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Import and Export) (\ Vild Life) Regulations, 1998 I I •

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Import and Export) (\ Vild Life) Regulations, 1998 I I • StatmorJ Tnstru.:nenl 76 of 1998. [CAP. 20:14 Parks and W ild Life (Import and Export) (\ Vild Life) Regulations, 1998 I I • ARRANGENIENT OF SECTIONS Sectioll ( l. Title. 2. Interpretation. 3. Control of import and export of wild life and trophies. 4. Open general pennits. 5. Permits and certificaces. 6. Fonn of permits, certificates. et cetera. 7. Period of validity of export permits. 8. Permits nor to be transferred. 9. A1nendn1ents and revocc:1 tion of perm.i ~s and certificates . .,n _!,.., Delegation of povvers by Dirtctor ind Directer of Custom~. 11. IPspect8rs. 12. Furnishing of information. 13. P0·,vers of insptctors anJ iepn::-ientative:; of rv1i.11iSt~r . 14. ,l -'.' Offences and pcn,1ltie~. lf 17. Repeals arid ~- Jvings. .«. Contrvlied ·~oo(:s.- I • Sc:co.\n ScHEuULE: \Vilct life. T HIRD ScHEDl·LE: Repeais. Parks and Wild Life (ln1porL and Expon) (Wild Life) Regulations, 1998 .. IT is hereby notified that the Minister of Mines, Environment and Tourism has, in terms of section 129 of the Parks and Wild Life Act [ Chapter 20: 14], made the following regulations:- Tit/e 1. These regulations may be cited as the Parks and Wild Life (Import and Expott) (Wi]d Life) Regulations, 1998. ( Interpretation 2. (l) In these regulations, and in any open general permii:­ "artificially propagated" , means plants grown from seeds, cuttings, tissues, spores or other new propagates under control led conditions; "bred in captivity" means the offspring, including eggs pro­ duced in a controlled environm.ent, either from parents · that n1ated or from transferred gametes in a controHed enviromnent; ='controlied goods" means any goods refen-ed to in the First Schedule; '•Director of Customs" means the Director of Customs and Excise referred to in section 3 of the Custon1s and Excise Act [Chap£er 2J:03] : "Convention" means the Convention on International Trade in Endangered Species and Wild Fauna and-Flora, signed at Washjngton on the 3rd tvlarch~ 1973; "Director'' means the Director of Nation2.1 Parks and \Vild Life-Management referred to ~n section i 07 of the Parks and Wild Life Act fChapter 20: 141: "household ~ffects" means any manufactured or processed goods exported by a resident of Zimbabwe who is ie <lYing the country or in1ported by a person who intends to reside in Zimbabwe and- have been owned by hin1 for 1ncre than six n1onths pnor• to tieI aute' or,.. i• mport ::n- export~ anuJ S.I. 76 of l 998 (c) do not exceed five specimen of the same species; and (d) will be re-imported or re-exported upon return or .. departure as the case may be . "inspector" means- (a) any officer of the Department of Customs and ( Excise; or (b) any officer of the Department of National Parks and Wild Life Management; or (c) any other person appointed by the Minister as an .. inspector in terms of section 11; "Niinister" means the Minister of Mines, Environment and Tourism; "oEen general 12ermit" means an open general impo11 p~rmit or·an open general export permit, as the case may be, issued in terms of section 4; "pern1jt" means a permit issued in terms of paragraph (a) of subsection ( l) of section 5; "personal effect" means any manufactured goods carried on a person for personal use- and does not exceed five specimen of the same species and does not exceed a total value of five hundred United States of America Dollars; r • "'pre-convention wild life or trophy" means any wild life or · trophy thereof which was acquired before the Conven­ tion applied to it; ··ranched wild life" means wild life reared in a controlled environment, the stock of which is taken from the wild, including offs pring obtained from eggs which were coHected from the wild and were hatched or otherwise produced in a controlled environment; :.species'~ means any species, sub-species or geographically · separate population thercoC · Parks and \Vild Life (Import and Export) (Wild Life) Regul::tions, 1998 - --------- - ·--- ''trophy" means- (a l any horn. ivory. t0~)Lh. tusL hone, claw. h01J;_ hide, skj n_ hair or ot1·er durable portion \·;haL-.o­ ,, ever of any anin1a 1, whether processed v· ,·.ot. which is reco&m):1ble a a durable porc.h1:·: ~f any anirnal: ar d (b) ti1e egg of any nnirnal: and ( (c) anything of which the durable portion 01 :~ny animal forms a part, which is declared t0 be f. trophy in terms of section 76 of the Act; ·' "wild life" means- ( a) any animal or plant, wbether alive or di:·a.-I, referred to in the Second Schedule; and (b) the egg or seed of any orga..nism referred to in the Second Schedule; and (c) any portion whatsoever of any organisrr1 fc­ ferred to iJ t~1e Second Schedule. ofr:er ihu11 a trophy, whether such portion is process,e.d c·r not. (2) For the purposes of these regulations. any wi1d iifo referred to in Part I of the Second Schedule which was breo hi captivity, ranched or artificially propagated, as the case may be, fur commercial purposes. shall be deemed to be wild life referred to in Part TI of the Second Schedule. ( Control of import and expo11 of H·ild !ife Cllld trophies 3. ( t) Notwithstanding any othcrlaw, out subjectto this s~ction, no person shall- (a) imp..;rt into or expon: tr .... m 7 imbab\\e Jr::' ,·:ild lif..: , trophy or cont.rolled goods except in acconlance with the terms and conditions of- (i) an open general permit; or (ii) a permit; or 530 S.I. 76 of 1998 (iii) a tr~nsit permit; or (iv) a certificate issued in terms of section 5; and, where appropriate, in accordance with the terms and conditions of an open general licence or licence issued in terms of the Control of Goods (Import and (Export)(Commerce) Regulations, 1974, published in ( Rhodesia Government Notice 766 of 1974; or (b) import into Zimbabwe any wild life referred to in Part I or Part II pf the Second Schedule, or any trophy of such wild life, unless, _in addition to complying with para­ grap~ (a), he holds an export permit or re-export certifi­ cate granted in respect of the wild life or trophy con­ - cerned by an appropriate authority in the country from which the wild life or trophy concerned is being i~­ ported; or ( c) in1port -into Zimbabwe any wild life referred to in Part III of the Second Schedule, or any trophy of _such wild life, unless, in addition to complying with paragraph ( a), he holds- (i) a certificate of origin or other document indicating the· country of origin of the wild life or trophy concerned; and .(ii) if the wild life or trophy concerned is being im­ ported from the country specified opposite thereto in Part III of the Second Schedule, an export permit granted in respect of the wild life or trophy concerned by an appropriate authority in that COtmtry. (2) Subsection ( l ) shall not apply to the import or export cf- I (a) any pre-convention wild life or trophy for which the importer or exporter holds a certificate which- (i) in the case of an import, is issued by an appropriate authority of the country from where the wild life or .. trophy conce1:ned is being imported; or 531 Parks and Wild Life (Import and Export) (Wild Life) Regulations, 1998 ---- ----- - - --- --- -- ---- - --- (ii) in the case of export, is issued by the Director~ or (b) any wild life which was bred in captivity, ranched or artificially propagated, as the case may be, or any trophy of such wild life, if the importer or exporter holds a certificate to that effect- (i) in the case of an import, granted by an appropriate ( authority in the country in which the wild life concerned was bred or propagated; (ii) in the case of an export, issued by the Director; or ... ( c) herbarium specimens, other preserved, dried or en1bed­ ded museum specimens, or live plant material, wherc- (i) their import or export is effected by- A. a museum which is a national rruJiettn1 for the pt;lrposes of the National Museums and Monuments Act [Chapter 25:11]; or B. any other museum approved by the Director; or C. any herbruium approved by the Director; or D. any scientist or scientific organisatjon approved by the Director; (ii) the specimens and material carry a label issued or approved by the Director. (3) No permit or certificate shall be required in terms of ( subsection ( 1) for the in1port or export of any trophy which is a personai effect save in the following cases- . (a) where a person who is ordinarily resident in Zimbabwe imports into Zimbabwe any trophy of wild life referred to in Part I of the Second Schedule which he acquired outside Ziinbabwe~ or (b) where a person who is ordinarily resident in Zirr}babwe imports into Zimbabwe any trophy of wildlife refen-ed to in Part II of the Second Schedule which he acquired outside Zimbabwe in the country where the wile! life 532 S.I. 76 of 1998 concerned was removed from the wilcj, if that country requires the prior grant of an export permit before any export of such trophy; or ( c) where a person who is not ordinarily resident in Zimba­ bwe exports from Zimbabwe any trophy of wild life referred to in Part I of the Second Schedule which he acquired within Zimb~bwe; or C (d) where a person who is not ordinarily resident in Zi1nba­ bwe exports from Zimbabwe any trophy of wild life refened to in Part II of the Second Schedule which was · removed fro1n the wild within Zimbabwe, ifhe acquired such trophy within Zimbabwe.
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