Parks and Wild Life Act
Parks and Wild Life Act
ARRANGEMENT OF SECTIONS
PART I
P RELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
PARKS AND WILD LIFE MANAGEMENT AUTHORITY
25. Purposes of botanical reserves and botanical gardens and powers and duties of Minister in relation thereto.
26. Botanical reserves and botanical gardens.
27. Buildings may be let in botanical reserves or botanical gardens.
28. Control of, introduction into or removal of plants from a botanical reserve or botanical garden.
29. Permit to introduce plants into or pick plants in a botanical reserve or botanical garden.
PART VI
S ANCTUARIES
35. Purposes of safari areas and powers and duties of Minister in relation thereto.
36. Safari areas.
37. Lease of sites and grant of hunting rights in safari areas.
38. Control of hunting in and removal of animals or animal products from a safari area and sale of animals or
animal products.
39. Permit to hunt in or remove animals or animal products from a safari area and to sell animals or animal
products.
PART VIII
RECREATIONAL P ARKS
40. Purposes of recreational parks and powers and duties of Minister in relation thereto.
41. Recreational parks.
42. Designation of land within recreational park which may be alienated or leased.
PART IX
S PECIALLY PROTECTED ANIMALS
59. Control of hunting, removal and sale of live animals and animal products.
60. Minister may prohibit or restrict hunting and removal of animals in defined areas.
61. Killing or injury of animals in self-defence.
62. Destruction of dogs.
63. Report of killing of animals or injury of animals other than dangerous animals.
64. Report of injury of dangerous animals.
65. Control of safaris.
66. Professional hunter’s licence.
67. Learner professional hunter’s licence.
68. Professional guide’s licence.
69. Minister may issue professional hunter’s, learner professional hunter’s and professional guide’s licence.
70. Lawful hunter may ask other hunter to produce authority.
71. Prohibition of sale of meat of animal unlawfully hunted.
72. Sale of animal born or hatched and held in captivity.
73. Sale and manufacture of articles from trophies.
74. Purchase of live animals and trophies.
75. General permit to sell live animal or trophy.
76. Declaration of trophy.
PART XIII
P ROTECTION OF ANIMALS A ND INDIGENOUS P LANTS ON ALIENATED LAND
77. Minister may declare protected animals or plants or cessation of hunting of animals and picking of plants,
authorize reduction of animals and specify hunting periods.
78. Powers of conservation committees and Natural Resources Board.
79. Conservation committee may order cessation of hunting.
80. Problem animals.
81. Obstruction, etc., of conservation committee and Natural Resources Board.
PART XIV
FISH C ONSERVATION
107. [Repealed]
108. Appointment of appropriate authority.
109. [Repealed]
110. Powers of officers and employees to hunt animals on alienated land.
111. [Repealed]
112. Personation.
113. Obstruction.
114. Limitation of liability.
115. [Repealed]
116. [Repealed]
PART XVII
GENERAL
AN ACT to establish a Parks and Wild Life Board; to confer functions and impose duties on the
Board; to provide for the establishment of national parks, botanical reserves, botanical gardens,
sanctuaries, safari areas and recreational parks; to make provision for the preservation, conservation,
propagation or control of the wild life, fish and plants of Zimbabwe and the protection of her natural
landscape and scenery; to confer privileges on owners or occupiers of alienated land as custodians of
wild life, fish and plants; to give certain powers to intensive conservation area committees; and to
provide for matters incidental to or connected with the foregoing.
[Date of commencement: 1st November, 1975.]
PART I
P RELIMINARY
1 Short title
This Act may be cited as the Parks and Wild Life Act [Chapter 20:14].
2 Interpretation
In this Act—
“alienated land” means—
(a) private land; or
(b) State land held in terms of an agreement of purchase or lease; or
(c) trust land held in terms of an agreement of lease;
“animal” means any kind of vertebrate animal and the eggs and young thereof, whether live or dead, other
than domestic animals and fish;
“appointed day” means the 2nd February, 1979;
“appropriate authority”—
(a) in relation to any land, means—
(i) in the case of alienated land—
A. the owner thereof; or
B. where the land is held under an agreement of purchase or lease, the purchaser or
lessee unless the agreement otherwise provides;
and includes any person appointed to be an appropriate authority for the land by such
owner, purchaser or lessee, as the case may be;
(ii) the case of unalienated land which is—
A. forest land, the Forestry Commission;
B. parks and wild life land or State land other than forest land, the Authority;
[Definition amended by Act 19 of 2001]
C. an area of Communal Land for which the Minister has, in terms of section one
hundred and eight, appointed a rural district council to be the appropriate authority,
that rural district council;
D. an area of Communal Land not referred to in subparagraph C, the Minister;
(b) in relation to any waters, means—
(i) the person specified in a notice made in terms of section eighty-three as the appropriate
authority for such waters; or
(ii) if no person has been specified in a notice made in terms of section eighty-three as the
appropriate authority for such waters, the appropriate authority for the land riparian to
such waters;
“Authority” means the Parks and Wild Life Management Authority established by section three;
[Definition inserted by Act 19 of 2001
“authority in terms of this Act” means an authority, permit or licence in terms of this Act;
“Board” means the Parks and Wild Life Management Authority Board referred to in section five;
[Definition amended by Act 19 of 2001]
“botanical garden” means a botanical garden constituted in terms of Part V;
“botanical reserve” means a botanical reserve constituted in terms of Part V;
“by-laws” means by-laws made in terms of section one hundred and twenty-nine;
[Definition inserted by Act 19 of 2001]
“Committee” …..
[Definition repealed by Act 19 of 2001]
“conservation committee” means—
(a) a conservation committee appointed for an intensive conservation area in terms of the Natural
Resources Act [Chapter 20:13]; or
(b) a rural district council declared to be a conservation committee for a council area in terms of the
Rural District Councils Act [Chapter 29:13];
“dangerous animal” means an animal declared to be a dangerous animal in terms of section one hundred and
twenty-one;
“dealer in specially protected indigenous plants” means any person who sells specially protected indigenous
plants in the ordinary course of his business in a shop, stall or other fixed place of business;
“Department” . . . . . .
[Definition repealed by Act 19 of 2001]
“designated animal” means an animal declared in terms of section thirty-one to be a designated animal in a
sanctuary;
“Director General” and ”Director” means the Director-General or any Director of the Authority appointed in
terms of section ten;
[Definition amended by Act 19 of 2001]
“employee” means an employee of the Authority designated as an officer in terms of section eleven;
[Definition amended by Act 19 of 2001]
“fish” includes vertebrate fish, and aquatic molluscs and crustaceans, both indigenous and non-indigenous,
but does not include the bilharzia snail (Biomphalaria pfeifferi and Bulinus Physopsis globusus) and the
liver fluke snail (Lymnea natalensis);
“fishing-net” means any gill-net, seine-net, draw-net or ring-net, including the open-work material knotted or
otherwise formed into meshes which is used to manufacture such nets or any other nets designed or
adapted for catching fish, but does not include a throw-net, landing-net or keep-net normally used by
fishermen;
“honorary officer” . . . . . .
[Definition repealed by Act 19 of 2001]
“horn” includes rhinoceros horn;
“hotel” includes a motel or a boatel;
“hunt” means—
(a) to kill, injure, shoot at or capture; or
(b) with intent to kill, injure, shoot at or capture, to wilfully disturb or molest by any method; or
(c) with intent to kill, injure, shoot at or capture, to lie in wait for, follow or search for;
“indigenous plant” means any plant indigenous to Zimbabwe whether or not it is or has been cultivated or
whether it is or is no longer growing in the wild state or has from time to time not been growing in the
wild state, and includes any part of such plant but does not include any weed;
“inspector” means an employee of the Authority designated as an inspector in terms of section eleven;
[Definition amended by Act 19 of 2001]
“Inyanga Estates” . . . . . .
[Definition repealed by Act 19 of 2001]
“Inyanga Fund” . . . . . .
[Definition repealed by Act 19 of 2001]
“ivory” means elephant ivory which is a trophy;
“jig” means any contrivance, other than a conventional line, to which more than two hooks are attached and
which is used for jigging;
“jigging” means capturing or attempting to capture fish by dragging or jerking in water, in a manner
designed to foul-hook the fish, one or more unbaited hooks attached to a line or other fishing device;
“learner professional hunter’s licence” means a learner professional hunter’s licence issued in terms of
section sixty-nine;
“local authority” means a municipal council, town council, local board or rural district council;
“Matopos Estates” . . . . . .
[Definition repealed by Act 19 of 2001]
“Matopos Fund” . . . . . .
[Definition repealed by Act 19 of 2001]
“meat” means the flesh, including the fat, of any animal, whether fresh, dried or tinned or otherwise
preserved;
“member” means a member of the Board;
“Minister” means the Minister of Environment and Tourism or any other Minister to whom the President
may, from time to time, assign the administration of this Act;
“national park” means a national park constituted in terms of Part IV;
“night” means the space of time between half-an-hour after sunset and half-an-hour before sunrise;
“occupier”, in relation to land, means the person in lawful occupation of the land who has the right to
exercise general control over the land and resides thereon;
“officer” means an employee of the Authority designated as an officer in terms of section eleven;
[Definition amended by Act 19 of 2001]
“park area” means any botanical garden, botanical reserve, national park, recreational park, safari area or
sanctuary;
“Parks and Wild Life Estate” means the Parks and Wild Life Estate specified in section seventeen;
“parks and wild life land” means parks and wild life land specified in section eighteen
“pick” includes cut, take, gather, pluck, uproot, break, remove, damage or destroy;
“plant” means any vegetation;
“prescribed road” means a road declared to be a prescribed road in terms of section one hundred and twenty-
two;
“private land” means land the ownership of which is vested in any person other than the President;
“problem animal” means an animal declared to be a problem animal in terms of section eighty;
“professional guide’s licence” means a professional guide’s licence issued in terms of section sixty-nine;
“professional hunter’s licence” means a professional hunter’s licence issued in terms of section sixty-nine;
“protected animal” means an animal declared to be a protected animal on land in terms of subparagraph (i) of
paragraph (a) of subsection (1) of section seventy-seven;
“protected indigenous plant” means an indigenous plant declared to be a protected indigenous plant on land
in terms of subparagraph (i) of paragraph (a) of subsection (1) of section seventy-seven;
“purchase” includes barter or exchange;
“recreational park” means a recreational park constituted in terms of Part VIII;
“registered dealer in or manufacturer of fishing nets” means a person who is registered as a dealer in or
manufacturer of fishing nets in terms of section ninety-two;
“regulations” means regulations made in terms of section one hundred and twenty-nine;
[Definition inserted by Act 19 of 2001]
“remove” includes drive or entice;
“Rhodes Estates”…..
[Definition repealed by Act 19 of 2001]
“safari area” means a safari area constituted in terms of Part VII;
“sanctuary” means a sanctuary constituted in terms of Part VI;
“sell” includes—
(a) barter, exchange or hawk; or
(b) offer, keep, possess or expose for sale;
“specially protected animal” means any animal declared in terms of Part IX to be a specially protected
animal;
“specially protected indigenous plant” means any indigenous plant declared to be a specially protected
indigenous plant in terms of Part X;
“State land” means land vested in the President other than Communal Land or trust land vested in the
President;
“State trophy” means anything which in terms of this Act is deemed or declared to be a State trophy;
“trophy” means—
(a) any horn, ivory, tooth, tusk, bone, claw, hoof, hide, skin, hair or other durable portion
whatsoever of any animal, whether processed or not, which is recognizable as the durable
portion of any animal; and
(b) the egg of any animal; and
(c) any thing of which the durable portion of any animal forms a part, which is declared to be a
trophy in terms of section seventy-six;
“trust land” means any land, other than Communal Land held in trust by the President or a statutory body or
by a person, whether solely or jointly with others, by virtue of his being the holder of some office in a
statutory body;
“unalienated land” means—
(a) forest land; or
(b) State land which is not forest land and which is not held under an agreement of purchase or
lease;
(c) Communal Land;
“water installation” means a canal, channel, reservoir, embankment, weir, dam, borehole, well, pipeline,
pumping plant, filterbed, filter, purification plant, machinery, appliance, apparatus, fitting or accessory
or anything constructed, erected or used for or in connection with the impounding, storage, passage,
drainage, control or abstraction of water, the development of water power, the filtration or purification of
water, the use of water or the conservation of rainfall;
“waters” means any river, stream, watercourse, lake, swamp, pond, dam, reservoir, pan, furrow or other
collection of water, whether natural or artificial, together with the foreshores or banks thereof, but does
not include—
(a) water in aquaria or ornamental ponds unconnected with any natural water; or
(b) water the sole and exclusive use of which under any law belongs to any person;
“weed” means any plant defined as a noxious weed in terms of section 2 of the Noxious Weed Act [Chapter
19:07];
“wild life” means all forms of animal life, vertebrate and invertebrate, which are indigenous to Zimbabwe,
and the eggs or young thereof other than fish.
PART II
PARKS AND WILD LIFE MANAGEMENT AUTHORITY
(Part II sections 3 – 11 substituted by Act 19 of 2001]
3 Establishment of Parks and Wild Life Management Authority
There is hereby established a body corporate, to be known as the Parks and Wild Life Management
Authority, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to
this Act, of performing all acts that bodies corporate may by law perform.
4 Functions of Parks and Wild Life Management Authority
(1) Subject to this Act, the functions of the Authority shall be—
(a) to control, manage and maintain national parks, botanical reserves and botanical gardens, sanctuaries,
safari areas and recreational parks for the purposes set out in subsection (1) of section twenty-one,
subsection (1) of section twenty-five, subsection (1) of section thirty, subsection (1) of section thirty-five
and subsection (1) of section forty, respectively, and, so far as is reasonable, practicable and compatible
with such purposes, to provide facilities for visitors thereto;
(b) to examine and report to the Minister from time to time upon—
(i) the policy which should be adopted to give effect to the objects and purposes of this Act; and
(ii) the conservation and utilisation of the wild life resource of Zimbabwe; and
(iii) the conservation and utilisation of the fish resource of Zimbabwe; and
(iv) the preservation and protection of natural landscapes, wild life and plants and the natural
ecological stability of wild life and plant communities in national parks; and
(v) the preservation and protection of rare or endangered plant communities growing naturally in the
wild in botanical reserves; and
(vi) the propagation and cultivation of exotic and indigenous plants in botanical gardens; and
(vii) the protection of animals or particular species of animals in sanctuaries; and
(viii) the preservation and protection of the natural habitat and wild life in safari areas and the
facilities and opportunities given to the public for camping, hunting, fishing, photography,
viewing of animals, bird watching and such other pursuits that may be permitted therein in terms
of this Act; and
(ix) the preservation and protection of the natural features of recreational parks; and
(x) plans for the development of national parks, botanical reserves, botanical gardens, sanctuaries,
safari areas and recreational parks;
taking into account in particular the geography and geology of each area reported upon, research and management
therein, the enjoyment, education, inspiration, benefit and recreation afforded to the public thereby, progress in
implementation of land use in surrounding areas;
(c) to determine whether the President should exercise any of his powers in terms of subsection (2) of
section twenty-two, subsection (2) of section twenty-six, subsection (2) of section thirty-one, subsection
(2) of section thirty-six or subsection (2) of section forty-one;
(d) to investigate any matter relating to the use or occupation of the Parks and Wild Life Estate and to make
a recommendation thereon to the President where it considers such use or occupation is inconsistent
with this Act; and
(e) to do such other things, not inconsistent with this Act, as may be required by the Minister;
(f ) to exercise any other function assigned to the Authority by or under this Act or any other enactment.
(2) In the exercise of its functions referred to in subsection (1) the Authority shall, when examining and
reporting upon any particular national park, botanical reserve, botanical garden, sanctuary, safari area or
recreational park, have regard to the policy determined by the Minister in respect thereof.
(3) The Authority shall not recommend to the President that he exercise his powers to constitute any land a
park area or a part thereof where the recommendation relates to land which is —
(a) forest land, unless the Minister responsible for the administration of the Forest Act [Chapter 19:05] has
been consulted;
(b) Communal Land, unless the Minister responsible for the administration of the Communal Land Act
[Chapter 20:04] has been consulted;
(c) within the area under the jurisdiction of a local authority, unless the local authority has been consulted.
(4) Where any recommendation has been made to him in terms of paragraph (d) of subsection (1) the
President may—
(a) direct any Minister to take such action as may be necessary to comply with the recommendation of the
Authority; or
(b) reject the recommendation and, in such event, the reasons therefor shall be communicated in writing to
that Authority.
(5) Subject to this Act, for the better exercise of its functions the Authority shall have power to do or cause
to be done, either by itself or through its agents, all or any of the things specified in the Eleventh Schedule, either
absolutely or conditionally and either solely or jointly with others.
5 Establishment and composition of Parks and Wild Life Management Authority Board
(1) The operations of the Authority shall, subject to this Act, be controlled and managed by a board to be
known as the Parks and Wild Life Management Authority Board.
(2) The Board shall consist of not fewer than six members and not more than twelve members appointed by
the Minister, after consultation with the President and subject to such directions as the President may give, for
their ability and experience in matters relating to wild life conservation or for their suitability otherwise for
appointment.
(3) Of the members appointed in terms of subsection (2)—
(a) five shall be chosen for their experience or professional qualifications in the following fields or areas of
competence —
(i) wild life conservation; and
(ii) environmental conservation; and
(iii) tourism; and
(iv) financial and business management; and
(v) human resources management;
and
(b) one shall be a legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07].
(4) The Twelfth Schedule shall apply to the qualifications of members of the Board, their terms and
conditions of office, vacation of office, suspension and dismissal, and to the procedure to be followed by the
Board at its meetings.
6 Minister may give Board policy directions
(1) Subject to subsections (2) and (3), the Minister may give the Board such directions of a general
character relating to the policy which the Authority is to observe in the exercise of its functions, as the Minister
considers to be requisite in the national interest.
(2) Before giving the Board a direction in terms of subsection (1), the Minister shall inform the Board, in
writing, of the proposed direction and the Board shall, within thirty days or such further period as the Minister
may allow, submit to the Minister, in writing, its views on the proposal and the possible effects which the proposal
may have on the finances and other resources of the Authority.
(3) Where the Board maintains, in its views submitted to the Minister in terms of subsection (2), that the
proposed direction will have a material effect on the finances of the Authority, the Minister shall not proceed to
give the direction until he has consulted the Minister responsible for finance.
(4) The Board shall, with due expedition, comply with any direction given to it in terms of subsection (1).
(5) When any direction has been given to the Board in terms of subsection (1), the Board shall ensure that
any direction and any views it has expressed thereon in terms of subsection (2), are set out in the Authority’s
annual report.
7 Minister may direct Board to reverse, suspend or rescind its decisions or actions
(1) Subject to subsection (2), where the Minister, after consultation with the President, is of the view on
reasonable grounds that any decision or action of the Board is not in the national or public interest, the Minister
may direct the Board in writing to reverse, suspend or rescind such decision or to reverse, suspend or rescind such
action.
(2) Before making any direction in terms of subsection (1), the Minister shall inform the Board in writing
of his intention to do so, setting out the purport of the proposed direction and his grounds for making it, and the
Board may, within fourteen days of being so informed, make written representations to the Minister on the matter.
(3) The Board shall, with due expedition, comply with any direction given to it in terms of subsection (1).
8 Execution of contracts and instruments by Authority
Any agreement, contract or instrument approved by the Board may be entered into or executed on behalf of
the Authority by any persons generally or specially authorised by the Board for that purpose.
9 Reports of Authority
(1) In addition to the annual report which the Authority is required to submit to the Minister in terms of
paragraph 18 of the Twelfth Schedule of the Audit and Exchequer Act [Chapter 22:03], the Authority—
(a) shall submit to the Minister such other reports as the Minister may require; and
(b) may submit to the Minister such other reports as the Authority considers advisable;
in regard to the operations and property of the Authority.
(2) The Minister shall, within six months of the end of the Authority’s financial year, lay before Parliament
the annual report of the Authority and any report submitted to him in terms of subsection (1), together with the
statement of accounts and auditor’s report for the preceding financial year of the Authority referred to in sections
sixteen and sixteen A.
10 Appointment and functions of Director-General and Directors of Authority
(1) For the better exercise of the functions of the Authority, the Board shall appoint for a fixed term of
office, and on such other terms and conditions as the Board may fix, a person to be the Director-General of the
Authority and such number of persons to be Directors of the Authority as may be necessary to assist the Director-
General in the performance of his functions.
(2) Without the authority of the Minister, no person shall be appointed as Director-General or as Director
and no person shall be qualified to hold office if¾
(a) he is not a citizen of Zimbabwe; or
(b) he has been adjudged or otherwise declared insolvent or bankrupt in terms of a law in force in any
country, and has not been rehabilitated or discharged; or
(c) he has made an assignment to or arrangement or composition with his creditors in terms of a law in
force in any country, and the assignment, the arrangement or composition has not been rescinded or set
aside; or
(d) within the period of five years immediately preceding his proposed appointment, he has been
sentenced¾
(i) in Zimbabwe, in respect of an offence involving dishonesty; or
(ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have
constituted an offence involving dishonesty.
(3) A Director-General or Director shall vacate his office and his office shall become vacant¾
(a) one month after the date he gives notice in writing to the Board of his intention to resign his office or
after the expiry of such other period of notice as he and the Minister may agree; or
(b) on the date he begins to serve a sentence of imprisonment in Zimbabwe or in any other country.
(4) The Board may require a Director-General or Director to vacate his office if he—
(a) has been guilty of conduct which renders him unsuitable to continue to hold office;
(b) has failed to comply with any condition of is office;
(c) has ceased to possess any qualification by reason of which he was appointed;
(d) is mentally or physically incapable of efficiently performing his duties;
(e) or his spouse engages in any occupation, service or employment, or holds any asset, which in the
Board's opinion is inconsistent with his duties.
(5) The Director-General shall, subject to the direction of the Board, be responsible for—
(a) supervising, managing and controlling the operations of the Authority;
(b) carrying out any directions given to him by the Board; and
(c) performing such other functions as the Board may assign to him or as may be conferred or imposed
upon him by or under this Act or any other enactment.
(6) An assignment of functions in terms of paragraph (c) of subsection (5)—
(a) may be made generally or specially and subject to such conditions, restrictions, reservations and
exceptions as the Board may determine;
(b) may be revoked by the Board at any time;
(c) shall not preclude the Board itself from exercising the functions.
(7) The Director-General may, with the consent of the Board, delegate to Directors such of the powers and
duties conferred upon or delegated to him in terms of this Act as he thinks fit.
(8) All powers and duties delegated to Director by the Director-General shall be exercised subject to the
directions of the Director-General.
(9) The Board may engage persons otherwise than as employees, to perform services of a specialised,
technical or professional nature for the Authority.
(10) The Director-General shall be an ex officio member of the Board and shall act as its secretary but he
shall not have a vote on any question before the Board.
(11) Any remuneration, allowances, pensions and other benefits to which the Director-General and any
Director is entitled shall be chargeable to the funds of the Authority.
11 Appointment of other staff of Authority
(1) The Director-General may, on behalf of and with the concurrence of the Authority, employ, on such
terms and conditions as he may determine, such officers, inspectors or other employees as may be necessary for
the purpose of exercising the powers and performing the duties conferred and imposed upon officers, inspectors
and employees in terms of this Act, and generally for the conduct of the affairs of the Authority, and may suspend,
discipline or discharge any such persons.
(2) An officer, inspector or employee shall be furnished with a certificate signed by or on behalf of the
chairman of the Board which shall state that the holder has been designated as an officer, inspector or employee
for the purposes of this Act.
(3) An officer, inspector or employee exercising any power or performing any duty conferred or imposed
upon him in terms of this Act or about to do so shall, on demand by any person concerned, produce the certificate
issued to him in terms of subsection (2).
(4) The Director-General may delegate to officers, inspectors and employees such of the powers conferred
upon him in terms of this Act as it thinks fit.
(5) Any remuneration, allowances, pensions and other benefits to which officers, inspectors or other
employees of the Authority are entitled shall be chargeable to the funds of the Authority.
[Sections 3 – 11 substituted by Act 19 of 2001]
PART IIA
F INANCIAL P ROVISIONS
12 Funds of Authority
The funds of the Authority shall consist of—
(a) all fees payable in terms of this Act and the proceeds from the sale of any State trophies; and
(b) fines and amounts payable in terms of sections one hundred and three and one hundred and four; and
(c) such moneys as may be payable to the Authority from moneys appropriated for the purpose by Act of
Parliament; and
(d) such other moneys as may vest in or accrue to the Authority, whether in the course of its operations or
otherwise.
13 Financial year of Authority
The financial year of the Authority shall be the period of twelve months ending on the 31st December in
each year.
14 Annual programmes and budgets of Authority
(1) On or before such date before the beginning of every financial year as the Minister may direct, the
Board shall prepare and submit to the Minister for his approval—
(a) a programme of the projects and activities which the Board intends the Authority to undertake during
that financial year; and
(b) a budget showing the expenditure which the Board proposes that the Authority will incur in respect of
that financial year.
(2) During any financial year the Board may submit to the Minister for his approval a supplementary
budget relating to expenditure which¾¾
(a) was not, for good reason, provided for in the annual budget; or
(b) was inadequately provided for in the annual budget due to unforeseen circumstances.
(3) A supplementary budget approved by the Minister shall be deemed to form part of the annual budget of
the Authority for the financial year to which it relates.
(4) The Board shall furnish the Minister with such additional information in regard to any budget submitted
under subsection (1) or (2) as the Minister may require.
(5) In approving any budget under this section the Minister may impose such terms and conditions as he
considers to be necessary or desirable.
(6) With the approval of the Minister, the Board may vary a budget approved under this section:
Provided that no variation may be made which has the effect of increasing the total amount of expenditure
provided for in the budget.
(7) The Minister may withdraw, vary or modify his approval of any budget under this section or any of the
terms and conditions of such approval.
15 Investment of moneys not immediately required by Authority
Moneys not immediately required by the Authority may be invested in such manner as the Board, in
consultation with the Minister, may approve.
16 Accounts of Authority
(1) The Board shall ensure that proper accounts and other records relating to such accounts are kept in
respect of all the Authority’s activities, funds and property, including such particular accounts and records as the
Minister may direct.
(2) Not later than three months after the end of each financial year of the Authority, the Authority shall
prepare and submit to the Minister a statement of accounts in respect of that financial year or such other period as
the Minister may direct.
[Sections 12 – 16 substituted by Act 19 of 2001]
16A Audit of Authority’s accounts
(1) Subject to the Audit and Exchequer Act [Chapter 22:03], the Authority shall appoint as auditors one or
more persons approved by the Minister who are registered as public auditors in terms of the Public Accountants
and Auditors Act [Chapter 27:12].
(2) The accounts kept by the Authority in terms of subsection (1) of section sixteen shall be examined by
the auditors appointed in terms of subsection (1).
(3) The auditors appointed in terms of subsection (1) shall make a report to the Board and the Minister on
the statement of accounts prepared in terms of subsection (2) of section sixteen and such report shall state whether
or not in their opinion the statement of accounts gives a true and fair view of the Authority’s affairs.
(4) In addition to the report referred to in subsection (3), the Minister may require the Board to obtain from
its auditors appointed in terms of subsection (1) such other reports, statements or explanations in connection with
the Authority’s operations, funds and property as the Minister may consider expedient, and the Board shall
forthwith comply with any such requirement.
16B Powers of auditors
(1) An auditor referred to in section sixteen A shall be entitled at all reasonable times to require to be
produced to him all accounts and other records relating to such accounts which are kept by the Authority or its
agents and to require from any member of the Board or employee or agent of the Authority such information and
explanations as in the auditor’s opinion are necessary for the purposes of his audit.
(2) Any member of the Board or employee or agent of the Authority who fails without just cause to comply
with a requirement of an auditor in terms of subsection (1) shall be guilty of an offence and liable to a fine not
exceeding five thousand dollars or to imprisonment for a period not exceeding three months or to both such fine
and such imprisonment.
16C Internal auditor
Section 19 of the Audit and Exchequer Act [Chapter 22:03] shall apply, mutatis mutandis, to the
appointment of an internal auditor to the Authority in all respects as if the Authority were a department of the
Ministry for which the Minister is responsible.
[Sections 16A – 16C inserted by Act 19 of 2001]
PART III
P ARKS AND WILD L IFE ESTATE A ND PARKS AND WILD LIFE LAND
PART V
B OTANICAL R ESERVES AND B OTANICAL G ARDENS
25 Purposes of botanical reserves and botanical gardens and powers and duties of Minister in
relation thereto
(1) The purposes for which botanical reserves are or may be constituted in terms of this Act shall be to
preserve and protect rare or endangered indigenous plants or representative plant communities growing naturally
in the wild for the enjoyment, education and benefit of the public.
(2) The purposes for which botanical gardens are or may be constituted in terms of this Act shall be to
propagate and cultivate exotic and indigenous plants for the enjoyment, education and benefit of the public.
(3) . ……
[Subsection repealed by Act 19 of 2001]
(4) The Authority shall, with the concurrence of the Minister and subject to this Act, have power in respect
of botanical reserves and botanical gardens to take such measures and to do such things which he considers
necessary or desirable to give effect to subsections (1), (2) and (3).
[Subsection amended by Act 19 of 2001]
(5) Where he considers it necessary or desirable in the circumstances of a particular botanical reserve or
botanical garden the Minister may, on the recommendation of, or after consultation with, the Authority, and after
consultation with any other Minister, by notice in a statutory instrument, cede the Authority’s powers, functions
and duties in relation to that botanical reserve or botanical garden to any other Minister who shall thereafter have
in relation to the botanical reserve or botanical garden concerned all the powers, functions and duties which are
conferred or imposed upon the Authority in terms of this Act.
[Subsection substituted by Act 19 of 2001]
(6) The Minister may, with the consent of the Minister to whom a cession in terms of subsection (5) has
been made, at any time, by notice in a statutory instrument, revoke the cession.
(7) Where any cession has been revoked in terms of subsection (6)—
(a) the powers, functions and duties which were ceded shall revert to the Authority; and
(b) the revocation shall not affect any thing done in terms of the cession and any such thing shall be deemed
to have been done by the Authority.
[Subsection amended by Act 19 of 2001]
29 Permit to introduce plants into or pick plants in a botanical reserve or botanical garden
The Authority, with the concurrence of the Minister, may issue a permit authorizing the holder thereof—
(a) to introduce any plant into or pick any plant in a botanical reserve:
Provided that no such permit shall authorize—
(a) the introduction of any plant of a species not native to such reserve;
(b) the picking of a plant unless such picking is necessary, whether for export or otherwise, for—
(i) scientific purposes; or
(ii) providing specimens for a museum, herbarium or similar institution; or
(iii) introduction into another botanical reserve, botanical garden or similar such place or into
horticulture; or
(iv) purposes connected with the management and control of such reserve;
(b) to introduce any plant into or pick any plant in a botanical garden for any purpose specified in the
permit.
[Subsection amended by Act 19 of 2001]
PART VI
S ANCTUARIES
34 Permit to hunt in or remove animals or animal products from a sanctuary and to sell animals
or animal products
Subject to this Act, the Authority, with the concurrence of the Minister, may issue a permit to any person
to—
[Subsection substituted by Act 19 of 2001]
(a) hunt any animal in a sanctuary; or
(b) remove any animal or any part of an animal from a sanctuary; or
(c) sell any animal or any part of an animal which has been hunted in or has died in or has been removed
from a sanctuary:
Provided that the Authority shall not issue any such permit—
(a) to hunt or remove any designated animal or any part of such animal unless it is satisfied that the
hunting or removal is necessary for—
(i) scientific purposes; or
(ii) the protection of human life or property;
(b) to hunt or remove any animal or any part of an animal other than a designated animal unless it is
satisfied that the hunting or removal is necessary for—
(i) scientific purposes; or
(ii) educational purposes; or
(iii) providing specimens for a museum, zoological garden or similar institution; or
(iv) the taking of animals live for the purpose of export or restocking; or
(v) the management and control of animal populations; or
(vi) the protection of human life or property; or
(vii) any other purpose which, in the opinion of the Authority, is in the interests of the
conservation of animals.
[Subsection amended by Act 19 of 2001]
PART VII
S AFARI AREAS
35 Purposes of safari areas and powers and duties of Minister in relation thereto
(1) The purposes for which safari areas are or may be constituted under this Act shall be to preserve and
protect the natural habitat and the wild life therein in order that facilities and opportunities may be afforded to the
public for camping, hunting, fishing, photography, viewing of animals, bird-watching or such other pursuits that
may be permitted therein in terms of this Act.
(2) . . . . . .
[Subsection repealed by Act 19 of 2001]
(3) The Authority shall, with the concurrence of the Minister and subject to this Act, have power in respect
of safari areas to take such measures and to do such things which he considers necessary or desirable to give effect
to subsections (1) and (2).
[Subsection amended by Act 19 of 2001]
36 Safari areas
(1) Each of the areas described in the Fourth Schedule is hereby constituted a safari area which shall be
known by the name specified in the Fourth Schedule.
(2) Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory
instrument, amend the Fourth Schedule for the purpose of—
(a) constituting a new safari area and specifying the name thereof;
(b) changing the name of any safari area;
(c) adding any area to a safari area;
(d) subtracting any area from a safari area;
(e) abolishing any safari area.
[Subsection amended by Act 19 of 2001]
(3) No land shall be constituted as a safari area or as part of a safari area in terms of subsection (2) unless it
is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.
37 Lease of sites and grant of hunting rights in safari areas
The Authority, with the concurrence of the Minister, may—
(a) lease sites in a safari area to such persons and for such purposes as it deems fit;
(b) grant hunting or other rights over or in a safari area to such persons as he deems fit;
subject to such terms and conditions as he may impose:
Provided that—
(a) the period of a lease in terms of paragraph (a) shall not exceed twenty-five years;
(b) the period of hunting or other rights in terms of paragraph (b) shall not exceed ten years;
(c) a grant of hunting or other rights in terms of paragraph (b) shall not prohibit persons from entering into
the safari area concerned for purposes other than those for which the rights have been granted.
[Subsection amended by Act 19 of 2001]
38 Control of hunting in and removal of animals or animal products from a safari area and sale
of animals or animal products
(1) No person shall—
(a) hunt any animal in a safari area; or
(b) remove any animal or any part of an animal from a safari area; or
(c) sell any animal or any part of an animal which has been hunted in or which has died in or which has
been removed from a safari area;
except in terms of—
(i) such regulations as may be prescribed for such safari area; or
(ii) a permit issued in terms of section thirty-nine.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such
imprisonment
[Subsection amended by section 4 of Act 22 of 2001]
39 Permit to hunt in or remove animals or animal products from a safari area and to sell
animals or animal products
(1) Subject to this Act, the Authority, with the concurrence of the Minister, may issue a permit—
(a) to any person to—
(i) hunt any animal in a safari area; or
(ii) remove any animal or any part of an animal from a safari area; or
(iii) sell any animal or any part of an animal which has been hunted in or which has died in or which
has been removed from a safari area:
Provided that the Authority shall not issue any such permit to hunt or remove any animal or any
part of an animal unless it is satisfied that the hunting or removal is necessary for—
(a) scientific purposes; or
(b) educational purposes; or
(c) providing specimens for a museum, zoological garden or similar institution; or
(d) the taking of animals live for the purpose of export or restocking; or
(e) the management and control of animal populations; or
(f ) the protection of human life or property; or
(g) any other purpose which, in the opinion of the Authority, is in the interests of the conservation of
animals.
(b) to any person as the guest of the State to—
(i) hunt any animal in a safari area; or
(ii) remove any animal or any part of an animal from a safari area; or
(iii) sell any animal or any part of an animal which has been hunted in or which has died in or which
has been removed from a safari area.
(2) A permit issued in terms of subsection (1) may authorize the holder thereof to allow any person
nominated by him to do in his stead, but subject to his direction or the direction of his deputy, anything which the
holder may do in terms of the permit.
PART VIII
RECREATIONAL P ARKS
40 Purposes of recreational parks and powers and duties of Minister in relation thereto
(1) The purposes for which recreational parks are or may be constituted under this Act shall be to preserve
and protect the natural features therein for the enjoyment, benefit and recreation of the public.
(2) . . . . . .
[Subsection repealed by Act 19 of 2001]
(3) The Authority shall, with the concurrence of the Minister and subject to this Act, have power in respect
of recreational parks to take such measures and to do such things which he considers necessary or desirable to
give effect to subsections (1) and (2).
[Subsection amended by Act 19 of 2001]
41 Recreational parks
(1) Each of the areas described in the Fifth Schedule is hereby constituted a recreational park which shall be
known by the name specified in the Fifth Schedule.
(2) Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory
instrument, amend the Fifth Schedule for the purpose of—
(a) constituting any new recreational park and specifying the name thereof;
(b) changing the name of any recreational park;
(c) adding any area to a recreational park;
(d) subtracting any area from a recreational park;
(e) abolishing any recreational park.
(3) No land shall be constituted as a recreational park or as part of a recreational park in terms of subsection
(2) unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.
[Subsection amended by Act 19 of 2001]
(4) Any notice made in terms of subsection (2) shall be laid before Parliament as soon as may be after it has
been published in a statutory instrument and, if a resolution is passed within the next twenty-eight days on which
Parliament has sat next after the notice is laid before it requesting the Minister to rescind or vary the notice, it
shall forthwith be rescinded or varied, as the case may be, by further notice in a statutory instrument, but without
prejudice to the validity of anything previously done thereunder.
42 Designation of land within recreational park which may be alienated or leased
(1) Subject to subsections (2) and (3), the Minister, on the recommendation of the Authority may, by notice
in a statutory instrument, designate within a recreational park any area or areas of land which may be alienated or
leased for the erection of hotels, restaurants, rest camps, caravan parks, camping grounds, shops, service stations
and other buildings and facilities for the accommodation, recreation, enjoyment or convenience of visitors or for
such other purpose as he deems fit and may in like manner revoke such designation.
[Subsection amended by Act 19 of 2001]
(2) The layout of any development within a designated area referred to in subsection (1) shall be approved
in terms of the Regional, Town and Country Planning Act [Chapter 29:12].
(3) No notice revoking any designated area referred to in subsection (1) shall affect the right of any person
who, before the date of such revocation, acquired title to or a lease over any land therein.
(4) Notwithstanding the alienation or lease of any land within a designated area referred to in subsection (1)
such land shall continue to form part of the recreational park concerned.
PART IX
S PECIALLY PROTECTED ANIMALS
PART XI
INDIGENOUS P LANTS
58 Appointment of commissioner
(1) If a person upon whom a notice has been served in terms of subsection (1) or (2) of section fifty-seven
requests an inquiry within thirty days after such notice, the Authority shall, within twenty-one days of such
request, refer the matter for inquiry to a commissioner appointed by the Authority for the purpose.
[Subsection amended by Act 19 of 2001]
(2) For the purposes of an inquiry held in terms of subsection (1), the Authority may appoint as a
commissioner any person who—
(a) is or is qualified to be a registered legal practitioner; or
(b) in the opinion of the Authority has knowledge and experience in the preservation, conservation,
propagation or control of indigenous plants.
[Subsection amended by Act 19 of 2001]
(3) A commissioner appointed in terms of subsection (1) shall—
(a) subject to any regulations made in terms of section one hundred and twenty-nine, conduct due inquiry
into the matter; and
(b) report to the Authority on the existence of grounds that might justify the retention, revocation or
amendment of the notice that is the subject of the inquiry.
[Subsection amended by Act 19 of 2001]
(4) The powers, rights and privileges of a commissioner appointed in terms of subsection (1) shall be the
same as those conferred upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the
power to order a person to be detained in custody, and sections 9 to 13 and 15 to 18 of that Act shall apply,
mutatis mutandis, in relation to an inquiry in terms of this section and to a person summoned to give evidence at
the inquiry.
(5) The identity of any police officer or any officer, inspector, employee or honorary officer by whom a
report is made concerning a person upon whom a notice has been served in terms of subsection (1) or (2) of
section fifty-seven shall not be disclosed at an inquiry held in terms of this section to any person other than the
commissioner, if the Authority certifies that its disclosure would not be in the public interest.
[Subsection amended by Act 19 of 2001]
(6) Upon receiving the report of a commissioner appointed in terms of subsection (1), the Authority may,
after giving due consideration to the recommendations contained therein—
(a) confirm the notice that was the subject of the inquiry; or
(b) amend or revoke the notice; or
(c) give such other direction in the matter as it thinks appropriate;
and the decision of the Authority shall be final.
[Subsection amended by section 4 of Act 22 of 2001]
(7) Where a person who is—
(a) the appropriate authority for any land; or
(b) the holder of an authority in terms of this Act;
is served with a notice in terms of subsection (1) or (2) of section fifty-seven, his rights as such appropriate
authority or holder shall be suspended, to the extent that they are inconsistent with the notice, while the notice
remains in force.
PART XII
HUNTING , REMOVAL, VIEWING AND S ALE OF ANIMALS A ND A NIMAL P RODUCTS
59 Control of hunting, removal and sale of live animals and animal products
(1) This section shall not apply to national parks, sanctuaries or safari areas.
(2) Subject to subsection (4), no person shall—
(a) hunt any animal on any land; or
(b) remove any animal or any part of an animal from any land or from one place to another on any land;
except in terms of a permit issued in terms of paragraph (c) of subsection (4).
(3) Subject to this Act, no person shall sell any live animal or the trophy of any animal except in terms of a
permit issued in terms of section seventy-five.
(4) Subject to this Act, the appropriate authority for any land may—
(a) hunt any animal on the land; or
(b) remove any animal or any part of an animal from the land or from one place to another on the land; or
(c) issue a permit to any person allowing him or any other person or any class of persons to hunt any animal
on the land or to remove any animal or any part of an animal from the land or from one place to another
on the land.
(5) Any person who contravenes subsection (2) or (3) shall be guilty of an offence and liable to a fine not
exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such
imprisonment
[Subsection amended by section 4 of Act 22 of 2001]
60 Minister may prohibit or restrict hunting and removal of animals in defined areas
(1) The Minister may, on the recommendation of, or after consultation with, the Authority, by notice in a
statutory instrument, prohibit or restrict either indefinitely or for such period as may be specified in the notice the
hunting or removal of any animal or any specimen or sex of any animal or any part thereof in or from any area or
areas which are defined in the notice where it deems it necessary to do so for all or any of the following
purposes—
(a) the control of the spread of disease;
(b) the protection of human life and property;
(c) conservation or management of animal populations;
(d) administrative purposes.
[Subsection amended by Act 19 of 2001]
(2) Where the area or any part thereof to which a notice referred to in subsection (1) relates is alienated
land, the Minister shall, in addition to the publication of such notice in a statutory instrument, publish such notice
in three consecutive issues of a newspaper circulating in the area in which such land is situated.
(3) The Minister may, on the recommendation of, or after consultation with, the Authority, by notice in a
statutory instrument, amend or revoke any notice referred to in subsection (1) and if such notice relates in whole
or in part to any area of alienated land, subsection (2) shall apply, mutatis mutandis.
[Subsection amended by Act 19 of 2001]
(4) If the Authority considers it necessary or desirable to do so in the interests of the preservation,
conservation, propagation or control of any wild life within Zimbabwe or any area of Zimbabwe, it may, by notice
in writing served on any person, specifying such wild life, prohibit that person, either absolutely or subject to
specified conditions, and either indefinitely or for a specified period, from doing any or all of the following—
(a) hunting such wild life;
(b) conducting or taking part in any hunting, photographic or viewing safari;
(c) being in possession of or using any weapon ordinarily used for hunting, save for the defence of himself
or any other person or for the protection of any livestock, crop or property on land owned, leased or
occupied by him;
(d) authorizing any other person to do anything referred to in paragraph (a), (b) or (c);
whether on alienated or unalienated land, within the area specified in the notice.
[Subsection amended by Act 19 of 2001]
(5) The Authority may at any time, by further notice in writing served on the person concerned, amend or
revoke any notice issued in terms of subsection (4).
[Subsection amended by Act 19 of 2001]
(6) The Authority shall not be obliged to give any reason for issuing a notice in terms of subsection (4) or
(5).
[Subsection amended by section 4 of Act 22 of 2001]
(7) Section fifty-eight shall apply, mutatis mutandis, in relation to a notice issued in terms of subsection (4)
or (5) and the person affected thereby.
(8) Any person who contravenes a notice issued in terms of subsection (1), (3), (4) or (5) shall be guilty of
an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to
both such fine and such imprisonment
[Subsection amended by section 4 of Act 22 of 2001]
61 Killing or injury of animals in self-defence
(1) Notwithstanding this Act, it shall be lawful for any person to kill or injure any animal on any land in
defence of himself or any other person if immediately and absolutely necessary.
(2) The burden of proving that any animal has been killed or injured in accordance with subsection (1) shall
lie on the person who killed or injured such animal.
62 Destruction of dogs
(1) Subject to subsection (3), it shall be lawful for the appropriate authority for alienated land on which
there are any animals to kill any dog found on such land if such dog is not in the keeping of or accompanied by a
person who is lawfully upon such land.
(2) Subject to subsection (3), it shall be lawful for an officer to kill any dog found hunting any animal on
unalienated land if such dog is not in the keeping of or accompanied by a person who is lawfully upon such land.
(3) Subsections (1) and (2) shall not apply in respect of land within—
(a) the area of a municipality or town or local government area in terms of the Urban Councils Act [Chapter
29:15]; or
(b) the town ward of a rural district council or an area that has been declared in terms of the Rural District
Councils Act [Chapter 29:13] to be a specified area;
(c) the area of any township, village or business centre established in terms of any enactment.
(4) Nothing in this section contained shall be construed as in any way affecting or derogating from the right
of any person to kill a dog in terms of any other law.
63 Report of killing of animals or injury of animals other than dangerous animals
(1) Where—
(a) any animal, other than specially protected animals, is killed or any animal, other than a dangerous
animal or specially protected animals, is injured by any person—
(i) in the circumstances specified in section sixty-one; or
(ii) by accident or in error whilst he is hunting and he has no authority in terms of this Act to hunt
such animal; or
(b) any specially protected animal is killed or injured by any person and he has no authority in terms of this
Act to hunt or kill such animal;
that person shall as soon as possible and in any event within seven days make a report in person—
(i) to the appropriate authority for the land on which the animal was last sighted; or
(ii) at the nearest convenient office of the Authority or police station or at the office of the local
authority for the area concerned;
that an animal has been killed or injured, as the case may be, on the land and where it was last sighted and shall, if
so requested by the appropriate authority to which any such report is made, personally deliver to the appropriate
authority so much of the meat or trophy of the animal concerned as is in his possess ion and as the appropriate
authority may require:
Provided that, in the case of a specially protected animal, any meat or trophy thereof which is in such
person’s possession shall be delivered to the appropriate authority or the person in charge of the office or police
station to which or at which, as the case may be, the report is made.
[Subsection amended by Act 19 of 2001]
(2) Where a report relating to a specially protected animal has been made in terms of subsection (1) to an
appropriate authority other than the Director, the appropriate authority shall report the occurrence at the nearest
office of the Department, police station or museum or at the office of the local authority for the area concerned
and, if so requested by the person in charge of the office or place at which the report is made—
(a) accompany him or his representative to, and indicate there, the place of the occurrence and render such
assistance in recovering the meat or trophy of the animal killed as may be required by that person or his
representative;
(b) deliver to him so much of the meat or trophy of the animal as is in his possession and as may be required
by the latter.
(3) Where any animal is killed by accident or in error by any person while he is hunting and that person has
been authorized in terms of this Act to hunt such animal, the animal shall be counted as an animal killed in
accordance with such authority.
(4) Where any animal is killed by accident or in error by any person while he is driving a vehicle on any
road, that person shall, if he retrieves the animal or any part thereof, in person report the killing at the nearest
office of the Authority, police station or museum or at the office of the local authority for the area concerned and
shall, if so requested by the person in charge of the office or place at which the report is made, surrender to him
the animal or such part thereof retrieved by him.
[Subsection amended by Act 19 of 2001]
(5) The meat or trophy of any animal which has been delivered to any office, station or museum in terms of
subsection (1), (2) or (4) or which has been recovered by the person in charge of any such office, station or
museum or by his representative following upon a report made in terms of this section shall be a State trophy and
shall be disposed of in the prescribed manner.
(6) Any person who contravenes subsection (1), (2) or (4) shall be guilty of an offence and liable to a fine
not exceeding level four or to imprisonment for a period not exceeding three months or to both such fin e and such
imprisonment
[Subsection amended by Act 19 of 2001]
64 Report of injury of dangerous animals
(1) Where a dangerous animal has been injured on any land by any person, that person shall, as soon as
possible and in any case within twenty-four hours, make a report in person—
(a) to the appropriate authority for the land on which it was last sighted; or
(b) at the nearest convenient office of the Authority, or police station or at the office of the local authority
for the area concerned;
that there is an injured dangerous animal on the land and where the animal was last sighted.
[Subsection amended by Act 19 of 2001]
(2) Where a report has been made in terms of subsection (1) to an appropriate authority, the appropriate
authority shall, as soon as possible and in any case within twenty-four hours, report the occurrence at the nearest
office of the Authority, or police station or at the office of the local authority for the area concerned.
[Subsection amended by Act 19 of 2001]
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such
imprisonment
[Subsection amended by Act 19 of 2001]
65 Control of safaris
(1) Subject to subsection (2), no person shall—
(a) conduct for reward—
(i) any hunting safari on any land; or
(ii) any photographic or viewing safari, either on foot or on horse-back, within any national park,
sanctuary or safari area or on forest land or within any Communal Land for which the Authority
is the appropriate authority;
unless he is the holder of a professional hunter’s licence, learner professional hunter’s licence or
professional guide’s licence authorizing such conduct; or
(b) offer to conduct for reward any safari referred to in paragraph (a) unless he is the holder of an
appropriate licence authorizing such conduct; or
(c) publish or cause to be published in any ,way whatsoever any false or misleading statement relating to
any hunting, photographic or viewing safari conducted or to be conducted in Zimbabwe.
[Subsection amended by Act 19 of 2001]
(2) Paragraphs (a) and (b) of subsection (1) shall not apply in respect of such area or areas as the Minister
may, on the recommendation of, or after consultation with, the Authority, by notice in a statutory instrument,
specify for the purposes of this subsection.
[Subsection amended by Act 19 of 2001]
(3) It shall be sufficient defence to a charge of contravening paragraph (c) of subsection (1) for the person
charged to prove that he published or caused to be published the statement concerned in good faith and without
having any reason to believe it was false or misleading.
(4) Paragraph (b) and (c) of subsection (1) shall extend to—
(a) acts, omissions, matters or things outside Zimbabwe;
(b) all persons irrespective of their nationality or citizenship.
(5) Notwithstanding anything to the contrary contained in any law relating to magistrates courts, any
magistrates court shall have jurisdiction in respect of any contravention of paragraph (b) or (c) of subsection (1) or
any act, omission, matter or thing forming part of or connected with such contravention wherever committed,
whether in or outside Zimbabwe.
(6) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such
imprisonment
[Subsection amended by section 4 of Act 22 of 2001]
66 Professional hunter’s licence
(1) A professional hunter’s licence shall authorize the holder thereof, subject to this Act—
(a) to conduct for reward—
(i) in such national park, sanctuary or safari area or on such forest land or in such area of
Communal Land for which the Authority is the appropriate authority if any, as may be specified
in the licence, a photographic or viewing safari on foot or on horseback;
(ii) on such land as may be specified in the licence, a hunting safari;
(b) to offer to conduct for reward any safari referred to in paragraph (a).
[Subsection amended by Act 19 of 2001]
(2) The holder of a professional hunter’s licence shall—
(a) supervise and control the hunting by every person who hunts during safaris conducted by him in terms
of his licence; and
(b) take all reasonable steps—
(i) to ensure that every person who hunts during hunting safaris conducted by him clearly
understands the terms and conditions of any permit or right which entitles him to hunt; and
(ii) to prevent any unlawful hunting by any person who hunts during safaris conducted by him.
(3) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such
imprisonment
[Subsection amended by Act 19 of 2001]
(4) Where in any prosecution for an offence in terms of this section it is proved that a person hunted any
animal in contravention of this Act during a safari conducted by the holder of a professional hunter’s licence, the
holder of the professional hunter’s licence shall be presumed to have failed to take all reasonable steps to prevent
the unlawful hunting of the animal unless the contrary is proved.
67 Learner professional hunter’s licence
A learner professional hunter’s licence shall authorize the holder thereof, subject to this Act—
(a) to conduct for reward under the instructions of the holder of a professional hunter’s licence—
(i) in such national park, sanctuary or safari area or on such forest land or in such area of
Communal Land for which the Authority is the appropriate authority, if any, as may be specified
in the licence, a photographic or viewing safari on foot or on horseback;
[Paragraph amended by Act 19 of 2001 .]
(ii) on such land as may be specified in the licence, a hunting safari;
(b) to offer to conduct for reward any safari referred to in paragraph (a).
68 Professional guide’s licence
A professional guide’s licence shall authorize the holder thereof, subject to this Act—
(a) to conduct for reward, in such national park, sanctuary or safari area or in such area of Communal Land
for which the Authority is the appropriate authority if any, as may be specified in the licence, a
photographic or viewing safari on foot or on horseback;
[Paragraph amended by Act 19 of 2001.]
(b) to offer to conduct for reward any safari referred to in paragraph (a).
69 Minister may issue professional hunter’s, learner professional hunter’s and professional
guide’s licence
Subject to this Act, the Authority, with the concurrence of the Minister, may issue a professional hunter’s
licence, learner professional hunter’s licence or professional guide’s licence to any person whom it deems fit.
[Section substituted by Act 19 of 2001.]
76 Declaration of trophy
The Minister may, on the recommendation of, or after consultation with, the Authority, by notice in a
statutory instrument, declare any thing of which the durable portion of any animal forms a part to be a trophy.
[Section substituted by Act 19 of 2001.]
PART XIII
P ROTECTION OF ANIMALS A ND INDIGENOUS P LANTS ON ALIENATED LAND
77 Minister may declare protected animals or plants or cessation of hunting of animals and
picking of plants, authorize reduction of animals and specify hunting periods
(1) Subject to subsection (2), the Minister may, after consultation with the Natural Resources Board and the
conservation committee concerned, by notice in a statutory instrument—
(a) declare—
(i) any animal, other than a specially protected animal which, in his opinion by reason of its scarcity
or value deserves to be further protected, to be a protected animal;
or
(ii) any indigenous plant which, in his opinion by reason of its scarcity, over-utilization, utility or
value deserves to be further protected, to be a protected indigenous plant;
within the area of a conservation committee;
(b) order that the hunting of animals or the picking of indigenous plants which, in his opinion, are being
hunted or picked, as the case may be, on any alienated land within the area of a conservation committee
on a scale which, in his opinion, is likely to be injurious to animal or indigenous plant populations in the
area of the conservation committee, shall be restricted to the extent specified in such notice on the whole
or part of the land concerned;
(c) authorize a conservation committee, notwithstanding subsection (2) of section fifty-nine, to reduce on
any alienated land within its area to such extent as may be specified in the notice any problem animal
where, in his opinion, the number of such animals on the land is such as to cause excessive damage or
nuisance;
(d) specify periods during which any animal specified in such notice may not be hunted in the area of a
conservation committee.
(2) No notice referred to in paragraph (b) or (c) of subsection (1) shall be made in terms of that subsection
unless prior to the making of the notice the appropriate authority for the land concerned has been notified of the
proposal to make the notice and afforded a reasonable opportunity of making representation in relation thereto.
(3) The Minister may, by notice in a statutory instrument, amend or revoke any notice made in terms of
subsection (1).
(4) The Minister shall cause a copy of any notice which is made—
(a) in terms of subsection (1) or (3) to be published in three consecutive issues of a newspaper circulating in
the area where any land to which the notice applies is situated;
(b) in terms of paragraph (b) or (c) of subsection (1) to be served on the appropriate authority for any land
affected by the notice;
and any amendment or revocation of such a notice shall be published or served accordingly.
(5) Subject to subsections (6) and (7), no person shall—
(a) hunt a protected animal or pick a protected indigenous plant or permit any other person to do so on any
land on which it has been declared a protected animal or protected indigenous plant, as the case may be,
except in terms of a licence issued in terms of subsection (9); or
(b) hunt any animal or pick any plant or permit any other person to do so in contravention of a notice made
in terms of paragraph (b) or (d) of subsection (1).
(6) An owner or occupier of land or a person acting under his authority may cut or gather the flower of a
protected indigenous plant on the land for use in the home of such owner or occupier.
(7) An owner or occupier of land or a person acting under his authority may pick a protected indigenous
plant on the land which is—
(a) needed for cultivation, forestry operations, the erection of a building or structure, the construction of a
fireguard, road or airport or other development, or the extraction of sand, stone, gravel or other
materials; or
(b) used for the cultivation of such protected indigenous plants.
(8) An owner or occupier of land who wishes to obtain a licence to hunt a protected animal or pick a
protected indigenous plant on his land may apply therefor in writing to the conservation committee for the area
within which his land is situated specifying the land on which he wishes to hunt such animal or pick such plant,
his reasons therefor and by whom the hunting or picking will be done.
(9) A conservation committee to which an application in terms of subsection (8) has been made may issue
the applicant with an appropriate licence.
(10) Any person who is aggrieved by the refusal of a conservation committee to issue a licence in terms of
subsection (9) or by the imposition of any terms or conditions upon such licence may appeal to the Natural
Resources Board which may—
(a) confirm the decision of the conservation committee; or
(b) direct the conservation committee to issue a licence on such terms and conditions as the Natural
Resources Board may specify;
and the decision of the Natural Resources Board shall be final.
(11) A conservation committee shall forthwith comply with any direction given to it in terms of paragraph
(b) of subsection (10).
(12) A conservation committee shall appoint a person as its agent for the purpose of exercising any powers
conferred on the committee in terms of paragraph (c) of subsection (1) and such person may for that purpose enter
upon the land concerned with such assistants, vehicles, materials and apparatus as he may require.
(13) A conservation committee shall provide an agent appointed in terms of subsection (12) with a
certificate of appointment.
(14) Any person who contravenes subsection (5) shall be guilty of an offence and liable to a fine not
exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such
imprisonment
[Subsection amended by section 4 of Act 22 of 2001]
78 Powers of conservation committees and Natural Resources Board
(1) Any member of a conservation committee or any other person appointed by such committee for the
purpose may—
(a) on giving notice to the occupier of alienated land within the area of the conservation committee, or if
there is no such occupier, to the owner thereof, enter upon such land for the purpose of investigating and
reporting upon animals and indigenous plants on that land:
Provided that this paragraph shall not authorize the entry of any dwelling-house without the
consent of the occupier thereof;
(b) require the occupier of alienated land within the area of the conservation committee or, if there is no
such occupier, the owner thereof, to answer any question relating to animals or indigenous plants on his
land:
Provided that no person shall be required to answer any question put to him in terms of this
paragraph if he would be entitled to decline to answer that question were he a witness giving evidence in
a court of law
(2) Any member of the Natural Resources Board or any other person appointed by the Natural Resources
Board for the purpose may exercise the powers conferred upon a conservation committee in terms of subsection
(1) in respect of any alienated land.
79 Conservation committee may order cessation of hunting
(1) Where a conservation committee is of the opinion that on any alienated land within its area the hunting
of animals is taking place on a scale which is, in its opinion, likely to be injurious to animal populations in the
area, it may serve notice in writing on the appropriate authority for the land that—
(a) it proposes to recommend to the Natural Resources Board that measures be taken in terms of paragraph
(b) of subsection (1) of section seventy-seven to restrict hunting on such land of animals generally or of
the animals specified in the notice; and
(b) it prohibits, for a period not exceeding fourteen days from the date when the notice is served, the
hunting of animals generally or of the animals specified in the notice, as the case may be, on the land
concerned.
(2) If so directed by the Natural Resources Board, a conservation committee shall, by notice in writing
served on the appropriate authority for the land concerned, extend the period of any prohibition on the hunting of
animals on the land concerned in terms of paragraph (b) of subsection (1) for a further period not exceeding
fourteen days.
(3) Any person who hunts any animal on any land in contravention of any notice served on him in terms of
subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment
for a period not exceeding one year or to both such fine and such imprisonment
[Subsection amended by section 4 of Act 22 of 2001]
80 Problem animals
(1) The animals specified in the Eighth Schedule are hereby declared to be problem animals.
(2) The Minister may, on the recommendation of, or after consultation with, the Authority, by notice in a
statutory instrument, amend the Eighth Schedule by—
(a) removing the name of any animal therefrom; or
(b) adding the name of any animal thereto.
[Subsection substituted by Act 19 of 2001.]
PART XIV
FISH C ONSERVATION
PART XV
EVIDENCE, P REVENTION AND DETECTION OF OFFENCES AND ADDITIONAL P ENALTIES AND F ORFEITURES
105 Court may order payment of compensation for killing, etc., of domestic animal
(1) Where a person is convicted of an offence in terms of this Act involving hunting and the commission of
the offence has caused the death of a domestic animal or has made it necessary or expedient for a domestic animal
to be killed or has caused injury to or deterioration in the condition of a domestic animal, the court shall, in
addition to any penalty which it may impose on the person convicted, order him to pay as compensation to the
owner of the animal concerned such amount as may, subject to subsection (2), be specified by the court if—
(a) the court is satisfied that the animal concerned is the property of some other person; and
(b) the owner of the animal concerned has suffered loss as a result of such death or deterioration in
condition of or injury to the animal concerned; and
(c) application has not been made in terms of the Criminal Procedure and Evidence Act [Chapter 9:07] for
compensation in respect of any loss suffered.
(2) The amount specified in an order made in terms of subsection (1) shall not exceed—
(a) where the animal has not been restored to or recovered by its owner, an amount equal to the market
value of the animal at the time of the offence;
(b) where the animal has been injured or has suffered a deterioration in condition, an amount equal to the
difference between the market value of the animal at the time of the offence and the value of such
injured or deteriorated animal;
less in either case the amount of any compensation which may have been paid to the owner by or on beha lf of the
person convicted.
(3) Sections 348 and 349 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis
mutandis, in relation to the amount specified in an order made in terms of subsection (1) as if such amount were a
fine referred to in those sections and any amount so recovered shall be paid to the owner of the animal concerned:
Provided that the owner shall give security de restituendo in case the judgment of the court which made the
order is reversed on appeal or review.
(4) Where an order is made in terms of subsection (1) upon two or more persons, the liability therefor shall
be joint and several unless the court, in its order, apportions the amount which each such person shall be required
to pay.
106 Forfeiture and cancellation of authority in terms of this Act
(1) Where any person is convicted of—
(a) a contravention of paragraph (b) of subsection (1) of section fifteen, paragraph (a) of subsection (1) of
section twenty-four or subsection (1) of section thirty-six; or
(b) an offence in terms of this Act involving hunting or fishing and such hunting or fishing took place at
night;
the court—
(i) shall, unless good cause to the contrary is shown, order that any weapon, explosive, fishing net or
dazzling light; and
(ii) may order that any tent, vehicle, aircraft or boat; used for the purpose of or in connection with the
commission of the offence shall be forfeited to the State.
(2) Where any person is convicted of an offence in terms of this Act involving hunting or fishing and the
offence is not an offence mentioned in paragraph (a) or (b) of subsection (1), the court may order that any
weapon, explosive, fishing net, tent, vehicle, aircraft or boat used for the purpose of or in connection with the
commission of the offence shall be forfeited to the State.
(3) Where any person is convicted of an offence in terms of this Act, the court may order that any animal,
other than a specially protected animal, or the meat or trophy of any such animal or any fish in respect of which
the offence was committed shall be forfeited to the appropriate authority for the land on which or the appropriate
authority for the waters in which, as the case may be, the offence was committed;
(4) Anything ordered to be forfeited to the State in terms of subsection (1), (2) or (3) shall be deemed to be
a State trophy.
(5) The conviction of a person who has any authority in terms of this Act of an offence in terms of this Act
shall, if he is sentenced therefor to pay a fine of level four or more or to imprisonment for a period of three months
or more and whether or not such imprisonment is suspended or is an alternative to a fine, have the effect of
cancelling any such authority with effect from the date of such conviction unless in a particular case the Authority
otherwise directs.
[Subsection amended by Act 19 of 2001 and by section 4 of Act 22 of 2001]
PART XVI
INSPECTORS , OFFICERS , EMPLOYEES AND ADVISORY COMMITTEES
107 . . . . . .
[Repealed by Act 19 of 2001 with effect from the 1st June, 2002. ]
113 Obstruction
Any person who—
(a) hinders, obstructs or resists; or
(b) fails or refuses, without reasonable excuse, the proof whereof lies on him, to answer fully and
satisfactorily to the best of his knowledge and belief any question put to him by; or
(c) uses foul, abusive or insulting language at or towards; or
(d) makes any foul, abusive or insulting sign or gesture at or towards;
a Director, or an officer, inspector or employee in the exercise or performance of his powers or duties in terms of
this Act shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period
not exceeding six months or to both such fine and such imprisonment
[Subsection amended by section 4 of Act 22 of 2001]
114 Limitation of liability
Without prejudice to any defence or limitation which might be available in terms of any law, no claim shall
lie and no set-off shall operate against—
(a) the State;
(b) any Minister;
(c) any person upon whom any power or duty has been conferred or imposed by or in terms of this Act;
(c1) the Authority;
in respect of any loss, injury, arrest, detention or seizure caused by or in, as the case may be—
(i) the exercise or performance or purported exercise or performance of any power or duty conferred or
imposed by or in terms of this Act; or
(ii) the omission to exercise or perform any power or duty conferred or imposed by or in terms of this Act;
unless the act or omission to act in question was unreasonable or in bad faith or culpably ignorant or negligent.
115 . . . . . .
[Repealed by Act 19 of 2001 with effect from the 1st June, 2002.]
116 . . . . . .
[Repealed by Act 19 of 2001 with effect from the 1st June, 2002.]
PART XVII
GENERAL
129 Regulations
(1) The Minister may on the recommendation of, or after consultation with, the Authority, make regulations
providing for all matters which by this Act are required or permitted to be prescribed or which, in his opinion, are
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[Subsection amended by Act 19 of 2001.]
(2) Regulations made in terms of subsection (1) may provide for—
(a) forms of application, permits, licences, returns and other forms that may be required for the purposes of
this Act;
(b) the powers and duties of officers, inspectors, employees and honorary officers;
(c) in respect of national parks, botanical reserves, botanical gardens, sanctuaries, safari areas and
recreational parks—
(i) the general management and administration of the whole or part thereof;
(ii) the fees, if any, to be paid by persons entering therein or to be paid in respect of the doing of any
specified thing therein or the use of any article or facility provided therein;
(iii) the fixing of speed limits on vehicles travelling therein other than on a road which is the
responsibility of a road authority in terms of the Roads Act [Chapter 13:12];
(iv) the regulation, control, restriction or prohibition of—
A. entry into, travel through and presence in such places and the use of facilities provided
therein including the use of such facilities otherwise than on the basis, terms or conditions
on which they are provided;
B. the introduction of wild life, fish and plants into such places;
C. the collection, removal, destruction and taking of wild life and plants from such places;
D. the introduction into, conveyance through and removal from such places of any domestic
or domesticated animals and for the destruction of such animals therein when not under
complete control;
E. the use of vehicles and roads therein, including roads as defined in the Road Traffic Act
[Chapter 13:11];
F. the destruction of or damage to any object of geological, ethnological, historic or other
scientific interest in such places;
G. the conveyance into or possession of weapons, explosives or other articles in such places;
H. the use and hiring of vehicles, aircraft, boats and domestic animals in such places;
I. fishing in such places;
J. fires in such places;
K. the disposal of litter in such places;
L. the use of airstrips in such places;
M. the design of buildings in such places;
(v) matters relating to public health and the enjoyment, education, inspiration, comfort or
convenience of persons visiting such places;
(vi) the conferring on an officer or any other person of a discretion to order any person to depart
from such places who, in the opinion of the officer or such first-mentioned person, behaves in a
manner which disturbs or interferes with or is likely to disturb or interfere with the peace, order
or good management or administration of such places or the rights of other persons therein;
(d) in respect of national parks, the security of the wild life and plants indigenous thereto;
(e) in respect of botanical reserves and botanical gardens, the sale of plants picked therein, the class or
classes of persons to whom such sales may be made, the terms and conditions, if any, to be attached to
such sales and the fees to be paid for any plants sold;
(f ) in respect of botanical reserves, botanical gardens and recreational parks, the regulation, control,
restriction or prohibition of the hunting of any animal;
(g) in respect of sanctuaries and safari areas—
(i) the removal therefrom of any animals, other than animals lawfully introduced thereto;
(ii) the burning of vegetation or the felling, cutting and removal of timber therein or therefrom;
(iii) the searching for and removal therefrom of honey;
(h) in respect of safari areas—
(i) the setting aside of land therein for hunting camps, fishing camps or other purposes and the
reservation of land for hunting, fishing or other use;
(ii) the regulation, control or restriction of hunting and fishing therein and the terms and conditions
under which animals may be hunted or fish may be caught therein, including—
A. the amount to be paid as a deposit against the killing or injuring of specified animals and
for the refund of deposits in respect of such animals not killed or injured;
B. the amount to be paid as a royalty for the killing of elephants with a tusk or tusks over a
specified mass;
(iii) the regulation, control or restriction of camping or the viewing of animals on foot or on
horseback therein and the terms and conditions under which persons may camp or view animals
on foot or on horseback therein;
(i) in respect of unalienated land which is State land—
(i) the fees to be paid for the right to hunt or fish therein;
(ii) the fees to be paid for the hunting of specified animals therein;
(iii) the amount to be paid as a deposit against the killing or injuring of other specified animals
therein and for the refund of deposits in respect of such animals not killed or injured;
(iv) the amount to be paid as a royalty for the killing therein of elephants with a tusk or tusks over a
specified mass;
(j) the regulation, control, restriction or prohibition of the use of certain weapons for hunting;
(k) the regulation, control, restriction or prohibition of hunting or fishing by night on any unalienated land;
(l) the regulation and control of fish hatcheries and producers of fish;
(m) the prohibition, regulation and control of the sale and use of fishing nets;
(n) the regulation and control of the breeding and production of reptiles and amphibia;
(o) the methods by which it shall be unlawful to hunt any animal on any unalienated land;
(p) the regulation, control or prohibition of the breeding, propagation, possession, sale, disposal, transfer
and distribution of animals, fish and specially protected indigenous plants;
(q) the regulation, control or prohibition of the possession, advertising, sale, disposal, transfer and
distribution of—
(i) trophies; and
(ii) the meat and offal of any animal;
(r) the regulation, control or prohibition of the import or export of animals, fishes, plants and other
organisms and trophies thereof, in order to preserve, conserve, propagate or control the wild life, fish
and plants of Zimbabwe or to comply with the obligations of Zimbabwe in terms of any treaty,
convention or other international agreement;
(s) the regulation and control of—
(i) holders of professional hunters’ licences, learner professional hunters’ licences and professional
guides’ licences; and
(ii) any other persons who for reward conduct hunting, viewing or photographic safaris or offer to
do so;
including the manner in which such persons receive payment for their services; or
(t) the regulation and control of persons who manufacture or deal in trophies;
(u) . . . . . .
[Paragraph repealed by Act 19 of 2001]
(v) the surrender of specified trophies which are found and for the payment of rewards to persons finding
and surrendering such trophies, the amounts of such rewards and the conditions subject to which such
rewards shall be paid;
(w) the payment of the costs of transport of particular trophies surrendered or delivered to the nearest office
of the State and the manner by which the amounts to be paid shall be calculated:
Provided that no regulation shall be made in terms of this paragraph unless the Minister
responsible for finance has consented thereto;
(x) the regulation, control or prohibition of the acquisition, possession, advertising, sale, disposal, transfer
and distribution of ivory and rhinoceros horn, and in particular—
(i) the production of ivory or rhinoceros horn to specified officers for the registration of such ivory
or rhinoceros horn;
(ii) the manner in which ivory or rhinoceros horn shall be registered and marked;
(iii) the issue of certificates of ownership in respect of registered ivory and rhinoceros horn;
(iv) the retention of ivory or rhinoceros horn pending the making of investigations and the
registration of ivory or rhinoceros horn so retained if no criminal proceedings are instituted in
connection therewith;
(y) the disposal of State trophies;
(z) in respect of officers and employees and honorary officers—
(i) the wearing of uniforms or badges by such persons and the type or description of such uniforms
or badges;
(ii) the manner in which such officers and employees shall conduct themselves when in uniform;
(aa) the design, specification and manner of erection of road signs or notices;
(bb) the conduct of inquiries by commissioners appointed in terms of section fifty-eight, sixty or ninety-six
and the nature of evidence that may be led thereat;
(cc) the prohibition, regulation and control of the keeping, breeding, confinement, exhibition, consignment or
transportation of any problem or dangerous animal in any built-up area.
(3) Regulations made in terms of subsection (1) may provide penalties for breaches thereof, but no such
penalty shall exceed—
(a) a fine of level five or imprisonment for a period of six months or both such fine and such imprisonment;
or
(b) in the case of an offence involving ivory or rhinoceros horn, a fine of—
(i) level six; or
(ii) three times the value of the ivory or rhinoceros horn concerned;
whichever is the greater, or imprisonment for a period of one year or both such fine and such
imprisonment.
[Subsection amended by section 4 of Act 22 of 2001]
129A Regulatory powers of Authority
(1) Subject to subsections (4) and (5), the Authority may, on the recommendation of, or after consultation
with, the Director-General, make by-laws—
(a) fixing the appropriate fees to be paid for—
(i) entering any area or part of the park area;
(ii) doing anything within the park area or part of it;
(iii) using any article or facility provided within the park area or any part of it;
(iv) any authority, permit, licence, register or return granted, issued or supplied in terms of this Act
or any regulations made thereunder;
(b) fixing, subject to subsection (5), a tariff of fees payable by persons prospecting, or working any mining
location, within the park area under a permit or agreement referred to in section one hundred and
nineteen, in respect of—
(i) the clearing of land in connection with such activity, per hectare of land cleared;
(ii) the backfilling, on abandonment, forfeiture or cancellation of the mining location, of shafts, open
surface workings and excavations posing a danger to the safety of persons and wild life;
(iii) the removal of rock from any quarry within the park area;
(c) providing for all matters that by this Act are required or permitted to be provided for in by-laws.
(2) The Authority may, in terms of paragraph (a) of subsection (1), fix—
(a) different appropriate fees to be paid by persons resident in Zimbabwe and persons not so resident;
` (b) different levels of appropriate fees;
(c) different appropriate fees for breeding different species of wild life or fish.
(3) By-laws made in terms of paragraph (b) of subsection (1) may provide for the payment of the fees there
referred to or any portion of them as the Authority may fix by way of a deposit to be refunded by the Authority to
the person concerned on abandonment, forfeiture or cancellation of the mining location if the land concerned is
reclaimed or, in relation to shafts, open surface workings and excavations on such land, backfilled, to the
satisfaction of the Authority.
(4) Subject to subsection (6), by-laws made in terms of subsection (1) shall not have effect until they have
been approved by the Minister and published in a statutory instrument.
Provided that such statutory instrument may, in relation to by-laws that fix any fees, provide for an effective
date not exceeding thirty days before the date of publication of the statutory instrument.
(5) The Minister shall not approve any by-laws made in terms of paragraph (b) of subsection (1) without
reaching an agreement with the Minister responsible for mining.
(6) Where the Authority proposes to the Minister to increase or reduce any fees in terms of this section, and
the Minister gives no written indication to the Authority of his intention to implement a specified alternative to th e
proposed increase or reduction within thirty days after the Authority first notified him in writing of the proposal,
such increase or reduction shall be deemed to have been approved and shall take effect not earlier than the date on
which the Authority publishes a notice of the increase in the Gazette.
[Subsection amended by Act 19 of 2001.]
130 Savings
Where any area is constituted in terms of this Act a national park, botanical reserve, botanical garden,
sanctuary, safari area or recreational park, any right relating to the use or occupation of land within such area
which, immediately before such area was so constituted, was exercisable in respect of the land may, on and after
that date, continue, subject to this Act, to be exercised in respect of the land concerned.
Apocynaceae
Adenium obesum (Forsk) Sabi Star chitsvosve,
Roem et Schult. var mbwayuma,
multiflorum (Klotzsch) chihumbu
Pachypodium saundersonii Lundi Star
Arecaceae (Palmae)
Borassus aethiopum Mart. Borassus palm
Raphia farinifera (Gaertn.) Raffia palm muware
Hylander
Asclepiadaceae
Hoodia lugardii N.E. Br.
Tavaresia barklyi
(Thistleton-Dyer)
N.E. Br.
Cupreseaceae
Juniperus procera Endl. African juniper
Cyatheaceae
Alsophila, all species Tree ferns chitsamva,
gombwe
Euphorbiaceae
Euphorbia davyi N.E. Br.
Euphorbia decidua Bally & Leach
Euphorbia memoralis R.A. Dyer
Euphorbia wildii Leach
Flacourtiaceae
Bivinia jalbertii Tul. Mutuputupu mutuputupu
Tree
Liliaceae
Aloe, all species and natural hybrids
Gloriosa superba L. Flame lily kajongwe,
nyakajongwe,
amakukhulume,
iqhude,
unyawulwenkukuhu,
matalamanda,
gumbo-lewuku
Orchidaceae
All species of epiphytic (or lithophytic)
orchids
Passifloraceae
Adenia fruticosa Burtt Davy
Adenia spinosa Burtt Davy
Polypodiaceae
Platycerium alcicorne Desv. Staghorn fern
Zamiaceae
Encephalartos, all species Cycad