Extermination of Mosquitoes Rules (Cap. 312)

City of Kitwe (No. 326 of 1953) Kabwe Municipality (No. 78 of 1950) Livingstone Municipality (No. 78 of 1950) Mufulira Mine Township (No. 235 of 1954) Mufulira Municipality (No. 235 of 1954) (b) The area within a radius of 11.263 kilometres from the Post Office at Chingola. (No. 190 of 1956) (c) The area within eight kilometres of the boundaries of the City of Ndola, but excluding any part of a Reserve* which may be within such area. * Now referred to as "customary area"; see definition under section 2 of the Lands Act, Cap. 184. (No. 252 of 1957) SECTION 3-THE EXTERMINATION OF MOSQUITOES RULES Rules by the Minister Government Notices 45 of 1946 79 of 1950 124 of 1963 291 of 1964 PART I PRELIMINARY 1. (1) These Rules may be cited as the Extermination of Mosquitoes Rules. Title and application (2) The Minister may, by statutory notice, declare that, on and after a date to be specified in such notice, the whole of these Rules, or only such provisions thereof as are mentioned in such notice, shall apply to the whole or such part of the area of any local authority as shall be defined in such notice. (As amended by No. 291 of 1964) 2. In these Rules, unless the context otherwise requires- Interpretation "protected area" means an area of land which the Minister has declared, by statutory notice, to be a protected area for the purpose of the control of malaria or of the breeding of mosquitoes and may include any area in which anti-malaria works have already been completed or are in progress or are contemplated. (As amended by No. 291 of 1964) PART II PROTECTED AREAS 3. The following measures shall be taken by all owners and occupiers of land within a protected area: (a) no cattle shall be allowed to graze or to roam at large in the protected area; (b) no road or path shall be made or established in the protected area except with the consent of the local authority and the concurrence of the Medical Officer of Health; Measures to be taken by owners and occupiers in protected areas (c) the owner or occupier of land on which a road or path is situated or constructed shall take steps to ensure that such road or path does not interfere with the natural or artificial drainage of the protected area. 4. The local authority shall have power to close any road or path in a protected area if such a course is rendered necessary for the purpose of mosquito control. Power to close roads 5. Where any mining, quarrying, irrigation, water supply, railway or Mining, etc. other works exist or are undertaken within a protected area, it shall be lawful for the Medical Officer of Health to require the person on whose land such works are situated to take such measures as may be necessary to link up with any anti-malaria works that are in existence or are being carried out or are contemplated. 6. Where any works are in progress on land adjacent to the protected area which may interfere with or diminish the efficiency of anti-malaria or anti-mosquito works within the protected area, it shall be lawful for the Medical Officer of Health to require the owner or occupier of the land on which works are in progress to take such measures as are deemed necessary by the Medical Officer of Health to maintain the efficiency of the anti-malaria or anti-mosquito works in the protected area. Work adjacent to protected area PART III GENERAL 7. Where any local authority or any Government Department has constructed or carried out, whether before or after the commencement of these Rules, or is constructing or carrying out any anti-malaria works on any land or premises, every person who uses the said land or premises or permits or authorises them to be used in such manner as to lessen the efficiency or to bring about the deterioration of such works shall be guilty of an offence. Preservation of anti-malaria work 8. The local authority may give directions to any owner or occupier of land for the purpose of controlling farming and cultivation in any municipal or township area. Such directions may include the prohibition of farming or cultivation in any specified area. (As amended by No. 124 of 1963) Farming 9. (1) No person shall excavate or permit or authorise any person to excavate holes or pits for the purpose of the recovery of ballast, sand, gravel, clay or soil for road surfacing, brickmaking or for any other purpose, except in a zone or zones set aside for the purpose by the local authority with the concurrence of the Medical Officer of Health. Excavations (2) In any such zone the following provisions shall apply: (a) the work shall not be commenced until the permission in writing of the local authority has been obtained; (b) the work shall be carried out in such manner as to comply with the requirements of the Medical Officer of Health relating to mosquito control; (c) on the completion or cessation of any work carried out in any such zone, the person concerned shall take such measures as the Medical Officer of Health may direct for the purpose of mosquito control. (As amended by No. 79 of 1950) 10. The local authority may require the owner or occupier of any land to fill in or drain, to the satisfaction of the Medical Officer of Health, any existing borrow-pits or holes or pits excavated for the purpose of the recovery of ballast, sand, gravel, clay or soil for road surfacing, brickmaking or for any other purpose. Borrow-pits and holes 11. No existing mine, quarry, irrigation, water supply or other works shall be abandoned or discontinued after the commencement of these Rules until such steps for the purpose of mosquito control have been taken by the owner or occupier as the Medical Officer of Health shall require. Abandonment of mines, etc. 12. All water tanks shall be so constructed as to prevent the entry and emergence of mosquitoes. Water tanks 13. Every owner and occupier of land shall comply with all lawful directions given by a local authority and Medical Officer of Health under these Rules. Duties of owners and occupiers 14. Any person who fails to comply with any of the provisions of these Rules shall be liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding three months. (As amended by Act No. 13 of 1994) Penalties