In Zambia, wildlife refers to wild animals or species of birds that are found in a wild state and vegetation that are indigenous to the country and that grow naturally without cultivation. The term ‘animal’ refers to a vertebrate animal and includes a mammal, bird, fish, reptile and amphibian, and the egg of a bird or reptile. The President holds the absolute ownership of all wild animals. Transferring ownership of game and protected animals requires and is conditional to the terms and conditions of licences, permits, or concessions. However, for wild animals that are not game or protected animals, the ownership is transferred to the person who legally capture, kill or reduce it in his possession. They can be hunted in fenced and unfenced private estates. In the fenced private estates, hunting of the game and protected animals requires only the written consent of the owner. The Director of the Department of National Parks and Wildlife (DNPW) advises the Minister in regulating private estates. A capture permit authorizes a Chief or any other person approved by the Minister to hunt, in any stated area or part of the Republic, such game or protected animal as may be specified in the permit. Traditional leaders and local communities have rights over their genetic resources, including to regulate access to them and to use them; to share benefits, and establish access agreements.

The Wildlife Act defines "local community" as residents within a Game Management Area (GMA) or open area who invest in and benefit from the sustainable utilization of wildlife resources. Community participation in wildlife management and conservation is constitutionally guaranteed, including the incorporation of traditional knowledge in management plans.The DNPW, in partnership with local communities, shares the responsibilities of managing community partnership parks (CPPs) and GMAs. Under the Lands Acquisition Act the orders on the acquisition of land for the declaration of national parks, community partnership parks and bird and wildlife sanctuaries implies the extinguishment of any person’s rights in or over any land included in that area, except for any mining rights or communal fishing rights enjoyed under customary law. Partnerships between individuals, communities, institutions, organizations, and the DNPW can be formed to protect and manage CPPs, with designated rights, obligations, and conditions outlined in a statutory instrument. Co-management agreements with hunting outfitters and photographic tour operator, negotiated in conjunction with the Department, wildlife management within quotas specified by the Department, appointment of community scouts, and development of management plans in consultation with the Director, fall under the responsibilities of Community Resource Boards (CRBs), based on Village Action Groups (VAGs) and with the Chief serving as a patron. Communities co-manage fisheries resources through Fisheries Management Areas (FMAs) and fisheries management committees. When FMAs fall within a GMA, consultation with the CRB is necessary. Functions of the committee align with CRBs and can be further decentralized to zone and village fisheries management committees. Quota of fisheries resources that they can manage is specified by the fisheries management plan.

In open areas, communities can establish community conservancies or ranches through registered associations (governed by a trust) or cooperatives, potentially including CRBs. In fenced game ranches, ownership of animals allows for utilization without quotas, while open game ranches require applying for hunting or capture quotas from the DNPW and payment of license fees. The legal framework lacks clarity on community partnerships with private sector providers, community land registration, and rights to wild animals.

The Wildlife Act promotes equitable access and fair distribution of economic, social, health, and environmental benefits derived from wildlife. A CRB-established fund receives 50 percent of animal license fee revenue, with 5 percent allocated to the Chief. Concession proceeds in GMAs are shared between the Ministry and the local community, although sharing mechanisms for non-consumptive benefits remain undefined. Gender consideration is limited to the Wildlife Management Licensing Committee, while the Gender Equality and Equity Act ensures gender equity in all economic sectors, including wildlife. The Public Procurement Act includes community participation as a method, which would allow local communities to be directly involved in obtaining or negotiating wildlife concessions.

Sanctions for wildlife tenure-related offenses are criminal, with fines, custodial sentences, or both, depending on the severity. Since 2018, the National Prosecution Authority (NPA) prosecutes wildlife offenses, that are considered criminal offenses under the Bills of criminal procedure and the penal code, due to their connection to financial and economic crimes. Authorization from the Attorney General is necessary for NPA to proceed with transnational crimes and collaborate with other jurisdictions.

The Urban and Regional Planning Act, 2015 emphasizes the consideration of ecologically sensitive areas, including wildlife management areas, in land use planning at various levels. Planning authorities develop integrated development plans and sectoral plans in consultation with relevant ministries and regulatory bodies. Wildlife management must be incorporated into sectoral land use plans, in consultation with the relevant authorities, including the DNPW, and district-level development plans can address land use within national park and other significant areas. Planning agreements can be made between local authorities and Chiefs to facilitate development in customary areas. The Department of National Parks and Wildlife (DNPW) is responsible for creating and implementing management plans for designated areas, and Community Resource Boards (CRBs) can develop their own plans in consultation with the Director. Forest lands are legally designated and protected for specific uses such as forestry, eco-tourism, and biodiversity conservation.

The Minister upon application, can recommend the declaration or inclusion of land within a Game Management Area (GMA) but this requires consent from the occupier of leased land. However, consent is not required on the acquisition of land for the purposes of setting up National Parks or CPPs, as land will be compulsorily acquired with adequate compensation under the Lands Acquisition Act.

Consultation with local communities is mandated for the establishment of sustainable wildlife management (SWM)-relevant areas, requiring planning agreements with Chiefs, in order to develop a customary area and facilitate the implementation of an integrated development plan or local area plans Protocols for engagement and communication must be established between local authorities, communities, and Chiefs. In case of refusal, the Minister, after consultation with the President, can sign the planning agreement if deemed in the public interest.

A request for a wildlife impact assessment can be made if a government plan or activity is believed to have adverse effects on wildlife. However, the procedure for such assessments is not specified. While fencing of SWM areas is not explicitly required, captive environments must be adequately secured. Consultation among relevant Ministers, the Director, and local communities is necessary to declare fisheries management areas for sustainable utilization of specified fish species.

The Wildlife Act lacks clarity on sanctions for land use planning offenses, but the Urban and Regional Planning Act imposes penalties for unauthorized land use or occupation in applicable areas.

The law restricts any person from acquiring a certificate of title in respect of any land in a National Park, CPP, or bird or wildlife sanctuary for any other purpose except for any mining right or other mining related right. The exercise of a mining right in such areas is subject to the request of the Minister through the Director that a wildlife impact assessment be conducted in accordance with the procedures specified under the Environmental Management Act, 2011, taking into account the existing or anticipated impact on wildlife that may be threatened; and any endangered or endemic species that are or may be affected.

SWM areas include protected areas, GMAs, community-managed areas (an open area along geographic boundaries contiguous to a chiefdom in a GMA), private fenced and unfenced wildlife estates. SWM-relevant areas can be created over leasehold property by either the owner of the property consenting to such a creation, or the land be compulsorily acquired by the State. The law allows the establishment of other tenure rights in SWM-relevant areas such as in CPPs, where a party to a partnership agreement shall administer the traditional user rights of the local community in accordance with SWM.

Community forest management, which may be applied in open areas, local forests and GMAs, requires prior consultations with local users and other right holders of the proposed forest, the consent of local traditional leaders, and an assessment on the potential user rights by the community and other users of the targeted community forest, as prescribed by the community forest regulation.

SWM-relevant areas must have general management plans that set out the basic management and development philosophy for the area, and include strategies for addressing problems and achieving identified management objectives. Stakeholder engagement and consultation requirement and participatory process of implementing the management plans are required. The law provides for concession agreements in relation to GMA, and benefits are shared between the Ministry of Tourism and the local community members. A person can obtain a leasehold title within a GMA in accordance with the provisions of the general management plan for the GMA, and land user rights fees shall be payable to the Ministry by an investor within the GMA, which shall be shared between the Ministry and the local community, on such terms as may be prescribed. However, some GMAs do not have approved general management plans.

The Minister can grant concession agreements within a GMA. Settlers in GMAs are required to comply with the terms and conditions of the management plans. In the GMAs, licence holders are required to exercise their rights in compliance with the Wildlife Act and must give prior notice of their intention to enter the area and exercise their rights.

Customary law is applicable provided that it is consistent with the Constitution. Customary tenure is recognized as a land tenure regime. Every piece of land in a customary area, which immediately before the commencement of the enactment of the Land Act was vested in or held by any person under customary tenure, shall continue to be so held and recognized, and any provision of this Act or any other law shall not be so construed as to infringe upon any customary right enjoyed by that person. Communal fishing rights enjoyed under customary law cannot be extinguished by an order of acquisition of land.

In terms of land tenure as applied to SWM-relevant areas, the law is not specific on the kind of sanctions it imposes in case of offences related to land tenure. The Wildlife Act only prohibits the acquisition of a certificate of title in respect of any land in a National Park, Community Partnership Park, or bird or wildlife sanctuary, and further provides for a fine not exceeding 100,000 penalty units or imprisonment for a term not exceeding one year, or both, according to the nature of the offence upon contravention and conviction.

The law defines the powers and responsibilities of the DNPW within the Ministry of tourism, which is  responsible for the administration and implementation of the Zambia Wildlife Act under the general direction of the Permanent Secretary of the Ministry. At the central level, the Wildlife Management Licencing Committee is responsible for the issuance of licences under the Wildlife Act, and at local levels, the mandate of local authorities in relation to wildlife tenure and institutional set-up in the form of a CRB is provided for in the Wildlife Act and the Policy on National Parks. The law provides for powers and responsibilities of chiefs in local areas plans, land tenure and land use planning. The Constitution and national values  impose principles of transparency, honesty and trustworthiness in public office. Such values, if they do not meet the public’s expectations, can be challenged in court though judicial review process. The Lands Tribunal and the Planning Appeals Tribunal are set up for the purpose of resolving land tenure disputes, while the Minister of Urban and Regional Planning is mandated to resolve conflicts arising from planning authorities. The law does not provide for a specialized tribunal to deal with wildlife, forestry and fisheries tenure and related rights.

The law provides for the planning authorities to liaise with appropriate regulatory and other authorities to coordinate their activities towards achieving efficient results. The appropriate regulatory authorities include public bodies or Institutions functioning under Acts of Parliament, including the Zambia Wildlife Act, the Environmental Management Act, the Urban and Regional Planning Act, the Local Government Act, the Income Tax Act, the Road Traffic Act and the Business Regulatory Act. The law prescribes specific cases for institutional coordination, but these are not mandatory; hence the use of the word "may" in the legal provision. However, the law provides for the avoidance of duplication in most instances. The Local Government Act provides for the creation of standing and occasional committees, and for the appointment of sub-committees to examine and report on delegated matters. The Minister may, on the advice of the Director and in consultation with the Ministers responsible for trade and industry, and for veterinary services, by statutory instrument, regulate the import, export or re-export of any game or protected animal, and the regulations may incorporate the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Lusaka Agreement on Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora.

The Public Service Commission shall appoint as a public officer the Director of National Parks and Wildlife, who shall be responsible for the administration of the provisions of the Zambia Wildlife Act, subject to the general or special directions of the Minister and the Permanent Secretary in the Ministry of tourism, which  are consistent with the provisions of the Act. Further, the Director may delegate any of the Director’s functions to an Assistant Director, a wildlife officer, a member of the Department, a board, or to a committee of a board.