Fauna Conservation (Mannyelanong Game Reserve) Regulations, 1985 (Chapter 38:01)

Copyright Government of Botswana (Official Stamp of the Department) ........................................................ Signature of Authorized Officer This form is to be completed in triplicate. The original to be handed to the owner of the ivory. One copy to be retained in the office at which the ivory is produced. One copy to be submitted to the Chief Game Warden, Department of Wildlife and National Parks, Gaborone. FAUNA CONSERVATION (MANNYELANONG GAME RESERVE) REGULATIONS (under section 92) (1st January, 1986) ARRANGEMENT OF REGULATIONS PART I Preliminary REGULATION 1. Citation 2. Interpretation 3. Designation of classes or descriptions of non-citizen residents PART II Open Season and Access to Game Reserve 4. Open season in Game Reserve 5. Entry to, exit from and presence within Game Reserve to be restricted 6. Fees PART III Conduct within Game Reserve 7. Conduct within Game Reserve PART IV Miscellaneous 8. Powers of authorized officers 9. Appeals 10. Provisions in relation to offences Schedule - Fees for Authorized Officer's Entry Permit S.I. 90, 1985. PART I Preliminary (regs 1-3) 1. Citation These Regulations may be cited as the Fauna Conservation (Mannyelanong Game Copyright Government of Botswana Reserve) Regulations. 2. Interpretation In these Regulations "ammunition" and "arms" have the meanings assigned to those expressions by the Arms and Ammunition Act; "authorized officer" means any person for the time being holding, acting in or lawfully performing the functions of the public office of Director, Assistant Director, Regional Game Warden, Senior Game Warden, Game Warden, Game Officer, Senior Game Scout, Game Scout or Game Guard or any person designated in writing by the Director or Assistant Director as an authorized officer for the purposes of these Regulations; "designated resident" means any person belonging to any class or description of non-citizen residents of Botswana for the time being designated by the Minister under regulation 3; "Director" and "Assistant Director" mean the Director of Wildlife and National Parks and the Assistant Director of Wildlife and National Parks respectively; "Game Reserve" means the Mannyelanong Game Reserve referred to in the First Schedule to the Act; "night" means the period between half past six o'clock in the evening and half past six o'clock in the morning. 3. Designation of classes or descriptions of non-citizen residents The Minister may, by order published in the Gazette, designate for the purposes of these Regulations any class or description of non-citizen residents of Botswana. PART II Open Season and Access to Game Reserve (regs 4-6) 4. Open season in Game Reserve The Game Reserve shall be open throughout the year. 5. Entry to, exit from and presence within Game Reserve to be restricted (1) Subject to subregulation (2), no person, other than an authorized officer, shall (a) enter or be within the Game Reserve unless he holds a written permit issued by an authorized officer permitting him to enter and be within the Game Reserve; or (b) enter the Game Reserve except through a point of entry designated as such by a notice-board of the Department or leave the Game Reserve except through a point of exit similarly so designated. (2) Subregulation (1) shall not apply in the case of a citizen of Botswana or designated resident whose purpose is, within that part of the Game Reserve outside the fenced off area, grazing livestock, collecting dead firewood or collecting wild fruits or other plant parts for Copyright Government of Botswana human consumption or the preparation of traditional medicine. (3) No person, other than an authorized officer, shall enter or be within that part of the Game Reserve inside the fenced off areas unless he holds, in addition to a permit such as is referred to in subregulation (1)(a), a written permit issued by the Director permitting him to enter and be within that part of the Game Reserve. (4) In issuing a permit in terms of this regulation, an authorized officer or the Director, as the case may be, may attach thereto such conditions as he thinks fit and, where conditions are so attached, they shall be clearly set forth in the permit and the holder thereof shall at all times comply with those conditions. (5) Any person who contravenes any provision of this regulation shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both. 6. Fees (1) No authorized officer's permit such as is referred to in regulation 5(1)(a) shall be issued unless the appropriate fee therefor set forth in the Schedule has been paid to an authorized officer: Provided that (i) where the permit is to be issued to the holder of a Director's permit such as is referred to in regulation 5(3), the permit shall be issued free of charge; and (ii) the Director may authorize the issue of a permit free of charge to a group of students or other persons engaged in a field education trip or scientific expedition or to a public officer in the performance of his duty as such. (2) Every Director's permit such as is referred to in regulation 5(3) shall be issued free of charge. PART III Conduct within Game Reserve (reg 7) 7. Conduct within Game Reserve (1) No person shall (a) remove from the Game Reserve or within the Game Reserve destroy, harm or damage any flora, avifauna or fauna or in any way disturb, molest or interfere with any living thing within the Game Reserve, except with the written permission of the Director: Provided that this paragraph shall not prohibit any such act by a citizen of Botswana or designated resident, within that part of the Game Reserve outside the fenced off area, which is directly incidental to his grazing livestock, collecting dead firewood or collecting wild fruits or other plant parts for human consumption or the preparation of traditional medicine; (b) leave within the Game Reserve refuse of any kind unburied; Copyright Government of Botswana (c) light a fire within the Game Reserve, except with the written permission of an authorized officer; (d) cause any damage to any object of geological, ethnological, historical, archaeological or other scientific interest within the Game Reserve; (e) remove from the Game Reserve any object such as is referred to in paragraph (d), except with the written permission of an authorized officer; (f) introduce any wild or domestic animal into the Game Reserve or permit any domestic animal to stray into the Game Reserve or introduce, otherwise than lawfully, vegetation into the Game Reserve, except with the written permission of an authorized officer: Provided that this paragraph shall not prohibit the introduction by a citizen of Botswana or designated resident, into that part of the Game Reserve outside the fenced off area, of livestock for the purpose of grazing; (g) destroy, harm, damage or deface any object, whether animate or inanimate, within the Game Reserve; (h) remain in the Game Reserve at night, except with the written permission of an authorized officer; or (i) convey into the Game Reserve or be in possession within the Game Reserve of any ammunition, arm, explosive, bow, arrow or spear or any form of trap, snare or poison or any other weapon or thing capable of being used to kill or capture any animal. (2) Any person who contravenes any provision of this regulation shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both. PART IV Miscellaneous (regs 8-10) 8. Powers of authorized officers (1) Where an authorized officer is of the opinion that any person (a) has contravened or attempted to contravene within the Game Reserve any provision of these Regulations or any other written law; or (b) has behaved or is behaving within the Game Reserve in such a manner as to create or cause a nuisance or has acted or is acting in any way detrimental to the Game Reserve, the authorized officer may give that person such direction, including a direction immediately to leave the Game Reserve, as he thinks reasonable in the interests of the proper ordering of the Game Reserve. (2) Every person to whom a direction has been given by an authorized officer under subregulation (1) shall comply therewith and any person who contravenes this subregulation shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a Copyright Government of Botswana term not exceeding six months, or to both. (3) Any person to whom a direction has been given by an authorized officer under subregulation (1) to leave the Game Reserve shall not be entitled to any refund of fees paid in terms of these Regulations. (4) An authorized officer may refuse to issue a permit to enter and be within the Game Reserve to any person or group of persons who he has reason to believe will not comply or has not complied with these Regulations or for any other fit and proper reason in the interests of the effective running of the Game Reserve. 9. Appeals (1) Any person who is aggrieved by the refusal of an authorized officer to issue him with a permit to enter and be within the Game Reserve or by a direction given him by an authorized officer under regulation 8(1) to leave the Game Reserve may appeal therefrom to the Director. (2) In order to institute an appeal under subregulation (1), the appellant shall, within 14 days immediately following the day of the refusal or direction in question, lodge with the Director a written notice of appeal, dated and signed by the appellant, setting out the grounds thereof. (3) Before determining an appeal under subregulation (1), the Director may give both the appellant and the authorized officer in question a reasonable opportunity to make written and oral submissions to him. (4) After giving due consideration to any submissions made to him in terms of subregulation (3), the Director shall either confirm the refusal or direction in question or reverse the same and his decision shall be final. 10. Provisions in relation to offences (1) In the case of a second or subsequent offence under these Regulations, the offender shall in every case be sentenced to a minimum fine of P300, with or without imprisonment. (2) Where a person is convicted of an offence under these Regulations, the court may order that any vehicle, aircraft or animal or any ammunition, arm, explosive, bow, arrow or spear or any trap, snare or poison or any other weapon or thing used in connection with the commission of the offence be forfeited to the State: Provided that if the Minister is satisfied that any such thing is not the property of the convicted person, he may, if he considers it expedient to do so, order the return thereof to the owner, under whatever conditions of return he may wish to impose. (3) Anything forfeited to the State under this regulation shall be disposed of as the Minister may direct. SCHEDULE FEES FOR AUTHORIZED OFFICER'S ENTRY PERMIT (reg. 6(1)) Citi R id t N R id t Copyright Government of Botswana Citizen Resident Non-Resident Persons of 16 years and over P1 per day P5 per day P10 per day Children under 16 and over four years 25t per day P1 per day P2 per day Children of four years and under Free Free Free