ZMB- GB - ECOTOURISM DEVELOPMENT
NON-CONSUMPTION USE
Zambia / Non-consumption use
WILDLIFE CONSERVATION (ECOTOURISM)
ECOTOURISM DEVELOPMENT
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2; Interpreations- "tourism block concession ” means an authority, given by the Committee for a specific period of time, to conduct non consumptive tourism within a tourism bloc
5; The Department, j) in partnership with local communities, grant hunting concessions to hunting outfitters and non-consumptive tourism operators in Game Management Areas; (p) regulate trophy hunting operations and non-consumptive tourism operations in Game Management Areas; (q) grant and regulate tourism block concessions in tourism blocks;
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24. (1) A person shall not operate a tourism enterprise without registering the business as a tourism enterprise in accordance with the Companies Act, the Registration of Business Names Act, 2011 or any other relevant written law.
(2) A registered tourism enterprise shall not offer tourism related services, tour or travel services except under, and in accordance with, a licence issued by the Board.
(3) A registered tourism enterprise shall commence business as a tourism enterprise within the period specified in the licence.
(4) The Board may, in accordance with section forty, suspend or revoke the licence of a registered tourism enterprise which fails to commence business as specified in subsection (3).
37(1) A registered tourism enterprise that qualifies as a micro or small tourism enterprise shall register with the Board.
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2;INTERPRETATIONS- "eco-tourism ” as responsible travel to natural areas that conserves the environment and improves the wellbeing of the local people.
Section 5. (1) provides that the Minister shall, in collaboration with relevant regulatory agencies and other authorities, ensure that Zambia becomes a regional transport, trade and tourism hub through improved transport, infrastructure and related services such as health, immigration, safety, security and customs.(d) facilitate the development of tourism and tourism-related
Tourism priority areas, protected areas and designated areas for rural and urban tourism development
infrastructure to, and in, tourism priority areas;
(e) facilitate the expansion of civil aviation air freedoms and civil airport marketing to increase flights and civil aviation competition towards establishing Zambian civil airports as major domestic, regional and international aviation and travel hubs;
(f) encourage the development of all weather access roads to tourist destinations, national parks and protected areas;
(g) promote international and domestic air connectivity;
(h) encourage the development of maritime transport;
(i) encourage enhanced passenger rail transport;
(j) coordinate with transportation authorities and airlines on improving air access through Zambian airports;
(k) facilitate the reduction of aviation-related fees and taxes to levels that are comparable and competitive with neighbouring countries;
(l) facilitate private sector owned and operated airports, roads, energy providers, educational and medical facilities in selected priority areas;
(m) stimulate private sector engagement to maximise benefits and minimise negative impacts of road development in protected areas from planning to implementation;
(n) pursue road and bridge improvements that positively impact access to tourism attractions; and
(o) coordinate tourism-related infrastructure development activities among Ministries.
Section 44 provides that the Board shall classify and grade accommodation establishments in accordance with such minimum standards as the Minister may prescribe by statutory instrument.
(2) The Ministry responsible for tourism shall, for the purposes of subsection (1), in collaboration and liaison with relevant regulatory agencies and other authorities—
(a) mobilise resources for the development of tourism and the tourism industry;
(b) encourage and facilitate the development of amenities and facilities designed to attract tourists to Zambia;
(c) promote physical planning in the development of tourism infrastructure;
33. (1) The functions of a Community resource board are to promote and develop an integrated approach to the management of human and natural resources in a Community Partnership Park, Game Management Area or an open area falling under its jurisdiction (2) Without prejudice to the generality of subsection (1), a board may — (a) negotiate, in conjunction with the Department, comanagement agreements with hunting outfitters and photographic tour operators
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Section 23 (1); Subject to this Act, the Agency shall operate a single licensing system for the tourism industry in accordance with the Business Regulatory Act, 2014. (2) Where a permit is obtained in accordance with the procedures specified under the Business Regulatory Act, 2014, the Agency shall endorse on the licence or certificate— (a) the name of the permit; (b) the nature and scope of the activity authorised under the permit; (c) the conditions attached to the permit; and (d) any other relevant information that the regulatory agency may request to be so endorsed.
45. (1) The Committee may, upon application made to the Committee in the prescribed manner and form, and upon payment of the prescribed fee, by a person who ordinarily resides in Zambia and who complies with the prescribed qualifying conditions, issue to that person a professional guide’s permit. (2) Subject to the other provisions of this Act and to the terms and conditions prescribed for the professional guide’s permit, a professional guide’s permit shall be in the prescribed form and shall authorise the holder of the permit to— (a) conduct or offer to conduct for reward, a photographic or viewing safari; and (b) take out clients for game drives and walks as may be specified in the permit
46. (1) The Committee may, upon application made to the Committee, in the prescribed manner and form and upon payment of the prescribed fee, by a person holding a tourism enterprise licence, issue to that person a photographic tour operator’s permit. (2) Subject to the other provisions of this Act and to the terms and conditions prescribed for a photographic tour operator’s permit, a photographic tour operator’s permit shall be in the prescribed form and shall authorise the holder to carry on business as a photographic tour operator.
47. (1) The Committee may, upon application made by a person to the Committee in the prescribed manner and form and upon payment of the prescribed fee, issue a commercial photographic permit to that person. (2) Subject to the other provisions of this Act and to the terms and conditions prescribed for a commercial photographic permit, the commercial photographic permit shall authorise the holder to make paintings or take films or video for commercial purposes in a National Park or Community Partnership Park
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2(2); A licensee shall pay the fee in respect of a non-resident hunting license as specified in the Second Schedule
8(3); The licensee shall, in respect of the license, be subject to conditions specified in the license and shall pay the fees specified in the Second Schedule
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24. (1) A person shall not operate a tourism enterprise without registering the business as a tourism enterprise in accordance with the Companies Act, the Registration of Business Names Act, 2011 or any other relevant written law.
(2) A registered tourism enterprise shall not offer tourism related services, tour or travel services except under, and in accordance with, a licence issued by the Board.
(3) A registered tourism enterprise shall commence business as a tourism enterprise within the period specified in the licence.
(4) The Board may, in accordance with section forty, suspend or revoke the licence of a registered tourism enterprise which fails to commence business as specified in subsection (3). (5) A person who contravenes subsection (1) or (2) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units.
25. The Board shall grant a licence in respect of an accommodation establishment if—
(a) it determines that the premises in respect of which the application is made are structurally adapted for use as an accommodation establishment and comply with the Urban and Regional Planning Act, 2015 and any standards for construction of such premises as may be specified under any other law;
(b) proper provision has been made for a water and sanitation system for the accommodation establishment;
(c) proper provision has been made for the preservation, storage, preparation, cooking and serving of food in or by the accommodation establishment;
(d) the applicant meets the prescribed minimum standards for the category of operation of the tourism enterprise, as may be prescribed;
(e) the premises in respect of which the application is made complies with the Public Health Act; and
(f) the applicant meets the requirements relating to the welfare and safety of guests as provided under this Act.
49. (1) The Committee may refuse to issue a licence or permit under this Part if
(e) the applicant for a photographic tour operator’s permit or a hunting concession, is not the holder of a tourism enterprise licence;
50. A licensee or permit holder shall display the licence or permit issued in accordance with this Act, or a certified copy of the licence or permit, in a conspicuous place at the principal place of business and at every subsidiary premises where the licensee or permit holder carries out business.
51. (1) Except as is otherwise provided by this Act, a licence or permit issued under this Part shall be used solely by the licensee or permit holder and is not transferable to another person. (2) A person who transfers a licence or permit issued to that person or accepts the transfer of a licence or permit from any person commits an offence.
52. (1) A licensee or permit holder may, at any time during the validity of the licence or permit, if there are any changes to the licensee’s or permit holder’s business operations, apply to the Committee for the amendment or variation of the terms and conditions of the licence or permit. (2) The Committee may approve the amendment of a licence or permit to accommodate any variations requested by the licensee or permit holder and approved by the Committee. (3) The Committee shall endorse and date any variation, approved in accordance with subsection (2), on the licence or permit.
53. (1) Where a licensee or permit holder decides not to continue operating the licensed or permitted business or activity, the licensee or permit holder shall notify the Committee, in writing, and surrender the licence or permit to the Committee. (2) Where a licence or permit is surrendered in accordance with subsection (1), the Committee shall cancel the licence or permit subject to such conditions as it may impose with respect to the winding up of the licenced or permitted business or activity.
54. (1) Subject to subsection (2), the Committee may suspend or revoke a licence or permit if the licensee or permit holder— (a) obtained the licence or permit on the basis of fraud, negligence or misrepresentation; (b) assigns, cedes or otherwise transfers the licence without the prior approval of the Committee; (c) fails to comply with any term or condition of the licence or permit; or (d) operates the licensed or permitted business activity in contravention of this Act or any other relevant written law.
55. (1) A licensee or permit holder may, sixty days prior to the expiration of the period of validity of the licence or permit, apply to the Committee for the renewal of the licence or permit in the prescribed manner and form upon payment of the prescribed fee. (2) The Committee shall, within thirty days of receiving an application for the renewal of a licence or permit, approve or reject the application and give reasons where it rejects the application for renewal of the licence or permit. (3) A licensee or permit holder who submits an application for the renewal of a licence or permit in accordance with subsection (1), shall continue to operate the licensed or permitted business or activity until a decision is made by the Committee on the application for renewal of the licence or permit.
56. (1) A person who loses a licence or permit or whose licence or permit is damaged shall inform the authorised officer within fourteen days of the loss or damage and shall, after a further period of fourteen days, apply to the Committee for the issuance of a duplicate licence or permit. (2) On application under subsection (1), the Committee may — (a) issue a duplicate licence or permit on such terms and conditions as it may determine; or (b) refuse the application and notify the licensee or permit holder, in writing, and gives reasons for the refusal.
57. (1) Subject to this Act, the Department shall operate a single licensing system for the wildlife sector in accordance with the Business Regulatory Act, 2014. (2) A regulatory agency shall not issue or grant a licence, permit, certificate or other authorisation for the doing of an activity by a person, which may have an adverse effect on wildlife management and conservation, before the regulatory agency first consults the Department whether the issuing or the grant of the licence, permit, certificate or other authorisation will have an adverse effect on wildlife management and conservation
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51. (1) Except as is otherwise provided by this Act, a licence or permit issued under this Part shall be used solely by the licensee or permit holder and is not transferable to another person. (2) A person who transfers a licence or permit issued to that person or accepts the transfer of a licence or permit from any person commits an offence.
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45(3); A person commits an offence who, not being a holder of a professional guide’s permit— (a) conducts for reward in a National Park, Community Partnership Park, bird sanctuary, wildlife sanctuary, Game Management Area or game ranch any photographic or viewing safari; (b) offers to conduct for reward any photographic or viewing safari; [...]
54(1); Subject to subsection (2), the Committee may suspend or revoke a license if the licensee or permit holder - (a) obtained the permit or license on the basis of fraud, negligence or misrepresentation; (b) assigns, cedes or otherwise transfers the license without the prior approval of the Committee; (c) fails to comply with any terms or conditions of the license or permit; (d) operates the licensed or business activity in contravention of this Act or any or any other relevant written law.
136; A person who commits an offense under this Act for which a penalty is not provided is liable, upon conviction- (a) for a first time offense, to a fine not less than four hundred thousand penalty units but not exceeding six hundred thousand penalty units or a term of imprisonment not exceeding seven years, or to both; (b) for a second or subsequent offense, to a fine of not less than five hundred thousand penalty units or to a term of imprisonment not less than six years but not exceeding ten years, or to both.