Uganda Wildlife Act

Section Purpose of Act Section The purpose of this Act is to provide for— the conservation of wildlife throughout Uganda so that the abundance and diversity of their species are maintained at optimum levels commensurate with other forms of land use, in order to support sustainable utilisation of wildlife for the benefit of the people of Uganda; the sustainable management of wildlife conservation areas; the protection of rare, endangered and endemic species of wild plants and animals; ecologically acceptable control of problem animals; the enhancement of economic and social benefits from wildlife management by establishing wildlife use rights and the promotion of tourism; the control of import, export and re-export of wildlife species and specimens; the implementation of relevant international treaties, conventions, agreements or other arrangement to which Uganda is a party; and public participation in wildlife management. For the better achievement of the purpose of this Act, the Authority and every person responsible for the administration of this Act shall ensure that measures taken or instituted under this Act are based on scientific information including the monitoring of speci...

Section Interpretation Section 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; “ alien species ” means species of a plant or animal whose natural range does not or did not include a specific part of Uganda or the whole of Uganda; “ animal ” includes a member of the animal kingdom but excludes human beings; “ Authority ” means the Uganda Wildlife Authority referred to under section 5 ; “ biodiversity ” means the variability among living organisms from all sources including ecosystems, species , genetic diversity and the ecological complexes; “ Board ” means the Board established under section 8 ; “ CITES ” means the Convention on International Trade in Endangered Species of Wild Flora and Fauna; “ CITES Management Authority ” means an institution of Government designated as such in accordance with CITES ; “ CITES Scientific Authority ” means an institution of Government designated as such in accordance with CITES ; “ community ” means an assemblage of human beings...

Section Ownership of wildlife Section The ownership of a wild animal and wild plant existing in the wild habitat in Uganda is vested in the Government on behalf of, and for the benefit of, the people of Uganda. Where a wild plant or wild animal is lawfully taken by any person, the ownership of that plant or animal shall, subject to this Act, vest in that person. If a protected species is lawfully taken under a permit or a licence issued or wildlife use right granted under this Act, the ownership of that animal or plant shall, subject to this Act and to the terms and conditions of the licence, vest in the licensee or a holder of a wildlife use right . A wild plant or wild animal lawfully vested in a person before the commencement of this Act shall, subject to this Act, continue to be vested in that person. Except in accordance with a licence issued or wildlife use right granted under this Act, a person shall not claim ownership of any protected animal found dead or dying, or a protected plant that has been cut down. The Minister may, on the advice of the Board , by regulations prescribe measures for the registration and management of the specimens used for cultural purposes by any c...

Section Composition of Board Section The Board shall consist of the following— a member with professional experience in wildlife conservation science and in activities related to wildlife use rights management; a member with professional experience in corporate governance; a member with professional experience in matters related to management of protected areas; a member with experience in activities related to wildlife tour operations; a member with experience in activities related to tourism concessions in conservation areas; a representative of the Ministry responsible for agriculture; a representative of the Ministry responsible for wildlife ; a representative of the Ministry responsible for finance; a representative of the local communities surrounding the conservation areas nominated by Uganda Local Government Association; and the Executive Director who shall be Secretary to the Board and an ex officio and non-voting member of the Board . The Minister shall appoint the Chairperson of the Board from among the members of the Board . A person with a running concession with the Authority , shall not be appointed a member of the Board . For purposes of this section, a “ concession...

Section Remuneration of Board Section The Chairperson and members of the Board shall be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance, specify in the instrument of appointment.

Section Tenure Section A member of the Board , other than the Executive Director , shall hold office for three years or until his or her appointment is revoked by the nominating or appointing authority. A member of the Board is eligible for re-appointment for one further term only.

Section Termination of appointment Section The Minister may remove a member of the Board other than the Executive Director for the following— A member of the Board may, at any time, resign his or her office by giving thirty days’ notice in writing to the Minister . if information relating to the conduct of the member, which could have precluded his or her appointment if it had been made available to the Minister at the time of the appointment, is brought to the attention of the Minister ; incompetence; misbehaviour or misconduct; failure to disclose, at a Board meeting, a matter in which he or she has a conflict of interest; inability to discharge the functions of his or her office by reason of infirmity of body or mind; conviction of an offence and a sentence to imprisonment for six months or more without the option of a fine by a competent court in Uganda or outside Uganda; bankruptcy; or for absence, without prior permission of the Chairperson, or without reasonable cause to the satisfaction of the Minister , for more than four consecutive meetings of the Board , or absence from Uganda for more than twelve months. Where there is cause to remove a member under subsection (2) , th...

Section Filling of vacancy on Board Section Where a member of the Board resigns, dies, is removed from office or is for any other reason unable to act as a member of the Board , the Chairperson shall notify the Minister of the vacancy within one month after the occurrence. The Minister shall, after being notified of the vacancy under subsection (1) , in accordance with section 10 , appoint another person to hold office for the remainder of the term of the previous member. Where the member of the Board referred to in subsection (1) is the Chairperson of the Board , the secretary to the Board shall notify the Minister of the vacancy and the Minister shall appoint one of the members of the Board to hold the office of the Chairperson for the unexpired term of office of the Chairperson.

Section Committees of Board Section The Board may appoint committees of the Board — to inquire into and advise the Board on any matter concerning the functions of the Board as it may refer to the committee; and to exercise such powers or perform such functions of the Board as the Board may delegate or refer to the committee. A committee appointed under subsection (1) shall consist of a Chairperson who shall be a member of the Board and other members of the Board . The Board shall in writing, specify the terms and conditions of service of the members of a committee appointed under this section. Members of a committee appointed under this section shall be paid such allowances as the Board may determine. The Board may require a committee appointed under this section to act jointly or in cooperation with any other committee. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure.

Section Meetings of Board Section The Board shall, in conducting its meetings, follow the procedure prescribed in Schedule 2 to this Act.

Section Executive Director Section Without prejudice to the generality of subsection (2) , the Executive Director shall be responsible for— The Executive Director shall cease to hold office if— he or she is removed from office by the Minister upon the recommendation of the Board for— There shall be an Executive Director appointed by the Minister on the recommendation of the Board . The Executive Director shall be the chief executive officer of the Authority and shall be responsible to the Board for the day-to-day operations of the Authority and the administration of this Act. the development and implementation of strategic plans to guide the Authority in achieving its objectives; the development and implementation of management plans for conservation areas or for species and classes of species of wildlife populations; the implementation of economic, efficient and cost-effective internal management structures and processes; and any other function the Board may assign. The Executive Director shall, where directed by the Board , delegate any of the functions vested in him or her by this Act or any other law to an officer as shall enable the functions of the Authority to be discharged...

Section Other staff of Authority Section Where the terms and conditions of service determined under subsection (2) authorise a member of staff to possess a firearm in the course of his or her duties, the member of staff shall, in addition to any other terms and conditions the Authority may impose under this section, be governed by regulations made by the Minister in consultation with the Inspector General of Police regarding— The Board shall appoint other staff of the Authority . The Board shall, on the advice of the Executive Director , establish or review staff positions and determine terms and conditions of service of staff. powers of search and arrest; training; discipline; and use of firearms. Subject to Article 120(3) and (4)(a) of the Constitution and subject to the directions of the Director of Public Prosecutions, in any prosecution under this Act, an officer shall exercise all the powers of a public prosecutor appointed under any law in force. The staff positions to which subsection (2) applies shall, on being established, be published by notice in the Gazette .

Section Honorary wildlife officer Section The Board may, on the advice of the Executive Director , appoint an honorary wildlife officer to assist in the implementation of this Act. The appointment under subsection (1) shall be on such terms and conditions as the Board may determine. The appointment of an honorary wildlife officer may be effective for an area or function as the Board may determine and shall be published by notice in the Gazette .

Section Community wildlife committee Section There is established a community wildlife committee for each wildlife conservation area with the following functions— A community wildlife committee for a wildlife conservation area shall comprise of the following— to act as a liaison between the Authority and the local community ; to supervise the utilisation of grants by a local government in respect of a wildlife conservation area ; to advise the Authority on the day-to-day management of a wildlife conservation area ; and to advise the local community on matters of wildlife conservation and development around conservation areas. a representative of the Authority from that conservation area who shall be the secretary to the committee; a representative of each of the district local governments surrounding the conservation area ; a wildlife conservation non-governmental organisation operating around the wildlife conservation area ; and a representative of a community wildlife association operating within the wildlife conservation area . A community wildlife committee shall elect a chairperson from the local government representatives at its first sitting. The members of a community wildl...

Section Role of Ministry Section The Ministry shall supervise the sector through— overall sector planning and coordination; policy development; control of international wildlife trade; coordinating implementation of bilateral and multilateral agreements on wildlife conservation and related matters; and monitoring and evaluation of the implementation of wildlife conservation policies and this Act.

Section Uganda Wildlife Authority Section The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its own name, be capable of— The Uganda Wildlife Authority in existence immediately before the coming into force of this Act shall continue in existence subject to this Act. acquiring and holding property; suing and being sued; and doing all acts and things that a body corporate may lawfully do or suffer. Subject to subsection (2)(b) , all suits in respect to a claim of ownership of land gazetted under this Act shall be instituted against the Attorney General. The Authority shall be under the general supervision of the Minister .

Section Functions of Authority Section The functions of the Authority are— to ensure the sustainable management of wildlife conservation areas; to propose policies on wildlife management to the Minister ; to implement Government policies on wildlife management; to identify and recommend areas for declaration as wildlife conservation areas and for the revocation of that declaration; to develop, implement and monitor collaborative arrangements for the management of wildlife ; to establish and implement management plans for wildlife conservation areas and for wildlife populations outside wildlife conservation areas; to develop and implement management and administrative policies for better implementation of national policies and laws relating to wildlife management in Uganda; to control and monitor industrial, energy development, mining, oil and gas exploration, development and production, and related activities in wildlife conservation areas; to monitor and control problem animals and support capacity development of local governments to control and manage vermin ; to control national and international trade in wildlife specimen in collaboration with the Ministry ; in consultation wit...

Section Delegation and coordination of functions and duties Section The Authority may, in the performance of its functions under this Act, delegate, in writing, any of its functions to a lead agency , a committee or public officer . Where the Authority delegates any of its functions in accordance with subsection (1) , it shall make the necessary arrangements with the lead agency to facilitate the performance of the delegated functions.

Section The Board Section The governing body of the Authority shall be the Board . The Board shall be appointed by the Minister with the approval of Cabinet.

Section Functions of Board Section The Board shall— be the trustee for wildlife inside wildlife protected areas, wild animals outside wildlife protected areas and wildlife protected areas in Uganda; examine and recommend proposals for developing a wildlife policy; review and approve management and strategic plans of the Authority ; recommend to the Minister the wildlife conservation areas that are eligible for declaration and the revocation of any declaration; develop guidelines and procedures for better implementation of Government policies and laws relating to wildlife management; solicit and receive grants, gifts, donations, subscriptions and any other contributions to the Fund ; manage the funds and the business of the Authority in accordance with generally accepted principles of business management; encourage education, training and public awareness on wildlife and public participation in wildlife management; and review and approve annual plans, budgets, reports and audited financial statements of the Authority . The Board shall be responsible to the Minister in the performance of its functions. The Board may appoint a technical committee to advise the Board on matters relatin...

Section Management plans Section The Board shall develop a conservation planning manual that takes cognizance of the national policies and development planning frameworks. The Executive Director shall, with the approval of the Board , prepare and publish a comprehensive management plan for each wildlife protected area and wildlife management area , in accordance with the conservation planning manual. The Executive Director shall publish in a daily newspaper and in any other appropriate form of media, a notice of his or her intention to prepare a management plan and invite suggestions from all interested parties of the matters to consider in the plan. The Executive Director shall request a district council within whose area the wildlife protected area or the wildlife management area falls in whole or in part to forward to him or her within twenty-one days, any proposals for inclusion in the plan. In the performance of his or her duties under this section, the Executive Director shall hold public meetings and attend meetings of the district council referred to in subsection (4) to explain the proposals in the plan and to consider suggestions put forward by those attending the meeting...

Section Commercial arrangement to manage conservation areas and species Section The Executive Director may with the approval of the Board enter into any suitable commercial or collaborative arrangement with any person for— the management of a conservation area or a portion of the conservation area ; the provision of services and infrastructure in a conservation area ; or the management of a species or a class of species of animals or plants. A person entering into an arrangement with the Authority under subsection (1) , shall submit a management plan in the prescribed form and manner.

Section Environmental impact assessment Section A developer desiring to undertake a project which may have a significant effect on any wildlife species or community shall undertake an environmental impact assessment in accordance with the National Environment Act. The Authority shall perform all the functions required of a lead agency for purposes of an environmental impact assessment under the National Environment Act and any regulations made under the National Environment Act unless the Authority is the developer .

Section Environmental audit and monitoring Section The Authority shall in consultation with the National Environment Management Authority carry out audits and monitoring or cause audits and monitoring of projects that impact on wildlife to be carried out in accordance with the National Environment Act and any regulations made under that Act.

Section Procedure for declaration of wildlife conservation area Section The Minister may, by statutory instrument, after consultation with the local government council in whose area a proposed wildlife conservation area falls, and with the approval of Parliament signified by its resolution, declare an area of land or water to be a wildlife conservation area . Before making a declaration under subsection (1) , the Minister shall ensure that an environmental impact assessment study and any other study that may be required, have been conducted in accordance with the National Environment Act. A person conducting a study under subsection (2) shall investigate and make a report to the Minister on the social and ecological consequences of the declaration of the proposed wildlife conservation area . The report made under subsection (3) shall be submitted to the Minister , with the recommendation of the Board on the proposed declaration, within ninety days of the study being undertaken.

Section Description of wildlife conservation area Section A declaration under section 25(1) shall state— A wildlife protected area under subsection (1) shall be— A wildlife management area under subsection (1) shall be— A national park declared under subsection (2)(a) shall be an area in which the following activities may be permitted— A wildlife reserve declared under subsection (2)(b) shall be an area in which the following activities are permitted— whether the wildlife conservation area is to be a wildlife protected area or a wildlife management area ; and the name and detailed boundary description of the wildlife protected area or the wildlife management area under this section. a national park ; a wildlife reserve ; or any other area the Minister may declare as a wildlife protected area . a wildlife sanctuary ; a community wildlife management area ; or any other area the Minister may declare as a wildlife management area . The Minister may, by statutory instrument, made with the approval of Parliament, declare any other area other than the areas to which subsections (2) and (3) apply, to be a conservation area . biodiversity conservation ; recreation; scenic viewing; scientifi...

Section Purpose of wildlife protected area Section The purpose of declaring a wildlife protected area under section 26(2) shall be— The purpose of declaring a wildlife management area under section 26(3) shall be— to preserve selected examples of the biotic communities of Uganda and their physical environments; to protect areas of aesthetic beauty and of special interest; to preserve populations of rare, endemic and endangered species of wild plants and animals; to assist in water catchment conservation ; to generate economic benefits from wildlife conservation for the people of Uganda; without prejudice to the purposes listed in paragraphs (a) , (b) , (c) and (d) , and within any limitations imposed by them, to provide facilities for studying the phenomena in the wildlife conservation area for the advancement of science and understanding; and without prejudice to the purposes listed in paragraphs (a) , (b) , (c) , (d) and (e) , and within any limitations imposed by them, to provide facilities for public use and enjoyment of the resources in the wildlife conservation area . to manage and control the use of land by people and communities living in the area so that it is possible for...

Section Temporary management measures Section Where it is intended that an area be declared a wildlife conservation area under section 25 and any action to do so in accordance with this Act has started, the Minister may, after seeking and taking into account the views of each local government council having jurisdiction in the area, and on the recommendation of the Board , make administrative arrangements for the management of the area by imposing temporary management measures effective for a period not exceeding six months pending declaration of the area as a wildlife conservation area and shall cause notice of the institution of those arrangements to be published in the Gazette . An area to which temporary management measures apply under subsection (1) shall be managed by the Executive Director in accordance with the administrative arrangements made under subsection (1) . A person who does not comply with a directive or instruction by the Executive Director or any officer duly authorised by the Executive Director in the management of an area under this section commits an offence.

Section General offences in wildlife conservation areas Section Unless provided for by this Act, a person who in a wildlife conservation area — hunts, takes, kills, injures or disturbs any wild plant, wild animal or domestic animal ; takes, destroys, damages or defaces any object of geomorphological, archaeological, historical, cultural or scientific interest, or any structure lawfully placed or constructed; prepares land for cultivation, prospects for minerals or mines or attempts any of these operations; drives, conveys or introduces any wild animal into a wildlife conservation area ; wilfully drives, conveys, introduces any domestic animal into a national park or negligently permits any domestic animal , of which he or she is for the time being in charge, to stray into a wildlife conservation area ; or starts or maintains a fire without lawful authority, commits an offence.

Section Entering wildlife protected area without permission Section A person who, except in accordance with this Act, attempts to enter into, enters into, resides in, or attempts to reside in a wildlife protected area without permission by the Authority , commits an offence. Subsection (1) shall not apply to a member of staff of the Ministry , Authority , Police, Prisons or the Army on official duty requiring his or her presence in a wildlife protected area . The Authority may issue to any person a permit, in the prescribed form, to enter or reside in any wildlife protected area subject to payment by that person of the prescribed fee, if any.

Section Use of wildlife resources Section Where it is intended to harvest a wildlife resource, subject to section 35 , the Executive Director shall ensure that the annual harvest does not exceed the sustainable yield level .

Section Historic rights of communities around conservation areas Section The Authority shall establish guidelines for sustainable access of communities neighbouring conservation areas to resources which are historically crucial to the survival of those communities. The Authority may study, identify and protect historical or cultural interests of any community resident around a wildlife conservation area . The Authority shall recommend to the Minister that any rights to and in a protected area shall be acquired in the public interest under Article 237(2)(a) of the Constitution if the continued private ownership or control of those interests is contrary to the needs of the sustainable management of wildlife .

Section Regulations governing wildlife conservation areas Section Notwithstanding subsection (1) , the regulations may provide for— Regulations made under subsection (1) may, in respect of any contravention of any of the regulations— Subject to section 6 , the Minister may, by statutory instrument, on the advice of the Board , make regulations for the management of a wildlife conservation area declared under section 25 . the use of weapons, traps, firearms, explosives or any other device; the conditions under which a person, vehicle, boat or aircraft may enter, travel through, reside or be in a wildlife conservation area ; the conditions for lighting a picnic fire, the use of a lamp or fire or a general prohibition on the use of fire in a wildlife conservation area ; the control of the disposal of litter or waste; the keeping of a domestic animal in a wildlife conservation area ; the control of the introduction of an alien species of an animal or plant; the control of the use of a wildlife resource; and the prohibition or control of a commercial enterprise within a wildlife conservation area . prescribe a penalty of a fine not exceeding five thousand currency points or imprisonment...

Section Import, export or re-export permit Section A person who imports, exports or re-exports or attempts to import, export or re-export any species or specimen — The CITES Management Authority on the advice of the CITES Scientific Authority may issue to any person a permit in a prescribed form to import, export or re-export any wildlife species or wildlife specimen . without a permit; or without passing through a designated customs post or port; commits an offence. A person who is convicted of an offence under this section or under regulations made under section 63 is liable to a fine not exceeding ten thousand currency points or to life imprisonment, or both.

Section Additional restriction on import, export, transit or re-export of specimen Section The Minister may, after consulting the Minister responsible for trade, make regulations imposing additional restrictions on import, export, re-export or transit of wildlife species or wildlife specimen . A person who contravenes the regulations made under subsection (1) commits an offence.

Section Declaration of protected species Section The Minister shall, by statutory instrument, on the recommendation of the Board , publish in the Gazette an updated list of wildlife species of Uganda indicating the following conservation status— An instrument made under subsection (3) shall state whether a species of wild animal or plant shall be— The wildlife species listed in Schedule 3 to this Act are protected species in Uganda. The wildlife species which are protected under any international convention or treaty to which Uganda is a party are protected species . extinct ; extinct in the wild ; critically endangered ; endangered ; vulnerable ; threatened; nearly threatened ; data deficient ; and any other category. An instrument made under subsection (3) may apply to an individual species throughout Uganda, or to all or some species in a specified area or to varieties of species , including sex and age groups. a fully protected species which may not be subject to wildlife use rights; or a partially protected species to be utilised only subject to a grant of a wildlife use right .

Section Classes of wildlife use rights Section The wildlife use rights are classified as follows— Class A wildlife use right which confers a right to hunt wildlife ; Class B wildlife use right which permits farming of wildlife ; Class C wildlife use right which permits ranching of wildlife ; Class D wildlife use right which permits trading in wildlife and wildlife products; Class E wildlife use right which permits using wildlife for educational or scientific purposes including medical experiments and developments; Class F wildlife use right which permits community resource access; Class G wildlife use right which permits use of wildlife as pets or ornaments; and Class H wildlife use right which permits use of wildlife for tourism and recreation. The Minister may, by statutory instrument, on the advice of the Board signified by its resolution, vary, revoke or create additional wildlife use rights. The CITES Management Authority shall, on the recommendation of the Board , set annual species quotas in relation to a wildlife use right that involves extractive utilisation of a wildlife species .

Section Prohibition of utilisation of wildlife without wildlife use right Section No person shall engage in any of the activities under section 35 or any other activity of a like nature which involves the utilisation of wildlife or wildlife products without a wildlife use right . Notwithstanding subsection (1) , the Authority may study, identify and protect cultural interests of any individual or class of persons in a wildlife conservation area not protected by any other law. A person who engages in any of the activities under section 35 or any other activity of a like nature which involves the utilisation of wildlife or wildlife products without a wildlife use right commits an offence.

Section Application for grant of wildlife use right Section An application for a wildlife use right under subsection (1) shall— An application for a wildlife use right under subsection (1) shall be accompanied by a certificate which shall state— A person, community or lead agency may apply to the Authority for one or more wildlife use rights to be granted to them. be made in the prescribed form; be in the prescribed manner; be accompanied by the prescribed fee; and contain information as may be prescribed. Where the applicant is a community or part of a community , a statement of the procedures used to explain the proposals to and obtain the support of the community or that part of the community which is involved in the application and of the structure, organisation and proposed powers of the body which, on behalf of the community or part of the community , is going to manage the activity for which a grant of a wildlife use right is being applied for shall be submitted with the application. that the applicant has informed all adjacent owners and occupiers of land of his or her application; the nature of the representations received from all those to whom information about the appli...

Section Consideration of application for wildlife use right Section On receiving the application under section 37 , the Authority — The Authority shall not be under any obligation to— In determining whether to grant a wildlife use right with or without conditions, or reject an application, the Authority shall take into account— The conditions subject to which a wildlife use right may be granted may deal with all or any of the following— shall satisfy itself that the provisions of section 37(3) , (4) and (5) have been complied with by the applicant and may, in order to satisfy itself, make such inquiries of such persons as it thinks fit; shall send a copy of the application to the district council having jurisdiction in the area of the application, requesting the district council to comment on the application within twenty-one days of receipt of the copy of the application; may require the applicant to supply further information about his or her application; and may seek advice about the application from the applicant and from any person as it thinks is likely to assist it to determine the application and for this purpose may send a copy of the application to that person. send comme...

Section Compliance with terms of wildlife use right Section Where it appears to the Authority that a holder of a wildlife use right is not complying with the terms of the wildlife use right or any conditions subject to which the grant of a wildlife use right has been made, the Authority may take the following actions— request the holder of a wildlife use right to attend a meeting with officers of the Authority to discuss the matter of compliance and— where there is an admission of non-compliance, to agree upon a programme and timetable to rectify the non-compliance; or where there is no admission of non-compliance but the Authority is of the opinion that there has been non-compliance, the Authority may inform the holder of a wildlife use right that unless a specified action is taken in a specified time, the Authority shall serve a compliance notice on the holder of a wildlife use right ; issue a compliance notice and serve a copy on the holder of a wildlife use right and any other person who is required to be served with a copy; issue a stop notice and serve a copy on the holder of a wildlife use right and any other person who is required to be served with a copy; or revoke the wil...

Section Service of compliance notice Section A compliance notice shall specify— Where it appears to the Authority that a holder of a wildlife use right is not complying with the terms and conditions of that wildlife use right or has failed to comply with the agreement referred to in section 39(1)(a)(i) , the Authority may issue a compliance notice and serve a copy on the holder of a wildlife use right and on any other person the Authority considers necessary or as regulations may specify. the wildlife use right to which it refers; the action or non-action in relation to that wildlife use right which it is alleged constitutes non-compliance with the terms and conditions of the wildlife use right ; the person to whom it is addressed; the action which shall be taken to rectify the non-compliance and the time, being not less than thirty days, within which the action shall be taken; the power of the Authority to take action as may be necessary, including entering land or a building and taking possession of specimens, books, papers and other possessions of the holder of a wildlife use right and any other person involved in the exercise of the wildlife use right in order to prevent or bri...

Section Reconsideration of compliance notice Section At any time within twenty-one days of the service of a compliance notice, a person on whom the notice has been served may, giving reasons in writing, request the Authority to reconsider that notice. Where a request has been made under subsection (1) , the Authority shall, within twenty-one days after receipt of that request, reconsider the notice and notify in writing the person who made the request of its decision on that notice. Where a written request has been made under subsection (1) , the compliance notice shall continue in effect until varied, suspended or withdrawn under subsection (4) and if varied, shall apply to the activity in respect of which it was served as so varied. The Authority may, after re-considering the compliance notice and the activity to which it refers, confirm, vary, suspend or withdraw that notice. The Authority shall give a person who has requested a re­consideration of a compliance notice the opportunity to be heard orally before a decision is made.

Section Activity by Authority on compliance notice Section Where a person on whom a compliance notice has been served fails, neglects or refuses to take the action required by the notice, the Authority may enter or authorise the entry by other persons on to any land or building under the control of the person on whom the compliance notice is served and take necessary action, whether of the kind specified in the compliance notice under section 40(2)(e) or otherwise in relation to the activity to which the compliance order relates. Where the Authority has exercised the powers under subsection (1) , it may recover as a civil debt in any court of competent jurisdiction from the person referred to in subsection (1) the expenses incurred by it in the exercise of that power.

Section Stop notice Section Where the Authority has served a compliance notice but considers it expedient to prevent the continuation of any activity to which that notice refers before the expiry of the period within which that notice must be complied with, it may, when serving a copy of the compliance notice, or afterwards, serve a stop notice prohibiting all or part of the activity referred to in the compliance notice. A stop notice shall refer to the compliance notice to which it relates and shall have a copy of that notice annexed to it. A stop notice shall be served on a person on whom a compliance notice has been served and, in addition, may be served on any other person who appears to the Authority to be involved in the activity to which the compliance notice relates. A stop notice shall not take effect until on a date as may be specified in the notice, which shall be not earlier than two days nor later than fourteen days after the date on which the notice was first served on a person. A stop notice shall cease to have effect in relation to the activities to which it refers where the compliance notice to which it refers is withdrawn, or quashed on appeal, or the compliance n...

Section Variation of wildlife use right Section Where the Authority is satisfied that it is necessary to vary a grant of a wildlife use right or the conditions subject to which a wildlife use right was granted, as a result of a natural disaster or any other reason that appears to it to be relevant, it may, subject to this section, issue a notice of variation and serve a copy of that notice on every holder of a wildlife use right which is being varied. Where a holder of a wildlife use right is served with a notice of variation for reasons which are applicable to that right holder personally, he or she may request the Authority to reconsider the variation and on a request being made to the Authority , section 41 shall apply. Where one or more holders of a wildlife use right have been served with notices of variation for reasons which are applicable on a general basis, the Authority shall not consider any individual request from any right holder for a reconsideration but shall, on its own motion, reconsider the variation not less than once every six months and in so doing may seek and take into account information and advice as appears to it to be well-founded to assist it to reach a...

Section Revocation of wildlife use right Section Where a wildlife use right has been revoked for reasons other than non-compliance with the terms or the conditions subject to which the wildlife use right has been made, the holder of a wildlife use right which is revoked shall be entitled— Where the Authority is satisfied that it is expedient that a grant of a wildlife use right be revoked, it may, issue a notice of revocation and serve a copy of the notice on a holder of a wildlife use right whose wildlife use right is revoked. Where a holder of a wildlife use right has been served with a notice of revocation for reasons which are applicable to that holder of a wildlife use right personally, or where a holder of a wildlife use right can show clearly that he or she will suffer disproportionately more from a revocation made for general reasons than the generality of right holders, he or she may request the Authority to reconsider that revocation and on a request made to the authority, section 41 shall apply. Where one or more holders of a wildlife use right have been served with a notice of revocation for reasons which are applicable on a general basis, the Authority shall not, subje...

Section Surrender of wildlife use right Section A holder of a wildlife use right may, in writing, at any time surrender his or her wildlife use right to the Authority . The surrender of a wildlife use right shall not absolve the holder of a wildlife use right who has surrendered that right from any civil or criminal liabilities, arising from the exercise of the wildlife use right before the surrender of the right or which, as a result of any actions taken by the holder of a wildlife use right while he or she was exercising the wildlife use right , may arise in the future. A holder of a wildlife use right who has surrendered his or her wildlife use right shall not be entitled to remission of fees paid in connection with that right, or, be entitled to claim compensation in respect of losses directly attributable to the surrender.

Section Transferability of wildlife use rights Section Wildlife use rights shall be transferable as follows— The Minister may, by statutory instrument, on the recommendation of the Authority , provide— a class A and class E wildlife use right shall be transferable only with the permission of the Authority ; a class B, class C, class D and class F wildlife use right shall be transferable as a private property right subject to this Act; and any other class of wildlife use right prescribed by regulations shall be transferable to the extent and in accordance with procedures prescribed in those regulations. A transfer of a class A and a class E wildlife use right shall be referred to as a “permitted transfer”. A transfer of a class B, C, D and F wildlife use right shall be referred to as a “market transfer ”. Section 46(2) shall apply to the transferor of a wildlife use right in the same manner and to the same extent as it applies to a holder of a wildlife use right who has surrendered his or her wildlife use right . A transferor of a wildlife use right shall be under a duty to ensure that his or her name and all relevant and prescribed details are deleted or removed from the certificat...

Section Permitted transfer Section An application for a grant of a permitted transfer shall be made in the prescribed form and manner and shall be accompanied by the prescribed fee. An application for a grant of a permitted transfer shall be signed by the proposed transferee and the proposed transferor. Sections 37(3) , (4) and (5) and 38(1) , (2) , (3) and (4) shall apply to an application for and the consideration and determination of a grant of a permitted transfer as they apply to the matters provided for by those subsections. The Authority may, in granting a permitted transfer, add to, vary, modify or delete any condition subject to which the wildlife use right was first granted or, as the case may be, was first transferred. Where the Authority has granted a permitted transfer, the Authority shall take all necessary steps to assist the transferor and transferee to comply with their duties as set out in sections 47(5) and (6) as expeditiously as possible.