Wildlife, forest and fisheries crime
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    • • CITES protected species

Botswana

Wildlife Conservation and National Parks Act, 1992

 Article 18-23

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    Original Text

    PART V
    Hunting and Capturing of Animals 

    18. Partially protected game animals

    The animals specified in Part I of the Seventh Schedule shall be partially protected game
    animals throughout Botswana, and no person shall, except under and in accordance with the terms and conditions of a licence or permit issued under this Act, hunt or capture any partially protected game animal.

    19. Hunting and capturing of animals generally

    ( 1) Except as, or to such extent as may be, specially provided in this Act, no person shall hunt or capture any animal (other than a non-designated invertebrate animal outside of a national park or a game reserve) otherwise than under and in accordance with the terms and conditions of a licence issued, or a permit granted, under this Act:

    Provided that a citizen of Botswana may hunt any non-designated animal, other than in a national park or a game reserve, for consumption by himself or his dependants, without a licence or permit.

    ( 2) The animals specified in Parts II and III of the Seventh Schedule are animals that may be hunted under and in accordance with the terms and conditions of a licence issued under this Act:

    Provided that where an area is or areas are specified in. relation to a particular animal, that animal may only be hunted in that area or in those areas, as the case may be.

    ( 3) Any person who contravenes the provisions of section 18 or subsection (1) of this
    section shall be guilty of an offence and shall be liable-
    ( a) i f the contravention is in respect of a partially protected game animal, to a fine of P5000 and to imprisonment for 5 years:

    Provided that where the animal in respect of which the offence is committed is an
    elephant, the offender shall be liable to a fine of P50 000, and to imprisonment for 10
    years;
    ( b) i f the contravention is in respect of any animal specified in Part II of the Seventh
    Schedule, to a fine of P2 000 and to imprisonment for 2 years;
    ( c) if the contravention is in respect of a bird specified in Part III of the Seventh Schedule, to a fine of P1 000 and to imprisonment for 1 year;
    ( d) i f the contravention is in respect of any non-designated animal, or in respect of any
    term or condition of any licence or permit issued to that person, to a fine of P500 and
    to imprisonment for 6 months.

    20. L andholder's privileges

    ( 1) A person shall be entitled to landholder's privileges under this section if-
    ( a) he is the owner of private land or the owner of not less than a quarter undivided share in private land in Botswana;
    ( b) i n the case of land elsewhere than in a game reserve or national park, he is the
    occupier of such land under an agreement of lease or of purchase granted to him by
    the State or a land board other than for the purpose of hunting;
    ( c) he is the occupier of private land in Botswana and has occupied that land for the
    immediately preceding period of not less than three months and has the written
    permission of the owner of the land to enjoy landholder's privileges in respect of that
    land, which written permission shall be in such form as may be prescribed.

    ( 2) A person shall be entitled to enjoy landholder's privileges under this section if-
    ( a) he is the bona fide employee of any person such as is referred to in subsection (1)(a) or (1)(b) and has the written permission of that person to enjoy landholder's privileges in respect of the land in question, which written permission shall be in such form as may be prescribed;
    ( b) he is the bona fide employee of any person such as is referred to in subsection (1)(c) and has the written permission of the owner of the land in question to enjoy
    landholder's privileges in respect of such land, which written permission shall be in  such form as may be prescribed;
    ( c) he is the spouse or child of any person such as is referred to in subsection (1)(a) or (1)(b);
    ( d) he is the spouse or child of any person such as is referred to in subsection (1)(c) or (2)(b) and has the written permission of the owner of the land in question to enjoy landholder's privileges in respect of that land, which written permission shall be in such form as may be prescribed;
    ( e) he is the spouse or child of any person such as is referred to in subsection (2)(a) and has the written permission of the employer of that person to enjoy landhold- er's privileges in respect of the land in question, which written permission shall be in such form as may be prescribed.

    ( 3) No person shall be entitled to landholder's privileges or to enjoy landholder's privileges under this section unless he is a citizen or resident of Botswana, or, being a company, has its registered office in Botswana, or at least 51% of its beneficial shareholders are citizens of Botswana, or the Minister has, by notice in writing, declared, in the interests of wildlife management, that such person shall be entitled to such privileges.

    ( 4) A person shall be entitled to landholder's privileges or to enjoy landholder's privileges under this section only in respect of the land from which in terms of this section the privileges are derived.

    ( 5) Notwithstanding any other provision of this Act, an individual entitled to landholder's
    privileges or to enjoy landholder's privileges in accordance with the provisions of subsection (1) or subsection (2) may, subject to such fees as may be prescribed, hunt and kill, without a licence or permit, any animals, other than protected and partially protected game animals, within the limits of the land in respect of which he is entitled to or to enjoy such privileges, but shall not kill any animal which is listed in the Eighth Schedule in excess of the number specified in relation to that animal in the second column of that Schedule within any one period such as is specified in the corresponding entry in the third column of that Schedule.

    ( 6) Any person who contravenes the provisions of subsection (5) shall be guilty of an
    offence and, where no other penalty is provided under this Act in respect of the hunting of the animal concerned, shall be liable to a fine of P500 and to imprisonment for 6 months.

    ( 7) Where, in any case such as is referred to in subsection (2), the owner or occupier of
    land has given written permission under this section to another person to enjoy landholder's privileges in respect of that land, the owner or occupier may, by notice in writing to that person, at any time withdraw such permission, and such notice shall have the effect of cancelling that person's entitlement to enjoy landholder's privileges in respect of that land with effect from the time when the notice is personally delivered to him.

    ( 8) The owner or occupier of land in respect of which he is entitled to landholder's privileges shall not give permission to any other person to hunt and kill any game animal on such land  unless such other person is either the holder of a valid licence or permit entitling or authorizing him to hunt and kill such animal on such land, or is otherwise entitled to hunt and kill such animal on such land, and any owner or occupier who contravenes the provisions of this subsection and has failed to take all reasonable steps to satisfy himself that such other person was so entitled or authorized to hunt and kill such animal on that land shall be guilty of an offence and liable to a fine of P500 and to imprisonment for 6 months.

    21. U se of landholder's privileges for profit

    Any owner or occupier of land entitled to landholder's privileges may, for his own profit, with the approval of the Director, authorize, in writing, any person who is not so entitled, to hunt on such land those animals that he himself would be entitled to hunt:

    Provided that-
    ( a) nothing in this section shall entitle or authorize such person to hunt any animal on
    such land without being in possession of such licence or permit to hunt such animal
    as may be otherwise prescribed in this Act; and
    ( b) the owner or occupier shall not give such authority unless he has taken all reasonable steps to satisfy himself that such person is in possession of such licence or permit, and any owner or occupier who contravenes or fails to comply with the provisions of this paragraph shall be guilty of an offence and liable to a fine of P500 and to
    imprisonment for 6 months.

    22. Record of animals killed in exercise of landholder's privileges

    ( 1) Every owner or occupier of land in respect of which he is entitled to landholder's
    privileges, shall keep and maintain a record of every animal killed on that land by himself or by any other person hunting on that land with his permission or authority, and shall make that record available forthwith for inspection by any wildlife officer or any police officer who requires him so to do.

    ( 2) The record maintained under this section shall contain, in respect of every animal killed, the following particulars-
    ( a) its species and sex;
    ( b) the date on which it was killed;
    ( c) the location where it was killed;
    ( d) the full name of the person who killed it.

    ( 3) Every owner or occupier of land in respect of which he is entitled to landholder's
    privileges shall, not later than the 15th February in each year, produce to a licensing officer, the record kept by him under this section, or a true copy of every entry made therein, during the immediately preceding year commencing on the 1st January.

    ( 4) Every owner or occupier of such land as is referred to in this section, who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and liable to a fine of P500 and to imprisonment for 6 months.

    23. P ermission or authority of owner or occupier of land

    Any written permission or authority of the owner or occupier of land required in accordance with section 20 or section 21 shall be valid only if signed personally by such owner or occupier, or, where such owner or occupier is a company, by the person duly authorized by the company to sign such permission or authority.

     
     
     
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