Protected Areas and Wildlife Management Bill

PROTECTED AREAS AND WILDLIFE MANAGEMENT BILL

(Bill No. # of 2017)

(To be presented by the Minister of Environment and Tourism)

Draft of 17 July 2017

PROTECTED AREAS AND WILDLIFE MANAGEMENT BILL, 2017

BILL

To give effect to paragraph (l) of Article 95 of the Namibian Constitution by establishing a legal framework to provide for and promote the maintenance of ecosystems, essential ecological processes and the biological diversity of Namibia, and the utilization of living natural resources on a sustainable basis for the benefit of Namibians, both present and future, and to promote the mutually beneficial co- existence of humans with wildlife, to give effect to Namibia’s obligations under relevant international legal instruments; to repeal the Nature Conservation Ordinance 4 of 1975; and to provide for incidental matters.

ARRANGEMENT OF SECTIONS

PART I INTRODUCTORY PROVISIONS

1. Interpretation

PART II PRINCIPLES OF CONSERVATION AND OBLIGATIONS TO CONSERVE INDIGENOUS BIODIVERSITY

2. Preamble 3. Application 4. Principles of conservation 5. Compliance by organs of State and other persons

PART III ADMINISTRATION

6. Powers of the Minister 7. Roles and functions of the Ministry 8. Designation of conservation officers 9. Powers of conservation officers 10. Honorary conservation officers 11. Powers of honorary conservation officers 12. Authorizations

PART IV PROTECTED AREAS

13. Role of Protected Areas 14. Declaration of Protected Areas 15. Register of Protected Areas 16. Amendment to boundaries of Protected Areas 17. Withdrawal of declaration as a Protected Area 18. Acquisition of land and immovable property for the purposes of a State Protected Area 19. Existing Protected Areas 20. Powers and functions of the Minister within a Protected Area 21. Prospecting and mining in Protected Areas 22. Restriction on entry into or residence in a Protected Area, and prohibition of certain acts in a Protected Area 23. Purposes for which permission to enter Protected Areas may be granted 24. Hunting and collection of wild species in a Protected Areas 25. Killing and removal of unwanted animals and plants in National Parks and Nature Reserves 26. Lure of game from Protected Areas 27. Filming and photography in Protected Areas 28. Management Plan for Protected Areas 29. Use of aircraft in Protected Areas 3

30. Ownership of land inside National Park or Nature Reserve 31. Private Nature Reserves

PART V CONCESSIONS

32. Granting of concessions in State Protected Areas and other areas of State land

PART VI CONSERVANCIES AND CONSERVATION MANAGEMENT AREAS

33. Establishment of conservancies 34. Rights of conservancies 35. Amendment or withdrawal by the conservancy 36. Obligations of the conservancy 37. Role of Traditional Authority in conservancies 38. Registration of Conservation Management Areas 39. Rights and responsibilities of Conservation Management Areas 40. Withdrawal of registration

PART VII WILD ANIMALS AND PROTECTION OF SPECIES

41. Listing of species that require protection 42. Powers of the Minister in relation to hunting seasons 43. Hunting of specially protected species 44. Hunting of protected species 45. Hunting on State land 46. Right of ownership of specially protected and protected species 47. Right of ownership to huntable species and huntable birds 48. Keeping of exotic species 49. Hunting of huntable species 50. Hunting of huntable species by owner or lessee of land 4

51. Hunting of exotic species 52. Lease of hunting rights 53. Conservation hunting for the sake of possession and export of trophies 54. Hunting of wild animal to protect grazing 55. Hunting at night 56. Powers of land owners in regard to persons found hunting 57. Catching, capturing and killing of species and wild animals 58. Poisoning of wild animals 59. Driving or luring of species from another person’s land 60. Capturing, transport and keeping of species for commercial purposes 61. Restrictions in regard to firearms and capturing apparatus 62. Use of vehicles and aircraft when hunting and capturing wild animals 63. Eggs of birds and reptiles 64. Collection of wild animals for scientific and traditional purposes 65. Donation of species and meat of wild animal 66. Sale of wild animal, meat and skins of wild animal 67. Transport of wild animal including parts and derivatives and meat of species 68. Prohibition of the removal of wild animal found dead 69. Possession of skins of specially protected and protected species 70. Inability to give satisfactory account of possession 71. Keeping of closely related species on the same piece of land or farm

PART VIII COUNCIL FOR CONSERVATION HUNTING

72. Establishment of the council for conservation hunting 73. Registration a prerequisite for practicing 74. Functions of the Council 75. Composition of the Council 76. Term of office of members of the Council 77. Disqualifications for appointment as members of the Council 78. Vacation of offices and filling of vacancies on the Council 79. Meetings, quorum and procedures of the Council 5

80. Committee of the Council 81. Administration of the Council 82. Allowance of members of the Council and Committees 83. Disclosure 84. Control over training 85. Keeping of registers 86. Removal of names, from and restoration to register 87. Copy of registers as proof 88. Qualification prescribed for registration 89. Penalties for practicing or for performing certain other acts, while unregistered 90. Rules by the Council relating to improper conduct or misconduct 91. Inquiries by the Council into complaints, charges or allegations of improper conduct or misconduct 92. Procedures at inquiries 93. Penalties for false evidence 94. Penalties to be imposed by the Council 95. Postponement of imposition of penalties and suspension of execution of penalties 96. Effect of suspension or removal from register 97. Cognizance by the Council of conduct of registered persons under certain circumstances 98. Appointment of pro forma complainants 99. Limitations of liability 100. Restriction in, or suspension from, practices of incapable, unfit or incompetent registered persons 101. Offences relating to registration, registers and impersonation 102. Onus of proof 103. Levying of annual fees on registered persons

PART 1X INDIGENOUS PLANTS

104. Powers of the Minister in regard to indigenous plants 105. Picking and transport of protected plants 6

106. Sale, donation, export and removal of protected plants 107. Nursery licenses 108. Receipt of protected plants 109. Picking and transport of indigenous plants 110. Collection of indigenous plants for scientific and traditional purposes

PART X HUMAN WILDLIFE CONFLICT MANAGEMENT

111. Application 112. Declaration of a problem-causing animal 113. Prevention, Protection and Mitigation measures to avoid human wildlife conflict 114. Training of persons for control of problem-causing animals 115. Obstruction of persons in the performance of their duties 116. Defense of human life and other control measures 117. Destruction of problem causing animals

PART XI TRADE AND RESEARCH IN WILDLIFE AND WILD ANIMALS PRODUCTS

118. Trade in wild animal and wild plant including parts and derivatives 119. Import and export of live wildlife and wild animal products 120. Presumption of content 121. Capturing, harvesting, transport and trade in wildlife 122. Breeding in captivity 123. Selective breeding 124. Genetically modified wild animals and wild plants 125. Rehabilitation centers 126. Manufacture and trade in trophies and other wildlife parts and derivatives 127. Propagation, cultivation and trade in protected plants 128. Alien or invasive species

129. Management planning and conservation strategies for wildlife, habitats and ecosystems

130. Wildlife Monitoring and Management

131. Wildlife Research

PART XII COMPLIANCE AND ENFORCEMENT

132. Compliance order 133. Cost orders 134. Offences 135. Continuing offences 136. Forfeiture and other orders 137. Infringement Notices 138. Appeals to the Minister

PART XIII GENERAL PROVISIONS

139. Repeal and amendment of laws 140. Immunity and limitations of liability 141. Codes of practice 142. International agreements 143. Regulations 144. Delegation 145. Short title and commencement

SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4

PART I

INTRODUCTORY PROVISIONS

1. Interpretation

(1) In this Act, unless the context otherwise requires, -

“Act” means this Act and any regulations made under it, and includes regulations made under the Nature Conservation Ordinance, 1975 (4 of 1975) that continue to be in force under this Act;

“adequate fence” means a fence that meets the standards prescribed for an “adequate stock fence” under the Fencing Proclamation, 57 of 1921;

“aircraft” means an airborne craft of any type whatsoever, whether self-propelled or not, and includes a hovercraft and unmanned aerial vehicles;

“alien invasive species” means any species whose establishment and spread outside of its natural distribution range-

(a) threaten ecosystems, habitats or other species or have demonstrable potential to threaten ecosystems, habitats or other species; and

(b) may result in economic or environmental harm, including harm to biodiversity, ecosystems and wildlife or harm to human health;

“animal” includes any vertebrate or invertebrate animal and micro-organisms and the eggs, larvae and young thereof;

“authorization” means a permit, license, quota, registration, approval, permission or exemption which is required, issued or granted under this Act or which was granted or issued under any law repealed by this Act;

“biological diversity or biodiversity” means the variability among living organisms from all sources including, inter alia, terrestrial ecosystems and aquatic ecosystems and

the ecological complexes of which they are part and this includes diversity within species, between species and of ecosystems;

“biological resources” means any biological material of actual or potential value, of plant, animal, microbial, fungal or any other origin, containing functional units of heredity and its progeny and derivatives, including extracts and compounds obtained from genetic resources and analogues of those compounds;

“captivity” means restricting animal movements to such an extent that they become partially or fully dependent on being fed;

“capture” includes any means or method of catching, injuring or immobilizing any wild animal, or attempt to do any of the aforementioned;

“CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora to which Namibia is a Party, and includes any Appendices thereto and any Decisions and Resolutions of the Conference of the Parties;

“coastal zone” means the area comprising coastal public property, the coastal protection zone, coastal access land and coastal protected areas, the seashore, coastal waters and the exclusive economic zone and includes any aspect of the environment on, in, under and above such area;

“communal land” means any area of land which is habitually inhabited by traditional communities and which is subject to Section 15 of the Communal Land Reform Act, 2002 (5 of 2002);

“concession” means the rights, whether full or restricted or shared or exclusive to conduct tourism activities and/or to commercially use state-owned plant and/or animal resources (collectively referred to as wildlife resources) on business principles in proclaimed protected areas and any other State Land for a specified period of time;

“conservancy” means any area declared by the Minister in terms of section 33 of this Act; 10

“conservancy member” means a registered member of a conservancy which is declared by the Minister in terms of section 33 of this Act;

“conservation” means the management of human use of organisms or ecosystems to ensure such use is sustainable;

“conservation officer” means a staff member appointed as such under section 8;

“domestic animal” means any animal that has been anatomically altered through selective breeding, in which the selection is made by humans, or the ova, sperm or young of any such animal;

"endangered species" means any species which is in danger of extinction throughout all or a significant portion of its range in Namibia;

“endemic species” means any plant or animal species that is indigenous to, and confined to a particular region or area of Namibia through historical, ecological or physiological reasons;

“environment” means the complex of natural and anthropogenic factors and elements that are mutually interrelated and affect the ecological equilibrium and the quality of life, and the environment includes:

(a) the natural environment being land, water and air, all organic and inorganic material and all living organisms; and (b) the human environment being the landscape and natural, cultural, historical, aesthetic, economic and social heritage and values;

“exotic species” means any wild species, subspecies or genetic strain that is not indigenous to Namibia;

“game farming” means the extensive management of several or many wildlife species on relatively large surface areas usually larger than 1000ha managed for activities such as sport hunting, culling, sale of live animals and tourism;

“game-proof fence” means a fence which complies with the standard prescribed by regulation for a game-proof fence in relation to a particular species of wildlife;

“habitat” in relation to a specific species, means a place or type of site where such species naturally occurs;

“harvesting season” in relation to indigenous plants means a period determined by the Minister during which harvesting of any indigenous plant for commercial purposes may take place subject to such conditions as may be imposed by the Minister;

“human-wildlife conflict” means any event in which wild animals threaten, harm, destroy or damage human life or property (including damage to or destruction of crops or livestock), or in which wild animals are injured, captured or destroyed as a result of a perceived threat to humans or their property;

“honorary conservation officer” means a person appointed as such under section 10 of this Act;

“hunt” means by any means whatsoever to destroy or to attempt to destroy or to shoot or to attempt to shoot at, or to pursue, to search for, to lie in wait for or to drive with intent to destroy or to shoot at, or to capture, to poison or willfully to disturb any wild animal;

“huntable game” means any species of game of either sex thereof as determined by the Minister in terms of section 41 (2) under this Act;

“indigenous species” means a species that occurs, or has historically occurred, naturally in a free state in nature within a specific protected area, but excludes a species introduced in that protected area as a result of human activity;

“selective breeding” means breeding of one or few wildlife species, for a specific characteristic, on relatively small surface areas, usually less than 1000 ha, totally enclosed, and under predominantly intensively managed conditions;

“intent” means the intention or purpose, to all intents and purposes;

“intertidal zone” means the zone of the shore between the high-water mark and low- water mark;

“issuing authority” means the Minister, organ of State, public officer or professional body empowered under the Act, or by delegation under the Act, to issue or grant an authorization;

“ivory” means a hard, smooth, yellowish to white substance composed of dentine that forms the tusk of an elephant;

“keep” means to hold, confine, maintain, support, retain in possession or take care of;

“landholder” means the registered owner or lessee of land;

“large species” for the purpose of this Act means any animal larger than an adult Springbok;

“occupier of communal land” means a person in actual lawful occupation of the communal land, who has the right to exercise general control over such land;

“local authority” means the Council of any area declared to be a municipality, town or village under section 3 of the Local Authorities Act, 1992 (23 of 1992);

“lure” means anything that attracts, entices, or tempts an animal, such as calls, baits;

“management” in relation to a protected area, includes control, protection, conservation, maintenance and rehabilitation of the protected area with due regard to

the use and extraction of biological resources, community-based practices and benefit-sharing activities in an area;

“management authority” in relation to a protected area, means the organ of state or other institution or person in which the authority to manage the protected area is vested;

“Minister” means the Minister responsible for Environment and Tourism;

“Ministry” means the Ministry responsible for administration of matters relating to the environment and tourism;

“mode of transport” means vehicle or conveyance used for the transport of person, goods, items, exhibit, evidence or such any item referred to in this Act;

“National Park” means an area declared, or regarded as having been declared, in terms of section 14 of this Act as a national park;

“natural resources” means any component of nature, capable of being utilized by humans and include air, land, water, soils, minerals, energy, living organisms other than humans, and biological resources, including all parts and derivatives, as well as genetic resources;

“Nature Reserve” ” means an area declared, or regarded as having been declared, in terms of section 14 of this Act as a nature reserve;

“near-endemic species” means any plant or animal species that is indigenous to, and confined to a particular region or area of Namibia through historical, ecological or physiological reasons but it is marginally present elsewhere, sometimes in the form of distant satellite populations;

“offence” means any action that contravenes the provisions of this Act and the regulations thereto;

“Organ of State” means any part of the Government, including a Ministry, a Government department, or a local authority, or any institution or person appointed by Government to act on its behalf;

“park” means any protected area established in terms of Section 14 of this Act;

“prescribed” means prescribed by regulation under this Act;

”previously disadvantaged persons” mean designated groups as defined by the Affirmative Action Act, 1998 (29 of 1998)”;

“problem-causing animal” means an identified individual wild animal that at any point in time harms, destroys or damages human life or property;

“protected area” means a geographical area that has been declared to be protected under section 14 of this Act;

“protected landscape” means an area declared, or regarded as having been declared, in terms of section 14 as a protected landscape;

“protected species” means all wildlife species listed as protected species in accordance with section 41 (2) of this Act;

“quota” means a specified quantity of a wildlife resource, the removal of which will meet a management or a production objective;

“rehabilitation centers” for the purpose of this Act means any place used for the purpose of restoring any species to its former capacity;

“regulations,” means the regulations made under this Act;

“Regional Council” means a regional council established under section 2 of the Regional Councils Act, 1992;

“Site of Special Conservation or Scientific Importance” ” means an area declared, or regarded as having been declared, in terms of section 14 as a site of special conservation or scientific importance;

“small species” for the purpose of this Act means any animal smaller that an adult springbok;

“sniper riffle” for the purpose of this Act is a person-portable, high precision, shoulder- fired rifle, fitted with a telescopic sight designed to ensure more accurate shooting at longer ranges than other small arms;

“sound suppressor” for the purpose of this Act means is a device attached to or part of the barrel of a firearm or air gun which reduces the amount of noise and visible muzzle flash generated by firing;

“species” means a kind of animal, plant or other organism that does not normally interbreed with individuals of another kind, and includes any sub-species, cultivar, variety, geographic race, strain or geographically separate population;

“specially protected species” means any species in accordance with provisions of section 41 of this Act that are:

(a) critically endangered, endangered or vulnerable, and (b) endemic or near endemic to Namibia,;

“spot fine” means a fine given or imposed immediately in a particular place or locality of limited extent without further legal process;

“sustainable use” means the use of a component of the environment in a way and at a rate that does not lead to the decline of the environment, thereby maintaining its potential to meet the needs and aspirations of present and future generations;

“threatened species" means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range; “Traditional Authority” means an authority established under customary law and recognized as a traditional authority under the Traditional Authorities Act, 2000 (25 of 2000;

“trophy” means any horn, ivory, tooth, tusk, claw, hoof, hide, skin, hair, feather, egg or other durable portion whatsoever of any wild animal, whether processed or not, which is recognizable as a durable portion of such wild animal;

“vest” as used in this Act refers to original control and jurisdiction of all wildlife and/or its components;

“wild animal” means any animal of a species belonging to a non-domesticated species, whether or not that animal has been bred, tamed or is kept in captivity;

“wildlife” means any animal or plant, including its parts and derivatives occurring ordinarily in a natural state;

“wildlife habitat” means the whole or any component of any ecosystem which sustains wildlife;

“wildlife product” means any part or derivative of wildlife, and without limitation includes any part or derivative of a wild animal or plant, egg, seed, extract, medicine or item made from wildlife, and any genetic resources derived from wildlife.

PART II

PRINCIPLES OF CONSERVATION AND OBLIGATIONS TO CONSERVE INDIGENOUS BIODIVERSITY

2. Preamble

Article 95 (l) of the Constitution of the Republic of Namibia provides that the State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at: “maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future generations”. The purpose of this Act is to provide a regulatory framework for the protection, conservation and restoration of species and ecosystems, the sustainable use and sustainable management of indigenous biological resources, the establishment of the Council for Conservation Hunting and the management of protected areas in order to conserve biodiversity and to contribute to national development.

3. Application

(1) This Act applies to the State and all persons over whom the State has jurisdiction.

(2) This Act applies throughout the Republic of Namibia, as defined in Article 1 (4) of the Namibian Constitution.

4. Principles of Conservation

The principles underlying this Act are to promote national development goals regarding sustainable development, poverty eradication and economic development, and include but not limited to: (a) biological diversity, including genetic diversity, must be maintained, and where necessary, restored;

(b) essential ecological processes and life support systems must be maintained, and where necessary, restored; (c) sustainable use of wildlife populations should be promoted, while ensuring that there will be no detrimental impact on biodiversity, ecosystem integrity or essential ecological processes; (d) the State will provide incentives for land holders and land occupiers to adopt land uses that promote the conservation of indigenous biological resources and the maintenance, and where appropriate, rehabilitation of ecosystems; (e) access to benefits from the use of indigenous biological resources, including from wildlife utilization should be equitable; (f) ownership of wildlife vests in the State, unless otherwise provided for under this Act; (g) authority over the use of wildlife should be passed to the appropriate level of society that will ensure sustainable use of wildlife and effective conservation of biodiversity and ecosystems; (h) the State will ensure that State protected areas represent biodiversity of Namibia; and (i) the State will share responsibilities with private sector and other land owners to manage shared resources.

5. Compliance by organs of State and other persons

(1) Every organ of State, officer, or other person exercising a public function or performing a public duty, or any other person that is likely to affect the use, protection, or conservation of indigenous biological resources in Namibia shall give effect to the purpose of this Act, and in particular shall:

(a) have regard to, apply and provide for the principle of State policy contained in Article 95(l) of the Namibian constitution and the conservation principles mentioned in section 4 in exercising that public function or performing that public duty; (b) promote the conservation of indigenous biological resources and the maintenance of ecosystems by undertaking long term integrated planning 19

which considers the environment as a whole and by co-operating with other public bodies and organizations; (c) exercise their regulatory and other powers: (i) to promote equitable access for all Namibians to opportunities to benefit from the sustainable use of indigenous biological resources; (ii) to minimize the risk of indigenous biological resources being used in an unsustainable manner or in a manner that may have a detrimental effect on biodiversity, ecosystem integrity, or ecological processes; and

(2) The Minister shall monitor compliance by all organs of State and other persons with the provisions of subsection (1) and may:

(a) take appropriate steps and make such inquiries as he or she deems fit in order to determine if the provisions of subsection (1) are being complied with by any such organ of State; and (b) if in pursuance of any step taken or inquiry made under subsection (2) (a), the Minister is of the opinion that the provisions of subsection (1) are not being complied with by any such organ of State, the Minister may; (i) request the responsible Minister under whose jurisdiction the organ of State in question falls to remedy the situation. (ii) issue a directive to any other person or institution to become compliant

(c) Any person or organ of State specified under paragraph (b) who fails to take steps to comply with subsection (1) in a reasonable time, the Minister may take any action which he or she deems appropriate to ensure compliance and to recover the cost of such steps from the relevant person

PART III

ADMINISTRATION

6. Powers of the Minister

(1) In order to give effect to the purposes of this Act, the Minister:

(a) may, subject to the prior approval of the Cabinet, enter into any agreement with any party relating to the use, protection, or conservation of wildlife and wildlife habitats, trade in wildlife products, or the enhancement of the environment and the sustainable management of natural resources, whether within Namibia, a particular region, or globally; (b) may establish and publish standards, fees, codes of practice, guidelines, directives and procedures, for the management, conservation and sustainable use of Namibia’s biological diversity and its components, restriction of activities which impact on biodiversity and its components, wildlife habitats and ecosystems and set indicators to measure compliance with those norms and standards; (c) may, subject to approval by Cabinet, purchase or subject to compensation, expropriate any property for conservation or any other purpose under this Act, if that purpose is a public purpose or is in the interest of the public; (d) may amend fines and penalties set in this Act by Regulation in the Gazette;

(e) Minister may withhold issuing of any permit or registration related to any form of wildlife utilization from any person until outstanding information has been submitted; (f) may in writing delegate any power conferred upon him or her by or under this Act, except the powers to make regulations and to hear reviews, to any officer of the Ministry or to any other Ministry or any honorary conservation officer; (g) in consultation with Cabinet may establish the renewable generation of electricity for the purposes of the management of game parks,

nature reserves and other protected areas or protection of the environment or the combatting of climate change; and (h) may deregister, suspend, cancel any registration for severe or repeat offenders; (i) should ensure that the granting of other rights of use of natural resources should not negatively impact conservation objectives of the conservancy; (j) may by Notice in the Gazette, establish any forum or advisory committee to further the objects of this Act and determine its composition and functions.

7. Roles and functions of the Ministry

(1) The Ministry shall exercise the functions conferred on it under this Act in order to provide for and promote biodiversity conservation, the practice of sustainable utilization and the maintenance and rehabilitation of essential ecological processes.

(2) The functions of the Ministry are: (a) to institute measures for the implementation of this Act both on its own initiative and in co-operation with other organs of State, non- governmental organizations, private sector organizations, and members of the public; (b) to ensure effective protection of wildlife, habitats and ecosystems by inter alia proclaiming new protected areas or by entering into management agreements with landholders or other persons in accordance with the provisions of this Act; (c) to monitor the implementation of the Act and assess its effectiveness and to advise the Minister on ways of giving effect to the purpose of the Act more effectively; (d) to prepare management plans and conservation strategies for State protected areas, species, habitats or ecosystems requiring protection for consideration and approval by the Minister and to promote their implementation;

(e) to monitor the state of indigenous biological resources and their habitats and to make this information accessible; (f) to promote, in collaboration with other appropriate bodies and organizations, training, education and public awareness programs relating to wildlife management and the conservation of indigenous biological resources; (g) to promote, in collaboration with other appropriate bodies and organizations, the sustainable utilization of wildlife resources in the interest of biodiversity conservation and economic development; (h) to provide economic incentives for sustainable utilization of natural resources in order to enhance economic growth, development and poverty reduction; (i) to disseminate and facilitate public access to information on wildlife and wildlife habitats; (j) to facilitate public involvement in decision making concerning the sustainable management of wildlife and wildlife habitats; (k) to develop standards, codes of practice, guidelines, directives and legislation for effective protection of wildlife, habitat, biodiversity and ecosystems; (l) to publish standards, codes of practice, guidelines, directives and other information relating to wildlife management and conservation; (m) to conduct inspections and take other measures to monitor compliance with this Act and to conduct investigations into alleged contraventions of this Act; (n) to take all reasonably practical measures to enforce this Act and other environmental protection legislation either on its own initiative or in co- operation with relevant Government Institutions and the Namibian Police, including issuing and enforcing orders and prosecuting offenders; (o) to implement international agreements which relate to protected areas, wildlife management, biodiversity and ecosystems; (p) to ensure that the status of key natural processes, ecosystems and species are closely monitored to enable early detection of degradation

or threats, to ensure timely intervention and to facilitate the evaluation of conservation policies and methods; (q) to advise the Government on matters related to the sustainable management of wildlife and wildlife habitats; (r) to formulate policies relating to the sustainable management of wildlife and wildlife habitats; (s) to develop, in co-operation with other organs of State as appropriate, measures that encourage the sustainable management of wildlife and wildlife habitats. (t) to provide technical and other support to land holders, conservancies, regional and local authorities and other bodies, as appropriate, concerned with the sustainable management of natural resources; (u) to undertake and promote research and monitoring into matters relevant to the sustainable management of wildlife and wildlife habitats, conservation of biological diversity and the maintenance of ecological processes; (v) to foster cooperation and partnership with private sector and civil society; (w) to recognize and collaborate with specialist groups with technical expertise in different fields that are contributing to the objectives of this Act; (x) to perform other functions incidental or delegated to the Ministry in order to further the purpose of this Act; and (y) to protect items and features of archaeological, historical, geological and cultural value within protected areas in partnership with any person or Organ of State.

8. Designation of Conservation Officers

(1) The Minister may designate in writing any staff member of the Ministry, either by name or ex officio, as a conservation officer for the purpose of this Act.

9. Powers of Conservation Officer

(1) A conservation officer, may, for the purposes of this Act, without a warrant, at any reasonable time and with any reasonable assistance:

(a) enter into or upon any building, vehicle, aircraft, vessel, land, waters, or any other place; (b) stop any person, vehicle, vessel or any other mode of transport that the conservation officer reasonably believes is being used or has been used in the commission of an offence under this Act; (c) search any person, premises, place, vehicle, vessel, boat, water bodies, aircraft tent or receptacle of whatever nature if it is on reasonable grounds suspected that there is at or in such premises, place, vehicle, vessel, boat, water bodies, aircraft, tent or receptacle any animal, animal product, plant, plant product or article which may afford evidence of the commission of an offence under this Act, and may seize any such animal or article wherever found; (d) take samples; (e) take photographs and videos; (f) record or copy any information by any method; (g) require the production of any document, record or other article that is required to be kept under this Act, and any other document that is related to the purposes of the inspection and remove it for the purpose of making copies or extracts, provided that no such document, record or article shall be removed without providing a receipt; (h) inspect and seize any communication and electronic data processing and storage devices that may constitute evidence of the commission of an offence under this Act; (i) make reasonable inquiries of any person, orally or in writing; (j) seize any wildlife or wildlife product that the conservation officer has reasonable grounds to believe is being held illegally or constitutes evidence of an offence under this Act; (k) seize any firearm, ammunition, vessel, vehicle, aircraft, equipment or device that the conservation officer has reasonable grounds to believe has been used in the commission of an offence under this Act;

(l) at any time conduct investigation which he or she deem necessary in order to determine whether the provisions of this Act are being complied with;

(2) A conservation officer shall, in respect of any offence committed within the Republic of Namibia, have the powers of arrest and detention conferred on a peace officer by Chapter 5 of the Criminal Procedure Act, 1977 (51 of 1977) as amended, and may, arrest without a warrant any person who is on reasonable grounds suspected of having committed an offence under this Act.

(3) Any conservation officer designated by the Minister who reasonably suspects that any animal or plants or their parts and derivatives which may afford evidence of the commission of an offence under this Act is present at any place, may, without a warrant, search that place, person and any premises, vehicle or any other mode of transport, tent or receptacle of whatever nature at that place, and may seize any such animal or plants or their parts and derivatives.

(4) A conservation officer shall, upon demand of an occupant of the premises, place, vehicle, vessel, or tent to be searched, show his or her proof of authority to act as provided for under the regulations.

(5) Any person who is asked by a conservation officer taking action under subsection (1) to do anything that is necessary in order to enable the conservation officer to carry out that action, shall immediately comply with the request.

(6) A conservation officer may without a warrant enter on any premises and search for, seize and remove anything referred to in subsection (1), if: (a) the person who is competent to do so consents to such entry, search, seizure and removal; or (b) there are reasonable grounds to believe that – (i) a warrant would be issued to the peace officer if he applied for such warrant; and 26

(ii) the delay in obtaining such warrant would defeat the purpose of the search.

(7) A conservation officer may at any time question any person who in his opinion may possibly be able to furnish any information which he requires in connection with the enforcement of any provisions of this Act, and for that purpose, without warrant and without permission demand that any vehicle, vessel, boat, raft, aircraft or other means of conveyance be brought to a standstill and remain stationary until he or she has completed his or her questioning and has given permission that it may depart or continue its journey.

(8) A conservation officer may at any time order any person who in his or her opinion may possibly have information which is material in connection with a contravention of this Act, to furnish him or her with such information as such person may be able to give.

(9) A conservation officer may demand the name and address of any person- (a) who has committed an offence in terms of this Act, or who is reasonably suspected of having committed such an offence; (b) who is reasonably considered to be able to give evidence in connection with an offence committed in terms of this Act, or is reasonably suspected of having been so committed.

(10) A conservation officer may remove any snare, trap, spring trap, pitfall, holding pen, trap cage, net, birdlime, set line, gun trap, or cartridges therefor, poison or any other like article, means or contrivance which is being used or which is suspected of being used unlawfully to hunt or catch any wild animal, from the place where it is found, or if such removal is impossible or dangerous or difficult, destroy or render it harmless.

(11) Without a warrant, a conservation officer may seize and confiscate any wild animal or wild plant including their parts and derivatives, firearms or any other item which is found in possession of, or held in captivity by any person if- 27

(a) such person fails, at the demand of such conservation officer, to produce a permit, license, exemption, written authority or permission or any other document authorizing such possession or captivity; (b) such wild animal or plant including their parts and derivatives is in possession of or is being kept in captivity by such person contrary to any condition specified in a permit, license, exemption, written authority or permission or any other document produced by such person authorizing such possession or keeping. (12) Without prejudice to the rights, under this Act, the regulations or any other law of any other person to do so, a conservation officer may lay charges for contraventions of this Act or the regulations.

(13) A conservation officer may lay any charge under this Act or the regulations, or may obtain the assistance of any other person to do so.

(14) A conservation officer shall have the powers conferred upon a Peace Officer in terms of the Police Act, 1990 (Act 19 of 1990).

(15) Any person who assaults or resists or hinders or impedes a conservation officer or the assistant or interpreter of a conservation officer in the exercise of his or her powers or the performance of his functions or duties, or willfully interferes with such conservation officer, assistant or interpreter, shall be guilty of an offence and liable on conviction to a fine not exceeding N$40 000 or to imprisonment for a period not exceeding four years, or to both such fine and such imprisonment.

(16) A person who- (a) falsely pretends to be a conservation officer or the assistant or interpreter of a conservation officer; (b) refuses or fails to comply forthwith with any order, direction, requirement or request given or put to him by a conservation officer or the assistant or interpreter of a conservation officer in the exercise of any power or the performance of any function or duty in terms of this

Act, or who furnishes untrue or misleading information when complying with such order, direction, requirement or request. shall be guilty of an offence and liable on conviction to a fine not exceeding N$40 000 or to imprisonment for a period not exceeding four years, or to both such fine and such imprisonment.

(17) The Minister may revoke the powers of the Conservation officer on the ground of- (a) misconduct, incapacity or incompetence; and (b) conviction of a criminal offence.

(18) The Minister may suspend powers of the Conservation Officer under an investigation in terms of this section.

10. Honorary Conservation Officer

(1) The Minister may designate in writing any person who is not a conservation officer, either by name or ex officio, as an honorary conservation officer for the purpose of this Act.

(2) The Minister may limit the exercise of powers granted to an Honorary Conservation Officer appointed in terms of subsection (1) to specific geographical or administrative areas.

11. Powers of Honorary Conservation Officer

(1) A Honorary Conservation Officer at any time may conduct any investigation which he or she deems necessary in order to determine whether the provisions of this Act are being complied with, and report to a conservation officer accordingly.

(2) A Honorary Conservation Officer may at the request of the Minister, in the manner and at the times determined by the Minister, or at any time of his or her own accord, report to the Minister in relation to malconditions,

malpractices, abuses and other matters in connection with the protection of wild animals, indigenous and protected plants in the area for which he or she has been appointed.

(3) As soon as possible after it has come to his or her notice, report or cause to be reported, to the nearest conservation officer any offence in terms of this Act or any other law relating to the conservation of wild animals and indigenous and protected plants in his or her area and in such report provide information in relation to-

(a) any noticeable decrease or increase in the numbers of any particular species and the possible or probable reasons for such decrease or increase; (b) prominent movements of wild animals such as migration from one farm or area to another, and the possible or probable reasons therefor; (c) epidemics or diseases occurring amongst wild animals or indigenous or protected plants; (d) particular difficulties caused by wild animals; (e) comments on the hunting, capturing and keeping of wild animals, the picking of indigenous and protected plants in his area or any part thereof; (f) proposals in connection with the hunting regulations for the next hunting season; (g) proposals in connection with the amendment of this Act or any regulations made and in force thereunder or any other law containing provisions relating to nature or wildlife conservation and which is in force in his area; (h) comments on the control and development of protected areas, conservancies and landscape conservation areas; and (i) comments on any matter relating to wildlife and protected area management.

(4) Any person who assaults or resists or hinders or impedes a honorary conservation officer or the interpreter of a honorary conservation officer in the 30

exercise of his or her powers or the performance of his functions or duties, or willfully interferes with such honorary conservation officer, or interpreter, shall be guilty of an offence and liable on conviction to a fine not exceeding N$40 000 or to imprisonment for a period not exceeding four years, or to both such fine and such imprisonment.

(5) A person who- (a) falsely pretends to be a honorary conservation officer or interpreter of a honorary conservation officer; (b) refuses or fails to comply forthwith with any order, direction, requirement or request given or put to him by a honorary conservation officer or the interpreter of a honorary conservation officer in the exercise of any power or the performance of any function or duty in terms of this Act, or who furnishes untrue or misleading information when complying with such order, direction, requirement or request. shall be guilty of an offence and liable on conviction to a fine not exceeding N$40 000 or to imprisonment for a period not exceeding four years, or to both such fine and such imprisonment.

(6) The Minister may revoke the powers of the Honorary Conservation officer on the ground of- (a) misconduct, incapacity or incompetence; and (b) conviction of a criminal offence.

(7) The Minister may suspend the powers of the Honorary Conservation officer under an investigation in terms of this section.

12. Authorizations

(1) All authorizations issued in terms of this Act shall be in writing, print or electronic form, and may take the form of:

(a) a permit; 31

(b) a registration certificate; (c) a letter; (d) a contract or other written agreements; or (e) tags and quotas;

(2) In deciding whether or not to issue an authorization, the issuing authority shall:

(a) be guided by the principles of conservation set out in section 4; (b) be guided by any relevant standards, codes of practice, guidelines, policies and procedures made or approved by the Minister under this Act.

(3) The issuing authority:

(a) may delay taking a decision on whether or not to grant an authorization until the applicant has complied with any prescribed obligations relating to the submission of information or plans; (b) may refuse to issue an authorization on reasonable grounds; (c) may issue or grant the authorization subject to whatever general or specific terms and conditions the issuing authority considers necessary or appropriate to achieve the purpose of the Act; (d) may withdraw any authorization on sufficient reasons or amend any term or condition of the authorization or add further terms and conditions.

(4) Whenever the issuing authority exercises any powers under subsection (3) (a), (b) or (d) the issuing authority shall inform the holder in writing of the decision and shall give written reasons for its decision.

(5) The holder of, or any person in possession of, an authorization that has been cancelled or amended under subsection (3) shall seize operations immediately and return the authorization to the issuing authority within the period stipulated in writing by the authority.

(6) Any person who contravenes or fails to comply with any provision of subsection (5) shall be guilty of an offence and liable to a fine of not exceeding twenty thousand Namibian dollars (N$20 000) or imprisonment of two (2) years or both such fine and such imprisonment.

(7) Whenever a person is acting under an authorization, unless the written terms of the authorization dispense with this requirement, such authorization must be kept on his/her person and be produced immediately on demand.

(8) Any person who contravenes or fails to comply with any provision of subsection (7) shall be guilty of an offence and liable to a fine of not exceeding twenty thousand Namibian dollars (N$20 000) or imprisonment of two (2) years or both such fine and such imprisonment.

(9) Unless otherwise specified, no authorization will be issued for a period longer than one year.

(10) Refusal of permits:

(a) an issuing authority may refuse a permit- (i) in accordance with a ground for refusal based on the objectives of this Act; (ii) if the carrying out of the restricted activity is likely to have a negative impact on the survival of species, biodiversity, ecosystem or habitat or Namibia’s international obligations or its international reputation; (iii) if the applicant has been convicted of an offence in terms of this Act for a an activity subject to a similar permit; (iv) if there are grounds for concern over the welfare of the species or individual animals concerned; or (v) in accordance with a ground for refusal contemplated in any regulation.

(b) The Minister may from time to time issue directives, which are binding on the issuing authority, to ensure the effective implementation of paragraph (a).

(11) Cancellation of permits:

(a) an issuing authority which issued a permit may cancel the permit if- (i) the permit was issued as a result of misleading or false representations by the applicant or a person acting on behalf of the applicant; (ii) the applicant or permit holder has contravened or failed to comply with any condition of the permit, any provisions of this Act or other law governing the permitted activity, or any foreign law governing the permitted activity; (iii) the applicant or permit holder has been convicted of an offence in terms of this Act; or (iv) the carrying out of the restricted activity has a detrimental impact on survival or welfare of the species, biodiversity, ecosystem or habitat or Namibia’s international obligations or its international reputation. (b) an issuing authority may recover any reasonable costs incurred by that authority and necessitated by the cancellation of the permit, from the permit holder. (c) The Minister may in his or her discretion –

(i) attach conditions as he or she may determine in addition to any prescribed condition or restriction given in the issuing of a permit; and (ii) amend or withdraw any condition imposed under subsection (11) (c) (i).

(12) Renewal and amendments of permits:

(a) a permit holder may, before the expiry date of a permit, apply to an issuing authority for the renewal or amendment of such permit. (b) an application for the renewal or amendment of a permit must be in the form, contain such information and be accompanied by such processing fees as may be prescribed. (c) in considering an application to renew or amend a permit, the issuing authority must have regard to the same matters which it was required to consider when deciding on the initial application for that permit. (d) an issuing authority may for good reason amend or substitute any condition attached to a permit and any new information at the time of the renewal application.

(13) Suspension of permits:

(a) an issuing authority which issued a permit may suspend the permit if- (i) the carrying out of the restricted activity is likely to have a negative impact on the survival of the species, biodiversity, ecosystem or habitat or Namibia’s international obligations or its international reputation; (ii) the permit holder is under investigation for the contravention of or failure to comply with an provision of this Act or any condition of the permit. (b) An issuing authority may recover any reasonable costs, incurred by that authority and necessitated by the suspicion of the permit, from the permit holder.

PART 1V

PROTECTED AREAS

13. Role of Protected Areas

(1) The State shall establish and maintain a network of protected areas that would:

(a) to the greatest extent possible represent the diversity of Namibia’s biodiversity, landscapes, and ecosystems; (b) assist in the mitigation of the effects of climate change through ensuring connectivity between critical habitats and refuges for species; (c) conserve biodiversity and ecosystems in those areas; (d) wherever possible, and in a manner compatible with the conservation of biodiversity and ecosystems, contribute to local, national and regional development; (e) be managed for: (i) the perpetual protection of such biodiversity, landscapes or ecosystems to the benefit of current and future generations; (ii) the maintenance of Namibia’s diverse cultural heritage; (iii) the facilitation of research on matters relating to the conservation of biodiversity and ecosystems; (iv) the recreation and education of visitors; (v) the restocking of other areas of land where game numbers have been depleted; (vi) the reduction of human-wildlife conflict in a manner compatible with the objectives of the protected area concerned; and (vii) economic growth. (f) preserve the ecological integrity of those areas; (g) protect areas representative of all ecosystems, habitats and species naturally occurring in Namibia; (h) protect Namibia’s endangered, threatened, endemic, or rare species; (i) protect an area which is vulnerable or ecologically sensitive; (j) assist in ensuring the sustained supply of environmental goods and services; (k) provide for the sustainable use of natural and biological resources; (l) create or augment destinations for nature based tourism; (m) manage the interrelationship between ecosystems, biodiversity, land use, human settlement and economic development; (n) generally, contribute to human, social, cultural, spiritual and economic development; or 36

(o) rehabilitate and restore degraded ecosystems and promote the recovery of endangered and vulnerable species.

14. Declaration of Protected Areas

(1) The Minister may, by notice in the Gazette, in terms of this Act or the regulations hereto, declare any area to be a Protected Area in one of the following categories:

(a) a National Park, to protect the ecological integrity of one or more ecosystems for present and future generations, to exclude exploitation or occupation inconsistent with such protection and to provide a foundation for compatible cultural scientific, educational, recreational and visitor opportunities; (b) a Nature Reserve, to secure and maintain by active intervention for management purposes, areas that are necessary to ensure the maintenance of habitats and/or to meet the requirements of specific species, groups of species or biotic communities, to enable recreational opportunities and sustainable use of wildlife and to facilitate scientific research, environmental monitoring and public education relating to sustainable resource management; (c) a Site of Special Conservation or Scientific Importance, to conserve a particular site which contains one or more specific natural features or species which are of outstanding or unique value because of their inherent rarity, representative or aesthetic qualities; (d) a Protected Landscape/landscape conservation area, to protect areas where the interaction of people and nature over time has produced an area of distinct character with significant aesthetic, ecological and/or cultural values, to maintain the diversity of landscape and habitat and associated species and ecosystems of such areas and to contribute to the welfare of the local community and farmland through the provision of natural products and services and the sustainable use of natural resources. A protected landscape/landscape conservation area shall be established through an agreement by the Minister with a local

community, farmers or any other party to reduce biodiversity pressure, create wildlife corridor and improve the status of the land for – (i) maintenance of wildlife populations at landscape level; (ii) security for wildlife movements across land units and water and range access; (iii) compatibility of land uses in adjacent land units with overall biodiversity management goals and protected area management; (iv) containment of threats such as predation, overstocking with livestock/game, and tourism impacts; and (v) adaptive management to cope with the predicted impact of climate change. (e) a Contractual Park, to protect areas where people and nature interact for conservation of natural resources and benefit thereof, established through an agreement by the Minister with another organ of state, a local community, any person or any other party for the collaborative management of natural resources in the area by the parties, or the regulations of human activities that affect the environment in the area. A management agreement may provide for – (i) the delegation of powers by the Minister to the other party to the agreement; (ii) the apportionment of any income generated from the management of the protected area of any other form of benefit sharing between the parties; (iii) the use of biological resources in the area; (iv) access to the area; (v) occupation of the protected area or portions thereof; (vi) development of economic opportunities within and adjacent to the protected area; (vii) development of local management capacity and knowledge exchange; (viii) financial and other support to ensure effective administration and implementation of the agreement; and (x) any other relevant matter. 38

(2) In deciding whether or not a particular area should be declared to be a protected area in one of the categories described in subsection (1), the Minister may take into account the objectives for establishing the protected area and the suitability of the area to accomplish these objectives, and shall be guided by the selection criteria and typical management objectives set out in Schedule 2.

(3) Protected Areas shall be managed by the Ministry on behalf of the people of the Republic of Namibia unless otherwise provided by an agreement with the appropriate entity recognized by the Minister.

(4) In the case of a protected landscape/landscape conservation area or contractual park, the Minister may cancel a management agreement after giving reasonable notice to the other party if the agreement is not effective or is inhibiting the attainment of any of the management objectives of the protected area.

15. Register of Protected Areas

(1) The Minister shall maintain a register called the Register of Protected Areas.

(2) The register must –

(a) contain a list of all protected areas; (b) indicate the kind of protected area in each case; and (c) contain any other information determined by the Minister.

16. Amendment to boundaries of Protected Areas

(1) The Minister may from time to time, after consultation with Cabinet, amend the boundaries of any protected area, if such amendments do not conflict with the management objectives of such a protected area.

(2) Any such amendment of the boundaries of a Protected Area shall be made known by notice in the Government Gazette.

17. Withdrawal of declaration as a Protected Area

(1) The Minister may, after consultation with the public and Cabinet, withdraw the declaration of an area as a protected area.

(2) Any such withdrawal of a Protected Area shall be made known by notice in the Government Gazette.

18. Acquisition of land and immovable property for the purposes of a State Protected Area

(1) The Minister, in consultation with the Cabinet, may acquire land for the purpose of incorporating it within, or proclaiming it as, a protected area. Land for this purpose may be acquired by any lawful manner including by purchase, donation, by exchanging it for State land situated outside a protected area, through partnerships, or, failing agreement with the owner, by expropriation.

(2) The provisions of the Expropriation Act, 1975 (63 of 1975) shall apply in connection with any expropriation of land under subsection (1).

(3) Land acquired by the Minister under subsection (1) for the purposes of incorporating it into a protected area, shall forthwith be included in that protected area by means of a declaration under section 14.

(4) If the Minister deems it necessary for the control, management and maintenance of a protected area, the Minister may acquire by any lawful manner including by purchase, by exchanging it for State land situated outside a protected area, or, failing agreement with the owner, by expropriation, any immovable property outside a protected area.

19. Existing Protected Areas

(1) Areas proclaimed as protected areas prior to the promulgation of this Act are reclassified in the categories given in section 14 (1) and are indicated as such in schedule 3.

20. Powers and functions of the Minister within a Protected Area

(1) The Minister may within any Protected Area declared under Section 14, and subject to the provisions of the management plan and as prescribed in the regulations for that protected area:

(a) cause to be established an appropriate management plan and implement the management plan including the zoning of the area concerned for specific purposes; (b) cause to be developed such infrastructure and provide such facilities as the Minister may consider necessary for the control, management, use or maintenance of the protected area; (c) restrict the number of tourists and/or vehicles, and/or prohibit entrance of certain types of vehicles in terms of a visitor carrying capacity established for the protected area concerned which has been based on environmental and other appropriate criteria; (d) reserve areas as special areas for specific management to meet the protection needs of a particular specie or species; (e) order the eradication of, or prohibition of propagation of alien species and prescribe other plants prohibited from propagation for ornamental purposes; (f) cause to be provided, accommodation and related facilities for visitors; (g) cause to be provided, meals and refreshments for visitors; (h) cause to be provided, through a concession, any business or trade to be carried on or supply any other service for the convenience of visitors; (i) establish, erect, equip and maintain any building, structure, depot or premises required in connection with any matter referred to in paragraph (g), (h) and (i), or lease any site required for such a purpose; (j) in terms of a concession, lease any land, building, structure or other facility which has been acquired or erected in terms of this Act, provided 41

that the purpose for which the property is leased and the terms and conditions of the lease are consistent with the attainment of the purpose of this Act; (k) make such charges as may be determined in connection with any matter referred to in paragraph (g),(h) and (i) and in terms of Section 22 if such charges relate to a concession or which are to be paid in respect of permission to enter or reside in a protected area; (l) authorize any person to carry on, subject to such conditions and to the payment of such charges as the Minister considers fit, any activity compatible with the objectives for which the protected area was established and the purposes of this Act; (m) take any appropriate measures to give effect to, or rehabilitate protected areas or parts thereof, disturbed through prospecting or mining or other extractive activities; which cannot otherwise be rehabilitated under agreements with persons authorized to conduct prospecting, mining or other extractive activities; (n) in agreement with another organ of State, perform such functions as are usually performed by that body; (o) authorize the sustainable utilization of natural resources; (p) establish artificial water points subject to the management plan for the area; (q) re-introduce to any protected area any species that occurred in the area concerned within historical times; (r) prohibit domestic animals in protected areas unless they are conveyed on a public road; and (s) take any other action that promotes the principles of conservation contained in Section 4.

(2) The Minister may grant exemption or partial exemption from payment of any or all of the charges determined under subsection (1)(l) or the fees payable in terms of any regulation, to members of the Ministry, to any officer and any employee, and to any particular other person.

(3) The Minister may sell or exchange or donate specimens of wildlife from a Protected Area, and may purchase, exchange or otherwise acquire any wildlife which is considered desirable to introduce into a protected area.

(4) Notwithstanding subsection (3) the Minister may not introduce into a Protected Area any living organism that is not of a species or genetic strain indigenous to that protected area unless the introduction is on the grounds that it furthers the purpose of this Act.

(5) Subject to the management plan for the area, the Minister may set a quota for the consumptive or non-consumptive use of wildlife in a protected area subject to the conditions set out in Regulations under this Act.

21. Prospecting and mining in Protected Areas

(1) The Minister, may identify any protected areas or parts thereof that will not be made available for prospecting or mining in accordance with the Minerals (Prospecting and Mining) Act, 1992 (33 of 1992). Such areas shall include, but are not limited to the following:

(a) Ecologically sensitive areas such as migratory corridors and unique habitats; (b) Areas with unique and/or high biodiversity; (c) Known breeding areas of any marine species, bird, mammal or reptile; (d) Any wetland, permanent river or ephemeral river course; (e) Areas with existing economic activities that would be compromised by prospecting and/or mining; (f) Areas with the potential to be developed into economically viable tourist or other compatible operations; (g) Areas with high recreational value or potential; (h) Sites of high and/or unique cultural, historic and/or archaeological value; and (i) Any other area which the Minister may decide on.

(2) No person shall undertake any prospecting or mining activities of any nature within a protected area except under and in accordance with a written authorization from the Minister as provided for in the regulations under this Act.

(3) Officers of the Ministry shall from time to time carry out inspections of all mining and prospecting activities within a protected area to ensure compliance with all relevant laws and authorisations and shall have the right to enter mining premises in order to carry out such inspections and to issue a cease and desist notice in situations of non-compliance.

(4) The Minister shall not grant any authorisation under subsection (2) in respect of land included in any protected area unless:

(a) taking into account the ecological, biodiversity, socioeconomic and cultural heritage values and their vulnerability that there are no alternatives for equivalent mineral exploitation outside of the protected areas network; (b) a detailed assessment in terms of the Environmental Management Act, 2007 (Act 7 of 2007), or any other relevant Act or supporting Regulations, of the potential environmental impacts of the proposed activities has been undertaken during a procedure that made adequate provision for public participation; (c) an adequate Environmental Management Plan has been developed for the proposed activities; (d) an adequate rehabilitation plan for the proposed activities has been developed and a rehabilitation deposit at the prescribed fee, as determined in conjunction with the Minister responsible for mining, as stipulated in the regulations under this Act, has been lodged with the Ministry; (e) the Minister is satisfied that the proposed activities will not significantly prejudice the attainment of the management objectives for that protected area; (f) the Minister is satisfied that the proposed activities relate to the prospecting or mining of strategic minerals of high economic value 44

demonstrated through an environmental economic assessment that the alternative sustainable environmental land-use objectives are not compromised or are not more beneficial than the mineral exploitation – in terms of economics and livelihoods over the long-term; (g) the authorization is subject to appropriate, effective and enforceable terms and conditions to avoid the risk of adverse effects and to ensure that any adverse effects that may occur as a consequence of the activities taking place are adequately mitigated and rectified; and (h) the Minister may prescribe biodiversity offset initiatives that compensate for residual impacts and that seek to: (i) uphold the application of biodiversity offsets when applied under global best practice standards in conditions where long-term, durable outcomes are feasible; (ii) ensure that rigorous application of the mitigation is demonstrated and supported by evidence: o where there are no alternatives to avoidance, minimization, restoration or rehabilitation are possible. Proponents must demonstrate and provide evidence that alternatives were fully investigated and applied to maximum extent practicable; o where limits to offsets and non-offsettable criteria are adhered to; o where timeframes, land and natural resource tenure and human rights are considered with full prior and informed consent; and o where conservation outcomes through biodiversity offset actions are additional to a ‘without offset’ scenario. (iii) promote the transparent and sustainable governance of biodiversity offsets, support statutory bodies, regulatory authorities, companies and lender institutions to develop enabling policy frameworks that consider aggregated offsets, sustainable financing and the integration of community livelihoods. (iv) recognize that biodiversity offsets are an important instrument of conservation that may contribute towards achieving no net loss or net gain to biodiversity and ecosystem services where applied 45

through full and timely application of mitigation, and with careful planning, design and execution. (v) acknowledge biodiversity offsets as a conservation mechanism that presents both potential opportunity and risk to the conservation of biodiversity and ecosystem services. Proponents will demonstrate reduction of and, where possible, eliminate risk to foster the opportunities for conservation inherent in the concept; (vi) ensure that the full cost of offset implementation will be budgeted for and financing made available and transferred to appropriate financing vehicle prior to impacts occurring; (vii) ensure that offset plans and implementation are independently audited by a suitably qualified expert or panel of experts. This should be fully financed by the proponent with reporting to the Minister. 22. Restriction on entry into or residence in a Protected Area, and prohibition of certain acts in a Protected Area (1) Unless authorized by the declaration establishing the protected area and subject to the provisions of subsections (2) and (3) and to any applicable agreement under this Act no person other than an officer or employee of the Ministry acting under the authority of the Minister, may, within a Protected Area:

(a) enter, or assist anyone to enter, without the permission of the Minister or any officer or employee of the Ministry authorized to grant such permission; (b) reside, or assist anyone to reside, without the permission of the Minister or any officer or employee of the Ministry authorized to grant such permission; (c) convey into or be in possession of any weapon, explosive, trap or poison, without a written authorization; (d) hunt or otherwise intentionally or negligently kill or injure any wild animal; (e) disturb any wild animal; (f) damage or destroy any natural object; 46

(g) intentionally or negligently cause a veld fire, or damage or remove any object of geological, archaeological, historical, ethnological, oceanographic, educational or other scientific interest; (h) introduce any animal or allow any domestic animal to stray into or enter; (i) cut, damage, remove or destroy any indigenous plant or any part thereof, whether dead or alive; (j) feed any wild animal ; (k) introduce or keep any domestic animal, or tamed wild animal or exotic animal or plant in a protected area; (l) plant crops; (m) undertake any other such activity which may be prescribed by the Minister; (n) exceed the speed limits within a protected area; (o) erect or place a sign post and/or advert; (p) use protected area infrastructure or part of the infrastructure; (q) use protected area gates for private purposes; (r) land or take off in an aircraft; (s) cause an aircraft to fly over at a level of less than 2500 feet above its highest point; (t) use unmanned aerial vehicles in a protected area; (u) conduct any business or construct any business infrastructure in or near a national park or nature reserve, without prior authorization with specific terms and conditions set by the Minister.

(2) Subject to any agreement under this Act, the permission to enter and reside in a Protected Area may be granted only for purposes compatible with the objectives of the area, provided that relatives of Ministry personnel lawfully residing in the area may be granted temporary entrance to the park under conditions determined by the Minister.

(3) The Minister shall evict unauthorised persons and/or persons conducting illegal activities in a Protected Area.

(4) The provisions of subsection (1) shall not render it unlawful for any person: 47

(a) to convey through a Protected Area on a proclaimed route any animal or plant, or any article mentioned in subsection (1) (b), provided that such animal, plant or article is not removed from the vehicle during the course of the journey; (b) to convey through a protected area, subject to such conditions as may be prescribed by regulation, any animal, or any article mentioned in subsection (1) (b) over any route so prescribed; (c) to capture, gather or collect and remove from a protected area any quantity of any species of animal or plant or other organism, if he or she does so on the authority of and in accordance with a permit obtained from the Minister or any officer or employee authorized to grant such a permit.

(5) The provisions of subsections (1) (a) and (b) shall not apply to any police, customs, Ministry or immigration officer entering a protected area in the execution of his or her official duty.

(6) Any person who contravenes or fails to comply with any provision of subsection (1), (2) and (3) or any condition requirement or restriction of any permission granted there-under, shall be guilty of an offence and shall be liable to the penalties as specified in the regulations under this Act.

23. Purposes for which permission to enter Protected Areas may be granted

(1) The permission to enter and reside in a National Park or Nature Reserve mentioned in section 22 (1) (a) may be granted only for the purposes of - (a) recreation and research; (b) travel or transport along the routes prescribed by regulation; or (c) transacting any lawful business.

24. Hunting and collection of wild species in a Protected Area

(1) All wild species indigenous to Namibia occurring in a Protected Area are considered to be protected unless classified as Specially Protected under section 41. 48

(2) No person shall, without the written authorization of the Minister, collect any plant or animal, including their parts and derivatives, or natural resources or hunt any wild animal in any protected area.

(3) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition requirement or restriction of any permission granted there under, shall be guilty of an offence and liable on conviction to a fine not exceeding N$1 000 000 or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.

25. Killing and removal of unwanted animals and plants in National Parks and Nature Reserves

(1) A conservation officer or any person authorised in accordance with this Act may at any time -

(a) kill any dog or domestic cat found in a National Park and Nature Reserve, other than any such dog which is in the lawful possession or under the lawful charge of an officer or a member of the security forces or which is being conveyed through such protected area in accordance with the provisions of this Act. (b) kill any donkey, horse or other riding or pack animal found in a National Park and Nature Reserve, other than any such donkey, horse or other riding or pack animal which is in the lawful possession or under the lawful charge of an officer or a member of the security forces or which is being conveyed through such National Park or Nature Reserve in accordance with the provisions of this Act, and may seize the saddles and bridles thereof, if any; (c) with the consent of the Minister, kill any livestock or domestic animal found in a National Park or Nature Reserve, other than any such livestock or domestic animal which is in the lawful possession or under the lawful charge of an officer or which is being conveyed through such National Park and Nature Reserve in accordance with the provisions of section 22, if not removed by the owner within a reasonable time;

(2) Any cost borne by the State to kill livestock in a National Park will be recovered from the owner of such livestock; and (3) No person residing in a National Park or Nature Reserve shall keep livestock in such a National Park or Nature Reserve without permission from the Minister.

26. Lure of game from Protected Areas

(1) Any person who–

(a) Without the consent of the Minister, drives or in any other manner forces or lures any game or other wild animals to move from a Protected Area; (b) Removes, damages, cuts, flattens or raises any game-proof fence or adequate fence or constructs a game-trap in such a fence or allows a game trap to exist therein with intent to drive or lures any game or other wild animals from any Protected Area, without the consent of the Minister, to a farm or piece of land or to allow game animals to pass or escape from a Protected Area to a farm or piece of land; or (c) Provides water and mineral licks for wild animal within 500m of the boundaries of the national park or nature reserve.

Shall be guilty of an offence and liable on conviction to a fine not exceeding N$ 100 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

27. Filming and Photography in Protected Areas

(1) No person other than the lawful holder of a permit granted by the Minister shall at any time conduct commercial filming and photography in a protected area.

(2) A permit granted in terms of this section authorizes the lawful holder thereof subject to the conditions, requirements and restrictions set out by the Minister in the Regulations under this Act to commercially film and photograph in a protected area. 50

(3) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted in terms this section shall be guilty of an offence.

28. Management Plans for Protected Areas

(1) A protected area shall be managed exclusively for the purpose for which it was declared for, and in accordance with a management plan approved by the Minister.

(2) The object of the management plan is to ensure the protection, conservation and management of the protected area concerned and socio-economic development in a manner which is consistent with this Act and for the purpose it was declared.

(3) A management plan must contain at least -

(a) biodiversity management requirements; (b) a coordinated policy framework; (c) such planning measures, controls and performance criteria as may be prescribed; (d) a programme for the implementation of the plan and its costing; (e) procedures and strategies for public participation or other interested party; (f) where appropriate the implementation of community based natural resource management, park neighbor and resident relations; (g) a sustainable tourism component; (h) management of natural resources; (i) waste management; (j) the use of renewable energy and water recycling; (k) a zoning of the area indicating what activities may take place in different sections of the area, and the conservation objectives of those sections; and 51

(l) an infrastructure and maintenance plan.

(4) A management plan may contain -

(a) development of economic opportunities within and adjacent to the protected area in terms of an approved integrated development framework; (b) development of local management capacity and knowledge exchange; (c) financial and other support to ensure effective administration and implementation of management approaches; and (d) any other relevant matter.

29. Use of aircraft in Protected Areas

(1) A protected area includes the air space above such a National Park and Nature Reserve to a level of 2 500 feet above the highest point of the National Park or Nature Reserve.

(2) No person or organ of State, may land or take off in an aircraft in a National Park or Nature Reserve, except –

(a) on or from a landing field designated by the Minister; and (b) on authority of the prior written permission of the Minister, which authority may stipulate the terms and conditions upon which this must take place.

(3) No person or organ of State may fly over or cause an aircraft to fly over a protected area at a level of less than 2500 feet above its highest point, except as may be necessary for the purpose of subsection (2) and (4)

(4) The Minister may provide for flight corridors over a protected area as well as through the protected airspace identified under subsection (1) where this is necessary for public purpose or to implement the management plan.

(5) No person or organ of State may fly or cause any person to fly an aircraft over a National Park and or Nature Reserve and through the protected airspace identified under subsection (1) -

(a) without the prior written permission of the Minister; (b) without the prescribed fee having first been paid, if applicable; and (c) unless and until the Minister has approved the flight plan for a flight and stipulated the terms and conditions upon which a flight is to take place.

(6) Subsections (2), (3) and (4) do not apply –

(a) in emergencies; or (b) to a person acting on the instructions of the Minister.

(7) The Minister, acting with the concurrence of the Minister responsible for civil aviation, may prescribe further reasonable restrictions on flying over National Parks or Nature Reserves.

30. Ownership of land inside Protected Areas

No person shall privately own a piece of land inside a National Park or Nature Reserve without the permission of the Minister.

31. Private Nature Reserves

(1) Subject to the provisions of subsections (3), (4), (5), (6), and (7) the Minister may at any time and subject to such conditions as it may deem necessary or expedient declare any area a private nature reserve for the period determined by it or until the declaration of the area concerned as a private nature reserve is withdrawn.

(2) Any such declaration of an area as a private nature reserve shall be made known by notice in the Official Gazette. 53

(4) The Minister must keep a register of Private Nature Reserves;

(5) An area shall only be declared a private nature reserve on the written application of the owner of the land concerned and after approval of its management plan by the Minister.

(4) No area shall be declared a private nature reserve unless a notice of the application to do so has at least three months previously at the cost of the applicant been published in the official Gazette and in two newspapers circulating in Namibia.

(5) The notice referred to in subsection (4) shall request any person who wishes to object to the declaration of the area concerned as a private nature reserve to lodge his/her objections with the person or officer mentioned in the notice within a period mentioned in the notice, which objections shall be submitted to and considered by the Minister together with the application concerned.

(6) The Minister may at any time withdraw the declaration of an area as a private nature reserve.

(7) Any such withdrawal of the declaration of an area as a private nature reserve shall be made known by notice in the Official Gazette.

(8) Notwithstanding anything contrary in this Act contained, but subject to the provisions of Part X, no person shall without the written approval of the Minister hunt any game or any other wild animal or bird in a private game park or private nature reserve: Provided that the owner of the land concerned may at any time hunt any game or any other wild animal or bird on such land, except specially protected and protected game.

(9) The Minister shall not grant any approval in terms of subsection (8) unless the owner of the land concerned has granted his permission thereto.

(10) The approval referred to in subsection (8) shall be granted subject to the conditions, requirements and restrictions imposed by the Minister with due allowance for the permission of the owner of the land concerned.

(11) Any person who contravenes or fails to comply with any provision of subsection (8) or any condition, requirement or restriction of any approval granted in terms of this section shall be guilty of an offence and liable on conviction –

(a) to a fine not exceeding N$25 000 000 or to imprisonment for a period not exceeding 25 years, or to both such fine and such imprisonment if such offence relates to the hunting of any elephant or rhinoceros; (b) to a fine not exceeding N$10 000 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment if such offence relates to the hunting of any other specially protected game; (c) to a fine not exceeding N$500 000 or to imprisonment for a period not exceeding 5 years, or to both such fine and such imprisonment if such offence relates to the hunting of any other game not referred too in subsection (a) and (b). (12) No person shall without the written permission of the Minister pick any indigenous plant, or any portion of an indigenous plant, in a private nature reserve: Provided that the owner of the land concerned may at any time pick any indigenous plant, other than a protected plant, on such land.

(13) The Minister shall not grant any approval in terms of subsection (12) unless the owner of the land concerned has granted his permission thereto.

(14) The approval referred to on subsection (12) shall be granted subject to the conditions, requirements and restrictions imposed by the Minister with due allowance for the permission of the owner of the land concerned.

(16) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of any approval 55

granted in terms of this section, shall be guilty of an offence and liable on conviction to a fine not exceeding N$100 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

PART V

CONCESSIONS

32. Granting of concessions in Protected Areas and other areas of State land

(1) The Minister may, on behalf of the State in protected areas or other State land, in line with the Management and Tourism Development Plans of such an area, on application made to him or her and subject to such conditions that he or she may impose, grant a concession to authorize a person to -

(a) conduct tourism or related activities; (b) conduct activities related to the sustainable commercial use of wildlife resources; (c) provide services related to the conducting of tourism or use of wildlife resources,

(2) When granting a concession pursuant to subsection (3) the Minister must take into account the following factors:

(a) whether the granting of such a concession contributes to the Ministry meeting its objectives concerning protected areas or wildlife resources under its jurisdiction;

(b) whether the granting of such a concession is in line with the objectives and management plan of the protected State land for which an application for the concession has been made;

(d) whether the concession will enhance the conservation of biodiversity and maintenance of ecological integrity of protected areas and other State land;

(e) whether the granting of such a concession will enhance the ability of the Ministry to effectively manage protected areas, other State land and wildlife resources;

(f) whether the granting of such a concession will enhance the ability of the Ministry to control and monitor tourism operations and other commercial use of wild animals and plant resources;

(g) whether the granting of such a concession will enhance the role of protected areas and other State land in sustainable and responsible tourism development in Namibia;

(h) whether the granting of such a concession will improve economic empowerment of formerly disadvantaged Namibians and rural communities living in and around protected areas and other State land and their entrance into the tourism and other wildlife based industries;

(i) whether the granting of such a concession will enhance the generating of revenue for employment creation, conservation and poverty reduction;

(j) whether the granting of such a concession will diversify tourism options and attractions in protected areas and other State land; and

(k) whether the promotion of allocation of a concession through impartial, competitive and transparent mechanisms will assist to produce tourism products of a high standard.

(3) The concession holder must obtain a right of leasehold from the relevant Communal Land Board in terms of Part 2 of Chapter IV of the Communal Land Reform Act, 2002 (Act No. 5 of 2002) in cases of a concession regarding State land situated in communal land that has been declared as a conservancy in terms of this Act.

(4) The Minister may award a concession in a protected area or other State land directly to a rural community that is resident in such area or on such land or neighboring a protected area, if the award of the concession is consistent with the management objectives of the protected area or State land where applicable.

(5) The Minister may appoint a committee consisting of staff members from the public service and other persons with appropriate knowledge and expertise to manage the process of identifying, awarding and monitoring concessions.

(6) No concession granted under this Act shall be transferred, subcontracted varied or extended without the prior written approval of the Minister who may impose conditions relating to such transfer, variation or extension.

(7) The Minister shall monitor concession activities adherence to terms and conditions.

(8) The Minister shall monitor the impact of awarded concessions on the beneficial community, environment and the specific protected Area

PART VI

CONSERVANCIES AND CONSERVATION MANAGEMENT AREAS

33. Establishment of Conservancies

(1) Any group of persons residing on communal land and which desire to have the area which they inhabit, or any part thereof to be declared a conservancy, shall apply to the Minister in the prescribed manner, and such application shall be accompanied by:

(a) a list of the names of the person who are members of a committee established for the purpose of being recognized by the Minister under 58

subsection (2) (ii as the conservancy committee for the conservancy applied for; (b) the constitution of such conservancy; (c) a description setting out the boundaries of the geographic area in respect of which the application is made; (d) zonation map (e) a Benefit Distribution Plan; (f) a Human Wildlife Conflict Management and Mitigation Plan; (g) a Governance Structure; (h) a list of members and the total number of adult residents of the proposed area; (i) a feasibility study report; and (j) such other documents or information as the Minister may require

(2) If the Minister is satisfied in respect of an application made in terms of subsection (1) that:

(a) the relevant committee is representative of the community residing in the area to which the application relates; (b) the constitution of such committee provides for the sustainable management and utilization of game in such area; (c) such conservancy has the ability to manage funds and an appropriate method for equitable distribution to members of the community, of benefits derived from the consumptive and non-consumptive use of game in such area; (d) the geographic area to which the applications relate has been sufficiently identified, taking into account also the views of the Regional Council and Traditional Authority of that area; (e) all significant provisions of the Foresty Act, Communal Land Reform Act and the Traditional Authority Act are covered in the Management Plan or are to be submitted to the Minister at a later stage for approval; (f) any other prescribed requirements have been complied with; the Minister shall:

(i) in writing to the committee in question and on such conditions as he or she may determine in addition to any prescribed condition or restriction, recognize that committee as the conservancy committee for the conservancy concerned; (ii) by notice in the Gazette declare the area to which the application relates as a conservancy, and such notice shall set out the geographic boundaries of the area in respect of which the conservancy is being declared, as well as the zones into which the conservancy has been classified for different forms of economic activity; (iii) prescribe the manner under which conservancies are managed; and (iv) prescribe any action to assist any conservancy to comply to the management of the conservancy and the provisions of this Act.

(3) (a) The Minister may, subject to paragraphs (b) and (c) at any time: (i) withdraw his or her recognition of a conservancy committee given under subsection (2) (f) (i); (ii) withdraw the declaration of an area as a conservancy given under subsection (2) (f) (ii); (iii) amend or withdraw any condition imposed under subsection (2) (f) (i); or (iv) amend or withdraw any notice made under subsection (2) (f) (ii).

(b) Before the Minister under paragraph (a) withdraws the recognition of a conservancy committee or amend or withdraw any condition or notice, he or she shall in writing: (i) inform the conservancy committee of his or her intention to do so; (ii) furnish the conservancy committee with the reasons for the intended withdrawal or amendment, in question; and (iii) call upon the conservancy committee to show cause within a period specified, why the withdrawal or amendment, in question should not be effected. 60

(c) After considering any representations received within the specified period from the conservancy committee concerned by virtue of the provision of paragraph (b) (iii), the Minister may in his or her discretion: (i) proceed in terms of paragraph (a) with the withdrawal or amendment in question; or (ii) refrain from taking any steps in terms of paragraph (a). and the Minister shall in writing inform the conservancy committee concerned of his or her decision in terms of this paragraph. (4) Any withdrawal for the declaration of an area as a conservancy shall be made known in an Official Gazette.

34. Rights of Conservancies

(1) On declaration in the Official Gazette, the conservancy shall have rights, to manage and use wildlife within the boundaries described in the official gazette and in accordance with the provisions of this Act.

(2) A conservancy shall on declaration in the Official Gazette have the tourism rights over the area of the conservancy, which will enable the conservancy, subject to its management and zonation plans approved by the Ministry, to: (a) develop tourism facilities and provide tourism services; (b) if it so desires, enter into business partnerships and joint venture agreements for the operation of all or part of the concession rights.

(3) A conservancy shall subject to any directives which may be given by the Ministry have the right to choose business partners and enter into agreements relating to the consumptive and non-consumptive use of wildlife and relating to tourism activities within the area of the conservancy in order to enable its members to derive benefits from such use and management.

(4) A conservancy may, subject to any directives given by the Ministry or Regulations made under this Act, have access to technical support from the

Ministry, to enable them to effectively plan and manage the use of their resources, monitor the status of their resources and apply adaptive responses, restore depleted resources, develop wildlife and tourism enterprises and obtain the greatest possible socio-economic benefits in a sustainable manner.

35. Amendment or withdrawal by the conservancy

(1) The Minister, may at the request of a conservancy, amend a notice issued in terms of section 33 (2) (f) (ii), in order to amend the geographic boundaries of the conservancy area or its zonation, provided that such request is accompanied by: (a) a statement setting out the proposed boundary change, including a map, and the reasons for the proposed change; (b) a copy of the minutes of a General Meeting of the conservancy at which a majority of members have agreed to the boundary change or a change in zonation; (c) In the case of a request in regard to communal land: (i) a written agreement on the location of the new common boundary with adjacent communities or neighbours, and signed letters from neighbouring traditional authorities confirming agreement on the proposed boundary change; and (ii) statements of recommendation by the Regional Council and Traditional Authorities in whose area of jurisdiction the conservancy is situated; (iii) call upon the respective traditional authorities to show cause within a period specified, why the dissolution, amendment or withdrawal in question should not be effected. (2) Any amendment or withdrawal done in accordance with subsection (1) shall be made known in the Official Gazette.

36. Obligations of the Conservancy

(1) A conservancy shall submit to the Minister an annual report not later than three months after the end of the calendar year which shall include: (a) numbers and species of all introductions to and off-takes of wildlife from the area in which the conservancy has rights over game; (b) an estimate of wildlife numbers in the conservancy; (c) income generated and distribution of benefits to members; (d) implementation of mitigation and preventative measures for human wildlife conflict (e) minutes of the Annual General Meeting; (f) audited financial statements or financial statements as may be determined by the Minister under the regulations of this Act.

(2) If any conservancy that fails to submit an annual report referred to in subsection (1) the Minister may limit, withdraw or suspend rights.

37. Role of Traditional Authority in conservancies

(1) A conservancy shall be established for the provision of sustainable management and utilization of wildlife in accordance with a wildlife management and utilization plan, and the equitable distribution of the benefits derived thereof, and managed by the conservancy committee on behalf of the members, with the traditional authority having an advisory role in the -

(a) allocation and use of land; (b) endorsement of the conservancy applications; (c) zonation of conservancies; (d) assistance to resolve conflicts; and (e) benefit distribution to members.

(2) Traditional Authorities shall ensure that the members of their traditional community, in conservancies, use the natural resources at their disposal on sustainable basis and in a manner that conserves the environment and maintain

ecosystems, for the benefit of all their members and all persons in the Republic of Namibia.

38. Registration of Conservation Management Areas

(1) Any group of persons who own predominantly contiguous pieces of free-hold land and who desires to have such areas to be registered as a conservation management area, shall form a committee and apply to the Minster for such a registration. Such application shall accompanied by:

(a) a list of the names of the members of the committee; (b) a list of the names of the members of the conservation management area; (c) the constitution of the conservation management area, including a statement of the objectives of the wildlife management unit and how it is proposed that these will be achieved; (d) a statement setting out the predominantly contiguous pieces of free-hold land of the area of the proposed conservation management area, including a map; (e) a statement setting out the conservation and economic benefits that would accrue if the conservation management area is established; (f) a statement setting out the reasons if and why the contingency of free-hold land is interrupted and/or cannot be adhered to in its contingency as a whole; (g) a management plan that must include: (i) a description of the area names of farms; (ii) the primary and secondary management objectives for the area; (iii) the strategies to be adopted by the conservation management area committee in managing the range of species and wildlife habitats included within the conservation management area: (iv) a description of any game-proof fenced areas within the conservation management area; (v) a determination of utilization options, indicative levels, and monitoring thereof; (h) such documents needed from conservation management areas to form a hunting unit; (i) such other documents or information as may be prescribed.

(2). If the Minister is satisfied in respect of an application made in terms of subsection (1) that:- (a) the area concerned is predominantly contiguous and has been sufficiently identified; (b) the area is to be managed for the commercial production and/or conservation of wildlife and/or for specific habitat protection and/or for the maintenance of biodiversity, through the presentation of a management plan; (c) the conservation management area will benefit conservation and economic development; (d) that any other prescribed requirements have been complied with;

he/she will register such area as a conservation management area, on such conditions as the Minister may determine in addition to any prescribed conditions.

(3). A registration as a conservation management area will be valid for one year only, and will be renewable only on full compliance with all prescribed requirement.

39. Rights and responsibilities of Conservation Management Areas

(1) A Conservation Management Area shall be responsible for managing the use of wildlife and wildlife habitats within the environmental management area in accordance with the purposes of the Act. (2) A Conservation Management Area shall:

(a) submit an annual report on the implementation of the management plan and any change in the membership, area, constitution or management objectives of the conservation management area to the Department; and (b) record all introductions and off-takes of wildlife from the conservation management area and report them to the Department in the prescribed manner;

(c) be registered with the Department as a hunting unit where registered hunting guides are allowed to guide hunters/trophy hunters within a conservation management area under the condition that written consent from the farm/land owner/s is submitted to the Department; (d) conduct annual game counts to determine wildlife population and diversity within the conservation management area and report them to the Department in the prescribed manner, thus sustain the privilege of not having to be inspected by officials from the Department; (e) have the right to utilize wildlife, subject to subsections 2 (1) (f) management plan, through culling and/or game capture and/or other written recommendations of the conservation management area committee to the Department; (f) need to coordinate applications and approvals of utilization; (g) through its conservation management area committee, have the right to object to utilization of wildlife through culling and/or game capture and/or other of non-members of conservation management areas in the area, who are not adequately game fenced, and where utilization of wildlife will impede the sustainable management of wildlife of the conservation management area.

40. Withdrawal of registration

(1) The Minister may amend or withdraw a registration issued if the conservation management area fails to comply with any conditions of registration, or for any other good reason. (2) Before the Minister acts under subsection (1) he or she shall in writing –

(a) inform the conservation management area committee of his or her intention to do so;

(b) furnish the conservation management area committee with the reasons for the intended amendment or withdrawal in question, and

(c) call upon the conservation management area committee to make representations within a period specified as to why the amendment or withdrawal in question should not be affected.

(3) After considering any representations received within the specified period from the conservation management area committee concerned by virtue of subsection (2) (c), the Minister may-

(a) proceed under subsection (1) with the amendment or withdrawal in question; or (b) refrain from taking any steps under subsection (1).

(4) The Minister shall in writing inform the conservation management area committee concerned of his or her decision under subsection (3) and the reasons for such decision.

PART VII

WILD ANIMALS AND PROTECTION OF SPECIES

41. Listing of species that require protection

(1) The Minister shall by regulation promulgated in accordance with subsection (2), determine criteria for the classification of species that are critically endangered, endangered or vulnerable.

(2) The Minister may, by notice in the Official Gazette, publish a list of: (a) Specially Protected Species, being those indigenous species that are: (i) critically endangered or vulnerable; and 67

(ii) endemic or near endemic to Namibia.

being species that may only be used in exceptional cases in terms of the provisions of this Act. (b) Protected Species, being species that may only be used in terms of the provisions of this Act. (c) Huntable Species, being species that may be used in terms of provisions of this Act.

(3) Any impala other than Black Faced impala from a population recognized by the Ministry to represent a genetically pure population of this sub species may not be kept outside of their natural historical range. Where such impala already occurs outside its natural historical range they will for the purposes of this Act be referred to as exotic and shall be subject to the provisions of this Act.

(4) The Minister may by notice in the Gazette and with regard to the whole or any part of Namibia, amend the list of specially protected species, protected species and/or huntable species by adding any species, subspecies, genetically unique subpopulation, a specific sex of species or geographically separate population of wildlife that meets the criteria specified in subsection (2) for inclusion in the relevant list or by deleting any species, subspecies, genetically unique subpopulation, a specific sex of species or geographically separate population of wildlife that no longer meets the criteria for inclusion in that schedule or as otherwise provided for in section 24 (1).

(5) The Minister shall review the lists published in terms of subsection (2) not later than every five years.

42. Powers of the Minister in relation to hunting seasons

(1) The Minister may from time to time:

(a) In any year determine hunting seasons which shall take into account the breeding seasons of species, during which species mentioned in section 41 (2) (c) or any species or sex thereof may be hunted in terms 68

of the provisions of section 49 as the case may be, but subject to the other provisions of this Act; (b) Restrict the number of any species or sex of species which may be hunted during a hunting season;

(2) The Minister may determine the hunting season, restriction of a species or sex of species which may be hunted during a hunting season shall be made known by notice in the Official Gazette.

(3) The Minister may define in a notice any hunting season which shall be made applicable to the whole of Namibia or to any part or parts of Namibia.

(4) Subject to the provisions of subsections (1) to (3), no person with an enclosed piece of land less than 1 000 hectares shall have the right to hunt any species listed in 41 (2) (a) (c) or any exotic species during hunting seasons, even if that enclosure is on a piece of land bigger than 1 000 hectares.

43. Hunting of specially protected species

(1) No person other than the lawful holder of a permit granted by the Minister shall at any time hunt any specially protected species.

(2) A permit granted in terms of this section authorizes the lawful holder thereof subject to the conditions, requirements and restrictions imposed by or under this Act to hunt the number of specially protected species mentioned therein at the time and place mentioned therein.

(a) to a fine not exceeding N$ 25 000 000 or to imprisonment for a period not exceeding 25 years or to both such fine and such imprisonment if such offence relates to the hunting of any elephant or rhinoceros; (b) to a fine not exceeding N$ 10 000 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment if such offence relates to the hunting of any other specially protected species but if such person has been previously convicted of an offence referred to in paragraph (a) or (b), he or she is liable to a fine not exceeding N$50 000 000 or to imprisonment for a period not exceeding 40 years, or to both such fine and such imprisonment.

(4) No provision contained in this section shall prohibit the owner or lessee of land or occupier of communal land from killing specially protected species on such land in defense of a human life or to prevent a human being from being injured or to protect the life of any livestock, poultry or domestic animal of such owner, lessee or occupier whilst the life of such livestock, poultry or domestic animal is actually being threatened.

(5) Any person who kills specially protected species in terms of the provisions of subsection (4) shall report it in writing or any other suitable means of communication to the nearest office of the Ministry or at the nearest police office or the Conservancy office within twenty four (24) hours.

(6) The Conservancy office shall notify the nearest office of the Ministry within 24 hours after receiving such a report mentioned in subsection (5).

(7) Any person who fails or neglects to comply with the provisions of subsection (5) shall be guilty of an offence.

(8) Any person who hunts specially protected species under a permit granted in terms of this section shall at all times have such permit in his or her possession while he or she is so hunting.

(9) Any person who has hunted any specially protected species under a permit granted in terms of this section, shall endorse - (a) the species of specially protected species and the number and sex of each of such species which he or she has hunted under such permit;

(b) the date on which he or she has so hunted it;

(c) the name of the farm or a description of the land unit on which he or she has so hunted it, on such permit in ink or electronically and shall sign it before he/she leaves the farm or land on which he/she has hunted such specially protected species;

(d) any other additional information requested by the Ministry; and

(e) Any scientific sample required by the Ministry and indicated on the permit shall be collected in the prescribed manner and deposited with the specified office of the Ministry.

(10) No person shall hunt specially protected species bred in captivity.

(11) No person shall hunt any specially protected species released from any area less than 1000 hectares in size into a larger unit that qualifies for conservation hunting within a period of 1 year or a period longer than one year specified by the Minister based on the characteristics of the species or the ecological requirements of individual species.

(12) No specially protected species shall be hunted in an enclosure of less than 1000 hectares, even if that enclosure is part of a larger unit.

(13) Hunting for specially protected species will only be permitted in free breeding populations with normal age and sex structures, in their natural environment

(14) Any person who contravenes or fails to comply with any provision of subsection (8) or (9), shall be guilty of an offence. 71

(15) Any person who fails, including aiding and abetting, to comply with any provision of subsection (10) (11) (12) (13), shall be guilty of an offence, and liable on conviction to a fine not exceeding N$ 1 000 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.

44. Hunting of protected species

(1) No person other than the lawful holder of a permit granted by the Minister shall at any time hunt any protected species.

(2) A permit granted in terms of this section authorizes the lawful holder thereof subject to the conditions, requirements and restrictions imposed by or under this Act to hunt the number of protected species mentioned therein at the time and place mentioned therein.

(3) Any person who fails, including aiding and abetting, to comply with any provision of subsection (1) or any condition, or restriction of a permit granted in terms of this section, shall be guilty of an offence, and liable on conviction to a fine not exceeding N$ 500 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(4) If the person referred to in subsection (3) has previously been convicted of an offence referred to in that subsection, he or she is liable to a fine not exceeding N$1 000 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment.

(5) No provision contained in this section shall prohibit the owner or lessee or of land or occupier of communal land from killing protected species on such land in defense of a human life or to prevent a human being from being injured or to protect the life of the livestock, poultry or domestic animal of such owner, lessee or occupier whilst the life of such livestock, poultry or domestic animal is actually being threatened.

(6) Any person who kills protected species in terms of the provisions of subsection (5) shall report it in writing or any other suitable means of communication to the nearest office of the Ministry or at the nearest police office or the Conservancy office within twenty four (24) hours.

(7) Any person who fails or neglects to comply with the provisions of subsection (8) shall be guilty of an offence.

(8) Any person who hunts protected species under a permit granted in terms of this section shall at all times have such permit in his possession while he/she is so hunting. (9) Any person who has hunted any protected species under a permit granted in terms of this section, shall endorse -

(a) the species of protected species and the number and sex of each of such species which he/she has hunted under such permit;

(b) the date on which he/she has so hunted it;

(e) the name of the farm, or a description of the land on which he/she has so hunted it, on such permit in ink or electronically and shall sign it before he/she leaves the farm or land on which he/she has hunted such protected species; and (f) any other additional information requested by the Ministry

(g) any scientific sample required by the Ministry and indicated on the permit shall be collected in the prescribed manner and deposited with the specified office of the Ministry.

(10) No person shall hunt specially protected species bred in captivity.

(11) No person shall hunt any specially protected species released from any area less than 1000 hectares in size into a larger unit that qualifies for conservation 73

hunting within a period of 1 year or a period longer than one year specified by the Minister based on the characteristics of the species or the ecological requirements of individual species.

(12) No protected species shall be hunted in an enclosure of less than 1000 hectares, even if that enclosure is part of a larger unit.

(13) Hunting for protected species will only be permitted in free breeding populations with normal age and sex structures, in their natural environment.

(14) Any person who contravenes or fails to comply with any provision of subsection (5) (6) (7) (8) (9), shall be guilty of an offence.

(15) Any person who fails, including aiding and abetting, to comply with any provision of subsection (10) (11) (12) (13) or any condition, shall be guilty of an offence, and liable on conviction to a fine not exceeding N$ 500 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

45. Hunting on State land

(1) Subject to the provisions of Chapter VIII no person shall, without the written permission of the Minister, hunt any wild animal on any land, including communal land but excluding Protected Areas, owned by the State.

(2) Subsection (1) applies to land leased from the Government of the Republic of Namibia, unless the contrary is provided in the lease agreement.

(3) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of any written

permission granted thereunder, shall be guilty of an offence and liable on conviction to a fine not exceeding N$ 300 000 or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment.

(4) Any person who hunts any wild animal under the written permission of the Minister granted in terms of this section, including communal land but excluding Protected Areas, owned by the State, shall at all times have such written permission in his possession while he or she is so hunting. (5) Any person who contravenes or fails to comply with any provision of subsection (4) shall be guilty of an offence.

46. Right of ownership of specially protected and protected species

(1) The owner of -

(a) a farm which is enclosed with a game-proof fence;

(b) any piece of land, whether in a farm which is more than one thousand hectares, which is at least one thousand hectares in extent and is enclosed with a game-proof fence,

shall, subject to the provisions of this Act, be the owner of a wild animal that has been legally acquired in terms of this Act.

(2) Any use of the wild animal referred in sub section (1) shall be subject to permission by the Minister.

47. Right of ownership to huntable species and huntable birds

(1) The owner of -

(b) a farm which is enclosed with a game-proof fence or an adequate fence;

(b) any piece of land, whether in a farm which is more than one thousand hectares, which is at least one thousand hectares in extent and is enclosed with a game-proof fence,

shall, subject to the provisions of this Act, be the owner of all huntable species and huntable birds on such farm or piece of land as long as such huntable species and huntable birds are lawfully on such farm or piece of land and as long as such farm or piece of land remains to be enclosed in that manner. (2) The lessee of -

(a) a farm which is enclosed with a game-proof fence or an adequate fence,

(b) any piece of land which is not less than one thousand hectares in extent and enclosed with a game-proof fence,

shall, subject to the provisions of this Act, and unless the contract under which he or she leases such farm or piece of land specifically provides otherwise, be the owner of all huntable species and huntable birds on such farm or piece of land as long as such huntable species and huntable birds are lawfully on such farm or piece of land and as long as such farm or piece of land remains to be enclosed in that manner.

(3) any scientific sample required by the Ministry and indicated on the permit shall be collected in the prescribed manner and deposited with the specified office of the Ministry.

48. Keeping of exotic species

(1) The Minister may authorize any person to keep exotic species, provided that such person owns:

(a) a farm which is enclosed with a double game-proof fence and with an approved management plan;

(b) any piece of land which is not less than one thousand hectares in extent and enclosed with a double game-proof fence and with an approved management plan,

shall, subject to the provisions of this Act, be the owner of all exotic species on such farm or piece of land as long as such exotic species are lawfully on such farm or piece of land and as long as such farm or piece of land remains to be enclosed in that manner. (2) The lessee of -

(a) a farm which is enclosed with a double game-proof fence and with an approved management plan,

(b) any piece of land which is not less than one thousand hectares in extent and enclosed with a double game-proof fence and an approved management plan,

shall, subject to the provisions of this Act, and unless the contract under which he or she leases such farm or piece of land specifically provides otherwise, be the owner of all exotic species on such farm or piece of land as long as such exotic species are lawfully on such farm or piece of land and as long as such farm or piece of land remains to be enclosed in that manner.

(3) Any person who, on the date of commencement of this Act, fails to comply with the above listed requirements may continue to undertake such activity for a period not exceeding two years.

(4) Any person who fails to comply with the provisions of this section within two years shall be guilty of an offence to a fine not exceeding N$100 000 or one year imprisonment or to both such fine and such imprisonment.

49. Hunting of huntable species

(1) No person other than the lawful holder of a permit granted by the Minister shall hunt any huntable species.

(2) Subject to the provisions of this Act, a permit for the hunting of huntable species shall be granted -

(a) only if the person who applies for a permit produces a written authority granted to him in accordance with the provisions of subsection (3); and

(b) only in respect of the hunting of such huntable species, and the number of each such species, mentioned in the written authority referred to in subsection (3), but in no case in respect of huntable species exceeding the one or the other of the following number:

(i) three head of large species; or

(ii) two head of large species and four head of small species; or

(iii) one head of large species and eight head of small species; or

(iv) twelve head of small species:

Provided that the limitations mentioned in sub-paragraph (b) (i), (ii), (iii) and (iv) shall not apply in the case where a permit is granted for the hunting of huntable species on a farm which is enclosed with a game proof fence.

(3) The written authority referred to in subsection (2) -

(a) shall be granted only by the owner or lessee of a farm which is enclosed with a game-proof fence or an adequate fence or by the owner or lessee of a piece of land which is not less than one thousand hectares in extent and enclosed with a game-proof fence; 78

(b) shall be granted by such owner or lessee only in respect of the hunting of huntable species which is on such farm or piece of land and of which he is the owner in terms of this Act, provided that such owner shall not grant any such authority in respect of the hunting of any such huntable species of which he is the owner but has leased the right to hunt it;

(c) shall be granted by such owner or lessee only in respect of the hunting of huntable species not exceeding the one or the other of the following numbers of such species, namely:

(i) three head of large species; or

(ii) two head of large species and four head of small species; or

(iii) one head of large species and eight head of small species; or

(iv) twelve head of small species:

Provided that the provisions of this subparagraph shall not apply to the owner or lessee of a farm which is enclosed with a game proof fence.

(d) shall be in ink and shall contain -

(i) the name and full residential address of the person by whom such authority is granted;

(ii) the name and full residential address of the person to whom such authority is granted;

(iii) the date or dates within the hunting season on which hunting under such authority is authorized;

(iv) subject to the provisions of sub paragraph (c),the species of huntable species, and the number of each such species, which may be hunted under such authority; and

(v) the name of the farm or a description of the piece of land on which may be hunted under such authority,

and shall be signed by the person granting such authority.

(4) The permit referred to in subsection (1) shall authorize the person to whom it is granted subject to the conditions, requirements and restrictions prescribed or imposed by or under this Act, to hunt on the date or dates within the hunting season mentioned therein, the huntable species, and the number of each such species mentioned therein, on the farm or farms mentioned therein or the piece of land described therein.

(5) Any person who contravenes or fails to comply with any provision of subsection (1) or (4) or any condition, requirement or restriction of any permit granted in terms of this subsection, shall be guilty of an offence and liable on conviction to a fine not less than N$ 500 000 or to imprisonment for a period of not exceeding five years or to both such fine and such imprisonment.

(6) If the person referred to in subsection (5) has been previously convicted of an offence referred to in that subsection, he or she is liable to a fine not exceeding N$1 000 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment.

(7) Any person who hunts huntable species under any permit granted in terms of this section shall at all times have such permit in his possession while he is so hunting.

(8) Any person who has hunted any huntable species under a permit granted in terms of this section shall endorse –

(a) the huntable species, and the number of each such species, which he and she has hunted under such permit;

(b) the date on which he and she has so hunted it;

(e) Any scientific sample required by the Ministry and indicated on the permit shall be collected in the prescribed manner and deposited with the specified office of the Ministry.

on such permit in ink and shall sign it before he and she leaves the farm or the piece of land on which he and she has hunted such huntable species.

(9) Any person who fails to comply with any provision of subsection (7) or (8) shall be guilty of an offence.

(10) Notwithstanding the provisions of section 66, any person who grants a written authority in terms of this section, may claim and recover the amount (if any) agreed upon with the person to whom such written authority was granted, from such person in respect of any huntable species hunted under such written authority.

(11) Subject to the provisions of the proviso to subsection (2), no permit or permits shall be granted to any person in terms of that subsection which would result in such person being authorized to hunt in any given hunting season in total more than one or other of the following numbers of huntable species, namely:

(a) three head of large species; or

(b) two head of large species and four head of small species; or

(d) twelve head of small species.

50. Hunting of huntable species by owner or lessee of land

(1) Notwithstanding anything contrary to this Act, the owner or lessee of a farm which is enclosed with a game proof fence or an adequate fence or of a piece of land which is not less than one thousand hectares in extent and enclosed with a game-proof fence may hunt any huntable species on such farm or piece of land throughout the year without a permit referred to in section 49 (1).

(2) The owner or lessee of a farm or piece of land referred to in subsection (1) may exercise the rights granted to him or her by the said subsection personally and also through his or her wife or husband or one or more of his or her children and his or her parents as well as through any employee permanently employed by him/her and resident on such farm or piece of land, provided such employee has his or her written permission: Provided that if such owner or lessee is by reason of physical disability unable to exercise such rights and neither his wife or her husband, nor his or her children, parents or employees as mentioned above are available to do so, the Minister may, on application by such owner or lessee, authorize any officer or other person whom he/she considers competent in writing to exercise such rights for and on behalf of such owner or lessee.

(3) The owner or lessee of a farm or piece of land referred to in subsection (1), shall not later than the last day of November of every year provide the Director responsible for Wildlife Utilisation with a report stating huntable species, and the number of each such species, which have been hunted by him or her personally, or for and on his or her behalf, on such farm or piece of land during the preceding period of twelve months in terms of the provisions of this section.

(4) Any person who fails or neglects to comply with the provisions of subsection (3) shall be guilty of an offence.

(5) For the purposes of this section -

(a) "owner" shall not include the Town Clerk, Mayor or the Chief Executive Officer of a local authority or Municipality;

(b) "lessee" shall not include the lessee of a farm or land, who is not the owner of the huntable species on such farm or land.

51. Hunting of exotic species

(1) No person other than the lawful holder of a permit granted by the Minister shall at any time hunt any exotic species.

(2) A permit granted in terms of this section authorizes the lawful holder thereof subject to the conditions, requirements and restrictions imposed by or under this Act to hunt the number of exotic species mentioned therein at the time and place mentioned therein.

(5) Any person who fails, including aiding and abetting, to comply with any provision of subsection (1) or any condition, or restriction of a permit granted in terms of this section, shall be guilty of an offence, and liable on conviction to a fine not exceeding N$ 500 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(6) If the person referred to in subsection (3) has previously been convicted of an offence referred to in that subsection, he or she is liable to a fine not exceeding N$1 000 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment.

(5) Any person who hunts exotic species under a permit granted in terms of this section shall at all times have such permit in his possession while he/she is so hunting. (9) Any person who has hunted any protected species under a permit granted in terms of this section, shall endorse -

(a) the species of protected species and the number and sex of each of such species which he or she has hunted under such permit;

(b) the date on which he/she has so hunted it;

(g) the name of the farm, or a description of the land on which he or she has so hunted it, on such permit in ink or electronically and shall sign it before he or she leaves the farm or land on which he or she has hunted such protected species; (h) any other additional information requested by the Ministry; and (i) any scientific sample required by the Ministry and indicated on the permit shall be collected in the prescribed manner and deposited with the specified office of the Ministry.

(10) No person shall hunt specially protected species bred in captivity.

(11) No person shall hunt any specially protected species released from a camp of less than 1000 hectares into a larger unit that qualifies for conservation hunting within a period of 1 year or a period longer than one year specified by the Minister based on the characteristics of the species or the ecological requirements of individual species.

(12) No protected species shall be hunted in an enclosure of less than 1000 hectares, even if that enclosure is part of a larger unit.

(13) Hunting for protected species will only be permitted in free breeding populations with normal age and sex structures.

(14) Any person who contravenes or fails to comply with any provision of subsection (5) (6) (7) (8) (9), shall be guilty of an offence.

52. Lease of hunting rights

(1) The owner of a farm or land, who, in terms of this Act, has the right to hunt huntable species, and exotic species on such farm or land may lease that right to any other person, in which case no other person than the lessee of such right shall have the right to hunt huntable species, or exotic species on such farm or land.

(2) Any contract in terms of which the right to hunt huntable species, or exotic species is leased, shall- (a) be a written contract;

(b) be entered into for a period not less than six months; and

(3) Any lease in terms of subsection (1) of the right to hunt huntable species, on a farm or land, shall lapse on the sale of the farm or land in respect of which it was leased.

53. Conservation hunting for the sake of possession and export of trophies

(1) Notwithstanding anything contrary to this Act contained, the Minister may allow any person from Namibia or any country under a permit granted by the 85

Minister to hunt the species of wild animal, and the number of each such species determined by the Minister and mentioned in such permit, in Namibia for the sake of possession and export of trophies.

(2) Subject to the provisions of section 106, no person shall without the written permission of the Minister import any trophies into Namibia or export any trophies from the Republic of Namibia.

(3) (a) No person shall manufacture any articles either wholly or partially from a trophy or trophies for the purposes of sale unless he or she is licensed under this section as a manufacturer of articles from trophies.

(b) No person shall sell, offer for sale or display for the purposes of sale any trophies or adapted trophies unless he or she is licensed under this section as a seller of trophies and adapted trophies.

(c) The permit contemplated in paragraph (a) and (b) shall be issued by the Minister subject to the payment of the prescribed fees.

(d) The permit required under this subsection shall not be in lieu of but supplementary to any other permit, registration, approval, permission or exemption required by law.

(4) For the purposes of subsection (1) any wild animal that has been shot at by virtue of a permit granted under that paragraph, and that was wounded when thus being shot at, shall in all respects be regarded as having been hunted by virtue of such permit. (5) No person shall hunt wild animal for the sake of trophies with dogs, chemicals, artificial lights, sound suppressors or semi–automatic and automatic firearms or sniper rifles.

(6) No person shall hunt for conservation hunting purposes any captive bred animals.

(7) No person shall hunt any animal released from a camp of less than 1000 hectares into a larger unit that qualifies for conservation hunting within a period of 1 year or a period longer than one year specified by the Minister based on the characteristics of the species or the ecological requirements of individual species.

(8) No animal shall be hunted for the sake of trophies in an enclosure of less than 1000 hectares, even if that enclosure is part of a larger unit.

(9) No person shall hunt for conservation hunting purposes any exotic species after five years from the commencement date of this Act. (10) No person shall hunt for the sake of trophies a wild animal imported into Namibia within a period of one year.

(11) Conservation hunting will only be permitted in free breeding populations with normal age and sex structures, in their natural environment.

(12) No person shall hunt species of wild animal for the sake of trophies from an aircraft or helicopter, moving vehicle.

(13) No person may hunt any species of wild animal unless he is accompanied by a professional hunter, master hunting guide or hunting guide registered with the Ministry.

(14) A permit for the hunting of species of wild animal for the sake of trophies shall be issued only to a professional hunter, master hunting guide or hunting guide who applies for such permit in writing on behalf of a trophy hunter, or person authorized in writing by such professional hunter, master hunting guide or hunting guide and who applies therefore in writing.

(15) No person may advertise, entice, aid and abet conservation hunting that is not in conformity with this Act.

(16) No person may advertise, offer, practice or represent any form of darting or any other non-lethal form of shooting any type of projectile at a wild animal as conservation hunting, whether for gain or not.

(17) Any person who contravenes or fails to comply with any provision of this section or any condition, requirement or restriction of a permit or permission granted in terms of this section, shall be guilty of an offence to a fine of N$ 1 000 000 or ten years imprisonment or to both such fine and such imprisonment.

(18) If the person referred to in subsection (16) has been previously convicted of an offence referred to in that subsection, he or she is liable to a fine not exceeding N$2 000 000 or to imprisonment for a period not exceeding 20 years, or to both such fine and such imprisonment.

54. Hunting of wild animal to protect grazing

(1) Notwithstanding anything contrary to this Act -

(a) the owner or lessee of land or any employee in the permanent service of such owner or lessee, may hunt any wild animal, excluding elephant, hippopotamus and rhinoceros, destroying or damaging crops or plants on any cultivated land on such land: Provided that no wild animal shall be hunted in accordance with the provisions of this paragraph during the period from half an hour after sunset on any day to half an hour before sunrise on the following day, unless such cultivated land is not less than one hundred hectares in extent and enclosed with a game proof prescribed in respect of kudu;

(b) any occupier of communal land may hunt any wild animal, excluding elephant, hippopotamus and rhinoceros, destroying or damaging crops or plants on any cultivated land on such communal land which has been laid out and is being cultivated by such occupier, provided such 88

cultivated land is enclosed with a fence approved by the Director responsible for wildlife management.

(2) Any person who kills any game in terms of the provisions of subsection (1) shall report it in writing or any other suitable means of communication to the nearest office of the Ministry or at the nearest police office or the Conservancy office within seven days thereafter.

(3) Any person who fails or neglects to comply with the provisions of subsection (2) shall be guilty of an offence.

(4) Whenever the Minister is convinced, upon receiving an application in writing, that it is necessary to protect grazing on a farm or any other land he or she may grant a permit to the owner or lessee of such farm or land authorizing him, notwithstanding anything to the contrary in this Act contained but subject to the conditions, requirements and restrictions which is imposed when such permit is granted, within the period mentioned in such permit to hunt on such land the species of game, and the number thereof, mentioned in such permit: Provided that -

(a) if a company is the owner or lessee of such farm or land, such permit shall be issued to a director of such company or any other person nominated by such company;

(b) if a regional council or local authority is the owner or lessee of such farm or land, such permit shall be issued to a person nominated by the council or such local authority;

(c) if the lessee of such farm or land applies for permission to hunt huntable game, huntable game birds or exotic game in terms of such permit, the Minister shall grant such permit only after consultation with the owner of such huntable game, huntable game birds or exotic game.

(5) Any person to whom a permit referred to in subsection (4) was granted who contravenes or fails to comply with any condition, requirement or restriction of such permit, shall be guilty of an offence.

(6) If at the trial of a person on a charge for the contravention of section 49 or section 50, it appears from the evidence that the species, the subject of the charge, was lawfully killed in terms of the provisions of subsection (1), (2) and (3) but that the accused failed or neglected to report the killing thereof in accordance with the said subsection (1), (2) and (3) such person may be convicted of a contravention of the said subsection (1), (2) and (3).

55. Hunting at night

(1) Subject to the provisions of section 52 and Part X, no person shall without the permission of the Minister hunt any species or other wild animal -

(a) during the period from half an hour after sunset on any day to half an hour before sunrise on the following day;

(b) with the aid of artificial light.

(2) Any person who contravenes or fails to comply with any provision of this section or any condition, requirement or restriction of any permission granted in terms of this section, shall be guilty of an offence and liable on conviction to a fine not exceeding N$ 500 000 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

(3) If the person referred to in subsection (2) has been previously convicted of an offence referred to in that subsection, he or she is liable to a fine not exceeding N$1 000 000 or to imprisonment for a period not exceeding 10 years, or to both such fine or such imprisonment.

(4) Any determination of species that are to be culled and hunted at night with permission granted by the Minister, including the hunting season shall be made known by notice in the Official Gazette.

56. Powers of a land owner in regard to persons found hunting

(1) Whenever -

(a) the owner or lessee of land; or

(b) the lessee of the right to hunt huntable game, huntable game birds and exotic game on a farm or land; or

comes across a person who is engaged in hunting species on such farm or land he or she may request the person who is so engaged in hunting immediately to produce his or her permit, authority or permission to hunt such species on such farm or land, and if the person who is so engaged in hunting refuses or fails immediately to produce such permit, authority or permission, he or she may be ordered by the first-mentioned person to furnish his or her true name and address and immediately to leave the farm or land, and any person who refuses or fails to obey such order may be arrested by the person who gave the order.

(2) Whenever -

(a) the occupier of land owned by the State; or

(b) any other person authorized thereto in writing by the Minister,

comes across any person who is engaged in hunting game or any other wild animal (other than a problem causing animal) on such land, he or she may

request the person who is so engaged in hunting such game or wild animal immediately to produce his or her permit or permission to hunt such game or wild animal on such land, and if the person so engaged in hunting such game or wild animal refuses or fails immediately to produce such permit or permission, he or she may be ordered by the first-mentioned person to furnish his/her true name and address and immediately to leave the land concerned and any person who refuses or fails to obey such order may be arrested by the person who gave the order.

(3) The occupier of land owned by the State and the owner or lessee of any other land may immediately destroy any dog chasing any other wild animal on such land (except a dog chasing r wild animal in accordance with the provisions of Part X) as well as any dog which is found on such farm or land and which is not under the proper control of an adult or cause any such dog to be destroyed.

(4) Any person who -

(a) contravenes or fails to comply with any provision of this section;

(b) refuses or fails immediately to produce any permit, authority or permission when requested in terms of subsection (1) or (2) to do so;

(c) refuses or fails to furnish his or her true name and address, or furnishes a name or address which is not his or her true name or address when ordered in terms of subsection (1) or (2) to furnish his or her true name and address;

(d) refuses or fails immediately to leave the farm or land concerned when ordered in terms of subsection (1) or (2) to do so,

shall be guilty of an offence.

57. Catching, killing and keeping of species and wild animals

(1) Subject to the provisions of this Act, no person shall without a permit granted by the Minister - (a) catch any wild animal by means of a snare, pitfall, trap, spring trap, net, birdlime, drug or any other device or means whatsoever or by any method whatsoever;

(b) kill any wild animal by any means other than by shooting with a firearm; and

(2) The provisions of subsection (1) shall not prohibit the owner or lessee of land from killing or capturing wild animals not being species as defined in section (1), on such land for any purpose whatsoever.

(3) The provisions of this subsection shall not apply to the killing and capturing of reptiles and rodents not being wild animal as defined in section 1: Provided that no person other than a licensed game dealer shall capture any species for commercial or scientific purposes without, the written permission of the Minister.

(4) The Minister may, in his or her discretion grant exemption from any or all the provisions of this subsection to the owner or lessee of a farm which is enclosed with a game proof fence or of a piece of land which is not less than one thousand hectares in extent and which is enclosed with a game-proof fence, or to a licensed game dealer or to any member or the members of any particular population group residing on the communal land of the population group concerned.

(5) The Minister may, in his or her discretion, exclude any exotic species from the provisions of this subsection relating to the keeping of species. 93

(6) The name of any exotic species which is so excluded from the provisions of this subsection shall be made known by notice in the official gazette.

(7) Notwithstanding anything to the contrary contained in subsection (1) and section 49, but otherwise subject to all the provisions of this Act and any other law in force in Namibia relating to the care for and the keeping, transport, sale and export of species, the owner or lessee of a farm or any piece of land not being less than one thousand hectares in extent may with the aid of helpers under his personal supervision, for any purpose whatsoever capture and keep species on such farm or piece of land, provided such farm is enclosed with a game-proof fence and the Director responsible for wildlife management has previously in writing approved the method whereby and the equipment with which such owner or lessee intends to capture such species: Provided that -

(a) the Minister may at any time in its discretion direct that any such owner or lessee shall only capture such species under the supervision of a conservation officer;

(b) such owner or lessee may engage any person approved by the Minister (whether in general or for that specific case) to capture such species in such manner.

(8) The Minister may in his or her discretion and in respect of such wild animals as he or she may determine, grant exemption from any or all of the provisions of this section to a person who is the holder of a licence authorizing him/her to sell pets.

(9) An application for the exemption referred to in subsection (8) shall be made in a form approved by the Minister and shall be submitted to the Director responsible for wildlife utilization.

(10) Any person who contravenes or fails to comply with any provision of this section or any condition, requirement or restriction of any permit, approval, 94

permission or exemption granted or any instruction given in terms of this section shall be guilty of an offence.

(11) For the purposes of the provisions of this section excluding the provisions of subsection (2), "lessee" shall not include the lessee of a farm or land, who is not the owner of the huntable species, huntable birds and exotic species on such farm or land.

58. Poisoning of wild animals

(1) No person without the written permission of the Minister shall poison any wild animal.

(2) The Minister, in consultation with the Ministers responsible for agriculture and trade, may identify agricultural chemicals and other poisons which pose a high risk to non-target wild animals for consideration of revising the registration and limitation on the use of such substances or the outright prohibition from being registered, imported and sale in Namibia.

(3) Any person who contravenes or fails to comply with any provision of this section or any condition, requirement or restriction of any permission granted in terms of this section, shall be guilty of an offence and liable on conviction to a fine not exceeding N$ 5 000 000 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

59. Driving or luring of species from another person’s land

(1) Any person who, whether personally or through any other person –

(a) without the consent of the owner or lessee of a farm or piece of land, drives or in any other manner forces or lures any species or other wild animals to trek from such farm or piece of land to any other farm or piece of land;

(b) removes, damages, cuts, flattens or raises any game-proof fence or adequate fence or constructs a game-trap in such a fence or allows a game trap to exist therein with intent to drive or lure any game or other wild animals from any farm or piece of land, without the consent of the owner or lessee of such farm or piece of land, to any other farm or piece of land or to allow game animals to pass or escape from such first-mentioned farm or piece of land to such other farm or piece of land.

shall be guilty of an offence and liable on conviction to a fine not exceeding N$ 300 000 or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.

60. Capturing, transport and keeping of species for commercial purposes

(1) Subject to the provisions of sections 57 (2) and 57 (7) no person shall capture, transport or keep any wild animal for commercial purposes unless he/she is registered as a wildlife trader, provided that the provisions of this subsection shall by no means prohibit any person who has captured or is keeping species or any other wild animal for commercial purposes in terms of the provisions of section 57 (2) or 57 (7) from transporting such species for commercial purposes.

(2) Application for a wildlife trader’s licence shall be made in the form set out by the Minister in the Regulation.

(3) A wildlife trader’s licence shall be granted by the Minister, and shall be issued in the form determined by the Minister in the Regulations.

(4) A wildlife trader’s licence-

(a) shall be valid for a period of 12 months from the date of issue;

(b) may be renewed upon expiry; and

(5) An amount to be determined by the Minister in the Regulations shall be payable at the issue of every new game dealer's registration and at any renewal of a wildlife trader’s registration.

(6) Every licensed wildlife trader shall keep a register in the form and in the manner prescribed by regulation, of all species and other wild animals which he captures, buys, sells, breeds, exchanges or barters and disposes of, and which dies.

(7) The Minister may in his/her discretion grant exemption from any or all of the provisions of this section to any person who is the holder of a licence authorizing him to sell pets, in regard to such game and other wild animals as it may determine and which shall be mentioned in such exemption.

(8) Any person who contravenes or fails to comply with any provision of this section, or any Provision, restriction or condition of a licence or an exemption granted in terms of this section shall be guilty of an offence.

61. Restrictions in regard to firearms and capturing apparatus

(1) No person shall use a revolver, pistol or semi-automatic or automatic firearm, sniper firearm, or any non-lethal instrument including a dart gun, when hunting wild animals. .

(2) The Minister may for the purposes of this Act and by regulation differentiate between the caliber and cartridges of different firearms to be used in respect of different species of wild animals.

(3) No person shall convey any fire-arm other than in a securely fastened case or cover along any public road in Namibia unless such person is the owner, land

occupier or lessee of the land upon which such road is situated or has the right to hunt game or any other wild animal on such land.

(4) Subject to the provisions of Part X no person shall -

(a) manufacture or be in possession of, any snare, trap, cage trap, catapult spring or gin trap, net, birdlime or any other device or means whatsoever, intended or suitable for the capture of any wild animal or, subject to the provisions of subsection (3), a fire-arm; and

(b) make any pitfall,

Unless with the approval of the Minister.

(5) From the date of the commencement of this Act no person may manufacture or be in possession of a spring or gin trap other than spring traps designed for the capturing or killing of rodents.

(6) The Minister may by notice in the Official Gazette announce a date whereby all spring or gin traps or other unapproved capturing equipment should be handed in at the Ministry or rendered permanently inoperable.

(7) Any person who, on the date of commencement of this Act, fails to comply with the above listed requirements may continue to undertake such activity for a period not exceeding six months.

(8) Any person who contravenes or fails to comply with any provision of this section, shall be guilty of an offence and liable on conviction to a fine not exceeding N$ 300 000 or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.

62. Use of vehicles and aircraft when hunting and capturing wild animals

(1) Any person who, during a hunting expedition shoots at wild animal out of or from a moving motor vehicle or an aircraft, or who, for any purpose whatsoever, including that of filming or photography for commercial purposes, willfully drives wild animal by means of a motor vehicle or an aircraft, shall be guilty of an offence, provided that the Minister may grant exemption from the provisions of this section prohibiting him from using motor vehicles and aircraft so to capture, to drive away or to shoot at wild animal, to-

(a) the owner or lessee of a farm or land -

(i) desiring to drive away or shoot at wild animal in accordance with the provisions of section 54 (1);

(ii) desiring to capture wild animal on such farm or land in accordance with the provisions of section 57;

(b) a licensed game dealer desiring to capture wild animal in accordance with the provisions of this Act.

(2) Any exemption referred to in subsection (1) may be granted in general or to a specific person or in respect of a specific occasion.

63. Eggs of birds and reptiles

(1) No person other than the lawful holder of a permit granted by the Minister shall at any time remove, disturb, destroy, sell, offer to sell or purchase the eggs of birds or reptiles,

(2) A permit issued in terms of this section shall state the kind of egg and the number thereof which may be removed, disturbed, destroyed, sold, or purchased thereunder.

(3) Any person who contravenes or fails to comply with any provision of this section, or any condition, requirement or restriction of a permit issued in terms of this section, shall be guilty of an offence.

64. Collection of wild animals for scientific and traditional purposes

(1) Whenever the Minister is satisfied that any species or wild animal is required by a public museum, zoological garden or scientific institution, or that any species or wild animal is required for scientific purposes or for domestication or acclimatization, he or she may grant a permit to any person authorizing him or her to hunt, kill, capture or keep such species or wild animal at the time, place or locality mentioned in such permit, notwithstanding anything to the contrary contained in this Act, but subject to the conditions, requirements and restrictions mentioned in such permit.

(2) On granting any permit referred to in subsection (1) the Minister may also determine the means by which such wild animal or any part or derivative derived from such wild animal, may or shall be disposed of.

(3) The Minister may grant authorization for collection and possession of wild animal including their parts and derivatives for traditional purposes.

(4) Any person who contravenes or fails to comply with any condition, requirement or restriction of any permit granted in terms of this section, shall be guilty of an offence and liable on conviction -

(a) in the case of a permit concerning specially protected or protected species, to a fine not exceeding N$ 500 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment;

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(b) in the case of a permit concerning huntable species or any other species or wild animal except huntable birds, to a fine not exceeding N$ 300 000 or to imprisonment not exceeding three years or to both such fine and such imprisonment;

65. Donation of species and meat of species

(1) No person shall donate any species or meat of species to any other person, provided that-

(a) the owner or lessee of a farm, or a piece of land, Conservancy or any other person who has lawfully captured or who is lawfully keeping species in accordance with the provisions of this Act may at any time donate any species which he/she has so captured or which he/she is so keeping in accordance, with the provision of this Act to any other person who is the owner or lessee of a farm or land in Namibia or to whom a permit or licence has been granted in terms of this Act authorizing him/her to keep such species or to export it from Namibia;

(b) the owner or lessee of a farm which is enclosed with a game-proof fence, or a piece of land which is not less than one thousand hectares in extent and which is enclosed with a game-proof fence may at any time donate meat of any species which he has lawfully hunted in accordance with the provisions of this Act on such farm or piece of land, to a single person above the age of eighteen years or to the head of a family (irrespective of the size of the family) or to any church denomination, association, institution, organization, society or body approved by the Minister;

(c) the owner or lessee of any other farm or land may, during the hunting season only donate the meat of any species which he has lawfully 101

hunted in accordance with the provisions of this Act on such farm or land, to a single person above the age of eighteen years or to the head of a family (irrespective of the size of the family), or to a church denomination, association, institution, organization, society or body approved by the Minister;

(d) any person who has lawfully acquired meat of species from someone else in accordance with the provisions of this Act may, in the hunting season only, donate such meat to a single person above the age of eighteen years or to the head of a family (irrespective of the size of the family), or to a church denomination, association, institution, organization, society or body approved by the Minister.

(2) Not more meat of species than the meat of-

(a) one eland, oryx, kudu or buffalo; or

(b) four springbok, warthogs or bush-pigs; or

(c) twelve huntable game birds in any period of thirty days, shall be donated in terms of the provisions of paragraph (c) or (d) of the proviso to subsection (1), by any person to any other person to whom he may so donate it.

(3) Any person who contravenes or fails to comply with any provision of subsection (1) or (2), shall be guilty of an offence.

(4) No person shall receive any species or meat of species as a gift from any person other than a person who may donate it to him in terms of this Act.

(5) Any person who contravenes or fails to comply with any provision of subsection (4), shall be guilty of an offence.

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(6) Any person who donates any species or meat of species to any other person or to a church denomination, association, institution, organization, society or body, shall at the time of delivering or handing over such species or meat of species, hand to the person to whom it is so delivered or handed over, a document in which -

(a) the name and the residential address of the donor;

(b) the date on which and the place at which such game or game meat is delivered or handed over;

(d) the name of the person, church denomination, association, institution, organization, society or body to whom or to which such species or meat of species is so donated;

(e) the name and the residential address of the person to whom such species or meat of species is being delivered or handed over; and

(f) the signature of the donor,

is indicated fully in ink.

(7) Any person who contravenes or fails to comply with any provision of subsection (6) shall be guilty of an offence.

(8) Any person who is in possession of species or meat of species as a result of a donation without being in possession of a document referred to in subsection (6), shall be guilty of an offence.

(9) The provisions of all subsections, excluding 2 and 8, shall not apply in respect of -

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(a) a gift of species or meat of species made to his parents or children by the owner or lessee of a farm or land;

(b) to a gift of meat of species, other than the meat of huntable birds, of less than ten kilograms.

(10) Any person who furnishes false information in respect of any provision of this section, or who makes a false entry in a document referred to in subsection (6), shall be guilty of an offence.

(11) For the purposes of this section "lessee" shall not include the lessee of a farm or land, who is not the owner of the huntable species, huntable birds and exotic species on such farm or land.

66. Sale of wild animals, meat and skins of wild animals

(1) No person shall sell -

(a) any wild animal or meat of wild animal; or

(b) the skin of any wild animal:

Provided that -

(i) the owner or lessee of a farm which is enclosed with a game- proof fence or a piece of land which is at least one thousand hectares in extent and which is enclosed with a game-proof fence, may sell any wild animal or its part or derivative originating from that farm or that piece of land;

(ii) the owner or lessee of a farm which is enclosed with an adequate fence may sell any wild animal or its part or derivative originating from that farm with the written permission of the Minister, which permission may be granted subject to the

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conditions determined by the Minister, including in the case where such species is to be hunted for commercial purposes, a condition indicating the person or persons by whom such species shall be hunted;

(iii) any licensed butcher may, with the written permission of the Minister, sell any meat of a wild animal which he has acquired from the owner or lessee of a farm or land in terms of the provisions of sub paragraph (i) or (ii) of this proviso;

(iv) any licensed wildlife trader may sell any wild animal which he has in his possession in accordance with the provisions of this Act;

(v) any church denomination, association, institution, organization, society or body approved by the Minister may, with the written permission of the Minister, sell any wild animal or meat of any wild animal which such church denomination, association, institution, organization, society or body has obtained in terms of the provisions of this Act, at a public function.

(2) No person shall purchase -

(a) wild animals or meat of wild animals; or

(b) the skin of wild animal, knowing it to be wild animal or meat or such skin of wild animal: Provided that nothing in this subsection contained shall prohibit any person from purchasing -

(i) from the owner or lessee of a farm or a piece of land any wild animal or meat or skins of wild animal; or

(ii) from a licensed butcher any meat of wild animal; or

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(iii) from a licensed wildlife trader any wild animal; or

(iv) from any church denomination, association, institution, organization, society or body any wild animal or meat of wild animal which such owner or lessee of a farm or piece of land, licensed butcher, licensed wildlife trader, church denomination, association, institution, organization. Society or body may sell to him in terms of this Act.

(3) Any person who sells any wild animal, meat or the skin of wild animal to any other person or to a church denomination, association, institution, organization, society or body shall, at the time of delivering or handing over such wild animal, meat or skin of wild animal, hand to the person to whom it is so delivered or handed over, a document in which -

(a) the name and the residential address of the seller;

(b) the date on which and the place at which such wild animal, meat or skin of wild animal is delivered or handed over;

(d) the name and the residential address of the purchaser;

(e) the name and the residential address of the person to whom such wild animal, meat or skin of wild animal is being delivered or handed over; and

(f) the signature of the seller

are indicated fully in ink.

(4) Any person who contravenes or fails to comply with any provision of subsection (3), shall be guilty of an offence. 106

(5) Any person who, as a result of the purchase thereof is in possession of a wild animal, meat or the skin of a wild animal without being in possession of a document referred to in subsection (3), shall be guilty of an offence.

(6) No person shall, without any written permission of the Minister, in any newspaper or otherwise, advertise the sale of (a) any wild animal or meat of wild animal; or

(b) the skins of wild animal:

(7) For the purposes of this section -

(a) "lessee" shall not include the lessee of a farm or a piece of land, who is not, in terms of this Act, the owner of the wild animal on such farm or piece of land;

(8) Any person who contravenes or fails to comply with any provision of subsection (1), (2) or (6) or any condition, requirement or restriction of any permission granted thereunder shall be guilty of an offence and liable on conviction to a fine not exceeding N$ 50 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(9) Any person who contravenes, or fails to comply with, the provisions of subsection (3) or who furnishes false information in respect of any provision of this section, or who makes a false entry in a document referred to in subsection (3), shall be guilty of an offence.

67. Transport of wild animal including parts and derivatives and meat of species

(1) No person shall transport any wild animal, including its parts or derivatives unless he or she -

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(a) is the holder of a permit, written authority or written permission granted and issued in terms of this Act, authorizing him or her to hunt, capture, or keep such wild animal, or to import such species into Namibia or to export such wild animal from Namibia, and has such permit, written authority or written permission on his or her person at the time of such transport;

(b) is the holder of a wildlife trader’s licence issued in terms of this Act;

(c) is the holder of a document handed to him or her in accordance with the provisions of section 63 or 64 and has such document on his or her person at the time of such transport;

(d) has been instructed in writing by the owner or lessee of a farm or land who may lawfully donate any wild animal, including its parts or derivatives in terms of this Act, to transport species or meat of species which is so donated to another person for such other person and deliver it to him or her and has such instruction as well as the document referred to in paragraph (c) on his or her person at the time of such transport.

(2) The provisions of subsection (1) shall not apply to-

(a) the owner or lessee of a farm or land, who transports any wild animal, including its part or derivative lawfully hunted or captured on such farm or land in accordance with the provisions of this Act;

(b) the parent or child of any owner or lessee of a farm or land who transport the meat of any wild animal which such parent or child has lawfully hunted on such farm or land in accordance with the provisions of this Act;

(c) the employee of any owner or lessee of a farm or land who transports the meat of any wild animal which such employee has lawfully hunted 108

on such farm or land in accordance with the provisions of this Act, provided such employee shall have the written permission referred to in section 50 (2) on his or her person at the time of such transport if he or she transports it on any place other than the farm or land of his or her employer;

(d) any person who transports meat of wild animal other than the meat of huntable birds, of less than ten kilograms donated to him.

(3) Any person who contravenes or fails to comply with any provision of this section, shall be guilty of an offence.

68. Prohibition of the removal of a wild animal found dead

(1) Subject to the provisions of subsection (2) no person other than the owner or lessee of land on which any huntable wild animal is found dead shall remove such species or any part thereof from the place where it is found dead, unless it was killed in accordance with the provisions of this Act by the person removing it.

(2) Any wild animal found dead or any part thereof may -

(a) if it is found -

(i) on a proclaimed road,

(ii) within the boundaries of the road reserve of a proclaimed road and constitutes a danger to traffic on such proclaimed road,

be removed by any person from the place where it is so found to the boundary of the said road reserve which is nearest to the place where it is so found;

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(b) if it obstructs any route other than a proclaimed road, be removed by any person as far as is necessary to open the route which is so obstructed.

(3) Any person who, in accordance with the provisions of subsection (1) or (2), removes any specially protected species or protected species which is found dead, from the place where it is found dead, shall report such removal to the Director in writing within seven days thereafter.

(4) Any person who contravenes or fails to comply with any provision of this section, shall be guilty of an offence.

69. Possession of skins of specially protected and protected species

(1) No person shall be in possession of any skin of specially protected or protected species unless he or she is the lawful holder of-

(a) a permit granted by the Minister under section (43) (44) or (51) authorizing him or her to hunt such specially protected or protected game; or

(b) a permit granted by the Minister authorizing him or her to be in possession of such skin.

(2) Any person who contravenes or fails to comply with any provision of this section, shall be guilty of an offence.

70. Inability to give satisfactory account of possession

Any person found in possession of any species or wild animal or any meat of species or the egg of any species or a wild animal in respect of which a reasonable suspicion exists that it has been hunted or obtained or is possessed contrary to the provisions of this Act, and who is unable to prove that he or she has hunted or acquired or

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possesses such species or wild animal or meat of species or egg lawfully in accordance with the provisions of this Act, shall be guilty of an offence.

71. Keeping of closely related species on the same piece of land or farm

(1) No person may keep species or sub-species that are closely related to each other and are known to hybridize with each other on a same piece of land without the written authorization of the Minister.

(2) The Minister may publish a list of species and sub-species that may not be kept on the same properties in the Official Gazette and may develop regulations to govern the keeping of such species.

(3) The Minister may publish notice in the Official Gazette conditions under which closely related species or sub-species may be keep.

PART VIII COUNCIL FOR CONSERVATION HUNTING

72. Establishment of the Council for Conservation Hunting

There is hereby established a council to be known as the Council for Conservation Hunting

73. Registration a prerequisite for practicing

No person shall be allowed to practice conservation hunting in Namibia unless he/she is jointly registered with the Council and the Ministry. 74. Functions of the Council

(1) To assist in the promotion of conservation hunting in Namibia.

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(2) To control, and exercise authority in respect of, all matters affecting the training of persons in, and the manner of the exercise of the practices pursued in connection with the conservation hunting.

(3) To promote liaison in the field of the training referred to in sub section (2), both in Namibia and elsewhere, and to promote the standards of such training in Namibia. (4) To advise the Minister on any matter relation to the conservation hunting. (5) To participate in the registration and de-registration processes of all levels of hunting guides, as and when, requested by the Minister. (6) To oversee quality control for conservation hunting in Namibia. (7) To take disciplinary actions against the persons registered with the council. (8) To develop and implement a code of conduct for conservation hunting in Namibia. (9) To communicate to the Minister information on matters of public interest acquired by the Council in the course of the performance of its functions under this Act;

75. Composition of the Council

(1) The Council shall consist of the following members appointed by the Minister -

(a) four persons who represent the interests of the State; and

(b) four persons all of whom are representatives of the hunting industry.

(2) Persons appointed as members of the Council must have the necessary knowledge of, or experience in, matters relating to the functions of the Council for Professional Hunters.

(3) The Minister must designate one of the members of the Council as chairperson.

(4) The Minister shall, as soon as possible after appointing the members of the Council, make known in the Gazette –

(a) the name of every person appointed as a member;

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(b) the period for which the appointment is made; and

(5) The Council may with the approval of the Minister co-opt any person to assist it in its functions, but the person co-opted may not vote at meetings of the Council.

(6) The Council may establish one or more committees consisting of members only or consisting of members and non-members to perform, subject to the Council’s directions, functions the Council may assign to such committee.

76. Term of office of members of the Council

Any member of the Council shall hold office for a period of three years and shall, at the expiry of such period, be eligible for reappointment.

77. Disqualifications for appointment as members of the Council

(1) No person-

(a) who is not a Namibian citizen or not lawfully admitted to Namibia for permanent residence therein, and resident in Namibia; (b) who is an rehabilitated insolvent; (c) who in terms of this Act is disqualified from practicing his or her profession,

shall be appointed as a member of the Council.

78. Vacation of offices and filling of vacancies on the Council

(1) A member of the Council shall vacate his or her office, if- (a) he or she becomes subject to any disqualification contemplated in section 77;

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(b) he or she is declared mentally ill under Mental Health Act, 1973 (Act 18,1973); (c) he or she in writing under his or her hand, addressed and delivered to the secretary of the Council, resigns from his or her office; (d) he or she has been absent from more than two consecutive meetings of the Council without its leave; or (e) he or she is convicted of an offense in respect of which he or she is sentenced to imprisonment without the option of a fine.

(2) Any vacancy on the Council arising from any circumstances referred to in subsection (1) or caused by the death of any member of the Council shall be filled by election mutatis mutandis in accordance with the provisions of section 75 (2), and every member so elected shall hold office for the unexpired portion of the period of office of the vacating the member.

79. Meetings, quorum and procedures of the Council

(1) Meetings of the Council shall be held at such times and venues as the chairperson of the Council may determine: Provided that the first meeting of the Council constituted in terms of section 75 (1) shall be held at such time and venue as the Minister may determine.

(2) The majority of the members of the Council shall constitute a quorum for any meeting of the Council. (3) The decision of the majority of the members of the Council present at any meeting of the Council shall constitute a decision of the Council, and in the event of any equality of votes, the person presiding at such meeting shall have a casting vote in addition his or her deliberative vote.

(4) The Council may make rules in relation to the holding of, and procedures at, meetings of the Council.

(5) The Council and any committee of the Council referred to in section 75 shall cause a record to be kept of the proceedings of its meetings.

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(6) Any meeting of the Council where this Council holds an inquiry under Part VIII or where any committee of this Council referred to in section 80 hold such inquiry under powers assigned or delegated to it by the Council, shall be open to the public, unless the Council or such committee determines, subject to the provisions of the proviso to Article 12(1)(a) of the Namibian Constitution, otherwise.

(7) Any member or former member of the Council or of any committee of this Council referred to in section 80 shall preserve and aid in preserving secrecy in relation to all matters that may come to his or her knowledge at or in respect of any meeting of the Council or committee, and shall not communicate any such matter to any other person or permit any other person to have access to any documents in his or her possession or custody related to such matter, except in so far as any such communication or document is required by, or may be made in terms of, this Act or any other law, or is required by any order of a court of law.

(8) Any person who contravenes or fails to comply with any determination referred to in sub section (6) or with the provisions of sub section (7) shall be guilty of an offense and on conviction be liable to a fine not exceeding N$ 10 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

80. Committees of the Council

(1) The Council shall – (a) establish a disciplinary committee which shall consist of such number of persons appointed by the Council, as the Council may determine, but which shall include a least two members of the Council, one of whom shall be the chairperson and the other the vice-chairperson of such committee, to investigate and report to the Council on any complaint, charge or allegation referred to in section 90.

(b) establish an education committee which shall consist of such number of persons, appointed by the Council, as the Council may determine, but

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which shall include at least two members of the Council, one of whom shall be the chairperson and the other the vice-chairperson of such committee and least two persons of the profession who have knowledge or experience or are or were involved in the training or persons in the profession who have knowledge or experience or are or were involved in the training or persons in the profession, to investigate and report to the Council on any matter relating to any requirement or qualification for registration or training, as the case may be.

(2) The committees established in terms of subsection (1) shall, subject to the provisions of subsection (5), exercise such of the Council’s powers and perform such of a Council’s functions as the Council may from time to time confer upon or assign to it.

(3) The Council may from time to time establish such other committees as it may deem necessary, each consisting of such number of persons appointed by the Council, as the Council may determine, but which shall include at least one member of the Council who shall be the chairperson of such committee, to investigate and report to the Council on any matter falling within the scope of the Council’s functions under this Act.

(4) The Council may delegate to any committee established in terms of subsection (3), such of its powers, in addition to the powers conferred upon such committee by that subsection, as it may from time to time determine, but shall not be divested of any power so delegated.

81. Administration of the Council

(1) The Permanent Secretary shall (a) make staff members in the Ministry available to perform the clerical work of the Council in the performance of its functions (b) designate a staff member of the Ministry as the Secretary of the Council

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(2) The expenditure resulting from the performance of the duties and functions of the Council in terms of subsection (1) must be paid from the state revenue funds from moneys appropriated for that purpose by Parliament.

82. Allowance of members of the Council and Committees

Members of the Council and of a committee of the Council who are not in the full time appointment of the State are entitled to such allowances as the Minister with the concurrence of the Ministers responsible for Finance and Public Enterprises, may determine.

83. Disclosure

(1) If a member of the Council or of a committee of the Council has a direct or indirect financial or other interest in a matter being dealt with or about to be dealt with by the Council or a committee of the Council, the member must as soon as is possible after the relevant facts come to the member’s knowledge, disclose the nature of the interest to the chairperson of the Council.

(2) Any disclosure made under this section must be noted in the minutes of the relevant meeting of the Council.

(3) A member of the Council or of a committee of the Council who contravenes subsection (1) commits an offence and is on conviction liable to a fine not exceeding N$10 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

84. Control over training

(1) Notwithstanding anything to the contrary in any law contained, no person or educational institution may offer or provide any training having as its object to 117

qualify any person for the practicing of the profession to which the provisions of this Act apply or for the carrying on of any other activity directed to the profession, unless such training has been approved by the Council.

(2) Any person or educational institution intending to offer such training as is referred to in subsection (1) shall, before offering such training, apply in such form as may be determined by the Minister, to the Council in writing

(3) The Council will make recommendations to the Minister to grant or refuse the application.

(4) The Council shall, in writing, notify the person or educational institution concerned of any decision taken under subsection (3).

(5) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition determined under subsection (3) shall be guilty of an offense and on conviction be liable – (a) in any other case, to a fine not exceeding N$ 500 000 or imprisonment for a period of not exceeding five years or to both such fine and such imprisonment.

85. Keeping registers

(1) The secretary of the Council shall keep a register for the profession and shall enter into such register the name, address, qualifications or such other particulars as may be determined by the Council of every person whose application for registration in terms of section 68 has been granted.

(2) The secretary of the Council shall keep the register concerned in accordance with the provisions of this Act and shall, subject to any other provisions of this Act, remove therefrom the names of all registered persons who have died or whose period of registration has expired, and shall from time to time make the necessary alterations in the addresses or qualifications of such persons.

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(3) Every registered person who changes his or her address shall in writing and within 30 days after such change notify the secretary of the Council of his or her new address.

(4) The Permanent Secretary: Home Affairs shall upon receipt of the death registration of a person which indicates that such a person immediately prior to his or her death practiced a profession which is required to be registered under this Act, forthwith notify the secretary of the Council concerned of such death.

86. Removal of names from, and restoration to, register

(1) The Council may remove from the register, the name of any person –

(a) who has been, without informing the Council, absent from Namibia during the three years immediately preceding such removal;

(b) who has failed to notify the secretary concerned in terms of section 85 (3) of any changes of address and who, within a period of three months after a request by such secretary sent by registered letter to the address of such person appearing in such register to furnish such new address, fails to comply with such request;

(c) who has requested that his or her name be removed from the register, in which case such person may require to lodge with the secretary concerned an affidavit to the effect that no disciplinary or criminal proceedings are being or are likely to be taken against him or her;

(d) who has failed to pay to the Ministry, within a period of one month as from the date upon which it became due for payment, the prescribed annual fees;

(e) whose name has been removed from the register, record or roll or any educational institution, society or other body from which such person received the qualification by virtue of which such person was registered in terms of this Act;

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(f) in respect of whom any entry has been made in error or through misrepresentation or in circumstances not authorized by this Act and the initial registration would not have been made had the correct facts and circumstances been known to the Council.

(2) Notice of the removal of the name of any person from a register in terms of subsection (1) shall be served by the secretary of the Council or any person designated by such secretary for that purpose on the person whose name has been removed from the register at his or her place of business or residence and Ministry of Environment and Tourism.

(3) In the event that a notice referred to in subsection (2) cannot be served on the person whose name has been removed from the register at his or her place of business or residence, such notice may be served – (a) at the place of business of such person upon any partner or employee of such person; or (b) at the place of residence of such person upon any member of the household or any employee of such person apparently age of 16 years; or (c) by way of registered letter addressed to such person at his or her address which appears in such register, and, in the case of paragraph (a) or (b), any partner, member or employee upon whom the notice is served shall acknowledge receipt thereof in writing and shall state his or her capacity and, where applicable, his or her age.

(4) As from the date on which a notice referred to in subsection (2) has been served– (a) any registration certificate issued in terms of this Act to the person concerned shall be deemed to be cancelled; and (b) such person shall cease to practice the profession in respect of which such person was registered or to perform any act which such person, in his or her capacity as a registered person, was entitled to perform.

until such time as the name of such person is restored to the register concerned.

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(5) If any person registered in terms of this Act has been declared a mentally ill person under Mental Health Act, 1973 (Act 18 of 1973), the Registrar of the High Court shall forward a copy of the order declaring such person a mentally ill person to the secretary of the Council who shall, on receipt of such copy, remove the name of such person from register.

(6) The name of a person which has been removed from a register or any entry removed from a register in terms of subsection (1) may upon application by such person in the form as may be determined by the Minister to the secretary of the Council, be restored to such register by the Council.

(7) The provisions of section 73 shall apply mutatis mutandis to an application in terms of subsection (6) as well as any further and other conditions which the Council concerned may impose. (8) Any person wishing to appeal any decision of the Council in this section may in accordance with the regulations submit a written appeal to the Minister.

87. Copy of registers as proof

(1) A copy of any register of the Council is signed by the secretary of the Council shall be prima facie proof in all legal proceedings of the facts therein recorded, and the absence of the name of any person from such copy shall be proof, until the contrary is proved, that such person is not registered under the provisions of this Act: Provided that in the case of any person whose name – (a) does not appear in such copy but ought to appear in such register, a certified copy under the hand of such secretary of the entry of the name of such person in such register shall be prima facie proof that such person is registered under the provisions of this Act; (b) has been removed from such register and has not been restored thereto, a certificate under that hand of such secretary that the name of such person has been removed from such register shall be prima facie proof that such person is not registered under the provisions of the Act.

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88. Qualifications prescribed for registration

(1) Subject to the provisions of subsection (2), the Minister may from time to time, upon the recommendation of the Council, prescribe the qualifications obtained by virtue of examinations conducted by any educational institution or other examining authority, which, when held singly or conjointly with any other qualification, shall entitle any holder thereof to registration under this Act, if he or she has, before or in connection with or after the acquisition of the qualification in question, complied with such conditions or requirements as may be so prescribed.

(2) No qualification obtained by virtue of examinations conducted by an educational institution or other examining authority situated outside Namibia shall be prescribed under this section unless –

(a) such qualification entitles the holder thereof to practice such profession in the country or state in which such educational institution or other examining authority is situated; and

(b) the Council is satisfied that possessions of such qualifications is of a standard of professional education no lower that prescribed in terms of subsection (1) in respect of the profession, within Namibia.

89. Penalties for practicing or for performing certain other acts, while unregistered

(1) Any person not registered, who - (a) for gain practices as a hunting guide at all levels, whether or not purporting to be registered as such; (b) for gain – (i) guides a hunter; (ii) performs any act, prescribed as an act, which may be performed only by a professional hunter;

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(iii) performs any other act, whether defined in this act or not, specifically pertaining to the profession of a professional hunter; shall be guilty of an offence and on conviction be liable to a fine not exceeding N$ 1 000 000 or to imprisonment not exceeding ten years, or to both such fine and such imprisonment.

90. Rules by the Council relating to improper conduct or misconduct

(1) The Council shall from time to time issue rules specifying the acts or omissions by registered persons which constitute improper conduct or misconduct and in respect of which the Council may conduct inquiries and may take disciplinary steps in terms of the provisions of this Act.

(2) No rules issued in terms of subsection (1) or any amendment or withdrawal thereof shall be of force and effect until approved by the Minister and published in the Government Gazette.

(3) The provisions of this section shall not prohibit the Council from conducting an inquiry into any conduct or behaviour of any registered person, whether or not such conduct or behaviour is an act or omission referred to in subsection (1).

91. Inquiries by the Council into complaints, charges or allegations of improper conduct or misconduct

(1) The Council shall have power to inquire –

(a) into any complaint or charge; or (b) whether or not a complaint or charge has been lodge with the Council, into any allegation;

of improper conduct or misconduct against any person registered with the Council, and on finding such person guilty of such conduct, to impose any of the penalties prescribed by section 94 Provided that in the case of a

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complaint, charge or allegation which forms or is likely to form the subject of a criminal case in a court of law, the Council may postpone the holding of an inquiry until such case has been disposed of.

(2) The Council may –

(a) when it is in doubt as to whether an inquiry should be held in connection with the complaint, charge or allegation in question, consult with or seek information from any person, including the person against whom the complaint, charge or allegation has been lodged; (b) for the purpose of an inquiry in terms of subsection (1) permit or request any person to give evidence at such inquiry or to advise the Council on any matter in respect thereof.

92. Procedures at inquiries

(1) Any inquiry in terms of section 91 shall, subject to the provisions of this section, be conducted in accordance with the prescribed procedures.

(2) The proceedings at such inquiry shall, in so far as is practicable, be minuted verbatim and the minutes of such in inquiry shall be certified by the members of the Council present at such meeting as being a true and accurate account of evidence given at such inquiry, the exhibits presented and of the decision of the Council.

(3) The minutes of an inquiry referred to in subsection (2) shall for a period of at least five years be kept in safe-custody by the secretary of the Council and shall for the purpose of an appeal in terms of section 138 be prima facie proof of the proceedings at such inquiry and the decisions taken by the Council as a result of such inquiry.

(4) Any person in respect of whom an inquiry in terms of section 91 is to be held shall be notified in writing of such inquiry at least 21 days before the date of

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commencement of such inquiry by the delivery to such person of a notice in the prescribed form informing such person of the intended inquiry and obtaining from such person an acknowledgement of receipt stating the date, place and time of the service of such notice.

(5) Service of a notice in terms of subsection (4) shall be performed by the secretary of the Council or by a person designated for such purpose by the secretary.

(6) In the event of the secretary or the person designated in terms of subsection (5) certifying that –

(a) the person upon whom the notice is to be served cannot be traced;

(b) such person refuses to accept such notice; or (c) such person refuses to sign the required acknowledgement or receipt,

the secretary may send such notice by registered letter to such person to his or her address as it appears in the register of the Council: Provided that such notice shall be so sent not less than 14 days prior to the date of the intended inquiry.

(7) In the event of a person served with a notice in terms of subsection (4) or to whom a notice has been sent in terms of subsection (6), not being present at the commencement of an inquiry conducted in the absence of such person.

(8) For the purpose of an inquiry in terms of section 91 the Council may summon witnesses to appear at a specified date, place and time to give evidence before the Council and submit to the Council any document, book, record or other thing relevant to the inquiry.

(9) A summons to appear before the Council as a witness or to produce to it any document, book, record or thing referred to in paragraph (a), shall be

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substantially in the prescribed form and signed by the chairperson or secretary of the Council, and shall be served either by registered letter or in the same manner as it would have been served if it were a subpoena issued by a magistrate’s court.

(10) Any person who, having duly been summoned –

(a) refuses, or without sufficient cause fails, to attend the inquiry in question at the time and place specified in the summons; or (b) refuses to take the prescribed oath or to make an affirmation when required by the person presiding at such inquiry to do so; or (c) leaves the inquiry in question without the consent of the person presiding at such inquiry, whether or not such person has given evidence; or (d) refuses to give evidence before the Council or refuses to answer fully and satisfactorily to the best of his or her knowledge and belief any question lawfully put to him or her or refuses to produce any document, book, record or thing which such person has in terms of the summons been required to produce,

shall be guilty of an offence and on conviction be liable to a fine not exceeding N$ 500 000 or five year imprisonment or to both such fine and such imprisonment.

(11) Every person summoned in terms of subsection (8) shall be entitled to all the privileges to which a witness subpoenaed to give evidence before the High Court is entitled.

(12) Every person whose conduct is the subject of an inquiry in terms of section 91 shall, if such person is present at such inquiry, have the right, by himself or herself or through a legal representative, to answer to any complaint, charge or allegation against him or her and to be heard in his or her defence, and for such purpose –

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(a) to give evidence under oath or affirmation; (b) to call witnesses to testify on his or her behalf; (c) to submit any document, book, record or any other thing relevant to the inquiry; (d) to examine witnesses testifying against him or her.

(13) The chairperson of a committee of the Council, where such committee hold an inquiry under powers assigned or delegated to it by the Council, may appoint a person with adequate experience in the administration of justice to be present as an assessor at such an inquiry and to advise the Council or such committee, as the case may be, on matters of law, procedures or evidence.

(14) For the purpose of the computation of any period referred to in subsection (4) and (6), no Saturday, Sunday or public holiday shall be regarded as a day referred to in those subsections.

93. Penalty for false evidence

Any person who gives false evidence under oath at any inquiry held under this Part, knowing such evidence to be false, shall be guilty of an offence and on conviction be liable to the penalties prescribed by law for the crime of perjury.

94. Penalties to be imposed by the Council

(1) Every person registered under this Act with the Council, who after an inquiry held by the Council, is found guilty of improper conduct or misconduct, shall be liable to any one or more of the following penalties, namely-

(a) a caution or reprimand or a reprimand and caution; or (b) suspension for a specified period from practicing or performing acts specially pertaining to the profession of such person; or (c) removal of the name of such person from the register concerned,

and the Council may lieu of or in addition to any such penalty impose a fine not exceeding N$ 100 000: Provided that, before imposition of any penalty

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such person shall, by himself or herself or through his or her legal representative, be afforded an opportunity of tendering an explanation to the Council in extenuation of the conduct in question.

(2) Any fine imposed under subsection (1) may be recovered and shall be dealt with in the manner prescribed.

(3) The Council shall set out fully and in writing its findings and the penalty imposed (if any), and shall make such findings and penalty known to any other prescribed bodies or persons.

(4) A person who has been found guilty of improper conduct or misconduct shall, whether or not such person was present at the inquiry in question-

(a) in the case of a penalty imposed under subsection (1) (a), be informed of the findings of the Council and penalty concerned by forwarding a copy of such findings and penalty duly signed by the person presiding at the inquiry, by registered letter to such person at his or her address as it appears in the register of the Council; (b) in the case of a penalty imposed under subsection (1) (b) or (c), be informed of the findings of the Council and penalty concerned by the serving mutatis mutandis in accordance with the provisions of this Act, of a copy of such findings and penalty duly signed by the person who presided at the inquiry.

(5) When a person has been found not guilty of improper conduct or misconduct the secretary of the Council shall by registered letter addressed to such person at his or her address as it appears in the register of the Council inform such person of the findings of the Council.

(5) The Council may, if it deems fit and subject to such conditions, if any, as it may determine – (a) terminate any suspension under subsection (1) before expiry of the specified period; or

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(b) on payment of the prescribed fee, restore to the register of the Council any name which has been removed therefrom.

95. Postponement of imposition of penalties and suspension of execution of penalties

(1) When the Council finds a person guilty of improper conducts or misconduct it may-

(a) postpone for such period and on such conditions as may be determined by it, the imposition of the penalty; or (b) impose any penalty mentioned in paragraph (b) or (c) of section 94 (1), but order the execution of such penalty to be suspended for such period and on such conditions as may be determined by it.

(2) If at the end of the period for which the imposition of a penalty has been postponed in terms of subsection (1)(a) the Council is satisfied that the person concerned has observed all the relevant conditions, the Council shall inform such person that no penalty will be imposed upon him or her.

(3) If the execution of a penalty has been suspended in terms of subsection (1)( b) and –

(a) the Council is satisfied that the person concerned has observed all relevant conditions throughout the period of suspension, the Council shall inform such person that such penalty will not be executed; (b) the person concerned fails to observe any of the conditions of suspension, the Council shall put such penalty into operation, unless such person satisfies the Council that the non-observance was due to circumstances beyond his or her control.

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96. Effect of suspension or removal from register

Every person who has been suspended or whose name has been removed from the register concerned in terms of section 86 shall be disqualified from carrying on his or her profession and his or her registration certificates shall be deemed to be cancelled until the period of suspension has expired or until his or her name has been restored to the register by the Council.

97. Cognizance by the Council of conduct of registered persons under certain circumstances

(1) Every registered person who, either before or after registration, has been convicted of any offences by a court of law may be dealt with by the Council in the terms of the provisions of this Part, if the Council is of the opinion that such offences constitutes improper conduct or misconduct, and such person shall be liable upon proof of such conviction, to any one or more of the penalties referred to in section 94: Provided that, before imposition of any penalty, such person shall, by himself or herself or through his or her legal representative, be afforded an opportunity of tendering an explanation to the Council in extenuation of the conduct in question.

(2) When in the course of any proceedings before any court of law it appears to the court that there is prima facie proof of improper conduct or misconduct on the part of a registered person, the court shall direct that a copy of the record of such proceedings or such portion thereof as is material to such conduct, be transmitted to the Council.

98. Appointment of pro forma complainants

(1) If the Council exercises the powers conferred upon it by this Act, it shall appoint any person as pro forma complainant to present the case to the

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Council: Provided that the secretary for the time being or any or member of the Council shall not be so appointed.

(2) The Council may, subject to the provisions of the proviso to subsection (1), appoint any other person to institute proceedings or to continue proceedings if the person appointed under that subsection is for any reason unable to do so.

99. Limitations of liability

The Council or committee thereof or any member of the Council or committee shall not be liable in respect of anything done or omitted in good faith and not attributable to negligence in the exercise of power or the carrying out of a duty or the performance of a function under or by virtue of the provisions of this Part or in respect of anything that may result therefrom.

100. Restriction in, or suspension from, practices of incapable, unfit or incompetent registered persons

(1) When it appears to the Council that any registered person –

(a) has become mentally or physically disabled to such an extent that it would be contrary to the public interest to allow such person to continue to practice; (b) has become unfit to purchase, acquire, keep, use, prescribe, order, supply or possess any weapon and/ or ammunition. (c) has become addicted to any scheduled substance or dependence producing drug,

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the Council shall cause the matter to be investigated and may, if it deems it necessary, conduct an inquiry mutatis mutandis in accordance with the provisions of this Part in respect of such person.

(2) If the Council, after having conducted an inquiry referred to in subsection (1), finds that any of the circumstances contemplated in paragraph (a), (b), or (c) of that subsection exist in respect of such person, the Council may, by order in case of a person in respect of whom may any of the circumstances contemplated in paragraph (a) of subsection (1) exist –

(a) to suspend such person for such period and subject to such conditions as the Council may determine from practicing his or her profession or performing any act specially pertaining to his or her profession; or (b) to the Minister to impose such restriction and conditions as the Council may deem fit, subject to which such person shall be entitled to continue practicing his or her profession.

(3) The Council may at any time withdraw or extend the period of or amend any order made by it under subsection (2).

(4) The provision of section 96 shall apply mutatis mutandis in respect of any person who has been suspended or whose name has been removed from the register concerned by virtue of any provision of subsection (2).

(6) Any person registered under this Act who contravenes or fails to comply with any order made under subsection (2) shall be guilty of an offence and on conviction be liable to a fine not exceeding N$1 000 000 or to imprisonment for a period not exceeding ten year or to both such fine and imprisonment. (7) Any person wishing to appeal any decision of the Council in this section may in accordance with the regulations submit a written appeal to the Minister.

101. Offences relating to registration, registers and impersonation

(1) Any person who –

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(a) procures or attempts to procure for himself or herself or for any other person registration under this Act or any certificate, by means of a false representation, whether verbally or in writing, or aids and abets any person in so doing; or (b) makes or causes to made any unauthorized entry or alteration in or removal from, a register or certified copy thereof or extract therefrom, or on any certificate issued under this Act; or (c) makes or causes to be made a false statement in connection with the identity or qualifications of himself or herself or any other person applying for registration in terms of this Act; or (d) except upon the directions of the Council, willfully renders illegible or damages or destroys or causes to be rendered illegible, or destroyed and entry in a register or a certificate issued under this Act; or (e) forges, or knowing it to be forged utters any document purporting to be a document authorized or issued under this Act; or (f) impersonates any registered person,

shall be guilty of an offence and on conviction be liable to a fine not exceeding N$ 500 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

102. Onus of proof

(1) In any proceedings against any person appearing upon a charge of having performed any act which constitutes an offence under this Act, if performed by a person who is not registered or who is not in possession of any document specified in the charge-sheet, such person shall, until the contrary is proved, be deemed to have been unregistered or not have been in possession of such document at the time of the commission of the alleged offence.

(2) In any proceedings against any person appearing upon a charge of having performed an act which constitutes an offence under this Act, if performed by him or her for gain, accused shall be deemed to have performed by him or her

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for gain, if he or she has accepted any consideration of whatsoever nature in respect of such act.

103. Levying of annual fees on registered persons

(1) The Minister may, upon the recommendation of the Council, by notice in the Official Gazette determine the fees to be paid annually to the Council by all registered persons: Provided that in determining such fees the Minister may differentiate between persons or categories of persons according to whether they have been registered before or after a date specified in the notice.

(3) If any person whose name has been removed from a register in terms of this Act applies for the restoration until such time as the applicant has paid in full all amounts payable by him or her to the Council under this Act.

(4) The Council may exempt any person in part or fully from payment to the Council of any annual fee determined in terms of subsection (1).

PART IX INDIGENOUS PLANTS

104. Powers of the Minister in regard to indigenous plants

(1) The Minister may from time to time amend Schedule 4 by deleting therefrom or adding thereto the name of any species of indigenous plant.

(2) Any such amendment of Schedule 4 shall be made known by notice in the Official Gazette.

(3) The Minister may from time to time exempt any species of indigenous plant in any area determined by it, from any or all of the provisions of this Act.

(4) Whenever the Minister has in terms of subsection (3) exempted any species of indigenous plant from any provision or provisions of this Act, the name of that

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species of indigenous plant, the provision or provisions of this Act from which it has been so exempted, and a definition of the area in which it has been so exempted shall be known by notice in the Official Gazette.

105. Picking and transport of protected plants

(1) No person other than the lawful holder of a permit granted by the Minister shall at any time pick or transport any protected plant: Provided -

(a) the owner of a nursery licensed under section 107 may without such permit pick and transport any protected plant cultivated on the premises of such nursery and cause such protected plant to be picked and transported; (b) the owner or lessee of land may on that land without such permit pick the flower of a protected plant for use as a decoration in his home; (c) the owner or lessee of land may without such permit pick a protected plant on that portion of such land – (i) which he needs for cultivated lands, the erection of a building, the construction of a road or airfield or any other development which necessitates the removal of vegetation; or (ii) on which such protected plant has been specially cultivated.

(2) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 100 000 or to imprisonment of one year or to both such fine and such imprisonment.

106. Sale, donation, export and removal of protected plants

(1) No person other than the lawful holder of a permit granted by the Minister shall sell, donate, export or remove from Namibia, any protected plant: Provided that the owner of a nursery licensed under section 107 may without such

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permit sell, donate and export and remove from Namibia any protected plant cultivated on the premises of such nursery.

(2) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence.

107. Nursery licenses

(1) Any person desiring to obtain a nursery license shall apply therefore in writing to the Minister.

(2) A nursery license –

(a) shall be valid for the period from the first day of April in any year or, if it is issued after that day, from the day of issue, up to and including the thirty-first day of March following that day; (b) may be renewed annually by applying to the Director responsible for wildlife utilization in writing for such renewal not less than six months before the expiry of the period of validity of the license concerned; and (c) shall not be transferable.

108. Receipt of protected plants

(1) Subject to any provisions to the contrary in this Act contained, no person shall purchase a protected plant, or in any manner whatsoever come into possession thereof, or offer to purchase it or to come into possession thereof, except from a person who may lawfully sell it in terms of this Act.

(2) Any person who contravenes or fails to comply with the provisions of subsection (1), shall be guilty of an offence.

109. Picking and transport of indigenous plants

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(1) Subject to any provisions to the contrary in this Act contained, no person shall pick any indigenous plant on land of which he or she is not the owner or lessee, unless he has the written permission thereto from the owner or lessee of the land.

(2) Any person who picks any indigenous plant under a written permission granted in terms of this section, shall at all times have such written permission in his or her possession while he is engaged in picking or transporting such indigenous plant.

(3) The provision of this section shall not apply to the parent, spouse or child of or employee permanently employed by the owner or lessee of land on which indigenous plants are picked.

(4) Any person who contravenes or fails to comply with any provision of this section, shall be guilty of an offence.

110. Collection of indigenous plants for scientific and traditional purposes

(1) Whenever the Minister is satisfied that any indigenous plant is required by a public museum, botanical garden or scientific institution, or that any indigenous is required for scientific purposes or for domestication or acclimatization, he or she may grant a permit to any person authorizing him or her to collect or keep such indigenous plant at the time, place or locality mentioned in such permit, notwithstanding anything to the contrary contained in this Act, but subject to the conditions, requirements and restrictions mentioned in such permit.

(2) On granting any permit referred to in subsection (1) the Minister may also determine the means by which such indigenous plant or any part or derivative derived from such plant, may or shall be disposed of.

(3) Minister may grant authorization for collection and possession of indigenous including their parts and derivatives for traditional purposes

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(b) in the case of a permit concerning any other species, to a fine not exceeding N$ 300 000 or to imprisonment not exceeding three years or to both such fine and such imprisonment.

PART X

HUMAN WILDLIFE CONFLICT MANAGEMENT

111. Application

(1) No provision of this Part X shall be applicable within a Protected Area.

(2) The Minister may at his or her discretion declare that any one or more of the provisions of this Part X is applicable within a Protected Area or any part of a Protected Area.

112. Declaration of a problem-causing animal

(1) The Minister shall at his or her discretion declare any wild animal as a problem-causing animal.

(2) The Minister may authorize a staff member or staff members of the Ministry or, a conservation officer to declare any wild animal a problem-causing animal.

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(3) Whenever any animal is declared and/or destroyed sufficient safeguards to ensure that specific animals are destroyed and reasons shall be provided to the Minister.

(4) The Minister may declare a certain species of wild animal, except for any specially protected or protected animals, as a problem-causing animal for specific period of time, either in a particular area or the whole country in accordance with the Regulations of this Act.

113. Prevention, Protection and Mitigation to avoid human wildlife conflict

(1) The Ministry shall work with relevant stakeholders to develop, implement, test and disseminate the best possible methodologies for preventing or reducing human wildlife conflict.

(2) The Ministry shall ensure that human wildlife conflict management is built into land use planning and the planning and implementation of development schemes, through Environment Impact Assessments in terms of the Environmental Management Act, 2007 (7 of 2007) and through any other measure as the Minister may determine.

(3) The Ministry may provide the means, other than compensation, to directly offset the losses of communities and individual farmers caused to livestock, crops and human death by wild animals.

114. Training of persons for control of problem-causing animals

(1) The Ministry may train a conservation officer or other officer, a member of the conservancy and other persons as may be appropriate in terms of this Act or cause them to be trained to control or hunt problem-causing animals and to use any apparatus or aid which can be applied for or in connection with the hunting and mitigation of problem-causing animals and may for that purpose present any courses or cause any courses to be presented, on such conditions (including the payment of fees) as may be determine by the Minister.

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(2) The Ministry shall issue every person who has completed a course in hunting and controlling of problem-causing animals and the use of any apparatus or aid which can be applied for or in connection with the hunting of problem- causing animals, with a certificate of competency authorizing him or her to do so in accordance with the provisions of this Act.

115. Obstruction of persons in the performance of their duties

(1) Any person who:

(a) hinders, impedes or obstructs a conservation officer, honorary conservation officer, conservancy member or the owner or lessee of land or any other officer or person in the exercise of the powers or the performance of the functions or duties granted to or imposed on him by or in terms of this Part;

(b) injures or destroys a dog, horse or any other animal lawfully used in the course of or in connection with the hunting of problem-causing animals in terms of this Part;

(c) damages, destroys or disfigures any apparatus, device or other property used in the course of or in connection with the hunting of problem-causing animals in terms of this Part; and

(d) is the owner or lessee of land and fails to render any reasonable assistance requested from him by a Conservation Officer or other officer acting in the exercise of any power or the performance of any function or duty in accordance with or in terms of the provisions of this Part. (2) Any person who contravenes or fails to comply with the provisions of subsection (1), shall be guilty of an offence to a fine not exceeding N$ 100 000 or to one year imprisonment or to both such fine and such imprisonment.

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116. Defense of human life and other control measures

(1) Any person may destroy a wild animal, including specially protected game in defense of a human life or to prevent a human being from being injured.

(2) The Minister may delegate to a declared conservancy or the owner or lessee of a farm, authority to destroy a problem-causing animal, including a specially protected species, to prevent the threat of loss of human life or injury of a person, or the threat of destruction of crops, grazing or property and such conservancy or owner or lessee of a farm may:

(a) take action to destroy such wild animal, or, (b) if a professional hunter who is a member of the legal entity or with which the legal entity has a contract is within the area of the conservancy or farm at the time at which such animal is required to be destroyed, enter into an arrangement with that professional hunter for the destruction of the animal concerned.

(3) Any problem causing animal that is destroyed in accordance with subsections (1) and (2) shall be reported to the Ministry within a period of 24 hours and failure to do so shall constitute an offence in terms of this Act.

117. Destruction of problem causing animals

(1) No person shall destroy a problem causing animal in the presence of the public or/and the media without the permission of the Minister.

(2) No person shall distribute pictures of wild animal destroyed as problem causing animals to the media or/and the general public without the permission of the Minister.

(2) Any person who contravenes or fails to comply with the provisions of subsection (1) and (2), shall be guilty of an offence to a fine not exceeding N$ 100 000 or to one year imprisonment or to both such fine and such imprisonment.

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PART XI

TRADE AND RESEARCH IN WILDLIFE AND WILD ANIMAL PRODUCTS

118. Trade in wild animals and plants including their parts and derivatives

(1) Except as specifically provided for in this Act and the Controlled Wildlife Products and Trade Act, (Act 9 of 2008 as amended), no person shall trade in wild animals and plants including their parts and derivatives without the authorization of the Minister and subject to the terms and conditions imposed by the Minister or prescribed in regulations.

(2) Any person wishing to trade in wild animals and plants including their parts and derivatives, or to manufacture trophies, shall apply to the Minister in the prescribed form.

(3) The Minister may by regulation exempt certain wildlife or wild animal products from the application of subsection (1) provided that the Minister is satisfied that the granting of such an exemption is consistent with the purposes of this Act.

(4) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 500 000 or to imprisonment of one year or to both such fine and such imprisonment.

119. Import and export of wild animal Including parts and derivatives

(1) No person shall export from or import into or transport through or re-export from Namibia any live wild animal including parts and derivatives without authorization.

(2) No wildlife should be exported or imported for purposes of captive keeping, unless provided for by the Minister. 142

(3) No endemic wildlife species will be allowed to be exported and near endemic will only be exported within the normal distribution range for conservation purposes.

(4) No wildlife will be exported to areas outside their normal distribution range unless approved by the Minister.

(5) The Minister may place a prohibition on the import into Namibia or the export from Namibia any wild animal including its parts and derivatives impose the conditions which he or she may determine in respect of the import into Namibia or the export from Namibia of any such skin, product or live.

(6) No import of wildlife which pose a risk for conservation, biodiversity, genetic variation, disease will be authorised.

(7) No import will be authorised of wildlife which pose a risk to ecosystems, or conflicting with Protected Areas, management plans or species conservation strategies

(8) The Minister may require that any person who seeks to import a live wild animal into Namibia demonstrate to the satisfaction of the Minister the genetic and/or taxonomic compatibility of the specimen to be imported with forms and populations occurring in Namibia.

(9) The Minister may announce by notice in the Gazette a list of wildlife species, sub-species, populations, ecotypes or categories which may not be exported or imported live from Namibia, and may provide for any other restriction or guidelines applicable to the export of live wildlife from Namibia.

(10) Export of live wildlife for commercial purposes may only be conducted by the Ministry or by a person registered as a wild animal trader in accordance with the provisions of this Act.

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(12) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 2 000 000 or to imprisonment of five years or to both such fine and such imprisonment.

120. Presumption of content

In the case of manufactured goods described in advertising, labelling or packaging to contain parts, derivatives or products of any species subject to Section 118, such manufactured goods shall be deemed to contain such parts, derivatives or products by virtue of advertising, labelling or packaging and shall be subject to all provisions of Section 118.

121. Capturing, harvesting, transport and trade in wildlife

(1) No person, without authorization, may capture, harvest, transport or trade in wildlife.

(2) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 2 000 000 or to imprisonment of five year or to both such fine and such imprisonment.

122. Breeding in captivity

(1) No person, shall be allowed to breed wildlife in captivity unless authorised by the Minister for conservation purposes or birds and plants for trade purposes.

(2) The Minister may publish a list of certain species in the Official Gazette that may not be kept, bred in captivity or propagated.

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(3) The Minister may publish a list of alien species in the Official Gazette that may not be kept, bred in captivity or propagated.

(4) No captive bred animal will be released in the wild, unless it is for conservation purposes.

(5) Any person who contravenes or fails to comply with any provision of subsection (1), (2) or (3) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 500 000 or to imprisonment of one year or to both such fine and such imprisonment.

123. Selective breeding

(1) No person shall conduct wildlife selective breeding of wildlife unless authorised by the Minister.

(2) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 5 000 000 or to imprisonment of three years or to both such fine and such imprisonment.

124. Genetically modified wild animals and wild plants

If the Minister has reason to believe that the release of wild animals and wild plants into the environment may pose a threat to any indigenous species or the environment, no permit for such release may be issued in terms of this Act unless an environmental impact assessment has been conducted in terms of the Environmental Management Act, 2007 (Act 7 of 2007) and the Minister is satisfied with the assessment.

125. Rehabilitation centers

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(1) No person, other than a rehabilitation centre registered as such in accordance with the provisions of this Act may present themselves as such, collect or accept wildlife for the purpose of rehabilitation.

(2) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 500 000 or to imprisonment of one year or to both such fine and such imprisonment.

126. Manufacture and trade in trophies and other wildlife parts and derivatives

(1) No person shall sell or otherwise deal in or manufacture trophies, venison, or any other wildlife part, derivative or product, unless they are registered for this purpose in accordance with the provisions of this Act.

(2) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 500 000 or to imprisonment of one year or to both such fine and such imprisonment.

127. Propagation, cultivation and trade in protected plants

(1) No person other than a person registered as a nursery in accordance with the provisions of this Act may propagate for commercial purposes or trade in protected plants.

(2) Cultivation and trade for commercial purposes of a protected plant species is subject to a permit issued by the Minister.

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(3) No person shall purchase or acquire a protected plant, or offer to purchase or to take possession of a specially protected plant except from a registered nursery or a person in possession of an authorisation to sell such plant.

(4) In any proceedings relating to an alleged contravention of this section, the accused shall bear the burden of proving that the protected plant in question was purchased or acquired from a registered nursery or authorized person.

(5) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 300 000 or to imprisonment of three year or to both such fine and such imprisonment.

128. Alien or invasive species

(1) The Minister may require any owner of land to eradicate or prohibit from being propagated or bred in captivity such species as the Minister may from time to time determine to be alien or invasive by notice in the Gazette.

(2) The Minister may, by notice in the Gazette, publish a list of those alien and invasive plants and animals that must not be propagated or bred, kept, traded, transported.

(3) Control and eradication of a listed alien or invasive species must be carried out by means of methods that are appropriate for species concerned and the environment in which it occurs.

(4) Any action taken to control and eradicate a listed invasive species must be executed with caution and in a manner that may cause the least possible harm to biodiversity and damage to the environment.

(5) The methods employed to control and eradicate a listed alien or invasive species must also be directed at the offspring, propagating material and regrowth of such invasive species in order to prevent such species from

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producing offspring, forming seed, regenerating or re-establishing itself in any manner.

(6) The Minister must ensure the coordination and implementation of programmes for the prevention, control or eradication of invasive species.

(7) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 300 000 or to imprisonment of three year or to both such fine and such imprisonment.

129. Management Planning and conservation strategies for wildlife, habitats and ecosystems

(1) The Ministry is obliged to develop management plans or conservation strategies for threatened, endangered wild species.

(2) Any person, organisation or organ of State desiring to contribute to wildlife management and conservation strategies may submit to the Minister for his or her approval a draft management plan for an ecosystem, or a specific area, habitat or indigenous species.

(2) The Minister must identify a suitable person, organisation or organ of State which is willing to be responsible for the implementation of the management plan, before approval is granted and enter into an agreement with that person, organisation or organ of State.

(3) The Minister must publish by notice in the Gazette a management plan approved in terms of subsection (1) and assign responsibility for the implementation of the plan to the person, organisation or organ of State identified in terms of subsection (2).

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(4) A wildlife, habitat, ecosystem management plan or species conservation strategy, must be aimed at ensuring the long-term survival in nature of the species or ecosystem to which the plan relates.

(5) Before adopting or approving a wildlife, habitat, ecosystem management plan or species conservation strategy or any amendment to such a plan, the Minister may conduct a public consultation.

130. Wildlife Monitoring and Management

(1) The Minister must for purposes of this Section designate monitoring mechanisms and set indicators to determine- (a) the conservation status of various components of Namibian’s wildlife, habitat, ecosystem; and (b) any negative and positive trends affecting the conservation status of the various components.

(2) The Minister may require any person, organisation or organ of state involved in terms of subsection (1) in monitoring the matters referred to in that subsection to report regularly to the Minister on the results of such monitoring measured against the predetermined indicators.

(3) No person shall conduct wildlife monitoring and management on State land without the authorization of the Minister.

(4) Any person who contravenes or fails to comply with any provision of subsection (3) or any condition, requirement or restriction of a permit granted thereunder shall be guilty of an offence and liable on conviction to a fine of N$ 500 000 or to imprisonment of five year or to both such fine and such imprisonment.

131. Wildlife Research

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(1) No person shall carry out research on wildlife and biological resources in Namibia without a research permit. from the Minister

(2) Research on biodiversity conservation may include-

(a) the collection and analysis of information about the biology or conservation status of the various components of biodiversity such as negative and positive trends affecting the conservation status of various components and threatening processes or activities likely to impact on biodiversity conservation;

(b) the assessment of strategies and techniques for biodiversity conservation;

(d) the sustainable use, protection and conservation of indigenous wildlife resources.

(3) No person, except an officer during the exercise of his or her duties, may carry out research on wildlife in Namibia that involves the immobilizing, capture or removal from the wild of an animal or plant or any genetic material from that animal or plant without a permit issued by the Minister.

(4) Research permits may be subject to whatever general or specific terms and conditions the Minister considers necessary or appropriate.

(5) No specimen may be exported from Namibia for research purposes without a valid export permit.

(6) Where research or collections are aimed at the acquisition of samples of genetic resource components for the purpose of scientific research, technological development, or bioprospecting, with a view to its industrial or other application, the proponent(s) of such research or collection shall clearly indicate and declare such intent in their application for a research permit. Failure to disclose such intent shall be an offence punishable by a fine not 150

exceeding N$100 000 or imprisonment for a period not exceeding 5 years or to both such fine and such period of imprisonment.

(7) A research or collection permit may be withdrawn by the Minister if:

(a) the proponent has given false information; (b) the research or collections are not in the best interest of biodiversity conservation; (c) the researcher or collector violates the conditions spelled out on the permit; (d) the researchers uses the research or collection permit as a cover to do unauthorized activities; (e) the Minister so decides in the National interest.

(8) No person shall give a name used for humans to wildlife or wild animal which he or she is researching on.

(9) Any person who fails to comply with the provisions of this section shall be guilty of an offence.

(10) No person shall attach a tracking device to any wild animal for the purposes of conducting a research, monitoring, tourism or management purpose without the written authorization by the Minister.

PART XII

COMPLIANCE AND ENFORCEMENT

132. Compliance order

(1) If the Minister or any person authorized by the Minister has reason to believe that any condition attached to an authorization issued under this Act has been breached, the Minister or any person authorized by the Minister shall serve a 151

compliance order on the person to whom the authorization was granted requiring that person to remedy the breach within a reasonable period stipulated in the order.

(2) The compliance order may: (a) suspend the permit or registration with immediate effect if the Minister or any person authorized by the Minister considers this necessary to prevent or mitigate an imminent risk of significant adverse effects occurring; and (b) require the registration or permit holder to take specified measures to prevent or mitigate any adverse effect.

(3) If the registration or permit holder fails to comply with the compliance order the Minister may:

(a) take the necessary steps to remedy the breach and recover the cost from the registration or permit holder in accordance with this Act; (b) alter the conditions of the registration or permit; and/or (c) revoke the registration or permit.

(4) Any person to whom a compliance order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, the person must comply with the order immediately.

(5) Any person who fails to comply with the provisions of this section shall be guilty of an offence and liable on conviction to a fine as prescribed in the regulations.

(6) Any person to whom a compliance order has been served may appeal to the Minister in accordance with section 138.

133. Cost orders

(1) If any person fails to comply with a requirement in a compliance order, licence, registration, permit or approval issued under this Act, the Minister may cause

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the required measures to be taken and may issue a cost order requiring that person to reimburse the Ministry for the cost of taking the measures.

(2) Any person to whom a cost order has been issued may, within 20 days of the order being served, appeal to the Minister in accordance with section 138.

(3) If no application for an appeal against the cost order is made within the period mentioned in subsection (2), the cost order may be enforced as if it were an order of court.

134. Offences

(1) It is an offence for any person to:

(a) intentionally obstruct the Minister, any staff member acting in an official capacity or a conservation officer in the exercise or performance of powers or duties under this Act; (b) intentionally or negligently make a statement that is false or misleading; (c) intentionally make a false entry in any record or document required to be kept or completed under this Act; (d) falsely hold him or herself out to be a conservation officer or honorary conservation officer; (e) contravene this Act or breach the conditions of a licence, registration, approval or order issued or made under this Act.

135. Continuing offences

(1) Except as otherwise specified in this Act or the regulations, every person who is convicted of an offence that is of a continuing nature, shall in addition to the penalty prescribed for the offence, be liable upon conviction to a further fine for each day or part of a day on which the offence continues, which: (a) in the case of an individual the fine, shall not exceed N$ 5 000 per day on a first conviction, and not more than N$ 10 000 per day on each subsequent conviction; and

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(b) in the case of a legal person the fine, shall not exceed N$ 10 000 per day on a first conviction, and not more than N$ 20 000 per day on each subsequent conviction.

136. Forfeiture and other orders

(1) Whenever any person is convicted of an offence in terms of this Act- (a) the court convicting such person shall, subject to the provisions of this Act, declare any wild animal or wild plant, including their parts and derivatives, which are found in the possession of such person and which was used for the purpose of or in connection with the commission of such offence or in respect of which such offence has been committed, to be forfeited to the State; (b) the Court convicting such person shall issue an order directing any permission issued in terms of this Act to the person so convicted to be withdrawn and cancelled; (c) the court convicting such person may, subject to the provisions of this Act, declare any weapon or ammunition, lamp, battery, fishing tackle, vehicle, device or article referred to in restrictions to fire arms, wild animal or any other article or object which was used for the purpose of or in connection with the commission of such offence to be forfeited to the State; (d) the court convicting such person may, subject to the provisions of this Act, declare any vehicle, vessel, raft, or aircraft used for the purpose of or in connection with the commission of such offence or for the purpose of conveying or removing wild animals hunting or capturing contrary to the provisions of this Act, to be forfeited to the State.

(2) Any forfeiture in terms of the provisions of subsection (1) (c) or (d) shall, notwithstanding anything to the contrary contained in any law, be ordered by the court irrespective of any rights which any person other than the convicted person has in respect of the forfeited weapon, ammunition, lamp, battery, fishing tackle, device or article wild animal or any other article or object, vehicle, vessel, raft or aircraft.

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(3) A forfeiture or an order in terms of the provisions of subsection (1) shall be made or given in addition to any penalty, forfeiture or order that shall or may be imposed, made or given by the court in terms of this Ordinance.

(4) Any weapon which is an armament referred to in section 32(1) of the Arms and Ammunition act 1969, (Act 75 of 1969), declared forfeited in terms of section 126 shall be delivered to the Police to be disposed of or to be used for the implementation of this Act.

(5) Anything forfeited in terms of the provisions of this section may be disposed of by the Minister and the proceeds obtained therefrom shall be used in the implementation of this Act.

137. Infringement Notices

(1) A conservation officer who has reason to believe that a person has committed an offence may, at or about the time that the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

(2) An infringement notice shall be in the prescribed form and shall in every case: (a) contain a description of the alleged offence; (b) state that if the alleged offender does not wish to be charged and tried by a competent court, the alleged offender must pay the fine specified in the notice, which may be paid either: (i) to the conservation officer identified in the notice within 30 days after the giving of the notice; or (ii) in the case of an offence in respect of which a fine is prescribed, to the conservation officer who imposed the fine. (c) an authorized officer may, in a particular case, extend the period of 30 days for payment of the fine and may do so whether or not that period has elapsed.

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(3) Any person who receives payment of a fine under this section, including a fine, shall give an official receipt for the money to the person who makes the payment.

(4) If an infringement notice is withdrawn after payment of the fine, the amount shall be refunded.

(5) If the notice is not withdrawn and the fine specified in the infringement notice is paid within 30 days or such further time as is allowed, then the alleged offender may not be prosecuted for the offence.

(6) The Minister may appoint any public officer other than a conservation officer to be an authorized person for the purposes of this section.

138. Appeals to the Minister

(1) Any person aggrieved by a decision made in terms of this Act may appeal to the Minister against that decision.

(2) An appeal made under subsection (1), must be recorded in writing and must be dealt with in the prescribed form and manner.

(3) The Minister may consider and determine the appeal or may appoint an appeal panel consisting of persons who have knowledge of, and are experienced, in conservation matters to advise the Minister on the appeal.

(4) The Minister must consider the appeal made under subsection (1), and may confirm, set aside or vary the order or the decision or make any other appropriate order including an order that the prescribed fee paid by the appellant, or any part thereof, be refunded.

(5) Any expenditure resulting from the performance of duties by the appeal panel in terms of subsection (3) must be paid from the State Revenue Fund from moneys appropriated by Parliament for that purpose.

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(6) An appeal made under subsection (1) does not suspend the operation or execution of the decision pending the decision of the Minister, unless the Minister, on the application of a party, directs otherwise.

PART XIII

GENERAL PROVISIONS

139. Repeal and amendment of laws

(1) With effect from the date this Act comes into force, but subject to the provisions of subsections (2) and (3), the laws listed in Schedule 1 are repealed to the extent set in the third column of the Schedule.

(2) Regulations made pursuant to the laws listed in Schedule 1 remain in force unless amended or revoked by another regulation or Act.

(3) Licences and permits issued under, and other rights, privileges, duties, obligations and liabilities acquired pursuant to, the laws referred to in that subsection, remain in force unless specifically abrogated, rescinded, revoked, repealed, suspended or otherwise changed pursuant to another Act, regulation or legal rule; but shall have no effect on the rights, privileges, duties, obligations and liabilities created in this Act, except as specified in this Act.

140. Immunity and limitations of liability

(1) No person shall be held liable in any civil, criminal or other proceedings in respect of any act done or not done in good faith in the exercise or purported exercise of functions under this Act.

(2) The Minister and any person to whom he or she has delegated authority under this Act, and/or the officers and employees of the Ministry, shall not be liable for any damage or loss caused by any wildlife, unless the damage or loss is attributable to any negligent or intentional act or omission of the Minister, or any of the officers or employees of the Ministry.

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141. Codes of practice

(1) The Minister may, by notice in the Official Gazette, issue codes of practice for the purposes of this Act, or adopt a code of practice prepared by another body, and may amend or revoke them in the same manner.

(2) The Minister shall cause any code issued or revised under this section to be printed and distributed, including making copies of it available for sale to the public and available for inspection at the head office of the Ministry.

142. International agreements

(1) The Government shall exercise and give effect to Namibia’s sovereignty over its natural resources, including its genetic resources, and to its powers and rights to manage the living and non-living natural resources within its territory and in areas over which it exercises rights of sovereignty, to the fullest extent permitted under international law.

(2) The Government shall co-operate with other Governments and with domestic and international organizations in order to protect the regional and global environment.

(3) After signing an international agreement designed to protect biodiversity, habitat and ecosystems, the Minister shall as soon as is practicable:

(a) cause the agreement to be ratified; (b) present any necessary bills to Parliament for passage and assent to be made into law; and (c) take appropriate measures to give effect to the agreement, including making regulations.

143. Regulations

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(1) The Minister may make regulations relating to -

(a) any matter that may or must be prescribed in terms of this Act; (b) conferring additional powers or assigning additional duties to any authorized persons in accordance with this Act ; (c) general regulations applicable to all protected areas; (d) specific regulations relating to certain protected areas; (e) declaration of special conditions applicable to any protected area; (f) biodiversity management and conservation in protected areas; (g) the use of natural resources in protected areas; (h) access to protected areas; (i) tourism in protected areas where tourism is allowed; (j) the use of land and water in protected areas; (k) community based natural resource management and utilization; (l) prohibiting or restricting – (i) activities that have an adverse effect in protected areas; (ii) the use of natural resources in protected areas; (iii) land uses in protected areas that are harmful to the environment; (m) providing for the establishment of advisory committees for certain protected areas, the appointment of members and their role; (n) establishment, management and coordination of conservancies; (o) principles, objectives and management of concessions; (p) permit conditions for access, capture, transport, keep, artificial propagation, breeding, use and dealing with protected species, specially protected species and huntable species; (q) Professional Council for Conservation Hunting; (r) wild plants; (s) human wildlife conflict management; (t) trade and research in wildlife and wildlife products; (u) selective breeding, colour variants, hormone treatments and feeding; (v) setting norms and standards for proper performance of any function contemplated in this Act, and the monitoring and enforcing of such norms and standards; (w) all permit and registration application forms under this Act; 159

(x) the form and content of a register, record or any other document required to be kept under this Act; (y) fees payable for any application made in terms of this Act and the manner of payment of fees; (z) fees payable for request for records and other information kept in terms of this Act; (aa) the manner of applying for concessions; (bb) the administration of concessions; (cc) the duration of concessions; (dd) environmental protection conditions for concessions; (ee) the process to award concessions on a competitive basis, taking into account the factors that the Minister may determine to ensure fairness in the granting of concessions under this section; (ff) the conditions under which a concession agreement may be terminated; (gg) market related fees payable by concession holders; (hh) import and export of species; (ii) management of contractual parks; and (jj) any other matter which is necessary or expedient to prescribe for the proper implementation of administration of this Act.

(2) A regulation made under subsection (1) may prescribe a penalty for any contravention of, or failure to comply with any provision thereof, not exceeding a fine of N$500 000 or imprisonment for a period not exceeding 5 years or to both such fine and such imprisonment.

144. Delegation

(1) The Minister may in writing delegate any power conferred upon him or her by or under this Act, except the powers to make regulations and to hear reviews, to

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any officer in the Ministry or to any officer of the Ministry or any honorary conservation officer or a conservancy member.

(2) The Minister may at any time revoke any delegation made under subsection (1).

145. Short title and commencement

This Act may be cited as the Protected Areas and Wildlife Management Act, 2017 (# of 2017), and shall come into force on the date or dates appointed by the Minister by notice in the Gazette.

SCHEDULE 1 Repeal of laws

Number and year of Short title Extent of Repeal

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law Ordinance 4 of 1975 Nature Conservation Ordinance The whole Ordinance 4 of 1977 Nature Conservation Ordinance The whole Act 16 of 1980 Nature Conservation Amendment Act The whole Act 27 of 1986 Nature Conservation Amendment Act The whole Act 6 of 1988 Nature Conservation Amendment Act The whole Act 31 of 1990 Nature Conservation Amendment Act The whole Act 5 of 1996 Nature Conserva tion Amendment Act The whole

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SCHEDULE 2 Categories of Protected Areas

Category Typical Management Objectives Selection Criteria National park ▪ To protect natural and scenic ▪ The area should contain a areas of national and representative sample of major international significance for natural regions, features or spiritual, scientific, educational, scenery, where plant and animal recreational or tourist purposes; species, habitats and ▪ To perpetuate, in as natural state geomorphological sites are of as possible, representative special spiritual, scientific, examples of physiographic educational, recreational and regions, biotic communities, tourist significance. genetic resources, and species ▪ The area should be large to provide ecological stability and enough to contain one or more diversity; viable ecosystems not materially ▪ To manage visitor use for altered by current human inspirational, educational, occupation or exploitation. cultural, and recreational purposes at a level which will maintain the area in a natural or near natural state; ▪ To eliminate and thereafter prevent exploitation or occupation conflicting with the purposes of designation; ▪ To maintain respect for the ecological, geomorphologic, sacred or aesthetic attributes which warranted designation; and ▪ To take into account the needs of indigenous people, including subsistence resource use, in so far as these will not adversely affect the other objectives of management. Nature ▪ To secure and maintain the ▪ The area should play an reserve habitat conditions necessary to important role in the protection of protect significant species, nature and the survival of groups of species, biotic species (incorporating, as communities or physical features appropriate, breeding areas, of the environment where these wetlands, estuaries, grasslands, require specific human forests or spawning areas, manipulation for optimum including marine feedings beds.

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Category Typical Management Objectives Selection Criteria management; ▪ The area should be one where ▪ To facilitate scientific research the protection of the habitat is and environmental monitoring as essential to the well-being of primary activities associated with nationally or locally important sustainable resource flora, or to resident or migratory management; fauna. ▪ To develop limited areas for ▪ Conservation of these habitats public education and and species should depend upon appreciation of the active intervention by the characteristics of the habitats management authority, if concerned and of the work of necessary through habitat wildlife management; manipulation. ▪ To eliminate and thereafter prevent exploitation or occupation inimical to the purposes of designation; ▪ To provide opportunities for recreational activities consistent with the conservation objectives of the area; and ▪ To deliver such benefits to people living within the designated area as are consistent with the other objectives of management. Site of ▪ To protect or preserve in ▪ The Site should contain one or Special perpetuity a particular site which more features of outstanding Conservation contains one or more specific significance (natural features or Scientific natural features or species which such as caves, craters, fossil Importance are of outstanding or unique beds, unique or representative value because of their inherent fauna or flora and in particular rarity, representative of aesthetic endemic species) qualities; ▪ The site should be large enough ▪ To an extent consistent with the to protect the integrity of the foregoing objective, to provide feature and its immediately opportunities for research, related surroundings, but might education, interpretation and cover only a relative small area public appreciation such as one or two square ha. ▪ To eliminate and thereafter prevent any exploitation or occupation inimical to the purpose of designation; ▪ If the land is not owned by the State, to provide land holders with appropriate incentives to

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Category Typical Management Objectives Selection Criteria maintain the conservation status of the Site Protected ▪ To maintain the harmonious ▪ The area should possess a landscape interaction of nature and culture landscape and/or coastal and through the protection of island seascape of high scenic landscape and/or seascape and quality, with diverse associated the continuation of traditional habitats, flora and fauna along land uses, building practices and with manifestations of unique or social and cultural traditional land-use patterns and manifestations; social organisations as ▪ To support lifestyles and evidenced in human settlement economic activities which are in and local customs, livelihoods, harmony with nature and the and beliefs. preservation of the social and ▪ The area should provide cultural fabric of the communities opportunities for public concerned; enjoyment through recreation ▪ To maintain the diversity of and tourism within its normal landscape and habitat, and of lifestyle and economic activities. associated species and ecosystems; ▪ To eliminate where necessary, and thereafter prevent, land uses and activities which are inappropriate in scale and/or character; ▪ To provide opportunities for public enjoyment through recreation and tourism appropriate in type and scale to the essential qualities of the area; ▪ To encourage scientific and educational activities which will contribute to the long term well- being of resident populations and to the development of public support for the environmental protection of such areas; and ▪ To bring benefits to, and to contribute to the welfare of, the local community through the provision of natural products (such as forest and fisheries products and services (such as clean water or income derived

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Category Typical Management Objectives Selection Criteria from sustainable forms of tourism.

SCHEDULE 3 Classification or re-classification of protected areas proclaimed before the promulgation of this Act

NATIONAL PARKS FORMER DESIGNATION Etosha National Park Etosha National Park Skeleton Coast National Park Skeleton Coast Park Namib-Naukluft National Park Namib-Naukluft Park Waterberg National Park Waterberg Plateau Park Nkasa Rupara National Park Mamili National Park (Nkasa Lupala) Mudumu National Park Mudumu National Park Fish River National Park Ai-Ais Hot Springs Park Khaudum National Park Khaudum National Park Bwabwata National Park Bwabwata National Park Tsau//Khaeb National Park Tsau//Khaeb (Sperrgebiet) National Mangetti National Park Mangetti National Park Dorob National Park Dorob National Park Hardap National Park Hardap Game Park Khomas Hochland National Park Daan Viljoen Game Park Naute National Park Naute Recreation Resort

NATURE RESERVES Okahandja Nature Reserve Von Bach Recreation Resort Cape Cross Nature Reserve Cape Cross Seal Reserve Popa Falls Nature Reserve Popa Falls Game Park Gross Barmen Nature Reserve Gross Barmen Recreation Resort Windhoek Nature Reserve South West Africa Nature Reserve

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