Range Management and Grazing Control (Amendment) Regulations, 1986 (No. 144 of 1986)

Citation Amend mentof Regul ation 2 of L.N 3g of 1980 LEGAL NOTICE NO. 144 OF 1986 Range Management and Graz ing Control (Amendment) Regulations, 1986 In exercise of the powers conferred upon me by Section 4 (1) of the Land Husbandry Act, 1969, I, Evaristus Rets 'elisitsoe Sekhonyana Minister of Agriculture and Marketing mak e the following re gulations: 1. These regulations may be cited as the Range Manage ment and Grazing Control (Amendment) Regulations, 1986 and shall come into operation on date of publication. 2. Regulation 2 of the principal regulations is amen ded by, (a) adding thereto the following definitions "administration" means the management of public affairs e.g. setting aside leboella and the removal of trespass livestock from th em, issuing of grazing permits and holding pitsos, etc. "carrying capacity" means the maximum stocking rate possible without damage to vegetation or related resources; "grazing season" means an established period of time for which permits are issued . "mafisa" mea ns the long term loan of animals by one person (owne r) to anothe r (holder) . Loan should be for not less than one yea r. "range" means land on which native vegetation (climax or natural pote ntial) is predominantly grasses, grass-like plants, forbs or shrubs suitable for graz ing or browsing use. Includes lands reve getated naturally or artificially to provide a fora ge cover that is managed like native vegetation. "recognisable mark" mea ns the following marks used for identification:- water-proof paint on the fore head, colour, brand on the left hip , or tattooing the letter "X" on both ears; "supervision" means the overse eing or inspection of work (e.g. overseeing dipping and dosing opera tions and inspecting for cull animals) and the es tab lishing of technical standards e.g. establishing of carrying capacities and setting of stocking rates. (b) by deleting the definition of the following "large stock, small stock and stocking ra te" and sub stituting thereto the following definitions "large stock" mean s cattl e, horses, mul es and donkeys; "small stock" means sheep and goats; "stocking rate" means the number of stock per unit of land that may be allowed to graze in a grazing area over a given per iod of time . 3. Regulation 6 of the principal regula tions is amend ed by, (1) deleting subregulation (3) and substituting thereto th e following, (3) (a) the owner or possessor of stock found graz ing in contravention of the leboella restriction shall be liable to a fine of M2.50 for each head of large stock and M1.00 for each head of small stock , and also shall pay pound fees at th e ra te of M1.00 per day or part there of for each head of large stock and MO.50 for each head of small stock per day or part thereof. For the second and subsequent offences within a graz ing season trespass fees shall be M10.00 for each head of large stock and M5.00 for each head of small stock. (2) deleting subregul ation (6) and substituting thereto the following, "(6) Any person who shall by threats of violence or other wise rescue or attempt to rescue, aga ins t the will of the person in charge thereof, any stock lawfully seized trespassing on leboella in terms of subregula tion (l) in order to be impounded, or shall so rescue or attempt to re scue any stock afte r it has been im pounded with the chief , shall be guilty of an offence and liabl e to a fin e of M500.00 or six months im pri sonment. (3) deleting in subregulation (7) the "30%" and substitut ing "70 % " therefor. 4. Regul ation 7 of the principal regulations is amended by deleting subregulation (3) and substituting therefor the follow ing " (3) a person coming from another village, ward or district grazing to graze in a particular cattle post ar ea or vil lage grazing ar ea shall fall under the complete autho rity of the Principal or Ward or Village Chief or his representative who has jurisdiction over the grazing area for as long as his livestock are in th e area. 5. Regulation 9 of th e principal re gulations is amended, (1) by deleting subregulation (2) and substituting therefor the followin g "(2) Determination of Stocking Rate: Amend ment of Itegulata on 6 of L.N. 39 of 1980 Am end ment ()if Regu'lalbion 7 or L.N . 39 of 1980 Amend ment of Regulation 9 of L.N. 39 of 1980 Amend ment of Regulation 9 of L.N. 39 of 1980 Amend ment of Regulation 10 of L.N . 39 of 1918 (a) an Agricultural Officer shall determine annually the stocking r ate based upon the carrying capacity of each section of the grazing area; (b) every Chief and Agricultural Officer . shall keep a written record of the stocking rate and carrying capa city of th e are a under his jurisdiction; (c) the chief after consultation with the Agricultural Of fi cer sha ll divide all grazing areas under his jurisdic tion in to sections for th e purpose of rotational grazing. (2 ) in subregulation (3) by, (a ) deleting paragraph (a) and substituting therefor the following "( a) a person shall not use a cattlepost or village grazing are a for graz ing stock without an official grazing permit ren ewabl e annually by the Principal, Ward or Village Chief as the case may be and such stock shall be distributed over the grazing section in proportion to the stocking rate of each section;" (b) deleting pa ragra ph (c) and sub stituting therefor the following " the grazing permit together with the "babeisi" shall be kept at all times by the person in charge of stock. A person grazing his ani ma ls without a permit as reo qu ired in (a) shall be guilty of an offence and liable to a fin e of M2.50 per head of large stock and M1.00 per head of small stock;" (c) deleting paragraph (d ) and substituting therefor the followin g "(d) if a person is keeping more stock in the grazing area than ente red on his grazing permit he shall be liable to pay a fin e of M2.50 per head of large stock and M1.00 per head of small stock and such excess stock shall be removed from the grazing area forthwith. 6. Regulation 9 of the principal regulations is amended by deleting paragraph (e ) and substitu ting therefor the following " (e) If a person gr azes stock in his possession in an area or at a time other than that stated on his grazing permit he shall be guilty of an offence and shall be liable to a fine of M2.50 per head of large stock and M1.00 per head of small stock and such stock shall be removed from such grazing area forthwith." 7. Regulation 10 of the principal regulation is amended (1) by deleting subregulation (l) and substituting the following "Regulation of 10 (1) The total number of stock in the coun stock numbers try shall be regulated to equal the total stocking rate based upon the carrying capacity of the country by grazing areas as determined according to Regulation 9 (2) (a) . At any tim e when th e total number of stock exceeds the carrying capacity of the gra zing areas mea sures shall be taken to cull und esirable stock until th e required number is attained; and such stock shall be distributed over the grazing sections in proportion to th e carrying capacity of each section." (2) in subregulation (2) by (a) deleting paragraph (a) and substit uting therefor the following "(a) marking of excess and und esirable stock to be culle d shall be performed by Agricultural Officer and in th e case of small stock shall take place in conjunction with some other activity such as shearing, dipping and dosing. The owne r of the stock to be culled or a per son acting on his behalf must be present at the time stock are marked;" (b) deleting paragraph (b) and substituting therefor the following "(b) the stock owned by each person shall be inspected by an Agri cultural Office r, who shall mark the undesir able and excess stock by a recogn isable mark or by tattooing th e lett er "X" followed by a numerical de signating year of culling on both ears with black In dian Ink;" 8. Regulation 11 of the principal regulations is amended, (1) in subregulation (1) by inserting the following words "at least" immediately after the word s "shall be dipp ed." (2) in subregulation (3), by inserting th e words "or vill age" immediately after the word s "Principal or Ward." 9. Regulation 12 of th e principal regulations is amended in subregulation (2) by inserting the following words "the next two years" immediately afte r the word s "dee med to be leboella". 10. Regul ation 13 of the principal regulations is amended in paragraph (b ) of subregulation (3) by inserting the follow ing words "by sowing to perennial forage by the land holder' immediately after the words " returned to grassland." Amend ment of Rpl!1 11 ~ti""n 11 ofL.N. ~9 of 1980 Amend menl of Rezu latfon 12 of L.N. 39 of 1980 Amend. men t of RC2u 1:\tion 1~ of L.N. 39 of 1980 Amend ment of Regulation 14 of L .N. 39 of 19BO Insertion of New Regulation afiter Regulation 14 of L .N . 39 of 1980 Am end ment of Schedule to L.N. :l9 of 1980 11. Regulation 14 of the principal regulations is amended (a) in subregulation (1) by deleting the words "be final" immediately after the words "decision shall" and sub stit uting therefor the following, "not be unduly disregarded. Any deviation from the advice, approval or decision of Agricultural Officer shall be fully justified in writing and a copy filed with Agricultural Officer." (b) in subregulation (2) by inserting the following words "with out adequate reason" (as required in Regulation 14 (1) ) , (c) in subregulation (4) by deleting subregulation (4) . 12. The principal regulations are amended by the inser tion after regulation 14 of the following New Regulation, "Offences 15. Any person who, (1) obstructs or (2) resists, the lawful excercise of any powers confer red by these regulations shall be guilty of an offence and liable to a fine of M500.00 or 6 months imprisonment." 13. The Schedule to the principal regulations is dele ted and replaced by the following schedule hereto attached: Evaristus Rcts'ell sitsoe Sekhonyana, Minister of Agriculture and Markethl[;. TSAMAISO EA llAKHULO Lengolo La TumellojGrazing Permit Setereke: .. Selemo : .. District Year Sebaka: Morena: . Ward Ward Chief Morena: Nomoro ea Babeisi Chief Babelsl No. Lebitso Ia Sehoai: Stock Owner's Name Motse: Village: I. Lenane la lIphoofolo Ise lumellelsoeng: Number of stock permitted: Llkhomo l Linku Lipoll Lip ere IU to nkl ILimmouloI Setempe: H •••• • • ••• • • •••• Stamp: Sebaka sa phullso: (Al . Approved Grazing Area: (A) Morena: . Chief: \ Likhomo l Llnku Li per e 1~~Onki Setempe: Stamp: Sebaka sa phullso: {B} . Approved Grazing Area: (B) )"Iorena: H •••• • • • ••• •••• H •••• •• • • ••••••• ••••••••••••• •••• Chief: 2. Lenane la lIphoofolo tse lIplioeng: Number of stock dipped . - . anaI Lip{}11 Lipotsanyane Oflsiri bs Goats Kids Officer .....J -- .... ...... ... ... .. .. ....- ....•... ....- .. .... ... . Likony Lam Linku SheepLetsatst IDate Livestock Improvement Centre .....H ••••H •••• ••• • Name of Diptank ..... Lenane motlpong 03 pele . First Dipping No. Lenane motipong 03 bobell ..... ..... Second Dipping No. Letsatsi Linku Likonyana Lipoli !Lipotsanyane tOfisir! Date She ep Lambs Goats Kids Officer .. ! I .. .... . . ....-.... .... . . ...- . .... .... .... .... .......... ..... ... ........ ..-.. .. .... -- . .- - . ....... Diptank/Home -. 3. Lenane la liphoofolo tse noesttsoeng Number of stock dosed 4. Lenane la llphoololo tse hlahlobiloeq Number of stocs inspected Letsatsl 'fie hIahlobii oeng 'fie h1oailoeng OfiBiri Date Number inspected Number culled • Office< Link u U poU- Link u Lipoli Sheep Goats Sheep Goats ...~...•..... ........ . . . ... ... "'- .. .. .. .. .. . . - ......... ...................... ... 5. Lenane la llphoofolo tse ballloeng Number of stock counted Letsatsl l Date Le nane la liphoofolo Seb aka sa phuliso Number of Livestock Gr azing Area (A) ,-- - ----------;---'- - - --;- Le nane la IIphoofolo I -..:N::-U::;ffi:.:ber of Livestock :~t:~t~" ISebaka sa phullso LelsatsiGrazing Area (B) Date Litonki Limmoulo Grazing Control Supervisor / Range Officer ",, ,, .,, "", """"""",,,,,, ,,,, ,,.,,,, ,,,,, Evaristus Rets' elisitsoe Sekhonyana, Minister of Agr iculture and Marketing.