Nxai Pan National Park Regulations

National Parks [CAP. 38:03 A.7 NXAI PAN NATIONAL PARK RF.GULATIONS (under sections 15 and 17) S.L 128, 1976, S.L 36. 1977. (7th April, 1977) ARRANGEMENT OF REGULATIONS REGULATION l. Citation PART I Preliminary 2. In'terpretation PART II. Open Seasons, Entry into National. Park and Camping Sites 3. Open season in National Park 4. Entry into National Park 5. Designated camping sites 6. Visitors' lodge or camps PART III. Motor vehicles and aircraft 7. Only approved vehicles and aircraft to be used in National Park PART IV General conduct within National Park 8. General conduct in National Park 9. Persons in National Park to remain in camping site at night 10. Animals 11. Prohibition of arms and ammunition and other weapons PART V Miscellaneious 12. General powers of authorized officers 13. Penalties SCHEOULE PART I Preliminary I. These Regulations may be cited as the Nxai Pan National Pari.s Ci1a1im1 Regulations. 2. In these Regulations, unless the cantext otherwise requires - l111<•r "arms and ammunition" shall have the meanings assigned to them in the 11rl'tation Arms and Ammunition Act; Cap. 24:01 "authorized officer" means the directof, his Deputy, a Game Warden or any person deputed in writing by the Director or his Deputy to be an authorized officer for the purposes of these Regulations; "Director" means the Director of the Department of Wildlife and Tourism; "explosives" shall have the same meaning assigned to it in the Explosives Cap. 24:02 Act; "National Park" means the Nxai Pan National Park as established by the Nxai Pan National Park Order; "night" means the period between half-an-hour after sunset and half-an hour before sunrise: A.8 Open season in National Park Entry into National Park Designated ramping sit('S \'isitors' lodge or ramps CAP. 38:031 National Parks Nxai Pan Natio11al Park Rrgulati0111 "other weapons" means bows, arrows, spears, and any form of trap or snare which may be used to kilfor capture animals; "permit" means the permit issued under regulation 4 ( l). P,\RT I I. Open Season, Entry into National Park'and Camping Sites 3, The '.'lational Park shall be open throughout the year. 4. ( l) No person shall enter or be within the National Park unless he is in possession of a permit obtained from an authorized officer. (2) No permit shall be issued until the fees set out in the Schedule have been paid to an authorized officer, except in the case of duly authorized visits of groups of students and others engaged in field education trips, or an official on Government duty, and where the issue of a free entry permit has been authorized by the Director. (3) A permit shall be issued subject to such conditions as an authorized officer may sec fit to attach thereto. (4'• '.'lo person shall enter or leave the '.\Jational Park except through a point declared by the Minister, by notice published in the Gazette, to be a point of entry or exit for the purpose of this regulation. (5) Any person who contravenes any of the provisions of this regulation or fails to comply with any condition subject to which a permit was issued in terms of subregulation (3) shall be guilty of an offence and liable to the penalties prescribed by regulation 13 ( I). · (6) Nothing in this regulation shall apply to any itinerant person or grb~p of such persons whose living is entirely dependent upon hunting and the collection of veld food and whose hereditary right to such hunting and collecting has been officially recognized. 5. (I) An authorized officer may designate areas of the National Park to be set aside as designated camping sites and shall identify such areas by sign and notice. (2) A permit may authorize the holder to occupy a designated camping site at night subject to such conditions as may be endorsed on the permit. (3) The fee to be paid for occupying a camping site is set out in the Schedule. (4) Authority in terms ofsubregulation (2) shall uot be giveu to a person under the age of 16 years unless that person is accompanied by another person over the age of 16 years. (5) Any person who occupies a camping site at night without a permit authorizing such occupation shall be guilty of an offence and liable to the penalties prescribed in regulation 13 ( l). 6.( l) No person may enter or use any services provided for the use of lodge or camp fee-paying visitors unless in possession of a valid permit for accommodation or other permit as may from time to time be prescribed by an authorized officer. (2) The holder of such valid permit shall be required to observe any and all conditions attached to the issue of such permit and/or official notices issued by aq authorized officer and placed on public display. (3) Any person who contravenes any of the provisions of this regulation or who fails to comply with any condition subject to which a permit was .issued. or who fails to comolv with such additional official requirements as National Parks (CAP. 38:03 Nxai Pan National l'ark RegulationJ may be displayed at any lodge or camp, shall be guilty of an offence and liable to the penalties prescribed in regulation 13 (1). ( 4) An authorized officer may cancel any accommodation permit or such other permit as may have been issued to a lodge or camp fee-paying visitor if, in the opinion of that authorized officer, the permit holder has failed to comply with such regulations as have been authorized and notified and, where any such permit cancellation is made, the authorized officer shall immediately submit a detailed covering report to the Director. PART III. Motor Vehicles and Aircraft 7. (I) No person shall, without the written permission of an authorized officer, enter the '.'ilational Park except in a motor vehicle or aircraft approved by an authorized ofhcer. (2) An authorized officer may refuse to issue a permit or may revoke any permit issued if the motor vehicle to be used or being used by any person, as the case may be, does not, in the opinion of the authorized officer, afford adequate protection to the p:1ssrnf.\l'l'S. (3) Where an authorized officer revokes a permit in terms of sub regulation (2), such person who is i1! the National Park shall comply with any reasonable direction to leave the National l'ark as may be given by an authorized oflicer. ( 4) No person shall drive any motor vehicle at night within the National Park unless in possession of written pl'nnission so to do issued by ;m anthnr izecl offircr. (.>' '.\'o p<'rson shall drive or permit to bl' driven in the '.'ilational Park a motor vehicle which exceeds 2 250 kg weight when unladen unless the vehicle is capable of four-wheel drive operation and does not have more than two normal rear track wheels, unless specific written authority for such use has been given by the Director and on such terms as may be spedficrl. (G) No person shall enter the National Park by aircraft unless in posiws sion <if'writtcn permission so lo do issued by an authorized ofliccr. (7) No permit shall be issued for an aircraft to enter the National Park until the fees set out in the Schedule have been paid to an authorized officer. (8) No aircraft, except at the time of landing and take-oil; shall flv k~s than 300 metres iJl height above the surface a~ca of the National Park·. (9) No person using a motor vehicle or aircraft shall cause or allow such vehicle to approach any animal in such a manner as to disturb s1.;.ch animal. (10) Any person who contravenes any of the provisions of subregulation (1), (4), (5), (8) or (9), or fails to comply with directions given under the provisions of sub regulation (3), shall be guilty of an offence and liable to the penalties prescribed in regulation 13 (I). PART IV. Gt11t111/ Cu111/wl lllithi11,Natio11al Park 8. (I, No person shall remove from the National Park or destroy any flora, avifauna or fauna, or in any way disturb or molest any living thing, except with the written permission or the Director: Provided that nothing contained in this subregulation shall be construed as to prohibit the hunting or capture of an animal within the National Park by an itinerant person or group or such persons whose living is entirely dependent upon hunting and the collection of veld food and where hereditary right to certain hunting and collecting has been A.9 Only approved VC'hkks and aircraft to be u,('d in National Park G(·tu-ral co11d11rl in '.'lational Park A.10, l'ersons m National Park to remain in camping sicc at night Animah CAP. 38:03] .National Parks .Nxai Pan .National Park Regulations officially recognized, where such hunting is unclertaken by how, arrow, and other home-made weapons of traditional hunting form, and the meat, skins, eggs and other trophies so obtained are for such person's immediate consumption and use. (2) No person shall leave any refuse of any kind unbur!}t or unburied. (3) No person shall, without the written permission of an authorized officer, light a fire in the National Park except at a designated camping site. (4) No person shall leave a fire uncxtinguished 01· h:ave any ma.u:ria.l capable of qusing a fire or cause a bush-fire within the National Park. (5) No person shall drive any vehicle, or cause any vehicle to be driven, or to move anywhere in .tht; National Park at a speed exceeding 4q km/,h. (6) No .. J~~rson sliall cause any dama Ke to objects of geological, ethnological, historical, archaeological or other scientific interest within the Nati.onal Park; or, without the written permission of an authorized olTiccr, rcthovc any such object from the Game Reserve. (7) No person shall, without the written permission of an authorized officer, introduce any wild or domestic animal into the '.'lational Park or pc1'111it a11y domestic animal to stray into the National Park, 01· introduce any vegetation into the National Park, except where lawfully introduced, or remove from the National Park any animal or vegetation (8) No person shall cut, damage or destroy any tree or other vegetation in the National Park, with the exception that dead wood may be collected for camping purposes only. (9) No person shall destroy or deface any object, whether animate or inanimate, in the National Park. ( l O) No person, other than persons who live entirely by hunting and collecting veld food, shall erect any building or structure within the National Park withoul the written permission of the Director. ( 11) An authorized officer may direct the offender to remove any building or structure erected in contravention of subregulation ( I 0), or may himself cause to be removed any such building: or structure, without rnmpnnsation being payable. (12J Any person who contiavenes any of the provisions ofsubregulations (I) lo ( I 0) inclusive or fails to comply with directions given under the provisions of sub regulation ( l l) shall be guilty of an offence and liable to the penalties prescribed in regulation 13 (2). 9. ( I) No person shall, without the written permission of an aulhorizec\ officer, remain in the National Park at night unless he is in a designated camping site and in possession of a valid camping permit. (2) Any person who, without reason,1ble excuse, fails w comply with rhe provisions of sub regulation ( 1) shall be guilty of an offence and liable to the penalties prescribed in regulation l 3 (2). 10, (I) No person shall interfi.:n: i1La11y w,1y wi1h .• rny .. a11i111ctl i.tLtlie National Park. (2) Any person who contrnve11cs the provisiiJns or sulm;gulation (I) shall be guilty of an offence and liable to the penalties prescribed in regu lation 13 (2). National Parks [CAP. 38:03 Nxai Pan National Park Regulations 11. (I) Subjcn to the provisions of subrcgulation (2), 110 person shall ronvcy into the National Park or be in possession ol' within the National Park any firearm, ammunition, explosive, trap or poison 011 any other weapon capable of use in the killing or capture of any animal: Provided that nothing contained in this subrcgulation shall be con strued as to prohibit the hunting or capture of an animal within the Natioual Park by an itinerant person or group of such persons whose living is rntircly dependent upon hunting and the collection of veld food and where hereditary right to certain hunting and collecting has been ofTicially recognized, where such hunting is undertaken by bow, arrow, and other home-made weapons or traditional hunting form and the meat, skins, eggs and other trophies so obtained arc for such person\ immediate consumption and use. (2) An authorized oflircr may, in payment or the fee set out in the Sd1cclulc, endorse 011 a 1wnni1 :iuthorily lo introduce i1110 lh<' Na1io11al Park a firearm and ammunition: Provided that before any firearm is, so introduced an authorized oflicer shall allach a seal lo it or its container in such a manner that th(' firearm cannot be loalktl 01 the co11taincr opened without breaking the seal. (3) Where a firearm is introduced into the National Park in terms of subrcgulation (2) and the seal attached thereto is broken, the person in possession of the firearm shall, before or immediately alter leaving the National Park, deliver the firearm to an authorized officer and report to him the circumstances under which the seal was broken. (4) Any person who contravenes any of the provisions of subn:gulations (I) and (3) shaM be guilty of an offence and liable to the penalties prescribed in regub\ions 13 (2) and (3) respectively. P,\RT V. Afi.1cellanen11s 12. (I) Any person who A.11 Prohihilion of arms and ammunition and oth~r weapons General f h • • f I powers of (a) contrav.encs or attempts lo contravene any o t e prov1s10ns o t 1CS('· authorized Regulations or any other written law; -or officers (h) behaves in such a manner as to create or cause a nuisance or arts in any way detrimental lo the interests of the National Park, shall comply with any reasonable din-rtion, including a direction to leave the National Park, as may be given by an authorized officer. (2,\ An authorized o!Iiccr may refuse to issue a permit to enter the '.\lational Park lo any person or group of persons who he h,t~ r<'ason lo hdicvc will not comply or !ms nol complied with these Regulations, or for any other fit and proper reason for the effective running- of the Nat ion al Park. (3) Any person who is ordered to leave the National Park in terms of sulncgulatio11 (l) shall not he entitled to any refund of fees pnirl in terms or these Regulations. (1) Any person who fails to comply with any direction given to him 11ndf'r the provisions of subregulation (I) shall be guilty of an oflem:c and liable to the penalties prcsn'ibed in regulation 13 (2). A.12 CAP. 38:03] National Parks .N:rai /'an National /'ark R,·.~ulati,m., ()\ : y person who is aggricn·d liy tlU' rdusal of an authorized ollic!'r to issue him with a permit to enter the National Park, or who has bcrn directed to leave the National Park in terms of regulation 12, may appeal in writing against surh decision or direction to the Director whose dcci~ion in the matter shall be final 13. (I) :\ person who is convicted of an ollt·1H·c under any provisions of these Regulations which provides that the olil:ndcr shall be liable to the penalties prescribed in this subregulation shall be liable to a fine of PIOO and lo in1pri~on11w1;t for :3 111rn11h, ( :21 A person who is rnm·ictcd of an olfrnn· under any provision oi' thrsc Regulations which provides that the olfrrn\er shall be liabk to the penalties prescribed in this subregulation shall be liable to a fine or P200 and to imprisonment for() months. (:l1 A person who is convicted oLrn offence under any prO\·ision of these Rcgularions which provides rhal the offendt~r shall lw liable to the penalties prcsnibcd in this subregulation shall be liable lo a fine of P300 anrl to i 111 prison nwn t for <J rnon I h, (li ln the case of first offendcn; com·ictc(\ ol' offences under these Regulations, a minimum fine of'halfthc prescribed fines shall be obligatory. (31 In the case of subsequent offences, a minimum fine of not less than two-thirds or the prescribed fines shall be obligatory, 1ti1 \Vhen any person is convided umlcr the provisions ol" these Rq.("u lations the court may order that any \Thiele, aircraft, boat, animal, explosive, trap, gun or poison, used in con11(·xio11 with the rnrnmittin g oLrn olkn\"e, shall he forfeited to the State: Provided that if the i\·1inistcr is satisfied 1ha1 su("h vehicle, airnaf'r, boat, animal, explosive, trap, gun or poison is 1101 the property ol' the pn~uu convil In\ he may, if' lw 111midn, it c:--pnli1-111 s11 111 do, ordn - the return thereof lo the owner, tinder whatc\Tr cundit ions of return he 111;1y wish to impose. ( 71 i\uy1hi11µ; 1;,1fritnl lo the Stale 111111<-r tlw 11ro\·isio11s of'this rcg11la1io11 shall be disposed ol'as the Minister may clirerl. I. l•i·e.1 /H[rablc 011 e11lly: (al For each person dri\·ing a motor vchil"lc. (h, Other persons of 16 years of age and over ( t I Childn·n 1111dcr I Ii years, and over !\- years of age SCHEDl!LE FEES P 1,50 per day P ·1,00 per week PI 0,00 per year P 1,00 per day P 2,00 per week PI0,00 pn vcar 50t per day P 1,00 per week P 5,00 JH'r year }{on-Residmt P 5,00 per day PI 0,00 per .week P25,00 per vca r P 5,00 per day PI0,00 per week P2:>,00 per year P 1,00 per 1day P 3,00 per week Pl 2,00 per year National.Parks rcAP. 38:lt3 Jv.rni Pan .,Vatio11al !'ark Rl',1/Uhition, (d) Children of 1 years and under . . . . . . . . . !-'rec Free 2. Camping Ji-es: (a) Persons of I 6 years of age and over , .... HOt per day P2,00 per day ( b) Children under 16 years of age and over 4 years of age ....................... 50t per day Pl ,00 per day (c) Children of 4 years and under ......... Free 3. Aircraft entrance fee 4. Vehicle entrance fee 5. Excess Vehicle Weight Fee, for every 150 kg, or part thereof, in cxcos of 2 '2'.'lO kg unladen weight G. l11troductiun of firearms 7. Guide hire fee (per day) Free P5,00 Pl,00 P5,00 P2,00 P 1,00 A.13