National Parks and Wildlife (Protected Areas) Regulations, 1994 (G.N. No. 87 of 1994)

270 9th December, 1994 GOVERNMENt NOTICE No. 87 NATIONAL PARKS AND WILDLIFE ACT (No. 11 OF 1992) NATIONAL PARKS AND WILDLIFE (PROTECTED AREAS) REGULATIONS, 1994 IN EXERCISE of the powers conferred by section 41 of the National Parks and Wildlife Act, I, MFUNJO MWANJASI MWAKIKUNGA, Minister of Forestry and Natural Resources, acting on the recommendation of the Wildlife Research and Management Board, make the following Regulations Citation 1. These Regulations may be cited as the National Parks and Wildlife (Protected Areas) Regulations, 1994. Interpre- 2. In these Regulations, unless the context otherwise requires tation "camping site" means any site within a protected area which has been declared as such by the Chief Parks and Wildlife Officer; "lodge" means a place of accommodation of the public declared by the Chief Parks and Wildlife Officer to be a lodge; "permit" means a permit issued under these Regulations; "prescribed fee" means the appropriate fee specified in the relevant Schedule to these Regulations; "protected area" means a park or wildlife reserve declared to be a national park or wildlife reserve under section 28 and includes any river bordering, or in, a park or wildlife reserve; "road" means any road, track or route demarcated for motor vehicles within the boundaries of a protected area and includes any bridge, culvert, crossing or drift, but does not include a public road; "observation place", in relation to a protected area, means a place which has been declared by the Chief Parks and Wildlife Officer as the place for public observation of wildlife in that pro tected area; .Cap. 69:02 "public road" has the meaning ascribed thereto in the Public Roads·Act; "Wildlife Officer", in relation to any protected area means an officer of or above the rank of Technical Officer (T. 0.) performing duties in relation to that protected area. Permit to 3.--{l) No person shall enter a protected area with or in a motor enter a vehicle unless there is a valid permit in respect of that motor vehicle. protected area (2) A permit shall be in the form prescribed in Form 1 of the First Schedule. (3) No permit to enter a protected area shall be issued in respect of any motor vehicle carrying goods or designed primarily for the carriage of .goods, unless 9th December, 1994 271 (a) in the case of any motor vehicle carrying goods, whether or not it is constructed primarily for that purpose, the goods are (i) the personal effects of the occupants of the motor vehicle or for use by any person within the protected area; (ii) camping equipment, utensils and stores for use by the occupants of the motor vehicle or for use by any person within the protected area; or (iii) trade or other goods destined for any hotel, shop, lodge or camping place within the protected area or for use by any person within the protected area; or (b) in the case of any other vehicle, entry of such vehicle into the protected area is solely for the purpose of transportation within, or removal from, the protected area of any goods specified in para graph (a) or goods not intended for use in the protected area. ( 4) A permit shall not be required for a motor vehicle which is in the protected area for transit purpose only. (5) A permit to enter a protected area shall not be issued to a person who has been pro hibited to enter a protected area under regulation 16. 4. Except with the written permission of the Chief Parks and Wildlife Officer, no person shall camp or -remain on a camping site during the hours of darkness unless he has paid the prescribed fee. 5.-(1) The Chief Parks and Wildlife Officer or a Wildlife Officer may prohibit persons or vehicles from travelling on or in any part of a protected area of a road. (2) Where, on the authority of the Chief Parks and Wildlife Officer, any part of a protected area or of a road has been closed to the public or to any kind of traffic or to any class of vehicles, no person shall travel in or on such part or cause the prohibited kind of traffic or the prohibited class of vehicie to travel in or on such part. such part. (3) For the purpose of this regulation, a part of the protected area or of a road, shall be deemed closed if, on the authority of Chief Parks and Wildlife Officer or a Wildlife Officer, there has been placed with respect thereto a notice, sign, mark, fence, gate, barricade or line of stones, indicating that it has been closed to the public or to any kind of traffic or class of vehicles. 6. Except with the written permission of the Chief Parks and Wildlife Officer or the Wildlife Officer, no person shall (a) enter or leave a protected area other than at a place designated by the Chief Parks and Wildlife Officer as an entrance or exit; (b) enter a protected area (other than Liwonde National Park and Lake Malawi National Park) otherwise than in a motor vehicle having four or more wheels; or (c) enter or remain within water areas of the Liwonde National Park and Lake Malawi National Park; 272 9th December, 1994 ( d) enter a protected area by means of an aircraft unless the aircraft is authorized so to enter and to land at an authorized landing ground; (e) be within a protected area unless he is within 25 metres of a motor vehicle or boat or is in an observation place; (f) knowingly alight from a vehicle in a protected area within 200 metres of any live animal ( other than an insect or bird) unless he is in an observation place; (g) exceed a speed of 40 kilometres per hour in a motor vehicle within a protected area; (h) sound a motor horn within a protected area; (i) cut or remove any vegetation in a protected area, or damage or remove any object or geological, prehistoric, archeological, historical or scientific interest in a protected area; (j) remove from a protected area any animal or vegetation whether alive or dead other than animal or vegetation lawfully introduced into a protected area by the person removing it; (k) in case of the Nyika National Park, drive any vehicle on those parts of section of M9 (Mphora-Kaper~kezi) and S103 roads (Chilinda tum-off to Kasaramba) which are inside the boundary of the said national park, between the hours of 6.00 p.m. and 6.00 a.m. ([) in the case of Nkhotakota Wildlife Reserve, drive any vehicle on the section of the MlO road (Mbobo-Wozi) which is within the boundary of the said wildlife reserve, between the 6.00 p.m. and 6.00 a.m.; or (m) be allowed to enter Nyika National Park or Nkhotakota Wildlife Reserve after 4.00 p.m. and before 6.00 a.m. 7.-(1) Except with the permission of the Chief Parks and Wildlife Officer, no person, while within a protected area, shall molest, provoke, feed or disturb any animal. (2) For the purposes of this regulation, any person who approaches or follows any animal, or makes any sudden movement or noise, or flashes a light or intentionally does something to cause an animal to move away from where it is, to change its direction of travel, to increase its pace or speed, to become frightened or to stampede shall be deemed to have disturbed the animal. 8. Except with the written permission of the Chief Parks and Wildlife Officer, no person shall intentionally discharge any weapon or release any appliance so that a projectile therefrom passes over any portion of, or falls within, a protected area. 9. Except with the written permission of the Chief Parks and Wildlife Officer or the Wildlife Officer, no person, while within a protected area, shall (a) light a fire, or cause a fire to be lighted; (b) leave any fire which has been lighted, or which he has caused to be lighted, unextinguished; or 9th December, 1994 273 (c) discard any burning object. 10. Except with the written permission of the Chief Parks and Wildlife Officer or the Wildlife Officer, no person shall ( a) display any notice or advertisment within a protected area or at any entrance to or on the boundary of a protected area; or (b) collect any money from members of the public, sell any goods, or offer any goods for sale or carry on any trade within a protected area. 11. Except with the written permission of the Chief Parks and Wildlife Officer or a Wildlife Officer, no person shall ( a) place, erect, damage, move, loosen, alter, break, cut, destroy or in any way interfere with fencing, fence post, gate, beacon or boundary of a protected area; (b) place, erect, mark, spoil, damage, disfigure, alter, bend, cover, move or remove any signboard, notice board or any notice within a protected area or on any boundary of a protected area. 12.-(1) No person, unless he in a bona fide. tourist driving himself or being driven in a motor vehicle hired for visiting a protected area, shall drive a public service motor vehicle within a protected area, except under and in accordance with a permit in Form II set out in the First Schedule issued by the Chief Parks and Wildlife Officer or a Wildlife Officer. (2) The Chief Parks and Wildlife Officer or a Wildlife Officer may refuse to issue a permit required under subregulation (1) or may endorse, suspend or cancel any such permit already issued. (3) Where a permit issued under subregulation {1) has been sus pended or cancelled, the holder thereof, when applying again for the issue of such permit, shall disclose the fact of such suspension or cancel lation. 13. Except with the permission of the Chief Parks and Wildlife Officer, no person shall ( a) unless in an emergency, land any aircraft in a protected area except at an airfield at which landing of aircraft has been generally authorized by an order of the Chief Parks and Wildlife Officer; ( b) except for the purpose of landing or taking off or in an emergency, fly in a protected area an aircraft at an altitude of less than five hundred metres above the ground. 14.-(1) No person, other than an officer, shall make use of or wear any badge, uniform or emblem authorized to be worn by an officer of a protected area. (2) No person shall (a) make use of or wear any badge, uniform or emblem so 274 9th December, 1994 nearly resembling a badge, uniform, or emblem authorized to be worn by an officer of a protected area; ( b) unlawfully hold himself out as being an officer. 15.-(1) The Chief Parks and Wildlife Officer, a Wildlife Officer or any other officer authorized in writing in that behalf, may issue orders, notices, and directions, either orally or in writing, for the purposes of (a) directing traffic in a protected area; ( b) prohibiting the use of any part of a protected area or any road therein; (c) prohibiting visitors to a protected area from using any radio set or musical instrument or restricting the use thereof; (d) preventing any damage or injury to any animal or plant, or any behaviour on the part of any person in a protected area which is likely to disturb or provoke any animal. (2) It shall be a condition of any person's entry into a park that he shall comply with any lawful order or direction, whether oral or written, given or issued by the Chief Parks and Wildlife Officer or any other officer. (3) If any person contravenes any direction or order lawfully given to him under the provisions of the preceding paragraph, the Wildlife Officer may either orally or in writing forthwith cancel such a person's entry permit, without refund or any fees paid. 16. If in the opinion of the Chief Parks and Wildlife Officer or a Wildlife Officer the presence of any person within a protected area is or would be detrimental to the proper management and control of the protected area, the Chief Parks and Wildlife Officer or Wildlife Officer may order such person to leave and the Chief Parks and Wildlife Officer may, in addition, prohibit him from entering the protected area or other protected area for a period not exceeding three years. 17.-(1) For the issue of a permit or granting of a permission under these Regulations, the appropriate fee specified in Part I of Second Schedule shall be charged and payable. (2) The fees specified in Part II of the Second Schedule shall be payable for the taking of photographs within a protected area, where the Chief Wildlife Officer or a Wildlife Officer has reasonable grounds to belieye that such photographs are intended for sale or public exhibition or for any other purpose from which monetary rewards, gain, commission or profit will or is intended to result: Provided that no fee shall be payable in respect of any photographs taken by an employee of the Government in the course of his employ ment. (3) In this regulation, the expression "photographs" means pictures, images, or likenesses, whether cinematographic or still, obtained by means of camera. 9th December, 1994 18. Any person who contravenes the provisions of these Regula- Penalties tions commits an offence and shall be liable (a) .in tthe. .case,ofa ·first offence, to a fine of not less than K200 but not more than K.500 and to imprisonment for a term of three months; (b) in the case of a second or subsequent offence, to a fine of not less 1han K.500 butnot more than Kl,000 and to imprisonment for a term of six months. 275 FIRST SCHEDULE FORMS regs 3 and 12 Form 1 NATION.AL PARKS AND WILDLIFE ACT (No. 11 OF 1992) NATIONAL PARKS AND WILDLIFE (PROTECTED AREAS) REGULATIONS MoIDR VEHICLE PERMIT Mr./Miss/MrsA ............................................................................... . is hereby permitted to enter ...........................•.............................................. \\Vi th or in a motor vehicle registration number .................................................. . Subject to the Act and Regulations made thereunder and conditions endorsed on ate permit Date of issue ........................................................................................... . Date of expiry .......................................................................................... . Fees paid ................................................................................................ . for Chief Parks and Wildlife Officer ( Official stamp) Form 2 NATIONAL PARKS AND WILDLIFE ACT (No. 11 of 1992) NATIONAL PARKS AND WILDLIFE (PROTECTED AREAS) REGULATIONS PUBLIC SERVICE MOTOR VEHICLE PERMIT Mr./Miss/Mrs./Messrs ............................................................................................................ . ················································································································································· ················································································································································· is hereby permitted to drive a public service motor vehicle registration number .................. . 276 9th December, 1994 within ..................................................................................................................................... . subject to the Act and Regulations made thereunder and conditions endorsed on the permit. Date of issue ...................................... . Date of expiry .................................... . Fees paid ............................................ . for: Chief Parks and \Vildlifc (Official stamp) SECOND SCHEDULE PART I-PERMIT FEES reg. 17 Fees for the first period commencing at 6 a.m. on one day and ending at 6 a.m. on the next following day, or part of such period and for each following period of twenty-four hours or part thereof, spent in the park A. Permit,for.the entry of each,person (a) Malawians (i) above the age of 12 years (ii) ·below the age of 12 years (b) Non-Malawians. (i) above. the ?ge of 12 years (ii) below the age of 12 years (c) Non-Residents (i) above the age of 12 years (ii) below the age of 12 years B. Permit for .each motor vehicle (a) Malawians (i) tare weight less than 2,000 kilos (ii) tare weight 2,000 kilos to 5,000 kilos (iii) tare weight over 5,000 kilos (b) Non-Ma1awians-: (i) tare weight less than 2,000 kilos (ii) tare we~ght 2,000 kilos to 5,000 kilos . (iii) tare weight over 5,000 kilos (c) Non-Residents (i) tare weight less than 2,000 kilos (ii) tare weight 2,000 kilos to 5,000 kilos (iii) tare weight over 5,000 kilos C. Permit tor camping ( a) where tents are provided (i) for persons above the age of 12 years (ii) for persons below the age of 12 years Fees K t 5 00 free 20 00 free US$ 10 00 free 5 00 10 00 50 00 10 00 20 00 50 00 US$ 5 00 US$ 10 10 US$ 25 00 25 00 free 9th December, 1994 D. Permit for the landing of an aircraft weighing (a) not more than 20,000 kg calculated to the nearest 1,000 kg (b) more than 20,000 kg .. E. Permit for accommodation in protected areas (a) Kasungu National Park (i) Single:' (ii) Double (iii) Triple (iv) Extra bed .. (b) Nyika National Park (i) Chalets, Single.; Double Triple: Quadruple .. Extra bed Rooms Single .. Double .. Extra bed Juniper Lake Malawi National Park (i) Ronc1pfe1s- . Single Double Triple Extra bed (ii) Chalets Single Double Camp Site .. (d) Lengwe National Park Rooms Single Double Triple Full (e) Liwonde National Park (Chinguni) Rooms Single 277 5 00 per 1,000 kg 7 00 per 1,000 kg 75 00 95 00 130 00 40 00 80 00 120 00 150 00 180 00 30 00 40 00 60 00 30 00 20 00 25 00 40 00 55 00 30 00 20 00 30 00 15 00 60 00 90 00 105 00 115 00 .. 40 00 278 Double Triple Extra bed (f) Vwaza Marsh Wildlife Reserve, per person (g) Majete Widlife Reserve Chalet, per person .. 9th December, 1994 60 00 70 00 30 00 25 00 (h) Nkhotakota Wildlife Reserve Bua and Chipa.ta, per ~rs©D: 25 00 25 00 F. Permit for other services (a) Hire of guides (i) regular, per trip (ii) Wilderness Trail, per day (iii) Porter on Trail, per day (b) Sport Fishing (Nyika, Kasungu> Vwaza and Liwonde) (i) Hire of rod . . (ii) Fishing dailr (up to 6 fish per day) (iii) Weekly (up to 6 fish per day) (iv) Monthly (up to 6 fish per day) (v) Annually (up to 6 fish per day) (c) Angling (Nkhotakota and Majete), per rod PART II-PHOTOGRAPHY FEES (a) Cinematography Filming in a protected area (b) Still Photography Oile perscm or more than one person travelling or working together and forming one photographic unit (i) Filming in a protected area, per person (ii) Filming in a protected area, per one photographic unit Made this 30th day of March, 1994. 10 00 50 00 75 00 10 00 20 00 140 00 500 00 800 00 100 00 Fees K t 3,000 00 500 00 500 00 (FILE NO. 48/3/1/VOL. 2) M. M. MWAKIKUNGA Minister of Forestry and Natural Resources