ZMB- AB - LAND & INLAND WATER USE PLANNING
PRECONDITIONS
Zambia / Preconditions
PRECONDITIONS
LAND & INLAND WATER USE PLANNING
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Section 24 (extract)- "(1) A local planning authority may prepare sectoral plans to support the implementation of its integrated development plan, in consultation with relevant sectoral ministries, appropriate regulatory authorities or other agencies. (2) A sectoral plan may include policies and plans directing land use for purposes such as—(k) wildlife management;"
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Sec 5(2) Subject to the other provisions of this Act, the functions of
the Department are to (c) adopt methods to ensure the sustainability, conservation
and preservation in the natural state of eco-systems and
biological diversity in the National Parks, Community
Partnerships Parks, bird and wildlife sanctuaries and
Game Management Areas;
Section 60 (extract)- "(1) For the purpose of— (a) computing the numbers of game animals or protected animals authorised to be hunted under a hunting licence;
(b) computing the numbers of game animals or protected
animals permitted to be hunted or captured in a National
Park, Community Partnership Park, Game Management
Area or open area under a hunting licence granted under
section forty or a capture permit granted under section
forty-three; or (c) recording the numbers of hunted animals or protected animals in a record required to be kept under section fifty-nine; only the game animals or protected animals killed, wounded or captured shall be counted."
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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 —(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;"
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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 — (b) in partnership with local communities, share the responsibilities of management in Community Partnership Parks and Game Management Areas; (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 12; The Minister may, on the application of a local community, a person, institution or organization declare, by statutory instrument, an area that has environmental, ecological or scientific value to be a community partnership park for environmental education and recreation for the purpose of conserving, preserving and restoring genes, species or biological diversity and natural amenities and their underlying ecological structures [...].
Section 32 (extract)- "(1) A local community along geographic boundaries contiguous to a chiefdom in a Game Management Area, an open area or a particular chiefdom with common interest in the wildlife and natural resources in that area, may apply to the Minister for registration as a community resources board. (2) The Minister shall register as a board, a local community which, in addition to the pre-requisites described in subsection (1), meets the requirements of subsection (3) and shall, in consultation with that board, develop management plans for the Game Management Area, open area or any part of the Game Management Area or open area which is under its jurisdiction
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Section 3(1): The following principles shall apply to the national, regional, provincial, district and local planning frameworks, systems and processes- […] (c ) planning procedures shall incorporate environmental standards and requirements specified in any law relating to the environment and natural resources.
Section 17(3): Without prejudice to the generality of section three, planning guidelines made under this section shall deal with, and provide guidance in relation to, the following: [...] (c ) principal physical, economic, environmental and social characteristics, including the principal land uses of the Republic.
Section 19(4); An integrated development plan shall- [...] (e) indicate priority areas for - [...] (vi) protection of ecologically sensitive areas...
Section 20(3): A survey of areas planned for development shall be carried out in the prescribed manner and shall include- [...] (e) a baseline strategic environmental assessment of the area to be covered.
Section 24(2): A sectoral plan may include policies and plans directing land use for the purposes of- [...] (k) wildlife management.
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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. (2) The Minister may, in like manner, define, alter or extend the boundaries of a fisheries management area or order the area to cease to be a fisheries management area. Importation for scientific, educational or research purposes Export of fish or fish product. "
Section 3 (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 [...]"
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."
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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. (2) The Minister may, in like manner, define, alter or extend the boundaries of a fisheries management area or order the area to cease to be a fisheries management area. Importation for scientific, educational or research purposes Export of fish or fish product. "
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."
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Preamble- An Act to provide for the establishment and declaration of national forests, local forests, joint forest management areas, botanical reserves, private forests and community forests […]
10(1); The President may, by statutory instrument, declare any area of land within the Republic to be a national forest, and may, in like manner, any national forest or part of the national forest shall cease to be a national forest or that the boundaries of any national forest shall be altered or extended.
17(1); The President may, by statutory instrument, declare any area of land within the Republic to be a local forest and may, in like manner, any local forest of part of the local forest shall cease to be a local forest or that the boundaries of a local forest shall be altered or extended.
24(1); The President may, in consultation with the Ministers responsible for environment and urban and regional planning, 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 its biodiversity and natural amenities [...]
26(1) An owner or lease of any land or plantation who wishes to establish a private forest shall apply to the Director in the prescribed manner and form, for the registration of the area which the person intends to comprise the private forest.
29(1); A community forest management group may be formed by a group of persons who are- (a) members of a village in or near a forest; (b) managing a forest of part of a forest; (c) desirous of managing a forest or part of a forest.(2) A community forest management group shall be formed for the purpose of communal control, use, and management of a forest.
36(1); The Minister may, on the recommendation of the Director, local community or owners or occupiers of an area in a forest, declare by statutory instrument, a local forest, botanical reserve, plantation, private forest or open area, a joint forest management area.
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Section 13 (extract)- "(1) Where a person has any right in or over any land which is included in an area subject to an order made under section eleven or twelve, that land may, for the purpose of the extinguishment of such right, be acquired by the President in accordance with the Lands Acquisition Act. . (2) For the purposes of this section,”right in or over any land” includes any right of way, easement, franchise, profit, claim, privilege, exemption or immunity of any person in, over or under that land, but does not include any mining rights or communal fishing right enjoyed under customary law by any person or body of persons"
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. (2) Any land within any declared or extended Game Management Area that is held under a leasehold title shall not, except with the written consent of the occupier, be affected by the declaration or extension made under subsection (1) and shall be deemed to be excluded from it. (3) The Minister may, upon application made to the Director, in writing, by the occupier of any land held under a leasehold title, recommend to the President that the land be declared to be, or be included within, a Game Management Area under subsection (1)."
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Section 3 (extract)- Subject to the provisions of this Act, the President may, whenever he is of the opinion that it is desirable or expedient in the interests of the Republic so to do, compulsorily acquire any property of any description
Section 13 (extract)- "(1) Where a person has any right in or over any land which is included in an area subject to an order made under section eleven or twelve, that land may, for the purpose of the extinguishment of such right, be acquired by the President in accordance with the Lands Acquisition Act.
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Section 3 (extract)- Subject to the provisions of this Act, the President may, whenever he is of the opinion that it is desirable or expedient in the interests of the Republic so to do, compulsorily acquire any property ..
Section 10 (extract)- " Subject to the provisions of this Act, where any property is acquired by the President under this Act the Minister shall on behalf of the Government pay in respect thereof, out of moneys provided for the purpose by Parliament, such compensation in money as may be agreed or, in default of agreement, determined in accordance with the provisions of this Act:"
Article 16 (extract)- "(1) Except as provided in this Article, no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be acquired unlessby or under the authority of an Act of parliament which provides for the payment of compensation for the property or interest or right to be taken possession of or acquired"
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Section 13 (extract)- "(1) Where a person has any right in or over any land which is included in an area subject to an order made under section eleven or twelve, that land may, for the purpose of the extinguishment of such right, be acquired by the President in accordance with the Lands Acquisition Act. (2) For the purposes of this section,”right in or over any land” includes any right of way, easement, franchise, profit, claim, privilege, exemption or immunity of any person in, over or under that land, but does not include any mining rights or communal fishing right enjoyed under customary law by any person or body of persons"
Section 15 (extract)- "(1) A person shall not acquire a certificate of title in respect of any land in a National Park, Community Partnership Park or bird or wildlife sanctuary."
Section 16 (extract)- "[...] (2) A mining right shall not be granted in a National Park, Community Partnership Park or bird or wildlife sanctuary without an environmental impact assessment conducted in accordance with procedures specified by the Environmental Management Act, 2011 [...]"
Section 28 (extract)- "(2) Any land within any declared or extended Game Management Area that is held under a leasehold title shall not, except with the written consent of the occupier, be affected by the declaration or extension made under subsection (1) and shall be deemed to be excluded from it. (3) The Minister may, upon application made to the Director, in writing, by the occupier of any land held under a leasehold title, recommend to the President that the land be declared to be, or be included within, a Game Management Area under subsection (1)."
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Section 26 (extract)-"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.
Sec.28. (1) The Director shall, in consultation with a committee appointed under section twenty-nine, prepare a fisheries management plan for the conservation and management of fish and the development of the fisheries management area. (2) A fisheries management plan shall— (a) identify the fishery to which it relates and state its characteristics and its current state of exploitation; (b) specify the objectives to be achieved in the conservation, management and development of the fisheries management area; (c) specify the strategies to be adopted for the effective management and development of the fishery; (d) determine fishing quotas, the amount of fish which may be harvested and the number of fishing licences which may be issued in respect of the fishery, in any fishing season; (e) identify any possible adverse effects that fishing activities in the fishery may cause to the environment and provide solutions for the management of those effects in accordance with the provisions of the Environmental Management Act, 2011; (f) specify the statistical and other data to be submitted by the committee to the Director for purposes of monitoring the management and development of the fishery; and (g) where necessary, identify and recommend any international cooperation that may be needed to achieve the management and development objectives of the fishery. (3) The Director shall, during the preparation of a fisheries management plan, consult as appropriate, with other Government departments and agencies affected by the fisheries management plan. (4) Where a fisheries management area includes any waters where any fish endemic in the Republic are found, the Director shall, before preparing a fisheries management plan for the area— (a) consult with any Government or other relevant authority concerned with general conservation and biodiversity matters; and (b) shall give due regard to any advice given by the authorities referred to in paragraph (a) in relation to the endemic fish. (5) A fisheries management plan shall be reviewed and revised as necessary. (6) A fisheries management plan and any revision thereof shall be submitted to the Minister for approval, and shall only enter into force when such approval is given.
Sec.29. (1) The Minister may, by statutory instrument, appoint a committee for a fisheries management area declared under section twenty-six: Provided that where the fisheries management area is in a game management area, the Minister shall appoint the committee in consultation with the community resources board for that area. (2) A committee appointed under subsection (1) shall comprise— (a) six representatives from the local riparian fishing community who shall be elected by the local community; (b) a representative of the local authority in the fisheries management area; (c) one representative of the chief: Provided that where a fisheries management area covers two or more chiefdoms, each chief shall nominate a representative to the committee; (d) one representative of a non-governmental organisation operating in the fisheries management area; (e) one representative of the commercial fishing operators in the area; (f) one representative from the acquaculture industry; and (g) two other persons. (3) The Minister shall appoint the Chairperson and ViceChairperson of a committee from among the members of the committee. (4) Subject to the other provisions of this Act, a member of a committee shall hold office for a period of three years and may be re-appointed for one further period of three years. (5) The office of a member shall become vacant— (a) if without reasonable excuse that member is absent from three consecutive meetings of the committee of which the member had notice; (b) upon the member’s death; (c) if the member is adjudged bankrupt; (d) if the member becomes mentally or physically incapable of performing the duties of a member of the committee; or (f) if the member is convicted of an offence under this Act or any other written law and sentenced therefor to imprisonment for a period of six months or more without the option of a fine. (6) The Minister shall, on such terms and conditions as the Minister may determine, appoint an officer of the Department of Fisheries to be the secretary to a committee. (7) The Minister may dissolve a committee constituted under subsection (1) if satisfied that the committee— (a) has mismanaged the natural resources in the fisheries management area; or (b) has engaged in activities which are inconsistent with their functions. (8) Where the Minister dissolves a committee under subsection (7), the assets of the committee shall become the property of the State and; (9) The provisions of the Schedule apply to a committee.
Sec.30. (1) The functions of a committee are to promote and develop an integrated approach to the management and sustainable utilisation of natural and fisheries resources in a fisheries management area under its jurisdiction. (2) Without prejudice to the generality of subsection (1), a committee shall have power to—(a) negotiate, in conjunction with the Director, co-management agreements with industrial fishing companies operating in the fisheries management area under its jurisdiction; (b) manage the fisheries resources under its jurisdiction, within fishing quotas specified by the fisheries management plan; (c) in consultation with the Director, develop and implement management plans which reconcile the various uses of water in the fisheries management area under its jurisdiction; (d) cooperate with the Department in the management of the fisheries management area under its jurisdiction; (e) facilitate the involvement of non-governmental organisations providing support to fisheries management and conservation efforts in the fisheries management area under its jurisdiction; (f) recommend to the Director the measures, plans and programmes required for fisheries development in the fisheries management area under its jurisdiction; (g) monitor the development of aquaculture in the fisheries management area under its jurisdiction; (h) submit to the Director, on a regular basis, reports on the status of the fisheries management area under its jurisdiction; and (i) perform such other functions as the Minister may direct. (3) A committee shall prepare and implement the fisheries management plan referred to in section twenty-eight in accordance with such regulations as the Minister may, by statutory instrument, prescribe.
Sec.31. A person who misuses or misappropriates any money belonging to a committee— (a) is liable to a surcharge; and (b) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. Fisheries [ No. 22 of 2011 403 Misuse of money of committee
Sec.32. A committee shall submit— (a) to the Director, minutes of each meeting of the committee; and (b) to the Minister, an annual report of its activities; within two weeks after such minutes or report are adopted by the committee.
Sec.33. (1) The Director may, under a fisheries management committee, appoint a zone and village fisheries management committee for the purpose of fisheries and aquaculture development in the area. (2) The Minister may, by statutory instrument, provide for— (a) the composition, functions and procedure of the zone and village fisheries management committees; or (b) any other matters necessary for purposes of the zone and village fisheries management committees.
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,[...]
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,[...]
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Regulation 3(3): The Director shall not approve an application for permit under subregulation (2) unless- […] (b) the application is accompanied by a site plan and sketches of the proposed pens and enclosures including dimensions of each unit; […] (d) a team of wildlife police officers or honorary wildlife police officers authorized by the Director in that behalf has inspected the proposed premises and are satisfied that- [...] (ii) adequate safety precautions exist on such premises to prevent the escape of wild animals or injury persons.
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Section 71 (extract)- "(2) A person convicted of an offence under this Act is liable to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both."