Uganda Wildlife Bill 2017.Pdf
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PARLIAMENT LIBRARY PO. BOX 7178. KAMPAL A BILLS ,: SUPPLEMENT No.7 * l.t- * 8th June, 2017. iSUPPLEMENT A#KLI ' to the Uganda iazetle No. 3'3"' v;i;;; c *:' i ;; ; a' bi i' i u, 20t7. CALL NO f Printed by 1 I Bill No. 11 Uganda Wildlife Bill 2017 a THE UGANDA WILDLIFE BILL,\OI7 MEMORANDUM l. The object of this Bill is to provide for the conservation and sustainable management of wildlife; to strengthen wildlife conservation and management; to continue the Uganda Wildlife Authority; to streamline roles and responsibilities for institutions involved in wildlife conservation and management; and for other related matters. 2. Policy and principles The policy behind this Bill is to strengthen the legal framework for wildlife conservation and management in Uganda. The Bill seeks- (a) to re-align the Uganda Wildlife Act Cap. 200 with the Uganda Wildlife Policy, 2074, the Oil and Gas policy and laws, the Land use policy and law, the National Environment Act, the Uganda Wildlife Education Centre Act, the Uganda Wildlife Research and Training Institute Act and all other laws of Uganda and developments which came into force after the enactment of the Uganda I Wildlife Act in 1996: (b) to provide for compensation of loss occasioned by wild t animals escaping from wildlife protected areas; (c) to provide for effective management of problem animals and vermin by the Uganda Wildlife Authority, the Local Governments and Communities surrounding wildlife protected areas; (d) to clearly define and streamline roles and responsibilities of the Ministry responsible for wildlife, statutory bodies, other relevant Government Ministries and the Local Government; (e) to provide for clarification of the extent of liability of the I Uganda Wildlife Authority in regard to wildlife induced damage and conservation area land ownership; (0 to review all offences and penalties relating to crimes a against wildlife to make them effectively deterrent; (g) to enhance effective community and local governments participation in the management of wildlife through rationalization of use of revenue sharing grants and other resource access programs and establishment of protected area community wildlife committees; (h) to provide for sustainable utilization of wildlife as a form of land use and livelihood enhancement with a focus on wildlife outside Protected areas; (i) to provide for the creation of Wildlife Conservancies where private land owners wish to be supported to enhance the conservation and management of wildlife on private land; 0) to provide for special protection of wildlife species important for conservation and national development; (k) to provide for effective control of national and international trade in wildlife to curb rising cases of poaching and associated illicit wildlife trade; (l) to establish wildlife community committees comprised of , Local Governments, Uganda Wildlife Authority and civil society to improve and harmonize working relations between protected area managers and local communities at a local level; (m) to provide for an effective mechanism for management of wildlife outside Protected areas; (n) to provide for an effective mechanism for operationalization of the Wildlife Fund established under the wildlife Act Cap 200; and (o) to repeal and replace the Uganda Wildlife Act Cap 200. a 3. Defects in the existing law I (a) The penalties in the Uganda Wildlife Act Cap 200 have lost value since 1996 and are not deterrent enough to check the escalating levels of poaching and wildlife trafficking. (b) The Uganda Wildlife Act Cap 200 does not provide for compensation for loss of life and property arising from wildlife escaping from protected areas (c) The roles and responsibilities of the Ministry responsible for wildlife, statutory bodies, other relevant Government Ministries and the Local Governments are not clearly defined in the Uganda Wildlife Act Cap 200. (d) The extent of liability of the Uganda Wildlife Authority in regard to wildlife induced damage and conservation area land ownership are not well defined in the current Uganda Wildlife Act Cap 200. (e) Community and local government's participation in the management of wildlife through rationalization of use of revenue sharing grants and other resource access programs and establishment of protected area community Vildlife committees are not covered by the current law. a (0 The current Act does not adequately provide for effective control of national and international trade in wildlife to curb rising cases of poaching and associated illicit wildlife trade. (g) The current Uganda Wildlif'e Act Cap 200 does not provide a framework through which the Local Governments and Local Communities participate in the management of the Protected Areas. ) (h) The current Wildlife Act Cap 200 is not in harmony with Uganda Wildlife Policy, 2014, the Oil and Gas Policy and laws, the Land use policy and law, the National Environment Act, the Uganda Wildlife Education Centre Act, the Uganda Wildlife Research and Training Institute Act and all other laws of Uganda and developments which came after enactment of the Uganda Wildlife Act in 1996' 4. Remedies proposed to deal with defects in the existing law, (a) Provide for compensation of loss occasioned by wild animals escaping from wildlife protected areas. (b) Clearly define and streamline roles and responsibilities of the Ministry responsible for wildlif'e, statutory bodies, other relevant Government Ministries and the Local Government. (c) Provide for clarification of extent of liability of the Uganda Wildlife Authority in regard to wildlife induced damage and conservation area land ownership. (d) Revise all offences and penalties relating to crimes against wildlife to make them effectively deterrent' (e) Establish protected area community wildlife committees to strengthen collaborative management of wildlife protected afeas. (0 Create through annexing the list of protected species special protection of wildlife species important for conservation and national development. (g) Provide through domestication of the Convention on International Trade in Endangered Species and through enhanced penalties that are now more deterrent, effective control of national and international trade in wildlife to curb rising cases of poaching and associated illicit wildlife trade. (h) This Bill has been harmonized with Uganda Wildlife Policy, 2014, the Oil and Gas Policy and laws, the Land Use Policy and Law, the National Environment Act, Cap 153, the Uganda Wildlife Education Centre Act, the Uganda Wildlife Research and Training Institute Act and all other laws of Uganda and developments which came after enactment of the Uganda Wildlife Act in 1996. 5. Necessity for introduction of the Bill The Bill is therefore being introduced to repeal and replace the Uganda Wildlife Act Cap 200 in order to consolidate and strengthen the law to guide conservation and management of wildlife in Uganda. 6. Provisions of the Bill The Bill has twelve parts and 4 schedules. 7. PART l-Preliminary This Part comprises clauses 1,2 and,3 which deal with Interpretation of key words used in the Bill, Purpose of the Act and Ownership of wildlife in Uganda. 8. PART ll-Institutional arrangements Part II comprises clauses 4-20 and deals with the role of the Ministry, continuation of establishment of the Authority, functions of the Authority, delegation and coordination of functions and duties, the Board of Trustees of the Authority, functions and composition of the Board, tenure and remuneration of the Board, termination of appointment of Board members, filling of vacancies on the Board, committees of the Board, meetings of the Board, the Executive Director and other staff of the Authority, honorary wildlife officers and community wildlife committees. 9. PART Ill-General management measures This Part comprises clauses 2l-24 rvhich deal with management plans, commercial arrangements to manage conservation areas, environmental impact assessment and environmental audit and monitoring. T 10. PART lV-Wildlife conservation areas Clauses 25-33 and provides procedure for the declaration of wildlife conservation area, description of wildlife conservation area, purpose of wildlife conservation area, temporary management measures, general offences in wildlife conservation areas, entering wildlife protected area without permission, use of wildlife resources, historic rights of individuals in conservation areas and regulations governing wildlife conservation areas. 11. PART V-Protected species. This Part provides for declaration of protected species in clause 34. 12. PART Vl-Wildlife use rights This Part comprises clauses 35- 50 and deals with types, application and granting process, management and regulation of wildlife use rights. 13. PART Vll-Professional hunters and trappers Part VII comprises clauses 5l- 53 and deals with licensing and regulation of professional hunters and trappers. L4. PART Vlll-Management of problem animals This Part comprises clauses 54- 6I and deals with declaration and hunting of vermin attempted killing or killing a wild animal, ownership of a carcass, report of damage by a wild animal, accidental killing of a wild animal and management of wounded dangerous animal. t 15. PART IX-International trade in species and specimens Clauses 62- 63 and deal with import, export or re-expofi, transit and other wildlife trade licensing requirements. 16. PART X-The Wildlife Fund. Clauses 64- 69 deal primarily with continuation of the Wildlife Fund the established under Uganda Wildlife Act Cap