GOVERNMENT GAZETTE
OF THE

REPUBLIC OF NAMIBIA
N$I.56 WINDHOEK - 18 November 1996 No. 1446

CONTENTS
Page GOVERNMENT NOTICE No. 304 Amendment of Regulations relating to Nature Conservation..........................

Government Notice
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MINISTRY OF E YIRONMENT AND TOURISM

.,.~~\ <Yl ~G\J ,\'.j . 1996

No. 304
AMENDMENT OF RE ULATIONS RELATING TO NATURE NSERVATION
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The Minister of Environment and Touris has under section 84 of the Nature Conservation Ordinance, 1975 (Ordinance 4 of 975), made the regulations set out in the Schedule.

1. In this Schedule "the Regulations',' means the Regulations relating to Nature Conservation, promulgated by Governme Notice 240 of 1976, as amended by Government Notices 256 of 1976; 112,248,30 ,314 and 364 of 1977; 114, 190 and 247 of 1978; 10,50 and 56 of 1979; AG. 8 of 1 81; AG. 41 of 1982; 23, 49 and 61 of 1983; 72 of 1984; 3, 36,101 and 121 of 1985; 1 and 242 of 1986; 81 of 1987; 89 of 1988; AG. 37 and AG. 44 of 1989 and 152 of 1 93.

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Government Gazette 18 November 1996

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2. Regulation 147 in Chapter XVI of the Regulations is hereby amended by the insertion in paragraph (iv) of subregulation (l) !I(a) after the words" with droppers of iron" of the words "recycled plastic"; and (b) after the words "at the thinnest end" of the following words "and in the case of recycled plastic, such droppers shall have a thickness of at least 28 millimetres.".

3. Regulation 148 of Chapter XVI of the Regulations is hereby amended by the substitution for paragraph (iii) of the following paragraph: "(iii) with droppers of iron, recycled plastic or treated wood, provided
that

in the case of treated wood, such droppers shall have a thickness of at least 50 millimetres at the thinnest end: in the case of recycled plastic, such droppers shall have a thickness of at least 35 millimetres; droppers shall be attached, if staggered, at the most two meters from each other and, if not staggered, at the most 1,5 metres from each other." .

(aa)

(bb)

(cc)

4. The Regulationi are hereby amended by the insertion of the following Chapter after Chapter XVII A:

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"CHAPTER XVII B
AND WILDLIFE COUNCILS

CONSERyiNCIES
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Application for declardtion of an area as a conservancy 155B (1) An application made to the Minister in terms of section 24A(l) of the Ordinance fo/ declaration of an area as a conservancy shall be made on Form 1, and shall be sulimitted to the Permanent Secretary. / (2) ;fhe committee making the application referred to in subregulation (1) shall subnVt with such application a register compiled by that committee containing the name,.( identification numbers and addresses of the members of the community residing in the area to which the application relates, and who are represented by that committee. / ,13) The relevant constitution required by section 24A(1)(b) of the Ordinance fo accompany an application referred to in subregulation (1) shall be dated and signed by the chairperson of the committee making the application, and shall provide for /

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(a)

the objectives of the committee as a conservancy committee, including the sustainable management and utilisation of game within the physical boundaries of the conservancy in accordance with a game management and utilisation plan, and the equitable distribution of the benefits derived therefrom; the procedure for the election and removal of ~embers of the conser,

(b)

vancy committee;
(c)

the powers and responsibilities of the conservancy committee, including powers to enter into agreements' relating to consumptive and non-consumptive use of game; provisions relating to the holding of (i) (ii) meetings of the conservancy committee; and annual general meetings and ordinary meetings with the community it represents; and the recording of the proceedings at any such meeting;

(d)

(iii) (e)

the criteria and procedure for being recognised as a member of the community represented by the conservancy committee, provided that no-one may be excluded from membership on the grounds of ethnicity or gender; the rights ant obligations of members of the community; the procedure for members of the community to decide on the policy to be followed by the conservancy committee in the equitable distribution of benefits; provision for the management of the conservancy committee's finances, including (i) the appointment of a person with adequate experience in financial matters and of book keeping as treasurer of the conservancy committee, who shall report to the annual general meeting of the community on the income received and the manner in which it has been utilised by such conservancy committee; the keeping of proper accounting records and books of account, and the preparation of annual financial statements; the opening of a bank account in the name of the conservancy with a financial institution approved by the Permanent Secretary;

(f) (g)

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(h)

(ii)

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(iii)

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(iv)

a procedure for determining the manner in which the moneys derived from the consumptive or non-consumptive use of game by the conservancy committee shaH be appropriated;

(i) (j) (k)

a procedure for dispute resolution; a procedure for the amendment of such constitution; and in general, such other matters as the committee in question may deem necessary.

(4) The statement required in tern1S of section 24A(1)(c) of the Ordinance to accompany the application referred to in subregulation (1) shall include a sketch plan setting out the physical geographic boundaries and the approximate extent of the area in respect of which the application is made. (5) If the Minister subregulation (1), and has (a) has approved

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any application

referred

to in

under section 24A(2)(i) of the Ordinance recognised the committee which has made the application in question as the conservancy committee for the area in respect of which the application was made; and under section 24A(2)(ii) of that Ordinance declared by notice in the Gazette the area in question as a conservancy, the Permanent Secretary shall issue to the committee in question a certificate of declaration as prescribed in Form 2. The Permanent Secretary shallforward for information a copy of every certificate issued under subregulation.(5) to the Permanent Secretaries of the Ministries of Lands, Resettlement and Rehabilitation and Regional and Local Government and Housing; and

(b)

(6) (a)

keep or cause a register to be kept of declared conservancies and their reqbgnised conservancy committees. / I (7) A coiservancy committee that is desirous to be disestablished shall in writing apply fO sUChdisestablishment to the Minister, giving reasons for such application. (8) Aj~easurer appointed by the conservancy committee as contemplated in SUbregUlati0'l3)(h)(i) shall be approved by the Permanent Secretary.

(b)

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(9)
tlon.

The accounting records and books of account of the cOl}Scrvancy

s~all on request of the Penn anent Secretary be submitted to him or heyor

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(10) For the purposes of this regulation "communi lY" m~ns the commuthe embers of which nity represented by the conservancy committee concerned ' (2), are indicated in the register referred to in subregulation
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CHAPTER XVII C
WILDI.IFE COUNCILS

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Establishment

of wildlife councils

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155C (1) The Minister shaHconvene, if he or she intends to establish under section 24B(1) of the Ordinaace a wildHfe council for a community residing on communal land, a meeting to make such inten~on known to the members of the community in question, and have consultations with such members with regard to the functions and objectives of such intended wildHfecouncil.
(2) A meeting contemplated in subregulation (i) shaH be convened by giving notice thereof I (a) at the Office of the Reg"bna! Council of the area for which the intended wildlife council IS to be established; and (b) (3) ting. (4) The Ministe may under section 24B(1) of the Ordinance establish a wildlife council for a co munity referred to in subregu1ation (1), if he or she is satisfied, after the consu ations contemplated in that subregulation, that such community, together with wildlife council, has the abiHty to manage and utilise in a sustainable manner th game in the area in which it resides.
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in one newspaper ci culating in the area in question. Any person wit an interest in such meeting may attend such mee-

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(5) Th Pennanent Secretary shall with regard to a wildlife council established under s ction 24B(1) of the Ordinance(a) issue to such wildlife council a certificate of establishment on Fonn
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note the particulars of such wildlife council in a register of such councils to be kept by him or her; and forward for information a copy of the certificate referred to in paragraph (a) to the Permanent Secretaries of the Ministries of Lands, Resettlement and Rehabilitation and Regional and Local Government and Housing.

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(6) The notice referred to in section 24B(2) of the Ordinance shall, in addition to the requirements set out in that section, also set out the objectives and fllnctions of the wildlife council in question, and the restrictions or conditions, if any, determined by the Minister under that section. (7) (a) A wildlife council shall consist of the following members, namely

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(b)

the govemor of the region iJl which the wildlife council has been established, or a person desygnated by him or her; / two staff members in the r1inistry of Environment and Tourism designated by the Minister; and I five other members ap~ointed by the Minister, of whom -

(c)

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(i) one shal1 be? person nominated for appointment by the traditional autl}brity established in terms of section 2 of the Traditional Auihorities Act 1995, (Act 17 of 1995) for the area in which Ife wildlife council has been estabJished; and / four sh¥l be persons nominated for appointment by members ofihe community for which the council has been established/
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(ii)

(8) For the puiposes of the nomination of persons referred to in subregulation (7)(c)(i) or ~ii), the Minister shall in writing request the traditional authority or community in/question, as the case may be, to nominate such number of persons as members of the wildlife council concerned as may be specified in such request, and to submit such nomination to the Minister within such period as may be / so specified. (9) The ~inister may appoint any member contemplated in subregulation (7)( c), if no nomination is submitted to him or her within the period specified by the relevant request mafie by him or her under subregulation (8).
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(10) A inember of a wildlife council referred to in subregulation (7)( c) shan hold office r a period of three years or such shorter period as the Minister may in any particula case determine, but such member shall, at the expiration of his or her period of 0 ice, be eligible for reappointment as such a member. The Minister shall designate one of the members of the wildlife counhairperson thereof for such period as the Minister may determine. (12 A member of a wildlife council referred to in subregulation (7)(b) or (c) shall V' cate his or her office, if -

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(a)

he or she is by reason of his or her physical or mental iJIncss incapable of acting as member of the council;

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(b)

he or she is convicted of an offence and sentencedio imprisonment without the option of it fine; / he or she in writing resigns from the wildlife louncil after gi yjng the Minister at least one month's written notico/0f his or her intention to do so: /
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(c)

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(d)

he or she has absented himself or ¥rself from three consecutive meetings of the council without per;nission of the chairperson of the

wildlife council.

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(13) If a member of the wildlife o ncil dies or vacates his or her office, the vacancy shall be fined for the unexpire portion of the period of office of that member in the manner contemplated in su regulation (7). / / (a) (14) A wildlife coun il shaH meet at least three times a year.

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(b)

The quorum for a meting of such council shaIJ be five of its members. The chairperso shall preside over, and determine the procedure to be followed at meetings of such council. The decisio of a majority of the members present at the meeting of the wildli£ council shall constitute a decision of that council, and in the even of an equality of votes on any matter, the chairperson shall have ajasting vote, in addition to his or her deliberative vote. Min~es shall be kept of all meetings Of the wildlife council and made av~lable on request to any person requiring a copy thereof.
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(c)

(d)

(e)

(15)~e
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funds of the wildlife council shall consist of income derived in terms of the provisions of section 24B(4) of the Ordinance; and such other moneys as may from time to time accrue, become payable, or be donated to it. Upon establishment the wildlife council shall appoint a person with adequate experience in financial matters and book keeping, and who shall be approved by the Permanent Secretary, as treasurer of the wildlife council;

(a)

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(16)
(a)

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(b) (c)

keep proper accounting records and books of account; submit annually to the Permanent Secretary the annual financial statements of the wildlife council, as audited by an auditor who has been registered under the Public Accountants' and Auditors' Act, (Act 51 of 1951); deal with alJ moneys received by the wildlife council in such manner as may be determined by the Minister: and comply with such other conditions or restrictions as the Minister may impose on such wildlife council.

(d)

(e)

(17) No funds of the wildlife council referred to in subregulation (15) shall be expended or distributed without the approval of the Minister: Provided that the wildlife council may without the approval of the Minister payout of its funds any amount to defray its operational expenses. (18) (a) A wildlife council shall keep a register of wildlife utilised within its area of jurisdiction, The register shaH contain particulars of the total number of wildlife utili sed according to species. ANNEXURE
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(b)

INDEX TO FORMS

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APpJicat1n for declaration of a conservancy. Certifi~te of approval of a conservancy. / cerytcate of establishment of a wildlife council. /

2. 3.

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Form 1

REPUBLIC OF NAMIBIA
MINISTRY OF' ENVIRONMENT AND TOURISM

NATURE CONSERVATIONORDINANCE, 1975
APPLICATION FOR DECLARATION OF A CONSERVANCY

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(Section 24Nregulation 155B)
1. Name of conservancy:
, .......................

2.

Name of chairperson:
Address:

.............................
...................................

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...

. ...

~..... .

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3.

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,...........................

Description of the geographic boundaries 0 t e area in respect of which the application is made: (a) if the conservancy has been surv ed, please append a description of the boundaries in the Schedule nd a sketch-map/plan; or if the conservancy has not een surveyed, provide a description of the physical geographic b. ndaries or markers. (Append the description on a separate shejt if there is insufficient space on this

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(b)

form).

......

;

...

...

.....

.j........................................................................ .j.:..........................................................................
/!..............................................................................
. ... 0. ... !

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4.

Endorsement by Goyhnor of the region: I, in my capacity a~: of the ...................................... Region certify thcrl to the best of my knowledge there is no reason why the
boundaries of

daries ofthe ...! conservancy and have satisfied myself that the area/toncerned is not subject to any lease or is not a proclaimed game park ~r nature reserve.

*e

area

stated above should not be accepted

as the boun-

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Signed: Governor

Date

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5.

Please attach the following to this application (a) (b) (c) a copy of the conservancy committee constitution; a list of names, including identity numbers and addresses of the con-

servancy committee members;

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a copy of the register containing names; identity numbers and addresses of members of the community in respect of which this application is made.

6.

Representative nature of the conservancy committee. Briefly describe how your committee wa~ chosen and by whom: I
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...

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....

..

..

................................. ....~.................. ... ~.. ......< .. . . '.

........................................................................................................................

7.

Name of Treasurer: ..f. Financial accounting experience:;'
,

............. ................
0...................

,...
, ,...,.............

~ .

... .1.'...

..

... ~.....

... ...

Approved/Not approved 8.

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...Permanent Secretary

Management and distribution of conservancy funds. Briefly describe how thetonservancy's funds will be managed and distributed:
.... ... ~
... ...

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.... ~. . ...... ...... ... "

......
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....... .....
9.

. ~ .,.
study.

........

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..

.. ........

...

.......

InspectionlFeasibility

If a Ministry of flnvironment and Tourism inspection or other feasibi-lity study has been sarried out for the proposed conservancy, please attach a copy of the insp~ction report or feasibility study to this application.
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Application.
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We, the mem¥ers of community in our capacity as memb~rs of the proposed conservancy committee, ereby apply for declaration of the whole area/part of the area described i the Schedule and shown on the sketch-map/plan as a conservancy in te ms of section 24A of the Nature Conservation Ordinance, 1975 (Ordinanc 4 of 1975), and certify that to the best of our knowledge, all the necessary equirements have been complied with.

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..........................................................

.........................................................

Signed: Chairperson

Date

Recommendations

by the Permanent

Secretary:

........................................................

...

....,.. /

.........

,...................................................

............................................................

.........................................................

Signed: Permanent Secretary

Date

Approved/Not approved by Minister Subject to the following restrictions or conditions:
.....................................................................................................................................
... .. ... ... . , ... .. .... .. ..... ..... ....,.... .-.. ... ... . .... .. . ... ... .... ..... ...~... ... .. .

,..........................................................................................
0..................................................................................................

.......................................................................................................................................

................. Signed: Minister clf Environment and Tourism
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Date

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Form 2

REPUBLIC OF NAMIBIA
MINISTRY OF ENVIRONMENT AND TOURISM
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NATURE CONSERVATIOIRDINANCE,

1975

CERTIFICATE OF DECLARAtION OF A CONSERVANCY (Section 24A1fgulation 155B) I hereby certify that the Minister of 9ivironment and Tourism has by Government Notice j1ec1ared the area set out in that notice as
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as a conservancy under section 24A of the Nature Conservation Ordinance, 1975 (Ordinance 4 of 1975), and th"t the committee set out in the application dated /has been duly recognised by the Minister as the conservancy committee for the ...L Conservancy.

Signed:

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PERMANENT

SECfRETARY:

ENVIRONMENT

tND

TOURISM

Date:

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Form 3

REPUBLIC OF NAMIBIA
MINISTRY OF ENVIRONMENT AND TOURISM NATURE CONSERVATION ORDINANCE, 1975 CERTIFICATE OF ESTABLISHM~NT OF A WILDLIFE COUNCIL (Section 24B/~egulation 155C)
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I hereby certify that the Minister of/tnvironment and Tourism has under section 24B of the Nature Conservation Ordi nee, 1975 (Ordinance 4 of 1975) established the Wildlife Council for the area
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Signed:

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PERMANENT SECRETARY: ENVIRONMENT AND TOURISM

DATE:

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