Regulations n. 138 relating to the registration of regulated businesses: Namibia Tourism Board Act, 2000

1. In these regulations, unless the context otherwise indicates, a word or expression to which a meaning has been assigned in the Act has that meaning, and - “Board” means the Namibia Tourism Board established by section 2 of the Act; “levy period” means the period prescribed by regulation 4(1) in respect of which the levy referred to in regulation 3 is payable; “owner” in relation to a registered accommodation establishment, means any person - (a) who, either solely or jointly with one or more other persons, is the holder of a certificate of registration issued under section 20 of the Act to conduct that accommodation establishment; or (b) who for the time being receives or is entitled to receive the proceeds of the profits arising from the accommodation establishment; “registered accommodation establishment” means an accommodation establishment registered under section 20 of the Act; “the Act” means the Namibia Tourism Board Act, 2000 (Act No. 21 of 2000). Tourism levy

2. Every owner of a registered accommodation establishment, other than a campsite or a camping and caravan park, must pay a levy to the Namibia Tourism Board in the amount, and at the times and in the manner, prescribed by these regulations. Basis for calculating levy

3. (1) The levy payable in terms of regulation 2 is - (a) the amount equal to two percent (2%) of the total amount charged to guests over a levy period in accordance with the establishment’s tariff - (i) for bed and breakfast; or, (ii) if breakfast is not included, for bed-night accommodation; or (b) in the case of an accommodation establishment where a single tariff, inclusive of accommodation, food and beverages and recreational activities (if any) 4 Government Gazette 14 July 2004 No.3235 is charged, the amount equal to one percent (1%) of the total amount charged to guests over the levy period, calculated in accordance with the single tariff. (2) Any amount representing value-added tax charged and collected in terms of the Value-Added Tax Act, 2000 (Act No. 10 of 2000) in respect of the provision of a service, must be disregarded for the purpose of calculating the amount of levy payable in terms of subregulation (1). Levy period and time and manner of payment

4. (1) The levy payable in terms of regulation 2 must be paid in respect of every period of two months calculated with effect from - (a) the date of commencement of these regulations; or (b) the date of registration, in the case of an accommodation establishment registered after the date of commencement of these regulations. (2) Payment of the amount of the levy must - (a) be made to the Board not later than - (i) the last day of the calendar month that follows a levy period; or (ii) if the last day of that month falls on a Saturday, Sunday or public holiday, on the first business day after that day; (b) be made at an office of the Board or in accordance with any other arrangement approved by the Board; and (c) be accompanied by a statement, in a form determined by the Board, in respect of the levy period for which the payment is made. Additional charge on late payment

5. An owner, who fails to pay the levy in full by the last day for payment prescribed by regulation 4(2)(a), must pay, in addition to the levy, a charge equal to 5 percent of any outstanding amount of the levy in respect of each month or a part of a month during which the outstanding amount remains unpaid. Offences and penalties

6. An owner who, on expiry of a period of 14 days after the Board has sent a written demand to the owner requiring him or her to pay any outstanding amount of the levy or of interest accrued in terms of regulation 5, fails to pay that amount is guilty of an offence and is liable to a fine not exceeding N$ 4000 or to a sentence of imprisonment not exceeding one year or to both such fine and such imprisonment. ________________ No.3235 Government Gazette 14 July 2004 5 MINISTRY OF ENVIRONMENT AND TOURISM No. 138 2004 REGULATIONS RELATING TO THE REGISTRATION OF REGULATED BUSINESSES: NAMIBIA TOURISM BOARD ACT, 2000 The Minister of Environment and Tourism has under section 30 of the Namibia Tourism Board Act, 2000 (Act No. 21 of 2000), made the regulations set out in the Schedule, which shall come into effect on 1 February 2005. SCHEDULE Arrangement of regulations 1. Definitions

2. Form of application, certificates and other documents

3. Application for registration of a regulated business

4. Requirements for registration and obligations of registered operators

5. Application to alter category of registration 6. Reapplication if registration is refused

7. Operator to provide facilities for inspection

8. Application after revocation of conditional registration

9. Issue of certificate of registration and discs 10 Reinstatement of registration

11. Change of particulars of registration

12. Replacement certificates

13. Return of certificate of registration to Board

14. Appointment of manager

15. Use of logo of Board

16. Particulars on letterheads and information concerning services

17. Only registered regulated business may be conducted

18. Compliance with requirements and renewal of insurance premiums

19. Register of regulated businesses

20. Client register and returns

21. Requirements in respect of vehicles used for activities

22. Requirements in respect of vessels used for activities

22. Requirements in respect of aircraft used for activities

23. Display of certificate of registration and notice

24. Penalties Annexure 1 - Fees Annexure 2 - Activity operators: Requirements for Registration and Obligations Annexure 3 - Air charter operators: Requirements for Registration and Obligations Annexure 4 - Booking Agents: Requirements for Registration and Obligations Annexure 5 - Conference centre operators: Requirements for Registration and Obligations Annexure 6 - Foreign tour operators: Requirements for Registration and Obligations Annexure 7 - Shuttle and transport service operators: Requirements for Registration and Obligations Annexure 8 - Tour facilitators: Requirements for Registration and Obligations Annexure 9 - Tour and safari operators: Requirements for Registration and Obligations 6 Government Gazette 14 July 2004 No.3235 Annexure 10 - Trophy hunting operators: Requirements for Registration and Obligations Annexure 11 - Vehicle rental operators: Requirements for Registration and Obligations Definitions

1. In these regulations, unless the context otherwise indicates, a word or expression to which a meaning has been assigned in the Act has that meaning and - “aircraft” means airborne craft of whatever type, whether self-propelled or not, and includes a hovercraft and a hot-air balloon; “approved form” means a form approved in terms of regulation 2; “first-aid kit” means a portable container which is - (a) water and dust resistant; and (b) stocked with adequate and unexpired medical supplies, equipment and remedies reasonably required for giving first aid treatment in any injury or other emergency situation, in particular situations likely to arise from the risks and dangers inherent to a particular activity offered by a regulated business; “operator”, in relation to a regulated business, means the person - (a) by whom or on whose behalf the regulated business is conducted or is to be conducted, whatever may be the nature or extent of that person’s interest in the business; or (b) who for the time being receives or is entitled to receive the proceeds of the profits arising from the regulated business; “recognised first-aid certificate” means a first-aid certificate issued after examination by a body or institution approved as a competent authority in terms of the regulations relating to health and safety made under the Labour Act, 1992 (Act No. 6 of 1992) or any other body or institution approved by the Minister with the concurrence of the Minister responsible for health; “registered accommodation establishment” means an accommodation establishment registered under section 20 of the Act; “registered insurer” means a company registered as an insurer under the Short-term Insurance Act, 1998 (Act No. 4 of 1998) or the Long-term Insurance Act, 1998 (Act No. 5 of 1998); “regulated business” means a business falling within a sector of the tourism industry which has been declared a regulated sector under section 23 of the Act; “Road Traffic and Transport Act” means the Road Traffic and Transport Act, 1999 (Act No. 22 of 1999); “the Act” means the Namibia Tourism Board Act, 2000 (Act No. 21 of 2000); “vessel” means any water-navigable craft of any type, whether self-propelled or not; “vehicle” means any conveyance which can be used for the conveyance of persons or goods on land, whether self-propelled or not. No.3235 Government Gazette 14 July 2004 7 Form of application, certificates and other documents

2. (1) Every application required to be made, and every certificate or other document required to be issued, in an approved form in terms of these regulations, must be made or issued in a form approved by the Minister. (2) The Board must, at the request of a person who proposes to make an application in terms of these regulations, furnish that person with the appropriate application form. Application for registration of regulated business

3. (1) An application in terms of section 24 of the Act for the registration of a regulated business must be made in the approved form and be accompanied by - (a) proof of the applicant’s right of occupation of the premises, if any, from which the regulated business will be operated; (b) a certified copy of any permit, approval or other form of authorization which the applicant is required to obtain from any authority, other than the Board, in terms of any other law - (i) to conduct the category of regulated business to which the application relates; or (ii) to render any service or carry on any other business or activity in or in association with the regulated business, or if an application for such a permit, approval or authorisation is pending, proof to the satisfaction of the Board that the application has been made, with particulars of the nature thereof; (c) in the case of the applicant being a company or close corporation, a certified copy of the certificate of incorporation of the company or the close corporation; (d) a written statement setting out the activities, facilities and services to be provided to clients; (e) if an environmental impact assessment plan is required to be submitted for approval to any authority in terms of any law in respect of any business operation or activity of, proof of such approval accompanied by a copy of the plan; (f) a safety and emergency response plan setting out particulars of equipment and appliances to be provided and measures to be applied in relation to a particular activity offered by the regulated business - (i) for the safety of clients participating in the activity; and (ii) to deal with an emergency that may arise from the participation of clients in the activity; (g) any other information or documents prescribed by these regulations or which the Board requires in connection with the application; and (h) the appropriate application fee prescribed in Annexure 1. (2) If it is proposed to provide in connection with any activity of the regulated business - 8 Government Gazette 14 July 2004 No.3235 (a) a service for the transport of clients, either as an integral part of the activity, as a courtesy service or for recreational or any other purposes, the application in terms of subregulation (1) must be accompanied by proof that the applicant has taken out general passenger liability insurance cover with a registered insurer for a minimum amount of N$5 million; (b) any service for the recreation of guests to be carried out under the guidance or supervision of a staff member or any other person engaged for that purpose, the application in terms of subregulation (1) must be accompanied by proof that the applicant has taken out general public liability insurance cover, including professional indemnity cover, with a registered insurer for a minimum amount of N$2.5 million. Requirements for registration and obligations of registered operators

4. The requirements for registration and the obligations to be complied with by registered operators are as prescribed in the Annexures to these regulations, as follows: (a) activity operators - Annexure 2; (b) air charter operators - Annexure 3; (c) booking agents - Annexure 4; (d) conference centre operators - Annexure 5; (e) foreign tour operators - Annexure 6; (f) shuttle and transport service operators - Annexure 7; (g) tour facilitators - Annexure 8; (h) tour and safari operators - Annexure 9; (i) trophy hunting operators - Annexure 10; (j) vehicle rental operators - Annexure 11. Application to alter category of registration

5. (1) The operator of a registered regulated business who wishes to have an additional regulated business registered, whether located on the same or any other premises, must apply to the Board for the registration of that business. (2) An application under subregulation (1) must be made in the approved form and be accompanied by - (a) the documents referred in regulation 3 in respect of the additional regulated business; and (b) the appropriate application fee prescribed in Annexure 1 for the additional regulated business. Reapplication if registration is refused

6. If an application for registration of a regulated business is refused by the Board, the operator of the business must apply afresh for registration in accordance with regulation 3 if the operator wishes to pursue the registration of that business. No.3235 Government Gazette 14 July 2004 9 Operator to provide facilities for inspection

7. (1) The operator of a regulated business in respect of which an inspector seeks to carry out an inspection for any purpose mentioned in section 18(1)(b)(i) or (ii) of the Act, must at all reasonable times afford free access to any premises, equipment, vehicles, books or records relating to the business to the inspector. (2) If, in the case of an application for registration of a regulated business, the applicant fails to comply with subregulation (1), the Board must not consider the application unless the applicant allows full inspection as required by that subregulation. Conditional registration

8. (1) Upon granting a conditional registration of a regulated business under section 25 of the Act, the Board must issue to the applicant a conditional certificate of registration in the approved form upon payment of the appropriate fee prescribed in Annexure 1. (2) A conditional registration of a regulated business may be granted subject to such conditions as may be determined by the Board and included or attached to the certificate of registration. (3) If the owner of a regulated business in respect of which the Board has revoked a conditional registration in terms of section 25(2) of the Act wishes to pursue the registration of that business, the owner must apply afresh for registration in the manner, and accompanied by the documents and fee, prescribed by regulation 3. Issue of certificate of registration and discs

9. (1) On approval of an application for registration of a regulated business and upon payment of the appropriate registration fee prescribed in Annexure 1, the Board must issue to the applicant - (a) a certificate of registration in the approved form; and (b) a disc bearing the name and emblem of the Board in respect of each vehicle, vessel or aircraft to be used for the conveyance of persons in connection with any activity of that business. (2) An operator must - (a) display the certificate of registration of the regulated business in a conspicuous manner at the reception area or office of any premises at which the business is conducted, or if such display is not practicable, keep the certificate of registration available for inspection on request of an inspector or any member of the public; and (b) display on every vehicle, vessel or aircraft referred to in subregulation (1) the disc issued in respect thereof. (3) An operator who wishes to replace a disc issued in terms of subregulation (1) which is lost, damaged or destroyed, must apply in writing to the Board for a replacement disc and pay the appropriate replacement fee prescribed in Annexure 1. (4) Any vehicle, vessel or aircraft acquired by an operator of a registered regulated business - (a) to replace an existing vehicle, vessel or aircraft; or (b) in addition to any existing vehicles, vessels or aircraft, 10 Government Gazette 14 July 2004 No.3235 may not be used for the conveyance of any person in connection with any activity of the regulated business unless the operator, upon application to the Board in writing and payment of the appropriate fee prescribed in Annexure 1, has obtained from the Board a disc referred to in subregulation (1)(b) in respect of that vehicle, vessel or aircraft. (5) A person commits an offence who - (a) uses a disc referred to in subregulation (1) on a motor vehicle which has not been lawfully issued in respect of that motor vehicle by the Board; (b) not being the owner of a regulated business registered in accordance with these regulations, and with the intention to deceive, uses a disc of the Board referred to in subregulation (1)(b) without the consent of the Board or uses a token or sign resembling a disc of the Board issued to operators under subregulation (1); or (c) being an operator of a registered business, fails to comply with subregulation (2) or contravenes subregulation (4). Reinstatement of registration

10. (1) The operator of a regulated business of which the registration has been withdrawn by the Board under section 26 of the Act must apply afresh for registration of the business if the operator wishes to have its registration reinstated. (2) An application referred to in subregulation (1) must be made in the manner, and be accompanied by the documents and fee, prescribed by regulation 3. Change of particulars of registration

11. In the event of a change - (a) of the ownership or name of a regulated business; (b) of the address of the operator of a regulated business; (c) of the person appointed as manager of a regulated business in terms of regulation 14; or (d) resulting from the acquisition of any replacement or additional vehicle, vessel or aircraft. the operator must notify the Board thereof within 30 days of the date on which the change occurs. Replacement certificates

12. (1) In the event of a certificate of registration of a regulated business being damaged, destroyed or lost, the operator of the business must apply in writing to the Chief Executive Officer for the replacement of that certificate. (2) An application in terms of subregulation (1) must be accompanied by - (a) the damaged certificate, if the application relates to a certificate that has been damaged; or (b) a sworn statement explaining the circumstances of the loss or destruction of the certificate, if the application relates to a certificate that has been lost, or destroyed; and (c) the appropriate replacement fee prescribed in Annexure 1. No.3235 Government Gazette 14 July 2004 11 (3) Upon compliance with subregulation 1, the Chief Executive Officer must issue to the applicant a new certificate of registration. Return of certificate of registration to Board

13. (1) The operator of a regulated business must return to the Board the certificate of registration issued in respect of that business if - (a) the registration of the regulated business is withdrawn under section 26 of the Act; (b) the operator ceases to conduct the regulated business; or (c) the name under which the regulated business is conducted is changed and a new certificate is issued by the Board. (2) A person who fails to comply with subregulation (1) commits an offence. Appointment of manager

14. (1) If the operator of a registered regulated business - (a) is a body corporate, partnership or an association of persons; or (b) is an individual not personally responsible for the day to day control and management of the business, that operator must appoint a person to conduct the day to day control and management of the regulated business and, not later than 30 days after the date of registration of the business or on which the operator ceases to personally manage the business, as the case may be, notify the Board of the appointment of such manager. (2) A notification in terms of subregulation (1) must be made in the manner, and furnish the particulars, as the Board may determine. (3) The operator of a regulated business may not appoint a person as manager if the person - (a) is not a Namibian citizen or not resident in Namibia under a permanent residence permit or a work permit issued under the laws relating to immigration; (b) is an unrehabilitated insolvent; or (c) has, within the period of 5 years preceding the date of the proposed appointment, been convicted of an offence in respect of which he or she has been sentenced to a period exceeding three months without the option of a fine. Use of logo of Board

15. (1) Only a registered regulated business may, with the approval of the Board, use the logo of the Namibia Tourism Board for endorsement of its business, services and facilities. (2) The Board may, upon granting approval under subregulation (1), specify conditions subject to which the logo of the Board may be used or displayed by a registered regulated business. (3) A person who contravenes subregulation (1) or the operator of a registered regulated business who fails to observe any specification of the Board under subregulation (2), commits an offence. 12 Government Gazette 14 July 2004 No.3235 Particulars on letterheads and information concerning services

16. (1) The operator of a regulated business must ensure - (a) that particulars of the activities, facilities and services offered to clients, as well as the tariffs charged and conditions of use in respect of those activities, facilities and services are clearly and conspicuously displayed at the reception area or office of the business and are available in a written form on request to clients or prospective clients and for inspection by the Board or an inspector; (b) that all letterheads used and all advertisements, brochures, pamphlets and other material published, distributed or made available for public information, clearly indicate the regulated sector in respect of which the business is registered; (c) that no false or misleading information is displayed, published or given in any way contemplated in paragraph (a) or (b). (2) An operator of a regulated business who fails to comply with subregulation (1) commits an offence. Only registered regulated business may be conducted

17. (1) Subject to subregulation (2), the operator of a registered regulated business must ensure that the name under which the business is being conducted indicates - (a) the category of regulated business under which it is registered; and (b) no other category of business in conjunction with the business referred to in paragraph (a), unless such other class of business is also registered by the operator in accordance with these regulations. (2) Despite subregulation (1), a person who, on the date of commencement of these regulations carries on a business or activity which is required to be registered in accordance with these regulations and which is being conducted under a name which does not comply with the requirements of subsection (1), may if that business is registered under these regulations continue to conduct the business under the name concerned for a period not exceeding 5 years after the date these regulations come into effect, whereafter the operator must comply with subsection (1) in relation to that business. (3) A person who fails to comply with subregulation (1) or (2) commits an offence. Compliance with requirements and renewal of insurance premiums

18. (1) The operator of a registered regulated business must ensure that the requirements prescribed for registration in these regulations are complied with at all times during the duration of registration of that business, including requirements in respect of any service or facility that the operator has contracted out to be provided or managed by any other person. (2) operator of a registered regulated business who is required to take out insurance cover in accordance with regulation 3(2)(a) or (b) must - (a) ensure that the insurance premiums payable under the relevant policy are regularly paid on the due date; and (b) within 7 days after expiry of the due date, provide proof to the Chief Executive Officer of the payment thereof. No.3235 Government Gazette 14 July 2004 13 (3) An operator of a regulated business who fails to comply with subregulation (2)(a) or (b) commits an offence. Register of regulated businesses

19. The register to be kept in terms of section 27 of the Act of particulars of registered regulated businesses must be in a form approved by the Minister. Client register and returns

20. (1) An operator of a registered regulated business must cause a register to be kept at the premises of the business for entering the particulars prescribed in subregulation (2). (2) The following particulars must be entered in the register in respect of each client or booking group in respect of whom a service is provided: (a) citizenship or country of residence; (b) number of persons in a group; and (c) duration of service provided if it extends to more than one day. (3) The operator of a registered regulated business, or if a manager is employed, that manager, must submit to the Board, within the period and in the form determined by the Board, monthly returns relating to the activities, facilities and services provided by the regulated business during the previous month. (4) An operator of a regulated business who fails to comply with subsection (1), (2) or (3) commits an offence. Requirements in respect of vehicles used for activities

21. The operator of a regulated business, other than a foreign tour operator, where any vehicle is to be used for conveying clients on a public road in connection with any activity or service provided by the business must ensure that no vehicle is used for that purpose unless - (a) the vehicle is registered and licensed under the Road Traffic and Transport Act; (b) in the case of a motor vehicle of a class prescribed under section 58(2) of the Road Traffic and Transport Act, a current roadworthy certificate is in force in respect of that motor vehicle; (c) in the case of a motor vehicle of a class in respect of which an operator card is required to be held in accordance Chapter 6 of the Road Traffic and Transport Act, a valid operator card is displayed on that motor vehicle in the manner prescribed under that Act; (d) the vehicle bears clear identification of the operator’s business on both sides of the vehicle; (e) the driver of the motor vehicle holds a valid driving licence for the class of motor vehicle used; (f) the disc of the Board is displayed on the vehicle as required by regulation 9(2); and (g) the vehicle carries, in a readily accessible position - 14 Government Gazette 14 July 2004 No.3235 (i) a fire extinguisher; and (ii) first-aid kit. Requirements in respect of vessels used for activities

22. (1) The operator of a regulated business where any vessel is to be used for the conveyance of clients in connection with any activity or service provided by the business must ensure that no vessel is used for that purpose unless - (a) the body, machinery, tackle, apparatus and other accessories or equipment of the vessel or used on the vessel is in good order and effective action; (b) every person aboard the vessel is provided with a life-jacket or other means of safety protection in the event of an emergency situation; (c) in the case of a vessel used for rafting, every person aboard the vessel is provided with a protective helmet; (d) the person in control of the vessel has received proper training in, or has sufficient experience of, the handling of the type of vessel used; and (e) in the case of a sea-going vessel, the provisions of the Merchant Shipping Act, 1951 (Act No. 57 of 1951) are at all times complied with in relation to the vessel and any person engaged to be in control of the vessel. Requirements in respect of aircraft used for activities

23. (1) The operator of a regulated business where any aircraft is to be used for the conveyance of clients in connection with any activity or service provided by the business must ensure that no aircraft is used for that purpose unless the aircraft - (a) is registered or licensed; (b) has an air worthiness certificate, issued under the Aviation Act, 1962 (Act No.74 of 1962) and the Civil Aviation Regulations thereunder promulgated by Government Notice No. 1 of 2 January 2001. (2) Any person engaged to be in control of an aircraft on any flight carrying clients must be in possession of a valid aircraft operator certificate issued under the Aviation Act, 1962 (Act No.74 of 1962) and the Civil Aviation Regulations promulgated by Government Notice No. 1 of 2 January 2001. Display of certificate of registration and notice

24. The operator of every registered regulated business must ensure that there be displayed at the reception area or any office or place where clients or prospective clients are served - (a) the certificate of registration issued in respect of the business; and (b) the following notice: “This business, being registered as a regulated business under the Namibia Tourism Board Act, 2000 (Act No. 21 of 2000) is by law required to comply with certain minimum requirements relating to services, facilities and activities provided. If satisfaction is not obtained from the management, complaint in writing may be made to the Chief Executive, Namibia Tourism Board, Private Bag 13244, Windhoek.”. No.3235 Government Gazette 14 July 2004 15 Penalties

25. A person convicted of an offence under these regulations is liable to a fine not exceeding N$4 000 or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment. ANNEXURE 1 FEES

1. Application fees Activity operators N$1,000 plus N$250 for each vehicle, vessel or aircraft used, up to a maximum of N$10,000. Operators offering activities not involving use of a vehicle, vessel or aircraft N$1,200. Air charter operators N$1,000 plus N$600 for each aircraft, to a maximum of N$10,000. Booking agents N$1,800. Conference centre operators N$2,200. Foreign tour operators N$10,000 plus N$500 for each vehicle registered to operate in Namibia. Shuttle and transport service operators N$1,000 plus N$300 for each vehicle, to a maximum of N$8,000 Tour and safari operators N$1,000 plus N$400 for each vehicle, to a maximum of N$10,000 Tour facilitators N$3,800 plus N$200 for every disc issued. Trophy hunting operators N$2,500 without hunting accommodation; N$3,000 with hunting accommodation. Vehicle rental operators N$1,000 plus N$300 for each vehicle offered for rental, to a maximum of N$10,000.

2. Registration fees Activity operators N$50 for each vehicle, vessel or aircraft used, to a maximum of N$2,000; Operators offering activities not involving use of a vehicle, vessel or aircraft N$100. Air charter operators N$100 for each aircraft used, to a maximum of N$2,000. Booking agents N$200. Conference centres operators N$200. 16 Government Gazette 14 July 2004 No.3235 Foreign tour operators N$2,000 plus N$100 for each vehicle registered for conveying clients in Namibia. Shuttle and transport service operators N$100 for each vehicle used, to a maximum of N$2,000. Tour and safari operators N$100 for each vehicle used, to a maximum of N$2,000. Tour facilitators N$200. Trophy hunting operators N$200 without hunting accommodation; N$200 with hunting accommodation. Vehicle rental operators N$100 for each vehicle offered for rental, to a maximum of N$2,000.

3. Operator conducting more than one business If an application relates to a business comprising a combination of different categories of regulated businesses or classes of accommodation, the application fee must be calculated as follows: (a) 100% of the application fee prescribed in item 1 for any other type of the core business as determined by the Board; (b) 50% of the application fee as prescribed in item 1 for any other type of the second main business as determined by the Board; and (c) 25% of the application fee as prescribed in item 1 for any other type of business conducted in addition to business activities mentioned in paragraphs (a) and (b).

4. Other fees Replacement of certificate of registration N$100 Replacement of disc, either for disc lost, damaged or destroyed or for a replacement of a vehicle N$80 Issue of additional disc N$200 Issue of new certificate of registration due to change of name or category of business N$100 ANNEXURE 2 Activity Operators: Requirements for Registration and Obligations

1. For registration as an activity operator, the operator of the business must provide recreational facilities, equipment and training to tourists in relation to tourist related activities, such as horse riding, air ballooning, quad biking, white water rafting or other similar activities. No.3235 Government Gazette 14 July 2004 17

2. At the operator’s business premises or operational base - (a) the inside and outside of all permanent buildings and structures and any grounds where clients are received or which are used by them or to which they have access, must be kept in a clean and tidy condition and good order of repair at all times; and (b) at least one toilet must be provided for clients.

3. Equipment and facilities provided for use in connection with an activity must at all times be in good order of repair and effective action. Personal safety gear and equipment must be provided to clients appropriate for the risks and dangers of injury inherent to a particular activity.

4. Any activity offered for participation by clients must be provided under the guidance of a person with appropriate training or experience to advise and assist clients.

5. The operator or at least one employee of the operator must be in possession of a recognised first-aid certificate and such person must be in attendance at any place where, and for the duration that, an activity is being carried on.

6. First-aid kit must be available in close proximity where an activity is carried out.

7. Any animal used in or in connection with an activity must be professionally trained for the type of work it is to perform and no animal must be used unless it is well- maintained and in a fit and healthy condition. Animals to be handled by participants must be of a reliable and friendly-tempered nature.

8. Guidelines and instructions reasonably required for advising participants in relation to risks inherent to an activity must be provided to clients either in writing or in a formal presentation. ANNEXURE 3 Air Charter Operators: Requirements for Registration and Obligations

1. For registration as an air charter operator, the operator of the business must provide air charter flights to tourists for scenic tours or other recreational purposes or transport to tourist destination spots, either with or without the services of a pilot provided by the operator.

2. At the business premises or operational base of a Namibian based operator - (a) the inside and outside of all permanent buildings and structures and any grounds where clients are received or which are used by them or to which they have access, must be kept in a clean and tidy condition and good order of repair at all times; and (b) at least one toilet must be provided for clients.

3. Details of any insurance cover provided by a registered insurer that is obtainable through the assistance of the operator must be made available to clients, and any client taking out any such insurance cover through the operator must be provided with the insurance policy of the registered insurer.

4. The operator must, in respect of every aircraft used to transport clients, be in possession of - (a) an aircraft certificate of registration; and 18 Government Gazette 14 July 2004 No.3235 (b) air worthiness certificate, issued under the Aviation Act, 1962 (Act No.74 of 1962) and the Civil Aviation Regulations thereunder promulgated by Government Notice No. 1 of 2 January 2001.

5. Safety instructions in at least English must be available on the aircraft for every passenger during any flight.

6. First-aid kit must be carried in a readily accessible position on the aircraft during every flight. ANNEXURE 4 Booking Agents: Requirements for Registration and Obligations

1. For registration as a booking agent, the operator of the business must provide services for making bookings or reservations for travel by air, road or sea or for accommodation at hotels or other accommodation establishments on behalf of tourists or any sector of the tourism industry.

2. The operator’s business must be conducted from fixed premises and the operator must ensure that - (a) the inside and outside of all permanent buildings and structures and any grounds where clients are received or which are used by them or to which they have access, are kept in a clean and tidy condition and in good order of repair at all times; and (b) at least one toilet is provided for clients.

3. Details of any insurance cover provided by a registered insurer that is obtainable through the agency of the booking agent must be made available to clients, and any client taking out any such insurance cover through the operator must be provided with the insurance policy of the registered insurer. ANNEXURE 5 Conference Centre Operators: Requirements for Registration and Obligations

1. For registration as a conference centre operator, the operator of the business must provide facilities, equipment and services for the holding of conferences, not being a facility which forms part of and is conducted by a registered accommodation establishment.

2. The operator of a registered conference centre must ensure that the following requirements are complied with: (a) All meeting rooms, including its furnishings, equipment and appliances, must be in a good state of repair; (b) Meeting rooms must - (i) have sufficient natural or artificial lighting, (ii) have sufficient and effective ventilation or air conditioning; (iii) be provided with adequate power points for conference equipment; and No.3235 Government Gazette 14 July 2004 19 (iv) be provided with a minimum of one black or white board as standard for the room. (c) Meetings rooms seating 150 people or more must be provided with a sound amplification system and microphones. (d) Separate toilets for each of the sexes must be provided at the ratio of at least one toilet for every 25 delegates. (e) Suitable facilities for the registration of attendants of a meeting must be provided. (f) Adequate parking facilities for vehicles on the premises must be provided.

3. In addition to the requirements of paragraph 2, the following equipment must be made available and provided on request: (a) Slide, film, overhead or multimedia projectors with screens. (b) Video cassette recorders with television sets. (c) Photocopying, telephone and fax facilities. (d) Sufficient number of good quality chairs and conference tables must be provided to permit a variety of seating configurations. ANNEXURE 6 Foreign Tour Operators: Requirements for Registration and Obligations

1. For registration as a foreign tour operator, the operator of the business must conduct business from a base in a foreign country and provide services for bringing tourists to tourist destinations in Namibia.

2. An operator must be in possession of insurance cover as provided in regulation 3(2)(a) and (b), obtained either from a registered insurer in Namibia or from an insurer registered in accordance with the laws of another country and providing equal cover for an event occurring in Namibia.

3. A foreign tour operator who uses for a tour through any part of Namibia a motor vehicle which is not registered and licensed in Namibia under the Road Traffic and Transport Act, must ensure - (a) that there is in force in respect of that vehicle a current roadworthy certificate or other similar document issued by a competent authority of the country where the operator is based as contemplated in section 58(4)(b) of the Road Traffic and Transport Act; and (b) that in respect of any tour undertaken to Namibia which constitutes cross- border road transport in accordance with the provisions of Part II of Chapter 6 of the Road Traffic and Transport Act, a cross-border permit as required by those provisions is held by the operator;

4. An operator must ensure - (a) that every person employed to accompany and provide services to clients on a tour in Namibia who is not a Namibian citizen is authorised by an appropriate permit or other authorisation issued under the immigration laws of Namibia to perform work of the kind in question in Namibia; 20 Government Gazette 14 July 2004 No.3235 (b) that every person employed to drive a motor vehicle in Namibian conveying clients is in possession of a valid driver’s licence issued under the Road Traffic and Transport Act or a valid driver’s licence or other document authorising the driving of a motor vehicle of the class in question which in terms of section 41 of the Road Traffic and Transport Act is deemed to be driver’s licence for the purposes of that Act; (c) if transportation of tourists is provided by means of a motor vehicle in respect of which an operator card is required to be held in accordance Chapter 6 of the Road Traffic and Transport Act, that a valid operator card is displayed on that motor vehicle in the manner prescribed by that Act; and (d) that every vehicle used for transporting clients carries in a readily accessible position - (i) a first-aid kit; and (ii) a fire extinguisher.

5. The operator or at least one employee of the operator must be in possession of a recognised first-aid certificate and such person must accompany clients and be in attendance for the duration of a tour.

6. Every vehicle used for conveying clients in Namibia, whether owned by the operator or hired, must bear - (a) clear identification of the operator’s business on both sides of the vehicle; and (b) the Board’s disc as required by regulation 9(2).

7. If a tour includes outdoor camping, the following must be provided to clients - (a) accommodation in tents or other suitable structures, each of which must be provided with - (i) a camping bed for each person, fitted with a mattress or sleeping bag; and (ii) appropriate means of lighting. (b) a lockable container for the safe keeping of valuables of clients; (c) suitable washing and cooking facilities; (d) equipment and facilities reasonably required for the comfort and leisure of clients; and (e) suitable toilet and sanitation facilities. ANNEXURE 7 Shuttle and Transport Service Operators: Requirements for Registration and Obligations

1. For registration as a shuttle and transport service operator, the operator of the business must provide services for transporting tourists - (a) upon arrival and departure from or to a port of entry, excluding any courtesy transport service offered by a registered accommodation establishment or regulated business exclusively to their guests or clients; or No.3235 Government Gazette 14 July 2004 21 (b) from any place in Namibia across any border of Namibia to a destination in a foreign country.

2. A registered shuttle and transport service operator must ensure that no vehicle is used for transporting clients unless the operator holds a valid certificate of fitness issued in respect of that vehicle in terms of the Road Traffic and Transport Act. ANNEXURE 8 Tour Facilitators: Requirements for Registration and Obligations

1. For registration as a tour facilitator, the operator of the business must provide services for planning and arranging all-inclusive tour packages for tourists, either fixed tour programs or customized tour programs to suit the preferences of individual tourists, with respect to itinerary, destinations and accommodation and with the inclusion of transportation of clients either by means of motor vehicles specially hired for the particular purpose by the operator or provided by a tour and safari operator with whom arrangements have been made by the operator to provide transport.

2. The operator’s business must be conducted from fixed premises and the operator must ensure that - (a) the inside and outside of all permanent buildings and structures and any grounds where clients are received or which are used by them or to which they have access, are kept in a clean and tidy condition and in good order of repair at all times; and (b) at least one toilet is provided for clients.

3. If transportation of clients is provided by the operator, clients transported must be accompanied for the duration of the journey by a person who is in possession of a recognised first-aid certificate. ANNEXURE 9 Tour and Safari Operators: Requirements for Registration and Obligations

1. For registration as a tour and safari operator, the operator of the business must provide services for the planning and arranging of a combination of various tourists- related services as a cohesive programme for purchase directly from the operator or through a booking agent and includes services and facilities such as sightseeing tours, transport to tourist destination spots, guides and meals as well as the provisions of accommodation to clients for the duration of a tour in facilities provided by the operator or in registered accommodation establishments.

2. The operator’s business must be conducted from fixed premises and the operator must ensure that - (a) the inside and outside of all permanent buildings and structures and any grounds where clients are received or which are used by them or to which they have access, are kept in a clean and tidy condition and in good order of repair at all times; and (b) at least one toilet is provided for clients.

3. Any tour offered must be provided under the guidance of a person with appropriate training or experience to assist and advise clients. 22 Government Gazette 14 July 2004 No.3235

4. The operator or at least one employee of the operator must be in possession of a recognised first-aid certificate, and such person must accompany clients and be in attendance for the duration of a tour.

5. Adequate refreshments of good quality must be provided to clients during any journey along a route through remote places where facilities for food and beverages are not available.

6. If a tour includes outdoor camping, the following must be provided to clients - (a) accommodation in tents or other suitable structures, each of which must be provided with - (i) a camping bed for each person, fitted with a mattress or sleeping bag; and (ii) appropriate means of lighting. (b) a lockable container for the safe keeping of valuables of clients; (c) suitable washing and cooking facilities; (d) equipment and facilities reasonably required for the comfort and leisure of clients; and (e) suitable toilet and sanitation facilities. ANNEXURE 10 Trophy Hunting Operators: Requirements for Registration and Obligations

1. For registration as a trophy hunting operator, the operator of the business must - (a) provide services and facilities to tourists for hunting game for trophy purposes; (b) qualify for registration in accordance with paragraph 2.

2. The following persons qualify for registration as a trophy hunting operator: (a) An individual who is the owner or lessee, or the holder of any other right to the possession and use of, land which is registered under the Nature Conservation Ordinance, 1975 as a hunting farm or a guest farm registered under the Namibian Tourism Board Act, 2000; (b) Any individual, company, close corporation partnership or other association of persons holding a right to hunt game for trophy purposes on any land in accordance with the Nature Conservation Ordinance, 1975; (c) The spouse or domestic partner or a child of an individual referred to in paragraph (a). (d) In the case a company or a close corporation which is an owner or lessee or the holder of a right referred to in paragraph (a) - (i) a director of the company or a member of the close corporation; (ii) the spouse or domestic partner or a child of a person referred to in subparagraph (i). No.3235 Government Gazette 14 July 2004 23 (e) An employee of a person referred to in paragraph (a) or (d) who - (i) resides on the land concerned; and (ii) is registered as a professional hunter or hunting guide under the Nature Conservation Ordinance, 1975. (f) In the case of land comprising a conservancy declared under section 24A of the Nature Conservation Ordinance, 1975 in respect of which a trophy hunting quota has been allocated by the Minister responsible for Environment, the chairperson of the relevant conservancy committee.

3. A trophy hunting operator who provides accommodation to guests, either in fixed premises or in tents or other temporary facilities not being premises or a facility registered as an accommodation establishment under the Act, must comply with the following requirements in relation to the accommodation and facilities provided: 3.1 Fixed facilities 3.1.1 Bedrooms: (a) At least 1, but not more than 4, bedrooms for guests must be provided; (b) Minimum floor area of each bedroom is 10m2; 2 (c) Windows of bedrooms must be not less than 1m , in total, provided with curtains or blinds; (d) The entrance to each bedroom must be provided with a lockable door and key; (e) Each bedroom must be provided with - (i) Adequate beds for the number of persons occupying the bedroom, complying with the following: (aa) Minimum Size - single bed 180cm x 90cm double bed 180cm x 135cm; (bb) Mattresses must be inner-spring or foam rubber or equivalent substance with a minimum thickness of 12cm: Provided that alternative suitable beds may be provided for children. 2 (ii) a mirror of at least 250 cm . (iii) a wardrobe or other storage facilities for clothes and other belongings, at least one unit of which must have a serviceable lock; (iv) if not fully carpeted, one floor mat,2 tanned skin or similar floor covering for each bed2 of at least 1m , or one piece of similar floor covering at least 2.4m to serve all beds; (v) a waste paper basket; (vi) at least one tumbler per guest. 3.1.2 Bathrooms and toilets: (a) Bathrooms and toilets facilities must be provided for guests separate from those for the operator’s household and staff. 24 Government Gazette 14 July 2004 No.3235 (b) Floors must be of impervious material or concrete. (c) Baths, showers and washbasins must be provided with hot and cold running water. (d) Each bathroom must be provided with - (i) a washbasin; (ii) a mirror of at least 45cm x 30 cm, with an adjacent shelf; (iii) sufficient towel rails, hooks or rings; (iv) a soap holder and soap; and (v) a washable bath mat. (e) Each toilet must be provided with - (i) a toilet bowl with a lid; (ii) a toilet paper dispenser; (iii) toilet paper; and (iv) a sanitary bin with a lid. (f) Bathrooms and toilets must have water-borne sewerage draining. 3.1.3 Dining room/lounge (a) Dining room and lounge facilities for guests may be provided either in the facilities of the operator’s household or separately and must provide adequate seating for guests. (b) Meals or suitable cooking facilities for preparation of food by guests must be provided. 3.1.4 Kitchens, wash-ups and food storage areas (a) Facilities may be either those of the operator’s household or may be provided separately for guests. (b) Floors must be of an impervious material or concrete; (c) Each work surface must be of stainless steel, marble, granite or other impervious material. (d) All walls must be tiled to a height of at least 135cm from the floor and coated with washable paint above the tiles, or if not practicable, be coated completely with washable paint; (e) Adequate refrigerators or other cold storage facilities must be provided; (f) At least one sink with hot and cold running water must be provided for washing of dishes; (g) Adequate and hygienic food storage areas must be provided. (h) There must be no direct access to a toilet from the kitchen. (i) Kitchens, wash-ups and food storage areas must be kept clean and free of insects and rodents. 3.1.5 Laundry facilities Facilities for the washing, cleaning and ironing of guests’ clothes and other belongings must be available on or off the premises. No.3235 Government Gazette 14 July 2004 25 3.2 Tented or other temporary accommodation: Each tent or other temporary accommodation unit must be provided with - (a) a bed and mattress or sleeping bag for each guest; (b) a lockable storage box or safe; (c) adequate lighting; (d) suitable facilities for cooking and washing of dishes; (e) ablution and toilet facilities which must be kept in a clean and hygienic condition at all times. 3.3 Facilities and service in relation to accommodation (a) Clean bed linen and bath towels in sufficient quantities must be provided for each newly arrived guest and be changed at least once per week. (b) Bedrooms in a fixed establishment must be cleaned daily. (c) Bedrooms, dining rooms, lounges and kitchens must be properly ventilated. (d) A fire extinguisher or other suitable fire-fighting appliance must be provided in readily available on the premises. (e) The inside and outside of all permanent buildings and the premises of the establishment must be kept clean and in good order of repair. (f) First-aid kit must be available in a readily accessible position. (g) Staff members engaged in serving guests must at all times be clean and suitably dressed. (h) An operator must ensure that staff members engaged in preparing, handling, serving or selling food or beverages comply with the provisions of Chapter XIX of the General Health Regulations promulgated under Government Notice No. 121 of 14 October 1969. (i) Guests must be provided access to telephone or other communication facilities. (j) Guests must have 24-hour access to accommodation facilities. If a staff member is not available at all times, guests must be provided with keys to the premises and their rooms. (k) Guidelines and instructions reasonably required for advising guests in relation to risks inherent to the hunting operations and the environment must be provided either in writing or in a formal presentation.

5. Requirements in respect of hunting activities (a) Every trophy hunting operator must ensure - (i) that only Hunting Guides, Master Hunting Guides or Professional Hunters registered under Nature Conservation Ordinance, 1975 are engaged in guiding trophy hunters while on a hunting excursion; (ii) that every vehicle used for hunting, is equipped with - 26 Government Gazette 14 July 2004 No.3235 (aa) appropriate seating facilities for hunters; (bb) holding facilities for a gun or rifle; and (cc) a first-aid kit in a readily accessible position; (iii) that on every vehicle used for hunting the Board’s disc is displayed as required by regulation 9(2); (iv) that equipment and facilities provided for hunting activities are kept in a good order of repair and effective action; (b) A suitable place for slaughtering animals and salting of trophies must be provided, as well as appropriate equipment and appliances for such operations. A gantry-type slaughtering facility must be provided. (c) Facilities for the testing of rifles must be provided by the operator and located in such a position as to prevent any risk of injury, harm or damage to any person, animal or property. ANNEXURE 11 Vehicle Rental Operators: Requirements for Registration and Obligations

1. For registration of a regulated business as a vehicle rental operator, the operator of the business must provide services to tourists for hiring out motor vehicles for travel, either with or without inclusion of the services of a driver to operate the vehicle.

2. The operator’s business must be conducted from fixed premises and the operator must ensure that - (a) the inside and outside of all permanent buildings and structures and any grounds where clients are received or which are used by them or to which they have access, are kept in a clean and tidy condition and in good order of repair at all times; and (b) at least one toilet is provided for clients.

3. The operator of a vehicle rental business must ensure - (a) that details of services offered, conditions of rental and tariffs are clearly displayed at the premises of the business or are made available in the form of a brochure; (b) that a register is kept at the business premises of all vehicles used and provided by the operator for rental purposes to clients at any given time. An operator must on request supply a copy of that register to the Board; and (c) that vehicles provided to clients under rental agreements are in a roadworthy condition at all times and comply in all respects with the provisions of the Road Traffic and Transport Act relating to the use of a vehicle of the particular class on a public road.

4. A rental agreement offered by an operator must contain, or be accompanied by a brochure or statement setting out information and options in relation to - (a) the conditions subject to which vehicles are offered for rental by the operator, which must also be explained to the client verbally, and conditions on speeding and travelling on gravel roads must be highlighted in the agreement; and No.3235 Government Gazette 14 July 2004 27 (b) any motor vehicle and travel insurance cover obtainable from registered insurers, including insurance cover for emergency medical expenses, personal accident, return of mortal remains, personal liability and other risks;

5. Upon conclusion of a rental agreement the operator must provide the client with a copy of that rental agreement containing or accompanied by the conditions applicable to the agreement.

6. Breakdown, tow-in or other roadside assistance services must be available to clients. ________________ MINISTRY OF ENVIRONMENT AND TOURISM No. 139 2004 REGULATIONS RELATING TO THE REGISTRATION OF ACCOMMODATION ESTABLISHMENTS: NAMIBIA TOURISM BOARD ACT, 2000 The Minister responsible for Tourism has under section 30 of the Namibia Tourism Board Act, 2000 (Act No. 21 of 2000), made the regulations set out in the Schedule which shall come into effect on 1 November 2004. SCHEDULE ARRANGEMENT OF REGULATIONS

1. Definitions

2. Form of applications, certificates and other documents

3. Classification of accommodation establishments

4. Application for registrations of accommodation establishments

5. Application for registration of different or additional class of accommodation establishments

6. Reapplication if registration is refused

7. Owner to provide facilities for inspection

8. Conditional registration

9. Reinstatement of registration

10. Issue of certificate of registration

11. Display of certificate of registration and notice

12. Backpackers hostels

13. Bed and Breakfast establishments

14. Campsites

15. Camping and Caravan parks

16. Guest farms

17. Guest houses

18. Hotels

19. Hotel pensions

20. Lodges (other than tented lodges)

21. Resorts

22. Rest camps

23. Self-catering accommodation establishments

24. Permanent tented camps and tented lodges

25. Requirements in respect of conference facilities

26. Compliance with requirements and renewal of insurance premiums

27. Compliance with General Health Regulations

28. Register of accommodation establishments

29. Guest register and returns

30. Change of particulars of registration

31. Replacement of certificates

32. Return of certificate of registration to Board

33. Relaxation of registration requirements 28 Government Gazette 14 July 2004 No.3235

34. Appointment of manager

35. Use of logo of Board

36. Particulars on letterheads and information concerning services

37. Only business of registered accommodation establishment may be conducted

38. Exemptions

39. Transitional arrangement

40. Fees for grading and regrading of accommodation establishments

41. Penalties

42. Amendment of Regulations Relating to Accommodation Establishments and Tourism ANNEXURE 1 FEES ANNEXURE 2 BACKPACKER HOSTELS: MINIMUM REQUIREMENTS FOR REGISTRATION ANNEXURE 3 BED AND BREAKFAST ESTABLISHMENTS: MINIMUM REQUIREMENTS FOR REGISTRATION ANNEXURE 4 CAMPSITES: MINIMUM REQUIREMENTS FOR REGIS- TRATION ANNEXURE 5 CAMPING AND CARAVAN PARKS: MINIMUM REQUI- REMENTS FOR REGISTRATION ANNEXURE 6 GUEST FARMS AND GUEST HOUSES: MINIMUM REQUIREMENTS FOR REGISTRATION ANNEXURE 7 HOTELS AND HOTEL PENSIONS: MINIMUM REQUIRE- MENTS FOR REGISTRATION ANNEXURE 8 LODGES (OTHER THAN TENTED LODGES): MINIMUM REQUIREMENTS FOR REGISTRATION ANNEXURE 9 REST CAMPS: MINIMUM REQUIREMENTS FOR REGIS- TRATION ANNEXURE 10 SELF-CATERING ESTABLISHMENTS: MINIMUM REQUIREMENTS FOR REGISTRATION ANNEXURE 11 PERMANENT TENTED CAMPS AND TENTED LODGES: MINIMUM REQUIREMENTS FOR REGISTRATION Definitions

1. In these regulations, unless the context otherwise indicates, any word or expression to which a meaning has been assigned in the Act has that meaning and - “approved form” means a form approved in terms of regulation 2; “bed” means a bed which is - (i) at least 180cm long and 90cm wide, in the case of a single bed, or 180cm long and 135cm wide, in the case of a double bed; and (ii) fitted with an inner-spring, foam rubber or other equivalent mattress with a minimum thickness of 12cm; “bedroom” means a room with beds intended to be occupied by a tourist; “caravan” means a vehicle equipped to be used by persons for living and sleeping purposes, whether a self-propelled vehicle or a trailer; “caravan pitch” means the area set aside within a caravan park for the parking of a caravan and its towing vehicle, if any; “certificate of registration” means a certificate of registration referred to in regulation 10; “en suite bedroom” means an accommodation unit comprising a bedroom with attached bathroom and toilet facilities provided in a separate or adjoining room; No.3235 Government Gazette 14 July 2004 29 “first-aid kit” means a portable container which is - (a) water and dust resistant; and (b) stocked with adequate and unexpired medical supplies, equipment and remedies reasonably required for giving first aid treatment in any injury or other emergency situation; “guest service directory” means a booklet, brochure or other publication containing information on services and facilities provided by an accommodation establishment to guests in relation to telephone usage, meals service times, laundry service, tariffs and other material; “on-consumption liquor licence” means any liquor licence of a kind mentioned in the definition of that term in section 1 of the Liquor Act, 1998 (Act No. 6 of 1998); “owner”, in relation to an accommodation establishment, means the person by whom or on whose behalf the business of the class of accommodation establishment concerned is conducted or is to be conducted; “registered insurer” means a company registered as an insurer under the Short-term Insurance Act, 1998 (Act No. 4 of 1998) or the Long-term Insurance Act, 1998 (act No. 5 of 1998); “the Act” means the Namibia Tourism Board Act, 2000 (Act No. 21 of 2000); and “tiled”, in relation to a wall, means covered with porcelain or ceramic slabs, slate stone, slasto, marble or some other impervious material approved by the Chief Executive Officer. Form of application, certificates and other documents

2. (1) Every application required to be made, and every certificate or other document required to be issued, in an approved form in terms of these regulations, must be made or issued in a form approved by the Minister. (2) The Board must, at the request of a person who proposes to make an application in terms of these regulations, furnish that person with the appropriate application form. Classification of accommodation establishments

3. For the purposes of registration in terms of section 20 of the Act, accommodation establishments are classified into the following classes: (a) backpackers hostels; (b) bed and breakfast establishments; (c) campsites; (d) camping and caravan parks; (e) guest farms; (f) guest houses; (g) hotels; (h) hotel pensions; (i) lodges (other than tented lodges); 30 Government Gazette 14 July 2004 No.3235 (j) resorts; (k) rest camps; (l) self-catering establishments; and (m) permanent tented camps and tented lodges. Application for registration of accommodation establishment

4. (1) An application for the first registration of an accommodation establishment in any one or more of the classes mentioned in regulation 3 must be made in the approved form and be accompanied by - (a) a plan for the retention of the Board with the specifications and particulars setting out - (i) the location of the land on which the accommodation establishment to be registered is situated; (ii) a drawing showing with reasonable precision the layout of the various units on the land on which the accommodation establishment is situated, with the number, nature and dimensions of rooms, wall finishing and floor covering and all roads, sanitary and ablution facilities and drainage details; (iii) the materials used and the method of construction of all buildings; and (iv) the provision to be made for fire prevention; (b) proof to the satisfaction of the Board of the applicant’s right of occupation of the land on which the accommodation establishment is situated; (c) a certified copy of any permit, approval or other form of authorisation which the applicant is required to obtain from any authority other than the Board in terms of any other law - (i) to conduct the business of the class of accommodation establishment to which the application relates; or (ii) to render any service or to carry on any other business or activity in or in association with the accommodation establishment, or if an application for such permit, approval or authorisation is pending, proof to the satisfaction of the Board that the application has been made, with particulars of the nature thereof; (d) in the case of the applicant being a company or close corporation, a certified copy of the certificate of incorporation of the company or the close corporation; (e) a statement setting out the services to be rendered and recreational and other facilities to be provided to guests; (f) if an environmental impact assessment plan is required to be submitted for approval to an authority in terms of any law in respect of any business, operation or activity of the accommodation establishment, proof of such approval accompanied by a copy of the relevant plan; No.3235 Government Gazette 14 July 2004 31 (g) any other information or documents prescribed by these regulations or which the Board requires in connection with the application; and (h) the appropriate application fee prescribed in Annexure 1. (2) If it is proposed to provide at the accommodation establishment - (a) a service for the transport of guests, whether as a courtesy service or for recreational or any other purposes, the application in terms of subregulation (1) must be accompanied by proof that the applicant has taken out general passenger liability insurance cover with a registered insurer for a minimum amount of N$5 million; (b) any service for the recreation of guests under the guidance or supervision of a staff member or any other person engaged for that purpose, the application in terms of subregulation (1) must be accompanied by proof that the applicant has taken out general public liability insurance cover, including professional indemnity cover with a registered insurer for a minimum amount of N$2.5 million. Application for registration of different or additional class of accommodation establishment

5. (1) The owner of a registered accommodation establishment who wishes - (a) to have the accommodation establishment registered under a different class of accommodation establishment; or (b) to register an additional class of accommodation establishment, whether situated on the same premises or elsewhere, must apply to the Board for the registration of such different or additional class of accommodation establishment in the manner prescribed in respect of an application for an initial registration. (2) An application under subregulation (1) must - (a) be made in the approved form; and (b) be accompanied by - (i) the documents and proof referred to in regulation 4 in respect of the different or additional class of accommodation establishment required to be registered; and (ii) the appropriate application fee prescribed in Annexure 1. Re-application if registration is refused

6. If an application for registration of an accommodation establishment is refused by the Board, the owner of the accommodation establishment must apply afresh for registration in accordance with these regulations if the owner wishes to pursue the registration of that accommodation establishment. Owner to provide facilities for inspection

7. (1) The owner of an accommodation establishment in respect of which an inspector seeks to carry out an inspection for any purpose mentioned in section 18(1)(a)(i) or (ii) of the Act, must at all reasonable times afford free access to every part of the premises of the accommodation establishment to the inspector, and any other 32 Government Gazette 14 July 2004 No.3235 person other than the owner residing in such accommodation establishment must afford free access at all reasonable times to such inspector to every room occupied by that person. (2) If, in the case of an application for registration of an accommodation establishment, the owner fails to comply with subregulation (1), the Board must not consider the application unless the applicant allows full inspection as required by that subregulation. Conditional registration

8. (1) Upon granting a conditional registration of an accommodation establishment under section 25 of the Act, the Board must issue to the applicant a conditional certificate of registration in the approved form upon payment of the appropriate fee prescribed in Annexure 1. (2) A conditional registration of an accommodation establishment may be granted subject to such conditions as may be determined by the Board and included or attached to the certificate of registration. (3) If the owner of an accommodation establishment in respect of which the Board has revoked a conditional registration in terms of section 25(2) of the Act wishes to pursue the registration of that establishment, the owner must apply afresh for registration in the manner, and accompanied by the documents and fee, prescribed by regulation 4. Reinstatement of registration

9. The owner of an accommodation establishment of which the registration has been withdrawn by the Board under section 26 of the Act must apply afresh for registration of the accommodation establishment in the manner, and accompanied by the documents and fee, prescribed by regulation 4, if the owner wishes to have that registration reinstated, Issue of certificate of registration

10. On approval of an application for registration of an accommodation establishment and upon payment of the appropriate registration fee prescribed in Annexure 1, the Board must issue to the applicant a certificate of registration in the approved form. Display of certificate of registration and notice

11. (1) The owner of a registered accommodation establishment must ensure - (a) that the certificate of registration issued in respect of the accommodation establishment is displayed in the reception area of the establishment or any other place to which members of the public have access; and (b) that the following notice is displayed in the reception area of the establishment or any other area to which members of the public have access, as well as in every bedroom or other residential unit of the accommodation establishment: “This establishment, being registered as an accommodation establishment under the Namibia Tourism Board Act, 2000 (Act No. 21 of 2000) is by law required to comply with certain minimum requirements relating to accommodation and service. If satisfaction is not obtained from the management, complaint in writing may be made to the Chief Executive Officer, Namibia Tourism Board, Private Bag 13244, Windhoek.”. No.3235 Government Gazette 14 July 2004 33 (2) An owner of a regulated business who fails to comply with subregulation (1) commits an offence. Backpackers hostels

12. An accommodation establishment may be registered as a backpackers hostel, if the establishment - (a) comprises a dormitory or hostel or any other facility in which accommodation is provided primarily to backpackers; (b) in the case of a facility other than a dormitory or hostel, has at least two bedrooms available for accommodation by guests which - (i) are separate from any private dwelling on the premises; or (ii) if part of or attached to a private dwelling, are separated from the dwelling by means of walls and securable doors; and (c) meets the minimum requirements set out in Annexure 2. Bed and breakfast establishments

13. An accommodation establishment may be registered as a bed and breakfast establishment, if the establishment - (a) provides accommodation either within or on the premises of a private dwelling where the owner or any other person in charge of the establishment lives; (b) have at least two, but not more than five, bedrooms available for the accommodation of guests; (c) provides at least breakfast to guests, either served or on a self-catering basis; and (d) meets the minimum requirements set out in Annexure 3. Campsites

14. An accommodation establishment may be registered as a campsite, if the establishment - (a) offers designated camping areas for the erection of tents, awnings or other temporary structures of guests for dwelling or sleeping purposes; (b) provides ablution and toilet facilities for use by guests; and (c) meets the minimum requirements set out in Annexure 4. Camping and caravan parks

15. An accommodation establishment may be registered as a camping and caravan park, if the establishment - (a) comprises an area of land containing pitches for the parking of caravans, either those of guests or on-site caravans provided by the establishment for hire by guests, or containing caravan pitches as well as camping sites for the erection of tents, awnings or other temporary structures of guests camping without a caravan; 34 Government Gazette 14 July 2004 No.3235 (b) meets the minimum requirements set out in Annexure 5. Guest farms

16. An accommodation establishment may be registered as a guest farm, if the establishment - (a) is located on a farm or other rural area and within a natural environment where the owner of the establishment or other person in control thereof lives; (b) comprises at least five bedrooms for accommodation by guests, which - (i) are separate from any private dwelling on the premises; or (ii) if part of or attached to a private dwelling, are separated from the dwelling by means of walls and securable doors; (c) provides meals to guests, or food for the preparation of meals by guests at the premises; and (d) provides recreational facilities to guests; and (e) meets the minimum requirements set out in Annexure 6. Guest houses

17. An accommodation establishment may be registered as a guest house, if the establishment - (a) provides accommodation and at least breakfast facilities to guests, including a business conducted as a motel or botel; (b) comprises at least five bedrooms for accommodation by guests, which - (i) are separate from any private dwelling on the premises; or (ii) if part of or attached to a private dwelling, are separated from the dwelling by means of walls and securable doors; (c) meets the minimum requirements set out in Annexure 6. Hotels

18. An accommodation establishment may be registered as a hotel, if the establishment - (a) comprises at least 20 bedrooms for the accommodation of guests, all of which must be en suite bedrooms; and (b) meets the minimum requirements set out in Annexure 7. Hotel pensions

19. An accommodation establishment may be registered as a hotel pension, if the establishment - (a) comprises at least 10, but not more than 20, bedrooms for accommodation of guests, all of which must be en suite bedrooms and which - No.3235 Government Gazette 14 July 2004 35 (i) are separate from any private dwelling on the premises; or (ii) if part of or attached to a private dwelling, are separated from the dwelling by means of walls and securable doors; and (b) meets the minimum requirements set out in Annexure 7. Lodges (other than tented lodges)

20. An accommodation establishment may be registered as a lodge, if the establishment - (a) is located in a rural area or other area within a natural environment where recreation facilities are offered; (b) comprises at least five bedrooms for the accommodation of guests; (c) has a dining room or restaurant for the service of meals to guests; (d) provides recreational facilities to guests like, game drives, health spa or other similar activities; and (e) meets the other minimum requirements set out in Annexure 8. Resorts

21. An establishment may be registered as a resort, if the establishment offers tourism incorporating accommodation, food and beverage services and recreational facilities, and - (a) is located in a rural area or other area within a natural environment; (b) comprises a combination of at least three classes of accommodation establishments, at least one of which meets the requirements prescribed for either a hotel, a hotel pension, a lodge or a tented lodge; and (c) comprises at least 40 bedrooms for the accommodation of guests in the combination of establishments, of which at least 25 are en suite bedrooms; (d) has restaurant and bar facilities that meet the requirements set out in Annexure 7 with regard to restaurant and bar facilities of a hotel. (e) provides in respect of every bar at least one toilet for each of the sexes; (f) offers recreation activities and facilities, such as a swimming pool, sauna, golf course, horse riding, game drives or other activities or facilities for the enjoyment of guests; (g) meets the minimum requirements set out in the appropriate Annexures with respect to the different classes of accommodation establishments conducted in combination in the resort. Rest camps

22. An accommodation establishment may be registered as a rest camp, if the establishment - (a) provides accommodation to guests primarily in rooms, rondavels, bungalows, or other accommodation units, and may include, in combination therewith, accommodation facilities in the form of camping sites or caravan pitches; 36 Government Gazette 14 July 2004 No.3235 (b) comprises at least four accommodation units, excluding camping sites and caravan pitches; (c) meets the minimum requirements as set out in Annexure 9. Self-catering accommodation establishments

23. An accommodation establishment may be registered as a self-catering accommodation establishment, if - (a) accommodation is provided on a self-catering basis in an accommodation unit being a house, flat, chalet or other residential unit; (b) an accommodation unit comprises at least one bedroom with a kitchen and lounge area and bathroom facilities; and (c) the establishment meets the minimum requirements set out in Annexure 10. Permanent tented camps and tented lodges

24. (1) An accommodation establishment may be registered as a permanent tented camp, if the establishment - (a) is located in a rural area or other area within a natural environment; (b) provides accommodation in permanent tents or other structures with walls of canvas or wood, reeds, grass or other natural material, and may include, in combination therewith, accommodation facilities in the form of camping sites or caravan pitches; (c) has at least 4 accommodation units, excluding camping sites and caravan pitches; (d has a dining room or restaurant for the service of meals to guests; and (e) meets the minimum requirements as set out in Annexure 11. (2) An accommodation establishment meeting the requirements prescribed in regulation 20 in respect of lodges may be registered as a tented lodge if the establishment, including bedrooms, consist wholly or mainly of permanent tents or other structures with walls of canvas or wood, reeds, grass or other natural material and with concrete or wooden floors. Requirements in respect of conference facilities

25. (1) The owner of a registered accommodation establishment at which conference facilities are offered, must ensure that the following requirements are complied with in respect of those facilities: (a) All meeting rooms, including its furnishings, equipment and appliances, must be in a good state of repair; (b) Meeting rooms must - (i) have sufficient natural or artificial lighting, (ii) have sufficient and effective ventilation or air conditioning; (iii) be provided with adequate power points for conference equipment; and No.3235 Government Gazette 14 July 2004 37 (iv) be provided with a minimum of one black or white board as standard for the room. (c) Meetings rooms seating 150 people or more must be provided with a sound amplification system and microphones. (d) Separate toilets for each of the sexes must be provided at the ratio of at least one toilet for every 25 delegates. (e) Suitable facilities for the registration of attendants of a meeting must be provided. (f) Catering areas must be provided for the provision of refreshments during breaks of a meeting, separate from meeting rooms and registration areas. (g) Adequate parking facilities for vehicles on the premises must be provided. (2) In addition to the requirements of subregulation (1), the following equipment must be made available on request: (a) Slide, film, overhead or multi media projectors with screens; (b) Video cassette recorders with television sets. (c) Photocopying, telephone and fax facilities. (d) Sufficient number of good quality chairs and conference tables must be provided to permit a variety of seating configurations. Compliance with prescribed requirements

26. (1) The owner of a registered accommodation establishment must ensure that the requirements prescribed for registration in these regulations are complied with at all times during the duration of the registration, including requirements in respect of any service or facility which the owner has contracted out to be provided or managed by any other person. (2) The owner of a registered accommodation establishment who is required to take out insurance cover in accordance with regulation 4(2)(a) or (b) must ensure that the insurance premiums payable under the relevant policy are regularly paid on the due date and must within 7 days after expiry of the due date provide proof to the Chief Executive Officer of the payment thereof. Compliance with General Health Regulations

27. The owner of every accommodation establishment in which food is prepared, handled served, delivered, stored or sold must ensure that the provisions of Chapter XIX of the General Health Regulations promulgated under Government Notice No. 121 of 14 October 1969 are at all times complied with in relation to employees of that establishment. Register of accommodation establishments

28. The register to be kept in terms of section 27 of the Act of particulars in respect of registered accommodation establishments must be in a form approved by the Minister. Guest register and returns

29. (1) The owner of a registered accommodation establishment must cause a register to be kept at the premises of the accommodation establishment for entering the particulars prescribed in subregulation (2). 38 Government Gazette 14 July 2004 No.3235 (2) On arrival of a guest to whom accommodation is provided at an accommodation establishment the following particulars must be entered in the register in respect of the guest: (a) Initials and surname or operator’s name in case of a group; (b) citizenship or country of residence; (c) permanent postal address of guest or operator in case of a group; (d) number of persons in a group; (e) date of arrival; (f) number of nights booked; (g) room number(s); (h) registration number of the vehicle with which the guest is travelling, if any; (i) name of next destination; (j) signature of guest or operator in case of a group; (k) envisaged date of departure; (3) The owner of an accommodation establishment or, if a manager is employed by the owner, the manager, must submit to the Board, within a period and in the form determined by the Board, monthly returns relating to the accommodation of guests by the accommodation establishment in the form determined by the Board. (4) An owner of an accommodation establishment commits an offence who - (a) fails to comply with subregulation (1) or (3); (b) fails to ensure that the requirements of subregulation (2) are complied with; (c) knowingly enters or permits to be entered in the register of the establishment information referred to in subregulation (2) which is false in a material way. Change of particulars of registration

30. (1) If, in relation to a registered accommodation establishment, any change occurs - (a) in the ownership or name of the establishment; (b) in the address of the owner of the establishment; (c) of the person appointed as manager of the establishment in terms of regulation 34; (d) by reason of any addition or reduction of number of bedrooms of the establishment; (e) by reason of any renovation or structural alterations made to the establishment; (f) by reason of the destruction of the establishment or any part thereof, No.3235 Government Gazette 14 July 2004 39 the owner must cause such change to be notified in writing to the Board within 30 days of the date on which the change occurs. (2) A person who fails to comply with subregulation (1) commits an offence. Replacement of certificates

31. (1) In the event of a certificate issued under the Act being damaged, destroyed or lost, the owner of the accommodation establishment in respect of which the certificate was issued must apply in writing to the Chief Executive Officer for the replacement of that certificate. (2) An application for the replacement of a certificate under subregulation (1) must be accompanied by - (a) the damaged certificate, if the application relates to a certificate that has been damaged; or (b) a sworn statement explaining the circumstance of the loss, or destruction, of the certificate, if the application relates to a certificate that has been lost or destroyed. (3) Upon compliance with subregulations (1) and (2), the Chief Executive Officer must issue a new certificate on payment of the fee prescribed in Annexure 1 in respect of the replacement of certificates. Return of certificate of registration to Board

32. (1) The owner of a registered accommodation establishment must return the certificate of registration issued in respect of the establishment to the Board if - (a) the registration of the accommodation establishment is withdrawn in terms of section 26 of the Act; (b) a certificate of registration of a different class of accommodation establishment is issued by the Board in respect of the accommodation establishment; (c) the owner ceases to conduct the business of the accommodation establishment; (d) the name under which the accommodation establishment is conducted is changed and a new certificate is issued by the Board. (2) A person who fails to comply with subregulation (1) commits an offence. Relaxation of registration requirements

33. Upon application and good cause shown by a person operating an accommodation establishment which immediately before the date of commencement of the Act was registered under the Accommodation and Tourism Ordinance, 1973 (Ordinance No. 20 of 1973), the Board may, on such conditions as the Board may determine, permit relaxation of any requirement or obligation imposed by these regulations if compliance will be unduly onerous. Appointment of manager

34. (1) If the owner of a registered accommodation establishment - (a) is a partnership, an organisation, an association of persons or a body corporate; or 40 Government Gazette 14 July 2004 No.3235 (b) an individual who will not personally be responsible for the day to day control and management of the accommodation establishment, such owner must appoint a person as manager to conduct the day to day control and management of the running of such accommodation establishment and, not later than 30 days after the date of registration of the accommodation establishment, or the date on which the owner ceases to personally manage the accommodation establishment, as the case may be, notify the Board of the appointment of such manager. (2) A notification in terms of subregulation (1) must be made in the manner, and furnish the particulars, as the Board may determine. (3) The owner of an accommodation establishment may not appoint a person as a manager, if the person - (a) is not a Namibian citizen or a person who is not resident in Namibia under a permanent residence permit or a work permit issued under the laws relating to immigration; (b) is an unrehabilitated insolvent; or (c) has, within the period of 5 years preceding the date of the proposed appointment, been convicted of an offence in respect of which he or she has been sentenced to a period of imprisonment exceeding three months without the option of a fine. Use of logo of Board

35. (1) Only registered accommodation establishments may, with the approval of the Board, use the logo of the Namibia Tourism Board for endorsement of their business, services and facilities. (2) Upon granting approval under subregulation (1) the Board may specify conditions subject to which, and the manner in which the logo of the Board may be used or displayed by a registered accommodation establishment. (3) A person who contravenes subregulation (1) or the owner of a registered accommodation establishment, who fails to observe any specification of the Board in terms of subregulation (2), commits an offence. Particulars on letterheads and information concerning services

36. (1) The owner of an accommodation establishment must ensure - (a) that the tariff of fees and charges payable for accommodation and for other services provided at the accommodation establishment are clearly and suitably displayed in the reception area of the accommodation establishment for the information of guests and prospective guests; (b) that all letterheads used and all advertisements, brochures, pamphlets and other material published, distributed or made available for public information in relation to the accommodation establishment, clearly indicate - (i) the class of accommodation establishment in respect of which the establishment is registered; and (ii) the grading, if any, allocated by the Board in respect of the accommodation establishment under the Act. (c) that particulars of the services and facilities offered to guests of the accommodation establishment, the tariffs charged in respect thereof, and No.3235 Government Gazette 14 July 2004 41 details of related conditions or services, such as cancellation policy, room service, pick-up and drop-off services, opening and closing hours and other services, are available at the accommodation establishment to be provided on the request of guests or prospective guests and for inspection by the Board; and (d) that no false or misleading information is displayed, published or given in any way contemplated in paragraph (a), (b) or (c). (2) An owner of an accommodation establishment, who fails to comply with any of the provisions of subregulation (1), commits an offence. Only business of registered accommodation establishment may be conducted

37. (1) A person who, on the date of commencement of these regulations, is operating an accommodation establishment - (a) which was registered under the Accommodation and Tourism Ordinance, 1973 (Ordinance 20 of 1973); and (b) which is being conducted under a name indicating a class of accommodation establishment not corresponding with the class under which that accommodation establishment falls in accordance with the classification set out in regulation 3, read with regulations 12 through 24, must ensure that, not later than 5 years after the date of commencement of these regulations, the description of the class of that accommodation establishment designated on any sign affixed or adjacent to any building or on any vehicle or appearing on or in any letterheads, accounts, brochures or other documents or articles or any logo used for or in connection with the business is changed to indicate the correct class of that accommodation establishment in accordance with the classification of accommodation establishment effected by these regulations. (2) An owner of an accommodation establishment, who fails to comply with subregulation (1), commits an offence. Exemptions

38. (1) The following accommodation establishments qualify for partial registration requirement exemptions as specified below at the discretion of the Board: (a) An accommodation establishment that lets bedrooms to tourists may be exempted by the Board partially or wholly, on submission of a motivated application, from paying any fees payable in terms of these regulations, if the accommodation establishment forms part of a training institution, which is - (i) accredited by the Namibia Qualifications Authority established by the Namibia Qualifications Authority Act, 1996 (Act No. 29 of 1996); and (ii) in respect of which the Board is satisfied that it is being used for training students by simulating a commercial environment for practical purposes; (b) An accommodation establishment that lets bedrooms to tourists may be exempted partially or wholly by the Board from paying any fees payable in terms of these regulations, if - (i) the establishment is conducted by a church or other religious institution or a charity organisation; 42 Government Gazette 14 July 2004 No.3235 (ii) the establishment is located on the same premises as the religious institution; (iii) the Board is satisfied that the church or other religious institution or the charity organisation is operated as such in good faith; and (iv) tourists are accommodated only for purposes connected with the activities of the religious institution. (2) An accommodation establishment that provides accommodation to both tourists and residential guests who are not tourists may apply to the Board for an exemption of any provision of these regulations in respect of the accommodation of residential guests. (3) The Board may - (a) grant an exemption applied for under subregulation (2) subject to compliance with any minimum requirements prescribed in these regulations in respect of any class of accommodation establishment as the Board may determine; and (b) grant an exemption in respect of the payment of any fees prescribed by these regulation in such proportion as the Board may determine. Transitional arrangement

39. A person who immediately before the date of commencement of these regulations was operating an accommodation establishment of a class which was not required to be registered under the Accommodation and Tourism Ordinance, 1973 (Ordinance 20 of 1973) but which is required to be registered under the Act and in accordance with these regulations may continue to operate that accommodation establishment without registration of the establishment under these regulations - (a) during the period of three months following the date of commencement of these regulations; and (b) if within that period application is made for the registration of the accommodation establishment, until that application is disposed of or withdrawn and, if the application is refused for a further period of three months. Fees for grading and regrading of accommodation establishments

40. The fees payable in relation to the grading and regrading of accommodation establishments in accordance with the Regulations Relating to Accommodation Establishments and Tourism promulgated by Government Notice No. 75 of 18 April 1974, are as prescribed in Annexure 1. Penalties

41. A person convicted of an offence under these regulations is liable to a fine not exceeding N$4 000 or to a sentence of imprisonment not exceeding one year, or to both such fine and such imprisonment. No.3235 Government Gazette 14 July 2004 43 ANNEXURE 1 FEES

1. Application fees The following non-refundable fees are payable for applications for the registration of accommodation establishments as indicated: Hotel, hotel pension, guest farm, N$200 per room/unit up to a guest house, self-catering accom- maximum of N$8,000; modation establishment, bed & Plus an additional fee of breakfast establishment, lodge, rest N$800 in the case of a tented camp or permanent tented camp lodge, rest camp or permanent tented camp providing campsites and/or caravan pitches Backpackers hostel or camping N$1,500 and caravan park Campsite N$500 Resort N$200 per room/unit up to a maximum of N$12,000

2. Registration fees The following registration fees are payable on approval of an application for registration and before the issue of a certificate of registration in respect of accommodation establishments as indicated: Hostel, hotel pension, guest farm, N$50 per room/unit up to a guest house, self-catering accom- maximum of N$2,000 modation establishment, bed & breakfast establishment, lodge, rest camp and permanent tented camp Backpackers hostel or camping and N$500 caravan park Campsite N$150 Resort N$50 per room/unit up to a maximum of N$3,000

3. Combination of establishments If an application relates to a business comprising a combination of different classes of accommodation establishments, the application fee payable must be calculated as follows: (a) 100% of the application fee as prescribed in item 1 for the class of accommodation establishment that the Board determines to represent the core business; (b) 50% of the application fee as prescribed in item 1 for the class of accommodation establishment that the Board determines to represent the second main business; and 44 Government Gazette 14 July 2004 No.3235 (c) 25% of the application fee as prescribed in item 1 for any other class of accommodation establishment that the Board determines to be of the class that the business provides to tourists to a lesser extent than the accommodation establishments of the classes referred to in paragraphs (a) and (b).

4. Replacement and re-issuing of certificates Non refundable fee payable for the replacement of a certificate of registration, or re-issuing of certificate of registration due to name change. Certificate of registration N$100

5. Other A non-refundable inspection fee is payable for inspections to be carried out in respect of a registered accommodation establishment in the following circumstances: (a) addition or reduction of number of bedrooms or accommodation unit, N$200 per bedroom/unit; (b) renovation or alteration made by owner on own accord, N$1,200; (c) rebuilding of destructed or damaged establishment, N$1,500.

6. Grading and regrading The following non-refundable fees are payable in relation to the grading of accommodation establishments: (a) Application fee for grading or regrading, N$250 per room/unit up to a maximum of N$8000; (b) Issue of grading certificate, N$250; (c) Replacement of lost or damaged insignia or grading plaque, N$1500. ANNEXURE 2 BACKPACKERS HOSTELS: MINIMUM REQUIREMENTS FOR REGISTRATION

1. DORMITORIES/GUEST ROOMS 1.1 Size and floor covering (a) Dormitories and bedrooms of facilities having bedrooms must have sufficient space to allow freedom of movement for guests and to allow for drawers and doors of wardrobes and other furniture to be opened fully. (b) In the case of a dormitory the minimum floor space per bed must be 6 square metres, except in the case of stackable beds, where it must be 7.5 square metres for every set of stacked beds. (c) Bedrooms, in a facility having bedrooms, must have the following minimum floor area, inclusive of vestibule and built–in furniture, if any: Single room: 10m2; Double room: 15m2; (d) Floors, if not tiled, must be of impervious material. No.3235 Government Gazette 14 July 2004 45 (e) If not carpeted wall to wall, the floor must be tiled or covered with other impervious material and be provided with one floor mat, tanned skin or similar floor covering must be provided, equivalent in size to 1m2 for each bed or one floor mat of at least 2.4m2 to serve all beds. 1.2 Lighting, heating and ventilation (a) Dormitories, and bedrooms of facilities having bedrooms, must have windows totalling not less than 1m2 providing natural light and be furnished with curtains, shutters or blinds for privacy and exclusion of light. If the windows cannot be opened, a ventilation system must be provided. (b) In establishments with electricity supply, the following must be provided: (i) adequate lighting by means of electric bulbs of sufficient wattage and of sufficient number for the number of beds provided in a dormitory to allow for reading; (ii) at least one electrical socket for every 3 beds in a dormitory, and at least one electric power plug in each bedroom of a facility having bedrooms; (iii) in a facility having bedrooms, a reading lamp for each bed in a bedroom with its switch in immediate vicinity of the bed; (c) In establishments with no electricity supply, adequate lighting must be provided by means of gaslight, paraffin lamps, candles or other similar amenities. 1.3 Furniture and fixtures (a) Each dormitory must be provided with the following: (i) a wastepaper basket; (ii) adequate facilities for the storage of guest clothes and belongings including at least one unit of furniture with a serviceable lock; (iii) adequate beds for the number of persons occupying the dormitory, but in respect of children other suitable beds may be provided; (b) The following must be provided in respect of each bedroom in a facility having bedrooms: (i) A mirror at least 90cm long and 37cm wide; (ii) a wastepaper basket; (iii) a wardrobe or other suitable unit for the storage of guests’ clothes and, unless central security lock-up facilities for guests’ valuables are provided, the wardrobe or other unit must be provided with a serviceable lock; (iv) adequate beds for the number of persons occupying the room, but in respect of children other suitable beds may be provided; (v) at least one chair per single room and two chairs per double room; (vi) a key or other equivalent locking mechanism for the bedroom door. 46 Government Gazette 14 July 2004 No.3235 1.4 Linen, bedding and service (a) Each bed must be provided with a removable and washable mattress cover. (b) Bed-linen and towels must be provided on request of guests and if provided must be washed and changed with clean ones at least once weekly on guests’ request. (c) Extra bed-linen or towels must be provided on request of guests. (d) Occupied dormitories and bedrooms must be cleaned daily. 1.5 Accessories and in-room amenities (a) Smoking must not be allowed in dormitories. (b) In every bedroom of a facility having bedrooms, the following must be provided - (i) an ashtray, if smoking in the room is permitted; (ii) adequate clothes hooks and a minimum of 6 clothes-hangers, not being wire-hangers. 1.6. Client service Sleeping accommodation must be provided separately for male and female guests, if requested.

2. BATHROOMS AND TOILETS 2.1 Structuring and flooring (a) Floors, if not tiled, must be of impervious material. (b) Walls of bathrooms and toilets must be complete from the floor to the ceiling and the internal walls must either be tiled to a height of at least 135cm from the floor or coated with washable paint. (c) Separate communal bathrooms and toilets must be provided for persons of opposite sexes or, if provided for use by both sexes, they must be so situated and screened as to provide complete privacy. (d) Every bathroom and toilet must be fitted with a door which can be locked from the inside. (e) Adequate ventilation by means of windows, extractor fan or other acceptable means of ventilation in good order and effective action must be provided in every bathroom and toilet. (f) Bathrooms must have sufficient space to allow freedom of movement and access to all fittings. (g) Drainage from bathrooms and toilets must be disposed of by means of water- borne sewerage. (h) Bathrooms must be provided with showers or baths and washbasins at the ratio of one shower or one bath and one washbasin per every 10 beds. (i) A towel rail and clothes hook must be provided in every shower cubicle. No.3235 Government Gazette 14 July 2004 47 (j) One lockable toilet per 10 beds must be provided where there are no en suite bedrooms. Toilets may not be located in a shower cubicle. (k) In facilities with en suite bedrooms, every bedroom must be provided with at least a shower and toilet or a bath and toilet in a separate adjoining room. 2.2 Fixtures and fittings (a) A mirror of at least 45cm x 30cm, preferably positioned above the washbasin must be provided in each communal bathroom and in the bathroom of an en suite bedroom. (b) Unless free-standing, all bath-tubs must be built in with bricks or impervious material and tiled on the outside. (c) Towel rails, hooks or rings must be provided in each bathroom. (d) Adequate clothes hooks must be provided in each bathroom. (e) Every toilet bowl must be fitted with a lid. 2.3 Accessories and service (a) Every toilet, whether private, public or communal, must be provided with - (i) a toilet paper holder and supply of toilet paper; (ii) a waste or sanitary bin with a lid; and (iii) a soap dish or holder. (b) Bathrooms and toilets must be cleaned daily. (c) Running water should be available.

3. DINING ROOM If a dining facilities are provided for guests in the establishment - (a) dining facilities must be offered in a dining room either in a separate room or forming part of the kitchen; (b) the dining room must have sufficient tables and chairs to serve at one sitting at least 50% of the number of guests which can be accommodated; and (c) the dining room floor, if not tiled, must be of impervious material;

4. KITCHENS AND WASH-UPS Any dining room provided as in paragraph 3 must be provided with an accompanying kitchen and wash-up complying with the requirements of paragraphs 4.1 to 4.4 below. 4.1 Structuring and flooring (a) Floors, if not tiled, must be of impervious material. (b) Walls must be tiled to a height of at least 135cm from the floor, and walls above tiles must be coated with washable paint. (c) There must be no direct access to a toilet from the kitchen. 48 Government Gazette 14 July 2004 No.3235 4.2 Ventilation and hygiene (a) Adequate provision must be made for ventilation and the efficient removal of hot air and odours by means of extractor fans or other similar devices. (b) The kitchen must be kept free from insects and rodents. 4.3 Fixtures and fittings (a) All shelves must be of impervious material. (b) The top of each work surface must be a single and solid piece of stainless steel, marble or granite or other impervious material. (c) At least one sink, or a dish-washing machine and a sink, with hot and cold running water must be provided for the washing of dishes, pots, crockery and cutlery. 4.4. Equipment and service (a) If meals are not provided adequate facilities must be available to guests for preparing their own meals. (b) In the kitchen the following must be provided: (i) a refrigerator; (ii) a stove, hot plate or microwave; (iii) a kettle; (iv) sufficient cutlery and crockery; (v) shelving or storage facilities for food, cutlery and crockery; (vi) a kitchen sink with hot and cold running water (vii) adequate material for cleaning dishes; (viii) waste disposal bin with a lid; (ix) equipment for cleaning rooms, including brooms, mops, dust pans and towels. (c) All furniture and equipment, kitchen utensils, cutlery, crockery, glassware, bedding, linen, curtains, carpets, mats and other floor covering must be clean and kept in good order and no chipped or cracked crockery or glassware may be used.

5. FIRE SAFETY Adequate provision must be made for fire-fighting appliances and fire escapes, which must be prominently and clearly indicated at all times. The requirements of any local authority regulations or by-laws applicable in the area where the establishment is situated must be complied with at all times.

6. LAUNDRY If laundry services or facilities are provided for the washing and ironing of guests’ clothes on the premises, such services or facilities must not be provided in the kitchen of the premises. No.3235 Government Gazette 14 July 2004 49

7. RECEPTION FOR GUESTS (a) Provision must be made for the reception of guests in a reception area, conveniently situated and clearly indicated and fitted with a service counter. (b) A means of summoning attention must be provided when the reception desk is not attended.

8. GENERAL 8.1 Tariffs for accommodation and services (a) The tariffs for accommodation and customer services must be displayed in a prominent place at the reception desk or be available in writing. (b) Guests must be notified if the tariff has changed since an advance booking has been made. (c) It should be made clear what is included in the tariff quoted for accommodation, e.g. meals, service charge, and refreshments. 8.2 Maintenance and service (a) The structure, equipment, plumbing, drainage, sewerage disposal, lighting, ventilation, electrical installation of every permanent building of the establishment must be kept in good order of repair at all times. (b) The premises must be kept in a clean and hygienic condition and free of fire, health and safety hazards at all times. (c) All rooms must be properly ventilated. 8.3 Access, safety and security (a) Clients must have access to a telephone or two-way radio on the premises, where telecommunication network is available. (b) First-aid kit must be kept on the premises and be available to guests at all times. (c) Safety instructions for guests must be available in each guest room. (d) Adequate lighting must be provided in public areas, doorways and parking lots. (e) Establishment should be open through the year, unless closed for refurbishment or operates seasonal, which must be advertised as such. ANNEXURE 3 BED AND BREAKFAST ESTABLISHMENTS: MINIMUM REQUIREMENTS FOR REGISTRATION

1. GUEST ROOMS 1.1 Size and floor covering (a) Minimum floor area, inclusive of vestibule and built–in furniture, if any: Single room: 10m2; Double room: 15m2; 50 Government Gazette 14 July 2004 No.3235 (b) If not carpeted wall to wall, the floor must be tiled or covered with other impervious material and be provided with one floor mat, tanned skin or similar floor covering must be provided, equivalent in size to 1m2 for each bed or one floor mat of at least 2.4m2 to serve all beds. 1.2 Lighting, heating and ventilation (a) All bedrooms must have windows totalling not less than 1m2 providing natural light and be furnished with curtains, shutters or blinds for privacy and exclusion of light. If the windows cannot be opened, a ventilation system must be provided for. (b) In establishments with electricity supply, the following must be provided: (i) adequate electric lighting by means of electric bulbs of sufficient wattage to allow for reading; (ii) a reading lamp for each bed with its switch in immediate vicinity of bed; (iii) at least one electric power plug in each bedroom. (c) In an establishment with no electrical supply, adequate lighting must be provided by means of gaslight, paraffin lamps, candles or other similar amenities. 1.3 Furniture and fixtures The following must be provided in respect of each bedroom: (a) a mirror at least 90cm long and 37cm wide; (b) a wastepaper basket; (c) a wardrobe or other suitable unit for the storage of guests’ clothes and, unless central security lock-up facilities for guests’ valuables are provided, the wardrobe or other unit must be provided with a serviceable lock; (d) adequate beds for the number of persons occupying the room, but in respect of children other suitable beds may be provided; (e) at least one chair per single room and two chairs per double room; (f) a key or other equivalent locking mechanism for the bedroom door. (g) at least one bedside table, which may be shared by two beds if located between them. 1.4 Linen, bedding and service (a) Bed-linen, blankets, pillows and towels must be provided in sufficient quantities and be kept in good repair at all times; (b) Bed-linen and towels must be washed and changed with clean ones at least once weekly and in accordance with guests’ requests. (c) Extra bed-linen or towels must be provided on request of guests. (d) Occupied bedrooms must be cleaned daily. No.3235 Government Gazette 14 July 2004 51 1.5 Accessories and in-room amenities In every bedroom the following must be provided - (a) at least one tumbler per guest; (b) an ashtray, if smoking in room is permitted; (c) a minimum of 6 clothes-hangers, not being wire-hangers.

2. BATHROOMS AND TOILETS 2.1 Structuring and flooring (a) Floors must be of impervious material or concrete. (b) All walls of bathrooms and toilets must be complete from the floor to the ceiling and the internal walls must either be tiled to a height of at least 135cm from the floor or coated with washable paint. (c) Separate communal bathrooms and toilets must be provided for persons of opposite sexes or, if provided for use by both sexes, they must be so situated and screened as to provide complete privacy. At least one bathroom and one toilet must be provided for every three ordinary bedrooms on each floor. (d) Provision must be made for separate bathrooms and toilets for guests from those used by the owner and staff members of the establishment. (e) Every en suite bedroom must be provided with at least a shower and toilet or a bath and toilet. (f) Every bathroom and toilet, be it private or communal, must be fitted with a door which can be locked from the inside. (g) Adequate ventilation by means of windows, extractor fan or other acceptable means of ventilation in good order and effective action must be provided in every bathroom and toilet. (h) All bathrooms must have sufficient space to allow freedom of movement for access to all fittings. (i) Drainage from bathrooms and toilets must be disposed of by means of water- borne sewerage. 2.2 Fixtures and fittings (a) A mirror of at least 45cm x 30cm and shelf must be provided in each bathroom. (b) Bath-tubs, other than free-standing baths, must be built in with bricks or impervious material and tiled on the outside. (c) Every bathroom must have washbasin with hot and cold running water. (d) Towel rails, hooks or rings must be provided in each bathroom. (e) Adequate clothes hooks must be provided in each bathroom and toilet. (f) Every toilet bowl must be provided with a lid. 52 Government Gazette 14 July 2004 No.3235 2.3 Accessories and service (a) Every toilet, whether private, public or communal, must be provided with - (i) a toilet paper holder and supply of toilet paper; (ii) a waste or sanitary bin with a lid; and (iii) a soap dish or holder. (b) A washable bath mat or wooden bath step must be provided in each bathroom. (c) Bathrooms and toilets must be cleaned daily.

3. DINING ROOM Dining facilities for guests can be provided either in a separate dining room or in the dining room of the owner’s household. 3.1 Dining rooms: Structuring and flooring The dining room must have - (a) a floor of impervious material or concrete; (b) adequate lighting and ventilation in good order and efficient action; and (c) adequate seating and dining facilities. 3.2 Food and beverage service (a) At least breakfast service must be available to guests. (b) Alcoholic beverages may only be supplied and served in accordance with an appropriate liquor licence and guests must be informed accordingly prior to booking.

4. KITCHENS AND WASH-UPS Kitchen and wash-up facilities for guests may be provided either separately or in the facilities of the owner’s household. 4.1 Structuring and flooring (a) Floors must be of impervious material or concrete. (b) Walls must be tiled to a height of at least 135cm from the floor and walls above the tiles must be coated with washable paint. (c) Adequate cold rooms or refrigerators must be provided. (d) There must be no direct access to a toilet from the kitchen. 4.2 Ventilation and hygiene (a) Adequate provision must be made for ventilation and the efficient removal of hot air and odours by means of extractor fans or other similar devices. (b) Must be kept free from insects and rodents. No.3235 Government Gazette 14 July 2004 53 4.3 Fixtures and fittings (a) All shelves must be of impervious material. (b) The top of each worktable must be a single and solid piece of stainless steel, marble or granite or other equivalent impervious material. (c) At least one sink, or a dish-washing machine and a sink, with hot and cold running water must be provided for the washing of dishes, crockery and cutlery.

5. PANTRIES AND FOOD STORAGE ROOMS OR AREAS (a) A suitable pantry, larder or cupboard with sufficient capacity for the storage of food must be provided, of which - (i) the floor must be of impervious material or concrete; (ii) the shelves must be of impervious material or solid wood without any crack. (b) Every pantry, larder or cupboard must at all times be maintained in a clean and wholesome condition, free from flies, rodents, vermin and dust and protected from the admission of unwholesome vapours or gases.

6. FIRE SAFETY Adequate provision must be made for fire-fighting appliances and fire escapes, which must be prominently and clearly indicated at all times. The requirements of any local authority regulations or by-laws applicable in the area where the establishment is situated must be complied with at all times.

7. LAUNDRY If laundry services or facilities are provided for the washing and ironing of guests’ clothes on the premises, such services or facilities must not be provided in the kitchen of the premises.

8. RECEPTION FOR GUESTS (a) Provision must be made for the reception of guests in a reception area, conveniently situated and clearly indicated. (b) A staff member must always be available on call outside normal reception hours of the accommodation establishment and an effective means of summoning attention must be available when the reception desk is not attended.

9. BAR FACILITIES (a) In an establishment with an on-consumption liquor licence where bar facilities are provided, those facilities may be provided either in a separate bar room or as part of the dining room, and must have adequate seating facilities for customers. (b) Subject to the terms of an appropriate liquor licence, alcoholic and other beverages may be provided in a mini bar located in the bedroom or dining area. 54 Government Gazette 14 July 2004 No.3235

10. GENERAL 10.1 Tariffs for accommodation and services (a) The tariffs for accommodation and customer services must be displayed in a prominent place at the reception desk or be available in writing. (b) Guests must be notified if the tariff has changed since an advance booking has been made. (c) It should be made clear what is included in the tariff quoted for accommodation, e.g. meals, service charge, and refreshments. 10.2 Maintenance and service (a) The structure, equipment, plumbing, drainage, sewerage disposal, lighting, ventilation, electrical installation of every permanent building of the accommodation establishment must be kept in good repair at all times. (b) The premises must be kept in a clean and hygienic condition and free of fire, health and safety hazards at all times. (c) All rooms must be properly ventilated. 10.3 Equipment provided All furniture and equipment, kitchen utensils, cutlery, crockery, glassware, bedding, linen, curtains, carpets, mats and other floor covering must be clean and kept in good order and no chipped or cracked crockery or glassware may be used. 10.4 Access, safety and security (a) Clients must have access to a telephone or two-way radio on the premises, where telecommunication network is available. (b) First aid kit must be kept on the premises and be available to guests at all times. (c) Safety instructions for guests must be available in each guest room. ANNEXURE 4 CAMPSITES: MINIMUM REQUIREMENTS FOR REGISTRATION

1. ACCOMMODATION UNITS Structuring and layout (a) Designated camping sites must be provided for erecting tents, awnings or other temporary structures of guests for accommodation. (b) The camping sites must be arranged in such a way that there is at least 3 metres space between one another.

2. BATHROOM AND TOILET FACILITIES (a) Communal bathroom and toilet facilities must be provided having available, in respect of every 6 camping sites or, if any camping sites allow for accommodation of more than four guests per camping site then in respect of every 12 guests, at least - No.3235 Government Gazette 14 July 2004 55 (i) two bathrooms or shower cubicles, allowing for complete privacy when used; (ii) one washbasin with a mirror, not situated within a bathroom or shower cubicle. (b) At least two water, pit or chemical toilets must be provided for every 6 camping sites, or for every 12 guests in the case of any camping sites allowing for accommodation of more than four guests per camping site. (c) The internal walls of all bathrooms and toilets must either be tiled or painted with washable paint if constructed of bricks or other equivalent material. (d) In the case of a campsite situated within a conservancy or a communal land area the Chief Executive Officer may grant exemption from any of the requirements of paragraph (a), (b) or (c) or approve that alternative facilities be provided, subject to any conditions which the Board may determine. 3. LAUNDRY No washing must be permitted to be done or clothing hung out to dry in a place other than a place specially provided for that purpose.

4. WATER SUPPLY (a) If no supply of water for human consumption is provided in the campsite, guests must be informed in advance of that fact. (b) All water that is likely to be used for human consumption must be fit for human consumption and the water supply system, including tanks, pipelines, wells, pumping equipment, purification works, mains and service pipes must be free from sanitary defects. (c) If every camping site is not provided with a connection to a water supply system or alternative water supply, at least one standpipe and tap must be provided in a convenient position for every four camping areas or pitches. (d) If water that is not fit for human consumption is used in a campsite - (i) adequate precautions must be taken to prevent that water from being mixed with water that is likely to be used for human consumption; (ii) every tap must have an appropriate warning sign if its water is not fit for human consumption; and (iii) the design and layout of the water installations for the supply of water that is not fit for human consumption must be such as to minimise the danger that such water will be used for human consumption. (e) In the case of a campsite situated within a conservancy or a communal land area the Chief Executive Officer may grant an exemption from any of the requirements of paragraphs (b) or (c) or grant approval that alternative be provided or used, but only potable water must be supplied, either free of charge or against a charge, if required for human consumption.

5. COOKING FACILITIES Self-catering service provision (a) In respect of camping sites without own cooking facilities there must be provided - 56 Government Gazette 14 July 2004 No.3235 (i) for each camping site, at least one fire place; or (ii) for every 6 camping sites, a roofed field kitchen or scullery provided with (aa) a stove; and (bb) one garbage bin with cover. (b) All refuse bins must have close fitting covers secured at all times and be kept in good repair and be emptied and cleaned daily when in use.

6. GENERAL 6.1 Reception for guests If provision is made for the reception of guests - (a) a reception area which is conveniently situated and clearly indicated should be provided as well as a means of summoning attention when the reception desk is not attended; (b) a staff member of the establishment must at all times during normal business hours be available to attend to the reception office during every period when the campsite is in operation, and means must be provided at the reception office to summon attention outside normal reception hours. If a staff member is not physically in attendance during those hours or if no such service by a staff member is provided, guests must be informed of that fact. 6.2 Tariffs for accommodation and services (a) The tariffs for camping sites and other facilities and customer services must displayed in a prominent place at the reception desk or be available in writing. (b) Guests must be notified if the tariff has changed since an advance booking has been made. (c) Tariffs must clearly indicate the services and facilities included in the tariff quoted. 6.3 Maintenance and service (a) The structure, equipment, plumbing, drainage, sewerage disposal, lighting, ventilation, electrical installation of every permanent building of the camp site must be kept in good repair at all times. (b) The premises of a campsite must be cleaned daily and must be kept in a clean and hygienic condition. 6.4 Access, safety and security (a) The campsite must be adequately fenced off. The Chief Executive Officer may grant exemption from this requirement in respect of a campsite situated within a conservancy or a communal land area or any other rural area. (b) A road that provides easy entrance to or exit from the campsite must be provided as well as roads providing access to all sites where accommodation units are located. (c) Direction signs to the campsite must be placed at suitable points visible to motorists. No.3235 Government Gazette 14 July 2004 57 (d) First aid kit must be kept available at a readily accessible place. 6.5 Fire safety measures (a) A sufficient number of appropriate fire-fighting equipment and appliances must be provided. (b) Fire-fighting equipment must be provided in readily accessible positions on the premises of the campsite. ANNEXURE 5 CAMPING AND CARAVAN PARKS: MINIMUM REQUIREMENTS FOR REGISTRATION

1. ACCOMMODATION UNITS Structuring and layout (a) Caravan pitches must be so arranged that there is at least 3 metres space between them; (b) Accommodation for groups of more than 20 guests must be provided in separate pitches or allowing for reasonable accommodation of the number of guests in the group. (c) Each caravan pitch must have an area of at least 200m2. (d) Every on-site caravan provided for hire to guests by the establishment must be in a good state of repair, including with a good external appearance. (e) A person must not be permitted to park a caravan in a park for purposes of accommodation other than in an area designated for that purpose. (f) Camping sites for camping without a caravan and designated for the erection of tents, awnings or other temporary structures of guests must be arranged in such a way that there is at least 3 metres space between one another.

2. BATHROOM AND TOILET FACILITIES (a) Communal bathroom and toilet blocks must be provided having available, in respect of every 6 caravan pitches or camping sites, at least - (i) two bathrooms or shower cubicles, allowing for complete privacy when used; (ii) two washbasins with an adjacent mirror, not situated within a bathroom or shower cubicle. (b) At least two water, pit or chemical toilets must be provided for every 6 caravan pitches or camping sites, or both. (c) The internal walls of all bathrooms and toilets must either be tiled or painted with washable paint if constructed of bricks or other equivalent material and plastered. (d) In the case of a camping and caravan park situated within a conservancy or a communal land area the Chief Executive Officer may grant exemption from any of the requirements of paragraph (a), (b) or (c) or approve that alternative facilities be provided, subject to such conditions as the Chief Executive Officer may determine. 58 Government Gazette 14 July 2004 No.3235

3. LAUNDRY (a) If laundry services or facilities are provided for the washing and ironing of guests’ clothes on the premises, such services or facilities must not be provided in any kitchen or area for cooking facilities provided to guests on the premises. (b) No washing must be permitted to be done or clothing hung out to dry in a place other than a place specially provided for that purpose.

4. WATER SUPPLY (a) If no supply of water for human consumption is provided in the campsite, guests must be informed in advance of that fact. (b) All water that is likely to be used for human consumption must be fit for human consumption and the water supply system, including tanks, pipelines, wells, pumping equipment, purification works, mains and service pipes must be free from sanitary defects. (c) At least one standpipe and tap must be provided in a convenient position for every 10 caravan pitches and at least one standpipe for every 4 camping sites. (d) If water that is not fit for human consumption is used in a camping and caravan park - (i) adequate precautions must be taken to prevent that water from being mixed with water that is likely to be used for human consumption; (ii) every tap must have an appropriate warning sign if its water is not fit for human consumption; and (iii) the design and layout of the water installations for the supply of water that is not fit for human consumption must be such as to minimise the danger that such water will be used for human consumption. (e) In the case of a camping and caravan park situated within a conservancy or a communal land area the Chief Executive Officer may grant an exemption from any of the requirements of paragraphs (b) or (c) or grant approval that facilities of an alternative nature be provided or used.

5. COOKING FACILITIES Every camping and caravan park must provide - (a) in respect of every caravan pitch or camping sites, at least one fire place; or (b) in respect of at least every 6 caravan pitches or camping sites, or both, a roofed field kitchen or scullery provided with (i) a fire place or a stove; and (ii) at least one garbage-bin with cover. (c) All refuse bins must have close fitting covers that are secured at all times and be kept in good repair and be emptied and cleaned daily when in use. No.3235 Government Gazette 14 July 2004 59

6. RESTAURANT AND BAR FACILITIES If, in the case of a camping and caravan park in respect of which an on-consumption liquor licence is held, either restaurant or bar facilities, or both such facilities, are provided, the following requirements must be complied with: 6.1 Restaurant The restaurant must have - (a) a floor which is tiled or covered with other impervious material; (b) adequate lighting and ventilation in good order and efficient action; and (c) adequate seating and dining facilities. 6.2 Bar Every bar must - (a) be fitted with a suitable bar counter; (b) have adequate seating facilities for customers; and (c) in or near the bar, a sink with a tiled or stainless steel splashboard and with hot and cold running water for the washing of glasses; and (d) have at least one toilet for each of the sexes.

7. GENERAL 7.1 Reception for guests If provision is made for the reception of guests - (a) a reception area which is conveniently situated and clearly indicated should be provided as well as a means of summoning attention when the reception desk is not attended; (b) a staff member of the establishment must at all times during normal business hours be available to attend to the reception office during every period when the park is in operation, and means must be provided at the reception office to summon attention outside normal reception hours or if a staff member is not physically in attendance during those hours, but if no such service by a staff member is provided guests must be informed of that fact. 7.2 Access, safety and security (a) A camping and caravan park must be properly fenced off. The Chief Executive Officer may grant exemption from this requirement in respect of a park situated within a conservancy or a communal land area or any rural area. (b) A road that provides easy entrance to or exit from the camping and caravan park must be provided as well as roads providing access to all caravan pitches and camping sites. All roads must have a surface allowing for driving in all weather conditions. (c) Direction signs to the camping and caravan park must be placed at suitable points visible to motorists. 60 Government Gazette 14 July 2004 No.3235 (d) First aid kit must be kept available at a readily accessible place. (e) At least one staff member of the establishment must have knowledge of elementary first aid. (f) Guidelines and instructions reasonably required for advising guests in relation to risks attached to any amenities or services provided in a camping and caravan park must be made available to guests upon registration and also be conspicuously displayed at the reception area. 7.3 Maintenance and service (a) The structure, equipment, plumbing, drainage, sewerage disposal, lighting, ventilation, electrical installation of every permanent building of the camping and caravan park must be kept in good repair at all times. (b) The premises of a camping and caravan park must be cleaned daily and must be kept in a clean and hygienic condition and free of fire, health and safety hazards at all times. 7.4 Fire safety measures (a) A sufficient number of appropriate fire-fighting equipment and appliances must be provided. (b) Fire-fighting equipment must be provided in readily accessible positions on the premises of the park in such way that at least one appliance is provided in respect of every two caravan pitches or camping sites and not more than 25 metres away from either of them. 7.5 Staff (a) A person must be appointed to be in attendance during every period when the camping and caravan park is in operation. (b) A staff member of the establishment must at all times during normal business hours be available to attend to the reception office during every period when the caravan park is in operation, and means must be provided at the reception office to summon attention if a staff member is not physically in attendance, but if no such service by a staff member is provided guests must be informed of that fact. ANNEXURE 6 GUEST FARMS AND GUEST HOUSES: MINIMUM REQUIREMENTS FOR REGISTRATION

1. GUEST ROOMS 1.1 Size and floor covering (a) Minimum floor area, inclusive of vestibule and built–in furniture, if any: Single room: 11m2 or 30 m2; Double room: 17m2 or 46 m2 (b) If not carpeted wall to wall, the floor must be tiled or covered with other impervious material and be provided with one floor mat, tanned skin or similar floor covering must be provided, equivalent in size to 1m2 for each bed or one floor mat at least 2.4m2 to serve all beds. No.3235 Government Gazette 14 July 2004 61 1.2 Lighting, heating and ventilation (a) All bedrooms must have windows totalling not less than 1m2 providing natural light and be furnished with curtains, shutters or blinds for privacy and exclusion of light. If the windows cannot be opened, a ventilation system must be provided. (b) In establishments with electricity supply, the following must be provided: (i) adequate electric lighting by means of electric bulbs of sufficient wattage to allow for reading; (ii) a reading lamp for each bed with its switch in immediate vicinity of bed; (iii) at least one electric power plug in each bedroom; (c) In establishments with no electricity supply, adequate lighting must be provided by means of gaslight, paraffin lamps, candles or other similar amenities. 1.3 Furniture and fixtures The following must be provided in respect of each bedroom: (a) a mirror at least 90cm long and 37cm wide; (b) at least one bedside table which may be shared by two beds if located between them; (c) a wastepaper basket; (d) a wardrobe or other suitable unit for the storage of guests’ clothes and, unless central security lock-up facilities for guests’ valuables are provided, the wardrobe or other unit must be provided with a serviceable lock; (e) adequate beds for the number of persons occupying the room, but in respect of children other suitable beds may be provided; (f) at least one chair per single room and two chairs per double room; (g) the entrance of each bedroom is secured by a door with a suitable lock and key or other equivalent locking mechanism. 1.4 Linen, bedding and service (a) Bed-linen, blankets, pillows and towels must be provided in sufficient quantities and be kept in good repair at all times. (b) Bed-linen and towels must be washed and changed with clean ones at least once weekly and in accordance with guests’ requests. (c) Extra bed-linen or towels must be provided on request of guests. (d) Occupied bedrooms must be cleaned daily. 1.5 Accessories and in-room amenities In every bedroom the following must be provided - (a) at least one tumbler per guest; 62 Government Gazette 14 July 2004 No.3235 (b) an ashtray, if smoking in room is permitted; (c) a minimum of 6 clothes-hangers, not being wire-hangers.

2. BATHROOMS AND TOILETS 2.1 Structuring and flooring (a) Floors must be tiled or covered with other impervious material. (b) All walls of bathrooms and toilets must be complete from the floor to the ceiling and the internal walls must be tiled to a height of at least 135cm from the floor, and walls above tiles must be coated in washable paint. (c) If communal bathrooms and toilet facilities are provided, the following must be available: (i) at least one shower or bath with hot and cold running water in each bathroom, and if it is desired to provide baths in addition to showers, they may be installed in a common bathroom; (ii) at least one bathroom or shower and one toilet for every 3 bedrooms, other than en suite bedrooms, on each floor; (iii) separate communal bathrooms and toilets must be provided for persons of opposite sexes or, if provided for use by both sexes, they must be so situated and screened as to provide complete privacy. (d) Every en suite bedroom must be provided with at least a shower and toilet or a bath and toilet. (e) Every bathroom and toilet, be it private or public, must be fitted with a door which can be locked from the inside. (f) Adequate ventilation by means of windows, extractor fan or other acceptable means of ventilation in good order and effective action must be provided in every bathroom and toilet. (g) All bathrooms must have sufficient space to allow freedom of movement for access to all fittings. (h) Drainage from bathrooms and toilets must be disposed of by means of water- borne sewerage. 2.2 Fixtures and fittings (a) A mirror of at least 45cm x 30cm must be provided in each bathroom. (b) Bath-tubs, other than free-standing baths, must be built in with bricks or impervious material and tiled on the outside. (c) All bathrooms must have a washbasin with hot and cold running water. (d) Towel rails, hooks or rings must be provided in each bathroom. (e) Adequate clothes hooks must be provided in each bathroom and toilet. (f) A washable bath mat or a wooden bath step must be provided beside the bath in each bathroom. (g) Every toilet bowl must be provided with a lid. No.3235 Government Gazette 14 July 2004 63 2.3 Accessories and service (a) Every toilet, whether private, public or communal, must be provided with - (i) a toilet paper holder and supply of toilet paper; (ii) a waste or sanitary bin with a lid; (iii) a soap dish or holder; and (iv) soap. (b) Bathrooms and toilets must be cleaned daily.

3. PUBLIC TOILETS In the case of a guest farm in respect of which a hotel liquor licence is held, public toilet facilities, conveniently situated and clearly indicated, must be provided separately for the opposite sexes, and must have - (a) walls completely built from floor to ceiling; (b) at least one toilet, the walls of which are tiled or of other impervious material or coated with washable paint to a height of at least 135 cm. from the floor and the door provided with a serviceable lock which can be locked from the inside; (c) in the facility for men, a urinal, tiled or of stainless steel or any other impervious material to a height of at least 135 cm; (d) a washbasin with running water and with an area of at least 60cm by 45cm tiled immediately above each washbasin; (e) a mirror and shelf adjacent to the washbasin; (f) soap and clean facilities for drying hands must be provided.

4. DINING ROOMS In the case of a guest farm, dining facilities for guests may be provided either in a separate dining room or in combination with the lounge/sitting area or in the dining room of the owner’s household. 4.1 Structuring and flooring Every dining room must have - (a) a floor of impervious material or concrete; (b) adequate lighting and ventilation in good order and efficient action; and (c) adequate seating and dining facilities. 4.2 Food and beverage service (a) Menus must be provided for the service of food at each meal. (b) In the case of a guest house situated in an urban area, the Chief Executive Officer may in writing exempt an establishment from the obligation to provide meals to guests if the Chief Executive Officer, upon application by an establishment, is satisfied that other facilities for the provisions of food 64 Government Gazette 14 July 2004 No.3235 and beverages are available within a reasonable distance from the premises of the accommodation establishment. (c) In the case of a guest house or guest farm situated in a rural area adequate provision must be made for the service of food and beverages to guests. (d) Alcoholic beverages may only be supplied and served in accordance with an appropriate liquor licence and guests must be informed accordingly prior to booking.

5. KITCHENS AND WASH-UPS If food and beverage services are available to guests, kitchen and wash-up facilities for guests - (b) in the case of a guest house, must be provided separately from those of the owner’s household; (c) in the case of a guest farm, may be provided in the facilities of the owner’s household. 5.1 Structuring and flooring (a) Floors must be of impervious material or concrete. (b) All walls must either be tiled to a height of at least 135cm from the floor or be coated with washable paint. (c) Adequate cold rooms or refrigerators must be provided. (d) There must be no direct access to a toilet from the kitchen. 5.2 Ventilation and hygiene (a) Adequate provision must be made for ventilation and the efficient removal of hot air and odours by means of extractor fans or other similar devices. (b) Must be kept free from insects and rodents. 5.3 Fixtures and fittings (a) All shelves must be of impervious material. (b) The top of each worktable must be a single and solid piece of stainless steel, marble or granite or other equivalent impervious material. (c) At least one sink, or a dish-washing machine and a sink, with hot and cold running water must be provided for the washing of dishes, crockery and cutlery. A separate sink with hot and cold running water must be provided for the washing of pots and pans. (d) Separate facilities with hot and cold running water, and soap and clean towels, must be provided in or near the kitchen for employees for the washing of hands.

6. PANTRIES AND FOOD STORAGE ROOMS OR AREAS (a) A suitable pantry or larder with sufficient capacity for the storage of food must be provided, of which - (i) the floor must be of impervious material or concrete; No.3235 Government Gazette 14 July 2004 65 (ii) the walls must be tiled to a height of at least 135cm from the floor where practicable and walls above tiles to be coated in washable paint; (iii) the shelves must be of impervious material or solid wood without any crack. (b) Every pantry or larder must at all times be maintained in a clean and wholesome condition, free from flies, rodents, vermin and dust and protected from the admission of unwholesome vapours or gases.

7. LOUNGES/SITTING AREA Adequate lounge facilities for guests must be provided either separately or as part of the owner’s dwelling and must have - (a) floors of impervious material or concrete; (b) adequate and comfortable seating; and (c) adequate ventilation and lighting. 8. FIRE SAFETY Adequate provision must be made for fire-fighting appliances and fire escapes, which must be prominently and clearly indicated at all times. 9. LAUNDRY A laundry service must be provided for the washing and ironing of guests’ clothes, either on or off the premises.

10. RECEPTION FOR GUESTS (a) Provision must be made for the reception of guests in a reception area, conveniently situated and clearly indicated. (b) A staff member must always be available on call outside normal reception hours of the accommodation establishment and an effective means of summoning attention must be available when the reception desk is not attended.

11. BAR FACILITIES (a) In the case of a guest farm with a hotel liquor licence where bar facilities are provided, the bar must have adequate seating facilities for customers. (b) Subject to the terms of an appropriate liquor licence, alcoholic and other beverages may be provided in a mini bar located in the bedroom or the dining area.

12. GENERAL 12.1 Tariffs for accommodation and services (a) The tariffs for accommodation and customer services must be displayed in a prominent place at the reception desk or be available in writing. (b) Guests must be notified if the tariff has changed since an advance booking has been made. (c) It should be made clear what is included in the tariff quoted for accommodation, e.g. meals, service charge, and refreshments. 66 Government Gazette 14 July 2004 No.3235 12.2 Conduct of business An accommodation establishment must be open for business every day of the year, unless it is closed for refurbishment or it offers only seasonal accommodation. Such information must be made clear in brochures and other promotional material. 12.3 Maintenance and service (a) The structure, equipment, plumbing, drainage, sewerage disposal, lighting, ventilation, electrical installation of every permanent building of the accommodation establishment must be kept in good state of repair at all times. (b) The premises must be kept in a clean and hygienic condition and free of fire, health and safety hazards at all times. (c) All rooms must be properly ventilated. 12.4 Equipment provided All furniture and equipment, kitchen utensils, cutlery, crockery, glassware, bedding, linen, curtains, carpets, mats and other floor covering must be clean and kept in good order and no chipped or cracked crockery or glassware may be used. 12.5 Access, safety and security (a) Clients must have access to a telephone or two-way radio on the premises, where telecommunication network is available. (b) First aid kit must be kept on the premises and be available to guests at all times. (c) At least one member of the staff of an establishment must have knowledge of elementary first aid. (d) Guidelines and instructions reasonably required for advising guests in relation to any risks attached to any amenities or services provided at the establishment must be made available in each accommodation unit and also be conspicuously displayed at the reception area. (e) An emergency response plan must be established and staff members of the establishment must from time to time receive training on how to act in accordance with such plan. ANNEXURE 7 HOTEL OR HOTEL PENSION: MINIMUM REQUIREMENTS FOR REGISTRATION

1. GUEST ROOMS 1.1 Size and floor covering (a) Minimum floor area, inclusive of vestibule and built–in furniture, if any: Single room: 11m2 or 30 m2; Double room: 17m2 or 46 m2 (b) If not carpeted wall to wall, the floor must be tiled or covered with other impervious material and be provided with one floor mat, tanned skin or similar floor covering must be provided, equivalent in size to 1m2 for each bed or one floor mat at least 2.4m2 to serve all beds. No.3235 Government Gazette 14 July 2004 67 1.2 Lighting, heating and ventilation (a) All bedrooms must have windows totalling not less than 1m2 providing natural light and be furnished with curtains, shutters or blinds for privacy and exclusion of light. If the windows cannot be opened, a ventilation system must be provided for. (b) Bedrooms must be provided with - (i) adequate electric lighting by means of electric bulbs of sufficient wattage to allow for reading; (ii) a reading lamp for each bed with its switch in immediate vicinity of bed; (iii) at least one electric power plug in each bedroom. 1.3 Furniture and fixtures The following must be provided in respect of each bedroom: (a) a mirror at least 90cm long and 37cm wide; (b) a table, desk or dresser or any combination of those articles of furniture in each bedroom or a room adjacent to and forming part of the bedroom, of which at least one must be suitable to serve as a work surface; (c) a wastepaper basket; (d) in each bedroom or a room adjacent to and forming part of the bedroom, a wardrobe or other suitable unit for the storage of guests’ clothes and, unless security lock-up facilitates for guests’ valuables are provided the guest room, the wardrobe or other unit must be provided with a serviceable lock; (e) adequate beds for the number of persons occupying the room, but in respect of children other suitable beds may be provided; (f) at least one chair per single room and two chairs per double room; (g) the entrance of each bedroom is secured by a door with a suitable lock and key or other equivalent locking mechanism. 1.4 Linen, bedding and service (a) Bed-linen, blankets, pillows and towels must be provided in sufficient quantities and be kept in good repair at all times; (b) Bed-linen and towels must be washed and changed with clean ones at least once weekly and in accordance with guests’ requests. (c) Extra bed-linen or towels must be provided on request of guests. (d) Occupied bedrooms must be cleaned daily. 1.5 Accessories and in-room amenities In every bedroom the following must be provided - (a) drinking water with at least one tumbler per guest; (b) an ashtray, if smoking in room is permitted; 68 Government Gazette 14 July 2004 No.3235 (c) a minimum of 6 clothes-hangers, not being wire-hangers.

2. BATHROOMS AND TOILETS 2.1 Structuring and flooring (a) Floors must be tiled or covered with other impervious material. (b) All walls of bathrooms and toilets must be complete from the floor to the ceiling and the internal walls must be tiled to a height of at least 135cm from the floor, and walls above tiles must be coated in washable paint. (c) En suite bedrooms must be provided with at least a shower and toilet or a bath and toilet. (d) Every bathroom and toilet, be it private or public, must be fitted with a door which can be locked from the inside. (e) Adequate ventilation by means of windows, extractor fan or other acceptable means of ventilation in good order and effective action must be provided in every bathroom and toilet. (f) All bathrooms must have sufficient space to allow freedom of movement for access to all fittings. (g) Drainage from bathrooms and toilets must be disposed of by means of water- borne sewerage. 2.2 Fixtures and fittings (a) A mirror of at least 45cm x 30 cm must be provided in each bathroom. (b) Bath-tubs, other than free-standing baths, must be built in with bricks or impervious material and tiled on the outside. (c) All bathrooms must have a washbasin with hot and cold running water. (d) Towel rails, hooks or rings must be provided in each bathroom. (e) Adequate clothes hooks must be provided in each bathroom and toilet. (f) A washable bath mat or a wooden bath step must be provided beside the bath in each bathroom. (g) Every toilet bowl must be provided with a lid. 2.3 Accessories and service (a) Every toilet, whether private, public or communal, must be provided with - (i) a toilet paper holder and supply of toilet paper; (ii) a waste or sanitary bin with a lid; (iii) a soap dish or holder; and (iv) soap. (b) Bathrooms and toilets must be cleaned daily. No.3235 Government Gazette 14 July 2004 69

3. PUBLIC TOILETS Public toilet facilities, conveniently situated and clearly indicated, must be provided separately for the opposite sexes, and must have - (a) walls completely built from floor to ceiling; (b) at least one toilet, the walls of which are tiled or of other impervious material or coated with washable paint to a height of at least 135cm. from the floor and the door provided with a serviceable lock which can be locked from the inside; (c) in the facility for men, a urinal, tiled or of stainless steel or any other impervious material to a height of at least 135cm; (d) a washbasin with hot an cold running water and with an area of at least 60cm by 45cm tiled immediately above each washbasin; (e) a mirror and shelf adjacent to the washbasin; (f) soap and clean facilities for drying hands.

4. DINING ROOMS 4.1 Structuring and flooring (a) Every dining room must have - (i) a floor which is tiled or covered with other impervious material; (ii) adequate lighting and ventilation in good order and efficient action;and (iii) adequate seating and dining facilities. (b) There must be no direct access to a toilet from the dining room. 4.2 Food and beverage service (a) Menu must be provided for the service of food at each meal. (b) In the case of an establishment situated in an urban area, the Chief Executive Officer may in writing exempt an establishment from the obligation to provide meals to guests if the Chief Executive Officer, upon application by an establishment, is satisfied - (i) that other facilities for the provisions of food and beverages are available within a reasonable distance from the premises of the accommodation establishment; or (ii) that “dial-a meal” services are available. (c) Alcoholic beverages may only be supplied and served in accordance with an appropriate liquor licence and guests must be informed accordingly prior to booking.

5. KITCHENS AND WASH-UPS 5.1 Structuring and flooring (a) Floors must be of impervious material or concrete. 70 Government Gazette 14 July 2004 No.3235 (b) All walls must be tiled to a height of at least 135cm from the floor, and walls above tiles must be coated with washable paint. (c) Adequate cold rooms or refrigerators must be provided. (d) There must be no direct access to a toilet from the kitchen. 5.2 Ventilation and hygiene (a) Adequate provision must be made for ventilation and the efficient removal of hot air and odours by means of extractor fans or other similar devices. (b) Must be kept free from insects and rodents. 5.3 Fixtures and fittings (a) All shelves must be of impervious material. (b) The top of each worktable must be a single and solid piece of stainless steel, marble or granite or other equivalent impervious material (c) At least one sink, or a dish-washing machine and a sink, with hot and cold running water must be provided for the washing of dishes, crockery and cutlery. A separate sink with hot and cold running water must be provided for the washing of pots and pans. (d) Separate facilities with hot and cold running water, and soap and clean towels, must be provided in or near the kitchen for employees for the washing of hands.

6. PANTRIES AND FOOD STORAGE AREAS (a) A suitable pantry or larder with sufficient capacity for the storage of food must be provided, of which - (i) the floor must be of impervious material or concrete; (ii) the walls must be tiled to a height of at least 135cm from the floor where practicable and walls above tiles to be coated in washable paint; (iii) the shelves must be of impervious material or solid wood without any crack; (b) Every pantry or larder must at all times be maintained in a clean and wholesome condition, free from flies, rodents, vermin and dust and protected from the admission of unwholesome vapours or gases.

7. LOUNGES Adequate lounge facilities must be provided in establishments with 10 or more bedrooms which must have - (a) floors must be tiled or covered with other impervious material; (b) adequate and comfortable seating; and (c) adequate ventilation and lighting.

8. FIRE SAFETY Adequate provision must be made for fire-fighting appliances and fire escapes, which must be prominently and clearly indicated at all times. No.3235 Government Gazette 14 July 2004 71

9. LAUNDRY A laundry service must be provided for the washing and ironing of guests’ clothes, either on or off the premises.

10. RECEPTION FOR GUESTS (a) Provision must be made for the reception of guests in a reception area, conveniently situated and clearly indicated and fitted with a service counter. (b) A staff member must always be available on call outside normal reception hours of the accommodation establishment and an effective means of summoning attention must be available when the reception desk is not attended.

11. BAR FACILITIES (a) In an establishment with an on-consumption liquor licence where bar facilities are provided, the bar must - (i) be fitted with a suitable bar counter; and (ii) have adequate seating facilities for customers; and (iii) in or near the bar, a sink with a tiled or stainless steel splashboard and with hot and cold running water for the washing of glasses. (b) Subject to the terms of an appropriate liquor licence, alcoholic and other beverages may be provided in a mini bar located in the bedroom.

12. GENERAL 12.1 Tariffs for accommodation and services (a) The tariffs for accommodation and customer services must be displayed in a prominent place at the reception desk or be available in writing. (b) Guests must be notified if the tariff has changed since an advance booking has been made. (c) It should be made clear what is included in the tariff quoted for accommodation, e.g. meals, service charge, and refreshments. (d) A guest service directory must be provided in each bedroom. 12.2 Conduct of business An accommodation establishment must be open for business every day of the year, unless it is closed for refurbishment or it offers only seasonal accommodation. Such information must be made clear in brochures and other promotional material. 12.3 Dress and health requirements in respect of staff All staff members must be properly attired and clean. 12.4 Maintenance and service (a) The structure, equipment, plumbing, drainage, sewerage disposal, lighting, ventilation, electrical installation of every permanent building of the accommodation establishment must be kept in good repair at all times. 72 Government Gazette 14 July 2004 No.3235 (b) The premises must be kept in a clean and hygienic condition and free of fire, health and safety hazards at all times. (c) All rooms must be properly ventilated. 12.5 Equipment provided All furniture and equipment, kitchen utensils, cutlery, crockery, glassware, bedding, linen, curtains, carpets, mats and other floor covering must be clean and kept in good order and no chipped or cracked crockery or glassware may be used. 12.6 Access, safety and security (a) Clients must have access to a telephone or two-way radio on the premises, where telecommunication network is available. (b) Security facilities for the safekeeping of guests’ valuables must be provided either in the guest rooms or at a central place. (c) Guests must have 24-hour access to their accommodation. If a member of staff is not available at all times, guests must be provided with keys or other locking device. (d) First aid kit must be kept on the premises and be available to guests at all times. (e) At least one member of the staff of an establishment must have knowledge of elementary first aid. (f) Guidelines and instructions reasonably required for advising guests in relation to any risks attached to any amenities or services provided at the establishment must be made available in each accommodation unit and also be conspicuously displayed at the reception area. (g) An emergency response plan must be established and staff members of the establishment must from time to time receive training on how to act in accordance with such plan. ANNEXURE 8 LODGES (OTHER THAN TENTED LODGES): MINIMUM REQUIREMENTS FOR REGISTRATION

1. GUEST ROOMS 1.1 Size and floor covering (a) Minimum floor area, inclusive of vestibule and built–in furniture, if any: Single room: 11m2 or 30 m2; Double room: 17m2 or 46 m2 (b) If not carpeted wall to wall, the floor must be tiled or covered with other impervious material and be provided with one floor mat, tanned skin or similar floor covering must be provided, equivalent in size to 1m2 for each bed or one floor mat at least 2.4m2 to serve all beds. 1.2 Lighting, heating and ventilation (a) All bedrooms must have windows totalling not less than 1m2 providing natural light and be furnished with curtains, shutters or blinds for privacy and exclusion of light. If the windows cannot be opened, a ventilation system must be provided for. No.3235 Government Gazette 14 July 2004 73 (b) In establishments with electricity supply, the following must be provided: (i) adequate electric lighting by means of electric bulbs of sufficient wattage to allow for reading; (ii) at least one electric power plug in each bedroom; (c) In establishments with no electricity supply, adequate lighting must be provided by means of gaslight, paraffin lamps, candles or other similar amenities. 1.3 Furniture and fixtures (a) The following must be provided in respect of each bedroom: (i) a mirror at least 90cm long and 37cm wide; (ii) a table, desk or dresser or any combination of those articles of furniture in each bedroom or a room adjacent to and forming part of the bedroom, of which at least one must be suitable to serve as a work surface; (iii) a wastepaper basket; (iv) a wardrobe or other suitable unit for the storage of guests’ clothes and, unless central lock-up facilities for guests’ valuables are provided in the guest room, the wardrobe or other unit must be provided with a serviceable lock; (v) at least one chair per single room and two chairs per double room; (vi) a key or other equivalent locking mechanism for the bedroom door. 1.4 Beds, linen and service (a) Adequate beds for the number of persons occupying the room must be provided, but in respect of children other suitable beds may be provided; (b) Bed-linen, blankets, pillows and towels must be provided in sufficient quantities and be kept at all times in good repair; (c) Bed-linen and towels must be washed and changed with clean ones at least once weekly and in accordance with guests’ requests. (d) Extra bed-linen or towels must be provided on request of guests. (e) Occupied bedrooms must be cleaned daily. 1.5 Accessories and in-room amenities In every bedroom the following must be provided - (a) drinking water with at least one tumbler per guest; (b) if smoking in room is permitted, an ashtray; (c) a minimum of 6 clothes-hangers, not being wire-hangers.

2. BATHROOMS AND TOILETS 2.1 Structuring and flooring 74 Government Gazette 14 July 2004 No.3235 (a) Floors must be of impervious material or concrete. (b) All walls of bathrooms and toilets must be complete from the floor to the ceiling and the internal walls must be tiled to a height of at least 135cm from the floor, and walls above tiles must be coated in washable paint. (c) Communal bathroom and toilet facilities must be provided in respect of rooms or other accommodation units without own bathrooms and toilets, as follows: (i) in respect of every 4 accommodation units without own facilities, at least one bathroom or one shower cubicle and at least one washbasin, not located within a bathroom or shower cubicle, must be provided; (ii) in respect of every 4 accommodation units, at least one water, pit or chemical toilet must be provided, with at least one washbasin at the entrance of every toilet block; and (iii) the internal walls of all bathrooms and toilets must either be tiled or painted with washable paint. (d) Every en suite bedroom must be provided with at least a shower and toilet or a bath and toilet. (e) Every bathroom and toilet, be it private or communal, must be fitted with a door which can be locked from the inside. (f) Adequate ventilation by means of windows, extractor fan or other acceptable means of ventilation in good order and effective action must be provided in every bathroom and toilet. (g) All bathrooms must have sufficient space to allow freedom of movement for access to all fittings. (h) Drainage from bathrooms and toilets must be disposed of by means of water- borne sewerage, except if a pit or chemical toilet is provided. 2.2 Fixtures and fittings (a) A mirror of at least 45cm x 30cm and shelf must be provided in each bathroom. (b) Bath-tubs, other than free-standing baths, must be built in with bricks or impervious material and tiled on the outside. (c) Every bathroom must have a washbasin with hot and cold running water. (d) Towel rails, hooks or rings must be provided in each bathroom. (e) Adequate clothes hooks must be provided in each bathroom and toilet. (f) A washable bath mat or a wooden bath step must be provided beside the bath in each bathroom. (g) Every toilet bowl must be provided with a lid. 2.3 Accessories and housekeeping (a) Every toilet, whether private, public or communal, must be provided with - (i) a toilet paper holder and supply of toilet paper; No.3235 Government Gazette 14 July 2004 75 (ii) a waste or sanitary bin with a lid; (iii) a soap dish or holder; and (iv) soap. (b) Bathrooms and toilets must be cleaned daily.

3. PUBLIC TOILETS Public toilet facilities, conveniently situated and clearly indicated, must be provided separately for the opposite sexes, and must have - (a) walls built completely from floor to ceiling; (b) at least one toilet, the walls of which are tiled or of other impervious material or coated with washable paint to a height of at least 135cm. from the floor and the door provided with a serviceable lock which can be locked from the inside; (c) in the facility for men, a urinal, tiled or of stainless steel or any other impervious material to a height of at least 135cm; (d) a washbasin with hot an cold running water and with an area of at least 60cm by 45cm tiled immediately above each washbasin; (e) a mirror and shelf at the washbasin; (f) soap and clean facilities for drying hands must be provided;

4. DINING ROOM/LAPA 4.1 Structuring and flooring The dining room or lapa must have - (a) a floor of impervious material or concrete; (b) adequate lighting and ventilation in good order and efficient action; and (c) adequate seating and dining facilities. 4.2 Food and beverage service (a) Food and beverage service must be provided. (b) Menus must be provided for the service of food at each meal. (c) Alcoholic beverages may only be supplied and served in accordance with an appropriate liquor licence and guests must be informed accordingly prior to booking.

5. KITCHENS AND WASH-UPS 5.1 Structuring and flooring (a) Floors must be of impervious material or concrete. (b) All walls must either be tiled to a height of at least 135cm from the floor or be coated with washable paint. 76 Government Gazette 14 July 2004 No.3235 (c) Adequate cold rooms or refrigerators must be provided. (d) There must be no direct access to a toilet from the kitchen. 5.2 Ventilation and hygiene (a) Adequate provision must be made for ventilation and the efficient removal of hot air and odours by means of extractor fans or other similar devices. (b) Must be kept free from insects and rodents. 5.3 Fixtures and fittings (a) All shelves must be of impervious material. (b) The top of each worktable must be a single and solid piece of stainless steel, marble or granite or other equivalent impervious material (c) At least one sink, or a dish-washing machine and a sink, with hot and cold running water must be provided for the washing of dishes, crockery and cutlery. A separate sink with hot and cold running water must be provided for the washing of pots and pans. (d) Separate facilities with hot and cold running water, and soap and clean towels, must be provided in or near the kitchen for employees for the washing of hands.

6. PANTRIES AND FOOD STORAGE ROOMS OR AREAS (a) A suitable pantry or larder with sufficient capacity for the storage of food must be provided, of which - (i) the floor must be of impervious material or concrete; (ii) the walls must be tiled to a height of at least 135cm from the floor where practicable and walls above tiles to be coated in washable paint; (iii) the shelves must be of impervious material or solid wood without any crack; (b) Every pantry or larder must at all times be maintained in a clean and wholesome condition, free from flies, rodents, vermin and dust and protected from the admission of unwholesome vapours or gases.

7. WATER SUPPLY (a) All water that is likely to be used for human consumption must be fit for human consumption and the water supply system, including tanks, pipelines, wells, pumping equipment, purification works, mains and service pipes must be free from sanitary defects. (b) If every accommodation unit is not connected to a water supply system or alternative water supply, at least one standpipe and tap must be provided in a convenient position for every two accommodation units. A grease trap set in a dished and properly rendered surround and connected to an approved drainage system must be provided under every standpipe tap. (c) If water that is not fit for human consumption is used in a permanent tented camp - No.3235 Government Gazette 14 July 2004 77 (i) adequate precautions must be taken to prevent that water from being mixed with water that is likely to be used for human consumption; (ii) every tap must have an appropriate warning sign advising if its water is not fit for human consumption; and (iii) the design and layout of the water installations for the supply of water that is not fit for human consumption must be such as to minimise the danger that such water will be used for human consumption. (d) In the case of a lodge situated within a conservancy or a communal land area the Chief Executive Officer may grant an exemption from any of the requirements of paragraphs (b) or (c) or grant approval that alternative be provided or used, but only potable water must be supplied, either free of charge or against a charge, if required for human consumption.

8. LOUNGES Adequate lounge facilities, with floors of impervious material or concrete, must be provided in establishments with 10 or more bedrooms, providing - (a) adequate and comfortable seating; and (b) adequate ventilation and lighting.

9. FIRE SAFETY Adequate provision must be made for fire-fighting appliances and fire escapes, which must be prominently and clearly indicated at all times.

10. LAUNDRY A laundry service must be provided for the washing and ironing of guests’ clothes, either on or off the premises.

11. RECEPTION FOR GUESTS (a) Provision must be made for the reception of guests in a reception area, conveniently situated and clearly indicated and fitted with a service counter. (b) A staff member must always be available on call outside normal reception hours of the accommodation establishment and an effective means of summoning attention must be available when the reception desk is not attended.

12. BAR FACILITIES (a) In an establishment with an on-consumption liquor licence where bar facilities are provided, the bar must - (i) be fitted with a suitable bar counter; and (ii) have adequate seating facilities for customers; and (iii) in or near the bar, a sink with a tiled or stainless steel splashboard and with hot and cold running water for the washing of glasses. (b) Subject to the terms of an appropriate liquor licence, alcoholic and other beverages may be provided in a mini bar located in the bedroom. 78 Government Gazette 14 July 2004 No.3235

13. GENERAL 13.1 Tariffs for accommodation and services (a) The tariffs for accommodation and customer services must be displayed in a prominent place at the reception desk or be available in writing. (b) Guests must be notified if the tariff has changed since an advance booking has been made. (c) It should be made clear what is included in the tariff quoted for accommodation, e.g. meals, service charge, and refreshments. (d) A guest service directory must be provided in each bedroom. 13.2 Conduct of business An accommodation establishment must be open for business every day of the year, unless it is closed for refurbishment or it offers only seasonal accommodation. Such information must be made clear in brochures and other promotional material. 13.3 Maintenance and service (a) The structure, equipment, plumbing, drainage, sewerage disposal, lighting, ventilation, electrical installation of every permanent building of the accommodation establishment must be kept in good state of repair at all times. (b) The premises must be kept in a clean and hygienic condition and free of fire, health and safety hazards at all times. (c) All rooms must be properly ventilated. 13.4 Equipment provided All furniture and equipment, kitchen utensils, cutlery, crockery, glassware, bedding, linen, curtains, carpets, mats and other floor covering must be clean and kept in good order and no chipped or cracked crockery or glassware may be used. 13.5 Access, safety and security (a) Clients must have access to a telephone or two-way radio on the premises, where telecommunication network is available. (b) Security facilities for the safekeeping of guests’ valuables must be provided either in the guest rooms or at a central place (c) Guests must have 24-hour access to their accommodation. If a member of staff is not available at all times, guests must be provided with keys or other locking device. (d) First aid kit must be kept on the premises and be available to guests at all times. (e) At least one member of the staff of an establishment must have knowledge of elementary first aid. (f) Guidelines and instructions reasonably required for advising guests in relation to any risks attached to any amenities or services provided at the establishment must be made available in each accommodation unit and also be conspicuously displayed at the reception area. No.3235 Government Gazette 14 July 2004 79 (g) An emergency response plan must be established and staff members of the establishment must from time to time receive training on how to act in accordance with such plan. ANNEXURE 9 REST CAMPS: MINIMUM REQUIREMENTS FOR REGISTRATION

1. ACCOMMODATION UNITS: 1.1 Structuring and layout (a) Accommodation must primarily be provided in accommodation units comprising rondavels, rooms, chalets or bungalows, and may include, in combination therewith, accommodation facilities in the form of camping sites or caravan pitches, or both. (b) The rest camp must be properly and attractively laid out. 1.2 Lighting Sufficient lighting must be provided in every accommodation unit. 1.3 Furniture and fittings Accommodation units must be provided with - (a) adequate beds for the number of persons occupying a unit; (b) at least a table, desk or dresser, two chairs or benches, a wardrobe with sufficient clothes hangers, a mirror and a wastepaper basket; and (c) lockable doors and keys. 1.4 Bedding and maintenance (a) If bedding is supplied in an accommodation unit, clean bedding must be provided - (i) upon every change of occupation of the unit; and (ii) at least weekly during occupation by the same guests. (b) If accommodation units are not cleaned daily, suitable equipment for that purpose must be provided.

2. BATHROOM AND TOILET FACILITIES (a) If every accommodation unit is not provided with its own ablution facilities, then communal facilities must be provided having available, in respect of every 4 accommodation units, including any camping sites or caravan pitches, at least - (i) one bathroom or shower cubicle, allowing for complete privacy when used; (ii) one washbasin with a mirror at least 45cm x 30cm, not situated within a bathroom or shower cubicle. 80 Government Gazette 14 July 2004 No.3235 (b) If every accommodation unit is not provided with its own toilet, at least one water, pit or chemical toilet must be provided for every 4 accommodation units. At least one washbasin must be provided within every toilet block. (c) The internal walls of all bathrooms and toilets must either be tiled or painted with washable paint if constructed of bricks or other equivalent material. (d) In the case of a rest camp situated within a conservancy or a communal land area the Chief Executive Officer may grant exemption from any of the requirements of paragraph (a), (b) or (c) or approve that alternative facilities be provided.

3. LAUNDRY (a) A laundry facility equipped with sufficient washing machines or washing tubs and ironing facilities and drying areas with clothes lines must be provided. (b) No washing must be permitted to be done or clothing hung out to dry in a place other than a place specially provided for that purpose.

4. WATER SUPPLY (a) All water that is likely to be used for human consumption must be fit for human consumption and the water supply system, including tanks, pipelines, wells, pumping equipment, purification works, mains and service pipes must be free from sanitary defects. (b) If every accommodation unit is not connected to a mains water supply or alternative water supply, at least one standpipe and tap must be provided in a convenient position for every two accommodation units. A grease trap set in a dished and properly rendered surround and connected to an approved drainage system must be provided under every standpipe tap. (c) If water that is not fit for human consumption is used in a rest camp - (i) adequate precautions must be taken to prevent that water from being mixed with water that is likely to be used for human consumption; (ii) every tap must have an appropriate warning sign if its water is not fit for human consumption; and (iii) the design and layout of the water installations for the supply of water that is not fit for human consumption must be such as to minimise the danger that such water will be used for human consumption. (d) In the case of a rest camp situated within a conservancy or a communal land area the Chief Executive Officer may grant an exemption from any of the requirements of paragraphs (b) or (c) or grant approval that alternative be provided or used, but only potable water must be supplied, either free of charge or against a charge, if required for human consumption.

5. COOKING FACILITIES (a) If accommodation units include own cooking facilities, such facilities must be provided in a kitchen or dining area physically separate from any sleeping area. (b) Every accommodation unit without an own kitchen must be provided with at least one fireplace. (c) In respect of accommodation units, including any camping sites or caravan pitches, which do not have their own facilities, there must be provided for No.3235 Government Gazette 14 July 2004 81 every 10 units at a central place at least - (i) one scullery, with a stove; and (ii) one garbage-bin with cover. (d) All refuse bins must have close fitting covers secured at all times and be kept in good repair and be emptied and cleaned daily when in use. (e) Each camping site or caravan pitch must be provided with a fireplace if no scullery is provided.

6. GENERAL 6.1 Reception for guests (a) If provision is made for the reception of guests, a reception area which is conveniently situated and clearly indicated should be provided as well as a means of summoning attention when the reception desk is not attended. (b) A member of the staff must always be on call outside normal reception hours of the establishment. 6.2 Access, safety and security (a) A fence as approved by the Chief Executive Officer must be erected around the camp. The Chief Executive Officer may grant exemption from this requirement in respect of a rest camp situated within a conservancy or a communal land area or any rural area. (b) A road that provides easy entrance to or exit from the camp must be provided as well as roads providing access to all sites where accommodation units are located. All roads must have a surface allowing for driving in all weather conditions. (c) Direction signs to the camp must be placed at suitable points visible to motorists. (d) First aid kit must be kept available at a readily accessible place. (e) At least one staff member of the establishment must have knowledge of elementary first aid. (f) Guidelines and instructions reasonably required for advising guests in relation to risks attached to any amenities or services provided in a rest camp must be made available in each accommodation unit and also be conspicuously displayed at the reception area. 6.3 Fire safety measures (a) A sufficient number of appropriate fire-fighting equipment and appliances must be provided. (b) Fire-fighting equipment must be provided in readily accessible positions on the premises of the rest camp in such way that at least one appliance is provided in respect of every two accommodation units and not more than 25 metres away from either of them. 6.4 Staff (a) A person must be appointed to be in attendance during every period when the rest camp is in operation. 82 Government Gazette 14 July 2004 No.3235 (b) A staff member of the establishment must at all times during normal business hours be available to attend to the reception office during every period when the camp is in operation, and means must be provided at the reception office to summon attention if a staff member is not physically in attendance. (c) All staff members must be properly attired and clean.

7. DINING ROOM/RESTAURANT AND BAR FACILITIES In the case of a rest camp where a dining room, restaurant or lapa is available for providing meals to guests or where bar facilities are provided in accordance with an on-consumption liquor licence held in respect of the rest camp, the following requirements must be complied with: . 7.1 Structuring and flooring The dining room, restaurant or lapa must have - (a) a floor of impervious material or concrete; (b) adequate lighting and ventilation in good order and efficient action; and (c) adequate seating and dining facilities. 7.2 Food and beverage service (a) Menu must be provided for the service of food at each meal. (b) Alcoholic beverage may only be supplied and served in accordance with an appropriate liquor licence and guests must be informed accordingly prior to booking. 7.3 Bar facilities Every bar must - (a) be fitted with a suitable bar counter; (b) have adequate seating facilities for customers; and (c) in or near the bar, a sink with a tiled or stainless steel splashboard and with hot and cold running water for the washing of glasses; and (d) have at least one toilet for each of the sexes.

8. KITCHENS and WASH-UPS 8.1 Structuring (a) Floors must be of impervious material or concrete. (b) All walls must be tiled to a height of at least 135cm from the floor, and walls above tiles must be coated with washable paint. (c) Adequate cold rooms or refrigerators must be provided. (d) There must be no direct access to a toilet from the kitchen. 8.2 Ventilation and hygiene (a) Adequate provision must be made for ventilation and the efficient removal of hot air and odours by means of extractor fans or other similar devices. No.3235 Government Gazette 14 July 2004 83 (b) Must be kept free from insects and rodents. 8.3 Fixtures and fittings (a) All shelves must be of impervious material. (b) At least one sink or other washbowl with hot and cold running water must be provided for the washing of dishes. (c) Separate facilities with hot and cold running water, and soap and clean towels, must be provided in or near the kitchen for employees for the washing of hands.

9. PANTRIES AND FOOD STORAGE AREAS (a) A suitable pantry or larder with sufficient capacity for the storage of food must be provided, of which the floor, walls and shelves must be of impervious material or concrete; (b) Every pantry or larder must at all times be maintained in a clean and wholesome condition, free from flies, rodents, vermin and dust and protected from the admission of unwholesome vapours or gases.

10. REQUIREMENTS IN RESPECT OF CAMPING SITES AND CARAVAN PITCHES PROVIDED IN A REST CAMP If, in combination with the facilities of a rest camp, accommodation facilities are also provided in the form of camping sites and caravan pitches, the minimum requirements prescribed in Annexure 5 with reference to camping and caravan parks must be complied with in respect of the camping sites and caravan pitches provided in the rest camp. ANNEXURE 10 SELF-CATERING ESTABLISHMENTS: MINIMUM REQUIREMENTS FOR REGISTRATION

1. ACCOMMODATION UNITS 1.1 Structure, size and floor covering (a) Minimum floor area of bedrooms, inclusive of vestibule and built–in furniture, if any: Single room: 10m2; Double room: 15m2. (b) If not carpeted wall to wall, the floor must be tiled or covered with other impervious material and be provided with one floor mat, tanned skin or similar floor covering must be provided, equivalent in size to 1m2 for each bed or one floor mat at least 2.4m2 to serve all beds. (c) Every entrance of an accommodation unit must be secured by a door with a suitable lock and key or other equivalent locking mechanism and, if an accommodation unit is located in a building complex, a key or other means of entry to the main door of the building complex must be provided. 1.2 Lighting, heating and ventilation (a) All bedrooms must have windows totalling not less than 1m2 providing natural light and be furnished with curtains, shutters or blinds for privacy 84 Government Gazette 14 July 2004 No.3235 and exclusion of light. If the windows cannot be opened, a ventilation system must be provided for. (b) In establishments with electricity supply, the following must be provided: (i) adequate electric lighting by means of electric bulbs of sufficient wattage to allow for reading; (ii) a reading lamp for each bed with its switch in immediate vicinity of bed; (iii) at least one electric power plug in each bedroom; (c) In establishments with no electricity supply, adequate lighting must be provided by means of gaslight, paraffin lamps, candles or other similar amenities. 1.3 Furniture and fixtures The following must be provided in respect of each bedroom: (a) a mirror at least 90cm long and 37cm wide; (b) a table, desk or dresser or any combination of those articles of furniture with a mirror of the minimum size mentioned in paragraph (a), in each bedroom or a room adjacent to and forming part of the bedroom; (c) a wastepaper basket; (d) in each bedroom or a room adjacent to and forming part of the bedroom, a wardrobe or any other suitable facilities for the storage of guests’ clothes; (e) adequate beds for the number of persons occupying the room, but in respect of children other suitable beds may be provided; (f) the entrance of each bedroom is secured by a door with a suitable lock and key or other equivalent locking mechanism. 1.4 Linen, bedding and service (a) Bed-linen, blankets, pillows and towels must be provided in sufficient quantities and be kept in good repair at all times; (b) Bed-linen and towels must be washed and changed with clean ones at least once weekly and in accordance with guests’ requests. 1.5 Accessories and in-room amenities In every bedroom the following must be provided - (a) an ashtray, if smoking in room is permitted; (b) a minimum of 6 clothes-hangers, not being wire-hangers.

2. BATHROOMS AND TOILETS 2.1 Structuring and flooring (a) Floors must be of impervious material or concrete. (b) All walls of bathrooms and toilets must be complete from the floor to the ceiling and the internal walls must be tiled to a height of at least 135cm from the floor, and walls above tiles must be coated in washable paint. No.3235 Government Gazette 14 July 2004 85 (c) If communal bathrooms and toilet facilities are provided, the following must be available: (i) at least one shower or bath with hot and cold running water in each bathroom, and if it is desired to provide baths in addition to showers, they may be installed in a common bathroom; (ii) at least one bathroom or shower and one toilet for every 3 bedrooms, other than en suite bedrooms, on each floor. (d) Every en suite bedroom must be provided with at least a shower and toilet or a bath and toilet. (e) Every bathroom and toilet, be it private or public, must be fitted with a door which can be locked from the inside. (f) Adequate ventilation by means of windows, extractor fan or other acceptable means of ventilation in good order and effective action must be provided in every bathroom and toilet. (g) All bathrooms must have sufficient space to allow freedom of movement for access to all fittings. (h) Drainage from bathrooms and toilets must be disposed of by means of water- borne sewerage. 2.2 Fixtures and fittings (a) A mirror of at least 45cm x 30 cm must be provided in each bathroom. (b) The internal walls of bathrooms and toilets must either be tiled to a height of at least 135cm from the floor or be coated with washable paint. (c) Bath-tubs, other than free-standing baths, must be built in with bricks or impervious material and tiled on the outside. (d) All bathrooms must have a washbasin with hot and cold running water. (e) Towel rails, hooks or rings must be provided in each bathroom. (f) Adequate clothes hooks must be provided in each bathroom and toilet. (g) A washable bath mat or a wooden bath step must be provided beside the bath in each bathroom. (h) Every toilet bowl must be provided with a lid. 2.3 Accessories and service (a) Every toilet, whether private, public or communal, must be provided with - (i) a toilet paper holder and supply of toilet paper; (ii) a waste or sanitary bin with a lid; (iii) a soap dish or holder; and (iv) soap. (b) Bathrooms and toilets must be cleaned daily. 86 Government Gazette 14 July 2004 No.3235

3. DINING ROOM AND LOUNGE (a) The floors must be of impervious material or concrete; (b) At least a table and chairs or other suitable seating must be provided.

4. KITCHENS AND WASH-UPS 4.1 Structuring and flooring (a) Floors must be of impervious material or concrete. (b) All walls must either be tiled to a height of at least 135cm from the floor or be coated with washable paint. (c) Adequate cold rooms or refrigerators must be provided. (d) There must be no direct access to a toilet from the kitchen. 4.2 Furniture and fixtures (a) A self-catering kitchen must be provided with a stove or hot plate or microwave, a refrigerator, kettle, a table and an adequate number of chairs for the number of guests to be accommodated. (b) Adequate cooking utensils, crockery and cutlery for the number of guests to be accommodated should be provided, and if at an establishment those facilities are not provided, guest must be informed accordingly when bookings are made and in any brochures or other promotional material published in relation to the establishment. (c) All shelves must be of impervious material. (d) The top of each worktable must be a single and solid piece of stainless steel, marble or granite or other equivalent impervious material. (e) At least one sink, or a dish-washing machine and a sink, with hot and cold running water must be provided for the washing of dishes, crockery and cutlery. (f) Every kitchen must be kept free from insects and rodents.

5. FIRE SAFETY Adequate provision must be made for fire-fighting appliances and fire escapes, which must be prominently and clearly indicated at all times.

6. LAUNDRY Adequate facilities should be provided for the use of guests for the washing, drying and ironing of clothes on or off the premises.

7. GENERAL 7.1 Tariffs for accommodation and services (a) The tariffs for accommodation and customer services must be displayed in a prominent place at the reception desk or be available in writing. (b) Guests must be notified if the tariff has changed since an advance booking has been made. No.3235 Government Gazette 14 July 2004 87 (c) It should be made clear what is included in the tariff quoted for accommodation, e.g. meals, service charge, and refreshments. 7.2 Maintenance and service (a) The structure, equipment, plumbing, drainage, sewerage disposal, lighting, ventilation, electrical installation of every permanent building and all fences on the premises must be kept in good state of repair at all times. (b) The premises of accommodation units, including any building complex in which they are located, must be kept in a clean and hygienic condition and free of fire, health and safety hazards at all times. (c) All rooms must be properly ventilated. (d) Accommodation units must be cleaned at least weekly while they are occupied. Cleaning material and equipment must be provided for use by guests at any time. (e) Each accommodation unit must be provided with at least one refuse bin which must be emptied and cleaned daily during the period that the unit is occupied. 7.3 Equipment provided All furniture and equipment, kitchen utensils, cutlery, crockery, glassware, bedding, linen, curtains, carpets, mats and other floor covering must be clean and kept in good order and no chipped or cracked crockery or glassware may be used.

8. Access, safety and security (a) Security facilities for the safekeeping of guests’ valuables must be provided either in the guest rooms or at a central place. (b) Guests must have 24-hour access to their accommodation. If a member of staff is not available at all times, guests must be provided with keys or other locking device. (c) First aid kit must be kept on the premises and be available to guests at all times. (d) Guidelines and instructions reasonably required for advising guests in relation to risks attached to any amenities or services provided in a self- catering apartment must be made available in each unit. ANNEXURE 11 PERMANENT TENTED CAMPS AND TENTED LODGES: MINIMUM REQUIREMENTS FOR REGISTRATION

1. ACCOMMODATION UNITS: 1.1 Structuring and layout (a) Accommodation may be provided in accommodation units comprising tents or other structures made of canvas or similar material, and may include, in combination therewith accommodation facilities in the form of camping sites or caravan pitches, or both. (b) Accommodation units must have concrete or wooden floors. 88 Government Gazette 14 July 2004 No.3235 (c) Accommodation units must have sufficient space to allow freedom of movement for guests and access to all furniture. (d) A permanent tented camp or tented lodge must be properly and attractively laid out and landscaped. 1.2 Lighting Sufficient lighting must be provided in every accommodation unit. 1.3 Furniture and fittings (a) Adequate beds or camping beds with foam-rubber or equivalent mattresses must be provided in each accommodation unit. (b) Every accommodation unit must be provided with at least a table, chair or bench, adequate clothes storage space with clothes hangers, a mirror and sufficient lighting. 1.4 Bedding and maintenance (a) If bedding is supplied in an accommodation unit, clean bedding must be provided - (i) upon every change of occupation of the unit; and (ii) at least weekly during occupation by the same guests. (b) If accommodation units are not cleaned daily, suitable equipment for that purpose must be provided.

2. BATHROOM AND TOILET FACILITIES (a) If every accommodation unit is not provided with its own ablution facilities, then communal facilities must be provided having available, in respect of every 4 accommodation units, including any campsites or caravan pitches, at least - (i) one bathroom or shower cubicle, allowing for complete privacy when used; (ii) one washbasin with a mirror, not situated within a bathroom or shower cubicle. (b) If every accommodation unit is not provided with its own toilet, at least one water, pit or chemical toilet must be provided for every 4 accommodation units. At least one washbasin must be provided within every toilet block. (c) The internal walls of all bathrooms and toilets must either be tiled or painted with washable paint if constructed of bricks or other equivalent material.

3. LAUNDRY (a) A laundry facility equipped with sufficient washing machines or washing tubs and ironing facilities and drying areas with clothes lines must be provided. (b) No washing must be permitted to be done or clothing hung out to dry in a place other than a place specially provided for that purpose. No.3235 Government Gazette 14 July 2004 89

4. WATER SUPPLY (a) All water that is likely to be used for human consumption must be fit for human consumption and the water supply system, including tanks, pipelines, wells, pumping equipment, purification works, mains and service pipes must be free from sanitary defects. (b) If every accommodation unit is not connected to a mains water supply or alternative water supply, at least one standpipe and tap must be provided in a convenient position for every two accommodation units. A grease trap set in a dished and properly rendered surround and connected to an approved drainage system must be provided under every standpipe tap. (c) If water that is not fit for human consumption is used in a permanent tented camp or tented lodge - (i) adequate precautions must be taken to prevent that water from being mixed with water that is likely to be used for human consumption; (ii) every tap must have an appropriate warning sign advising if its water is not fit for human consumption; and (iii) the design and layout of the water installations for the supply of water that is not fit for human consumption must be such as to minimise the danger that such water will be used for human consumption. (d) In the case of a permanent tented camp or tented lodge situated within a conservancy or a communal land area the Chief Executive Officer may grant an exemption from any of the requirements of paragraphs (b) or (c) or grant approval that alternative be provided or used, but only potable water must be supplied, either free of charge or against a charge, if required for human consumption.

5. DINING ROOM/RESTAURANT/LAPA 5.1 Structuring and flooring The dining room, restaurant or lapa must have - (a) a floor of impervious material or concrete; (b) adequate lighting and ventilation in good order and efficient action; and (c) adequate seating and dining facilities. 5.2 Food and beverage service (a) Full meals service must be provided. (b) Menu must be provided for the service of food at each meal. (c) Alcoholic beverage may only be supplied and served in accordance with an appropriate liquor licence and guests must be informed accordingly prior to booking.

6. KITCHENS and WASH-UPS 6.1 Structuring (a) Floors must be of impervious material or concrete. 90 Government Gazette 14 July 2004 No.3235 (b) All walls must be tiled to a height of at least 135cm from the floor, and walls above tiles must be coated with washable paint. (c) Adequate cold rooms or refrigerators must be provided. (d) There must be no direct access to a toilet from the kitchen. 6.2 Ventilation and hygiene (a) Adequate provision must be made for ventilation and the efficient removal of hot air and odours by means of extractor fans or other similar devices. (b) Must be kept free from insects and rodents. 6.3 Fixtures and fittings (a) All shelves must be of impervious material. (b) At least one sink or other washbowl with hot and cold running water must be provided for the washing of dishes. (c) Separate facilities with hot and cold running water, and soap and clean towels, must be provided in or near the kitchen for employees for the washing of hands.

7. PANTRIES AND FOOD STORAGE AREAS (a) A suitable pantry or larder with sufficient capacity for the storage of food must be provided, of which the floor, walls and shelves must be of impervious material or concrete; (b) Every pantry or larder must at all times be maintained in a clean and wholesome condition, free from flies, rodents, vermin and dust and protected from the admission of unwholesome vapours or gasses.

8. COOKING FACILITIES 8.1 Self-catering service provision (a) If accommodation units include own cooking facilities, such facilities must be provided in a kitchen or dining area physically separate from any sleeping area. (b) In respect of accommodation units, including any camping sites or caravan pitches, without an own cooking facilities there must be provided - (i) for every unit at least one fireplace; or (ii) for every 6 units a roofed field kitchen or a scullery with - (aa) a stove; and (bb) one garbage-bin with cover. (c) All refuse bins must have close fitting covers secured at all times and be kept in good state of repair and be emptied and cleaned daily when in use. No.3235 Government Gazette 14 July 2004 91

9. GENERAL 9.1 Reception for guests (a) If provision is made for the reception of guests, a reception area which is conveniently situated and clearly indicated should be provided as well as a means of summoning attention when the reception desk is not attended. (b) A member of the staff must always be on call outside normal reception hours of the establishment. 9.2 Access, safety and security (a) A permanent tented camp or a tented lodge must be properly fenced off. The Chief Executive Officer may grant exemption from this requirement in respect of a permanent tented camp or tented lodge situated within a conservancy or a communal land area or any rural area. (b) A road that provides easy entrance to or exit from the camp or tented lodge must be provided as well as roads providing access to all sites where accommodation units are located. All roads must have a surface allowing for driving in all weather conditions. (c) Direction signs to the permanent tented camp or tented lodge must be placed at suitable points visible to motorists. (d) First aid kit must be kept available at a readily accessible place. (e) At least one staff member of the establishment must have knowledge of elementary first aid. (f) Guidelines and instructions reasonably required for advising guests in relation to risks attached to any amenities or services provided in a permanent tented camp or tented lodge must be made available in each accommodation unit and also be conspicuously displayed at the reception area. 9.3 Fire safety measures (a) A sufficient number of appropriate fire-fighting equipment and appliances must be provided. (b) Fire-fighting equipment must be provided in readily accessible positions on the premises of a permanent tented camp or tented lodge in such way that at least one appliance is provided in respect of every two accommodation units and not more than 25 metres away from either of them. 9.4 Staff (a) A person must be appointed to be in attendance during every period when the permanent tented camp or tented lodge is in operation. (b) A staff member of the establishment must at all times during normal business hours be available to attend to the reception office during every period when the camp or lodge is in operation, and means must be provided at the reception office to summon attention if a staff member is not physically in attendance. 92 Government Gazette 14 July 2004 No.3235

10. REQUIREMENTS IN RESPECT OF CAMPING SITES AND CARAVAN PITCHES PROVIDED IN A PERMANENT TENTED CAMP If, in combination with the facilities of a permanent tented camp, accommodation facilities are also provided in the form of camping sites and caravan pitches, the minimum requirements prescribed in Annexure 5 with reference to camping and caravan parks must be complied with in respect of the camping sites and caravan pitches provided in the permanent tented camp. ________________