National Parks Regulations, 1988 (S.I. No. 136 of 1988)

Slalutory lnslrumetil No. /36 of 1988 NATIONAL PARKS ACT (Cap. 38:03) NATIONAL PAR1'S REGULATIONS, !9Rll (l'u/,/,shtd on ,a,h /Jrcember, /988) ARRANGEMENT OF REGULATIONS REGULATION PART I P,e/1mmu,y I. Citation and commencement 2. lmaprecation l', PART II Open season, entry inlo National Parks and Campmg Siles 3. Oprn season in National Parks 1. Emry imo National Parks 5. Designated camping sites PART III Motor J,'elw:les and Aircraft 6. Only approved vehicles may be used in National Parks PART IV Boali-ng and fishing w,1hin Naticmal Parks 7. Boating on National Parks 8. Fishing in National Parks PART V G,n~ral conducl wilhin National Parks 9. General ~onduct in National Pa,·ks 10. Persons in National Parks t0 remain in camping siies ar night l I. Interference· with animals 12. Prohibition of atms aud ammunition and other wcapom PART Vi Miscellatieow 13. Gen,•rnl powers of aurhori,rd o/li,i'rs 1-1. Rl',·ocacion C.49& tN E.X~:RCISE of 1h, pnwetscnn!rrrc<l m, lb~ Minis1cr of CornmnreamJ ln,lmtry by section 15 of the National Parks Art, the following Regulations arc herehy made C,194 (.n,;11Lml l"t'!l\-rnl lnlnpn·• 0pl"11 ll;"i,!.On iu N.i:1111n~I p.;\,~~ b~IJl' in111 Nut,nn:.i.l Pi!ilk"i PART I Preliminary I. Tl1t·se Regulations may bed1ed as !he National Parks Regulations, 191\1\. a11d shall come in10 operation on Isl July. 1989. 2. (I) In thrse Regulations unless the context 01herwise requires "'arms and ammunition·· have the meanings assigned 10 !hem underthe Anns and Ammuni1ion Act; "authmi,ed officer"' means the Director, his Deputy or assistant, a game o[ficcr, game scout. game gu,1rd or any per.son autho,it<!d in wiiting hy the Director or his Deputy to be an authorized officer for till' purpose u[ these Regulations; ''hn:i:\1·· includt•s-ranor m· dugoul; "Dircuor" mean. the Director ol 1he Oepanment of Wildlile and National ?arks and Chief Game Warden; "explosive•·· has the meaning assigned to it in the Explosives Act; "National Park" means an area constituted as a national park by 1he Prr~ident under the National Parks AcL; "ni!\ht" in any year from 1st March to 10th September means the period hetween half past six i11 the the evening and six o'clork in the morning, and [mm 1st Octuberto the las1 day of February means the period between half past seven in the evening and half past li,·e o'dock io the morning; "'other weapon" means bows. arrows, spears. traps, snares or any form o( weapon or object which ,nay be u,ed to kill or maim or capture animals; '"perrni1"' means any perrnil issued under thi· relevant regulations. (2) For I he purposes ol these Regulations, a person shall be deemed to Ix· a resident ol Bmswana ii (a} he is an oHker in 1hr public service or a teacher employed by the Unified ·rcachi ng Service or Lhe spouse or child of such an o£1icer or teacher: (bi he is a mern~r of a dass of pcrmns designated for the purposes or 1hrst· Regulations by 1hc Minister by notke published in 1he Gale-lff'; c,r (c) he holds a residents permil which he has held for a continuous pcri<>d nl 12 n1onths aml has been pr~sent within Botswana fnra1 least nine munrhs o[ the immediately preceding period of 12 mnmh,. PART ll Opm stu.rnn, entry into National Park Siles ll. E,-ay National Park shall be open throughout the year: Prnvided that art authorized of[ker may dose the whole or part of a National Park in th,· intt'resis ol p<>lllic safety or natural resource• nlauaf,::('UH'tll activiLic.li 1 01· for adminhlradv~ rca.sons. 4. (I) No person ,hall emer ur be within a National Park unless he is m pus.ession of a pl'tntit oh1ained from an amhoriied olliccr, )2) No pt•1mit shall he issued until th!' [ee set our in theSchedule has heen paid 10 an authori,ed olfi(er. excep1 in 1l1e case ol duly 3llthonud visits nf groups of stmlcn15 aml other, engaged in field trips, or an i,Uida.l on Gm.·ernntL'll( thuy~ ((tlcl \','hl'n.• thl· i.s.'illr <,{ 41 fn·c t•1ut )' pr.;nn,i1 h:1> been authuri, .. ,I b)' 1ht· Oirl'nor. (3) A permit shall be issu,·d suhjnt tn sud, rnnditi,>11., as an >11>thorhr.l nmrer m»y ,ei· H1 to ana, h 1hne10. (4) For the purpusrs r,I 1hi, 11·gulminn, no p,·rsnn .,h.ill ,·11Lcr or li·aVl' a National Park ex<:t·pt tluuugli il point of ,•ntry or t'><il d,•dan·d by the Din .. ''- Lnrhy nolin• in 1h<' Ga,.t.•tt,·, and idt'Jltifird HS su1·h bya11 at11horued oflin·,· by nmit·t• :md ,ign. . (!>) An)' µ,et:,on who ("OUl.-an·u('!i- any provj5Lon of 1li i:-. n'glilau~nt. 01· who (ail, tu ('om ply with nu,· t:.:nn<..llttnn 5uhjt•-rt h\ IJ,.'h\(."l\ a ,1.c\'1't\\l wi\~ i~s11nt in Et·nnli nf suh1·t·~ulalio11 {3L .shall h(• g11ih~· of 0111 oU,·ettf' aud liahlt IU •• (iu~· ol Pl mm ~uni ,o iu1p1 i .... ottlll("III ro, OUi' yi•:n, 5. (I) Tlll' Di,e, 1111 mar<ksif(ll,lll':u,·a.sof a Natinn:tl l'mk 1nb~.,.r1 asili!' :i> d.-,ig11a1t·tl ,-arnpi1111; ,ii,·, and .,h:dl itkntify rn, It ,tn-:is by 11nt1<1·:111cl .'iig11. , (2) A penni1 may ,nnhm i,,. the holdct rn oct"upy a designated 'rnmpaig silt' a1 night subjr,·t 10 such co11Ji1io11s as roay be endorsed on 1h,·1wrmit. (31 Tiu· Irr"' hr paid Cm mrnpyii1g a, amping sill' is ,~t 0111 in thl' Sd1edul1·. (4) Authority in tl'rm, 11[ ,uhn•gulation (:?) shall nm he give~, rn a pnson m1drr dw age o( Iii y,•.i1s u11less that pt·rso11 is 8<'.con1pmul'd by a1101lwr pcr~on ol or nver !ht• age of l(i yea.rs. . . . (5) Any person 1\'110 o<Tupi<·s a carnpmg Slll" at mght wnho111 a pnmi1 authorizing such 01TupH1io11 sh,ill he guilt}' of an offence ant! li:1hle w a line ol p,100 and 10 imprisonmeu1 for four month.<. PART ]II Motor Vd,irlrs 6. [I) No person shall, withoul the p,·1·rni.~.1ion of an au1h?ri1.ed of[krr, rnter a National Park .-xcept in a n\otor whiclc or a1rcra(1 approved b)' an authorized officer. (2) An amhorizcd oflicer 111ay relus1· m issu!' a pr.rmil or tl\l'.Y re,oke any penni1 ~o issued if 1he motor l'rhide lo b1· used or hdng used by ~ny prrson, as thr .:ase may b~. d,w,, nlll, in 1hr opinion o[ that au1ho111rd orricn, arrnrd ml«·qw11c· proLC('ljon to ()il,'iM'llgrrs. (3), Where an amhori,ed olfker ,evokes a purni1 in ,~,·m• of s11bregulation (2) the person ronc<'l"ll<'<l shall comply with a~,y rt·asonable directions ta leave the National ?ark a~ may be given to lum by an authorized officer. · . (4) No person shall drive nr permit to lw driven in a Nat1011al Park a motor vehick (a) other than on a demarcated touri.,1 route except with wriuen au1hori ty from an authori,ed u[fi< er; . (!,) which exceed• S 500 kg in wright wh,·n unhufm, or ':111, I'. ha, more than two normal rear !rack whee).~, unlt•ss sp<'e1[1<' wn1tcn aulhm·ity (or surh use has been givrn by the Dircc1orand on such terms as may be specified; (c) at night unless he is in possession of written permission 10 do m issued by an authorized officer; C.4!lr, lll·,.i,-::1,;u•-.I i.,1rnp111~ :1-iw~ Ooty ~flPIO'lll'd vdddr:1 i11a-,.· h~• ~ur1I ,1,t•hnlon~l lt~,uki,, C.496 Boatn1g on N;nion.al Park~ (d) which is not capable of four•wheel drive operation: Provided that an authorized officer may give written permission to the driver of a vehicle with two-wheel drive operation to enter a National Park if, in the opinion o[ the authorized officer, such vehicle is ol a type and carries on it such equipment as will allow it to be driven without undue risk or consequences to any person on it, and without undue damage to any track, road or installation in a National Park. (5) No person shall, without good cause, disembark from a motor vehicle in a National Park except at a designated site. (6) A permit shall not be issued for a motor vehicle or an aircraft to enter a National Park until the lee S<!lOUl in the Schedule has been paid to an authorized officer. (7) An aircraft shall not, except at the time o{ landing or take-off. fly less than 500 metres in height above the surface area of a National Park, ,111less prior wriuen permission to fly lower has been granted by the Diretlor. (8} No person using a motor vehicle or aircr;,h shall cause or allow such vehicle or aircraft lo approach any animal in such manner as to disturb such animal. (9) A.ny person who contravenes any of the provisions of sub r~gul~uon~ {1 ), (1) . (5), (7) or (8), or who fails to comply wi1h any d1re.-ito11 given lo furn under the provisions of subregulation (3) shall be guilty of an offence and liable toa fine of P300and w imprisonment fnr three months. PART IV Boating and fishing within National Park 7. ( 1) No person shall enter a National Park by boat or use a boat on National Park waters unless he is in possession o{ a permit ob1ained from an authorized officer. (2) No permit shall be issued until thdee se1 out in the Schedule has been paid to an authorized oHicer except whert· a free Nllry permit has been authorized by the Director. (3) No person shall. except with the wrillen authority of an au1horiz~d officer bring into or use any outboard m engine in excess of twenty•hve horse-power on any boat within the boundaries ol a National Park or upon any waters bordering on a National Park. (4) No person may use an inflatable boat or rubber dinghy within a National Park. (f>) No person u,ing a bo;it on the waters of a National Park shall cause or allow such boa1 (a) 10 approach any animal drinking or bathing in such waters in such manner or so closely as to disturb such animal; or (b) 10 be driven at a speed faster than five knots. (6) An authorized oHicer may designate points in a Na1ional Park which shall serve as points of embarkation and disembarkation. and shall identify such points by sign and notice. . (7) No person shall go ashore or moor or leave any boat at any place 10 a Nanonal Park other than a! a mooring place deiignated by an amhodzed officer in terms of subregulation (6). (8) No person shall, without the written permission of an authorized officer, use a boa1 on the waters of a Na.t.ion!!.l P~•~ ,., ni,.b., (9) No person shall indulge in any water sport within the boundaries of a National Park. (J 0) Ao authorized officer may determine which ponion or portions of the waters of a National Park shall be open to boats, and shall identify such portion or ponions by sign and notice. (II) Any person who, without reasonable excuse, contravenes any provision oI this regulation shall be guilty of an oflence and liable 10 a fine of P300 and to imprisonment for three months. 8. {I) No person shall catch lish within a National Parkexceprnnder and in accordance with a permit issued by an authorized oflicer and on payment of the fee prescribed in the Schedule. (2) An authorized oHicer may designa1e paints in a National Park to be set aside as designated lishing points, and shall identify such points by notice and sign. (3) No person shall fish within a National Park except ala designated fishing point. (4) No person shall lish by any means other than with rod and line. (5) No person shall be permilled to catch and retain in excess of 10 fish per day. (6) Any person who. without reasonable excuse. contravenes any provision of this regulation shall be guilty o/ an offence and liable to a fine of P400 and to imprisonment for four months. PART V Gen,ra/ condud withir, National Park 9. (I) No person shall remove Crom a National Park or destroy any llora, avifauna or !auna, or in any ,vay disturb or molest any living thing, except wi1h the wri11en permission of the Director. (2) No person shall bury, bum or leave any refuse of any kind within a Na Liana! Park. (.3) No person shall, without 1he wriuen permission o[ an authorized officer. light a fire in a National Park except al a designated camping site, hotel, lodge or permanent camp. (4) No person shall cause a bush-lire within a National Park or leave a fire unextingushed or leave any material capable o[ causing a fire. (5) No person shall drive any vehicle or cause any vehicle to be driven anywhere in a National Park at a speed exceeding 40 km per hour. (6) No person shall cause any damage IO objects of geological, ethnological, historical, archaeological or of other scientilic interest wi1hin a National Park or, without the written permission of an authorized officer, remove any objec1 from a National Park. (7) No person shall, without 1he writ\en permission 9f an authori,ed □Hicer, introduce any wild or domestic animal into a National Park or knowingly permit any domestic animal to stray into a National Park. or iniroduce any vegetation into a National Park, or remove Crom a National Park any fauna or flora. (8) No person shall, except with the written permission o{ the Direclor nu, damage or destroy any nee or other vegetation in a National Park. (9) No unau1horized person .shall destmy or deface any object, whether animate or inanimate. in a National Park. C.497 fi~l1in g ~11 N:cuion:al P:;i:rlc.$. Gtm·ral ronduct in Nadonal Parks C.498 Pt-1~011s In Na1iu:oal Parh 10 1-rru;1111 in (.IIElpiUK siu•:1,. acmi;;:h1 ln1rrlc-r<"lUC" wi~h animals Prolub1uon ol ,mmanJ ammLmiuw1 and mhn w1•.:i.pot1:i;. { 10) No p<'rson shall ,·reel any building or s1ruc1ure w11hin a Nacional Park withou1 du· wriLU:'ll pt-rmiss.i11n of the Din•(·cor. ( 11) An autho1 i,c-rl nfliccr may direct lhe offender 10 remove any building m .,trurnirr c-1er1ed in rnniravenlion of s11b1egula1ion ( 10), m may him,df causr 10 be· rl'moved any building or structure, without rnmpensa1ion bring payable. ( 12) No person shall operate any radio or electronic equipment for the reproduction of sound, or me any mechanical device whirh creates nnise(other than a motor vehirle), which is likely 1odhturb the peaceful enjoymenl of mht•r visitors orthe bird and animal life wiihin a National Park. ( 13) Any person who contravPnesany provision of this regulation, or fails 10 comply with any direr1ion given undersubregulation (l l ), shall be guilty ol an olff'rH"e and liable 10 a fine of P500 and 10 imprisonme111 for six months. 10, (l) No person shall, wirhout the written permission of an au1horiwd officer, remain in a National Park ar night unless he is in a designated camping site or lodge and in possession of a valid camping permi1 (2f Any pt>rson who, without reasonable excuse, fails 10 comply wi1h 1he provisions of subregularion (I) shall be guihy of an offence and liable to a tirw of P400 and to imprisonn,em for lour momhs. II. (I) No unauthorized person shall imerfer<' in any way within, or feed or provide food !or, any animal in a Nation~[ Park. 12) Any person who rnmravenes any provision of this regulation shall be guilty of an offence and liable 10 a /inc of P400 and to imprisonmcm for four months. 12. (I) Subject to the provi~ions of subregulation (2). no person other than an authorized officer shall convey into, or be in possession of, within a National Park any arms, ammunition, explosive, 1rap or poison or any other weapon capable of u.,e in the killing, maiming or ,aptme of any animal. (2) An A,nhorized officer may endorse on a permit authority to incroduce into a Na1ional Park arms and ~nnmunirion: Prrn:idrd 1hat be£ore any arms an· .'io jnLrodnc,nl an aurhoriletJ offi«·r shall a1rnch a sral 10 them or their container in such a rnamwr that lht' arm< cannot be loaded or thr ,m11ainer opened without breaking thr seal. (3) Where arms arr in1rodu,ed intn a Na1ional Park in terms of subregulation (2) and thr seal a11ad1rd 1here10 is broken, 1hr person in pos,rssion of the arms shall. before 01 immediately after lca\'ing a National Park, deli ser the arms to an authorized officer and report 10 him 1he cirnrmSlances under which 1he seal was broken. (4) Any person who contravenes any provision of subregulatiom {I) or (3) shall br guilty of an offence and liable to a line ol P500 and to imprisonmc111 for si>< momhs. PART VI Misullaneom 13. (I) Any person who (a) c11ntra·vr-nt•s. or aoemp1~ to ronnaw'Ui? Hll}' of 1lw provisions ol these Regulations or any 01her law; <>r (b) behave~ in such a manner as to c-ll~att· or c;1u.st• a nui:si:.nln· cu arl.'i in any way cir1rimental to the intere.11 ol a National Park, shall comply with any reasonable direction. induding a dire(tion to lea\'e a Game Reserve. as may hr i:in•n by an authoriwd oHker. t2) Any authorized officer may relust• to issue a permil to enter thr National Park 1oany person or group of persons. whom hr has reason to believe may not or has not complied with these R(•gulatious, or for any olhl'r fi1 and proper reason for tht'dfertivr running ol a Nation"] Park, (3). Any person who i, ordered 10 leave a National Park und,·r subregulation (I) shall not be entitled 1oany refund of fees paid in terms of 1heSL' Regulations. (4) Any person who fails to comply with any direction given 10 him und,•r the prnvisinns of subregula1i,m (I) shall bt• gnilly nf an nflf'ncr and liable 10 a fine o[ P500 and to imprisonmen1 for six months. (5) Any person who is aggriPved by the reCusal ol an authorize,] officer to issue him with a perm ii to emer a National Park, or who has been directed to leave a National Park under subregula1io11 (IJ. may appeal in wri1ing against such decision or direction to the Diirnor. whose decision in the ma11er shall be final. 14. The !nllowing enactmems are hereby revoked (il) Chobe National Park Regula1ions, 1987: (b) Nxai Pan National Park Regulations; (c) Chobe National Park (Kachikau•Kasane) Road Regula,iuns. (;.499 c:nw1al powt>r,nl dHlhrn urd ofl1cca Rnnliilhm .~.I. ~7. 19H7 ~J. ,16, 1917 'J ~H. 1ml C.500 SCHEDULE (regs. 4(2), 5(3), 6(6), 7(2), 8(1)) FEES I. Fus payable on entry: (i) Privately organized tours (a) Persons of 16 years of age or over (bl Children between the ages of 8 and 15 inclusive {<) Children ol 7 y~ars and below (ii) Tours through Botswana registered, based and licensed tour operators and established lodge and hotels (a) Persons of 16 years of age or over (b) Children between the ages ol 8 and 15 years inclusive (<) Children ol 7 years and below 2. Camping f~es: (i) Privatdy organized tours (a) Persons of 16 years of age or over ( b) Children between the ages of 8 and 15 years indusive (c) Children ol 7 years and below (ii) Tours through Botswana registered, based and licenced operators, and esia blishcd lodges and hotels Citizen p Resident Non Resident p p 2,00 per day 10,00 50,00 per day per day 1,00 per day Free 2,00 per day 1,00 per day Free 5,00 per day Free 10,00 per day 2,00 per day Free 5,00 10,00 per nigh1 per night 1,00 2,00 per night per night free Free 25,00 per W!J Free 30,00 per day 5,00 per day Free 20.00 per night l0,00 per night Free (a) Persom o[ 16 years of age or over 1.00 per nig.ht (b) Children be1ween 1hr ages of 8 and 15 years inclmive 50 per night (c) Children ol 7 years and below Free ~. fishing Permit 1,00 per day 1. Vehicle Entrance Fee: {a) Botswana regisiered 2,00 per day (bl Fordn rl:"gii;.lrrrd 10.00 p,·r da,· (c) Vehicle entrance fee paid by an operator C.501 5,00 10.00 per nigh1 per night 2,00 5,00 per night per night F,r~ Free ~.00 l0,00 per day per da, based in National Park 1'500 per ann111n in resp('CI of that Narional Park ouly. (d) Excess vehide weigh I fee for every 450 kg or pan thereof in excess of 3,500 kg unladen weight 5. Boat entrance fu: (a) All boats other 1han canoes or dugouts (b) All boa1,. other than rnnot·s 01 du~u111,, used by an operator basNl in a National Paik. (c) Canoes or dugouts 6. Aircrafl Entrance fee: Loca It y registrred P2 ,00 per day Foreign registered PI0,00 per day P250 per day 5,00 per day PJ50,00 per annum in respe,1 ol 1ha1 N~rional ·Park only Free MADE this 1'l1h day of December, 1988. M.P.K. NWAKO. L217i/46 Minister of Commerce and lndu.>/ry.