CHAPTER 66:07
NATIONAL PARKS AND WILDLIFE

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Purposes of this Act

   4.   Ownership of wild animals or plants

PART II
ADMINISTRATION

   5.   Chief Parks and Wildlife Officer and other officers

   6.   Duties of the Chief Parks and Wildlife Officer

   7.   Appointment of an Honorary Parks and Wildlife Officer

   8.   Powers of officers

   9.   Seizure of specimens and articles

   10.   Return of seized specimens and articles

   11.   Barriers to be placed across roads

   12.   Arrest of persons for committing offences

   13.   Prosecution by officers

   14.   Production of documents for inspection

   15.   Obstruction of officers, etc.

   16.   Alteration, etc., of official record

PART III
WILDLIFE RESEARCH AND MANAGEMENT BOARD

   17.   Establishment of the Board

   18.   Composition of the Board

   19.   Functions of the Board

   20.   Meetings of the Board

   21.   Members of the Board not deemed public officers

   22.   Allowances

PART IIIA
LOCAL COMMUNITY PARTICIPATION AND PRIVATE SECTOR INVOLVEMENT

   22A.   Purposes of this Part

   22B.   Wildlife management agreement

   22C.   Minister may make rules

PART IV
ENVIRONMENTAL IMPACT ASSESSMENTS

   23.   Requests to conduct wildlife impact assessments

   24.   Submission of assessment reports to the Minister

   25.   Contents of assessment reports

PART V
DECLARATION AND MANAGEMENT OF PROTECTED AREAS

   26.   Declaration of national parks, wildlife reserves or nature sanctuaries

   27.   Purposes of national parks, wildlife reserves or nature sanctuaries

   28.   Procedure for declaration of national parks, wildlife reserves or nature sanctuaries

   29.   Acquisition of land for national parks, wildlife reserves or nature sanctuaries

   30.   Temporary management measures

   31.   Description of the area to be declared a national park, wildlife reserve or nature sanctuary

   32.   Prohibition of entering or residing in national parks, wildlife reserves or nature sanctuaries without authority

   33.   Prohibition of possession or use of weapons, traps, explosives or poisons

   34.   Prohibition of deposition of litter or waste

   35.   Other prohibited acts in a national park, wildlife reserve or nature sanctuary

   36.   Destruction of domestic animals by officers

   37.   Prohibition of introduction of plants into national parks, wildlife reserves or nature sanctuaries

   38.   Prohibition against fire in national parks, wildlife reserves or nature sanctuaries

   39.   Control of harvest in national parks, wildlife reserves or nature sanctuaries

   40.   Board to be appraised of the data

   41.   Regulations for use of national parks, wildlife reserves or nature sanctuaries

PART VI
PROTECTED SPECIES

   42.   Purpose of this Part

   43.   Declaration of protected species

   43A.   Endangered species

   44.   Game species

   45.   Animals or plants which are not protected species

PART VII
LICENCES AND PERMITS TO TAKE OR HUNT WILDLIFE

   46.   Purposes of this Part

   47.   General prohibition against hunting or taking without a licence

   48.   Classes of licences

   48A.   Permits

   49.   Licence not transferable

   50.   Bird licence

   51.   Game licence

   52.   Visitor’s licence

   53.   Special licence

   54.   Hunting licence

   54A.   Animal captivity licence

   54B.   Game farming licence

   54C.   Game ranching licence

   54D.   Professional hunter’s licence

   55.   Grounds on which a licence may be refused

   56.   Appeal to the Minister against refusal of issuance of licence or permit

   57.   Cancellation of a licence

   58.   Appeal to the Minister upon cancellation of a licence

   59.   Cancellation or suspension of a licence

   60.   Inspection of a licence and the keeping of records

   61.   Method of computing numbers or quantities of animals hunted or taken

   62.   Guides, trackers and porters

PART VIII
METHODS OF HUNTING AND TAKING AND RESPONSIBILITIES OF HUNTERS

   63.   Purposes of this Part

   64.   Prohibition of use of fire for hunting

   65.   Prohibition of hunting of dependant young

   66.   Prohibited acts against killing protected species, etc.

   67.   Regulations for weapons to be used in hunting

   68.   Prohibition of hunting during hours of darkness

   69.   [Repealed by Act No. 15 of 2004]

   70.   Use of motor vehicles, aircraft or radio communication prohibited

   71.   Regulations for use of domestic animals in hunting

   72.   Regulations for use of substances or devices in hunting

PART IX
HUNTING DANGEROUS ANIMALS, KILLING IN ERROR, WOUNDING AND MOLESTING ANIMALS

   73.   Purposes of this Part

   74.   Killing a protected animal in self-defence

   75.   Killing a game animal in defence of property

   76.   Ownership of carcass not transferable

   77.   Reports to be made to an officer where protected animals cause damage to property

   78.   Reports to be made to an officer where protected animal is killed through error or by accident

   79.   Wounded protected animals

   80.   Wounded dangerous animals

   81.   Dangerous animals posing threat to human life or property

   82.   Molesting or provoking animals prohibited

   83.   Protection of wild animals

   84.   Use of repellant substances or devices

PART X
COMMERCE RELATED TO WILDLIFE

   85.   Purpose of this Part

   86.   Prohibition of possession, sale and buying, of protected species

   87.   Regulations for controlling trade or dealings in protected animals

   88.   Certificate of ownership

   89.   Transfer of ownership of specimen

   90.   Government trophy

   91.   Dealings in government trophy

   92.   Professional hunter’s licence

   93.   Certain prohibited acts by non-professional hunters

   94.   Suspension or revocation of a professional hunter’s licence

   95.   Restrictions on the professional hunter’s licence

PART XI
IMPORT, EXPORT AND RE-EXPORT OF WILDLIFE SPECIMENS OF PROTECTED SPECIES AND LISTED SPECIES

   96.   Purpose of this Part

   97.   Import, export and re-export permits

   98.   Importation, exportation and re-exportation to meet customs laws

   99.   Additional restrictions on imports, exports or re-export of specimen

PART XII
NATIONAL PARKS AND WILDLIFE FUND

   100.   Establishment of the Fund

   101.   The Fund to vest in the Minister

   102.   Advances to the Fund

   103.   Objects of the Fund

   104.   Application of the Fund

   105.   Books and other records of account, audit and reports of the Fund

   106.   Holdings of the Fund

   107.   Financial year

PART XIII
PENALTIES AND FORFEITURES

   108.   General penalty

   109.   Offences relating to game species

   110.   Offences relating to protected species other than game species

   111.   Offences relating to import, export or re-export of specimen of protected species or listed species

   112.   Offences relating to devices

   113.   Forfeiture as an additional penalty

   114.   Conditional order of forfeiture

   115.   Seized goods to be subject of forfeiture order

   116.   Surrender of licence, permit and certificate in event of conviction

PART XIV
DISPOSAL OF GOVERNMENT TROPHIES AND FORFEITED SPECIMENS, DOMESTIC ANIMALS AND ARTICLES

   117.   Disposal of specimens by the Chief Parks and Wildlife Officer

   118.   Disposal of dead or live specimens, of protected species or listed species

   119.   [Repealed by Act No. 15 of 2004]

   120.   Specimens or articles to be held by Chief Parks and Wildlife Officer

PART XIVA
INTERNATIONAL COOPERATION IN WILDLIFE

   120A.   Purpose of this Part

   120B.   Cross-border management

   120C.   Regional fora

   120D.   Cross-border trade in wildlife

   120E.   Implementation of agreement

PART XV
MISCELLANEOUS

   121.   Qualified exemptions, indemnities and exclusions

   121A.   Wildlife districts and permits

   122.   Application for judicial review

   123.   Regulations

PART XVI
REPEAL AND SAVINGS

   124.   Repeal and savings

11 of 1992
15 of 2004
G.N. 57/1994

An Act to consolidate the law relating to national parks and wildlife management; to establish the Wildlife Advisory Board; and to provide for matters incidental to or connected therewith

[1ST APRIL 1994]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the National Parks and Wildlife Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “aircraft” includes all flying machines, whether or not powered by engines of any sort, whether captive, navigable, or free, and whether or not controlled by human agency, and all ground effect machines or hovercraft;

   “animal” includes any member of the animal kingdom and includes man;

   “Board” means the Wildlife Advisory Board established under section 17;

   “certificate of ownership” has the meaning ascribed to it under section 88;

   “community conservation area” means a conservation area in respect of which authority and responsibility to manage and utilize certain wildlife resources therein is vested in the local community;

   “dangerous animal” includes hyena, lion, leopard, hippo, elephant, rhinoceros, buffalo, or crocodile;

   “dependent young” means any juvenile animal patently depending on an adult of the same species for sustenance or protection;

   “Director” means the Director of National Parks and Wildlife;

   “domestic animal” means any animal which is sufficiently tame to serve some purpose for the use of man, whether or not such use is utilitarian, and includes individual animals which were once tamed or which are in the process of being so tamed;

   “endangered species” means any plant or animal declared as such pursuant to section 43A;

   “environmental inspector” has the same meaning as in the Environment Management Act;

   “firearm” has the same meaning as in the Firearms Act;

   “fisheries officer” has the same meaning as in the Fisheries Conservation and Management Act;

   “forest officer” has the same meaning as in the Forestry Act;

   “Fund” means the National Parks and Wildlife Fund established under section 100;

   “game species” means a species of animals designated as a game species under section 44;

   ‘‘Government trophy” has the meaning ascribed to it under section 90;

   “hours of darkness” means the period between one-half hour after sunset and one-half hour before sunrise;

   “hunt” means to attempt to take;

   “officer” means the Chief Parks and Wildlife Officer and any of the officers mentioned in section 6 (3);

   “listed species” means plant or animal species listed under any international, regional or bilateral agreement to which Malawi or the Government is a party, and under regulations made pursuant to section 99;

   “local community” includes corporate and incorporate persons and non-governmental organizations;

   “plant” means any member of the plant kingdom and includes the seeds of any plant species;

   “professional hunter’s licence” means a licence issued pursuant to section 92;

   “protected area” includes a national park, wildlife reserve and nature sanctuary;

   “protected species” means any plant or animal declared as such pursuant to section 43;

   “re-export” in relation to specimens, means to export a specimen previously imported into Malawi;

   “specimen” means any wild plant or animal, alive or dead, whether or not native to Malawi, and any readily recognizable part or derivative of such plant or animal;

   “sustainable yield level” means the highest rate of harvesting a specified wildlife population which can be maintained indefinitely without reducing the capacity of the population to continue providing the said rate of harvesting;

   “take” in relation to an animal, means to wound, capture, or kill the animal, or remove or destroy its nest or egg or any part of it;

   “wild animal” means any animal which is rerae naturae, but does not include any domestic animal;

   “wildlife” means any wild plant or animal of a species native to Malawi and includes animals which migrate through Malawi, and biotic communities composed of those species.

   “wildlife district” means a district designated as such pursuant to section 121A;

   “wildlife management authority” means any local community organization or other private organization established for the purposes of promoting local community participation in the conservation and management of wildlife.

3.   Purposes of this Act

   (1) The purposes of this Act are—

   (a)   the conservation of selected examples of wildlife communities in Malawi;

   (b)   the protection of rare, endangered and endemic species of wild plants and animals;

   (c)   the sustainable use of wildlife and minimization of conflict between human beings and animals;

   (d)   the control of dangerous vertebrate species;

   (e)   the control of import, export and re-export of wildlife species and specimens;

   (f)   the implementation of relevant international treaties, agreements or any other arrangement to which Malawi or the Government is a party;

   (g)   the promotion of local community participation and private sector involvement in conservation and management of wildlife; and

   (h)   the protection and management of protected areas.

   (2) For the better achievement of the purposes of this Act, the Minister and every other person responsible for the administration of this Act shall ensure that any measures taken or instituted under this Act are based on the results of scientific investigation including the monitoring of species status and habitat condition:

   Provided that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as reason for postponing cost-effective measures to prevent degradation of wildlife.

   (3) The provisions of this Act which relate to the management of species in wild habitats, shall refer only to species presently or formerly native to Malawi and shall not be construed as authorizing the introduction of exotic plants or animals into wild habitats within Malawi.

4.   Ownership of wild animals or plants

   (1) Where any plant or animal other than a protected species is lawfully taken by any person, the ownership of such plant or animal shall, subject to the provisions of this Act, vest in that person.

   (2) If any protected species is lawfully taken pursuant to a licence issued under this Act, the ownership of such animal or plant shall, subject to the provisions of this Act and to the terms and conditions of the licence, vest in the licensee.

   (3) If prior to the commencement of this Act, any wild plant or animal is lawfully vested in any person such plant or animal shall, subject to the provisions of this Act, vest or continue to be vested in that person.

   (4) Except with the authority under any licence, nothing in this section shall be deemed to transfer to any person the ownership of any protected animal found dead or dying, or a protected plant that has been cut down.

   (5) If any person takes any protected animal or protected plant in contravention of this Act, the ownership of the animal or plant shall not be transferred to that person.

PART II
ADMINISTRATION

5.   Chief Parks and Wildlife Officer and other officers

   For the purpose of implementing this Act, there shall be appointed in the public service an officer to be designated as the Chief Parks and Wildlife Officer and other officers subordinate to him who shall be responsible for the administration of this Act subject to any general or special directions of the Minister.

6.   Duties of the Chief Parks and Wildlife Officer

   (1) The Chief Parks and Wildlife Officer shall, subject to the general or special directions of the Minister, be responsible for the management of national parks and wildlife throughout Malawi and, in particular, for implementing the provisions of this Act, and shall exercise control over protected areas in accordance with the provisions of this Act and any order declaring a national park, a wildlife reserve or a nature sanctuary.

   (2) Every officer shall exercise such functions and duties as may be conferred upon him by this Act or as may be delegated or assigned to him by the Chief Parks and Wildlife Officer and wildlife management authority.

   (3) For purposes of this Act, the following persons shall be officers—

   (a)   parks and wildlife officers;

   (b)   fisheries officers, forest officers, environmental inspectors, customs officers, members of the Malawi Police Service, members of the Malawi Defence Force and Honorary Parks and Wildlife Officers as the Minister may designate by notice published in the Gazette; and

   (c)   such other public officers as the Minister may designate by notice published in the Gazette.

   (4) The Minister may, by regulations, set out circumstances in which any of the persons specified in paragraphs (a), (b) and (c) of subsection (3) may authorize or order any person to perform duties under this Act.

   (5) Notwithstanding the definition of “worker” in the Workers’ Compensation Act, an officer, other than an Honorary Parks and Wildlife Officer, who—

   (a)   suffers injuries in the course of performing his duties under this Act; or

   (b)   dies as a result of injuries suffered in the course of performing his duties under this Act,

shall be paid compensation which shall be calculated in accordance with the provisions of the Workers’ Compensation Act.

   (6) The Director may, in the performance of his duties under this Act, delegate in writing any of his duties to a wildlife management authority or any other public officer.

   (7) Every wildlife management authority and every officer shall, in the performance of his duties under this Act, be subject to the directions of the Director.

   (8) The Minister may, on the recommendation of the Board, make regulations providing for conduct of officers, by class or generally, in the performance of their duties under this Act:

   Provided that the services of a public servant shall not be terminated except in accordance with the procedure laid down in the Public Service Act.

7.   Appointment of an Honorary Parks and Wildlife Officer

   (1) The Minister may appoint any person to be an Honorary Parks and Wildlife Officer to assist in the implementation of this Act for such period not exceeding three years as the Minister shall specify in the instrument of appointment, and may, in like manner, renew or revoke any such appointment and shall cause notice of the appointment, renewal or revocation to be published in the Gazette.

   (2) The appointment of any Honorary Parks and Wildlife Officer may be—

   (a)   general, in which case it shall authorize the officer to act in any part of Malawi; or

   (b)   limited, authorizing the officer to act only within a specified part or specified parts of Malawi.

   (3) An Honorary Parks and Wildlife Officer may at any time be called by the Chief Parks and Wildlife Officer to serve on such official duties under this Act and for such length of time as may be agreed between the officer and the Chief Parks and Wildlife Officer.

   (4) Subject to subsection (3), an Honorary Parks Wildlife Officer shall perform his duties under this Act on voluntary basis and the Government shall not be bound to pay an Honorary Parks and Wildlife Officer.

8.   Powers of officers

   (1) Any officer may, without warrant, enter upon any land, building, tent, motor vehicle, trailer, container, aircraft or boat for the purpose of ensuring that the provisions of this Act are being complied with or for the purpose of preventing or detecting any offence under this Act.

   (2) Subject to subsection (3), an officer may carry and use firearms.

   (3) The Minister may, on the recommendation of the Board, make regulations—

   (a)   specifying, by name or rank, officers or class of officers who may carry and use firearms;

   (b)   governing the carrying and use of firearms by officers; and

   (c)   governing the discipline and conduct of officers authorized under this Act to carry and use firearms.

   (4) An officer shall, for purposes of the Firearms Act, be deemed to be a person in the service of the Government acting in accordance with his duties as such.

9.   Seizure of specimens and articles

   (1) Any officer may, without warrant, search any land, building, tent, motor vehicle, trailer, container, aircraft, boat or any baggage or package—

   (a)   if he has reasonable grounds for believing that any person has committed or is committing or is about to commit an offence under this Act; or

   (b)   to verify any document or matter purported to have been issued under this Act,

and if such officer finds any specimen or article which appears to have been obtained, possessed, used or about to be used in committing an offence under this Act, he shall seize such specimen or article.

   (2) Any officer who seizes any specimen or article pursuant to subsection (1) shall give to the person from whom it was seized a receipt therefor in the prescribed form if any, signed by the officer.

10.   Return of seized specimens and articles

   Where the Chief Parks and Wildlife Officer is notified in writing by the Director of Public Prosecutions that no prosecution should be instituted for an offence committed in connexion with or in respect of any specimen or article seized under section 9, or where such prosecution has, if concluded, not resulted in the conviction of that person in respect thereof, any specimen or article seized shall be returned to its owner within fourteen days of the receipt by the Chief Parks and Wildlife Officer of such written notice from the Director of Public Prosecutions:

   Provided that any such specimen or article shall not be so returned if the court has ordered it to be forfeited or destroyed under the provisions of this Act or any other written law.

11.   Barriers to be placed across roads

   Any officer may place or cause to be placed a barrier across any road for the purpose of examining or searching any motor vehicle or trailer or questioning any person:

   Provided that such barrier shall conform to specifications laid down by the Chief Parks and Wildlife Officer who shall act in consultation with the other relevant authorities including, more particularly those responsible for roads and road traffic.

12.   Arrest of persons for committing offences

   (1) Where any person is found committing or is reasonably suspected of having committed or of being about to commit an offence under this Act, any officer may without warrant arrest such person.

   (2) Any person arrested pursuant to subsection (1) shall, as soon as possible, through police officers be charged with the appropriate offence and be taken before a court, and shall not be detained longer than is necessary.

13.   Prosecution by officers

   (1) The Director of Public Prosecutions may, at the written request of the Chief Parks and Wildlife Officer, in writing nominate, by name or rank, any officer or class of officer of the Department of National Parks and Wildlife to undertake and prosecute criminal proceedings in respect of any offence alleged to have been committed by any person in contravention of this Act and may at any time, without assigning any reason thereof, in writing, cancel any such nomination.

   (2) In undertaking or prosecuting any proceedings pursuant to subsection (1), such officer shall act in accordance with the general or special directions of the Director of Public Prosecutions and shall, for the purpose of any such proceedings, have the powers of a public prosecutor appointed under any written law for the time being in force.

14.   Production of documents for inspection

   Any document issued pursuant to this Act shall, upon request, be produced by the holder thereof for inspection by any officer.

15.   Obstruction of officers, etc.

   Any person who—

   (a)   obstructs any officer in the performance of his functions under this Act;

   (b)   refuses to furnish to any officer on request, particulars or information to which the officer is entitled by or under this Act;

   (c)   willfully or recklessly gives to any officer false or misleading information which the officer is entitled to obtain under this Act,

shall be guilty of an offence.

16.   Alteration, etc., of official record

   Any person who, without lawful authority—

   (a)   alters, defaces or removes any official record maintained in pursuance of this Act or any regulation or order made under this Act; or

   (b)   alters or defaces any prescribed document issued under this Act,

shall be guilty of an offence.

PART III
WILDLIFE RESEARCH AND MANAGEMENT BOARD

17.   Establishment of the Board

   There is hereby established a board to be known as the Wildlife Research and Management Board.

18.   Composition of the Board

   (1) The Board shall consist of—

   (a)   the following ex officio members—

      (i)   the Director;

      (ii)   the head of Wildlife Research Unit, or his designated representative;

      (iii)   the Commissioner for Local Government, or his designated representative;

      (iv)   the Director of Fisheries, or his designated representative;

      (v)   the Director of Forestry, or his designated representative;

      (vi)   the Director of Environmental Affairs, or his designated representative;

      (vii)   the Director of Tourism, or his designated representative;

   (b)   one member with recognized qualifications, experience or specialization in matters relevant to conservation, preservation or protection of wildlife;

   (c)   two members representing the private sector appointed by the Minister;

   (d)   three members representing the general public; and

   (e)   two members representing non-governmental organizations appointed by the Minister.

   (2) The minister shall designate one of the members to be Chairman of the Board.

   (3) A member of the Board appointed under subsection (1) (b), (c) and (d) shall hold office for a period of three years unless his appointment be sooner terminated and shall be eligible for reappointment.

   (4) The membership of the Board as first and subsequently appointed and every change in the membership to the Board shall be published in the Gazette.

   (5) The office of the Chief Parks and Wildlife Officer shall provide the Secretariat of the Board.

   (6) The office of a member appointed pursuant to subsection (1) (b), (c), (d) and (e) shall become vacant—

   (a)   upon his death;

   (b)   if he is absent from three consecutive meetings of the Board without the approval of the Chairman or without other valid cause;

   (c)   upon the expiry of one month’s notice in writing of his intention to resign his office, given by the member to the Chairman;

   (d)   if he is convicted of an offence under this Act; or

   (e)   if the Minister so directs.

19.   Functions of the Board

   The function of the Board shall be to advise the Minister on all matters relating to protected areas and wildlife management in Malawi, including in particular but not limited to—

   (a)   advising on the declaration of areas which, for the purpose of protecting wildlife species, biotic communities, sites of special interest or aesthetic values and promoting education on wildlife, the Board considers should be declared national parks, wildlife reserves or nature sanctuaries under this Act; and

   (b)   advising on the import, export and re-export of wildlife specimens into and out of Malawi.

20.   Meetings of the Board

   (1) The Board shall meet not less than twice a year at such places and times as the Chairman may determine.

   (2) The Board shall further meet at any time at the request, in writing, of any three of its members.

   (3) The Board may at the discretion of the Chairman invite any person or persons to attend any meeting of the Board and such person or persons may take part in the proceedings of that meeting but shall not be entitled to vote.

   (4) In the absence of the Chairman from any meeting of the Board the members present, if constituting a quorum, shall elect one of their number to preside at the meeting.

   (5) A majority of the members of the Board shall constitute a quorum.

   (6) At all meetings of the Board the decisions shall be reached by a simple majority, and the Chairman or other person presiding shall have a deliberative vote and, in the event of an equality of votes, shall have a casting vote.

   (7) The Chairman of the Board shall report to the Board at each meeting thereof the action taken in respect of any matter on which the Board has advised the Minister.

   (8) The Board shall determine its own procedure.

21.   Members of the Board not deemed public officers

   A member of the Board who is not a public officer shall not, by virtue only of his membership to the Board, be deemed to be an officer in the public service.

22.   Allowances

   A member of the Board or a committee thereof shall be paid such allowances as the Minister may determine.

PART IIIA
LOCAL COMMUNITY PARTICIPATION AND PRIVATE SECTOR INVOLVEMENT

22A.   Purposes of this Part

   The purpose of this Part is to provide for local community participation and private sector involvement in conservation and management of wildlife.

22B.   Wildlife management agreement

   (1) For proper management of wildlife, the Director may enter into a wildlife management agreement with a wildlife management authority providing for, inter alia

   (a)   a management plan;

   (b)   assistance to be provided by the Department of National Parks and Wildlife; and

   (c)   rights and duties of the wildlife management authority.

   (2) The Director may enter into concession agreements for purposes of managing, and investing in, such protected areas, in whole or part thereof, as may be determined by the Board.

   (3) Subject to performance of unfulfilled obligations under a wildlife management agreement or a concession agreement or the rights of a third party, a wildlife management agreement or a concession agreement may be terminated by either party.

   (4) In the event of any dispute which cannot be resolved by the parties arising under a wildlife management agreement or a concession agreement, the matter shall be referred to the Minister:

   Provided that any party aggrieved with the decision of the Minister may, within thirty days of the decision of the Minister apply to the High Court for review of the decision.

22C.   Minister may make rules

   (1) The Minister may, on the recommendation of the Board, make rules for the better carrying into effect of the purposes of this Part.

   (2) Without prejudice to the generality of subsection (1), the rules may—

   (a)   provide for conservation and management of wildlife;

   (b)   provide for private sector involvement in the management of, and investment in protected areas;

   (c)   facilitate the establishment of wildlife management authorities;

   (d)   encourage local government authorities, non-governmental organizations, the private sector and other relevant institutions to contribute towards provision of wildlife extension services in accordance with guidelines provided by the Director;

   (e)   provide for the establishment and management of community conservation areas outside protected areas;

   (f)   authorize payments of grants or bonus out of public funds for encouragement of the management of wildlife; and

   (g)   prescribe a mechanism for sharing costs and benefits between the Department of National Parks and Wildlife and wildlife management authorities.

PART IV
ENVIRONMENTAL IMPACT ASSESSMENTS

23.   Requests to conduct wildlife impact assessments

   (1) Any person who has a good and sufficient reason to believe that any proposed or existing government process or activity of the government or any other organization or person may have an adverse effect on any wildlife species or community such person may request, through the Board, the Minister that a environmental impact assessment be conducted.

   (2) Whenever the Minister receives such request under this section he may within thirty days of receipt thereof call upon the Board to conduct the assessment.

24.   Submission of the assessment reports to the Minister

   (1) Where the Board is called upon pursuant to section 23 to conduct an environmental impact assessment it shall arrange for the assessment to be conducted and shall submit a report of its findings to the Minister within ninety days of being called upon to conduct the assessment.

   (2) In conducting the assessment, the Board may—

   (a)   use any powers available to it under this Act as it may consider necessary;

   (b)   utilize the services of the Director;

   (c)   invite written or oral comments from the public; and

   (d)   conduct public hearings at such place or places as the Board deems necessary for purposes of assessing public opinion.

25.   Contents of the assessment reports

   Any report submitted by the Board to the Minister pursuant to section 24 (1) shall include—

   (a)   a statement of the existing or anticipated impacts upon wildlife, including an account of the species, communities, and habitats affected and the extent to which they are or may be threatened;

   (b)   a statement of whether rare, endangered or endemic species are or may be affected;

   (c)   a list of alternative actions, including inaction, which might be taken to remove or lessen adverse impacts; and

   (d)   its recommendations for subsequent government action.

PART V
DECLARATION AND MANAGEMENT OF PROTECTED AREAS

26.   Declaration of national parks, wildlife reserves or nature sanctuaries

   (1) For the purposes of this Act, there shall be declared protected areas of public land to be known as national parks, wildlife reserves or nature sanctuaries.

   (2) The declaration and management of national parks, wildlife reserves and nature sanctuaries shall be subject to the provisions of sections 27 to 41.

27.   Purposes of national parks, wildlife reserves or nature sanctuaries

   The purposes of national parks, wildlife reserves and nature sanctuaries shall be—

   (a)   to preserve selected examples of biotic communities of Malawi and their physical environments;

   (b)   to protect areas of aesthetic beauty and of special interest;

   (c)   to preserve populations of rare, endemic and endangered species of wild plants and animals;

   (d)   to assist in water catchment conservation;

   (e)   to promote education on wildlife;

   (f)   to provide an enabling environment for nature based tourism in and around them;

   (g)   without prejudice to the purposes listed in paragraphs (a) to (d), and within any limitations imposed by them, to provide facilities for studying the phenomena therein for the advancement of science and understanding; and

   (h)   without prejudice to the purposes listed in paragraphs (a) to (c), and within any limitations imposed by them, to provide facilities for public use and enjoyment of the resources therein.

28.   Procedure for declaration of national parks, wildlife reserves or nature sanctuaries

   (1) The Minister may, by order published in the Gazette, declare any area of land or water within Malawi to be a national park or to be a wildlife reserve and may, in like manner, alter the boundaries of, or disestablish, any national park, wildlife reserve or nature sanctuary so declared, and the Minister shall first require the matter to be comprehensively studied by or under the auspices of the Board.

   (2) The Minister may amend such order, but any order the purpose of which is to alienate or excise land from a national park, wildlife reserve or nature sanctuary shall be of no effect unless and until approved by a resolution of the National Assembly.

   (3) Any study made pursuant to the provision of subsection (1) shall investigate the ecological consequences of the proposed boundary change or disestablishment, and the report of the study shall be submitted to the Minister together with the advice of the Board within ninety days of the study being made.

   (4) The Minister shall not decide upon any proposal relating to boundary change or disestablishment of any national park, wildlife reserve or nature sanctuary until he is in receipt of a report made pursuant to subsection (3).

29.   Acquisition of land for national parks, wildlife reserves or nature sanctuaries

   Any area of land proposed for national park, wildlife reserve or nature sanctuary status and which is not public land shall first be acquired as public land in accordance with the provisions of the Land Act and Lands Acquisition Act.

30.   Temporary management measures

   (1) When an area is proposed for declaration as a national park, wildlife reserve or nature sanctuary and action to do so in accordance with this Act has been started, the Minister may, on the recommendations of the Board, make administrative arrangements for managing the area by imposing temporary management measures effective for a period of not exceeding six months pending declaration of the area as a national park, wildlife reserve or nature sanctuary, and shall cause notice of the institution of such arrangements to be given in the Gazette.

   (2) Any area to which temporary management measures apply shall be managed by the Chief Parks and Wildlife Officer in accordance with the administrative arrangements made under subsection (1).

   (3) Any person who fails to comply with any directive or instruction of the Chief Parks and Wildlife Officer or of any officer duly acting on behalf of the Chief Parks and Wildlife Officer in the management of an area under this section shall be guilty of an offence; and for the avoidance of doubt, the offence hereby created is a strict liability offence.

31.   Description of the area to be declared a national park, wildlife reserve or nature sanctuary

   Any order made under section 28 declaring a national park, a wildlife reserve or a nature sanctuary shall incorporate a description of the area which shall include—

   (a)   the proposed name of the national park, wildlife reserve or nature sanctuary; and

   (b)   an exact delimitation of the boundary which shall include a description of the land which may have been acquired pursuant to section 29.

32.   Prohibition of entering or residing in national parks, wildlife reserves or nature sanctuaries without authority

   (1) Any person who, except in accordance with the provisions of this Act, enters into or resides in, or attempts to enter into or reside in, any national park, wildlife reserve or nature sanctuary shall be guilty of an offence.

   (2) This section shall not apply to—

   (a)   the Minister, the Director, a member of the Board, an officer or an employee of the Department of National Parks and Wildlife in the course of performing his duties requiring his presence in a national or nature sanctuary; or

   (b)   any person in possession of a permit to enter or reside in the national park, wildlife reserve or nature sanctuary issued under subsection (3).

   (3) The Chief Parks and Wildlife Officer may issue to any person a permit, in the prescribed form, to enter or reside in any national park, wildlife reserve or nature sanctuary, subject to payment by that person of the prescribed fee, if any.

33.   Prohibition of possession or use of weapons, traps, explosives or poisons

   (1) Except as otherwise provided by section 39 or by section 40, any person who conveys into, or possesses or uses within, any national park, wildlife reserve or nature sanctuary any weapon, trap, explosive or poison shall be guilty of an offence.

   (2) This section shall not apply to any officer acting in the performance of his duties.

34.   Prohibition of deposition of litter or waste

   Any person who discards or deposits any litter or any waste material in a national park, a wildlife reserve or a nature sanctuary otherwise than into a receptacle provided for the purpose shall be guilty of an offence.

35.   Other prohibited acts in a national park, wildlife reserve or nature sanctuary

   Except as otherwise provided by section 39 or by section 40, any person who, in a national park, a wildlife reserve or nature sanctuary—

   (a)   hunts, takes, kills, injures, or disturbs any wild plant or animal, or any domestic animal or cultivated plant occurring lawfully therein;

   (b)   takes, destroys, damages, or defaces any object of geomorphological, archaeological, historical, cultural, or scientific interest, or any structure lawfully placed or constructed therein;

   (c)   prepares land for cultivation, prospects for minerals or mines or attempts any of these operations;

   (d)   drives, conveys, or introduces any wild animal into a national park, wildlife reserve or nature sanctuary;

   (e)   drives, conveys or introduces any domestic animal into a national park, wildlife reserve or nature sanctuary or who permits any domestic animal, of which he is for the time being in charge, to stray into a national park, wildlife reserve or nature sanctuary,

shall be guilty of an offence.

36.   Destruction of domestic animals by officers

   Any officer who finds a domestic animal within a national park, wildlife reserve or nature sanctuary and is satisfied that its presence there is unlawful may destroy the animal forthwith, and the owner of such animal shall not be entitled to compensation.

37.   Prohibition of introduction of plants into national parks, wildlife reserves or nature sanctuaries

   (1) Except as otherwise provided by section 39, any person who conveys or introduces any plant, whether of a wild or cultivated species, into a national park, wildlife reserve or nature sanctuary shall be guilty of an offence.

   (2) The Chief Parks and Wildlife Officer may order the destruction or removal of any plant, and any seedling or offshoot thereof, brought into a national park, wildlife reserve or nature sanctuary in contravention of subsection (1).

38.   Prohibition against fire in national parks, wildlife reserves or nature sanctuaries

   Except as otherwise provided by section 39, or by section 41 (2) (b), any person who starts or maintains any fire in a national park, wildlife reserve or nature sanctuary shall be guilty of an offence.

39.   Control of harvest in national parks, wildlife reserves or nature sanctuaries

   Where it is intended to harvest resource within a national park, wildlife reserve or nature sanctuary—

   (a)   the Chief Parks and Wildlife Officer may, subject to the provisions of this Act, issue authority to any person, in the prescribed form, absolving him from compliance with the provisions of sections 33 (1) and 35 (a) to the extent specified in the authority; and

   (b)   the Chief Parks and Wildlife Officer shall be responsible for regulating and controlling harvesting in the national park, wildlife reserve or nature sanctuary; and in exercising his responsibility under this paragraph the Chief Parks and Wildlife Officer shall ensure that the annual harvest does not exceed sustainable yield level unless it is judged desirable by the Minister to exceed temporarily such level for the purposes of management.

40.   Board to be appraised of the data

   (1) If the Chief Parks and Wildlife Officer is satisfied that an otherwise unlawful act specified by sections 34 to 37 should be carried out in any national park, wildlife reserve or nature sanctuary in the interests of better wildlife management, he shall appraise the Board of all data relevant on the subject and shall request the opinion of the Board.

   (2) If the Board, having considered any matter submitted by the Chief Parks and Wildlife Officer pursuant to subsection (1), is of the opinion that an otherwise unlawful act should be carried out in the interests of better wildlife management, it shall, with the approval of the Minister, issue written instructions to any officer authorizing him to undertake the act.

41.   Regulations for use of national parks, wildlife reserves or nature sanctuaries

   (1) The Minister shall, by notice published in the Gazette, make provision to the extent necessary for implementing management measures of national parks, wildlife reserves or nature sanctuaries.

   (2) The Minister may, on the recommendation of the Board, make regulations which shall provide for—

   (a)   conditions under which any person, vehicle, boat or aircraft may enter, travel through, reside in, or be kept in a national park, wildlife reserve or nature sanctuary;

   (b)   the prohibition or regulation of lighting camp or picnic fires in a national park, wildlife reserve or nature sanctuary;

   (c)   fees for entry into national parks, wildlife reserves or nature sanctuaries or for services or amenities provided therein;

   (d)   prohibition or control of low flying aircraft over a national park, wildlife reserve or nature sanctuary;

   (e)   rules for persons within a national park, wildlife reserve or nature sanctuary;

   (f)   prohibition or control of commercial enterprises within a national park, wildlife reserve or nature sanctuary; and

   (g)   the efficient management of a national park, wildlife reserve or nature sanctuary.

   (3) Any person who contravenes the provisions of any regulations made under subsection (2) shall be guilty of an offence.

PART VI
PROTECTED SPECIES

42.   Purpose of this Part

   The purpose of this Part is to provide the classification of species of wild plants and animals as protected species in order that those particular species of plants or animals are accorded appropriate management priority.

43.   Declaration of protected species

   (1) The Minister may, from time to time, by order published in the Gazette, declare any species of wild plant or wild animal specified in such order to be classified as a protected species under this Act.

   (2) Any order made under subsection (1) may apply to an individual species throughout Malawi, or to all or some species in a specified area, or to varieties of a species including sex and age groups.

43A.   Endangered species

   (1) The Minister may, from time to time, cause to be published in the Gazette a list of all species to be classified as endangered species under this Act.

   (2) An order made under subsection (1) may apply to—

   (a)   an individual species throughout Malawi;

   (b)   to all or some species in a specified area; or

   (c)   to varieties of a species including sex and age groups.

44.   Game species

   (1) Some protected species of animals shall be classified as game species for purposes of hunting.

   (2) The Chief Parks and Wildlife Officer shall, after consultation with the Board, cause to be published in the Gazette a list of all species that are to be classified as game species under this Act.

   (3) The Chief Parks and Wildlife Officer, after consultation with the Board may, at any time, by notice published in the Gazette vary the list, in effect at that time, of game species.

   (4) Game species may be hunted under any licence issued in terms of Part VII.

45.   Animals or plants which are not protected species

   Wild plants and animals other than protected species shall not be subject to the restrictions on hunting or taking under Part VII, but shall be subject to all other provisions of this Act and to the provisions of any other written law.

PART VII
LICENCES TO TAKE OR HUNT WILDLIFE

46.   Purposes of this Part

   The purpose of this Part is to regulate the hunting and taking of wildlife resources.

47.   General prohibition against hunting or taking without a licence

   (1) Except as otherwise provided by this Act, any person who hunts or takes any protected species, except in accordance with the conditions of a licence and, where so required under this Act, a permit issued pursuant to this Part shall be guilty of an offence:

   Provided that any officer shall not be required to possess a licence or a permit while acting in the performance of his duties or in exercising his powers under this Act.

   (2) In any proceedings for an offence against subsection (1) the onus of proving that the hunting or the taking was in accordance with a valid licence and, where so required under this Act, a permit shall rest upon the accused.

48.   Classes of licences

   (1) For the purposes of this Act there shall be the following classes of licences—

   (a)   a bird licence;

   (b)   a game licence;

   (c)   hunting licence;

   (d)   a special licence;

   (e)   a visitor’s licence;

   (f)   an animal captivity licence;

   (g)   a game farming licence;

   (h)   a game ranching licence; and

   (i)   a professional hunter’s licence.

   (2) The Minister may, on the recommendations of the Board, by notice published in the Gazette, prescribe in respect of the forthcoming year—

   (a)   the conditions attached to each class of licences;

   (b)   the numbers of each class of licences which may be issued during the course of a year for specified areas;

   (c)   the methods by which each class of licences may be issued or offered for sale;

   (d)   the species, sorts or varieties, and the numbers or quantities of each class which may be hunted or taken under each class of licences;

   (e)   the methods of hunting or taking which may or may not be used;

   (f)   the areas and times of the year in or during which hunting or taking is lawful; and

   (g)   the fees payable in respect of each class of licences.

   (3) Licences under this Act shall be issued by the Chief Parks and Wildlife Officer, other officers subordinate to him as he may authorize in that behalf and such other persons as the Minister may by notice published in the Gazette designate as persons also authorized to issue licences under this Act.

   (4) Every licence under this Act shall be in the prescribed form and shall be issued upon application made in the prescribed form.

   (5) No licence under this Act shall be issued to a person who has not attained the age of eighteen years.

48A.   Permits

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