ZMB- GA - IDENTIFICATION OF PROTECTED AREAS FOR ECOTOURISM
NON-CONSUMPTION USE
Zambia / Non-consumption use
WILDLIFE CONSERVATION (ECOTOURISM)
IDENTIFICATION OF PROTECTED AREAS FOR ECOTOURISM
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Section 27 (extract)- " (1) Upon the recommendation of the Commission, and if the Minister considers it to be in the national interest that any heritage be conserved, protected or maintained he may, by statutory notice, subject to subsection (2) declare or provisionally declare the heritage or relic to be a national monument"
Section 24 (extract)- "(1) Subject to subsection (2), the Minister may, by statutory instrument, on the recommendation of the Agency and relevant appropriate authority, declare an area of land which is ecologically fragile or sensitive to be an Environmentally Protected Area. (2) The powers conferred on the Minister under this section shall not extend to areas declared, or which may be declared, as protected areas under any other written law. (4) In determining whether or not to declare an area as an Environmentally Protected Area, the Minister shall have regard to— (a) the natural features and beauty of the area; (b) the flora and fauna of the area; (c) the unique or special geographical, physiographical, ecological or historic and cultural features of the area; (d) any special scientific feature, cultural feature or biological diversity of, or existing in, the area; (e) the interests of the local communities in, or around, the area; and (f) the need for the Government to comply with any international obligation under any agreement to which Zambia is a party. (5) The management of the Environmentally Protected Area shall vest in the Agency. (6) The Agency shall, where an area is declared to be an Environmentally Protected Area, in consultation with the appropriate authorities and conservancy authorities, prepare an environmental protection plan for the area. (3) The following areas shall be environmentally sensitive areas for the purposes of this Act: (a) wetlands; (b) any area declared as environmentally sensitive by any local authority;"
Section 26 (extract)- "(1) provides that the Minister may, after consultation with the Minister responsible for environmental protection and management, national heritage conservation and management and wildlife management and with the Director and the local riparian community, by statutory order, declare any area of water to be a fisheries management area for the management and sustainable utilisation of such species of fish as may be specified in the order.(3) Where a fisheries management area is in a Local Forest, National Forest or National Park, the exercise or enjoyment of any fishing right or interest in the area shall be consistent with sustainable forest management or wildlife conservation and management, as the case may be"
Section 11 (extract)- "the President may, after consultation with the Minister and the local community in the area, by statutory order, declare an area of land within the Republic to be a National Park for the purposes of this Act and may, in like manner, declare that a National Park shall cease to be a National Park or that the boundaries of a National Park shall be altered or extended. "
Section 12 (extract)- "The Minister may, on the application of a local community, a person, institution or organisation declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation or for the purpose of conserving, preserving and restoring genes, species or biological diversity and natural amenities and their underlying ecological structure, and may, in like manner, declare that any Community Partnership Park shall cease to be a Community Partnership Park or that the boundaries of a Community Partnership Park shall be altered or extended."
Section 14 (extract)- "The Minister may, by statutory instrument, after consultation with the Director, declare an area a bird or wildlife sanctuary and provide for the control of entry into, and regulate the activities of persons within, the bird or wildlife sanctuary."
Section 28 (extract)- "The President may, after consultation with the Minister and the local community, by statutory order, declare an area of land within the Republic to be a Game Management Area for the sustainable utilisation of wildlife and for the purposes of this Act, and may, in like manner, define or alter or extend the limits of the area or order the area to cease to be a Game Management Area."
24(1); The President may, in consultation with the Ministers responsible for environment and urban and regionalplanning, by statutory instrument, declare any forest area or woodland or any part thereof, which has environmental, ecological, cultural, scientific or national significance, to be a botanical reserve for the purpose of preserving, conserving and restoring biological diversity and natural amenities and may, in like manner declare that any botanical reserve shall cease to exist as a botanical reserve or that the boundaries of a botanical reserve shall be altered or extended.
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29(1); The Board may impose any or all of the following conditions on a license issued under section twenty-seven- […] (d) the licensee shall provide an environmental impact assessment report and adhere to an environmental management plan or monitoring arrangements as approved under the Environmental Management Act, 2011.
Section 5(2); Subject to other provisions of this Act, the functions of the Department are to- […] (h) prepare and implement management plans for National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas in consultation with relevant stakeholders.
Section 33(2); Without prejudice to the generality of subsection (1), a board may - [...] (d) in consultation with the Director, develop and implement management plans which reconciles the various uses of land in areas falling under the board's jurisdiction.
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Section 2 (extract)- “ open area ” means an area other than a National Park, bird or wildlife sanctuary, Community Partnership Park or Game Management Area, where wild animals are found"
Section 3 (extract)- "(1) Subject to the other provisions of this Act, the absolute ownership of every wild animal within Zambia is vested in the President on behalf of the Republic, except that —(c) subject to such regulations as the Minister may prescribe on the advice of the Director, where a wild animal is found resident on any land, the Director may grant the right to harvest the wild animal to the owner of the land."
Section 5 (extract)- (1) There is established in the Ministry responsible for tourism the Department of National Parks and Wildlife which shall be responsible for the administration of this Act under the general direction of the Permanent Secretary of the Ministry. (2) Subject to the other provisions of this Act, the functions of the Department are to — (a) control, manage, conserve, protect and administer National Parks, Community Partnership Parks, bird and wildlife sanctuaries and Game Management Areas and coordinate activities in these areas; (n) advise the Minister on the regulations required to conserve, protect and manage wildlife in National Parks, Community Partnership Parks, bird and wildlife sanctuaries, Game Management Areas, open areas and private wildlife estates;
Section 63 (extract)- "(1) Except as otherwise provided by this Act, a person who is not a holder of a hunting licence or capture permit under this Act, who hunts a game animal or protected animal in an open area commits an offence and is liable, upon conviction, to a fine not exceeding four hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both."
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Section 24 (extract)- "(1) Subject to subsection (2), the Minister may, by statutory instrument, on the recommendation of the Agency and relevant appropriate authority, declare an area of land which is ecologically fragile or sensitive to be an Environmentally Protected Area. (2) The powers conferred on the Minister under this section shall not extend to areas declared, or which may be declared, as protected areas under any other written law. (4) In determining whether or not to declare an area as an Environmentally Protected Area, the Minister shall have regard to— (a) the natural features and beauty of the area; (b) the flora and fauna of the area; (c) the unique or special geographical, physiographical, ecological or historic and cultural features of the area; (d) any special scientific feature, cultural feature or biological diversity of, or existing in, the area; (e) the interests of the local communities in, or around, the area; and (f) the need for the Government to comply with any international obligation under any agreement to which Zambia is a party. (5) The management of the Environmentally Protected Area shall vest in the Agency. (6) The Agency shall, where an area is declared to be an Environmentally Protected Area, in consultation with the appropriate authorities and conservancy authorities, prepare an environmental protection plan for the area. (3) The following areas shall be environmentally sensitive areas for the purposes of this Act: (a) wetlands; (b) any area declared as environmentally sensitive by any local authority;"
Section 26 (extract)- "(1) provides that the Minister may, after consultation with the Minister responsible for environmental protection and management, national heritage conservation and management and wildlife management and with the Director and the local riparian community, by statutory order, declare any area of water to be a fisheries management area for the management and sustainable utilisation of such species of fish as may be specified in the order.(3) Where a fisheries management area is in a Local Forest, National Forest or National Park, the exercise or enjoyment of any fishing right or interest in the area shall be consistent with sustainable forest management or wildlife conservation and management, as the case may be"
Section 34(1); The Minister may, for the purpose of recreational, susbsistence or research fishing, by statutory order, declare any area of water to be a prescribed area and shall in such order specify for which of the purposes the area is so declared.
Section 11 (extract)- "Whenever the President considers that the conservation or protection and enhancement of wildlife, eco-systems, biological diversity and natural beauty so demands, the President may, after consultation with the Minister and the local community in the area, by statutory order, declare an area of land within the Republic to be a National Park for the purposes of this Act and may, in like manner, declare that a National Park shall cease to be a National Park or that the boundaries of a National Park shall be altered or extended."
Section 12 (extract)- "(1) The Minister may, on the application of a local community, a person, institution or organisation declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation or for the purpose of conserving, preserving and restoring genes, species or biological diversity and natural amenities and their underlying ecological structure, and may, in like manner, declare that any Community Partnership Park shall cease to be a Community Partnership Park or that the boundaries of a Community Partnership Park shall be altered or extended."
Section 14 (extract)- "The Minister may, by statutory instrument, after consultation with the Director, declare an area a bird or wildlife sanctuary and provide for the control of entry into, and regulate the activities of persons within, the bird or wildlife sanctuary."
Section 28 (extract)-"(1) The President may, after consultation with the Minister and the local community, by statutory order, declare an area of land within the Republic to be a Game Management Area for the sustainable utilisation of wildlife and for the purposes of this Act, and may, in like manner, define or alter or extend the limits of the area or order the area to cease to be a Game Management Area."
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Section 26 (extract)- "(1) provides that the Minister may, after consultation with the Minister responsible for environmental protection and management, national heritage conservation and management and wildlife management and with the Director and the local riparian community, by statutory order, declare any area of water to be a fisheries management area for the management and sustainable utilisation of such species of fish as may be specified in the order."
Section 11 (extract)- "Whenever the President considers that the conservation or protection and enhancement of wildlife, eco-systems, biological diversity and natural beauty so demands, the President may, after consultation with the Minister and the local community in the area, by statutory order, declare an area of land within the Republic to be a National Park for the purposes of this Act and may, in like manner, declare that a National Park shall cease to be a National Park or that the boundaries of a National Park shall be altered or extended."
Section 12 (extract)- "(1) The Minister may, on the application of a local community, a person, institution or organisation declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation or for the purpose of conserving, preserving and restoring genes, species or biological diversity and natural amenities and their underlying ecological structure, and may, in like manner, declare that any Community Partnership Park shall cease to be a Community Partnership Park or that the boundaries of a Community Partnership Park shall be altered or extended."
Section 28 (extract)-"(1) The President may, after consultation with the Minister and the local community, by statutory order, declare an area of land within the Republic to be a Game Management Area for the sustainable utilisation of wildlife and for the purposes of this Act, and may, in like manner, define or alter or extend the limits of the area or order the area to cease to be a Game Management Area."
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Section 6 (extract)- "(1) The Minister shall cause to be carried out studies and surveys designed to identify—(a) tourism priority areas;(b) protected areas; and(c) designated areas; for rural or urban tourism development and shall, after approval of Cabinet, declare by Gazette notice such areas as tourism priority areas, protected areas and designated areas for rural or urban tourism development. (2)Where a protected area for rural or urban tourism development falls within a game management area or a national park, or has been declared as a protected area, under the Zambia Wildlife Act, 2015, the Ministry responsible for tourism and wildlife shall collaborate with relevant authorities in the development of the area. (3)The Minister shall cause to be prepared local, district and national plans for the development and promotion of areas declared in accordance with subsection (1)."
Section 2 (extract)- "tourism block means a National Park, bird sanctuary, wildlife sanctuary, Community Partnership Park, Game Management Area or an area within a National Park, bird sanctuary, wildlife sanctuary, Community Partnership Park or Game Management Area that has been set aside for non-consumptive tourism;
“ non-consumptive tourism ” means conventional tourist activities such as viewing animals, photographing, bird
watching, wilderness walks, walking safaris, angling, canoeing and boat rides;
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Section 2; Interpretations- “eco-tourism ” means responsible travel to natural areas that conserves the environment and improves the wellbeing of the local people;
“ environment tourism ” means travel to unique and endangered areas that is directly dependent on the use of natural resources in a relatively undeveloped state, including scenery, topography, water features, vegetation and wildlife;
“ nature tourism ” means tourism directly dependent on the use of natural resources, such as scenery, topography, water features, flora and fauna, in a relatively undeveloped state;
"non-consumptive tourism ” means conventional tourist activities such as viewing animals, photographying, bird watching, wilderness walks, walking safaris, angling, canoeing and boat rides;
"wildlife tourism ” means tourism undertaken to view or encounter wildlife, classified as consumptive or non consumptive tourism;
7. The Minister shall promote sustainable and responsible tourism development and the Ministry responsible for tourism shall, in that respect, do the following: (b) develop plans for tourism management and promotion that address environmental sustainability and nature tourism and ensure that all sector strategies include tangible concern for the environment, nature tourism and ecotourism ethics;
(c) ensure that tourism does not deprive local communities and wildlife of access to land resources, especially along the banks and shores of rivers, dams, lagoons and lakes which they need for their livelihood and survival;
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2; Interpretation- "non-consumptive tourism ” as conventional tourist activities such as viewing animals, photographing, bird watching, wilderness walks, walking safaris, angling, canoeing and boat rides.
44. (1) The Committee, or a wildlife police officer duly authorised, in writing, by the Committee, may issue a fishing permit to authorise a person to fish for non-consumptive purposes in a National Park or Community Partnership Park and shall impose such conditions upon the use of the fishing permit as the Minister may prescribe. (2) A fishing permit issued under subsection (1) shall specify the species and number of fish which may be caught under the fishing permit.
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7. The Minister shall promote sustainable and responsible tourism development and the Ministry responsible for tourism shall, in that respect, do the following— (a) encourage quality tourism experiences that include meaningful interactions between tourists and host communities with a greater understanding and appreciation of cultural tourism; (b) develop plans for tourism management and promotion that address environmental sustainability and nature tourism and ensure that all sector strategies include tangible concern for the environment, nature tourism and ecotourism ethics; (c) ensure that tourism does not deprive local communities and wildlife of access to land resources, especially along the banks and shores of rivers, dams, lagoons and lakes which they need for their livelihood and survival; (d) promote tourism development and management where it can offer a competitive form of land use for local communities and be integrated into land use plans; (e) facilitate the increased use of sustainable waste disposal and bio-degradable packaging; (f) educate the tourism industry on ways to reduce carbon footprint; (g) put in measures to eliminate or mitigate negative impacts of mining on game management areas, national parks and other protected areas; (h) liaise with the relevant Ministry and intervene when mining activities may impinge on protected areas and tourism sites; (i) promote and facilitate alternative and renewable energy solutions; (j) encourage energy conservation and promote the transition to renewable and clean energy sources as a foundation for carbon neutral development strategies and a green growth transformation; (k) facilitate incentives to tourism projects that utilise green designs or technologies which contribute to creating sustainable livelihoods and poverty reduction; (l) engage local communities in planning and decision making, empower women, children and youth, and embrace the wisdom, knowledge and values of local communities in the development of tourism; (m) design and implement broad public awareness campaigns, focusing on the linkages of tourism, environment, climate change, meteorology, sustainable development and broader society issues; (n) approve projects that adhere to globally recognised sustainable tourism certification standards; (o) protect water sources in tourist destinations and protected areas; and (p) encourage research and monitoring of emerging trends related to the interconnectedness of tourism, the environment and climate change and provide webbased tools for sharing and integration.
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2;INTERPRETATIONS- "tourism block ” means a National Park, bird sanctuary, wildlife sanctuary, Community Partnership Park, Game Management Area or an area within a National Park, bird sanctuary, wildlife sanctuary, Community Partnership Park or Game Management Area that has been set aside for non-consumptive tourism
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2;INTERPRETATIONS- "tourism block ” means a National Park, bird sanctuary, wildlife sanctuary, Community Partnership Park, Game Management Area or an area within a National Park, bird sanctuary, wildlife sanctuary, Community Partnership Park or Game Management Area that has been set aside for non-consumptive tourism
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Section 4(2); The Minister shall, in the development of policies of policies in accordance with subsection (1), put in place measures to - […] (d) ensure mainstreaming of gender and environment into programmes and activities relating to tourism and the tourism industry.
Section 7: The Minister shall promote sustainable and responsible tourism development and the Ministry responsible for tourism, in that respect, do the following- [...] (l) engage local communities in planning and decision-making, empower women, children and youths, and embrace the wisdom, knowledge and values of local communities in the development of tourism.
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Section 127 (extract)- "(1) A person who hunts, wounds, molests or reduces into possession an elephant or rhinoceros in contravention of any provision of this Act commits an offence and is liable, upon conviction— (a) for a first offence, to a term of imprisonment of not less than five years but not exceeding twenty years, without the option of a fine; and
(b) for a second or subsequent offence, to a term of imprisonment of not less than ten years but not exceeding twenty-five years, without the option of a fine."
Section 128 (extract)- "A person who hunts in a National Park, Community Partnership Park or bird or wildlife sanctuary in contravention of this Act is liable, upon conviction— (a) for a first offence, to a term of imprisonment of not less than three years but not exceeding ten years, without the option of a fine; and (b) for a second or subsequent offence, to a term of imprisonment of not less than five years but not exceeding fifteen years, without the option of a fine."
Section 129 (extract)- "(1) Subject to section one hundred and thirty, a person who is in possession of, sells, buys, imports or exports or attempts to sell, buy, import or export a trophy or meat of a wild animal in contravention of this Act is liable, upon conviction, to a fine of not less than three hundred thousand penalty units but not exceeding six hundred thousand penalty units, or to imprisonment for a term not exceeding seven years, or to both."
Section 136 (extract)- "A person who commits an offence under this Act for which a penalty is not provided is liable, upon conviction— (a) for a first offence, to a fine of 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; and (b) for a second or subsequent offence, to a fine of not less than five hundred thousand penalty units or to a term of imprisonment of not less than six years but not exceeding ten years, or to both."