National Parks and Wildlife Act (Act No. 11 of 1992)

No. 11 SECT!ON l,'atiorwl ?a 1·ks and /Vildiife (Published 15th May, 1992) Act No. 11 of 1992 I :-.sscnt H. KA.MUZU BANDA LIFE PRESIDENT 4th May, 1992 A.RRANG Ei\1ENT OF SECT!:ONS PART J-PREL!MiNARY I. Short title and commer:cer..>1ent 2. Interpretation 3. Purooses of this Act · 4. Ownership of wild animals and plants PART lI-i.\DMINISTRATION 5. Chief Parks and Wildlife Officer 6. Duties of the Chief, Parh and Wildlife Officer and other officers 7. Appointment of Honor:1ry P:i.rks and Wildlife Officers 8. Officers to prevent :.ind detect oIT:::nces 9. Seizure of specimens and :irtic!es · I 0. Return of seized specimens and :i.rticics 11. Barriers to be placed across the roads 12. Arrest of persons committing offences 13. Prosecution by officers 14. Production of documents for inspection 15. Obstruction of afilcers. ccc. 16. Altering· or defacing official records anJ <lccuments PART HI-WrLDLlf'E RESEARCH AND i\L\..",'AGBfENT BOARD 17. Establishment of the Boa.rd 18. Composition of the Boo.rd 19. Functions of th~ Board 2 National Parks and IVi/d!ife No.11 ·---· 20. Meetings of the Board . 2l. .Members of the Doard not deemed public ollkcrs 22:' Allowances :P .. ~T lV-W!LDUFE IMPACT ASSESSME.i.'ITS 23. Requests to conduct wildlife impact assessments 24~ Submfasion of assessment reports to the Minister· 25. Contents ·of assessment reports PART V-NATIO~,\L ,PARKS AND WILDLIFE REsERVES 26. Declaration of national parks or wildlife reserves 27. Purposes of nation.i.l parks and wildlife reserves 28. Procedure for declaration of n.1tional parks or wildlife re~ serves 29. Acquisition of i::md for national parks or wildlife reserves 30. Temporary m:ih:igcment measures 31. Description of the area to be declared· a national park or wildlife reserve 32. Prohibition of cnrenng or residing in national parks or wiidlife rcscncs without authoritv 33. Prohibition of possession or use ot· w.eapons, traps, explo sives or ,1oisons 34. ProhibitiOil oi dCO()Si[!OCl of litter or w:i.ste 35. Other prohibited QCts in a national park wildlife reserve 36. D-::structicn ofanimals by officers 37. Prohibition ::ig2.inst introduction of plants into n:itional parks or wildlife rcser\'cs 38. Prohibjtion :ig:J.inst fire in nation::i.l parks or wildlife reserves 39. Control of iw.rvcst in national parks or wildlife reserves 40.c Board to be apprised of data 41. Regulations for use of national parks or \vildlifo reserves P.\RT \/!-PROTECTED SPECIES ~. Purpose of this P:.rt 43: Declaration of. protected species 44 .. Game species. 45. ; inials·or pbnts which are pot.protected species ,RT V.iI.'..:-LtCENCES. A~D. PER~!!TS TO TAKE OR HUNT WILDLIFE 46: Purposes of fois Part 47 General prohibition :igainst hunting or taking without a licence. 48. Gasses of licences 49. Licence not frmisferrnb!e 50. Bird. licence 5C Gdfr1e· licence 52. Vfaito'r's lic,ence · 53. Soecial licence 54.; I-iuntin~· ticence 55. Grounds on which a licence r.1ay be retused NatronaCParks' and· Wildlife 56. Appeal to.' the Minister: against refusal :o[issuance oCJicencct 57'. Rcvocaticif:t'of',a' licenc2 o'r"pe'rffiif 58'~ A'ppearto: t!1~Jvli1lister up~n re.0Jc~tior(ofaJice~ce .59: ~<!-nceu~ti?}i:~§~uspc:is~~~fot:.~;}S~~r:s~§~'.pe!-'mitz~ 6 6 . ();Jt ; I n7P~~t}~~\.£,~fltl!f.~!l..S,~i!l!tch~hS.ii~~R;~~!fRij)e~o~~-N c~li.9P,1t 8:"~;f 2:11: P,~1tmg. n um 6ers;•wr.-...quan t1 ties" o~anima!s •\ hunted·or:, taken 62: Cfofdes~\•tf't:ckers:''and porters PARTVnr:.....::METHODs'of°HUNTINGfANifTAKINGAND RESPONSIBILITIES OF HlITTll:RS 63. Purposes of this Part 64. Prohibition of use of fires for hunting 65. Prohibition of hun,ting of dependant young 66. Prohibi~e1~~ctfagain~t.½.iHfog pr~t~~~ed :Spe~1es" etc. ~~ ~JJW}l\1~~Jfi{;f;~g11~1Yfiieh~ifr1IFf!JNJMii!s 69. Hunting by traditional methods' ,o: Use ·of .it1ofor?vchicles. ·aircraft '01~ radio communication prohibited 71; Regulati~ssfor'use of domestic animals.in hunting 72. Regulatibns for us'e of certain substances or devices m hunting PART rx-.::HuN-iINd DA."'IGERous A.·•,nMALS/ K1LLING 1N ERRoR. ~,Oll~"!)ING A..ND MOLESTING ANIMALS 73. Purposes of this Part 74. Killing,a protected animal in self-defence 15~ Killing a game ,1nimaI in defence.of property 76. Q:,.vnership· of carcass not ~rn:nsfcrrable. 77~ Rep.arts ·to~ge,.made to an officer, where protected animals . /ause d~p:t~¥f:~o property ... . · .. . . 78s ),t,epart~~to,;,g'.e;~,11w.~e t.o q.n officer where protected ammal :.:,'.i's )cnkd~ttir<iilg~·eITor or by, accident 79.; .W, oilp.d~d~,pf:gtec~ed' animals 80;· ;Wounded: dahgercnis.'nqimals. &C Db:rfMi-:ous ;'i~irn,41{posing; thrcat.:.,t<?,.~human life or property 82~ N!~Ie,~ltn.&§,r.:jztqt9J~irt~a~imals:prohibited 83'.: Protect1on:;◊f{w1kif'arumais; 8'4': Usef~ot!repelfint!'su&~ances: 0 rr,deyi~es) R'AR:riX::'::: COMNfERCE:RE.tA TED·.·TO'. WiLDLlFR 85:i l?ifrposefo(:tliWJ!~{tt &6~ Pr~~f~fj;ff ~~11~~~~safotq}Iffog~etc?:'of protected s.1. z:~i~~§LV6'"' ,, · : contr:ollJn~Jtisfa(g)t.dealirig~.c:inrcirqtefte.d: an.ffnar .~ 8.8'. G:'ebifi~t~ .qwners 1~ 89~ T.rfi'.ri'sfer'!ofta1iii'efslii~:&tspecrn1'en~ 9ot G'ovbnme'rtflrEBn~r 3 4 1\/ational Parks and /Vi!c!/ife No. 11 91. Dealings in government trophy 92. Professional hunter's licence 93. Certain prohibited 2.ets by non-professional hunters 94. Suspension, or revocation of a professional hunter's licence 95. Restrictions .on the professional hunter's licence ' PART XI-IMPORT AND EXPORT OF WILDLIFE SPECI~1ENS 96. P µrpese of this Part XI 97. Imports, exports and re-export permits 98. Import;:,.tion, exportation and re-exportation to meet customs laws 99. Additional restrictions on imports, exports or re-exports of specimen PARi; XII-NATiONAL PARKS AND WILDLIFE Fu"ND 100. Establishment of the Fund 101. The fund to invest in the Minister 102. Advances to the Fund 103. Objects of the Fund 10-i. Application of the Fun<l 105. Books and otber records of account, audit and reports of the Fund 106. Holdings of the FunJ 107. Financial year PART XIU-:-PENAL TIES AND FORFEITURES 108. General penalty 109. Offences re[;:,.ting to g~me species 110: Offcn~~s relating to protected species other than g;:,.me species 111. Offences relating to import, export or re-export of specimen of protected species or listed species 112. Offences relating to devices 113. Forfeiture as an additional penalty 114. Conditional order of forfeiture 115. Seized goqds to be subject of forfeiture order 116. Surrender ( of licence, pem1it and certificate in event of conv.Jction PART X]V-DrsPOSAL OF GO\TR:-P.-lENT TROPHIES, AND FORFEITED S?ECI~fENS, Dn~ITSTIC A:N1M,\LS AND ARTICLES 117. Disposal of specimens by the Chief Parks and Wildlife Officer ], 18. Disposal of dead or live specimens of protected species or listed species 119. \foney from sale of specimens to be paid to Fund 120. Specimens or articles to be held by the Chief Parks ;ind Wildlife Officer PART XV-?v11SCELLANEOUS 121. General indemnity ,,io. 11 1\'u1iu11a! Parks ancf Wildlife 122. Implements of agreements l 23. Regulations PART XVI-REPEAL A1';D SA VIN GS 124. Repeat c:nd savings An Act to consolid~te the law relating to national p:.1rks and wildlife management; to establish the Wildlife Rcs{!arch nntl Management Board; and to provide for matters incidental to or connected therewith ENACTED oy the Parlia1nenr of Mala\vi as follows PART [-PRELI:,tiNARY 1. This Act may be cited as the N:i.tional Parks and Wildlife Act. 1992, and shall come into oreration on-;J. date to be appointed by the Minister by notice published in the Gazette. 2. In this Act, unless the context other.vise requires "aircraft" includes ,11! flvin!! ·lllachincs. whether or not powered by engines ·of any sort,~·-.vl1ctl1cr captive, navigable, or free, and whether or not controlled by human,agency, and all ground effect mo.ch incs or hovercraft; "animal" includes any member of the animal ki;igdom and includes man; "Board" means the \Vildlife Research and Management Board established under scclion 17; "certificate of ownership" has the meaning ascribed to it under section 88; "dangerous animal'' in.eludes hyaena, lion, leopard, hippo, elephant, rhinoceros, buffalo, 10r crocodile; "dependent young" means any juvenile animal pate:i.tly depending on ,tn adult of the same species for sustenance or protection: "domestic anim;il" means any animal which is sufficiently tame to serve some PFrpose for the use of man, whether or not such use is utilitarian. and includes individual animals which were once tamed or which are in the process of being so tamed; "Fund" me::ms the Nation:i.l Parks and Wildlife Fund estab lished uuder section 100; "game species" mc1ns a species or animals designated·.as a game species under section 44; "Government trophy" has the meaning ascribed to it under section 90; "hours of darkness" mc:1ns the period between one half hour after sunset and one half hour before sunrise; "hunt" means to attempt to take: "officer" means the Chief Parks and \Vildlife Officer and any other officer ::ippointcd pursuant to section 5; Short title and coIT'..mence mcnt Interpreta tion· 5 6 Purposes of this Act Nmivnal Parks and Wildlife- No. 11 "listed species" means plant or animal species listed under. ariy i1~crnatiorw.l, regional or bilateral agreement to which Mab.w1 or th,;"! Government is a party, and under regulations made pursuctnt to section 99; "plant" means any member of the plant kingdom and includes the seeds of any pb.nt species; "professional hunter's licence" means a licence issued pursuant to section 92; "protected area" includes a national park, wildlife reserve and forest reserve; "protected species" means any plant or animal declared 2.s such pursuant to section 43; "re-export" in rel::i.tion to .specimens, means to expon: a specimen previously imported into Mala,vi; "specimen:' means any wiid plant or animal, alive or dead, whether or .not native to i\Jala\vi, and any readily recogniznbk: p::i.rt or derivative of such plo.nt or a.nimal; "susminablc yield kvcl" means the highest rr,tc of hi1r 1:cstii'.g a specified. wildlife pop1,1lation which can be maintained indefi nitdy ·.vithout reducing the co.p:i.city of the popu!ntion to contim:e providing the said rate of harvesting; "take" -in rcbtion to a.n ani'Tial, means to wound, co.pture, or kill the ariimal, or remove or destroy its nest or egg or any p2.rt of it; ' ·'wild animal" means nny animal which is rcrae natu.rae, does riot include n.ny domestic animal; "wildlife" means any wild plant or nnimal of a species native to Mala,\·i and includes animals which migrate through Malo.1.•.i, and biotic communities composed of those species. 3.-,-..(1) The purposes of this Act are (a) the conservation of selected examples of wildlife comnrn nitics in Mala,vi; (b) the protection ofrare, endangered and endemic species of wild plants and animals; (c) the conservation of wild!ife throughout i\.fain.\vi so that the abundance and diversity of their species arc maintained at optimum levels commensurate with other forms of land use, ::-. order · to support sustainrlble utilization of wildlife for the benefit of the people of l'vfala,;.,•j: (d) the control of dangerous vertebrate species; (e) the control of import, export and re-export of wildlife species and specimens; and (() the irnplcmento.tion of relevant int~rnational. !rcati~s. agreeraents or ::my other arrangement to which Malawi or i:hc Gove,rnment is a party. No.11 National Parks mu! Wildlife (2) For the better achievement of the purposes of this Act, the Minister and every other person responsible for the administration of this Act shall ensure that any measures tc..ken or instituted under this Act arc based on the results of scientific investigation including the monitoring of species status and habitat condition. (3)-The provisions of his Act which relate to the management of species in wild habit'.l.ts, shall ref er only to species presently or formerly nht ive to Mala\\'i and shall not be construed as author izing the introduction of exotic plants or animals into wild habitats within tvfab'.vi. 7 4.-(1} The oi.vnership of every wild animal and wild plant Ownership existing in its wild habitat in Mala\1,'i is vested in the President on ~~~~1s or behalf of, :md for the benefit of, the people of Mala\vi. plants (2) Where any plant or animal other than a protected species is lawfully taken by· any person, the ownership of such plant or :.mimal slrnll, subject to the provisions of this Act, vest in that person. (3) If any protected species is lawfully taken pursuant to a licence issued under thi5 Act, the ownership of such animal or plant shall, subject to the provisions of this Act and to the terms and condttions of the licence, vest in the licensee. ( 4) If prior to the commencement of this Act, any wild plant or animal is !awfully vested in any person such plant or animal shall, subject to the provisions of this Act, vest or continue to be vested in th::it person. (5) Except with the authority under any licence, nothing in this section shall be deemed to, transfer to any person the ownership of any protected animal found dead or dying, or a protected plant that has been cut down. (6) If any person takes any protected animal or protected plant in contravention of this Act, the ownership of the animal or plant shall not be transferred to that person. PART II-ADMINISTRATION 5. For the purpose of implementing this Act,· there shall be appointed in the public service an officer to be designated as the Chief Parks an.d Wildlife Officer and other officers subordinate to him who shall be respon~ble for the administration of this Act subject to any genera~ or special directions of the Minister. 6.-(1)' The Chief Parks and Wildlife Officer shall, subject to the general or special dire~tions of the Minister, be responsible for the management 0f national parks and wildlife throughout Malawi and, in particular, for implementing 'the provisions of this Act, and shall exercise control over nation::il parks and wildlife reserves in accordance with the provisions of this Act and any order declaring a national park or a wildlif c reserve. Chief Park, and Wildlife Officer and other officers Duties o( the Chief Parks and Wildlifo Officer s Appointment of an Honorary Parks and Wildlife Officer Officers to prevent and detect offences Seizure of specimens and articie;i Nationa/. Parks and ivi/d/,fe No. 1: (2) Every 9illcer shall exercise such functions and duties :..:s may be conferred upon him by this Act or as may be delegated or assigned to him by the Chi\:( Parks and Wildlife Officer. 7.-(1) The Minister may ::i.ppoint any person to be an Honon:.ry P1rks and Wildlife 0/Ticer for such period not exce::::ding three years as the Ivlinister shall specify in the instrument of appoint ment, and may, in like manner, renew or revoke any such appoim ment and shall cause notice of the appointment, renewal or revoc.:i.tion to be published in the Ga::etre. (2) The appointment of any Honorary P.:irks nnd \Vildlife Officer may be ( a). gerleral, in which case it shall authorize the officer io ace in any part of Mala\vi; or (b) limited, authorizing the officer to act only within a specified part or specified parts of ivfala\vi. (3) An Honorary Parks and Wildlife Officer may at any time be called bv the Chief Parks :md Wildlife Officer to serve on s; ;ch official duties under this Act and for such length of time as may be agreed between the officer and the Chief Parks and Wildlife Officer. (4) Every Honoro.ry P:i.rks :i.nd Wildlife Oflicer appointed und::r this.section shall, while on official duty, be subject to the directicns of the Chief Parks and WildlifoOfficer or other officers appointed under this Act. 3. Any officer or any police officer may, without warrant, enter upon any land, building, tent, motor vehicle, trailer, aircraft, or boat· for ensuring that the provisions of this Act are being complied with, or for the purpose ef preventing or detecting arry oITence under this Act. 9.-(1) Any officer or any police officer may, without warrant, search any land, building, tent, motor vehicle, trailer, aircn1ft, bo::i.t or any baggage or package (a) if he has reasonable grounds for believing that any person has committed or is committing or is about to commit an offence under this Act; or (b) to verify any document or matter purported to have bceil issued under this Act. and if such officer f}t~ds any specimen or article which appeD.rs to have been obtained, possessed. used or about to be used in com mitting an offence under this Act, he shall seize such specimen or article. (2) Any officer or- police officer who seizes any specimen ur article pursu::mt· to subsection (I) shall g ive to the person from whom it was seized a receipt therefor in the prescribed form if any, signed by the ofTicer or police officer. Nu. 11 Na1io11ui Parks am[ Wi/J!i/e 10. Where the Chief Parks and Wildlifo Oflicer is notified in writing by the Cb.ref Public Prosecutor that no prose~ution should be instituted for o.n offence committed in connexion with or in respect of ::my specimen or article seized und~r section 9, or where such prosecution has, if concluded, not resulted in the conviction of that person in respect the~eof, any specimen or article seized shall be returned to its ownerfwithin fourteen days of the receipt by the Chief Parks arrd Wildlife Officer of such written notice from the Chief Public Prosecutor: Provided that my such specimen or article shall not be so returned if the court has ordered it to be forfeited or destroyed under the provisions of tb.is Act or any other written law. 11. Any officer may place or cause to be placed a barrier across any road for the purpose of examining or searching any motor vehicle or trailer or questioning any person: Provided that such barrier shall coflf orm to specifications laid down by the Chief ?arks c..nd \Vildlifo Officer who shall act in consultation with the other relevant authorities including, more particularly those respon..sible for roads and road traffic. 12.-(1) Wherb my person is found committing or is reasonably suspected of having committed or of being about to commit an ofience under this Act, an.y officer may without warrant arrest such person. (2) Any person arrested pursuant to subsection. (I) shall, as soon as possible, through police officers be charged with the appropriate offence and be taken before a court, and shall not be detained longer tji.2 .. n. is necessary. Return of seized specimens and articles 9 Barriers to be placed across roads Arrest of persons for committing otTcnces 13.-(1) The Chief Public Prosecutor may, at the written request Prosecution of the Chi~f Parks and· Wildlife Officer, in writing nomi..-riate, by by officers name or rank, any officer or class of officer of the Department of National Parks and Wildlife to undertake and prosecute criminal proceedings in respect of any, offence alleged to have been committed by any person in con~ravention of this Act and may at any time, without assigning any reason thereof, in writing, cancel any such nomination. (2) In undertaking or prosecuting any .proceedings pursuant to subsection (1), such officer shall ~ct in accordance with the gen eral or special directions of the Chief P1:1blic Prosecutor and shall, for the purpose of any such proceedings, have the powers of a public prosecutor appointed under any ,vritten law for the time being in force. 14. Any document issued pursuant to this Act shall, upon Production request, be prqduced by the holder thereof for inspection by any r1/ocuments officer or any.police officer. inspection 10 Obstruction of oif;c-:rs, etc. Offici:il E3tablish ment of the Board Compositioa of the Board National Parks and Wild/1/e No. 11 15. Any person who ( a) obstructs anyrofficcr in the performance of his functions under this Act; (b) refuses to furnish to any officer on request, particulars or information to which the officer is entitled by or under this Act; (c) wilfully or recklessly gives to any officer false or mislead ing information which the officer is entitled to obtain under this Act, shall be guilty of an offence. 16. r y person who, vvithout lawful authority (c) alters, defaces or removes any official record maintained in pursuance of this Act or any regulation or order made under this Act; or (b) alters oi; defaces any prescribed document issued under this Act, shail be guilty of an ofience. PART llI-W!LDLlfE RESEARCH.AND r.·1AJ."lAGEMENT I30ARD 17. There is hereby established a board to be known o.s the Wiidiife R~carch and Management Board. 18.-(1) The Board shall consi~t of (a) the following e:c officio rnembers 6) the Chief Parks and Wildlife Officer; (ii) the ofllc~r-in-chargc of the Department of National Parks and Wildlife Research UPJt; (iii) the head of Department of Antiquities; (iv) ~he Chief Forestry Officer or his duly designated representJ.tive; (v) the Chief Fisheries Officer or his duly designated representJ.tive; (vi) the Chief Tourism Officer or his duly designated representative; (b) ·cwo members appointed by the Minister, from University of Ma!a\'.:i, each of v;•hom shall be a person with. recognized qualifications, experience or specialization in matters relevant to conservation, prescrv:ition or protection of wildlife; (c) one m~mber representing the Wildlife Society of Mala\\'i and nominated ,by the society's National Executive Committee and appointed by the ~v1inistcr; and (d) not less than three and not more than five members repre senting the general public appointed by· the Minister. (2) The minister shall designate one of the members to be Chairman of the B,oard. (3) A member of the Bo:ird appointed under subsection (1) (b), (c) and (d) shall h~ld office for a period of two years unless his No.11 Nation~il Parks awl Wi!.l!ife appointment be sooner terminated ~md sh:tl.l be eligible for re appointment. ( 4) The membership of ,he DoarJ J.S tJrst and subsequently appointed 2.nd cycry ch;inge in the membership to the Board shall be published in the Ce=ette. (5) The office of the Chief Parks and Wildlife Otfic:er shall pro vide the Secretariat of the Board. ( 6) The office of a member appoi n ti.:d pursuant to subsection (l) (!;), (c) ::md (d) sho.ll becor.:c \':J.cant (a) upon his de,tth; (b) if he is absent from three conscc.:utive meetings of the Board without the :1pproval of the Chairman or without other valid cause; (c) upon the expiry of one month's notice in writir:ig of his intention to resign his office. given by the member to the Chair man; (d) if lie is L'Otn ict~d or ,tit ofTencc unJ-;;r this Ace; or (e} if the rvlinister so dircl·ts. 11 19. Tl,e function of the i3oarc.1 shall be ro ~ldvise the Minister on Functions o( ,lll matter:; rcl.1ting to n:i.tional parks and wildlife management in the Board Mal:ti'i, inclu;:.iing in parti.cufar but not limited to (a) advising on the d.ecb.rntion of are:ts which. for the purpose of prote•.:ting wildltfi-'. 0,pecic::i, bi8tic com:nunities, sites of speci::i.l interest or aesthetic values, the Board considers should be declared national parks or wiidlifc reserves under this Act; and (b) advising on the import. export and re-export of wildlife specimens into and out of \·fal,:l\vi. 20.-(1) The Board shall meet not less th:.rn twice a year at such places and times as the Chairm~n may determine. (2) The Board shali further mecc·at any time at the request, in wTiting, of any three of its members: (3) The Board may o.t the discretion of the Chairman invite any person or persons to atteml,any meeting of the Board and SllCh person or persons may take part in the proceedings of that meeting but shall not be entitled to vote. (4) In the absence of the Chaim1an from any meeting of the Board the n:embers present, if constituting a quorum. shall elect one of their number to preside 2t ~he meeting. (5) A majority of the members of the Board shall constitute a quorum. (6) At all meetings of the Board the decisions shall be rect.ched by a simple majority, o.nd the Chairman or other person presiding shall have a deliberative vote :--,nd. in the event of o.n equality of votes, shall have a casting vote. Meetings of the Board Members of the Board not deemed public o{ficcrs Allow:'.nc~ Requcsis to conduct wildliie imP<tCt a~1c~.smerH~ Submission o[the as3essme:1t 1eport3 to che .Minister Contents of itie ""ssess meat reporti National Parks and VVildlife No. 11 (7) The Chairman of the Board shall report to the Board at each meeting thereof the action taken in respect of any matter on which the Board has advised the Min..ister. (S) The Board shall determine its own procedure. 21. ,A member ofjhe Board who is not a public officers hall not, by virtue only of his membership to the Board, be deemed to be an officer in the public service. 22. A member of the Board, who is not an officer in the public service, shall be paid an honorarium determined by the Min.istcr and shall be pa.id his reasonable travelling expenses and subsi stence allowance while eq.gaged upon the business of the Board at the rate prescribed by the ?vi inister. PART IV-WILDLIFE IMPACT ASSESSMENTS 23.-( 1) Any person who has a good and sufficient reason to believe that any proposed or existing government process or activity of the government or any other org,:mization or person may ha;,·c an adverse effect on any wildlife species or commun.ity ·such person m::i.y request, th-rough the Board, the Minister that a wildlife impact assessment be conducted. (2) \Vhenever the Minister receives such request under this section he may within tl;irty days of receipt thereof cail upon the Board to conduct the assessment. 24.-(1) 'iVhete the Board is called upon pursuant.to section 23 to conduct a wildlife impact assessment it shall ur·ange for the assessment to be conducted and shall submit a report of its findings to the· M inister within ninety days of being called upon to conduct the assessment. (2) In conducting the assessment, the Board may use any powers J.vailable to it under this Act as it may consider necessary, and may utilize the services of the Chief Parks and Wildlife Officer. 25. ~ny report submitted by the Board to the Minister pursuant to section 24 (I) shall include (a) a. statement of the existing or anticipated impacts upon wildlife, including an. account of the species, communities, and h::i.bit:i.ts afl'".:cted an.d the extent to which they are or may be threatcr.cd: (b) a statement of ·whether rare, endangered or endemic species are or may be· aITectcd; (c~ a list of alternative actions, including inaction, which migh·t be tal.:.e:i to remove or lessen adverse imp::i.cts; and (d) its recommcndJ.tions for subsequent government 1ction. No. 11 .National Parks and Wildl[(e 13 P.\l~T V-NAT!O)l,\L P,\RKS AND WILDLIFE RESERVES 26.-(l) For the purposes ot· this Act, there shall be decbrcd Decl:tfarion of national protected areas of public bnd to be known as national parks- or parks or wildlife reserves. wildlife (2) The declaration and ,management of national parks and wildlife reserves shall be subject to the provisions of sections 27 to 41. reserves 27. The purposes of rw.tiona[ r:,rks and wildlit\: reserves shall Purposes oi be- national parks :ind (a) to preserve selected examples of biotic communities of wildlife , 1 ] · • · d 1 • h · l · reserves !Y' a aw1 an L1eir p ys1ca environments; (b) to protect areas of aesthetic be:i.uty and of special interest; (c) to preserve populations of rare, endemic and endangered species of wild plants and animals: (d) to :1ssist, in w:1t,..:r catchrncnt conservation; (e) without prejudice to the purposes lis'ted in paragraphs (a) to (c!), ,rnd within :i.ny itmitations imposed by them, to provide faciliti•~s for studying the phenorncnzi. therein for the ;:i.d v,~ncemcnt of scierrce 2.nd understanding: and (J) without prejudice to the purposes listed in paragraphs (a) to (c), and within any iimitc1.tions imposed by them, to provide facilities for public. use and cnjqyment of the resources therein. 28.-(1) The Minister may, by order published in the Ga=ette, declare any area of bnd or water \\ithin i\fal..l\h to be a national park or to be a wiidiife reserve and may, in like manner, c1.lter the boundaries of, or disestablis.h, any national park or wildlife reserve so declared, and the :vlinistcr shall first require the matter to be comprehensively studied by or under the auspices of the Board. (2) The J\linister may arnen<l such order, but any order the purpose of which is to alienate or excise land from a national park or wildlife reserve shall be of no effect unless ar.d untii approved by a resolution of the Nc1.tional Ass'embly. (3) Any study made pursuant to the provision of subsection (1) sh1l.ll investigate the ecological consequences of the proposed boundary change or disest2..b!ishment, and the report of the study shall be submitted to the ivf inister together \\·ith the advice of the Bo;:i.rd within ninety days of the study being made. (4) The Minister shall not decide upon· 2..ny proposal re!J.ting to boundary change or disestablishment of. any national ;Xl.rk or wildlife reserve until he is in receipt of a· report made pursuant to subsection (3). Procedure. for decb.r.:itioa of national parks or wildlife reserves .-\cau1sition of \~ d f0r :iationc.l rx:.:-:-:s c:- \\·iid li fe rcsen:cs C1p. 57:0!, C1p. 58 :04 T.:mpor:iry ,nanagcni::!ht measures Dc:scrip: tun o( thi..! are:1 to b.: dec!:ircd a n,icional p:1r:..: or \Vti1I ~fc rc.,crvr..:: f':-ohibition of cntcrinl?. or residing in no.t!onat parks or wildlife reserves wnhout authoriry ,Vatiun,d Par!,;s and Wildlife ">,f C 1 .. ,o . .!..J. 29. Any arc:t of 1:in.d proposed for nation::i.l parlc or wildlife reserve st:ttus :rnd \'.·hich is not public land shall first be acquired ~,s public iand iil J.ccord::i.n,;c with the provisions of the Land Act ,uld LJ.nds AcqLiisition ,:,,ct. JG.-(1) When an are:1 is proposed for declaration [LS a national park or .wildlife reserve :.1nd action to do so in ::i.,:;cord~rnce with this Act has been started, the 0-!inistcr mo.y, on the rccommenc1,a tions of the Doard, make ::i.dministrative arrano::ements for man aging the ::re::i. by imposing tempornry management measures cffcct:vc t'or a period of not exceeding six montl1s pending dec!o.,:1 tion cf the are:1. as :.1 n.itional uo.rk. or wildlife reserve, and shrJl cause notice of the institution of such arrJ.ngements to be given in tile Ga=et le. (2).Arw area to which tempor:i.ry management measures apply shall be rnana~cd bv the Chier Parks and Wildlife Officer in o.ccor d~:t .. cc \Vi Lh th,~---:--:dr11 f nistrati ,·c ~1rr.:1ng~n1ents n12.d~ under subsccric :1 CD (3) Any person whet fails to ccmnly with any directive or in,struc tio:1 cf :he Chic: Parks and \Vildli;'c Olficer or of o.nv offlcer du> 1clin2: on b-clnlf of :he Chief I\1rks and \Vi!dlife Offic~r in the 111:ni agemcnt of an area under this section slw.11 be guilty of an of fence; and for the avoi9-ance of doubt, the offence hereby created. is :i. strict li~1Jilic:.' offc:1-.:.:e. 31. Any or~ler mad·c under section 2S declaring a national p~1:rk or':i. \vild!ifc reserve shail incorporate a description of the ::i.re:i. which sh<1:ll inc:iude {a) the proposed name of the national park or wild! if e rescr 0.1e; (b) Jn c:, ::tct dclimit:uion. of the bounc.hry wl1ich sh:dl include :..1 d::scription of the bnd \vhich may have been l\cquircd pursu,mt to section 29. 32.-(1) Any person who, except in accordance with the pro~ isions of tl:is 1\ct, caters into or rcsic.lcs in, or attempts to enter int'o or reside in, any-nation::!.[ park or wildlife reserve sh,1.ll be guilty of an olknce. (2) Tr/is section sk!.l! ilOt aprly to (a) the J\finister, the Chief Parks and Wikllife Olficer, :tny member of the B,xtrc!, or any officer :1.ppoi!1tcd fr,r the pmpo~c:; of this Act: (b) ,my cmployc-c of the Department of Natior:al Parks :J.I:Q Wildlife or .:t:1y police officer on official duties requiring his presence in J. n::,,tional p:1.rk or wildlife reserve; or (c) any r~rso,1, in possession of a permit to enter or reside i:1 the n~'.tionr:,l prk or \,.;Id!ife rc~c,rvc issuc-d under subsection (J\. (3) TI1e Chief P:1d:s and Wildlife Officer may issue to any person a rcrmil;, in the prescribed form, to enter or n~side in any No. 11 Natiunal Parks and Wildlife ·---· ---· national park or' wilulifo reserve, subject to payment by that person of the prescribed fee, if ,my. 33.-(l) Except as otherwise provided by section 39 or by section 40, any pe.-son \vho conveys irito, or possesses or uses within, any n2.tion;il park; or wildlife reserve any weapon, trn.p, explosive or poison shall be guilty of an ofTcnce. (2) This section sli::.ll 110t apply to any officer acting in the performance of his duties. 34. Any person \':ho discards or deposits any litter or any waste material in a nation:-.! park or a \Vildlife reserve otherwise them into a recept2.cle pl'ovided for the purpose shall be guilty of an offence. 35. Except as otherwise provided by section 39 or by section 40, any person who, in a national park or a wildlife reserve (a) hunts, tak~, kills, injures. or disturbs any wild pbnt or animal, or any domestic animal or cultivated plant occurring Ia \vfolly therein; (b) t:.i.kes,' c!estrnys, d,1.m:,gcs. or de!"aces any objecl of geo morphologidl, o.rchaeologi~al, historical, tulturnl, or scientific interest, or Qny strncture lawfully pbc~d or constructed therein; (c) prepa,·es land for cultivation, pr<;.>spects for minerals or mines or attempts 2.ny of these oper~,tions; (£1) drives, conveys, or introduces any wild animal into a nationd park or wildlife rescr'ic; (c) drives. con.vcys or introduces :i,ny domestic animal into u nation8.l park or i.vildlifc res~rvc. or who permits any uomestic animal, of which he is for the time. being in charge, to stray into a national park or wildlife reserve, shall be guilty of an offence. 36. Any ollker who finds ,t domestic ,'.nimal within c1 national park or wildlife reserve and is satisfied that its presence th~re is unlawful may destroy the ani1112.l forthwith, and the owner of such ai1imnl shall nor be entitled-to compcns~1.tion. 37.-(1) Except as othFrwise provided by section 39, any person who conveys or introduces :.my pb.n"t, whether of a wild or culti vated species, into a national park or wildlife reserve shall be guilty of an offence. (2) The Chief Parks and Wildlife Officer may order the destruc tion or removal ofr .. ny plant; ~rnd any scc<.lling or off-shoot thereof, brought into a national park or wildliC~ reserve in contravention of subsection (1). 15 Prohibition of possession or use of wcapa!ls, traps, exj)losivcs or poisons Prohibition of dcoosition of litter or waste Otller prohi bited acts in a nationo.l park or wildlife r.:serve Destruction of domestic animals by officers Prohibition of introduction of plants into no.tional parks or wildlif<.! reserves 38. Except as otherwise provided by section 39, or by section Prohibition 41 (2) (b), any person who starts or m:dntains aay fire in a n::itional r.gains, 1irc in dl . • I [I b ·1 ~ er the national p<1rk or wil :1e reserves u ~ gm ty-or :in 011cnce. park or wilu life r~scrvc 16 Va:ionul Parks and Wildlife · Control of harvest in natinn:il p:irks or wildlife reserves .13oar:d. fo be uppris~ of the dafa Regulations for use of national ;nrks or wild\ifo :-::serve:! 39. \Vherc it iS incendcd to harvest resource within a nation'.!.[ park or wildlife rcscrvc (o) the Chief Parks :.i.nd Wilulif'c Officer m:iy, subject to th<.: provisions of this :\ct. issue J.Uthority to any person, in ti,c prescribeJ form, absoh ing him from compliance with tl:c provisions of sections 33 (I) and 35 (a) to the extent specifa:d in the authority; and (b)the-Cbicf Parks and Wildlife Officer shall be responsibic for regulating and controlling harvesting in the nation::i.l p2.rk or wiidlife reserve; and in exercising his responsibility under .this 02.raQraoil the Clticf Parks and Wilulife Officer shall ensure that the· :mnual harvest does not exceed sustainable vield level unless it is jL:dgcd desirable by the ?v1inister to exceed te.mporuiiy such kvel for tbe purposes of management. HJ.-;( l) If Lhe Ch:ef P:1r ks :.ind Wildlife Of1icer is satisfied that an otherwise ur1lo.wful act specified by sections 34 to 37 should be c1rried 0ut in any nati6n:il park or wildlife reserve in the interests ·of better wildlife m:111::igement, he shall apprise the Board of ::-Ji data rclc1:,rnt cm th!> subject and sh:-ill request the opinion ot tiH: I3qard. (2) ff the Bo,'.rd, li2.ving considered any matter submitred :):,., the Chief Parks ,rnd Wildlife Officer pursu::mt to subsection ( 11 . is of the opinion. tharan otherwise unlawful ace should be carrie:;i out in the interests of better wildlife management, it shall, with the ;:rp;:;roval ·of the ,\1inistcr. issue written instructions to any nillcer :rntl:orizing him to ur,dcrtake the act. ~1. :. (l) The i:Vl inister sl.J.all, by notice published in the Ga::ettc, m:1ke .provision to the extent necessary for implementing manage ment m•;:;::isurcs of nationc..l parks and wildlife reserves. (2) Tile ?\fo1istcr may, on :.he recommendation of the Bo:lrd, make·reguL.i.tions which sh:1l[ provide for (u) conditions under which any person, vehicle, boat or airc,o..ft may enter, tr;.i.vel through, reside in, er be kept in :.; national park or wildlife reserve; (b}. tile prohibition or regulation of lighting cimp or picnic fires in a nation::.! park or wildlife reserve; (c) fees for cr?.try into n:itional par~s or wildlife reserves or for services or amenities proviJcd therem; (d) prohrbition or.control of low flying aircraft over a national park or \\'ilulife reserve; (e) rules fc1r persons with.in a national park or wild!it~ reserve; (J) proh\bition or control of commerci::il enterprises with.in 2 no.tional park or wildlife rcsei;ve; and (g) the efficient m:inagement of a nationai park or wildlife iCServe. No. 11 Nu1io11uf I'urks llll(f /Vi!dlife (3) Any person who cor(tr~l\'enes the provisions of any regub. tions made under subsection (2) shall be guilty of an oiTcncc. PART 'I/I-PROTECTED SPECIES 17 42. The purpos~ of this Part is to provide the cl.:l.ssification of Pt:rposc of species of wild plants and ::rnimals as protected species in order th15 Part that those particular species of pbnts or animals are accorded appropriate management priority. 43.-(1) The Minister may, from time to time, on the recom mendations of the Board and by order-published in the Gazette, declare m1y species of wild pbnt or wild animal specified in such order to b<;classified as a protected species under this Act. (2) Any order made under subsection (I) may apply to an individual species throughout i\.h\la\,·i, or to all or some species in a specified area, or to varieties of a species including sex and age groups~ Dcclarntion of protected species 44.-(1) For the purposes of this Act, protr::ctcd species of 0:.mc sr.ccici animais shall be classificci as game species. (2) The Chief Pirks and Wildlife Officer shall, after consu'.ta tion with the Board, o.nd nbt later tlrnn the teP.th day of November each year, c:1usc to be pubiished in the Ga:::cue a list of all species that are to be classified as; game species under this Act during the following year, and such list shall take effect from the first day of January of the following year. (3) The Chief Parks and Wildlife Officer, after consultation with the Board may, at any tirt1e, by notice published in the Gazette vary the list, in effect at that time, of garrie species. 4::,. Wild plants and animals oth';!r than protected species shall not be subject to the restrictions on hunting or to.king under Part VII, but shall be subject to all other provisions of this Act and to the provisions of any other written law. PART•VII-LICENCES TOT.AKE OR HUNT WILDLl.FE Animals or p!:.nts which are not protected sp::cies 46. The purpose of this Part is to regulate the hunting and Purposes of taking of wildlife resources. P:i.rc vu 47.-(lJ Except as otherwise provided by t,his Act, any person who hunts or takes any protected species, except in accordance with the conditions of a licence issued pursuant to this Part shall bl;! guilty of an offence: Provided that any officer sf1all not be required to possess a licence while acting in the performance of his duties or in exercising his powers under this Act. (2) In any proceedings for an offence against subsection (1) the onus of proving that the hunting or the taking was in accordance with a valid licence shall rest upon the accused. General prohibition :i.g.:tirtst hunting or taking without a licence 13 C::isses of licence, Licence not tran.sfer~blc Bird licence Game licence Nariano! Perks ar.d Wildlife ,~3.-( l) For the purpose? 1Jf this ,\ct there shall be the foi!o\i'ing ciasses of licences (a) a bird licence; (b) :, g:.imc licence; (c) hunting licence; (d) :t sr,ccic1.I lic.erce; :rnd (e) a visitor' slicence. (2) The :'vlinistcr •m:-ty, on the recommendations of the Board o.nd not I,iter tlrnn the tenth d;iv of December each vc:.:.r. bv notice published in the C7a=ette. pres~ribe in respect 0f tl{c fort!{coming year (a) the c:onditivi1S att:~chcd to c2-d1 cb~s of liccl1cc::;; (b) tl1c numbers of c:!.r~!1 do.ss of licences which may bi::: issued during•thc course of a year for specified areas; (c) the rn~thods by which e2.ch c!.'.l~s of licences m:::1 be issued or offered for sz.Ic; (L/) the SIJC:..:ics~ :~or~s or v~~!cties~ 2.nd the nun1bers or Lf LLtntitics of cad1 class ,.-,llich may be hui,ts::d or ia~,cn ; wucr ::-:tell class of licences; (e) tl1c ,r:ethods ,,f hunting or t:,king which may or may r.ot be used: (f) the arc:.:s :~nd times oC the yc:1r in or during wi1icll hunting or to.king is lawful; :rnd (~) the fee\ pay~~blc in respect of each c!ass of li, .. ~c-:1c~s. (3) Licences un(kr ~his Act shall be ,issued by the Chief ?arks :ind \:/:ldlifc Officct·. other officers subordinate to him as he may authorize in that be hdf ::nd such other persons :.:.s the .tvlinister m2.y by ,y.lt;ce in th<! Ca~ct!~ dcsign::.te as persons also authorized ro issue ltccnccs under t!11s l\c:·. (4) Every licence under tlus Act shall be in the prescribed form and sh:i..ll be issued uron '.'..pplicr,.rion made in the prescribed form. (5) c;o licence und·2r this Act shri.II be issued to a person who has not attained the age of eighteen years. 49. Except a'.-r othcrw;se provided by the Act, any licence issued unckr this Pan shall not be tr:.insfer::i.blc to 2.ny other person. :,i).- \ \ 1 1\ bi rd ii,:cncc shall :n1thorizc the licensee to hunt species pf birds specified in the licence subject to and in accordance \•;ich t;,e cond[tions rrescribcd generally for such class of licences or speci::lly endorsed Llll his Ecencc. '(2) Subject to scc:ion 52, a bird licence shall only be issu~d to citizens or resiJcnts of Mala\\'i. 51.-{ i) Subject to tl1e provisions of this Act and the conditions prescribed for such (iccnce, -~ ga mc lice nce shall, :,1uthorize t1:e licensee to 11unt species spec:,ted m the licence suoJect to and m :.'-io. 11 .\'u!iunuf !'arks ancf IVi!d/ij~ accord:1ncc with th8 conditions prescribed generally for sw;h class of licences Of spcci~tlly en<.lorscc..l on hi:, licence. (2) Su.bject to scc'tion 52, ~i g:.une licence shall only be issued to citizens or resiuents uf ?via!:i,,~·i. 5'2. Notwithstanding sectiuns 50 anJ 51, J. visitor·s licence sl1J.l1 oo.ly be issued t~ a visitor to i'.fala\\i on such conditions as the ?·.-linister m:iy pre~ribe, and shall authorize th(; licensee to hunt birds or gn.me. 53. A special licence sl:::ill be issued in respect of protected species and shall authorize ihc licensee to hunt or to take protected species specified therein subject to and in accordance witl1 the conditions prescribed gcnewlly for: such ciasses of iicence specia.!ly endorsed on rus licence-and in every case sh.1.ll b~ issued for the purpose of (a) scientific resc:irch or the furtherance of scientific research r·::lativc w the 'species; (b) ~c.:icntific or edL1c::1tional or other proper use of the species '!:~J zooiogi,:2.i in.srit:.itions~ L:0~~.n.ic2.l g:trrl~ns, educ~tional institutions, rn~sc·..1rr:.s, hr::r:Jaria ~r;.J like inscitutions. Visitors licence Special licence 54. A hunting Ec;::nce :::hall :i.uthorize the licensee to hunt Hunting protected species in. a specified nrctiona[ park or wildlife reserve licence and shall be issued orJy in connexion with a professional hunter's licence J.nd subjcc: to 2nd in accord:1ncc with the conditions prescribed generally for such cl::iss of licence or specially endorsed on his licence. 19 55.-(1) The Cb.id" ?o.rks and Wildlife Officer may refuse to Grounds on issue v.. licence if- which a licence may (a) the 2.ppiic::i.nt fa.iis to comply with unr prescribed condit:ion; be refused (b) any licence formerly !1eld by the c.pplicant'under this Act has been revoked by the Chief Parks and Wildlife Officer within the prcY.ious twelve months; (c) the applicant has bcertconvicted of an offence ·under this Act during the previous twenty-four months; (d) the Chief Po.rks and Wildlife Officer is .fatisJicd on reason able grounds that the applicant is not a fit or proper person to hold such licence; or (e) the Chief Parks :l!ld \Vi{dlif~ Ofi1cer is satisfied· that the interests of wild11fe mmagement wili be better served by a temporary freeze i1;1, issuing of licences of that class. (2) Tne Cl.Lief Parks and Wildiif c Officer shall, if requested by the applicant, notify the :ipplic::i.nt in writing of any refusal under this section, 2.nd sh::tll state his rc1.sons therein. I 20 /\ppcal to tnc r-. tin istcr .1g:iinst rcfus:ii of is,u:ince of liccnc: C:incclbtion of :l liCCiiCC , r,~o.i to th:: ~" 1irlis~er upon c;1nceii.1t!on of :i. liccr.ce Natio,wl Parks and /Vild!i/e .No. 11 56.-(1) An :1pplic:1nt who has been· refused ::i. licence under sectio·n 55 may ::i.ppc:::.l to the .Minister in writing within thirty d::i.ys after tb:: c.b.te of a notice' given pursu:mt to section 57 (2) but the ;\·Iin..istcr mD..y, on proper c:1use sl1own, allow o.n appeal out of the time prescribed. (2) The Minister s h::i.11 b9 free to hear the views of the Chief Par}~s :ind Wildlife Officer in determining an appeo.t underJJ1is section and mo.y u·phold, vary or quash the decision of the Chief Parks and Wildlife Officer. (3) The decision of the ~l'!inister on determination of an appeal sbail be 11, .,.'l.::tl. 57.--(1) The Chief Parks and \Vildlife Officer may revoke any licence issued to :rny person under this Part if he is reasonably sitisfied of the existence of any ground that would entitle him under section 55 to refuse to issue a licence to that person. (2) The Chief P2.rks and Wildlife Officer shall notify the licensee in writing of ::ir.y cancellation under this section and shall sto.tc his reasons in writing. 53.-(i) :\.ny 1iccri~:;e 1,vhosc licence is canccIIcd under s~·-:tion 57 . m::ty appc;:,l to the ),fouster in writing within thirty do.ys after the date of ::i. notice given pursuant to section 59 (2) but the ?vr inistcr may on proper co.use shown. allow an appe::d out of the time prescribed. (2) The r,finistcr shall be free to hear the views -of ~he Chief Parks and Wildlife Oflicer in determining an appeal under this section and may uphold, vary or quash the decision of the Chief Parks and Wildfifo Officer. (3) The decision of tr.e Minister on determinaiion of 2..n appeo.1 s p.ail be fi n:i!. Crncell::ition 59.-(i) The .i.\·!irrister may, on the advice of the Beard or the or susocnsion Chief Pi!rks and Wildlife Officer, susuend or cancel any licence of a licence, issued under this Part, either in its entir~ty or in respect o(spccificd areas, periods, species, or sorts- or varieties of species, if the interests of wildlife management so require. (2) Uoon suspension or cancellation of any licence under subsection (1), the.,Chicf P:1rks and Wildlife Oilicer shall notify the iicensce ther,eurider either (a) in the case of a.n individual licensee, by written notice to him; or (b) in the c2.sc of a general suspension or cancc!btion, by publishing, notices in the Gazette and in two consecutive issues o~ the daily local newspaper. (3) A notice issued under subsection (2) in respect of cancella tion may request surrender of licences to the Chief Parks and Wikllifo Ofliccr. No. 11 Hdticnul J'orks and JVi!c!life ( 4) A licensee under any licence suspended or cancelled under subsection (1) may appeal to the tiinistcr in writing within thirty d2..ys after the date of :1 notice given 'Jndcr subsection (2) (a), or thirty days after public:1..tion of:t notice in the Ga.:etfe made under subsection (2) (b). (5)-In determining such appeal, the 0,-!inistcr shall be free to hear the views of the Board or the Chief Parks and Wildlife Officer. (6) The decision of the :tvfinister on determination of an appeal shall be fin:i.l. 60.-( O Every licensee under this Part shall (a) have the ficence in hi? possession whenever he is hunting or taking any animal or plant; (b) produce the licence for inspection by D.Il officer or police officer upon request; and (c) keep a true. record," in the prescribed form, of all game species hunted or taken by him during validity of the licence. , (2.) Any pc:-scn , , ;,o contr:1..,:-::s.•2'; ~his S(:Ction sldl be guilty of :.in o!Tencc. 61. ln the ccise of :m:rm.ls (a) in- computing the numbers or quantities of protec.ted species hunted or tG.kcn under. a licence issued pursuant to this Part, only animals that u.rc killed, wo:.mded, captured or taken shall be counted; (b) if any protected species is killed or wounded through accident or error bv an·r licensee under this Part whose licence entitles him to hunc· sucii animcil shall be counted as having been hunted under sucb. licence. 62.-{1) Any licensee under this Part may employ or use another person to a.s:,it'him as a guide, tracker or porter in hunting protect;;d species. (2) Any person employed under subsection (1), not being himself a licensee, who chases, drives or employs any \Veapon against ~my protected species shall be guilty of an offence. (3) Nothing in this section shall be construed as-preventing the holder of a professional hunter's licence issued under section 92 from assisting his employer. PART VIIl-METI-fODS Of HUN1JNG AND TAKING, AND RESPONSIBILrrII:S .OF HUNrERS 21 Inspection of :i. licence and the keeping or records l\kthod of computin1; numbers or au:mtitics of inimat hunted or t;iki:n Guides, trackers and porters 63. The purpose of this Part is to regulii.te methods of hunting Purposes of and tabng .of animiils and with a \·iew to ensuring that wildlife this Part resources are ·better mana!!cd and the or,nortunit'/ to hunt made ava.ilabie to as many eligible person,~ as p~ssib[e. · Prohibition of llSt: of fires for ht.:nting Prohibition of hunting of depcndcr.C young !'rchiUted 2.C~S ~; ;:::ti:~s: ::iLin~; proi:cc:cd ! pec~cs, etc. Regulo.tions for w~pons to be used In hur:ting Prohibitic:i of hunting du.ring hours oi darkness Hunting by tro.dition11 methot!s Nutiu11ul Pur/.:.1· an,! /l'ifrl!ij"'i: i'\o. 11 64.-(l) SLtbject to su;)seccion (2), any person who, for the purpose of hunting, taking or assisting another to huut vr take, ::.:.ny wild :mim; i,l or plant, cn.usl.!s J.ny fi.re shall be guilty of an offence. (2) The provisions of subsection ( l; shall not apply to an owner of private land J.!ld tv any person acting on the authority of an owner of privat,~ hncf causing fire upon hi:,; own land: Pro,'ic.lcd that nolhing in this subsection shall be construed ::i.s (a) entitling the owne·r o~f the private land held under lea!ie; or (b) absolving the owner of the privat'e Io.nd or any person acting on his o.utlloritv from ~my offenc...: or other forms of liability under this Act or any ~tl1cr Act or bw arising from the spread of Gre or the movement 0L1ny aninw.l to adjoining land or lands. 65. Except as may be authorized umk.r a special licence issued pursuant to section 53, o r as· permitted under the proyisions of Part IX, any person who hupts any dependent young or any female accompanied by dependent young of ~my protected species shall be guiity of :rn offence. Ah ('1) Pvcc,..,.t .,s fTl'l<!b,~,.,,·tho,1·z,,rl btrri-;~cond1"t1·ons··ont"l0 n"'d vv.-\. ....... lo. 1•• • .. 4 ---·-·} -...(,. ... 1 ·- ..... ',,,J, .' ,1.C ... '-' 1..- ... ;., 1~1 ~tny liccilCl; issu2d·Llr:.dc-r d1is ~\ct, :!ny p::rson \vl10 (a) for tue purpose of or in connexion '.Vith hunting or taking of procected spe~ies, possesses, prep:1res; makes, buys, sells or uses any poison, birdlime, trap, nee, sn2.re or similar subst:ince or device c2.p~1.ble of killiug, c:2.pturir:.g er wounding, any protec ted species; (b) makes, prepares or uses any excavation, fence, enclosure or ariy devic,~ fL\cd to the ground or upon plants, capable of killing, c::.pturirig or wounding, any protected species, shall i:;e guilty of an offence. (2) The 0<1us cf proving that an act under this section was done lawfully shall lie on the accused person, 67.-( 1) The 2v1inister may from time to time, on the recom mendations of the Board or t!.ic Chief Parks and Wildlife Officer, make regulations specifying the types, sizes, and calibres of wea pons which may lawfully. be· used for hunting any protected species. (2)' ,~ perscn who concr::.ver.cs the provision of any rcguhtion made under this section slnll be guilty of an offence. GS. Except ,1,s may b~ autitorized by tile conditions contained in :my licenc~ issued under Part VII, any person who, during the ho"u.rs of .:fo.rkn~ss, hunts or nssists i2 the hunting of any protected spcdcs shall be guilty of o.n offoncc. 69. Subject to regul::l.tions made by the Minister under this Act or ~my other ,.vritten bw, nothing in this Act shall be construed to prohibit the hunting of ~nirn2.ls by traditional methods in places. other than protected c.rc::i.s. i'fo. 11 70.~(l) Except ,1.s provid,.::d by subsection (2) or as 1~1ay be authorized by th<:: conditions contained in any licence under this :\ct, any person who (u) disch::i'.rg,;;s :i.ny wectpon ,:t crny protected ~pecics from or within fifty metres of any motor vehicie, :;;.ircraft, or boat; (b) uses :my motor vchick, ,~ircraft,or boat to drive or stam pede any protected species; or (c) uses any nircr~ft or radio communication system to locate any protected species for the p"Urpose of hunting it, shall be guilty ot' Dn offenc.::. (2) Nothing in subsection (1) she.!! prohibit the use of a motor vehicle, ::i.ircraft or boat for the purpose of driving off any wild animal from the !and or water upGn. which an ::i.ircraft is about to land or tdce off. 23 Us<! of motor vchick. aircraft or r:idio com munication prohibited 71.-(1) The :Minister m::i.y from time to time, on the recom- Regulations mendaticns of tJ,.e Bc~,rd, m::i.ke regul::ltions- for use of dorncstic (a) proh..ib;ting the use of ,:ny domestic anini:i.l as an aid to a,1imals in hunting any protected species: or hunting (2) Any person '.vho contravenes tllc pro\ isions of any regulation made under this section sho.!1 be guilty of an offence. 72.-(l) Tb.e IAinister may from time to time, on. the recom mendations of the Board, mak~ regulations- (a) prohibiting or controlling the use of baits, decoys, calling devices, hides,. blinds, stands, or any other substances or devices to bring protected species into cioscr range of hunters; (b) sp·~cifying the conditions ti'ndcr which any substance or device may be used to hunt any protected· species; (c) prohibiting or controlling hunting in the vicinity of salt licks, water holes or isolated watering places used by wild animal; or (d) spet;:ifying procedures which ~my hunter may be required to follow,after killing any protected species. (2) Any person who contr:i.vencs the provisions ·of any regula tion made under this section shall be guilty of an offence. PART IX-Htn-i"TING DAt,GE:ItOU5 r\Ni!,lALS, KILL!l\G IN ERROR \VOti'1\'Dl!-iG A~'D f'ilOLESTING A,,m,tALS ' 73. The purposes of tbis P:i.rt are (a) to authorize the killing without lic:!nce of protected animals under circumstances where human life or property is threutened bv the animals which circumstnnces arc defined in sections 79 and so·; Rcz;ttl;j,tions for use of substances or devices in hunting Purpose~ of this Part 24 Killing a protected :rnimal in self-<.kfence Killing a g:1me anim:i.l m defence of property Ownership of c::.rc:!ss noc tr:-:..nsferrabie Reports to be made to .:i.n officer where protected anirn.:i.ls cause d3.!l1age to property National Parks and Wildlife No. 11 (b) to m:ike provision with respect to the killing or wounding of protected 2..n.imals through error or accident; (c) to provide for subsequent action to the wounding of a d;::.n.gerous animal; md (d) to prohibit molesting or ill-treating wild animals. 74. Any person may k1l! or attempt to kiil any protec·ted animal in defence of himself or of ,:mother person or any property, crop or domestic animal if immediately and absolutely necessary: Provided that nothing in this section shall absolve from liability ofan offence under this Act, 2..ny person who at the time ofottempted killing was. committing any offence under this Act· 75. Any person may attempt to kill or kill any game animal which is causing material damage to any land, crop, domestic animal, building, equipment-or other property of which the person is either the owner or the servant of the owner acting on his behalf in safeguarding the property. ~ 76.-(1) Except as otherwise provided by this Act, or by the conditions of o.:-iy licence Issued ur:der Part VT, the killing ot" :~ny orotected animal under Si:Ction 7--l- or 75 stw.11 not be deemed to transfer ovmcrship of the c2.rc2.ss thereof to any person. (2) Any person. who kills a protected animal under section 74 or section 75 shall, 2:.s soon as prnctic2.ble, report tbe facts to any officer and shall, unless othe·rwisc entitled to retain the same under the conditions of any licence issued under P.art VIL hand over the c~rc2.ss o/ such parts thereof as the officer may direct. (3) Any person who contrn.vcnes this section shall be guilty of an offence. 77.-(1) Subject to this Act, any person h:1ving reason to believe that any protected animal is causing or'is a.bout to cause material damage to any land, crop, domestic animal, building, equipment or other property mu.y re:port the facts to an officer. (2) An officer who ,receives a report pursuant to subsection (I) shall as soon as pr1cticable, assess the extent of the threat posed by the said animal and take any necessa0; ::i.ction he considers fi.t in the circumsto.nces. (3) In deciding what action should be taken to minimize darnaae to property caused by a protected 2.nimal. an officer shall caref uily consider the status of the species and if he decides to kill or attemuts to kill the animo.l, he shall do so only as a last resort and if onh he ha.s reasonable ground for believing that this course of action ~vill not endanger survival of the species. 73.-(1) If any person kills ,my protected animal through Reports to 2..ccideric or e·rror he sl\2.ll. as soon t .. i1ereaftcr :is may be practicable, be made · where repGrt the facts to an officer :tad· slnll h;:ind over the carcass or protected sucll p:.irt:; thereof as the officer may dircc:. animal is lolled (2) Not~ing ir:1 subsection (1) ~hall apply to any person if ~!~~~~~by such person 1s entitled under any licence issued under Part VII accident to hunt a protected or go.me anim;:i.l of that species and sort, in the circumstances under which he kiiled such animal and no offence under this Act shall have been committed in relation to the killing of such :inimal. (3) Any person '.vho contravene.s this section shall be guilty of an offence. 79.-(1) Any person who in any circumstances· wounds any protected animal and fails without reasonable cause to use all reasono.ble endeavour to kill such animal at the earliest opportu nity, shall be guilty of an offence. (2) Subsection (1) shall not be construed as authorizing a.ny person to follow :my wounded animal (a) into '.l r:J.tiono.l p.rk or ·-sitcllif•.! rescr·;e, unless the person holds a licence authorizing him to hunt the animal in tb.e national park or wildlife reserve; or (b) onto private b.nd upon which the pe;-son has no per mission to enter. (3) Any person \vho believes that he has wounded any protected animal which in such wounded condition has entered a national. park or wildlife reserve sh:ill immediately report the facts to :in. officer who shall as ht! sees fit, decide whether or not the animal should l'Je kiilcd. and shall issue instructions accordingly. (4) Any person who believes that he has wounded any protected or game animal w!iich in such wounded condition has entered private land upon which he has no permission to enter ·shall, immediately report the facts to the owner of 'the land. (5) An owner of land ,who receives a report pursuant to sub section (1) shall decide whether or not the-person making the report is to be permitted to enter his land for the purpose of hunting the animal, and the landowner's decision in this regard shall be final. (6) Any person who contravenes this section shall be guilty of an offence. 80.-(1) Any person who, in any circumst:rnccs whatsoever, wounds any dangerous animal and foils to kill or capture it within 24 hours after its wour.ding.-shall, immediately report the facts to an officer. Wounded protected animals Wounded uangcrous animals 25 ,., ,· ,.v D.inccrous anirn:d posing threat to human Iifc or prcp~rty Mo!csting ot provoking :i.nima!s prnhibitcd Xariona! Parks and fVi!d!ifc Nu.11 ('.2) .-\11y omccr \':ho rcccin:s a ,·c1~ort pursuant to subsection (1) sb:d! t:tkc immcdi:~tc steps to loc:Hc tht.! wound;;<l animal, assess its comiicio;-i and decide, :1s he secs fit. whether or not to kill it and slnll ci:;:cr c:,rry o~H the :tct himself or give instructions Z!ccord!I:gly: Proviccd th:,t if the animd -enters .'.1. n~l.{ional park or wilJlifc reserve provisions of subsections (2) or (3) of section 79, as the c:isc m:iy be, sh:i.11 apply. (3) The p,ovi:;ions o( section 79 (i) in respect to private b.nd sh:dl not ::ipply to :1. person c,ntc,ing such fand in pursuit of a d::1.agcrous anim:1I v.'01.mdcd by him: Pro·vide<l ti1:1t ;1c reports the facts to tht: owner of the !anJ as soo;1 as procticJ.blc. (4) Any pel·son who cot1tr:1ve~es tl1is section sh2.!l be guilty of ~rn offence. 81.-(1) If any d:rngcrous :inirna! is believed to be threr.tening or J.bout to th:-c2.t~n hurn:::.a !if.:! or. property, any person may request 2.ny ol1i;;cr for :i.ssistancc in minimizing or preventing the (2) \\;l1~r~ ~~IJ o~nc~r 1-:seivcs ~i request pursur1nt to subsccrion ( .) ' • !1 . . ' ' J. . . . i. a:.: sn'.l.,,, ~ss sooi1 as practic2.01c, tai;.e steps to mmnrnze or prevent the thre;;;.c, and such steps may include the killing of the "1nimai: P,·:wic~cd th,,.t if the ;lninul is. ~t orotected animal the killing sltJ..J.l only be ~m<l.:nc:kcn subject w section 74 or 75. 82. Any pc,son who willfully and without just excuse or cc..usc (a) rnoiests or provoke::; :my protected or game a.nim:d in a ;nar..rr\':r whici: results o:- is lif~cly ~o result in its destruction; or (b) mofcsrs or provokes ::ni wi!J animal ii1 a manner which results or is likely to result in the provoc:i.tion, harassment or destruction of any protected or game animal, shall be guilty of :i.n offence. Prot~ctioa of 83. A person who co.uses unnecessary or undue suITering to wild an1mais anv wild ::mimal, whether the J.nimal lives in the ,vild or is being kept in c.:i.ptivity, shall be guilty of n.a offen:'ce. U~t: of rcp-::f!ant sut,stances or devices Purpose or this ?art 3-1. Nothing i11 this Part shall b;: construed as prohibiting ~he use of ri::pdbnt SLtbstancc;s or Jcviccs which arc not copable of kiilin£! or injuring :my protected or rame animal by a property owner or his :crvant for tht.? purpo:Sc of repelling any wi!d anirn~d f ram his property. PAR'T X-Cm1~1rncE RFL\TED To W1LDLIFE 85. The purpose of this P2.,t is to regulate commerce in 1.vildlifc and its specimei1s with the go;:d 1)f bctt::r safegu~trding the resource. i''iu. 11 Natimwl !'arks am! Wildlife 8G.-(l) Except :is otllcrwis,; provided by subsection (2), any person \V!10 possesses, buys or sells, or whc.1 w.½tcmpts to possess, buy or sell .:iny specimen of a prnt::cced sr,ccies sh2.!l be guilty of an offer.cc. (2) The provisions of subsc"..:tion (1) shall not rtpply to possession of any specimen bwfu!ly' acquired und·~r ~. !iceiice----issued under P2.rt VII, by a person \Vho is in possession of a. v;ilid ce1 tiiicate of ownership issued pursuant to section 38 (3). 27 Prohibition of OOSSCS· sioi1, sale :rnd buving of protcct~d species 87.-(!) The Minister mav from time to- time. on the recom- Regul.ltions mendati'on of the Board m2.ke rcgul.'..tions providing for- f~/~r~~~\r (a) the control of trade in live animals of such species :i.s the dea!ingsJn Minister shall prescribe in the regulations ar:d the control of f~f;:1~1t: trade in the c:i.rcass~s, meat and skins of such animals; (b) the control of industry engaged in the manufacturing of articles derived from protected o.nimals; (c) the control of the t:cxickrmy industry; (d) the issue ef permits to rcrsoas er.grrgcd in the foregoing occup2.tions, :.md for prescric-ir1; fc~::: p:,yible for such permits. (2). Any person who contr:1.xcncs a.ny regubrion made under this section shdi be guilty cf 2..n offence. 88.~(I) Any person who, under 2. licence issued under Po.rt VII, C<.:rtific:it.: of t:J.kes possession of 2. specimen or 2. protected species, other than ownership specimen for human consµmption shall. within fourteen days, present the specimen together with his iicence to the Chief Parks and Wildlife Officer and if he wishes to retain the specimen he may apply in \vri(ing or in thcr:: prescribed form, if any, to the Chief Parks and Wildlife Officer for a ccrtific2.tc of ownership in respect t:1crcof. (2) Any person who co1:.tr:i.vcncs subsection (I) shall be guilty of an offence. (3) Where the Chief Parks and Wi!di-i°fe Officer is satisfied that an a,pplic:i.nt under subsection ( 1) is in lawful possession of any specimen, he may issue a certiftc2.te of ownership which shall be in the prescribed form. (4) Where the Chief Parks and Wi!Jlifc Dfficer is satisfied that a certificate· of owricrship issued ·under subsection (3) has been issued through f mud, misrcprcsenc.tion or error, he may revoke the certificate and the person to whorr. the certificate was issued shall forthwith upon clen:2.nd by the Chief Parks and Wildlif c Officer surrender the t..~rtil!c:i..tc to him for cancellation and a person who, without valid 'reo.son. fails so to surrender the ce·rtifi cnte shall be guilty of an offence. (5) Any person aggrie\·c.d by the C:',acdbtion o(a. certificate of ownershjp pursuant to sul.Jscctit1n (-+) may. within thirty days of its cancellation, appeal.in writing ti;, the 1v(inister: 23 Trnnsfcr of ownership of specimen Gov-::nme::nt trophy D~a!ings in gove,nmc;lt trophy ,\/utiunul Parks um/ JVildlife No. li (6) r n determining ,:,.n :,ppcal 'un~er subsection (5), the Minister may hc::i.r the views of tlie Chief P.:trks and Wildlife Officer; and mav uohold the decision of the Chief Parks and Wildlife Officer or fnstrctct him t~ reissue the ccrti11c.1te of ownership. (7) The Jec-ision of the 1"1inistcr on the determination of an appc.:tl shall b~ finat. 89.-(1) Any person who transfers or purports to transfer owncrshi1j of my specimen of a prescribed species, whether by gift, sale or otherwise shall at the time of the transfer, or the purpor ted transfer be in possession of a certificate of ownership in respect of the specimen. (2) lf pon the transfer of any specimen, the transferor shall surrender, the certificate to the Chief Parks and Wildlife Officer who sh:ill thereupon issue a new certificate to the new owner but the Chief Parks and \Vildlif e Officer shall retain the certificate surrendered to him. (3) Any person who recei\'es by trn.nsfer the ownership of any specimen ot' a prescribed species· shall, at the time of the trn.nsfer, obtain from the trn.nsfer or in respect of the specimen a certificate of ownership rndorscd pursuant to subsection (2). ( 4) Any person who contravenes th is section shall be guilty of an offence. (5) Nothing in this section shall apply to any transfer of owner ship occ2.sioncd by operntion of law. 90.-(1) Any specimen of :my protected species the absolute ownership of v.-!~ich h.:ts not passed to any person under the provi sions of this Act, shall be a government trophy for the purposes of .this Act. 0 (2) Any person who obtaim; any government trophy by any me.:tus shall, us soon thcrc:if,cr as rn:iy be practicable, report the facts to· :.L.'1 oflicer and, if reciuired, shall deliver up the trophy to the omcer. (3) Any person who contravenes subsection (2) shall be guilty of an ofTencc. ( 4) Any specimens so recciv~d or collected by m officer pursuant to subsection (2) shall be ·delivered by him to the Chief Parks and Widlife Officer .:tnd all specimens received by the Chief Parks and \Vildlife Ofllcer slw.ll be subject to the provisions of Part XIU. 91.-(1) Any person who unlawfully possesses or who purports to buy, seil, or otherwise tr:msfer or deal in .:tny gove:runent tropl1y slw.ll be g1Jiity of an oIT-:!l.cc. (~) Except as otl1t!rwise provided by section 90, possession by any person of a specimen of a protected species without a certificate of ownership shiil, for the purposes of this section, be prima Jacie cvide:icc of,tllc specimen b~ing a go•1crnment trophy and of unb.w ful possession th:;:rcof by such person. No. 11 National Park.r ancl F/ild!:fe 29 · 92.-(1) For the purposes of this Act, there shall be :i. profes sional hunter's licence which shall ::tuthorize the licensee to conduct business as a. professional hunter and to solicit clientele. (2) Upon application in ,the pr.escribed form, the Cl~ef Parks and Wildlife Officer may, on the recommendo..tions of the Board and \Vith prior approval of the :Minister, issue a professional hunter's licence subject.to such conditions as may be prescribed and upon p:i.yment of the prescribed fee. (3) A professional hunter's licence shall not absolve the licensee from compliance with any other written bw that may relate to his business. (4) A professional hunter's licence shall;unless sooner revoked or cancelled, be valid for the period endorsed on the licence which period shall in no case be lo:q.ger tho.n twelve months. 93. A person who is .not a licensee under a valid professional hunter's licence who (a) · conducts business as. a professional· hunter; (b) advertises himself as a profession:al hunter; (c) solicits any contract or con-:mi~sion under which or for which he is to act in the capo.city of a professional hunter; or (d) for gain or reward, assists any other person to hunt any protected or game animal ex-cept as a guide, tracker, porter or in some other like capacity, shall be guilty of an offence. 94.-(1) The Chief Parks and· Wildiife Officer may, on the recommendation of the Board and with the approval of the Minister, cancel profcs§ional hunter's licence if the licensee (a) is convicted of an .offence under this Act; (b) fails to comply with any conditiorr of the licence; or (c) is not, 'in the opinion of the Chief Parks and \Vildlife Officer ·conducting the ousiness of a profcssiorrn.i hunter in a fit and proper manner and the Chief Parks and Wildlife Officer shall forthwith suspend s1,1ch professional hunter's licence pend ing s;onsideration of its cancellation under this subsection. (2) The Chief Parks and Wildlife Officer shall notify the licensee in writing of a..r1.y decision .to suspend or cancel as the case may be, the professional hunter's licence and shall state the reasons for the decision. (3) A licensee whose iicence is cancelled under this section may appeal to the :tv1inister in \vriting within thirty days after the date of the notice of cancelbtion given under subsection (2). (4) In d:!termining any appeal under subsection (4), the Minister may hear the views of the Board ahd the Chief Parks and Wildlife Officer and may uphold the cancelbtion or may instruct the Board and the Chiyf P::trks and \Vildlif e Officer to reinsU.te the validity of the licence. Professional hunter's licence Certain prohibited acts bv non profcs·,ional hunters Suspemion or cancella tion of a profcssion:t! huntcr'g licence 30 Restrictiom on the protcss:ocnl :f,rnter's licence Purpo5e of this Part fmporr, export ,x :c-ex.porc pcnn1ts fmporcJ.tion, exportncion and rc cxportntion to meet customs law~ Ac!ditional restrictions on imporc~. <:xports or re-export of speci,n.;r;J x"riu,wl f'(//ks und Wile/lite No. 11 (5) The decision of the ~.1inister on the determination of the :.ippe::.l shall be fin:il. 95. A professional hl!r.ter's licence shall not authorize the license~ to hunt any protected or game animal except as may be necessary in dcCcnce of humo.n life or property as provided by sections 74 2.nd 75, or to pre,;ent the escape of an animal wounded by l1iss.:Jient, that client being himself a licensee under a licence valid for that animal~ P.-\RT X1 .: brFORT, Exrorn AND RE-EXPORT OF WILDLIFE SPECiMENS OF PROTEC~D SPECIES AND LrSTID SPECIES 9G . . The purpose of this Part is to control the import and export of \vildfife specimens in ord'er to (a) assist in m:>.naging the wildlife resources of i'-. {alawi: and (4) assist conservation efforts that may be subject to inter n2.tional. re,zional or bilateral a0:reement to which Mala,vi or tne Govcrment is a party. ~ 97. The Chief Parks and Wildlife Officer mav issue to an v person:~ pcrn1it in th~ pr-:-scribed form, to import o/to e:~port or to re-exp or.: ::',ny specimen of a protected species or listed species: • Provickci that, in the cn.se of a protected species, the Chief Parks o.nd Wi1dlife Officer sho.li first require the ·person to produce a \·atid certificate: of ownership in respect thereof and in the case. of a lis.:ec.i species to produce evidence of compli::mce with the :-equirements -of regubtions made pursuant to section 99, or the requirements of this Act or of any other regulations m:::.de under this Act. 93. .;ny person \,·ho imports, e?~ports or re-exports or attempts to import or export or re-ex.port any specimen of a protected species or a listed species (a) cx€ept through a customs post or port; or (b) without producing to.a customs of1ker a valid permit to import, to export or to re-export the specimen, shall be ,S'.!ilty of an offence. 99.-(1) The ?'vfinister may 1 af(cr consulting the i\·finistcr res 00:1.sibk for Trade ::-..nd Industry, , make regulations imposing ~dd:ticn::.l restrictions on imports, cxoorts or re-exports of speci rncns of :i. protccced ';pccies or l::,tcd species and for the purposes of such regul:1tions the Minister may incorporate the req uircments under any intern,ttional, regional or bilateral agreement to which .Ma!:1'.vi or the Government is o pany. (2) An:1 person who contr~,vcncs regulations made under subsection (l) sh8.!I be guil~y of an offence. No.11 National Parks and iVi!d!ife 31 PART XII-NATIONAL PARKS AND WILDLIFE FUND 100.-(1) There is hereby established a fund to be known as Establishment the National Parks and Wildlife Fund (in this Act referred to as of the Fund the "Fund"). (2) The Fund shall consist of (a) such sums as shall be· appropriated by Parliament for the purposes of the Fund; (b) advances made to t0ie Fund under section 102; (c) such sums as may be received for the purposes of the Fund by way of voluntary contributions; (d) payments IT,1Ade into the Fund under section 119; and (e) such sums ··or othe-r assets as may be donated for the purposes of the Fund by tlnY, foreign government, international agency or foreign institution or body. 101. The Fur1d shall be vested in the Minister and, subject to this Act, shall be admi-nistcred· in accordance with his directions subject to the provisions of the Fimnce and Audit Act. The Fund to vest in the Minister Cap. 37:0l 102 .. If in any flnzi.ncial year the income of the Fund together Adv:rnces ro with any surplus income brought forward from a previous year, the fond is insutncient to meet the actual or estimated liabilities of the Fund, the Minister responsible for finance m::i.y make the advances to the Fund in ·order to meet the <leficiency or-any part thereof and such advances shall be made on· such terms and conditions, whether as to repayment or otherwise, as the Minister responsible for finance may determine. 103. The objects for which the F'und is established shall be the Object3 of development, promotion, management aud adrninistration of the Fund national parks and wildlife reserves jn Mab.1.y·i. 104. Withouf derogation from the gerrerality of section 103, Application the Fund, may. be applied to- of the Fund (a) research and trairJng which is calculated to promote proper management ot· na\ional p.1rks and wildlife reserves; ~b);the acquisition of bnd, equipment, rnl1tcrials and other assets and the constructiop of buildings in order to promote the objects of the Fund; (c) the co:,t of any scheme which the Minister considers to be in the interest of the management of nu.tional parks and wildlife; (d) meeting any expenses arising from the establishment and m::i.intenance of the Fund; ::i.nd (e) any purpose which the Minister considers to be in tbe interest .of the objects of the Fund .. 105.-(1) .The Minister shall cause to be kept proper books and other records of account in respect of receipts and expenditures of the Fund ju accordance with the provision of the Finance and Audit Act. Books and other record!I of ::ccount, audit and reports of lhe Fund Cap. 37:01 32 Co.p. 37:01 Huldin2s of iht: Fund FinaJJ<.:iJ.l ye'..l.r General· p·enalty Offences reb.ting to gnmt: species National Parks and Wilcllife No. 11 (2) The accounts of the Fund shall be audited by the Auditor General, who shall have all the powers conferred upon him by the Finai1ce and Audit Act. (3) The ?viinister shall cause to be prepared, as soon as practicable, but not b.ter than six months after the end of the financial year, an annual report on all the financial transactions of the Fund. ( 4) The report under subsection (3) shull include a balance sheet, :-:.n ~ncome and expenditure account and the annual report or th~ Auditor General and shall be laid by the iv1inister before the National Assembly. 106.-(1) All sums received for the purposes of the Fund shaiI b.e paid irico a banking account and no amount shall be withdc:iwn therefrom except by means of cheques signed by such persons as J.re authorized in that behalf by the Minister. (2) Any part of the Fund not immediately required for the purposes of.the Fund may, on the recommendation of the Board, be invested in such m2.nner as the Minister, after consulting with tl1e 1vlinister r,:sponsible for finance, may dt;termine. 107. The F~n:1.ncia! year of the Fund shJ.Il be .the period of t\1iclve months end(ng on the 31st March in each ye::ir: Prqvided th:it the first financial year of the Fund may be a period shorter,.or longer thari twelve months as lhe Minister shall deter mine, but in any case not longer than eighteen months. P.\.RT XlII--PENALTIES AND FORFEITURES 108. Subject to tlv.: provisions of this Act, a person who is convicted of an offence under this Act for which no ocher penalty is provid~d shall (a) in the c:1.se ot' a first offence, be liable to a fine of not less lhun K200 but noc more than KSOO and to iurnrisonment for ,~ tam of three months; • (b) in the case of a second or subsequent olTcnce, to a fine of not less than K500 but. not more th;.in Kl,000, and to imprisonment for :1. term of six months. 109. Any person who is convicted of an o!Tence involving ,(a) t:..king, hunting, molesting or reducing into possession :i.ny game spe cies; or (b) possession ·of, selling, buying, trans!'crring, or receiving in .,t!":msfcr any specimen of g:.ime species, shall (i) in t!~e case of an offence committed in a protected area, be liable to a. fine of not less tha.n K800 but not more than K2,000 a.nd to imprisonment for a term of one year; (ii) in the case of a.µ offence committed in an area other thc1n. a. protected area., be liable to a fine of not less tho.u No. Ll Notiunal l'arks dlld !Vildlife K50 but not more than K2,000 and to imprisonment for a term of one year. 110. Any person who is convicted bf an offence involving (a) taking, hpnt(ng, inolcsting. Of rcduc ing into possession any protected species other than game species; or I (b) possession of, selling, buying, transferring or accepting in trnnsfer any specimen of protected species other than game species; (c) contravention of provision.of this Act which provides for the conduct ofo licensee under a professional hunter's licence; or (d) contravention of sections 32, 33, and 35 of this Act, shall be liable to a fine ofKI0,000 and to imprisonment for a term of 5 years, and in any ca.se the fine shall not be less than the value of the specimen involy"'ed in the commission of the offence. 111., Any person who is convicted of an offence under section 98 or under regulations made pursuant to section 99 shall be liable to a fine of K:10,000 and to imprisonment fora term of 5 years, and in any pse the fine shall not be less than the value of the specimen involved in the commission of the offence. 112. If any person is convicted of an offence under this Act in respect of any excavati-on, fence, enclosure or any other device fixed in or on the ground or upon vegetation, which the person has made, used or had in his possession for the purpose of hunting in contravention of this Act, the court shall, in addition to any other penalty imposed, order the device to be destroyed or oblite rated in such manner as the court may specify, and any expendi ture incurred, if any, shall be reco'iernbk from the person as a civil debt owed to the Government 113.-(1) Upon the conviction: of any person of an offence under this ~ct whe.re it considers forfeiture to be necessary, the court shall,. notwithstanding any -other written law and subject to the p{'.ovisions of section 108" and in addition to any other penalty imposed, declare any specimen, domestic anihml or any firearm or other weapon, trap, net, poison, material or any motor vehicle, aircraft, boat, or any other article taken by or used in connexion with the commission of the offence to· be forfeited to the Government. . (2) 1/POn the convjction of a~1 pe:s?1:1 of an offence n~ferred to 111--sect10n 99, the court ma¥, m aadtt1on to any other penalty imposed, declare any specimen, domestic animal or article us specified under subsection ( 1) to be forfeited to the Government. (3) The disposal of any specimen, domestic animal· or article forfeited to the Government under this section shall be subject to the provisions of Part XIV. I 33 Offences relating to protected species ocher than game species Offences relating to import, export or re-export of specimen of protected species or listed species Offences relating to devices Forfeiture as an additioaal penalty 34 National Parks and Wildlife No.11 Condition.ii order of forfeiture 114.-( 1) When a court ls rcq uircd under subsections I 15 ( 1) and (2) to make a decb.rntion 'of forfeiture in respect of any article the ownership of whicl1 requires registration under any written law, the court shall make a conditional order of forfeiture in the prescribed form. (2) Upon the making of a conditional order of forfeiture pursuant to subsection (1 ), the Chief Parks and Wildlife Officer shall, within thirty days thereafter. cause to be publishi<l in the Gazette and in two consecutive issues of a local ne\vspaper in general circulation. a notice of the order. (3) If ownership of the article is registered in the name of any person other than the convicted party, the Chief Parks and Wild life Officer shall, within seven days after publication of the notice in the Gazette cause a copy thereof to be sent to the person concer ned. (4) Any person who wishes to claim right of ownership in the article may, within sixty days of the lo.st publication of the condi tional order, iodge with the court a written application for disch::-,rging of the order, setting out his claim of ownership in the article. (5) Upon arr application m.J.de under subsection (4), the court shaU set a date for a hearing of the application and ser.ve notice of the hearing on the applicant and on the Government. (6) In any hearing o.f any application made under subsection (4), the burden of proof shall be upon the applicant, and the condi tional order shall not be discharged unless the applicant proves, that he was not privy to the offence and that the article was, a.t the time that the offence ·was committed, being used for that purpose without his knowledge or consent. (7) If an applicution made und,er subsection (4) fails to win discharn:e of a conditional order, the court shall declare the article finally tSrfeited to the Govc,nment. (8) Where upon apy application made under subsection (4), a court is satisfied tJ1at 'an article is owned jointly by, or is the subject of a rental agreement between, the applicant a.nd the corrvicted person, and the applicant has discharged the burden of proof in accordance with subsection (6), the court shall declare forfeited all of the estate, interest or rights of the.convicted person therein, and shall order them to be disposed of a.s it deems fit. (9) Any right of any claimant under any rental agreement to repossess any article which is subject to a conditional order of forfeiture made under subsection (1) shall be suspended pending deterrninatioo: of any application made under subsection (4). No. 11 National Parks and Wildlife 115.-(1) If any article the ownership of which requires regjstra tion under any \vritten law is se·izcd as a result of an offence under this Act and the person responsible is unknmvn and cannot be found for the purpose of chargirtg him with the offence or having been charged, fails to appear to.answer the charge, the Chief Parks and Wildlife Officer ni.ay apply to the court for a declaration of forfeiture. (2) Upon r:e·ceipt of an application from the Chief Parks and Wildlife· Officer under subsection (1 ), the court shall make a conditional order of forfeiture in the prescribed form and the provisions of sub.sections (2) to (9) of scctioll 114 shall apply. 116: If any licensee u11;der any licence or the holder of any permit or certificate issued. under this Act is convicted of an offence under this Act which involves the licence, pen11it or certificate, the court shall, in addition to any other penalty imposed, order the person to surrender it forthwith to the Cliief Parks and Wildlife Officer to be dealt with by him in accordance with the provisions of this Act. PART XIV-DISPOSAL OF GOVERN1!ENT TROPHIES, FORFEITED SPECIMENS, DOMESTIC i\.NIMALS. AND OTHER ARTICLES 117. Whenever the Chief Parks. and Wildlife Officer takes possession or' any government trophy or any confiscated specimen, domestic animal, or article, he shall cause receipt thereof to be recorded in the prescribed re.gister and shall safeguard it until such time as it may be disposed of in accordance with the provi sions of section 118 and shall be recorded by the Chief Parks and Wildlife Officer in the prescribed register. 35 Seized goods may be subject of forfeiture order Surrender of licence, permit and certificate in event of con vice ion Disposal of specimens by the Chief Parks and Wildlife Officer 118.-(1) Where the Chief Parks and Wildlife Officer takes Disposal of · f d d · · c{ d · 1 h II dead or live P?SS~SSIOA o 3: ea specunen a protecte species 1e s a at specimens, of h1s'd1scret1on either- protected (a) destroy the specimen; (b) donate the specimen, without requmng payment, to a recognized scientific or cducationa.l institution; (c) sell it in w!10le or in parts; or (d) reta.in the specimen in his official custody either per manently or pending disposal in accordance with paragraphs (a) or (b) or (c) of this subsection. (2) Where the Chief Parks and Wildlife Officer tak:cs..possession of a live specimen of any protected,species or of any listed species and such specimen is, in his~opinion, capable of normal survival in its natural habitat, he shall cause the said ·specimen to be returned. to the said habitat: species or listed species 3-6 National Parks and Wildlife No.11 ···-·---------- ,. Money from sale of .. specimen to be paid into the Fund Specimens or articles to be held by Chief Parks and Wildlife orncer General indemnity Implementa tion of agreemenu Provided that if the specimen, in the opinion of Chief Parks and Wildlife Officer, requires to be withheld temporarily from the wrld for the purpose of better ensuring its (fventual survival, the Chief Parks and Wildlife Officer may direct that the specimen be so withheld. (3) Whhe the Chief Parks and Wildlife Officer, takes posses sion of any live specimen of any protected species other than game species or lis~ed species and such specimen is, in his opinton, permanently incapable of normal survival in its natural habitat he may (cz) donate the specimen, without requiring payment, to a recognized zoological, botanical, scientific or educational institution; or (b) retain the specimen in h.is official custody ~ither perma nently or pending di~posal in accordance with paragra:ph (a). (4) Where the Chief Parks and WildlikOfficer takes possession of (~} any live game animal which 'is, in his opinion, incapable of normal survival in its natural habitat; (b) the meat of-any game animal; or (c) any live domestic an.irnal, he shall dispose of the animal or meat as he considers fit: Provided that if disposal is by sale, any sums received shall be payable in accordance with the pro1hsions of Part XII. 119.. Wher1ever the disposal of specimens or articles under this section is by sale; all monies .realized shall be payable only to a Fund established under tlus Act. 120. Any specimen, domestic animal or article held in the custody of the Chief Parks and Wildlife Officer under this Act shall be held by him solely in his official capacity, and nothing in this Act shall be construed as giving the person holding the office of Chief Parks and Wildlife Officer any private right of ownership over any specimen, domestic animal or article. PART XV-MISCELLANEOUS 121.-(l") No action shall lie against the Qovernment for the recovery of.any damage caused to any person or property by any animal in a national park or wildlife reserve. (2) The Chief Parks and Wildlife Officer or any other officer shall not be held liable in damages or otherwise to any person by reason of his exercise or non-exercise in good faith of the powers vested in him under this Act. 122. The Minister may, by an order published in the Gazette, specify the measures for the proper implementation of relevant provisions of any convention on national-park or wildlife manage ment to which Mala,,,j or the -Government is a party. No . .t1 National Parks and IVildlife 37 123. The Minister 111ay make regulations fur carrying this Act Regulations into effect and, without prejudice to the generality of the foregoing powcr;Jmch regulatious may (a) provid~ for retumsto b~ rurnished to the Minister or the Chief Parks and Wildlife Officer by holders of licences, permits,..... certificates or records issued or maintained under this Act; (b) prescribe forms to be used under this. Act; (c) prescribe fees payable under this Act; (d) provide for the remi:ision in special cases of any fees payable under this Act; (e) provide for the hearing and. determination of appeals to the Minister; (f) provide for the. f urtherJ nee of public knowledge concerning the management of wildlife by such' means as may be considered appropriate; and · (g) prescribe anything required to be prescribed under this Act. PART XVI-REPEAL AND SAVINGS 124.-(1) The following Acts are hereby repealed (a) the Game Act; (b) Wild Birds Protection Ap; (c) Crocodiles Act: and (d) National Parks Act. (2) Any subsidiary legislation made under the. Acts repealed by subsection (1) in force immediately before the commencement of this Act (a) shall, unless in conflict with this Act continue in force and be deemed-to be subsidiary kgjslation made under this Act: (b) may be replaced, amended or repealed by subsidiary legislation.made under this Act. (3) Any subsidiary agreement or' similar arrangement made pursuant to the provisions. of th~ Acts repealed by subsection (I) shall continue in force until terminated in accordance with the terms and conditions thereof. Repeal aad savings Cap. 66:03 Cap. 66:04 Cap. 66:06 Cap. 66:07 Passed in Parliament this fifteenth day of April, one thousand, nme hundred and ninety-two. R. L. GoND'.''E Clerk of Parliament