Tourism (Amendment) Act, 2006 (No. 1 of 2006)

1. This Act may be cited as the Tourism (Amendment) Act, 2006 and shall come into operation on the date of its publicat ion in the Gazette. Interpretation

2. Section 2 of the Tourism Act. 2002 (hereinafter referred to as "the prin- cipal law'') is amended by - (a) deleting the defini tion of "Deputy Director" ; (b) deleting the definition of "Min ister" and substituting the fol- lowing - " "Minister" means the Mini ster responsible for tourism;"; (e) deleting the definition of "Ministry" and substituting the fol- lowing - " " M inistr y" mea ns the Mini stry responsible for tourism"; (d) deleting the definition of "Deputy Chairman'" : (e) deleting the definition of "D irector"; (f) inserting the follo wing definition in the appropriate alphabet- ical order - 76 .. "Fund" mean s the Tourism Development Trust Fund estab- lished under section 18A;" . PART II LESOTHO TO URISM DEVELOPMENT CO RPORATION Establishm ent of the Cor por ation

3. Section 3 of the principal law is amended by ~ (a) inserting the following subsection after subsection (2) - "(2A) The Corporation shall be under the general supervision of the Minister."; (b) inserting the following subsection after subsection (6) - "(7) The sea l of the Corporation shall be kept in the custody of the Chief Executive.". In sertion of new section

4. The principal law is amended by inserting the follo wing new sectio n after section 3 - " Histo ric sites

3A. (I) The Minister may, by notice published in the Gazette , designate historic sites. (2) No person shall destroy or damage any historic site or make any alte ration thereto." , Functions of the Cor pora t ion

5. Section 4 of the principal law is amended by - (a) deletin g the figure " (I)" 77 (b ) deleting paragraph (i) and substituting the following - " (i) to facilitate private sector investment in the establish - me nt of tourism undertakings;" ; (e) deleting paragraph (k) and substituting the following - "(k) to facilitate private sector investment in - 0) the pro vision or adaptati on of sites. the mod- ern isation or cons truction of premises for tourism undertakin gs; (ii) ass isting any other person 10 do any of the things mentioned in sub-paragraph (i); and (iii) providi ng or assisting in the provision of rel ated service s or facilities;" ; and (d) deletin g paragraph ( I) and substituting the followin g - " (I) to facilitate or ass ist the private sector in the manage- ment of sites and premi ses for touri sm undertakings;". Powers of the Corpo ration

6. Section 5 of the prin cipal law is amended in subsec tion (2) by deleting ", after consultation with the Co rporation,". Esta blish men t and compos ition of th e Board

7. Sec tion 5 of the principal law is amended - (a) in subsecti on (2 )(a) by deleting "Director" and substituting "Principal Secretary" ; (b) in subsec tio n (2)(c) by deleting "who shall be the Deputy 78 Cha irman " ; (e) by inserting the following after subsection (2) (e) - " (f) the Corporate Secretary of the Corporatio n who shall be the Secretary to the Board."; (d) in subsection (4) by deleting " Sub sec tion (2)(c)" and substituting " Subsectio n (2)(e)"; and (e) by deleting subsection (6). Insertion of a new sect ion

8. The principal1aw is ame nded by inserting the following new section afte r section 6 - "Fu nctions of th e Boa rd

6A . (1) The fun ction s of the Board are to - (a) Direct and oversee the over all operations of the Corpor ation; (b) direct the organisational structure of the Corporation which appropriately assigns authority, reporting relations hips and re sponsi- bility; (e) approve terms and cond itions of employme nt of the sta ff of the Corporation; (d) appro ve and ove rsee the annual allo catio n and utilization of fund s for the Corpora tion 's opera- tion al e xpenses and capital requireme nts; (e) con side r and de term ine, from time to time, the mana ge ment's need to create e mployment positions in accordance with the organi sat ional 79 structure and operational needs of the Corporation; (f) establish committees and delegate to the m or to the Chief Executive the authority to carry out, on its behalf, suc h duties as it may, fro m time to time, determine; (g) mak e requisition for such information as it may think necessary to monitor the performance of the Corporation; and (h) make recommendations to the Mini ster on administrat ive and operational rnatters which require the Minister 's approval in terms of the Act." (2) The Minister may, fro m time to time, give directions in writing to the Boa rd with respect to the operations or proceedin gs of the Board, and its functions generally or with respect to a par - ticular matter, and the Board shall give effect to the direc - tions." . Meetings of th e Board

9. Secti on 8 of the principal law is amended in subsection (2) by deleting "the Deputy Chairman sha ll preside" and subst ituting "the membe rs present shall elect one of their number to preside". Ge ne ral a mend me nt

10. The principal law is ame nded by deleting " of Finance" wherever it appears and substituting" responsible for finance" . Com mittees 1l . Section 12 of the principal law is ame nde d - (a) by deleti ng subsecti on (2) and substituting the follo wing - 80 "(2) Th e mem bership of the co mmittees reffered to in subsec - tion ( I) may co ns ist of - (a) members of the Board; o r (b) all or a ny of the perso ns listed in the Sch ed ule to thi s Act." ; (b) by inserting the following new subsec tio n after subsection (2) " (2A) The M inister may, by notice published in the Gazette and on the ad vice of the Board, ame nd the Sched ule."; a nd (c) by deleting subsectio n (3) a nd substituting the follo wing - "(3) The Corporation shall pay members of an y committee es tablished under subsec tio n ( I) who are not employees of the Corporation travelling and other allowance s as may be de ter- mined by the Minister after co nsultatio n with the Minister responsibl e for finance .... PART 1II STAFF OF TIlE CO RPO RAT ION AND CON DITIONS O F SERVICE Staff of th e Corpora tion

12. Secti on 13 of the principa l law is amended in subse ction (1)(a) by deleting sub-paragraph (ii) . PART IV FINANC IAL PRO VISIO NS Sha re ca p ital

13. Section 16 of the principal law is amen ded b) del eting subsection ( I) and subs tituting the following - 81 ., ( I) The share cap ital of the Corporation shall be determi ned by the M inister and the Gove rnmen t shall be the sole shareholder." Insert ion of new sections

14. The principal law is ame nded by inserting the follow ing new sections afte r sec tion 18 - "Trust Fund

18A. (1) There is established a Tourism Development Trust Fund for the de velopmen t of touri sm in which the le vy refe rred to in sec tion 188(1 ) and other monies that may be obtained from any source shall be depo sited. (2) Th e Min ister, act ing in con sultati on with the Minister responsible fo r finan ce , may make regulat ions for the administration of the Fund and an y other ma tter incidental and necessary for its effective administratio n. Tourism Levy 18 B. (I ) The Mini ste r may. by notice published in the Gazette, charge touri sm e nterprises a levy to be known as the Touri sm Levy . (2) Th e Mi nister may, by regulations - (a) dec lare tourism enterprises which shall be sub- ject to the tourism le vy ; (b) prescribe a percentage of the touri sm receipts collected which is to be paid into the Fund ; and (c) appoint a co llecting age ncy to be responsible for the collection of the tourism lev y.... J 82 Annual report

15. The principal law is amended by deleting sectio n 23 and substituting the fclowing - " 23. The Corporat ion shall. not later than 3 months after the end of the financial year, subm it to the Mini ster, a report of the operation s of the Corporation during the financial year and the Min ister shall table the report befo re Parli ament.". Designation of tourism deve lopment areas

16. Section 24 of the principal law is amended by deleting "following con - sultation with the Minister of Local Government" and substituting "after con- sultation with the Minister responsible for Local Government" , Schemes of financial assistance

17. Section 25 of the principal taw is amended - (a) in subsection (3) by delet ing "with or without modification , after consultation with the Minister of Finance." ; (b) by inserti ng the following new subsection after subsection 3 - "(3A) The Minister may, after consultation with the Minister responsible for Finance, approve the scheme referred to in sub- section (1) with or without modifications.". Development and im provem en t of en vironment

18. SectiQ!l/'29 of the principal law is amended - in subsection (1) by deletin g " the Minister of Environment"; (a) in subsection (2) by deleting "following consultation with the Minister of Agriculture, the Min ister of Environment and the Minister of Planning" and substituting "after consultation with the Minister responsible 83 for Agriculture and the M inister responsible for Develop ment Planning." ; (b) in subsection (6) by deleting "operation" and substitut - ing "activit y or project" se t out in the Schedu le to the Environment Act, 20ll 2 ;" . Offe nces a nd penalties

19. Section 30 of the principal law is amended by inserting the following subsec tion after subsection (4) • "(5) A person who contravenes the provisions of subsection 3A (2) co mmits an offence and is liable on co nviction to a fine not exceeding M50.()(x) or to imprisonment for a period not exceed ing to years or bo th." Sched u le

20. The Schedule to the principal law is amended> (a) in paragraph (5) by deleting "Ministry of Tourism. Sports and Culture" and substituting "Ministry responsible for tourism" ; (b) in paragraph (6) by deleting " M inistry of Horne Affairs" and substituting "Ministry responsib le for Home Affairs" . NOTE

1. Act No.4 of 2002

2. Act No. 15 of 2001