ZMB- AA - WILDLIFE TENURE
PRECONDITIONS
Zambia / Preconditions
PRECONDITIONS
WILDLIFE TENURE
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Section 2 (extract) - wildlife means wild animals or species of birds that are found in Zambia in a wild state and vegetation which is indigenous to Zambia and grows naturally without cultivation. Section 3 (extract) - 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 —
(a) where a wild animal, which is not a game animal or protected animal, is captured or killed or reduced into possession by a person in accordance with this Act, the absolute ownership of that animal or the carcass of that animal is transferred to and vested in that person;
(b) where a game animal or protected animal is lawfully captured or killed or reduced into possession by a person in terms of a hunting licence, capture permit, hunting concession or under an authority granted under this Act, the absolute ownership of the game animal or protected animal or the carcass or a trophy of that animal is,subject to the other provisions of this Act and to the terms and conditions of the hunting licence, capture permit, hunting concession or authority, as the case may be, transferred to, and shall vest in, the licensee, permit holder, concessionaire or the person so authorised; and
(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.
(2) Notwithstanding subsection (1), the absolute ownership of a wild animal that has been captured or reduced into possession by a person prior to the commencement of this Act, subject to any other written law in force on the date of the capture of the animal or of its reduction into possession, is declared to be vested in the person who, on the commencement of this Act, whether directly or through an agent, is in actual lawful possession of the animal.
(3) Except as provided by subsection (1),nothing in this section shall be deemed to transfer to a person the ownership of a game animal or protected animal that is found dying or dead, or of any found carcass, part of a carcass, trophy or meat of a game animal or protected animal. (4) Notwithstanding any other provision of this section, where a person hunts or reduces into possession a game animal or protected animal in contravention of this Act, the absolute ownership of that game animal or protected animal or the carcass or trophy of the animal shall not be transferred, or be deemed to have been transferred, to that person or to any other person by reason of its having been so hunted or reduced into possession.
(5) The Committee may, in writing, transfer to any person the absolute ownership of a game animal or protected animal which has been hunted or reduced into possession by any other person in contravention of this Act and such other person shall forthwith deliver up the game animal, protected animal or carcass of the animal together with every trophy of the animal to the person to whom the ownership has been transferred in terms of this subsection.
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Section 2 (extract) “ wild animal ” means an animal ferae naturae, and includes a game or protected animal, but does not include a domestic animal; “ wildlife ” means wild animals or species of birds that are found in Zambia in a wild state and vegetation which is indigenous to Zambia and grows naturally without cultivation;
Section (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
(a) where a wild animal, which is not a game animal or
protected animal, is captured or killed or reduced into
possession by a person in accordance with this Act, the
absolute ownership of that animal or the carcass of
that animal is transferred to and vested in that person;
(b) where a game animal or protected animal is lawfully
captured or killed or reduced into possession by a person
in terms of a hunting licence, capture permit, hunting
concession or under an authority granted under this Act,
the absolute ownership of the game animal or protected
animal or the carcass or a trophy of that animal is,subject
to the other provisions of this Act and to the terms and
conditions of the hunting licence, capture permit, hunting
concession or authority, as the case may be, transferred
to, and shall vest in, the licensee, permit holder,
concessionaire or the person so authorised; and
(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.
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Section 3 (1) (extract)- 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 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. (2) This section does not apply to a person who, within an open area —(a) hunts an animal which is not a game animal or protected animal; (b) is the owner of the land and is in possession of a hunting licence or hunting concession authorising that person to hunt the game animal or protected animal; (c) has previously sought and obtained the written consent of the owner to do so and is in possession of a hunting licence authorising that person to hunt a game animal or protected animal; [...]
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;
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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 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. (2) This section does not apply to a person who, within an open area — (a) hunts an animal which is not a game animal or protected animal; (b) is the owner of the land and is in possession of a hunting licence or hunting concession authorising that person to hunt the game animal or protected animal; (c) has previously sought and obtained the written consent of the owner to do so and is in possession of a hunting licence authorising that person to hunt a game animal or protected animal; or (d) is an authorised officer while acting under instructions in performance of that officer’s duties in the exercise of powers under this Act.
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Section 3(1) (extract)- ""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 — (a) where a wild animal, which is not a game animal or protected animal, is captured or killed or reduced into possession by a person in accordance with this Act, the absolute ownership of that animal or the carcass of that animal is transferred to and vested in that person; (b) where a game animal or protected animal is lawfully captured or killed or reduced into possession by a person in terms of a hunting licence, capture permit, hunting concession or under an authority granted under this Act, the absolute ownership of the game animal or protected animal or the carcass or a trophy of that animal is,subject to the other provisions of this Act and to the terms and conditions of the hunting licence, capture permit, hunting concession or authority, as the case may be, transferred to, and shall vest in, the licensee, permit holder, concessionaire or the person so authorised; and
(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 39 (extract)- ""(1) The following classes of licences shall be issued under this Part—(a) hunting licence;
(b) bird licence; and (c) professional hunter’s licence. (2) The following permits shall be issued under this Part—(a) fishing permit; (b) capture permit; (c) professional guide’s permit; (d) photographic tour operator’s permit; and (e) commercial photographic permit.
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Section 2 (extract)- “ local community ” means the residents within a Game Management Area or open area, other than owners of tourist and camp lodges or hunting concessions, who by virtue of their rights over land, including under customary land tenure, invest in and derive benefits from the sustainable utilisation of the wildlife resources in their area
Section 4 (extract)- ""The following principles shall apply to wildlife conservation and management—(d) the equitable and effective participation of local communities and traditional leaders shall be promoted taking into account their interest and needs"
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Article 257 (extract)-The State shall, in the utilisation of natural resources and management of the environment (d) encourage public participation; and (e) protect and enhance the intellectual property in, and indigenous knowledge of, biodiversity and genetic resources of local communities..
Section 4 (extract)- The. following principles shall apply to wildlife conservation and management, amongst which is (d) the equitable and effective participation of local communities and traditional leaders shall be promoted taking into account their interest and needs.
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;(g) enhance the economic and social well-being of local communities in or around Community Partnership Parks and Game Management Areas;(j)in partnership with local communities, grant hunting concessions to hunting outfitters and non-consumptive tourism operators in Game Management Areas;
Section 12(1); 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 [...]
Section 28(1); The President may, after consultation with the Minister and the Local Community, by statutory order, declare an area of land within the Republic of Zambia to be a Game Management Area for the sustainable utilization of wildlife resources [...]
Section 32(1); A local community along geographical boundaries contiguous to a chiefdom in a Game Management Area, an open area or particular chiefdom with common interest in wildlife and natural resources in that area, may apply to the Minister for registration as a Community Resource Board.
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Preamble (extract)- "WE, THE PEOPLE OF ZAMBIA: CONFIRM the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order; "
Article 8 (extract)- "The national values and principles are—(d) human dignity, equity, social justice, equality and non- discrimination;
Section 23 (extract)- (1) the Minister, in consultation with the Ministers responsible for finance and commerce develop policies and cause to be enacted laws that ensure equal access, benefits and opportunities for both sexes in trade and entrepreneurship, taking into account, especially the contribution of women in the formal and informal sectors.
(2) The Minister shall, in liaison with appropriate public bodies, establish special measures to—
(a) empower women to enable them participate fully in economic life across all sectors and activities;
(b) promote women’s access to economic opportunities and productive resources, including the control and ownership of economic production processes; and
(c) facilitate the development of human, technical and financial capacity for empowerment of women to achieve sustainable socio-economic development.
Section 7 (extract)- (1) provides that there is established the Wildlife Management Licensing Committee which shall— (a) consider applications for licences, permits and certificates and grant, renew or refuse to grant or renew licences, permits and certificates; (4) The Minister shall, where practicable, ensure equitable gender representation when appointing the members of the Committee
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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.
Act 53. (1) The Authority shall, adapt procurement procedures, specifications and contract packaging for purposes of project sustainability or achieve certain specific social objectives of the project, where it is desirable in selected project components to— (a) call for participation of local communities and nongovernmental organizations; (b) increase the utilisation of local know how and materials; and (c) employ Labour intensive and other appropriate technologies. (2) The procedures under subsection (1) shall be prescribed
Regulation 3 (extract)- (1)the Authority shall pay into the fund established by the community resource Board fifty percentum of the total revenue earned by the authority from animal Licence fees. provided that only a Community Resource Board established in an area in respect of which animal licences have been issued shall be paid. (2)the money referred to in sub-regulation (1) shall be paid to the Community Resource Board and the patrons in such proportions as are specified in the Schedule."
The preamble (extract)- The Wildlife Act purposes " [...}to enhance the benefits of Game Management Areas to local communities and wildlife; involve local communities in the management of Game Management Areas [...]."
Section 4 (extract)-"The following principles shall apply to wildlife conservation and management— (d) the equitable and effective participation of local communities and traditional leaders shall be promoted taking into account their interest and needs;"
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;(g) enhance the economic and social well-being of local communities in or around Community Partnership Parks and Game Management Areas;
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. (2) A person, local community, institution or organisation may apply to the Committee, in the prescribed manner and form, to enter into a partnership agreement with the Department in respect of a Community Partnership Park."
Sections 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."
Section 33 (extract)-"(1) The functions of a 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; (b) manage the wildlife under its jurisdiction within quotas specified by the Department; (c) appoint community scouts to exercise and perform the duties of a wildlife police officer under the supervision of a wildlife police officer in the area falling under the board’s jurisdiction; (d) in consultation with the Director, develop and implement management plans which reconcile the various uses of land in areas falling under the board’s jurisdiction; and (e) perform such other functions as the Minister or Director may direct or delegate to it."
Sec.52. (1) A procuring entity may involve a community to participate in the supply and delivery of goods, works and services in the circumstances specified under section 53 of the Act. (2) A community may participate in the supply and delivery of goods, works and services in the following manner: (a) direct community participation; or (b) organised community participation through the appointment of community based service providers.
Sec.53. (1) A community that intends to participate in the supply and delivery of goods, works and services shall constitute a project management committee which consists of five part time members elected by the community. (2) The functions of the project management committee are to— (a) participate in the preparation, management and implementation of the project; (b) monitor the implementation of the project; and (c) report to the controlling officer of the procuring entity or any other designated representative.
Sec. 54. A procuring entity that intends to use community participation as a method of procurement shall— (a) prepare a project proposal in line with its strategic plan which shall include— (i) setting out the key result areas and the specific roles of the target community; and (ii) the objectives, estimated budget and the target community beneficiaries; and (b) ensure that the project— (i) is aligned to the procuring entity’s mandate and strategic plan; (ii) has positive social outcomes with the community as its main beneficiary; (iii) requires community involvement, in whole or in part, for success and continued implementation; and (iv) is included in the annual procurement plan for that procuring entity.
Sec.55. (1) A procuring entity that calls for direct community participation may— (a) organise a meeting with the community in order to inform the community on the activity, the scope of the participation and the benefit of the project to the community; (b) explain to the community the document containing obligations of both parties, the amount to be paid to the community, the period in which participants shall be paid, payment modalities and any other details relating to goods, works or services; (c) establish a list of community members committed to participate in the procurement proceedings and each of the community members shall affix the signature or fingerprint to that list; (d) identify a contact person for the procuring entity and require the community to elect or nominate a representative for purposes of communication and conducting other transaction processes between the procuring entity and the community; (e) avail technical equipment needed for the execution of the community project, where applicable; (g) in the supervision of works execution, use the procuring entity’s public officers, and may hire a consultant to offer technical assistance to the community, where appropriate; (h) require a participant to provide full identification and where applicable, the participants’ bank account where the payment may be deposited; or (i) engage a procurement agent or procurement service provider in accordance with regulation 32 to organise community participation, where the procuring entity is unable to do so. (2) Where there is a change of representatives under subregulation (1)(d), each party shall communicate the change to the other party
Sec.56. A procuring entity that calls for community participation shall appoint a project supervisor from within the procuring entity or a consultant where a procuring entity does not have the internal capacity to supervise the project.
Sec.57. (1) A procuring entity that intends to use the services of a community based service provider shall— (a) use the appropriate method provided under the Act and these Regulations; (b) post the invitation for bids to use the services of a community based service provider in at least two conspicuous public places and on the notice board of the procuring entity, within the community project implementation area; and (c) ensure that the community based service provider— (i) is registered with a non governmental organisation, cooperative society or any other recognised association in the Republic; (ii) has an office or members who are residents, within the community where the community project is implemented; (iii) has a bank account opened in the name of that community based service provider or a mobile payment service provider account; and (d) has a physical address. (2) A procuring entity may use pre-determined rates approach in which a community service provider shall bid for the goods, works or services to determine the successful bidder, where the goods, works or services are simplified. (3) The community based service provider shall prepare a monthly report during project implementation and submit a final report to the procuring entity on completion of the project. (4) For purposes of this regulation— “community based service provider” means organised community members intending to act as a service provider or contractor for a project or its component and may include community service organisations, non governmental organisations, community based organisation or registered organised community groups.
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Regulation 3 (extract)- (1)the Authority shall pay into the fund established by the community resource Board fifty percentum of the total revenue earned by the authority from animal Licence fees. provided that only a Community Resource Board established in an area in respect of which animal licences have been issued shall be paid. (2)the money referred to in sub-regulation (1) shall be paid to the Community Resource Board and the patrons in such proportions as are specified in the Schedule."
Schedule (extract)- (a) Community Resource Board = 45%; (b) Patron (the Chief) = 5%
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Section 15(1); A person shall not acquire a certificate of title in respect of any land in a National Park, Community Partnership Park, bird or wildlife sanctuary.(2) A person who contravenes subsection (1) commits and offense and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding one year.
Section 30(1); A person who holds any mining rights in, over, under or in respect of any land comprised in a Game Management Area may enter an exercise the mining right within the Game Management Area and to exercise that person's mining right upon compliance with any conditions which the Minister may impose...(3) A person to whom subsection (1) applies who enters a Game Management Area without giving prior notice to the Director or fails to comply with any conditions imposed by the Minister commits an offense and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment of for a term not exceeding six months or to both.
Section 127(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 offense and is liable, upon conviction- (a) for a first offense, to a term of imprisonment for not less than five years but not exceeding twenty years, without the option of a fine; and (b) for a second or subsequent offense, to a term of imprisonment of not less than ten years but not exceeding twenty-five years, without an option of a fine.
Section 128: A person who hunts in a National Park, Community Partnership Park, bird or wildlife sanctuary in contravention of this Act, is liable, upon conviction- (a) for the first offense, 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 offense, to a term of imprisonment of not less than five years but not exceeding fifteen years, without an option of a fine.
Section 129(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 130(1); A person who is in possession of, sells, buys, imports or exports, or attempts to sell, buy import or export, a protected animal or trophy or meat of a protected animal in contravention of this Act commits an offense and is liable, upon conviction, to an imprisonment , without an option for a fine, for a term of not less than five years but not exceeding ten years.
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."
Section 137 (extract)- "(1) An authorised officer may, where satisfied that a person has committed an offence for which the penalty does not exceed two hundred thousand penalty units or where a person has admitted the commission of an offence under this Act for which
the penalty does not exceed two hundred thousand penalty units, summarily demand from the person the payment of a fine not exceeding one hundred thousand penalty units in respect of the offence."
Section 138 (extract)- "(1) The court may, where a person is convicted of an offence, in addition to any other penalty provided for in this Act— (a) order the cancellation and surrender of the licence, permit, certificate or authorisation held by that person; (b) assess the amount of compensation for the loss or damage
caused by that person in the commission of the offence
and cause the compensation to be recovered from that
person as if it were a debt due and payable to the Government; (c) order the removal or demolition, within such time as the court may determine, of any unauthorised buildings, structures, machinery, equipment, crops and other works set up or grown by that person, and the restoration, as far as practicable, of all areas and things to their former state, and if the removal, demolition and restoration is not effected within the time fixed by the court, the Director shall cause it to be done and the cost incurred shall be recovered by the Director from the convicted person; or(d) order the confiscation or forfeiture of any wildlife, object, item or article in respect of which the offence was
committed and of any livestock, tools, machinery, equipment, vehicles or other property used in the commission of the offence."
Section 139; Where a person in convicted of an offense under this Act in respect of any game-pit, pitfall, trench or simila excavation, fence, enclosure or other devices fixed to the ground, which the person has made, used or had in possession of that person, for the purpose of hunting in contravention with the provisions of this Act, the Court shall, in addition to other punishment, order the game-pit, pitfall, trench or excavation, fence, enclosure to be devised in such a manner as the court may specify, and any expenditure incurred on account of that order shall be recoverable from that person as a civil debt to the Government.
Section 140 (extract)- "(1) "upon the conviction of any person of an offence under this Act, the court may, in addition to any other penalty imposed, declare any wild animal, trophy, prescribed trophy, nest, habitat, stone, vegetation, object, firearm, dart gun, ammunition, spear, bow, arrow explosive, snare, net trap, poison, bird-lime, gin, mist net, contrivance, missile, torch, flare, headlamp or other artificial light, vehicle, boat, aircraft or other conveyance with which the offence was committed, or which was used in, or for the purpose of, or in relation to, or in connection with, the commission of the offence, to be forfeited to the State without compensation and shall order the same to be disposed of as the State considers fit. "
Section 142 (extract)- "(1) Nothing in this Act shall be construed as taking away or interfering with the right of the Republic or any person to sue for and recover, at common law or otherwise, compensation for or in respect of any damage or injury caused by the commission of an
offence."