Natural Resources Protection (Model) Bye-laws, 1992 (S.I. No.30 of 1992)

Statutory Instrument No. 30 of 1992 BYE-LAW I. Citation LOCAL GOVERNMENT (DISTRICT COUNCILS) ACT (Cap. 40:01) NATURAL RESOURCES PROTECTION (MODEL) BYE-LAWS, l99i (Publish.td ot1 27th March, 1992) ARRANGEMENT OF BYE-LAWS 2, InterpretaLion 3. Removal pcrmil required 4. Application for removal pcrmiL 5. Issue of removal pcrmil 6. Re,fu5e,d applie,atiou to 0C laid bdou; Couudl 7, Period of validi!y of permh 8. Permit not transferable 9. Offences and penalties 10. Exceptions IN EXERCISE of the powers conferred by secton 36 of lhe Local Government (District Councils) Act, the Minister of Local Govemmenl, Lands and Housing hereby makes the following model Bye•laws 1. These Bye•laws may be cited as the Natural Resources Protection (Model) Citat.ion Bye-Jaws, 1992. 2. In these Bye·laws, unless the conte~t otherwise requires- Inrerpre1..ati,;m ·'Council" means the District Council adopting these model Bye-laws; "Council area" means the area under Ute jurisdiction of lhe Council concerned; "firi>;wtmcl" in,::.h1clP.'/. flTIY fr('!'; or riny bw;:h, or rmy ptirt 1h(;'.T1;"0f, fre!;'-poi!;', charcoal, or any solid nalural substance commonly used as fuel; "natural resource" includes any firewood.gravel, sand, soil, stones, thatching grass, veld product and river reeds; "veld product'' m\,ansany plant, root, fruit or tuber used either ror consumption by humans or domestic animals or tor medicmal or veterinary purposes. 3. No person shall remove any natural resource from the Council area Application except under and in accordance wil.h I.he terms and conditions of a removal for remov•l permit. permil 4, (1) Any person who wit:hotl to obtain nromovol pennitt:ho.11 lodgea written a.,,,,und application therefor with Ute Council Secretary in his capacity as Secretary of penni~ the Land Board, in such form as the Council Secretary may require. required (2) Every application under lhis bye-law shall clearly specify (a) the kind of natural resource in respect of which the application is being made, and the quantity thcreoflhal the applicant wishes to remove; (b) whether or nol the applicant is resident in the Council area, and whelherornol the natural resource is for use within the Council area; antl (c) the purpose for which lhe natural resource is required. lnue of removal permit Refused applicatloo IO be laid b<fore coune,J Period of validity of permit f'l:rml1n01 tr1111forrabl1' OfletJC.C& and penaltil'S lliccptiom (3) An application under this bye.Jaw shall be in respect of one kind of natural resource only: Provided lhat other apphcal.lons tor d1tferent natural resources may be lodged at the same time, S. (1) Subject to the provisions oflhis bye-law, and after due consideration or an application made under bye-law 4, the Council Sccre.tary shall issut' a rcmovnl permit to the opplicunt on poymeflt of such foe 0$ $hall b0 determined by the Council, with the approval of the Minister: Provided that different fees may be determined in rcspccl of different natural resources, and according to whether the natural resource is to be used within or without lhc Council area, whether the applicant is a contractor, or whether the natural resource, is for the applicant's own use or for use by some other person, and whether or not such use by another person is for hire or reward. (2) The Council Secretary shall nol issut', a removal permit in respecl of any muurnl ICSULIIl.:C if ll!C locaLiu11 uf Lin:: plau: wht::lt:: il i.-; LU be used is IJUL in BoLswana. (3) The Council Sec,cWy shall not issue a removal pennil which permits, or has lhe effect of permitting the removal of a quantity of firewood which P.t'.<'.t".f'rl<: 'i ll"u'l"l, nr•mrh nthr,.rquantity thl'lt lhr:' {'r,1mc.il, with the approval nfthe, Minister, dctennincs, or of any quantity of a natural resource which is in excess of that reasonably required for the purpose stated in the application. (4) A removal permit may be issued sub1cc1 to such tenns and conditions as the Council Secretary 111ay, in each case, determine, and which shall be clearly stated in the permit, 6. (1) Where a Council Secretary has refused to issue a removal pennit in accordance with the provisions of bye-law 5, he shall lay such application, togelher with his reasons for refusing lo issue a removal pcnnit, before lhe next \'t\t>t>frrog of the Ccmncl\ fo\\owing the OOt.c oi such rcfoM\. (2) Where an application is laid before the Council in accordance with the provisions of this bye-Jaw, the Council may, ofler due consideration, grant the application and direct the Council Secretary to issue a removal permit subject to such terms and conditions as lhc Council m:tY detennine, and which shall be clearly stated in the permit. 7, A removal permi1 shall be valid for such period as the Council or the Council Secretary, as the case may be, shall in each case detennine, a:nd which shall be clearly stated in lhe permit 8. A ICIIIUV.tl permiL ~hall IIUl bt>: hirell, ccdc<l, Lr!trlSfcrrctl or mailt': over (0 any other person in any way whatsoever. 9. Any person who contravenes or fails W comply with any provision of these Bye-laws, or with any oft.he terms and conditions subject to which a removal permit is i,;;sucd .. Qhall he guihy of an riffl'nrl'c and liahle: lo a linl' nf P"iO nr in default thereof to imprisonment for three months, and in addition to any such penalty imposed or to which he is liable, may have any removal permit issued to him canc.eltcd. 10. (1) The provisions of these Bye-laws shall not apply to Departments of the Government, or lo conLractors employed by the Government on public works projects lo whom the Permanent Secretary of the Ministry concerned has issued an authorization in writing which is produced to the Council Secretary: Provided that such conLractor shall not I.hereby be entitled lo remove any n..iiur~l r.:i:011rc0 for any purpo~,;r: othor than Lhc fulfilmenl of hi$ contract wi!.h the Government. (2) Where any contractor to whom such wriLLCn authorizalion is issued removes any natural resource for any purpose other than the fulfilment of his contract wtrh the Govemm~IIL, such -:ont.raclor shall UC guilLy ufau ufk-m:e an<l liable to a fine equal to five times lhe market value of the natural resource so removed. MADE this 6th day of March, 1992. Minister of Local Governmeni, Lands and flousing.