The Wildlife Conservation (Game Meat Selling) Regulations 2020

Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) GOVERNMENT NOTICE NO. 84 published on 7/2/2020 HE WILDLIFE CONSERVATION ACT, (CAP. 283) __________ REGULATIONS __________ (Made under section 121) __________ THE WILDLIFE CONSERVATION (GAME MEAT SELLING) REGULATIONS, 2020 ARRANGEMENT OF REGULATIONS Regulation Title PART I PRELIMINARY PROVISIONS 1. 2. Citation. Interpretation. PART II ESTABLISHMENT OF GAME MEAT SELLING FACILITIES Designation of game meat selling facilities. 3. 4. Sources of game meat. PART III PROCEDURES FOR APPLICATION AND REGISTRATION OF GAME MEAT SELLING FACILITIES 5. 6. 7. 8. 9. 10. Application for registration Qualifications for registration. Registration of applications. Game Meat Selling Advisory Committee Consideration of decisions on application. Certificate of registration. 1 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) PART IV MANAGEMENT AND OPERATION OF GAME MEAT SELLING FACILITIES Conditions for operating game meat selling facilities. Requirement to apply for trophy dealer’s licence. Revocation, cancellation and suspension of registration. 11. 12. 13. 14. Monitoring and evaluation of game meat selling facilities. PART V OFFENCES AND PENALTIES 15. General offences. PART VI MISCILLANEOUS PROVISIONS 16. 17. 18. Forms. Guidelines. Appeals. ________ SCHEDULES _______ 2 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) THE WILDLIFE CONSERVATION ACT, (CAP. 283) __________ REGULATIONS __________ (Made under section 121) __________ THE WILDLIFE CONSERVATION (GAME MEAT SELLING) REGULATIONS, 2020 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Wildlife Conservation (Game Meat Selling) Regulations 2020. Interpretation 2. In these Regulations unless the context otherwise requires- Cap. 283 “Act” means the Wildlife Conservation Act; GN. NO. 135 of 2014 “authorised officer” shall have the meaning ascribed to it under the Act; “Board” means the Board of Directors of Tanzania Wildlife Management Authority established by the Wildlife Conservation (Tanzania Wildlife Management Authority) Establishment Order; “Director” means the Director of Wildlife appointed under section 7 of the Act; “Director General” means the Chief Executive of Tanzania Wildlife Management Authority; “Committee” means the Game Meat Selling Advisory Committee established under regulation 8; “game” shall have the meaning ascribed to it under the Act; “game meat” means the fat, blood, flesh or an offal of any animal whether fresh, dried, pickled or otherwise preserved; “game meat selling facility” means a licensed and registered place or amenity for cutting up and selling of game meat; “meat” shall have the meaning ascribed to it under the Act; “Minister” means the Minister responsible for wildlife; GN. NO. 243 of 2010 “Trophy Dealer’s Licence” or “TDL” means a licence issued under the Wildlife Conservation (Dealing in Trophies) Regulations; “wildlife captive facility” means a wildlife ranch, farm, breeding facility, orphanage facility, sanctuary, zoo and any other lawful ex-situ facility. 3 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) PART II ESTABLISHMENT OF GAME MEAT SELLING FACILITIES Designation of game meat selling facilities 3. (1) The Minister may, after consultation with the Board and by order published in the Gazette, designate certain areas in the country or vehicles to be used as game meat selling facilities. (2) In exercising the powers conferred upon him under subregulation (1), the Minister shall seek written technical advice from the Director General. (3)The Director General shall be the overseer of the establishment of game meat selling facilities. Sources of game meat 4. Game meat shall be obtained through the following sources: tourist hunting; (a) resident hunting; (b) (c) wildlife farms, ranches and zoos; and (d) culling, cropping and problem animals control. PART III PROCEDURES FOR APPLICATION AND REGISTRATION OF GAME MEAT SELLING FACILITIES Applications for registration 5 (1) Any person who desires to own and operate a game meat selling facility shall submit an application for registration to the Director General in the form set out in the First Schedule to these Regulations. (2) The application form shall be accompanied by an application fee set out in the Second Schedule to these Regulations. Qualifications for registration 6. The Director General shall, in considering the applications under regulation 5, have regard to the following: (a) that the applicant is a citizen of the United Republic of Tanzania and in the event of a body corporate, at least 51% of the shares are held by a citizen or citizens of the United Republic of Tanzania; (b) business plan related to the proposed undertaking that includes business description (game meat products, geographical location, designs and amenities of a game meat selling facility), capital, targeted customers, financial analysis and expected cash flow, expected sources of game meat, game meat transactions control mechanism, and involves slaughtering and dressing, the plan and designs shall be clearly shown; the business in case (c) that the application is in line with the guidelines issued by the Director General; (d) that the applicant has paid the prescribed fees; 4 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) (e) that the applicant has complied with other relevant laws; (f) that the applicant has submitted- (i) a copy of Tax Clearance Certificate if the applicant is a body corporate; (ii) a copy of a certificate of registration, memorandum and articles of association, if the applicant is a body corporate; and (iii) a copy of Tax Payer’s Identification Number (TIN). Registration of applications 7. The Director General shall, upon being satisfied that an application has been duly made in accordance with these Regulations, cause the application to be registered in the appropriate register. Game Meat Selling Advisory Committee 8 (1) There shall be a Game Meat Selling Advisory Committee composed of five members to be appointed by the Director General and endorsed by the Board. (2) Subject to subregulation (1), the Committee shall be composed of members of the following expertise: (a) wildlife veterinary; (b) wildlife management; (c) food and drugs control; (d) health control management; and (e) meat inspection. (3) The Chairperson of the Committee shall be appointed by the Director General from amongst members appointed under subregulation (1). (4) The Director General shall appoint a Secretary of the Committee who shall be an officer but not a member of the Committee. (5) The Committee may co-opt any person as it may deem fit to advise them on certain matters. (6) The Committee may meet quarterly unless otherwise advised by the Director General. (7) The Committee shall perform the following functions: (a) scrutinising applications for game meat selling facilities and advise the Director General accordingly; (b) monitoring and evaluating the performance of game meat selling facilities and advise the Director General accordingly; (c) reviewing and providing advice on any standard guidelines relating to game meat selling and advise the Director General accordingly; (d) advising the Director General in matters relating to revocation, cancellation and suspension of registration of game meat selling facilities; and (e) any other function as may be directed the Director General. Consideration of decisions on application 9. (1) The Director General shall, within fourteen days and upon receipt of the application made under regulation 5, acknowledge the receipt of the application. 5 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) (2) The Director General shall submit the application to the Game Meat Selling Advisory Committee for scrutiny. (3) The Director General shall, after considering the advice of the Committee- (a) grant the certificate of registration of game meat selling facility; or (b) reject the application. (4) The Director General shall, within fourteen working days upon reaching a decision on an application, notify in writing the applicant on the decision whether the application has been - (a) granted; or (b) refused and give reasons thereof. Certificate of registration 10.-(1) The Director General shall maintain a register of all successful applicants. Conditions for operating game meat selling facilities (2) The Director General shall issue certificates of registration to successful applicants in the form set out in the Fourth Schedule to these Regulations. (3) The certificate of registration shall be valid for a period of five years subject to renewal. (4) The certificate of registration of a game meat selling facility shall not be transferrable. PART IV MANAGEMENT AND OPERATION OF GAME MEAT SELLING FACILITIES 11.-(1) Every operator of a game meat selling facility shall- (a) (b) possess a copy of hunting permit or certificate of ownership or issue a detailed EFD receipt to a buyer; (c) any other written authorisation; in case of animals from wildlife captive facilities, slaughter animals at a licensed meat abattoir; (d) surrender any trophy including skull and skin unless he obtains a trophy ownership certificate; (e) ensure that the meat is inspected and he possesses a meat inspection certificate; and (f) comply with any other relevant laws. (2) Every operator of game meat selling facility shall maintain a register that indicates- (a) sources of meat at a particular selling time; (b) quantity of meat including offal; and (c) a list of customers indicating the quantity of meat bought. 6 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) (3) The register referred to under sub regulation (2) and meat inspection certificate referred to under subregulation (1) (e) shall be made available to the Director General whenever required for inspection. 12. (1) A holder of a certificate of registration of a game meat selling facility who intends to deal with game meat selling shall apply for a trophy dealer’s licence. (2) The trophy dealer’s licence shall be renewable annually and shall be subject to the conditions stipulated in the Wildlife Conservation (Dealing in Trophies) Regulations. Requirement to apply for trophy dealer’s licence GN.NO. 243 of 2010 Revocation, cancellation and suspension of registration 13. (1) The Director General may revoke, cancel or suspend any certificate of registration issued under these Regulations where the person to whom the certificate is issued- is convicted of an offence under the Act; or (a) (b) contravenes any of the terms or conditions under which the certificate was issued. (2) Upon revocation, cancellation or suspension of a certificate of registration, the Director General shall - (a) issue a certificate of revocation, cancellation or suspension as the case may be in the form set out in the Third Schedule to these Regulations; (b) confiscate any game meat remaining in the respective game meat selling facility or any other related premises. Monitoring and evaluation of game meat selling facilities 14. (1) The Director General shall monitor and evaluate the performance of game meat selling facilities to ensure compliance with these Regulations. (2) The Director General shall monitor and regulate the price of game meat in game meat selling facilities to ensure that local communities benefit. PART V OFFENCES AND PENALTIES General offences 15. Any person who contravenes any provision of these Regulations commits an offence and shall, upon conviction, be liable to a fine of not less than two million shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding five years or to both. 7 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) PART VI MISCELLANEOUS PROVISIONS Forms 16 (1) The forms set out in these Regulations may, where applicable, be used with such variations as circumstances may require. (2) The Director General may, where he deems necessary, vary, alter or amend any form set out in these Regulations. Guidelines 17. The Director General may issue guidelines for better implementation of these Regulations. Appeals 18.-(1) Any person who is aggrieved by the decision of the Director General regarding the implementation of these Regulations may, within thirty days upon the receipt of such decision, appeal to the Minister. (2) The Minister shall, within a period of thirty days, make a decision. (3) Any person who is aggrieved by the decision of the Minister may lodge an application for judicial review in the High Court. 8 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) ___________ FIRST SCHEDULE ___________ (Made under regulation 5(1)) GAME MEAT SELLING FACILITY APPLICATION/RENEWAL FORM 1. Name of a company:..………………………………………………….……………………… 2. 3. (a) Address of principal place of business:…………..…………………………………… (b) Postal address: ………………………………………………………………..…………. (c) Telephone Number: ……………………………………………………………...…… (d) Fax Number: ………………………………………………………………………..……. (e) E-mail: ……………………..………….. Website: ………...…………….……………… (f) Exact location of any other premises (state whether owned or rented, and the nature such as office, garage, store, etc) ……………..…………………………………………………………… 4. Full names of proprietor(s ), firm or company …………………………………………………………...…………………………………… .. …………………………………………………………...…………………………………… .. …………………………………………………………...…………………………………… .. Age, country of birth and present Nationality (of the persons named in number 3 above) ............................................................................................................................. ...................... ................................................................................................................................................... ............................................................................................................................. ...................... ...................................................................................................................................... ............. ........................................................ Full names of Directors of the company and their profession: ............................................................................................................................. ...................... ............................................................................................................. ...................................... ............................................................................................................................. ...................... ................................................................................................................................................... ....................................................... 5. 6. 9 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) 7. Application fee paid …..………………………… Receipt No………...………… Date…………. DECLARATION I/We ………………………………………………..hereby declare on our honor that the above statements are true in every respect and this company will respect and obey the Wildlife and other Laws of Tanzania. That we are not indebted by the Tanzania Wildlife Management Authority (TAWA) or on any Government fee. Signature: ………………………..………..…….. Date:………….………..……… & official stamp 10 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) __________ SECOND SCHEDULE ____________ (Made under regulation 5(2)) APPLICATION FEES IN GAME MEAT SELLING FACILITY S/N 1. 2. Description Registration of game meat selling facility Fees Payable 250,000 Application for (class 21) trophy dealer’s licence As per Wildlife Conservation in (Dealing Regulations, 2010 Trophies) __________ THIRD SCHEDULE ________ (Made under regulation 13 (2) (a)) CANCELLATION / REVOCATION OR SUSPENSION OF A GAME MEAT SELLING FACILITY NAME……………..……………….......................................................... …………………………………................................................................. P. O. Box ………………………................................................................ …………………………………................................................................. Your registration certificate and TDL (class 21) to cut and/sell game meat at ............................................ has been revoked/cancelled/suspended on the following grounds, ……………………………….………………………….……....................... ……………………………………………….……………………................... ……………………………………………………………................................ Station …………………………….………….……………………………….. Name and signature…………………………………………… 11 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) Director General Date ………………………………. (Official Seal) _____________ FOURTH SCHEDULE ____________ (Made under regulation 10(2)) CERTIFICATE OF REGISTRATION FOR GAME MEAT SELLING FACILITY Registration No............................... issue...................................... Place of Date of Issue ........................... Date of Expiry .......................... This Certificate is issued to: ................................................................................................................. Business address: P.O. Box .................................. Telephone No. ........................................ E-mail Address………………………………………. Plot No. ..................................................... Streets/Area ..........…………………………………. Town/Place ................................................. Location of the registered activity ..................................................................................................... Type and description of business .................................................................................................. ........................................................... ............................................................................................................................. ................................ 12 Wildlife Conservation (Game Meat Selling) GN. NO. 84 (Contd.) Fee paid USD (in words) .......................................................................................................................... ..................................... (USD. .......................................) Receipt No. ...................... ............. Dated at ............................................. this day of ................................ 20.......................... ............................................... Director General (Name, Signature and Seal) Dodoma, 3rd February, 2020 HAMISI A. KIGWANGALLA Minister for Natural Resources and Tourism 13