Nature Conservation General Amendment Act, 1990 (No. 31 of 1990)

R 0.30 GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA WINDHOEK - 31 December 1990 CONTENTS Page GOVERNMENT NOTICE No. 100 Promulgation of Nature Conservation General Amendment Act, 1990 (Act 31 of 1990), of the National Assembly ..................................................... . Government Notice OFFICE OF THE PRIME MINISTER No. 100 1990 PROMULGATION OF ACT OF THE NATIONAL ASSEMBLY The following Act which has been passed by the National Assembly and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution. · No. 31 of 1990: Nature Conservation General Amendment Act, 1990. No. 133 2 Government Gazette 31 December 1990 No. 133 Act No. 31, 1990 NATURE CONSERVATION GENERAL Amendment of section 20 of Ordinance 4 of 1975, as amended by section 6 of Act 27 of 1986. AMENDMENT ACT, 1990 EXPLANATORY NOTE: Words underlined with solid line indicate insertions proposed. Words in bold type in square brackets indicate omissions proposed. ACT To amend the Nature Conservation Ordinance, 1975, and the Controlled Game Products Proclamation, 1980, so as to increase certain penalties which may be imposed under the said laws for contraventions there of; and to provide for incidental matters. (Signed by the President on 12 December 1990) BE IT EN ACTED by the National Assembly of the Republic of Namibia, as follows: 1. Section 20 of the Nature Conservation Ordinance, 1975, is hereby amended by the substitution for subsection (2) of the following subsection: "(2) Any person who contravenes or fails to comply with any provision of subsection (I) or any condition, requirement or restriction of any permission granted thereunder, shall be guilty of an offence and liable on con viction a to a fine not exceedin R200 000 or to im ri sonment for a period not exceeding twenty years or to both such fine and such imprisonment if such offence relates to the hunting of any ele phant or rhinoceros; or [(a)] {!?} to a fine not exceeding [R6 000] R20 000 or to imprisonment for a period not exceeding [six] five years or to both such fine and such impri SOl1Illent if such offence relates to the hunting of any other specially protected game; or No. 133 Act No. 31, 1990 Amendment of section 26 of Ordinance 4 of 1975, as amended by section 8 of Act 27 of 1986. Substitution of Schedule 3 to Ordinance 4 of 1975, as amended by Government Notice 115 of 1978 and Government Notice 75 of 1987. Government Gazette 31 December 1990 NATURE CONSERVATION GENERAL AMENDMENT ACT, 1990 3 [(b)] (c) to a fine not exceeding [R4 000] Rl6 000 or to imprisonment for a period not exceeding four years or to both such fine and such imprisonment if such offence relates to the hunting of any other animal.". 2. Section 26 of the Nature Conservation Ordinance, 1975, is hereby amended by the substitution for subsection (3) of the following subsection: "(3) Any person who contravenes or fails to comply with any provision of subsection (I) or any condition, requirement or restriction of a permit granted in terms of this section, shall be guilty of an offence and liable on conviction a to a fine not exceedin R200 000 or to im ri sonment for a period not exceeding twenty years or to both such fine and such imprisonment if such offence relates to the hunting of any ele phant or rhinoceros; or lli to a fine not exceeding [R6 000] R20 000 or to imprisonment for a period not exceeding [six] five years or to both such fine and such impri ~ment if such offence relates to the hunting of any other specially protected game.". 3. The following Schedule is hereby substituted for Schedule 3 to the Nature Conservation Ordinance, 1975: "SCHEDULE 3. SPECIALLY PROTECTED GAME Mountain Zebra (Equus zebra hartmannae) Giraffe (Giraffa camelopardalis) Klipspringer (Oreotragus oreotragus) Elephant (Loxodonta africana) Rhinoceros: (Diceros bicornis) (Ceratotherium simum) Impala (Aepyceros melampus) Hippopotamus (Hippopotamus amphibius) Black-faced Impala (Aepyceros petersi) Sebra (Eguus burchelli species)". 4 Government Gazette 31 December 1990 No. 133 Act No. 31, 1990 NATURE CONSERVATION GENERAL Amendment of section I of Proclamation AG. 42 of 1980. Amendment of section 2 of Proclamation AG. 42 of 1980. Substitution of certain expressions in Proclama tion AG. 42 of 1980. Short title. AMENDMENT ACT, 1990 4. Section I of the Controlled Game Products Proclamation, 1980, is hereby amended (a) by the deletion of the definition of "territory"; and (b) by the addition of the following definition: "' Minister' means the Minister of Wildlife, Con servation and Tourism.". 5. Section 2 of the Controlled Game Products Proclamation, 1980, is hereby amended by the substitution for paragraph (a) of subsection (l} of the following para graph: "(a) Subject to the provisions of paragraph (b), any person who [after the commencement of this Proclamation] imports into [the territory] Na mibia, exports from [the territory] Namibia, posse;ses or deals in any controlled game pro duct otherwise than under and in accordance with a permit issued or deemed to be issued to [him] such person by the [Administrator General] Minister under this section, shall be guilty of an offence and liable on conviction to a fine not exceeding [ six thousand rand] R200 000 or to imprisonment for a period not exceeding [six] twenty years or to both such fine and such impnsonment. ". 6. The Controlled Game Products Proclamation, 1980, is hereby amended (a) by the substitution for the expression "the terri tory", wherever it occurs, of the expression "N ~ mibia"; and (b) by the substitution for the expression "Admini strator-General", wherever it occurs, of the expression "Minister". 7. This Act shall be called the Nature Conservation General Amendment Act, 1990.