thereof at the time of the export or attempted export,

the person shall be given three months within which to produce the

same, during which time the customs officer shall detain the wild

animal, meat, trophy, ivory or rhinoceros horn, as the case may be.

(3) The expenditure incurred on account of the detention of

the wild animal, meat trophy, ivory or rhinoceros horn, shall be borne

by the person exporting the wild animal, meat, trophy, ivory or

rhinoceros horn and shall be recoverable from such person as a civil

debt to the Authority.

112. (1) This Part shall not apply to any wild animal or meat of

any wild animal, trophy, ivory or rhinoceros horn:

(a) in transit through Zambia, if the wild animal, meat of

any wild animal, trophy, ivory or rhinoceros horn is

accompanied by the necessary transit customs

documents issued in the country of origin or of export

of the wild animal, meat, trophy, ivory or rhinoceros

horn and is entered through a customs port of entry; or

(b) accompanied by any person who is in possession of,

and surrenders to a customs officer, a certificate, issued

by the country of origin or of export of the wild animal,

meat of any wild animal, trophy, ivory or rhinoceros

horn, stating that the person is lawfully authorised to

export the wild animal meat, trophy, ivory or

rhinoceros horn and the person satisfies the customs

officer:

(i) that the certificate was issued to that person;

and

Restriction on export of

wild animals, meat or

trophy

Wild animals, meat and

trophies in transit

ZAMBIA WILDLIFE ACT, 1998

60

(ii) that the person is exporting the wild animal

meat, trophy, ivory or rhinoceros horn, as the

case may be, from the country of origin or

export.

(2) Any person who contravenes or fails to comply with

paragraphs (a) or (b) of subsection (1) shall be guilty of an offence.

113. Notwithstanding the other provisions of this Act, the Minister

may on the advice of the Authority and in consultation with the

Minister responsible for trade and industry and the Minister

responsible for veterinary services, by statutory instrument, regulate

the import, export or re-export of any game or protected animal and

such regulations may incorporate the requirements of the Convention

on International Trade on Endangered Species and the Lusaka

Agreement on Cooperative Enforcement Directed at Illegal Trade in

Wild Fauna and Flora.

PART XIII

ENFORCEMENT PROVISIONS

114. (1) Any proper officer, village scout or any honorary

wildlife police officer duly authorised in writing by the Director-

General to act under this section, may with a warrant, enter upon any

land, building, tent, vehicle, aircraft, boat or other conveyance for the

purposes of carrying out the provisions of this Act, or for the purpose

of preventing or detecting any offence under this Act:

Provided that no private dwelling house shall be entered

pursuant to this section except in the presence of the occupier or of a

person over the apparent age of sixteen years who resides therein as a

member of the occupier’s family.

(2) In this part “warrant” has the meaning assigned to it in

the Criminal Procedure Code.

115. (1) If any proper officer, village scout or honorary wildlife

police officer duly authorised in writing by the Director-General has

reasonable grounds for believing that any person has committed or is

committing or is about to commit an offence under this Act, or thinks

it necessary for the purpose of verifying any licence or permit

purported to have been issued to any person under this Act, or under

the Firearms Act, the officer may, with a warrant, inspect and search

any person or any building, tent or any baggage, package, wagon,

caravan, vehicle, boat or aircraft in the possession or under the control

of that person.

(2) If the proper officer or honorary wildlife police officer

in accordance with subsection (1) finds any game animal or protected

animal, meat of any game animal or protected animal, trophy,

vegetation, firearm, spear, bow, arrow or other weapon or any

Implementation of

international treaties

Cap. 88

Cap. 111

ZAMBIA WILDLIFE ACT, 1998

61

explosive, net, snare, trop or poison, which appears to have been used,

or about to be used in contravention of this Act, or if the officer finds

any other article which happens to have been used, or about to be used

in contravention of this Act, such game animal or protected animal,

trophy, meat, vegetation, firearm, spear, bow, arrow, or other weapon

or such other article may be seized and detained by the officer or

honorary wildlife police officer on behalf of the Director-General.

(3) Any proper officer or honorary wildlife police officer

who seizes and detains anything, weapon or article under subsection

(2), shall give to the person from whom such thing, weapon or article

was seized a receipt in the prescribed form signed by the proper

officer or honorary wildlife police officer, as the case may be.

(4) In the event of:

(a) the Director-General being advised in writing by the

Director of Public Prosecutions that no prosecution

consequent upon any search and seizure made under

subsections (1) and (2) respectively, should be

instituted; or

(b) any prosecution having been finally concluded;

then, in either event, anything, weapon or article so seized and

detained under subsection (2) shall be returned to the owner or to the

person from whose custody it was taken, and shall be so returned

within ten days from the date of the receipt by the Director-General of

the advice that no prosecution should be instituted or from the date

any prosecution has been finally concluded, as the case may be:

Provided that anything, weapon or article shall not be returned

under this subsection if it has been declared by the court to be

forfeited, or ordered to be destroyed, under this Act, or any other

written law.

116. (1) When any person is found committing any offence or is

reasonably suspected of having committed an offence under this Act,

any proper officer, village scout or honorary wildlife police officer

may demand the person’s name and address, and if that person refuses

to furnish such information, or fails to furnish such information to the

satisfaction of the proper officer, village scout or honorary wildlife

police officer or if the proper officer, village scout or honorary

wildlife police officer has reasonable grounds for believing that unless

arrested the person will escape or cause an unreasonable amount of

delay, trouble or expense in being made answerable to justice, that

officer may arrest such person without warrant and keep that person in

custody.

(2) Subject to subsection (3) any person arrested under

subsection (1) shall be taken as soon as practicable before a court, and

shall not be detained for longer than is reasonably necessary for that

purpose.

Power to arrest

ZAMBIA WILDLIFE ACT, 1998

62

(3) Where any person is arrested under subsection (1), a

wildlife police officer-in-charge of a wildlife police outpost to which

the person is brought may, in any case, and shall, if it does not appear

practicable to bring that person before a court within twenty-four

hours after he was so taken into custody, inquire into the case, and,

unless the offence appears to the officer to be of a serious nature,

release the person, on his executing a bond, with or without sureties,

for a reasonable amount, to appear before a competent court at a time

and place to be named in the bond; but, where any person is retained

in custody, he shall be brought before a court as soon as practicable.

(4) Notwithstanding anything contained in this section an

officer-in-charge of a wildlife police outpost may release a person

arrested under subsection (1) when, after the wildlife police inquiries

under subsection (3), insufficient evidence is, in the opinion of the

officer-in-charge, disclosed on which to proceed with the charge.

117. (1) Every wildlife police officer, village scout or honorary

wildlife police officer shall exercise such powers and perform such

duties as may be conferred or imposed upon a wildlife police officer,

village scout or honorary wildlife police officer under this Act, and

shall obey all lawful directions in respect of the execution of the office

which the officer may from time to time receive from a wildlife police

officer superior in rank to that officer.

(2) Every wildlife police officer shall be deemed to be on

duty at all times and may at any time be detailed for duty in any part

of Zambia.

(3) It shall be the duty of every wildlife police officer,

village scout or honorary wildlife police officer promptly to obey and

execute all orders and warrants lawfully issued by an officer superior

to that officer, to collect and communicate intelligence affecting the

conservation of wildlife, to prevent the commission of offences under

this Act, to detect and bring offenders to justice, and to apprehend all

persons whom the officer or village scout is legally authorised to

apprehend and for whose apprehension reasonable grounds exist.

118. A proper officer, village scout or honorary wildlife police

officer shall not be held liable for damages or otherwise for any act

done or omitted to be done in good faith in the exercise of the duties

and powers of the officer or village scout under this Act.

119. (1) Any wildlife police officer may, on the prescribed

form, take or cause to be taken in the presence of that officer, for the

purpose of record and identification, the measurements, photographs,

fingerprints, hand prints and footprints of any person in lawful

custody.

(2) A wildlife police officer acting in accordance with

subsection (1) shall certify on the form prescribed that the fingerprints

have been taken by the officer or that the officer has caused them to be

taken in the presence of that officer, in accordance with the directions

General powers and

duties of wildlife

police officers

Immunity of proper officer,

village scout and honorary

wildlife police officers

Power to take

photographs,

measurements, finger

prints etc

ZAMBIA WILDLIFE ACT, 1998

63

contained on the form, and that the particulars entered on the form are,

to the best of the officer’s knowledge and believe, accurate and true.

(3) For the purposes of this section “person in lawful

custody” means any person taken into custody under section one

hundred and sixteen.

120. (1) Notwithstanding the provisions of any other law, if any

wildlife police officer of or above the rank of Senior Wildlife Ranger

or equivalent rank considers it necessary so to do for the prevention

and detection of an offence relating to wildlife, the officer may:

(a) erect or place or cause to be erected or placed barriers

in or across any street, or cause a cordon to be placed

on or around any public place in such manner as the

officer may think fit; or

(b) cause a cordon to be placed in or across or around any

public place or private property in such manner as the

officer may think fit, and for the purpose it shall be

lawful for the wildlife police officer forming the

cordon, without the consent of any person, to enter any

property and do any act or thing necessary for the

effective formation of the cordon.

(2) Where a barrier has been erected or placed or a cordon

formed under subsection (1) any wildlife police officer may take all

reasonable steps to prevent any person passing or any vehicle being

driven past the barrier or cordon.

(3) The driver of any vehicle who fails to comply with any

reasonable signal of a wildlife police officer requiring such driver to

stop the vehicle before reaching any barrier erected or placed or

cordon formed under subsection (1), shall be guilty of an offence and

shall be liable, on conviction, to a fine not exceeding ten thousand

penalty units, or to imprisonment for a period not exceeding twelve

months, or to both.

(4) Any person who breaks through or attempts to break

through any barrier erected or placed or cordon formed, under

subsection (1) shall be guilty of an offence and shall be liable, on

conviction, to a fine not exceeding ten thousand penalty units or to

imprisonment for a period not exceeding twelve months, or to both.

121. (1) A wildlife police officer, honorary wildlife police

officer or village scout may subject to subsections (2) and (3), use any

firearm which has been issued to the officer against any person:

(a) in lawful custody charged with or convicted of an

offence under this Act when that person is escaping or

attempting to escape;

(b) who by force rescues or attempts to rescue any other

person from lawful custody; or

Traffic barriers and

cordons

Power to use

firearms

ZAMBIA WILDLIFE ACT, 1998

64

(c) who by force prevents or attempts to prevent the lawful

arrest of the person or of any other person:

Provided that a wildlife police officer, honorary wildlife police officer

or village scout shall not use a firearm:

(i) as authorised under paragraph (a) unless the wildlife

police officer, honorary wildlife police officer or

village scout has reasonable grounds to believe that the

officer or village scout cannot otherwise prevent the

escape and unless he shall give a warning to the person

that he is about to use a firearm against the person and

the warning is unheeded;

(ii) as authorised under paragraph (b) or (c) unless the

wildlife police officer or village scout has reasonable

ground to believe that the officer or village scout or any

other person is in danger of grievous bodily harm and

that the officer or village scout cannot otherwise effect

the arrest or prevent the rescue.

(2) A wildlife police officer, honorary wildlife police

officer or village scout shall not, in the presence of a superior officer,

use a firearm against any person except under the orders of that

superior officer.

(3) The use of firearms under this section shall as far as

possible be to incapacitate and not to kill.

(4) The authority vested in a wildlife police officer by

subsection (1) shall be in addition to and not in substitution for any

authority to use firearms vested in a wildlife police officer by any

other written law.

122. (1) Any licence, permit, authority, certificate or other

document issued under this Act shall upon request be produced by the

holder for inspection by any proper officer, village scout or honorary

wildlife police officer or any other person duly authorised, in writing,

by the Director-General.

(2) Any person who fails to comply with any request made

under subsection (1) shall be guilty of an offence.

123. Nothing in this Act shall exempt any person from compliance

with the Firearms Act.

124. (1) The Director of Public Prosecutions may, at the request

of the Authority or Director-General, in writing, appoint by name or

rank any officer or class of officer of the Authority to undertake and

prosecute criminal proceedings in respect of any offence alleged to

have been committed by any person in contravention of this Act, and

may at any time, without assigning any reason, cancel any such

appointment.

Documents to be

produced on request

Compliance with Firearms Act

Cap. 110

Prosecutions by officers of

Authority

ZAMBIA WILDLIFE ACT, 1998

65

(2) In undertaking or prosecuting any proceedings under

subsection (1), the officer of the Authority shall act in accordance with

the general or special instructions of the Director of Public

Prosecutions, and shall for the purpose of any such prosecution have

the powers of a public prosecutor appointed under any law for the

time being in force.

PART XIV

OFFENCES, PENALTIES AND FORFEITURES

125. Any person, other than a person authorised in writing by the

Director-General, who causes any bush or grass fire within the

confines of any National Park, Game Management Area, bird

sanctuary or wildlife sanctuary shall be guilty of an offence.

126. (1) Any person who:

(a) obstructs any proper officer, village scout or any

honorary wildlife police officer or any duly appointed

person in the lawful exercise of any powers conferred

by or under this Act;

(b) refuses to furnish to any proper officer, village scout or

honorary wildlife police officer or any duly appointed

person, on request, any particulars or information to

which the proper officer, village scout, honorary

wildlife police officer or duly appointed person is

entitled by or under this Act; or

(c) wilfully or recklessly gives to any proper officer,

village scout, honorary wildlife police officer or duly

appointed person, any false or misleading particulars to

which the proper officer, honorary wildlife police

officer or duly appointed person is entitled by or under

this Act;

shall be guilty of an offence.

(2) For the purposes of this section, the expression “duly

appointed person” means any person to whom duties in connection

with the administration of this Act have been delegated by the

Authority or Director-General, as the case may be, under this Act.

127. (1) Any person, being a person required by or under this

Act to keep any register or to furnish any return or information to the

Director-General, who:

(a) fails to keep such register or to furnish such return or

information as required;

Prohibition of bush or

grass fires in National

Parks, Game Management

Areas and sanctuaries

Failure to keep registers

or to furnish returns, an

offence

ZAMBIA WILDLIFE ACT, 1998

66

(b) fails to make any entry in such register or to furnish

such return or information within the time prescribed;

or

(c) with intent to mislead, makes any entry in such register

or furnishes any return or information which is false in

a material particular;

shall be guilty of an offence.

(2) Any person required to surrender a licence or permit

under this Act to the Director-General, who fails to surrender such

licence or permit shall be guilty of an offence.

128. Any person who, without lawful authority, alters, defaces or

removes:

(a) any register, index or other official record maintained

under this Act or of any order, requirement, regulation

or rule made thereunder; or

(b) any entry appearing in any such register, index or other

official record;

shall be guilty of an offence.

129. Any person who, without lawful authority, alters, forges,

utters, fabricates or defaces any licence, permit, authority, certificate,

register, return, record or other document, prescribed, issued,

furnished or kept under this Act, shall be guilty of an offence.

130. Any person who:

(a) being a person employed for the purposes of this Act,

publishes or communicates, without lawful authority,

to any other person any information acquired by that

person in the course of that person’s employment; or

(b) being in possession of any information which, to his

knowledge, had been disclosed in contravention of this

Act, publishes or communicates that information to any

other person;

shall be guilty of an offence and shall be liable, upon conviction, to a

fine not exceeding twenty thousand penalty units or to a term of

imprisonment not exceeding two years, or to both.

131. Except where otherwise expressly provided in this Act, any

person who is convicted of an offence under this Act shall be liable

upon conviction:

(a) for a first offence, to a fine of not less than five

thousand penalty units but not exceeding fifty thousand

penalty units or a term of imprisonment not exceeding

seven years, or to both;

Prohibition of alteration,

defacement or removal of

official records

Prohibition of alteration

or defacement of

prescribed documents or

records

Secrecy

General penalty

ZAMBIA WILDLIFE ACT, 1998

67

(b) for a second or subsequent offence, to a fine of not less

than ten thousand penalty units or to a term of

imprisonment not exceeding ten years, or to both.

132. (1) Where in respect of an offence under this Act:

(a) any person has been arrested by a proper officer or

honorary wildlife police officer, or informed by a

proper officer or honorary wildlife police officer that

there is intention to institute criminal proceedings

against that person for a particular offence; and

(b) a proper officer or honorary wildlife police officer has

reasonable grounds to believe that the court which shall

try the person referred to in paragraph (a) for the

offence shall, on conviction, impose a fine not

exceeding three hundred penalty units;

that person may sign and submit to the proper officer or honorary

wildlife police officer a document admitting his guilt for the offence

and pay to the officer such amount as that officer may determine but

not exceeding three hundred penalty units.

(2) The document referred to in subsection (1) when

signed and submitted under that subsection, shall forthwith be

transferred to the clerk of the court before which such person would

otherwise have been charged and tried and shall be entered into the

records of the court.

(3) Any proper officer or honorary police officer who fails

to remit the admission of guilt fines to the court, shall be guilty of an

offence and shall be liable, upon conviction, to imprisonment for a

term of not less than six months but not exceeding three years without

the option of a fine.

133. (1) Any person who is convicted of hunting, wounding,

molesting or reducing into possession any elephant or rhinoceros in

contravention of any provision of this Act shall be liable upon

conviction:

(a) for a first offence, to a term of imprisonment of not less

than five years but not exceeding twenty years without

the option of a fine; and

(b) for a second or subsequent offence, to a term of

imprisonment of not less than seven years but not

exceeding twenty-five years without the option of a

fine.

(2) If the court is satisfied that in the case of an offence

referred to in subsection (1), that the offence was committed for the

purpose of, or in connection with, illegal trafficking in ivory or

rhinoceros horn, the offender shall be liable, upon conviction:

Payment of fine without

appearing in court

Penalty for offence

involving elephant and

rhinoceros

ZAMBIA WILDLIFE ACT, 1998

68

(a) for a first offence, to imprisonment for a term not less

than seven years but not exceeding twenty years

without the option of a fine; and

(b) for a second or subsequent offence, whether or not the

previous offence involved illegal trafficking, to

imprisonment for a term not less than ten years but not

exceeding twenty-five years without the option of a

fine.

134. Except as otherwise expressly provided in this Act, any person

who is involved in hunting within a National Park contrary to this Act,

shall be liable upon conviction:

(a) for a first offence to imprisonment, without the option

of a fine, for a term of not less than one year but not

exceeding ten years without the option of a fine;

(b) for a second or subsequent offence to imprisonment,

without the option of a fine, for a term of not less than

two years but not exceeding fifteen years.

135. Except as provided by section one hundred and thirty-six, any

person who is in possession of, or is selling, buying, importing or

exporting or is attempting to sell, buy, import or export, any meat of a

wild animal or any trophy in contravention of this Act shall be guilty

of an offence and shall be liable, upon conviction, to a fine not

exceeding seventy thousand penalty units or to imprisonment for a

term not exceeding seven years, or to both.

136. (1) Except as otherwise provided in subsection (2) any

person who is in possession of, or is selling, buying, importing or

exporting, any protected animal or the meat or any trophy of a

protected animal, in contravention of this Act, shall be guilty of an

offence and shall be liable, upon conviction, to imprisonment without

the option of a fine for a term not exceeding seven years.

(2) Any person who is in possession of, or is selling,

buying, importing or exporting any prescribed trophy in contravention

of this Act shall be guilty of an offence and shall be liable upon

conviction:

(a) for a first offence, to imprisonment, without the option

of a fine, for a term of not less than five years but not

exceeding ten years; and

(b) for a second or subsequent offence, to imprisonment,

without the option of a fine, for a term of not less than

seven years but not exceeding fifteen years.

137. Except as otherwise provided in this Act, any person who is

convicted of an offence under Part VIII or Part IX shall be liable upon

conviction to a fine not exceeding twenty thousand penalty units or to

a term of imprisonment not exceeding six months, or to both.

Penalty for unlawful

hunting in National Park

Penalty for

possessing, buying or

selling meat or wild

animal or trophy

Penalty for possessing,

buying or selling any

protected animal or trophy

of protected animal or

prescribed trophy

Penalty for unlawful

hunting or wounding,

etc

ZAMBIA WILDLIFE ACT, 1998

69

138. Where any person is convicted of an offence under this Act in

respect of any game-pit, pitfall, trench or similar excavation, fence or

enclosure, or other device fixed to the ground, which such person has

made, used, or had in the possession of that person for the purpose of

hunting in contravention of the provisions of this Act, the court shall,

in addition to any other punishment, order such game-pit, pitfall,

trench, excavation, fence, enclosure or device to be destroyed or

obliterated in such manner as the court may specify, and any

expenditure incurred on account of such order shall be recoverable

from such person as a civil debt to the Authority.

139. (1) Upon the conviction of any person of an offence under

this Act, the court shall, at the request of the prosecution, in addition

to any other penalty imposed, declare any wild animal, meat or any

trophy, firearm or other weapon or any trap, net, poison, material or

article, or, subject to subsection (2) to (8) inclusive, any vehicle,

aircraft, boat or other conveyance with which the offence was

committed, or which was used in, or for the purpose of, or in relation

to, or in connection with, the commission of the offence, to be

forfeited without compensation and shall order the same to be

disposed of as the Authority considers fit:

Provided that in relation to an offence to which sections one

hundred and thirty-three, one hundred and thirty-four or subsection 2)

of section one hundred and thirty-six applies, the court shall in every

case, order the forfeiture of the wild animal, meat of the wild animal

or any trophy or any firearm or any other weapon or any tent or

dazzling light which was the subject of the offence or with which the

offence was committed as the case may be, or which was used in or

for the purposes of, or in relation to, or in connection with, the

commission of the offence.

(2) Where the prosecution request a declaration of

forfeiture under subsection (1) in respect of any vehicle, aircraft, boat

or other conveyance, the court shall make an order (hereinafter

referred to as a condition order), to the effect that unless any person

other than the convicted party claims, under this section, any right of

ownership in the vehicle, aircraft, boat or other conveyance within

three months of the date referred to in subsection (5), the prosecution

may apply to the court ex parte for a declaration for forfeiture under

subsection (1), and the court shall make the declaration.

(3) Upon the making of a conditional order under

subsection (2), the Director-General shall, within one month

thereafter, cause to be published in the Gazette and in at least one

issue of a newspaper in general circulation in the place where the

offence was committed, a notice of the making of the order, which

notice shall be in the form prescribed, or , if no such form is

prescribed, in a form approved by the court.

(4) If under any written law requiring the registration of

the vehicle, aircraft, boat or other conveyance referred to in

subsections (1) and (2), the vehicle, aircraft, boat or other conveyance

is registered in Zambia in the name of any person other than the

Destruction of game

pits, etc. on

conviction

Forfeiture

provisions on

conviction

ZAMBIA WILDLIFE ACT, 1998

70

person convicted, the Director-General shall, within seven days after

publication of the notice in the Gazette cause a copy to be sent by

registered post in a sealed envelope addressed to the person at the

address appearing on the register, and the certificate of registration of

the letter shall be conclusive evidence of service of the notice upon

such pe