Amendment to Regulations relating to the exploitation of marine resources (No. 93 of 2018)

6 Government Gazette 24 May 2018 6601 7. Socio-economic concerns; 1. This criteria only applies to applicants who are already investing in Namibia fisheries. 2. If the applicant has investments in the fisheries, indicate in the form titled Document 8 in Annexure A to the Regulations – (a) the total number of Namibian citizen jobs, their salaries or wages, and their total payroll in N$ (attach payroll); and (b) the total number of Namibian jobs per metric ton of quota allocated in 2017, if any. 7(a): Contribution to Employment per metric ton 7(b): Value addition Describe, in the business plan referred to in the form titled Document 4 in Annexure A to the Regulations, the planned value addition products and plans to achieve them in your business model. 7(c): Preferential Procurement Describe, in the business plan referred to in the form titled Document 4 in Annexure A to the Regulations, how the applicant plans to procure goods and services for operations especially from previously disadvantaged persons, where applicable. 7(d): Corporate Social Responsibility 1. Describe, in the business plan referred to in the form titled Document 4 in Annexure A to the Regulations, the planned corporate social responsibilities and plans to achieve them in the business model. 2. Attach letter of support on this from target institutions or communities. 8. The contribution of marine resources to food security. Describe, in the business plan referred to in the form titled Document 4 in Annexure A to the Regulation, the plans by the applicant to contribute to food security (for example local fish sales and fish donations). MINISTRY OF FISHERIES AND MARINE RESOURCES No. 93 2018 AMENDMENT OF REGULATIONS RELATING TO THE EXPLOITATION OF MARINE RESOURCES: MARINE RESOURCES ACT, 2000 In terms of section 61 read with section 33(2) of the Marine Resources Act, 2000 (Act No. 27 of 2000), I have made the regulations set out in the Schedule. B. ESAU MINISTER OF FISHERIES AND MARINE RESOURCES Windhoek, 24 May 2018 SCHEDULE Definitions 1. In these regulations, “the Regulations” means the Regulations Relating to the Exploitation of Marine Resources published in Government Notice No. 241 of 7 December 2001, as amended by Government Notice No. 63 of 30 April 2015 and Government Notice No. 55 of 1 April 2016. Amendment of regulation 2 of the Regulations 2. Regulation 2 of the Regulations is amended (a) by the substitution for subregulation (1) of the following subregulation: 6601 Government Gazette 24 May 2018 7 “(1) An application for an exploratory right or a quota under the Act must be made to the Permanent Secretary (a) in respect of an exploratory right, in the form set out in Annexure B; and (b) in respect of a quota, in the form set out in Annexure C.”; and (b) by the insertion of the following subregulation after subregulation (1). “(1A) An application for a right under section 33 of the Act, must (a) comply with the requirements of the notice issued under section 33(1) of the Act; and (b) be made in the forms set out in Annexure A.”. Amendment of Annexure A to the Regulations 3. The Regulations are amended by the substitution for Annexure A to the Regulations of the following Annexure: 8 Government Gazette 24 May 2018 6601 “ANNEXURE A FORMAT OF DOCUMENTS TO BE INCLUDED IN EACH APPLICATION FOR A RIGHT TO HARVEST MARINE RESOURCES FORM 1A REPUBLIC OF NAMIBIA MINISTRY OF FISHERIES AND MARINE RESOURCES Marine Resources Act, 2000 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOURCES FOR COMMERCIAL PURPOSES Name of Applicant: ............................................................................................................................... Postal address: ...................................................................................................................................... ............................................................................................................................................................... Business or Residential Address: ........................................................................................................... ............................................................................................................................................................... Telephone Number: ........................... Email address: ......................................................................... Species or fisheries in respect of which a right is sought: .................................................................... ............................................................................................................................................................... (a separate application must be submitted for each species or fishery for which a right is sought) I, the undersigned, hereby apply for the right to harvest the species or fisheries cited above and declare that the particulars furnished are to the best of my knowledge and belief correct in all respects. ........................................ ........................................ ........................................ Signature Place Date 6601 Government Gazette 24 May 2018 9 DOCUMENT 1 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOUCES IN TERMS OF SECTION 33 OF THE MARINE RESOURCES ACT, 2000 Date: Postal address: Physical address: Telephone (plus contact mobile number): Contact Email address: SHAREHOLDING OF APPLICANT COMPANY No. Name Citizenship: (if Namibian, indicate if a) by birth or descent or b) naturalization) % shares For all shareholders in the applicant company List all names of natural persons shareholders: 1 2 …. (add more rows as appropriate) Other legal entities who are shareholders in the applicant company; e.g. trusts, CC, Name of legal entity Names of natural persons in the legal entity 1 2 …. (add more rows as appropriate) Signed at ....................................... (place) on ............ day of ............................... (month) 2018 (date), by: ........................................ (name), being duly authorized to make this application for a right to harvest marine resources for commercial purposes, at a properly convened meeting of directors of (name of the applicant company), held on ............................ (date) at ......................................(place). ........................................................................... (signature) Countersigned by Chairperson / Director of the Applicant Company: ............................................................... (name) ................................................................. (signature) AND STAMP of applicant company. ............................................................... (date) Please attach to DOCUMENT 1: (a) Copies of all company registration certificates of applicant company, and associated legal entities (trusts, CCs and others), if any; (b) Copies of Memorandum and Articles of Association of the applicant company; (c) Copies of shareholders agreement; (d) Copies of share certificates of all shareholders; (e) Copies of ID cards of all shareholders; and (f) Copies of certificates of good standing of applicant and shareholding companies with Namibia revenue authorities and other relevant authorities. 10 Government Gazette 24 May 2018 6601 DOCUMENT 2 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOUCES IN TERMS OF SECTION 33 OF THE MARINE RESOURCES ACT, 2000 Date: Postal address: Physical address: Telephone (plus contact mobile number): Contact Email address: COMPANY BENEFICIAL OWNERSHIP Does the applicant company plan to undertake this activity: Activity Alone? (Yes/No) Through Joint Venture (JV)? Through shareholding? JV Name % Namibian shareholding in the JV Names of each partner % Namibian shareholding of each partner Overall % Namibian shareholding Fishing Operations (add other rows as appropriate) On-shore Processing (add other rows as appropriate) Marketing (add other rows as appropriate) Signed at ....................................... (place) on ............ day of ............................... (month) 2018 (date), by: ........................................ (name), being duly authorized to make this application for a right to harvest marine resources for commercial purposes, at a properly convened meeting of directors of (name of the applicant company), held on ............................ (date) at ......................................(place). ........................................................................... (signature) Countersigned by Chairperson / Director of the Applicant Company: ............................................................... (name) ................................................................. (signature) AND STAMP of applicant company. ............................................................... (date) Please attach to DOCUMENT 2: (a) All agreements and resolutions of Boards of Directors as appropriate; (b) Share certificates of all shareholders; (c) Attach memorandum and articles of association of the applicant company, shareholders agreement and any other relevant agreement; and (d) Copies of certificates of good standing of applicant company and shareholding companies with Namibia revenue authorities and other relevant authorities. 6601 Government Gazette 24 May 2018 11 DOCUMENT 3 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOUCES IN TERMS OF SECTION 33 OF THE MARINE RESOURCES ACT, 2000 Date: Postal address: Physical address: Telephone (plus contact mobile number): Contact Email address: FISHING VESSEL BENEFICIAL OWNERSHIP Does the applicant company: Own a fishing vessel? Have (or plan to have) access to a fishing vessel through Joint Venture (JV) Own a fishing vessel through shareholding As a sole owner? Yes /No Name(s) /Flag of vessel(s) JV and vessel name % Namibian shareholding in the JV Name and flag status of each vessel % of applicant company shareholding in each vessel Overall % Namibian shareholding in each vessel Signed at ....................................... (place) on ............ day of ............................... (month) 2018 (date), by: ........................................ (name), being duly authorized to make this application for a right to harvest marine resources for commercial purposes, at a properly convened meeting of directors of (name of the applicant company), held on ............................ (date) at ......................................(place). ........................................................................... (signature) Countersigned by Chairperson / Director of the Applicant Company: ............................................................... (name) ................................................................. (signature) AND STAMP of applicant company. ............................................................... (date) Please attach to DOCUMENT 3: (a) All agreements and resolutions of Boards of Directors as appropriate. (b) Share certificates of all shareholders, shareholders agreements and any other relevant agreement; (c) Memorandum and articles of association of the vessel company; (d) Fishing Vessel flag status attestation documents; (e) Fishing Vessel licensing and registration documents in terms of applicable Namibian legislation. (f) Copies of certificates of good standing of applicant and shareholding companies with Namibia revenue authorities and other relevant authorities. 12 Government Gazette 24 May 2018 6601 DOCUMENT 4 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOUCES IN TERMS OF SECTION 33 OF THE MARINE RESOURCES ACT, 2000 Date: Postal address: Physical address: Telephone (plus contact mobile number): Contact Email address: APPLICANT BUSINESS PLAN 1. All applicants must ensure that all aspects required in the business plan are included in the business plan. 2. The business plan should be approved by the applicant company. 3. The business plan must be approved as follows: Signed at ....................................... (place) on ............ day of ............................... (month) 2018 (date), by: ........................................ (name), being duly authorized to make this application for a right to harvest marine resources for commercial purposes, at a properly convened meeting of directors of (name of the applicant company), held on ............................ (date) at ......................................(place). ........................................................................... (signature) Countersigned by Chairperson / Director of the Applicant Company: ............................................................... (name) ................................................................. (signature) AND STAMP of applicant company. ............................................................... (date) 6601 Government Gazette 24 May 2018 13 DOCUMENT 5 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOUCES IN TERMS OF SECTION 33 OF THE MARINE RESOURCES ACT, 2000 Date: Postal address: Physical address: Telephone (plus contact mobile number): Contact Email address: SHAREHOLDING OF PREVIOUSLY DISADVANTAGED NAMIBIANS No Name of Preciously Disadvantaged (PD) Namibian citizen % shares in applicant company PD and liberation war veteran? PD and Woman? PD and youth? PD and person living with disability? PD and living in economically marginalized community 1 2 3 ... Add more rows as appropriate TOTAL shareholding of each category % shareholding in applicant Category Number of beneficiaries % shares Individual shareholders who are previously disadvantaged Workers Trust Other Trusts Others (specify) TOTAL Signed at ....................................... (place) on ............ day of ............................... (month) 2018 (date), by: ........................................ (name), being duly authorized to make this application for a right to harvest marine resources for commercial purposes, at a properly convened meeting of directors of (name of the applicant company), held on ............................ (date) at ......................................(place). ........................................................................... (signature) Countersigned by Chairperson / Director of the Applicant Company: ............................................................... (name) ................................................................. (signature) AND STAMP of applicant company. ............................................................... (date) Please attach to DOCUMENT 5: (a) Copies of share certificates of all shareholders; and (b) Copies of ID cards of all shareholders. 14 Government Gazette 24 May 2018 6601 DOCUMENT 6 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOUCES IN TERMS OF SECTION 33 OF THE MARINE RESOURCES ACT, 2000 Date: Postal address: Physical address: Telephone (plus contact mobile number): Contact Email address: REGIONAL DEVELOPMENT No. Name of Region Name of Shareholder % shares in applicant company Total % shares for each region Erongo Khomas (insert more rows as appropriate) Signed at ....................................... (place) on ............ day of ............................... (month) 2018 (date), by: ........................................ (name), being duly authorized to make this application for a right to harvest marine resources for commercial purposes, at a properly convened meeting of directors of (name of the applicant company), held on ............................ (date) at ......................................(place). ........................................................................... (signature) Countersigned by Chairperson / Director of the Applicant Company: ............................................................... (name) ................................................................. (signature) AND STAMP of applicant company. ............................................................... (date) Please attach to DOCUMENT 6: (a) Copies of share certificates of all shareholders; and (b) Copies of ID cards of all shareholders. 6601 Government Gazette 24 May 2018 15 DOCUMENT 7 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOUCES IN TERMS OF SECTION 33 OF THE MARINE RESOURCES ACT, 2000 Date: Postal address: Physical address: Telephone (plus contact mobile number): Contact Email address: REGIONAL DEVELOPMENT - INVESTMENTS No Name of Region Investments Value (N$) Total investments (N$) for each region Erongo Khomas (insert more rows as appropriate) Signed at ....................................... (place) on ............ day of ............................... (month) 2018 (date), by: ........................................ (name), being duly authorized to make this application for a right to harvest marine resources for commercial purposes, at a properly convened meeting of directors of (name of the applicant company), held on ............................ (date) at ......................................(place). ........................................................................... (signature) Countersigned by Chairperson / Director of the Applicant Company: ............................................................... (name) ................................................................. (signature) AND STAMP of applicant company. ............................................................... (date) Please attach to DOCUMENT 7: Photos and other evidence of investments as appropriate. Investments will be physically verified. 16 Government Gazette 24 May 2018 6601 DOCUMENT 8 APPLICATION FOR A RIGHT TO HARVEST MARINE RESOUCES IN TERMS OF SECTION 33 OF THE MARINE RESOURCES ACT, 2000 Date: Postal address: Physical address: Telephone (plus contact mobile number): Contact Email address: EMPLOYMENT CREATION (Note: Document 8 is only applicable for companies already investing in fisheries industry) A: PAY-ROLL OF APPLICANT COMPANY No Name of Employee/ and ID Number tel number Position Number of Months worked in 2017 Salary (N$/Month) For Namibian Citizens 1 2 3 Insert more rows as appropriate TOTAL For foreign workers 1 2 3 Insert more rows as appropriate TOTAL x 100 b) Quality of Namibian jobs:= Signed at ....................................... (place) on ............ day of ............................... (month) 2018 (date), by: ........................................ (name), being duly authorized to make this application for a right to harvest marine resources for commercial purposes, at a properly convened meeting of directors of (name of the applicant company), held on ............................ (date) at ......................................(place). ........................................................................... (signature) Countersigned by Chairperson / Director of the Applicant Company: ............................................................... (name) ................................................................. (signature) AND STAMP of applicant company. ............................................................... (date) Please all relevant payrolls attach to DOCUMENT 8.”.