Uganda Wildlife Act

Cap. 315 Act 17 of 2019 Current version · as at 31 December 2023

An Act to provide for the conservation and sustainable management of wildlife; to strengthen wildlife conservation and management; to provide for the roles and responsibilities of institutions involved in wildlife conservation and management and for related matters.

Enacted2019

Commenced27 September 2019

Last amended—

About this Act

Jurisdiction

Uganda

Type

Principal Legislation

Status

In force

Language

English

Full text of the Act

12 parts · 94 sections · 4 Schedules

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Uganda Wildlife Act

Chapter 315

Commenced on 27 September 2019

[This is the version of this document at 31 December 2023.]

Part I

Purpose of Act

(1)

The purpose of this Act is to provide for-

(a)

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;

(b)

the sustainable management of wildlife conservation areas;

(c)

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

(d)

ecologically acceptable control of problem animals;

(e)

the enhancement of economic and social benefits from wildlife management by establishing wildlife use rights and the promotion of tourism;

(f)

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

(g)

the implementation of relevant international treaties, conventions, agreements or other arrangement to which Uganda is a party; and

(h)

public participation in wildlife management.

(2)

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 species status and habitat condition, as well as taking into account the views of affected communities.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Purpose of Act”.

“(1) The purpose of this Act is to provide for-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The purpose of this Act is to provide for-
(a) 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;
(b) the sustainable management of wildlife conservation areas;
(c) the protection of rare, endangered and endemic species of wild plants and animals;
(d) ecologically acceptable control of problem animals;
(e) the enhancement of economic and social benefits from wildlife management by establishing wildlife use rights and the promotion of tourism;
(f) the control of import, export and re-export of wildlife species and specimens;
(g) the implementation of relevant international treaties, conventions, agreements or other arrangement to which Uganda is a party; and

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

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;

"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 living in a defined geographic area and identified by a common history, a common culture or a common residence in that area;

"community wildlife management area" means an area described as a community wildlife management area under section 26(8) ;

"concession" means a right granted to a person to set up and operate an economic enterprise within a conservation area or any other area of wildlife conservation importance;

"conservation" means an activity in which people make conscious efforts to protect the earth's biological diversity;

"conservation area" includes a wildlife protected area and a community wildlife management area or any other area declared to be a wildlife conservation area;

"critically endangered" means wildlife that is at high risk of extinction in the wild in Uganda;

"currency point" has the value assigned to it in Schedule 1 to this Act;

"dangerous animal" means an animal that has potential to cause injury, death and other hazards to a person, which the Minister in consultation with the Board, by notice in the Gazette, determines to be a dangerous animal;

"data deficient" means that data available on a specific wildlife is not enough to make an assessment of risk of extinction of that wildlife;

"developer" includes a person who or an institution which carries out any business related to wildlife management or one which has an impact on wildlife management or conservation areas;

"domestic animal" means an animal species that is under the direct control of man with no member of its species naturally occurring in the wild;

"endangered" means wildlife that is at risk of extinction in the wild in Uganda;

"Executive Director" means the Executive Director appointed under section 17 ;

"extinct" means wildlife species which occurred in Uganda but there are no known individuals remaining in Uganda;

"extinct in the wild" means wildlife species known only to survive in captivity, or as a naturalized population outside its historic range in Uganda;

"extractive utilisation" means the physical removal of wildlife or their products from their natural habitats as permitted under Wildlife Use Rights Regime;

"firearm" has the meaning assigned to it under section 2 of the Firearms Act;

"Fund" means the Wildlife Fund referred to under section 64 ;

"hunt" includes any act directed at capturing, killing, wounding or injuring an animal;

"lead agency" means any Ministry, department, parastatal or agency of Government in which or whom any law vests functions related to the management of wildlife or wildlife conservation areas and includes any local government council established under the Local Governments Act;

"local community" includes persons and households living in a defined geographical area, in close proximity to a wildlife conservation area, and identified by common history, common culture or common residence and include all the residents of a parish which shares a boundary with a wildlife conservation area;

"Minister" means the minister responsible for wildlife;

"Ministry" means the ministry responsible for wildlife;

"national park" means an area of international or national importance which due to its biological diversity, landscape or natural heritage has been described as a national park;

"nearly threatened" means wildlife likely to become endangered in the near future;

"officer" includes the Executive Director, any other officer appointed under section 18 or an honorary wildlife officer appointed under section 19 ;

"possession" means having ownership, custody or control of an item with the intention to posses;

"problem animal" means any wild animal that poses a threat to human life or property outside protected areas and has been declared as such under this Act;

"professional hunter" means a person who for reward directly assists another person in hunting wild animals;

"professional trapper" means a person who captures a wild animal for the purpose of offering it for sale;

"protected species" means a wild plant or animal found within a wildlife conservation area and includes a wild animal outside a wildlife conservation area which is not declared vermin;

"quota" means an allocated quantity of a wildlife specimen;

"re-export" means to export a specimen previously imported into Uganda;

"species" means a population of individual organisms capable of mating with one another and producing offspring in a natural setting and that share common and specialised characteristics from others;

"specimen" means any wildlife, alive or dead, whether or not native to Uganda, and any part or derivative of such wildlife;

"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 that rate of harvesting;

"take" includes-

(a)

in relation to an animal, drug, catch, capture, trap or kill;

(b)

in relation to a plant specimen or any part of a plant specimen, pick, gather, cut or uproot;

"trap" includes any act directed at capturing any animal and the taking or wilful molestation of any nest, lair or other place where the dependent young are bom, hatched or reared;

"vermin" includes a wild animal that is destructive, annoying or injurious to health and with due regard to its conservation status has been declared as such under section 54 ;

"vulnerable" means wildlife that is at high risk of endangerment in the wild within Uganda;

"wild" means untamed;

"wild animal" means any non-domestic animal whether living in a natural habitat or in captivity;

"wildlife" means any wild plant or animal species or their derivative products that are indigenous, migrated to or introduced in Uganda;

"wildlife conservation" means the protection, maintenance, rehabilitation, restoration, enhancement, management and sustainable use of wildlife and their ecosystems;

"wildlife conservation area" includes a wildlife protected area or community wildlife management area;

"wildlife management area" includes an area which is provided for as a wildlife sanctuary or a community wildlife management area as provided for under sections 26 and 27 ;

"wildlife protected area" includes an area which is provided for as a national park or a wildlife reserve as provided in section 26 ;

"wildlife reserve" means any area of national or local importance which because of its biological diversity, landscape, or natural heritage is provided for as a wildlife reserve under section 26 ;

"wildlife sanctuary" means any area which is provided for as a wildlife sanctuary under section 26 for the purpose of protecting a species of animals or plants or a class of that species; and

"wildlife use right" means a right granted to a person, community or organisation to use wildlife in accordance with this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “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;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

"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;

50 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 5 · Uganda Wildlife Authority Section 8 · The Board Section 26 · Description of wildlife conservation area Section 17 · Executive Director Section 64 · Wildlife Fund Section 18 · Other staff of Authority Section 19 · Honorary wildlife officer Section 54 · Declaration of vermin Section 27 · Purpose of wildlife protected area Firearms Act Local Governments Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Ownership of wildlife

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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 community.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Ownership of wildlife”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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 community.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part II

Role of Ministry

The Ministry shall supervise the sector through (a) overall sector planning and coordination;

(b)

policy development;

(c)

control of international wildlife trade;

(d)

coordinating implementation of bilateral and multilateral agreements on wildlife conservation and related matters; and

(e)

monitoring and evaluation of the implementation of wildlife conservation policies and this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Role of Ministry”.

“The Ministry shall supervise the sector through (a) overall sector planning and coordination;”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(b) policy development;
(c) control of international wildlife trade;
(d) coordinating implementation of bilateral and multilateral agreements on wildlife conservation and related matters; and
(e) monitoring and evaluation of the implementation of wildlife conservation policies and this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Uganda Wildlife Authority

(1)

The Uganda Wildlife Authority in existence immediately before the coming into force of this Act shall continue in existence subject to this Act.

(2)

The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its own name, be capable of-

(a)

acquiring and holding property;

(b)

suing and being sued; and

(c)

doing all acts and things that a body corporate may lawfully do or suffer.

(3)

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.

(4)

The Authority shall be under the general supervision of the Minister.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Uganda Wildlife Authority”.

“(1) The Uganda Wildlife Authority in existence immediately before the coming into force of this Act shall continue in existence subject to this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Uganda Wildlife Authority in existence immediately before the coming into force of this Act shall continue in existence subject to this Act.
(2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its own name, be capable of-
(a) acquiring and holding property;
(b) suing and being sued; and
(c) doing all acts and things that a body corporate may lawfully do or suffer.
(3) 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.
(4) The Authority shall be under the general supervision of the Minister.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Functions of Authority

(1)

The functions of the Authority are-

(a)

to ensure the sustainable management of wildlife conservation areas;

(b)

to propose policies on wildlife management to the Minister;

(c)

to implement Government policies on wildlife management;

(d)

to identify and recommend areas for declaration as wildlife conservation areas and for the revocation of that declaration;

(e)

to develop, implement and monitor collaborative arrangements for the management of wildlife;

(f)

to establish and implement management plans for wildlife conservation areas and for wildlife populations outside wildlife conservation areas;

(g)

to develop and implement management and administrative policies for better implementation of national policies and laws relating to wildlife management in Uganda;

(h)

to control and monitor industrial, energy development, mining, oil and gas exploration, development and production, and related activities in wildlife conservation areas;

(i)

to monitor and control problem animals and support capacity development of local governments to control and manage vermin;

(j)

to control national and international trade in wildlife specimen in collaboration with the Ministry;

(k)

in consultation with other lead agencies, to control, develop or licence the development of tourist facilities in wildlife protected areas;

(l)

to provide technical advice on wildlife matters to community wildlife committees;

(m)

to promote the conservation of biological diversity ex situ and to contribute to the establishment of standards and regulations for that purpose;

(n)

to promote scientific research and knowledge of wildlife and wildlife conservation areas;

(o)

to disseminate information and promote public education and awareness of wildlife conservation and management;

(p)

to prepare an annual report on the state of wildlife and other reports as may be prescribed;

(q)

to encourage training in wildlife management;

(r)

to charge fees for services it provides and for the licences, rights and any other permission that it may grant;

(s)

to promote investment in sustainable wildlife utilisation for socioeconomic development; and

(t)

to perform any other function incidental or consequential to its functions under this Act.

(2)

The Authority shall, to the greatest extent possible and in line with this Act, consult and cooperate with lead agencies having duties, aims or functions related to those of the Authority.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Functions of Authority”.

“(1) The functions of the Authority are-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The functions of the Authority are-
(a) to ensure the sustainable management of wildlife conservation areas;
(b) to propose policies on wildlife management to the Minister;
(c) to implement Government policies on wildlife management;
(d) to identify and recommend areas for declaration as wildlife conservation areas and for the revocation of that declaration;
(e) to develop, implement and monitor collaborative arrangements for the management of wildlife;
(f) to establish and implement management plans for wildlife conservation areas and for wildlife populations outside wildlife conservation areas;
(g) to develop and implement management and administrative policies for better implementation of national policies and laws relating to wildlife management in Uganda;

14 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Delegation and coordination of functions and duties

(1)

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.

(2)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Delegation and coordination of functions and duties”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

The Board

(1)

The governing body of the Authority shall be the Board.

(2)

The Board shall be appointed by the Minister with the approval of Cabinet.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “The Board”.

“(1) The governing body of the Authority shall be the Board.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The governing body of the Authority shall be the Board.
(2) The Board shall be appointed by the Minister with the approval of Cabinet.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Functions of Board

(1)

The Board shall-

(a)

be the trustee for wildlife inside wildlife protected areas, wild animals outside wildlife protected areas and wildlife protected areas in Uganda;

(b)

examine and recommend proposals for developing a wildlife policy;

(c)

review and approve management and strategic plans of the Authority;

(d)

recommend to the Minister the wildlife conservation areas that are eligible for declaration and the revocation of any declaration;

(e)

develop guidelines and procedures for better implementation of Government policies and laws relating to wildlife management;

(f)

solicit and receive grants, gifts, donations, subscriptions and any other contributions to the Fund;

(g)

manage the funds and the business of the Authority in accordance with generally accepted principles of business management;

(h)

encourage education, training and public awareness on wildlife and public participation in wildlife management; and

(i)

review and approve annual plans, budgets, reports and audited financial statements of the Authority.

(2)

The Board shall be responsible to the Minister in the performance of its functions.

(3)

The Board may appoint a technical committee to advise the Board on matters relating to wildlife management.

(4)

The Board shall, in writing, specify the terms and conditions of service of the members of the committee appointed under subsection (3).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Functions of Board”.

“(1) The Board shall-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board shall-
(a) be the trustee for wildlife inside wildlife protected areas, wild animals outside wildlife protected areas and wildlife protected areas in Uganda;
(b) examine and recommend proposals for developing a wildlife policy;
(c) review and approve management and strategic plans of the Authority;
(d) recommend to the Minister the wildlife conservation areas that are eligible for declaration and the revocation of any declaration;
(e) develop guidelines and procedures for better implementation of Government policies and laws relating to wildlife management;
(f) solicit and receive grants, gifts, donations, subscriptions and any other contributions to the Fund;
(g) manage the funds and the business of the Authority in accordance with generally accepted principles of business management;

5 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Composition of Board

(1)

The Board shall consist of the following-

(a)

a member with professional experience in wildlife conservation science and in activities related to wildlife use rights management;

(b)

a member with professional experience in corporate governance;

(c)

a member with professional experience in matters related to management of protected areas;

(d)

a member with experience in activities related to wildlife tour operations;

(e)

a member with experience in activities related to tourism concessions in conservation areas;

(f)

a representative of the Ministry responsible for agriculture;

(g)

a representative of the Ministry responsible for wildlife;

(h)

a representative of the Ministry responsible for finance;

(i)

a representative of the local communities surrounding the conservation areas nominated by Uganda Local Government Association; and

(j)

the Executive Director who shall be Secretary to the Board and an ex officio and non-voting member of the Board.

(2)

The Minister shall appoint the Chairperson of the Board from among the members of the Board.

(3)

A person with a running concession with the Authority, shall not be appointed a member of the Board.

(4)

For purposes of this section, a "concession" means an agreement or licence with a profiteering motive.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Composition of Board”.

“(1) The Board shall consist of the following-”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Composition of Board”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board shall consist of the following-
(a) a member with professional experience in wildlife conservation science and in activities related to wildlife use rights management;
(b) a member with professional experience in corporate governance;
(c) a member with professional experience in matters related to management of protected areas;
(d) a member with experience in activities related to wildlife tour operations;
(e) a member with experience in activities related to tourism concessions in conservation areas;
(f) a representative of the Ministry responsible for agriculture;
(g) a representative of the Ministry responsible for wildlife;

6 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Remuneration of Board

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Remuneration of Board”.

“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”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

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

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Tenure

(1)

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.

(2)

A member of the Board is eligible for re-appointment for one further term only.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Tenure”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) A member of the Board is eligible for re-appointment for one further term only.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Termination of appointment

(1)

A member of the Board may, at any time, resign his or her office by giving thirty days' notice in writing to the Minister.

(2)

The Minister may remove a member of the Board other than the Executive Director for the following-

(a)

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;

(b)

incompetence;

(c)

misbehaviour or misconduct;

(d)

failure to disclose, at a Board meeting, a matter in which he or she has a conflict of interest;

(e)

inability to discharge the functions of his or her office by reason of infirmity of body or mind;

(f)

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;

(g)

bankruptcy; or

(h)

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.

(3)

Where there is cause to remove a member under subsection (2), the Minister shall notify the member concerned in writing and shall give the member an opportunity to submit his or her explanation to the Minister.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Termination of appointment”.

“(1) A member of the Board may, at any time, resign his or her office by giving thirty days' notice in writing to the Minister.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A member of the Board may, at any time, resign his or her office by giving thirty days' notice in writing to the Minister.
(2) The Minister may remove a member of the Board other than the Executive Director for the following-
(a) 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;
(b) incompetence;
(c) misbehaviour or misconduct;
(d) failure to disclose, at a Board meeting, a matter in which he or she has a conflict of interest;
(e) inability to discharge the functions of his or her office by reason of infirmity of body or mind;
(f) 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;

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Filling of vacancy on Board

(1)

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.

(2)

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.

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Filling of vacancy on Board”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.
(3) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 10 · Composition of Board

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Committees of Board

(1)

The Board may appoint committees of the Board-

(a)

to inquire into and advise the Board on any matter concerning the functions of the Board as it may refer to the committee; and

(b)

to exercise such powers or perform such functions of the Board as the Board may delegate or refer to the committee.

(2)

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.

(3)

The Board shall in writing, specify the terms and conditions of service of the members of a committee appointed under this section.

(4)

Members of a committee appointed under this section shall be paid such allowances as the Board may determine.

(5)

The Board may require a committee appointed under this section to act jointly or in cooperation with any other committee.

(6)

Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Committees of Board”.

“(1) The Board may appoint committees of the Board-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board may appoint committees of the Board-
(a) to inquire into and advise the Board on any matter concerning the functions of the Board as it may refer to the committee; and
(b) to exercise such powers or perform such functions of the Board as the Board may delegate or refer to the committee.
(2) 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.
(3) The Board shall in writing, specify the terms and conditions of service of the members of a committee appointed under this section.
(4) Members of a committee appointed under this section shall be paid such allowances as the Board may determine.
(5) The Board may require a committee appointed under this section to act jointly or in cooperation with any other committee.
(6) Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Meetings of Board

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

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Meetings of Board”.

“The Board shall, in conducting its meetings, follow the procedure prescribed in Schedule 2 to this Act”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

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

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Executive Director

(1)

There shall be an Executive Director appointed by the Minister on the recommendation of the Board.

(2)

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.

(3)

Without prejudice to the generality of subsection (2), the Executive Director shall be responsible for -

(a)

the development and implementation of strategic plans to guide the Authority in achieving its objectives;

(b)

the development and implementation of management plans for conservation areas or for species and classes of species of wildlife populations;

(c)

the implementation of economic, efficient and cost-effective internal management structures and processes; and

(d)

any other function the Board may assign.

(4)

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 in accordance with subsection (3)(c).

(5)

Subject to the direction of the Board, the Executive Director shall be responsible for the administration and control of the staff of the Authority.

(6)

The Executive Director, shall, at all times, keep the Board informed of the business and activities of the Authority, and shall prepare quarterly and annual reports for the Board.

(7)

The Executive Director shall serve for a period of four years and shall be eligible for re-appointment for one further term.

(8)

The Executive Director shall cease to hold office if-

(a)

he or she resigns;

(b)

he or she is removed from office by the Minister upon the recommendation of the Board for-

(i)

gross misconduct;

(ii)

inability to discharge the functions of his or her office; or

(iii)

failure to disclose conflict of interest in decision making; or

(c)

he or she dies.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Executive Director”.

“(1) There shall be an Executive Director appointed by the Minister on the recommendation of the Board.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) There shall be an Executive Director appointed by the Minister on the recommendation of the Board.
(2) 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.
(3) Without prejudice to the generality of subsection (2), the Executive Director shall be responsible for -
(a) the development and implementation of strategic plans to guide the Authority in achieving its objectives;
(b) the development and implementation of management plans for conservation areas or for species and classes of species of wildlife populations;
(c) the implementation of economic, efficient and cost-effective internal management structures and processes; and
(d) any other function the Board may assign.
(4) 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 in accordance with subsection (3)(c).

10 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Other staff of Authority

(1)

The Board shall appoint other staff of the Authority.

(2)

The Board shall, on the advice of the Executive Director, establish or review staff positions and determine terms and conditions of service of staff.

(3)

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-

(a)

powers of search and arrest;

(b)

training;

(c)

discipline; and

(d)

use of firearms.

(4)

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.

(5)

The staff positions to which subsection (2) applies shall, on being established, be published by notice in the Gazette.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Other staff of Authority”.

“(1) The Board shall appoint other staff of the Authority.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board shall appoint other staff of the Authority.
(2) The Board shall, on the advice of the Executive Director, establish or review staff positions and determine terms and conditions of service of staff.
(3) 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-
(a) powers of search and arrest;
(b) training;
(c) discipline; and
(d) use of firearms.
(4) 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.

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Honorary wildlife officer

(1)

The Board may, on the advice of the Executive Director, appoint an honorary wildlife officer to assist in the implementation of this Act.

(2)

The appointment under subsection (1) shall be on such terms and conditions as the Board may determine.

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Honorary wildlife officer”.

“(1) The Board may, on the advice of the Executive Director, appoint an honorary wildlife officer to assist in the implementation of this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board may, on the advice of the Executive Director, appoint an honorary wildlife officer to assist in the implementation of this Act.
(2) The appointment under subsection (1) shall be on such terms and conditions as the Board may determine.
(3) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Community wildlife committee

(1)

There is established a community wildlife committee for each wildlife conservation area with the following functions-

(a)

to act as a liaison between the Authority and the local community;

(b)

to supervise the utilisation of grants by a local government in respect of a wildlife conservation area;

(c)

to advise the Authority on the day-to-day management of a wildlife conservation area; and

(d)

to advise the local community on matters of wildlife conservation and development around conservation areas.

(2)

A community wildlife committee for a wildlife conservation area shall comprise of the following-

(a)

a representative of the Authority from that conservation area who shall be the secretary to the committee;

(b)

a representative of each of the district local governments surrounding the conservation area;

(c)

a wildlife conservation non-governmental organisation operating around the wildlife conservation area; and

(d)

a representative of a community wildlife association operating within the wildlife conservation area.

(3)

A community wildlife committee shall elect a chairperson from the local government representatives at its first sitting.

(4)

The members of a community wildlife committee shall be appointed by the Minister in consultation with the Board.

(5)

The Minister shall, by statutory instrument, in consultation with the Board, prescribe the terms and conditions of service of a community wildlife committee.

(6)

A community wildlife committee shall regulate its own proceedings and shall report to the Board.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Community wildlife committee”.

“(1) There is established a community wildlife committee for each wildlife conservation area with the following functions-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) There is established a community wildlife committee for each wildlife conservation area with the following functions-
(a) to act as a liaison between the Authority and the local community;
(b) to supervise the utilisation of grants by a local government in respect of a wildlife conservation area;
(c) to advise the Authority on the day-to-day management of a wildlife conservation area; and
(d) to advise the local community on matters of wildlife conservation and development around conservation areas.
(2) A community wildlife committee for a wildlife conservation area shall comprise of the following-
(a) a representative of the Authority from that conservation area who shall be the secretary to the committee;
(b) a representative of each of the district local governments surrounding the conservation area;

6 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part III

Management plans

(1)

The Board shall develop a conservation planning manual that takes cognizance of the national policies and development planning frameworks.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

The Executive Director shall take into account any proposals or suggestions received under subsections (3), (4) and (5) and prepare a draft management plan.

(7)

The Executive Director shall submit the draft management plan to the Board for its comments and approval.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Management plans”.

“(1) The Board shall develop a conservation planning manual that takes cognizance of the national policies and development planning frameworks.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board shall develop a conservation planning manual that takes cognizance of the national policies and development planning frameworks.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) The Executive Director shall take into account any proposals or suggestions received under subsections (3), (4) and (5) and prepare a draft management plan.
(7) The Executive Director shall submit the draft management plan to the Board for its comments and approval.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Commercial arrangement to manage conservation areas and species

(1)

The Executive Director may with the approval of the Board enter into any suitable commercial or collaborative arrangement with any person for-

(a)

the management of a conservation area or a portion of the conservation area;

(b)

the provision of services and infrastructure in a conservation area; or

(c)

the management of a species or a class of species of animals or plants.

(2)

A person entering into an arrangement with the Authority under subsection (1), shall submit a management plan in the prescribed form and manner.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Commercial arrangement to manage conservation areas and species”.

“(1) The Executive Director may with the approval of the Board enter into any suitable commercial or collaborative arrangement with any person for-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

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

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Environmental impact assessment

(1)

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.

(2)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Environmental impact assessment”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

National Environment Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Environmental audit and monitoring

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Environmental audit and monitoring”.

“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”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

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

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

National Environment Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part IV

Procedure for declaration of wildlife conservation area

(1)

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.

(2)

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.

(3)

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.

(4)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Procedure for declaration of wildlife conservation area”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.
(3) 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.
(4) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

National Environment Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Description of wildlife conservation area

(1)

A declaration under section 25(1) shall state-

(a)

whether the wildlife conservation area is to be a wildlife protected area or a wildlife management area; and

(b)

the name and detailed boundary description of the wildlife protected area or the wildlife management area under this section.

(2)

A wildlife protected area under subsection (1) shall be-

(a)

a national park;

(b)

a wildlife reserve; or

(c)

any other area the Minister may declare as a wildlife protected area.

(3)

A wildlife management area under subsection (1) shall be-

(a)

a wildlife sanctuary;

(b)

a community wildlife management area; or

(c)

any other area the Minister may declare as a wildlife management area.

(4)

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.

(5)

A national park declared under subsection (2)(a) shall be an area in which the following activities may be permitted-

(a)

biodiversity conservation;

(b)

recreation;

(c)

scenic viewing;

(d)

scientific research; and

(e)

any other compatible economic activity subject to this Act and after an environment impact assessment study has been conducted.

(6)

A wildlife reserve declared under subsection (2)(b) shall be an area in which the following activities are permitted-

(a)

conservation of biological diversity;

(b)

scenic viewing;

(c)

recreation;

(d)

scientific research;

(e)

regulated extractive utilisation of natural resources; and

(f)

any other compatible socio-economic activity subject to this Act and after an environment impact assessment study has been carried out.

(7)

A wildlife sanctuary declared under subsection (3)(a) shall be an area which has been identified as being essential for the protection of a species of wild animal or wild plant in which activities which are not going to be destructive to the protected species or its habitat may be permitted.

(8)

A community wildlife management area declared under subsection (3)(b) shall be an area in which individuals who have property rights in land may carry out activities for the sustainable management and utilisation of wildlife if the activities do not adversely affect wildlife and in which area the State may prescribe land use measures.

(9)

The Minister may, on the recommendation of the Board, and subject to section 25 , upgrade the status of any wildlife management area to a wildlife reserve, or a wildlife reserve to a national park.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Description of wildlife conservation area”.

“(1) A declaration under section 25(1) shall state-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A declaration under section 25(1) shall state-
(a) whether the wildlife conservation area is to be a wildlife protected area or a wildlife management area; and
(b) the name and detailed boundary description of the wildlife protected area or the wildlife management area under this section.
(2) A wildlife protected area under subsection (1) shall be-
(a) a national park;
(b) a wildlife reserve; or
(c) any other area the Minister may declare as a wildlife protected area.
(3) A wildlife management area under subsection (1) shall be-

20 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 25 · Procedure for declaration of wildlife conservation area

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Purpose of wildlife protected area

(1)

The purpose of declaring a wildlife protected area under section 26(2) shall be-

(a)

to preserve selected examples of the biotic communities of Uganda 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 generate economic benefits from wildlife conservation for the people of Uganda;

(f)

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

(g)

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.

(2)

The purpose of declaring a wildlife management area under section 26(3) shall be-

(a)

to manage and control the use of land by people and communities living in the area so that it is possible for wildlife, the people and communities to co-exist and for wildlife to be protected;

(b)

to enable wildlife to have full protection in wildlife sanctuaries notwithstanding the continued use of the land in the area by people and communities ordinarily residing there;

(c)

to facilitate the sustainable exploitation of wildlife resources by and for the benefit of the people and communities living in the area; and

(d)

to permit the sustainable exploitation of the natural resources of the area, by mining and other like methods in a manner which is compatible with the continued presence in the area of wildlife.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Purpose of wildlife protected area”.

“(1) The purpose of declaring a wildlife protected area under section 26(2) shall be-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The purpose of declaring a wildlife protected area under section 26(2) shall be-
(a) to preserve selected examples of the biotic communities of Uganda 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 generate economic benefits from wildlife conservation for the people of Uganda;
(f) 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
(g) 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.

5 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 26 · Description of wildlife conservation area

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Temporary management measures

(1)

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.

(2)

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).

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Temporary management measures”.

“(1) 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…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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).
(3) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 25 · Procedure for declaration of wildlife conservation area

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

General offences in wildlife conservation areas

Unless provided for by this Act, a person who in a wildlife conservation area (a) hunts, takes, kills, injures or disturbs any wild plant, wild animal or domestic animal;

(b)

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

(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 wildlife conservation area;

(e)

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

(f)

starts or maintains a fire without lawful authority, commits an offence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “General offences in wildlife conservation areas”.

“Unless provided for by this Act, a person who in a wildlife conservation area (a) hunts, takes, kills, injures or disturbs any wild plant, wild animal or domestic animal;”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(b) takes, destroys, damages or defaces any object of geomorphological, archaeological, historical, cultural or scientific interest, or any structure lawfully placed or constructed;
(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 wildlife conservation area;
(e) 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
(f) starts or maintains a fire without lawful authority, commits an offence.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Entering wildlife protected area without permission

(1)

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.

(2)

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.

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Entering wildlife protected area without permission”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.
(3) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Use of wildlife resources

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Use of wildlife resources”.

“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”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

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

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 35 · Classes of wildlife use rights

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Historic rights of communities around conservation areas

(1)

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.

(2)

The Authority may study, identify and protect historical or cultural interests of any community resident around a wildlife conservation area.

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Historic rights of communities around conservation areas”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) The Authority may study, identify and protect historical or cultural interests of any community resident around a wildlife conservation area.
(3) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Regulations governing wildlife conservation areas

(1)

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 .

(2)

Notwithstanding subsection (1), the regulations may provide for-

(a)

the use of weapons, traps, firearms, explosives or any other device;

(b)

the conditions under which a person, vehicle, boat or aircraft may enter, travel through, reside or be in a wildlife conservation area;

(c)

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;

(d)

the control of the disposal of litter or waste;

(e)

the keeping of a domestic animal in a wildlife conservation area;

(f)

the control of the introduction of an alien species of an animal or plant;

(g)

the control of the use of a wildlife resource; and

(h)

the prohibition or control of a commercial enterprise within a wildlife conservation area.

(3)

Regulations made under subsection (1) may, in respect of any contravention of any of the regulations-

(a)

prescribe a penalty of a fine not exceeding five thousand currency points or imprisonment for a term not exceeding ten years, or both;

(b)

in the case of a continuing contravention, prescribe an additional penalty not exceeding five hundred currency points in respect of each day on which the offence continues;

(c)

prescribe a higher penalty not exceeding five thousand five hundred currency points or imprisonment for a term not exceeding twelve years, or both in respect of a second or subsequent contravention; or

(d)

provide for the forfeiture of anything used in the commission of the offence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Regulations governing wildlife conservation areas”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) Notwithstanding subsection (1), the regulations may provide for-
(a) the use of weapons, traps, firearms, explosives or any other device;
(b) the conditions under which a person, vehicle, boat or aircraft may enter, travel through, reside or be in a wildlife conservation area;
(c) 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;
(d) the control of the disposal of litter or waste;
(e) the keeping of a domestic animal in a wildlife conservation area;
(f) the control of the introduction of an alien species of an animal or plant;

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 6 · Functions of Authority Section 25 · Procedure for declaration of wildlife conservation area

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part V

Declaration of protected species

(1)

The wildlife species listed in Schedule 3 to this Act are protected species in Uganda.

(2)

The wildlife species which are protected under any international convention or treaty to which Uganda is a party are protected species.

(3)

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-

(a)

extinct;

(b)

extinct in the wild;

(c)

critically endangered;

(d)

endangered;

(e)

vulnerable;

(f)

threatened;

(g)

nearly threatened;

(h)

data deficient; and

(i)

any other category.

(4)

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.

(5)

An instrument made under subsection (3) shall state whether a species of wild animal or plant shall be-

(a)

a fully protected species which may not be subject to wildlife use rights; or

(b)

a partially protected species to be utilised only subject to a grant of a wildlife use right.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Declaration of protected species”.

“(1) The wildlife species listed in Schedule 3 to this Act are protected species in Uganda.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The wildlife species listed in Schedule 3 to this Act are protected species in Uganda.
(2) The wildlife species which are protected under any international convention or treaty to which Uganda is a party are protected species.
(3) 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-
(a) extinct;
(b) extinct in the wild;
(c) critically endangered;
(d) endangered;
(e) vulnerable;

8 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part VI

Classes of wildlife use rights

(1)

The wildlife use rights are classified as follows-

(a)

Class A wildlife use right which confers a right to hunt wildlife;

(b)

Class B wildlife use right which permits farming of wildlife;

(c)

Class C wildlife use right which permits ranching of wildlife;

(d)

Class D wildlife use right which permits trading in wildlife and wildlife products;

(e)

Class E wildlife use right which permits using wildlife for educational or scientific purposes including medical experiments and developments;

(f)

Class F wildlife use right which permits community resource access;

(g)

Class G wildlife use right which permits use of wildlife as pets or ornaments; and

(h)

Class H wildlife use right which permits use of wildlife for tourism and recreation.

(2)

The Minister may, by statutory instrument, on the advice of the Board signified by its resolution, vary, revoke or create additional wildlife use rights.

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Classes of wildlife use rights”.

“(1) The wildlife use rights are classified as follows-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The wildlife use rights are classified as follows-
(a) Class A wildlife use right which confers a right to hunt wildlife;
(b) Class B wildlife use right which permits farming of wildlife;
(c) Class C wildlife use right which permits ranching of wildlife;
(d) Class D wildlife use right which permits trading in wildlife and wildlife products;
(e) Class E wildlife use right which permits using wildlife for educational or scientific purposes including medical experiments and developments;
(f) Class F wildlife use right which permits community resource access;
(g) Class G wildlife use right which permits use of wildlife as pets or ornaments; and

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Prohibition of utilisation of wildlife without wildlife use right

(1)

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.

(2)

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.

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Prohibition of utilisation of wildlife without wildlife use right”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.
(3) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 35 · Classes of wildlife use rights

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Application for grant of wildlife use right

(1)

A person, community or lead agency may apply to the Authority for one or more wildlife use rights to be granted to them.

(2)

An application for a wildlife use right under subsection (1) shall-

(a)

be made in the prescribed form;

(b)

be in the prescribed manner;

(c)

be accompanied by the prescribed fee; and

(d)

contain information as may be prescribed.

(3)

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.

(4)

An application for a wildlife use right under subsection (1) shall be accompanied by a certificate which shall state-

(a)

that the applicant has informed all adjacent owners and occupiers of land of his or her application;

(b)

the nature of the representations received from all those to whom information about the application was sent;

(c)

the changes, if any, made to the application as a result of the representations made; and

(d)

any other information as may be prescribed or as is relevant to the application.

(5)

Where the adjacent owner and occupier of land is a community or part of a community, it shall be sufficient, to meet the requirements of subsection (4), to send information about the application to the body which is recognised as representing that community or part of that community.

(6)

Where it is not possible to determine what body represents the community or part of the community referred to in subsection (5), an applicant shall send information about the application to the district council having jurisdiction in the area covered by the application.

(7)

The Authority may provide technical support to any person, Applying for a wildlife use right that the Authority finds beneficial to wildlife conservation.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Application for grant of wildlife use right” applies.

“(1) A person, community or lead agency may apply to the Authority for one or more wildlife use rights to be granted to them.”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A person, community or lead agency may apply to the Authority for one or more wildlife use rights to be granted to them.
(2) An application for a wildlife use right under subsection (1) shall-
(a) be made in the prescribed form;
(b) be in the prescribed manner;
(c) be accompanied by the prescribed fee; and
(d) contain information as may be prescribed.
(3) 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.
(4) An application for a wildlife use right under subsection (1) shall be accompanied by a certificate which shall state-

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Consideration of application for wildlife use right

(1)

On receiving the application under section 37 , the Authority-

(a)

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;

(b)

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;

(c)

may require the applicant to supply further information about his or her application; and

(d)

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.

(2)

The Authority shall not be under any obligation to-

(a)

send comments it receives under subsection (1)(d) to the applicant for the applicant to comment on;

(b)

consider and determine an application until the applicant has submitted an application in accordance with section 37 and has submitted further information as the Authority may require of him or her under subsection (1).

(3)

The Authority shall within sixty days of receipt of an application or, where further information is requested of the applicant, within sixty days of the receipt of that further information, consider and determine the application.

(4)

In determining whether to grant a wildlife use right with or without conditions, or reject an application, the Authority shall take into account-

(a)

the information contained in the application and any further information submitted by the applicant;

(b)

all the information and advice obtained under subsection (1)(a) and (d); and

(c)

any management plan for the area within which the application falls which is relevant to that particular application.

(5)

Unless otherwise provided for in this Act or by regulations made by the Minister, the Authority shall charge an initial and thereafter an annual fee in respect of every wildlife use right which it grants, and the fee charged may be based on a percentage of the income to be derived by the holder of the right from the exercise of the wildlife use right.

(6)

The grant of a wildlife use right shall be made subject to the condition that the exercise of the right shall be commenced within two years of the grant and any right which is not so exercised shall, unless the holder of the wildlife use right applies for and receives an extension of the time from the Authority, automatically lapse and cease to be of any effect.

(7)

The conditions subject to which a wildlife use right may be granted may deal with all or any of the following-

(a)

the persons within a community or organisation who may exercise the wildlife use right;

(b)

the use of the land over which the wildlife use right is to be exercised, including any fencing or buildings which are to be placed on the land;

(c)

the manner of the exercise of the wildlife use right;

(d)

the form, manner and organisation of the management of the wildlife use right;

(e)

the actions to be taken by the holder of a wildlife use right in respect of adjacent landowners and occupiers in connection with the exercise of the wildlife use right;

(f)

the length of time for which the wildlife use right may be granted;

(g)

the amounts or quotas of wildlife resources which may be utilised over specified periods;

(h)

the information which the holder of a wildlife use right may be required to supply on a regular basis to the Authority as to the exercise of the wildlife use right or rights granted;

(i)

the powers of the Authority or its officers to enter and inspect the land of the holder of a wildlife use right to ensure that the conditions of the grant and all other provisions of the Act are being complied with;

(j)

the giving of a performance bond by the holder of a wildlife use right to guarantee compliance with the conditions of the grant; or

(k)

other matters as may be provided for by regulations made by the Minister or as are considered necessary by the Authority.

(8)

The Authority may impose conditions for any of the above purposes on land owned or occupied by the applicant which is not the subject of the application if in the opinion of the Authority it is necessary to do so for the better management of the wildlife use right applied for.

(9)

A decision on an application shall be made in writing in a specified form, signed by a designated officer and shall be sent to the applicant at a place or address specified by the applicant, and no oral statement or other form of written communication which purports to be a decision in respect of an application shall have any validity.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Consideration of application for wildlife use right” applies.

“(1) On receiving the application under section 37, the Authority-”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) On receiving the application under section 37, the Authority-
(a) 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;
(b) 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;
(c) may require the applicant to supply further information about his or her application; and
(d) 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.
(2) The Authority shall not be under any obligation to-
(a) send comments it receives under subsection (1)(d) to the applicant for the applicant to comment on;
(b) consider and determine an application until the applicant has submitted an application in accordance with section 37 and has submitted further information as the Authority may require of him or her under subsection (1).

21 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 37 · Application for grant of wildlife use right

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Compliance with terms of wildlife use right

(1)

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-

(a)

request the holder of a wildlife use right to attend a meeting with officers of the Authority to discuss the matter of compliance and-

(i)

where there is an admission of non-compliance, to agree upon a programme and timetable to rectify the non-compliance; or

(ii)

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;

(b)

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;

(c)

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

(d)

revoke the wildlife use right.

(2)

The Authority shall inspect or cause to be inspected an activity being undertaken with respect to a wildlife use right to determine compliance with the terms or conditions of the exercise of that wildlife use right and may take into account the evidence obtained from that inspection in any decision as to whether to take any of the actions specified in this section.

(3)

The Authority in exercising its powers under subsection (2) shall give the holder of a wildlife use right or any person involved in the activity, or residing or working on the land or in the building where an inspection is taking place, an opportunity to be heard to make representations to the person making the inspection.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Compliance with terms of wildlife use right”.

“(1) 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-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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-
(a) request the holder of a wildlife use right to attend a meeting with officers of the Authority to discuss the matter of compliance and-
(i) where there is an admission of non-compliance, to agree upon a programme and timetable to rectify the non-compliance; or
(ii) 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;
(b) 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;
(c) 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
(d) revoke the wildlife use right.
(2) The Authority shall inspect or cause to be inspected an activity being undertaken with respect to a wildlife use right to determine compliance with the terms or conditions of the exercise of that wildlife use right and may take into account the evidence obtained from that inspection in any decision as to whether to take any of the actions specified in this section.

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Service of compliance notice

(1)

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.

(2)

A compliance notice shall specify-

(a)

the wildlife use right to which it refers;

(b)

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;

(c)

the person to whom it is addressed;

(d)

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;

(e)

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 bring to an end the continued non-compliance; and

(f)

the penalties which may be imposed and the forfeitures which may be claimed if the action specified in paragraph (d) is not undertaken and the right of the person served with a compliance notice to appeal against that notice.

(3)

A compliance notice shall continue to apply to the activity in respect of which it has been served until it has been complied with.

(4)

A person served with a compliance notice shall, subject to this Act, comply with all the terms and conditions of the notice.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Service of compliance notice”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) A compliance notice shall specify-
(a) the wildlife use right to which it refers;
(b) 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;
(c) the person to whom it is addressed;
(d) 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;
(e) 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 bring to an end the continued non-compliance; and
(f) the penalties which may be imposed and the forfeitures which may be claimed if the action specified in paragraph (d) is not undertaken and the right of the person served with a compliance notice to appeal against that notice.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 39 · Compliance with terms of wildlife use right

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Reconsideration of compliance notice

(1)

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.

(2)

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.

(3)

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.

(4)

The Authority may, after re-considering the compliance notice and the activity to which it refers, confirm, vary, suspend or withdraw that notice.

(5)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Reconsideration of compliance notice”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.
(3) 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.
(4) The Authority may, after re-considering the compliance notice and the activity to which it refers, confirm, vary, suspend or withdraw that notice.
(5) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Activity by Authority on compliance notice

(1)

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.

(2)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Jurisdictional rule

This section establishes the jurisdictional rule for “Activity by Authority on compliance notice”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 40 · Service of compliance notice

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Stop notice

(1)

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.

(2)

A stop notice shall refer to the compliance notice to which it relates and shall have a copy of that notice annexed to it.

(3)

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.

(4)

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.

(5)

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 notice is varied so that the activities referred to in the stop notice cease to be activities to which the compliance notice refers, or the period allowed for compliance with the notice has expired.

(6)

A stop notice may be withdrawn at any time by serving a notice to that effect on the person served with the stop notice.

(7)

A person who fails to comply with a stop notice or any part of the stop notice commits an offence and is liable, on conviction, to a fine not exceeding ten thousand currency points or to life imprisonment or both, and, in addition, is liable to forfeit any specimens and pay up to three times the value of the specimens that the court is satisfied were obtained as a result of the activities prohibited in the compliance notice and stop notice.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Stop notice”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) A stop notice shall refer to the compliance notice to which it relates and shall have a copy of that notice annexed to it.
(3) 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.
(4) 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.
(5) 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 notice is varied so that the activities referred to in the stop notice cease to be activities to which the compliance notice refers, or the period allowed for compliance with the notice has expired.
(6) A stop notice may be withdrawn at any time by serving a notice to that effect on the person served with the stop notice.
(7) A person who fails to comply with a stop notice or any part of the stop notice commits an offence and is liable, on conviction, to a fine not exceeding ten thousand currency points or to life imprisonment or both, and, in addition, is liable to forfeit any specimens and pay up to three times the value of the specimens that the court is satisfied were obtained as a result of the activities prohibited in the compliance notice and stop notice.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Variation of wildlife use right

(1)

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.

(2)

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.

(3)

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 decision on the matter.

(4)

A holder of a wildlife use right who has been served with a notice of variation shall comply with that notice, notwithstanding that he or she has requested the Authority to reconsider that notice.

(5)

A variation of a wildlife use right may include a temporary suspension of any of the activities for which the wildlife use right has been granted.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Variation of wildlife use right”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.
(3) 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 decision on the matter.
(4) A holder of a wildlife use right who has been served with a notice of variation shall comply with that notice, notwithstanding that he or she has requested the Authority to reconsider that notice.
(5) A variation of a wildlife use right may include a temporary suspension of any of the activities for which the wildlife use right has been granted.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 41 · Reconsideration of compliance notice

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Revocation of wildlife use right

(1)

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.

(2)

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.

(3)

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, subject to subsection (2), consider an individual request from a holder of a wildlife use right for a reconsideration, but shall, of its own motion, reconsider the revocation not less than once every six months and, may seek and take into account information and advice to assist it to reach a decision on the matter.

(4)

A holder of a wildlife use right who has been served with a notice of revocation shall immediately comply with that notice, notwithstanding that he or she has requested the Authority to reconsider that notice.

(5)

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-

(a)

to a remission of the yearly fee paid, equal in proportion to that part of the year in respect of which the grant has been revoked; and

(b)

to claim compensation from the Authority in respect of a loss directly attributable to the revocation as may be provided for by this Act or any regulations made by the Minister under this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Revocation of wildlife use right”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) 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.
(3) 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, subject to subsection (2), consider an individual request from a holder of a wildlife use right for a reconsideration, but shall, of its own motion, reconsider the revocation not less than once every six months and, may seek and take into account information and advice to assist it to reach a decision on the matter.
(4) A holder of a wildlife use right who has been served with a notice of revocation shall immediately comply with that notice, notwithstanding that he or she has requested the Authority to reconsider that notice.
(5) 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-
(a) to a remission of the yearly fee paid, equal in proportion to that part of the year in respect of which the grant has been revoked; and
(b) to claim compensation from the Authority in respect of a loss directly attributable to the revocation as may be provided for by this Act or any regulations made by the Minister under this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 41 · Reconsideration of compliance notice

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Surrender of wildlife use right

(1)

A holder of a wildlife use right may, in writing, at any time surrender his or her wildlife use right to the Authority.

(2)

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.

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Surrender of wildlife use right”.

“(1) A holder of a wildlife use right may, in writing, at any time surrender his or her wildlife use right to the Authority.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A holder of a wildlife use right may, in writing, at any time surrender his or her wildlife use right to the Authority.
(2) 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.
(3) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Transferability of wildlife use rights

(1)

Wildlife use rights shall be transferable as follows-

(a)

a class A and class E wildlife use right shall be transferable only with the permission of the Authority;

(b)

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

(c)

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.

(2)

A transfer of a class A and a class E wildlife use right shall be referred to as a "permitted transfer".

(3)

A transfer of a class B, C, D and F wildlife use right shall be referred to as a "market transfer ".

(4)

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.

(5)

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 certificate of the transferred wildlife use right and until these matters have been completed, a transferor shall remain liable in respect of that wildlife use right under section 39(2) .

(6)

A transferee of a wildlife use right shall be under a duty to ensure that his or her name and all relevant and prescribed details are entered on or attached to the certificate of the transferred wildlife use right and until these matters have been completed, a transferee shall have no legal authority to exercise the wildlife use right.

(7)

The Minister may, by statutory instrument, on the recommendation of the Authority, provide-

(a)

for a permitted transfer to be re-classified as a market transfer; or

(b)

for a market transfer, to be re-classified as a permitted transfer.

(8)

A statutory instrument made under subsection (7) shall not be published in the Gazette unless the approval of Parliament, signified by its resolution, has been obtained.

(9)

A wildlife use right shall not be transferable but a quota issued in accordance with this Act or regulations made under the Act, may with permission from the Authority, be transferred from one holder of wildlife use right to another.

(10)

A person who transfers or attempts to transfer or accepts or attempts to accept a quota without permission from the Authority commits an offence.

(11)

A person convicted of an offence under this section shall be liable to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding six months, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Transferability of wildlife use rights”.

“(1) Wildlife use rights shall be transferable as follows-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Wildlife use rights shall be transferable as follows-
(a) a class A and class E wildlife use right shall be transferable only with the permission of the Authority;
(b) 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
(c) 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.
(2) A transfer of a class A and a class E wildlife use right shall be referred to as a "permitted transfer".
(3) A transfer of a class B, C, D and F wildlife use right shall be referred to as a "market transfer ".
(4) 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.
(5) 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 certificate of the transferred wildlife use right and until these matters have been completed, a transferor shall remain liable in respect of that wildlife use right under section 39(2).

8 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 46 · Surrender of wildlife use right Section 39 · Compliance with terms of wildlife use right

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Permitted transfer

(1)

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.

(2)

An application for a grant of a permitted transfer shall be signed by the proposed transferee and the proposed transferor.

(3)

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.

(4)

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.

(5)

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.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Permitted transfer”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) An application for a grant of a permitted transfer shall be signed by the proposed transferee and the proposed transferor.
(3) 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.
(4) 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.
(5) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 37 · Application for grant of wildlife use right Section 47 · Transferability of wildlife use rights

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Market transfer

(1)

A market transfer of a wildlife use right shall be undertaken in the prescribed form and on payment of a fee prescribed by the Authority.

(2)

Prior to undertaking a market transfer, the proposed transferor and transferee shall inform the Authority of their intention to transfer a wildlife use right and may request the Authority to inform them whether it intends to object to the transfer and the variations, if any, to the existing wildlife use right the Authority is likely to make to the wildlife use right on its transfer.

(3)

The Authority shall, within thirty days of the receipt of the information and request referred to in subsection (1) or such longer period as may be agreed upon between the Authority and the parties, reply to the request giving the information sought by the parties.

(4)

Where the Authority informs the parties that it intends to object to the market transfer, the parties may, if they wish to continue to undertake a transfer, submit an application for a permitted transfer to the Authority, and the procedures in section 48 shall apply to that application.

(5)

Where the Authority informs the parties that it proposes to make one or more variations to the wildlife use right, which is proposed to be transferred, the parties may request the Authority to reconsider the proposal and any such reconsideration shall follow, as near as may be, the provisions of sections 41(2) , (3) and (5).

(6)

Where, after a reconsideration requested under subsection (5), the parties are not satisfied with the proposals of the Authority, the matter may be referred to arbitration, in accordance with the Arbitration and Conciliation Act.

(7)

A market transfer shall, within sixty days of the signing of the transfer documents by the transferor and the transferee, the purpose of which is to transfer a wildlife use right from the transferor to the transferee, be registered by the Authority in a register maintained specifically for the purpose by the Authority.

(8)

Until a market transfer is registered in accordance with subsection (7), it shall have no legal or other validity, and the rights and liabilities of the parties to the transfer in respect of the wildlife use right, the subject of the market transfer, shall remain unaltered by any document that the parties have signed and shall be governed by section 47(5) and (6).

(9)

Where the parties to a market transfer have signed transfer documents, the purpose of which is to transfer a wildlife use right from the transferor to the transferee and within fourteen days of the signing of the documents have submitted all necessary forms and fees to the Authority for the purpose of obtaining the registration of the transfer, the Authority shall take steps as are necessary and are required to enable the parties to register the transfer within the time required.

(10)

Where the parties to a market transfer have submitted all necessary forms and fees in accordance with the time frame set out in subsection (9) but, through the negligence or other fault of the Authority or any of its officers, the transfer is not registered within the required period and the parties or any of them suffer loss, the Authority shall be liable for the loss suffered as a result of the failure to register the transfer within the required period, and shall, accordingly, compensate the concerned parties.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Market transfer”.

“(1) A market transfer of a wildlife use right shall be undertaken in the prescribed form and on payment of a fee prescribed by the Authority.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A market transfer of a wildlife use right shall be undertaken in the prescribed form and on payment of a fee prescribed by the Authority.
(2) Prior to undertaking a market transfer, the proposed transferor and transferee shall inform the Authority of their intention to transfer a wildlife use right and may request the Authority to inform them whether it intends to object to the transfer and the variations, if any, to the existing wildlife use right the Authority is likely to make to the wildlife use right on its transfer.
(3) The Authority shall, within thirty days of the receipt of the information and request referred to in subsection (1) or such longer period as may be agreed upon between the Authority and the parties, reply to the request giving the information sought by the parties.
(4) Where the Authority informs the parties that it intends to object to the market transfer, the parties may, if they wish to continue to undertake a transfer, submit an application for a permitted transfer to the Authority, and the procedures in section 48 shall apply to that application.
(5) Where the Authority informs the parties that it proposes to make one or more variations to the wildlife use right, which is proposed to be transferred, the parties may request the Authority to reconsider the proposal and any such reconsideration shall follow, as near as may be, the provisions of sections 41(2), (3) and (5).
(6) Where, after a reconsideration requested under subsection (5), the parties are not satisfied with the proposals of the Authority, the matter may be referred to arbitration, in accordance with the Arbitration and Conciliation Act.
(7) A market transfer shall, within sixty days of the signing of the transfer documents by the transferor and the transferee, the purpose of which is to transfer a wildlife use right from the transferor to the transferee, be registered by the Authority in a register maintained specifically for the purpose by the Authority.
(8) Until a market transfer is registered in accordance with subsection (7), it shall have no legal or other validity, and the rights and liabilities of the parties to the transfer in respect of the wildlife use right, the subject of the market transfer, shall remain unaltered by any document that the parties have signed and shall be governed by section 47(5) and (6).

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 48 · Permitted transfer Section 41 · Reconsideration of compliance notice Section 47 · Transferability of wildlife use rights Arbitration and Conciliation Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Management of wildlife use right

(1)

Where applicable, a holder of a wildlife use right shall have a duty to manage the land and buildings in, on, under and over which a wildlife use right may be exercised in accordance with the terms and conditions of the grant subject to which the right has been granted so as to ensure that those terms and conditions are at all times complied with.

(2)

Where a holder of a wildlife use right employs a person to carry out any of the functions which are permitted to be carried out under the grant of the wildlife use right or are necessary and desirable to carry out so as to ensure that the terms and conditions of the grant of that wildlife use right are complied with, it shall be the responsibility of the holder of a wildlife use right to-

(a)

ensure that all persons are aware of the terms and conditions of the wildlife use right, the relevant provisions of this Act, any regulations made under this Act, and of their obligation to comply with them;

(b)

obtain all necessary permission from the relevant authority or person to enable all persons as are referred to in this subsection to carry out their functions in accordance with their obligations as referred to in paragraph (a); and

(c)

indemnify a person who suffers injury or whose property suffers injury or is damaged as a result of the malicious or negligent exercise or purported exercise of the wildlife use right by such persons.

(3)

The Minister may, by regulations, and in consultation with the Board, provide for the circumstances and the conditions under which a holder of a wildlife use right or a person employed by him or her may hire an officer of the Authority, or exercise the power of an officer of the Authority, to guard the wildlife, the subject of the wildlife use right, apprehend and temporarily detain a person suspected of attempting to steal, destroy, kill, hunt or otherwise interfere with that wildlife or any specimen.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Management of wildlife use right”.

“(1) Where applicable, a holder of a wildlife use right shall have a duty to manage the land and buildings in, on, under and over which a wildlife use right may be exercised in accordance with the terms and conditions of the grant subject to which the right has been granted so as to ensure that those terms and conditions are at all times complied with.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Where applicable, a holder of a wildlife use right shall have a duty to manage the land and buildings in, on, under and over which a wildlife use right may be exercised in accordance with the terms and conditions of the grant subject to which the right has been granted so as to ensure that those terms and conditions are at all times complied with.
(2) Where a holder of a wildlife use right employs a person to carry out any of the functions which are permitted to be carried out under the grant of the wildlife use right or are necessary and desirable to carry out so as to ensure that the terms and conditions of the grant of that wildlife use right are complied with, it shall be the responsibility of the holder of a wildlife use right to-
(a) ensure that all persons are aware of the terms and conditions of the wildlife use right, the relevant provisions of this Act, any regulations made under this Act, and of their obligation to comply with them;
(b) obtain all necessary permission from the relevant authority or person to enable all persons as are referred to in this subsection to carry out their functions in accordance with their obligations as referred to in paragraph (a); and
(c) indemnify a person who suffers injury or whose property suffers injury or is damaged as a result of the malicious or negligent exercise or purported exercise of the wildlife use right by such persons.
(3) The Minister may, by regulations, and in consultation with the Board, provide for the circumstances and the conditions under which a holder of a wildlife use right or a person employed by him or her may hire an officer of the Authority, or exercise the power of an officer of the Authority, to guard the wildlife, the subject of the wildlife use right, apprehend and temporarily detain a person suspected of attempting to steal, destroy, kill, hunt or otherwise interfere with that wildlife or any specimen.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part VII

Professional hunters and trappers

(1)

The Authority may, on terms and conditions it considers necessary, and on payment of a prescribed fee, issue to a person-

(a)

a professional hunters licence; or

(b)

a professional trappers licence.

(2)

The Minister may, on the advice of the Board, make regulations prescribing the requirements and conduct of professional hunters and professional trappers, and-

(a)

the form and manner of application;

(b)

the procedure to be followed in considering and granting the application;

(c)

the penalty for non-compliance; and

(d)

any other matter the Board considers necessary.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Professional hunters and trappers”.

“(1) The Authority may, on terms and conditions it considers necessary, and on payment of a prescribed fee, issue to a person-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Authority may, on terms and conditions it considers necessary, and on payment of a prescribed fee, issue to a person-
(a) a professional hunters licence; or
(b) a professional trappers licence.
(2) The Minister may, on the advice of the Board, make regulations prescribing the requirements and conduct of professional hunters and professional trappers, and-
(a) the form and manner of application;
(b) the procedure to be followed in considering and granting the application;
(c) the penalty for non-compliance; and
(d) any other matter the Board considers necessary.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Prohibitions under this Part

A person who without a licence issued in accordance with this Part (a) conducts business as a professional hunter or professional trapper;

(b)

advertises himself or herself as a professional hunter or professional trapper;

(c)

solicits a contract or commission under which or for which he or she is to act in the capacity of a professional hunter or a professional trapper;

(d)

for gain or reward, assists another person to hunt a protected animal except as a guide, tracker, porter or in some other like capacity, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding ten years.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Prohibitions under this Part”.

“A person who without a licence issued in accordance with this Part (a) conducts business as a professional hunter or professional trapper;”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(b) advertises himself or herself as a professional hunter or professional trapper;
(c) solicits a contract or commission under which or for which he or she is to act in the capacity of a professional hunter or a professional trapper;
(d) for gain or reward, assists another person to hunt a protected animal except as a guide, tracker, porter or in some other like capacity, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding ten years.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Suspension or cancellation of licence

(1)

The Board may, on the recommendation of the Executive Director, cancel a licence under this Part, if the licensee-

(a)

is convicted of an offence under this Act;

(b)

fails to comply with any condition of the licence; or

(c)

is not, in the opinion of the Executive Director, conducting the business for which the licence is used in a fit and proper manner.

(2)

The Executive Director shall immediately suspend the licence pending consideration of the cancellation under subsection (1).

(3)

The Executive Director shall notify the licensee in writing of a decision to suspend or cancel the licence and shall state the reason for the decision.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Suspension or cancellation of licence”.

“(1) The Board may, on the recommendation of the Executive Director, cancel a licence under this Part, if the licensee-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board may, on the recommendation of the Executive Director, cancel a licence under this Part, if the licensee-
(a) is convicted of an offence under this Act;
(b) fails to comply with any condition of the licence; or
(c) is not, in the opinion of the Executive Director, conducting the business for which the licence is used in a fit and proper manner.
(2) The Executive Director shall immediately suspend the licence pending consideration of the cancellation under subsection (1).
(3) The Executive Director shall notify the licensee in writing of a decision to suspend or cancel the licence and shall state the reason for the decision.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part VIII

Declaration of vermin

(1)

The Board may, on the advice of the Executive Director, by notice in the Gazette, declare an animal or class of animals to be vermin.

(2)

The declaration under subsection (1) may be effective for the whole of Uganda or for a part or parts of Uganda as may be specified in the notice.

(3)

The declaration of vermin shall be published in the Gazette and local newspapers having wide circulation in the areas affected.

(4)

A declaration made under this section may be revoked if the conditions that warrant the declaration cease to exist or the conservation status of the species warrants so.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Declaration of vermin”.

“(1) The Board may, on the advice of the Executive Director, by notice in the Gazette, declare an animal or class of animals to be vermin.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board may, on the advice of the Executive Director, by notice in the Gazette, declare an animal or class of animals to be vermin.
(2) The declaration under subsection (1) may be effective for the whole of Uganda or for a part or parts of Uganda as may be specified in the notice.
(3) The declaration of vermin shall be published in the Gazette and local newspapers having wide circulation in the areas affected.
(4) A declaration made under this section may be revoked if the conditions that warrant the declaration cease to exist or the conservation status of the species warrants so.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Hunting of vermin

(1)

The Authority or any other lead agency may engage the services of a professional hunter or professional trapper to hunt or trap the vermin or deploy duly qualified officers of the Authority for that purpose.

(2)

The Authority shall build capacity of local governments to manage vermin.

(3)

The Executive Director shall, at all times, advise the local government on the value of vermin and recommend the appropriate method for managing the vermin.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Hunting of vermin”.

“(1) The Authority or any other lead agency may engage the services of a professional hunter or professional trapper to hunt or trap the vermin or deploy duly qualified officers of the Authority for that purpose.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Authority or any other lead agency may engage the services of a professional hunter or professional trapper to hunt or trap the vermin or deploy duly qualified officers of the Authority for that purpose.
(2) The Authority shall build capacity of local governments to manage vermin.
(3) The Executive Director shall, at all times, advise the local government on the value of vermin and recommend the appropriate method for managing the vermin.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Attempted killing or killing wild animal

(1)

A person may kill or attempt to kill a wild animal in self-defence or in defence of another person, except that nothing in this section shall absolve from liability of an offence under this Act, a person who at the time of the attempted killing or killing was committing an offence under this Act.

(2)

It shall be the duty of any person who kills a wild animal under subsection (1) to prove that the act was done in self-defence or the defence of another person.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Attempted killing or killing wild animal”.

“(1) A person may kill or attempt to kill a wild animal in self-defence or in defence of another person, except that nothing in this section shall absolve from liability of an offence under this Act, a person who at the time of the attempted killing or killing was committing an offence under this Act.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A person may kill or attempt to kill a wild animal in self-defence or in defence of another person, except that nothing in this section shall absolve from liability of an offence under this Act, a person who at the time of the attempted killing or killing was committing an offence under this Act.
(2) It shall be the duty of any person who kills a wild animal under subsection (1) to prove that the act was done in self-defence or the defence of another person.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Ownership of carcass

(1)

Except as otherwise provided by this Act or by the conditions of any licence issued under this Part, the killing of a wild animal under section 56 shall not be considered a transfer of ownership of the carcass of the animal to another person.

(2)

A person who kills a wild animal under section 56 shall, as soon as practicable, report the fact to an officer and shall, unless entitled to retain the carcass under the conditions of any licence issued under Part VI, hand over the carcass or parts of the carcass as the officer may direct.

(3)

A person who contravenes this section commits an offence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Ownership of carcass”.

“(1) Except as otherwise provided by this Act or by the conditions of any licence issued under this Part, the killing of a wild animal under section 56 shall not be considered a transfer of ownership of the carcass of the animal to another person.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Except as otherwise provided by this Act or by the conditions of any licence issued under this Part, the killing of a wild animal under section 56 shall not be considered a transfer of ownership of the carcass of the animal to another person.
(2) A person who kills a wild animal under section 56 shall, as soon as practicable, report the fact to an officer and shall, unless entitled to retain the carcass under the conditions of any licence issued under Part VI, hand over the carcass or parts of the carcass as the officer may direct.
(3) A person who contravenes this section commits an offence.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 56 · Attempted killing or killing wild animal

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Report of damage by wild animal

(1)

Subject to this Act, a person having reason to believe that a wild animal is causing or may cause material damage to land, crop, domestic animal, building, property or human life may report the fact to an officer.

(2)

An officer who receives a report under subsection (1) shall, as soon as practicable, assess or cause to be assessed the extent of the threat posed by the animal or damage caused by the wild animal and shall make or cause to be made, a report to the Authority and take necessary action to minimise the extent of damage.

(3)

In deciding what action shall be taken to minimise damage to property caused by a wild animal, an officer shall carefully consider the status of the species and if he or she decides to kill or attempts to kill the animal, he or she shall do so as a last resort and if he or she has reasonable ground to believe that this course of action will not endanger survival of the species.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Report of damage by wild animal”.

“(1) Subject to this Act, a person having reason to believe that a wild animal is causing or may cause material damage to land, crop, domestic animal, building, property or human life may report the fact to an officer.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Subject to this Act, a person having reason to believe that a wild animal is causing or may cause material damage to land, crop, domestic animal, building, property or human life may report the fact to an officer.
(2) An officer who receives a report under subsection (1) shall, as soon as practicable, assess or cause to be assessed the extent of the threat posed by the animal or damage caused by the wild animal and shall make or cause to be made, a report to the Authority and take necessary action to minimise the extent of damage.
(3) In deciding what action shall be taken to minimise damage to property caused by a wild animal, an officer shall carefully consider the status of the species and if he or she decides to kill or attempts to kill the animal, he or she shall do so as a last resort and if he or she has reasonable ground to believe that this course of action will not endanger survival of the species.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Accidental killing of wild animal

(1)

Where a person kills a wild animal through accident or error, he or she shall, as soon as may be practicable, report the fact to an officer and shall where possible hand over the carcass or part of the carcass as the officer may direct.

(2)

Subsection (1) shall not apply to a person entitled under a wildlife use right or permit issued under this Act to hunt a protected or wild animal of that specie and sort, in the circumstances under which he or she killed the animal, and no offence under this Act shall have been committed in relation to the killing of the animal.

(3)

A person who contravenes this section commits an offence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Accidental killing of wild animal”.

“(1) Where a person kills a wild animal through accident or error, he or she shall, as soon as may be practicable, report the fact to an officer and shall where possible hand over the carcass or part of the carcass as the officer may direct.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Where a person kills a wild animal through accident or error, he or she shall, as soon as may be practicable, report the fact to an officer and shall where possible hand over the carcass or part of the carcass as the officer may direct.
(2) Subsection (1) shall not apply to a person entitled under a wildlife use right or permit issued under this Act to hunt a protected or wild animal of that specie and sort, in the circumstances under which he or she killed the animal, and no offence under this Act shall have been committed in relation to the killing of the animal.
(3) A person who contravenes this section commits an offence.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Wounded wild animal

(1)

A person who wounds a wild animal shall capture, kill the animal or report to an officer at the earliest opportunity.

(2)

A person who does not comply with the provisions of subsection (1) commits an offence.

(3)

Subsection (1) shall not be construed as permitting a person to follow a wounded animal-

(a)

into a conservation area unless the person holds a wildlife use right, a licence or a permit authorising him or her to hunt the animal in the area; or

(b)

onto private land on which the person has no permission to enter.

(4)

A person who believes that he or she has wounded a wild animal which in the wounded condition has entered a conservation area shall immediately report the fact to an officer who shall, as he or she sees fit, decide whether or not the animal shall be killed, and the officer shall issue instructions accordingly.

(5)

A person who believes that he or she has wounded a protected animal which in that wounded condition has entered private land upon which he or she has no permission to enter shall immediately report the fact to the owner of the land.

(6)

The owner of land who receives a report under subsection (5) shall decide whether or not the person making the report is to be permitted to enter his or her land for the purpose of hunting the animal, and the landowner's decision in this regard shall be final.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Wounded wild animal”.

“(1) A person who wounds a wild animal shall capture, kill the animal or report to an officer at the earliest opportunity.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A person who wounds a wild animal shall capture, kill the animal or report to an officer at the earliest opportunity.
(2) A person who does not comply with the provisions of subsection (1) commits an offence.
(3) Subsection (1) shall not be construed as permitting a person to follow a wounded animal-
(a) into a conservation area unless the person holds a wildlife use right, a licence or a permit authorising him or her to hunt the animal in the area; or
(b) onto private land on which the person has no permission to enter.
(4) A person who believes that he or she has wounded a wild animal which in the wounded condition has entered a conservation area shall immediately report the fact to an officer who shall, as he or she sees fit, decide whether or not the animal shall be killed, and the officer shall issue instructions accordingly.
(5) A person who believes that he or she has wounded a protected animal which in that wounded condition has entered private land upon which he or she has no permission to enter shall immediately report the fact to the owner of the land.
(6) The owner of land who receives a report under subsection (5) shall decide whether or not the person making the report is to be permitted to enter his or her land for the purpose of hunting the animal, and the landowner's decision in this regard shall be final.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Wounded dangerous animal

(1)

A person who, in any circumstances, wounds a dangerous animal and fails to kill or capture it within twenty hours after its wounding shall immediately report the fact to an officer.

(2)

An officer who receives a report under subsection (1) shall take immediate steps to locate the wounded dangerous animal, assess its condition and decide, whether or not to kill it and shall either carry out the act himself or herself or give instructions accordingly.

(3)

Where the wounded dangerous animal under subsection (1) enters a conservation area, section 60(4) or (5) shall apply.

(4)

Section 60(5) , in respect of private land, shall not apply to a person entering that land in pursuit of a wounded dangerous animal wounded by him or her, except that he or she shall report the fact to the owner of the land as soon as practicable.

(5)

Where an officer receives a report under subsection (1), he or she shall, as soon as practicable, take steps to minimise or prevent the threat, and those steps may include killing the animal.

(6)

If the wounded animal is a wild animal, the killing of the animal shall only be undertaken in accordance with the conditions specified in this Act.

(7)

A person who contravenes this section commits an offence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Wounded dangerous animal”.

“(1) A person who, in any circumstances, wounds a dangerous animal and fails to kill or capture it within twenty hours after its wounding shall immediately report the fact to an officer.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A person who, in any circumstances, wounds a dangerous animal and fails to kill or capture it within twenty hours after its wounding shall immediately report the fact to an officer.
(2) An officer who receives a report under subsection (1) shall take immediate steps to locate the wounded dangerous animal, assess its condition and decide, whether or not to kill it and shall either carry out the act himself or herself or give instructions accordingly.
(3) Where the wounded dangerous animal under subsection (1) enters a conservation area, section 60(4) or (5) shall apply.
(4) Section 60(5), in respect of private land, shall not apply to a person entering that land in pursuit of a wounded dangerous animal wounded by him or her, except that he or she shall report the fact to the owner of the land as soon as practicable.
(5) Where an officer receives a report under subsection (1), he or she shall, as soon as practicable, take steps to minimise or prevent the threat, and those steps may include killing the animal.
(6) If the wounded animal is a wild animal, the killing of the animal shall only be undertaken in accordance with the conditions specified in this Act.
(7) A person who contravenes this section commits an offence.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 60 · Wounded wild animal

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part IX

Import, export or re-export permit

(1)

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.

(2)

A person who imports, exports or re-exports or attempts to import, export or re-export any species or specimen-

(a)

without a permit; or

(b)

without passing through a designated customs post or port; commits an offence.

(3)

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 analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Import, export or re-export permit”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) A person who imports, exports or re-exports or attempts to import, export or re-export any species or specimen-
(a) without a permit; or
(b) without passing through a designated customs post or port; commits an offence.
(3) 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.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 63 · Additional restriction on import, export, transit or re-export of specimen

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Additional restriction on import, export, transit or re-export of specimen

(1)

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.

(2)

A person who contravenes the regulations made under subsection (1) commits an offence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Additional restriction on import, export, transit or re-export of specimen”.

“(1) 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.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) 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.
(2) A person who contravenes the regulations made under subsection (1) commits an offence.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part X

Wildlife Fund

(1)

The Wildlife Fund in existence immediately before the coming into force of this Act shall continue in existence subject to this Act.

(2)

The sources of funds for the Fund shall be-

(a)

sums appropriated by Parliament for the purposes of the Fund;

(b)

money borrowed by the Board under section 66(3) ;

(c)

sums received for the purposes of the Fund by way of voluntary contributions;

(d)

payments made into the Fund under section 65 ;

(e)

sums or other assets donated for the purposes of the Fund by any foreign government, international agency, foreign institution or body with the approval of the Minister responsible for finance;

(f)

payments from fees and charges receivable under this Act; and

(g)

any other sums received by the Authority in the performance of its functions under this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Wildlife Fund”.

“(1) The Wildlife Fund in existence immediately before the coming into force of this Act shall continue in existence subject to this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Wildlife Fund in existence immediately before the coming into force of this Act shall continue in existence subject to this Act.
(2) The sources of funds for the Fund shall be-
(a) sums appropriated by Parliament for the purposes of the Fund;
(b) money borrowed by the Board under section 66(3);
(c) sums received for the purposes of the Fund by way of voluntary contributions;
(d) payments made into the Fund under section 65;
(e) sums or other assets donated for the purposes of the Fund by any foreign government, international agency, foreign institution or body with the approval of the Minister responsible for finance;
(f) payments from fees and charges receivable under this Act; and

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 66 · Duty to operate on sound financial principles, investment and borrowing powers Section 65 · Administration of Fund

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Administration of Fund

(1)

The Board shall be responsible for the administration of the Fund.

(2)

The Executive Director shall ensure that all money collected by the Authority are deposited into the Fund.

(3)

The Board may authorise the Executive Director to make withdrawals from the Fund to fulfill the functions of the Authority in accordance with the approved annual work plan and budget.

(4)

The Board shall authorise the Executive Director to pay twenty percent of the park entry fees collected from a wildlife protected area to the local government of the area surrounding the wildlife protected area from which the fees were collected as a conditional grant.

(5)

The Minister may, by statutory instrument, on the advice of the Board and in consultation with the local government and other relevant stakeholders, make regulations for the management of the revenue sharing in subsection (4).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Administration of Fund”.

“(1) The Board shall be responsible for the administration of the Fund.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board shall be responsible for the administration of the Fund.
(2) The Executive Director shall ensure that all money collected by the Authority are deposited into the Fund.
(3) The Board may authorise the Executive Director to make withdrawals from the Fund to fulfill the functions of the Authority in accordance with the approved annual work plan and budget.
(4) The Board shall authorise the Executive Director to pay twenty percent of the park entry fees collected from a wildlife protected area to the local government of the area surrounding the wildlife protected area from which the fees were collected as a conditional grant.
(5) The Minister may, by statutory instrument, on the advice of the Board and in consultation with the local government and other relevant stakeholders, make regulations for the management of the revenue sharing in subsection (4).

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Duty to operate on sound financial principles, investment and borrowing powers

(1)

The Board shall discharge its duties in relation to the Fund in accordance with sound financial and commercial principles and shall ensure that revenue is sufficient to meet expenditure.

(2)

The Board may with approval of the Minister invest money from the Fund in conformity with good commercial principles.

(3)

The Board may, with the prior approval of the Minister and the Minister responsible for finance, borrow money for purposes of the Fund.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Duty to operate on sound financial principles, investment and borrowing powers”.

“(1) The Board shall discharge its duties in relation to the Fund in accordance with sound financial and commercial principles and shall ensure that revenue is sufficient to meet expenditure.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board shall discharge its duties in relation to the Fund in accordance with sound financial and commercial principles and shall ensure that revenue is sufficient to meet expenditure.
(2) The Board may with approval of the Minister invest money from the Fund in conformity with good commercial principles.
(3) The Board may, with the prior approval of the Minister and the Minister responsible for finance, borrow money for purposes of the Fund.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Budget of Authority

(1)

The Executive Director shall prepare and submit to the Board for approval estimates of the income and expenditure of the Authority for the next financial year, three months before the beginning of the financial year.

(2)

The Executive Director shall prepare estimates supplementary to the current estimates under subsection (1) and submit them to the Board for approval.

(3)

Expenditure shall not be made out of funds of the Authority unless that expenditure is part of the approved annual estimates or estimates supplementary to those estimates.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Budget of Authority”.

“(1) The Executive Director shall prepare and submit to the Board for approval estimates of the income and expenditure of the Authority for the next financial year, three months before the beginning of the financial year.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Executive Director shall prepare and submit to the Board for approval estimates of the income and expenditure of the Authority for the next financial year, three months before the beginning of the financial year.
(2) The Executive Director shall prepare estimates supplementary to the current estimates under subsection (1) and submit them to the Board for approval.
(3) Expenditure shall not be made out of funds of the Authority unless that expenditure is part of the approved annual estimates or estimates supplementary to those estimates.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Accounts of Fund

(1)

The Board shall keep proper books and other records of accounts in respect of receipts and expenditures of the Fund.

(2)

The accounts of the Fund shall be audited by the Auditor General.

(3)

The Board shall cause to be prepared, not later than ninety days after the end of the financial year, an annual report on all the financial transactions of the Fund.

(4)

The report made under subsection (3) shall include a balance sheet, an income and expenditure account and the annual report of the Auditor General and shall be laid by the Minister before Parliament.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Accounts of Fund”.

“(1) The Board shall keep proper books and other records of accounts in respect of receipts and expenditures of the Fund.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Board shall keep proper books and other records of accounts in respect of receipts and expenditures of the Fund.
(2) The accounts of the Fund shall be audited by the Auditor General.
(3) The Board shall cause to be prepared, not later than ninety days after the end of the financial year, an annual report on all the financial transactions of the Fund.
(4) The report made under subsection (3) shall include a balance sheet, an income and expenditure account and the annual report of the Auditor General and shall be laid by the Minister before Parliament.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Financial year

The financial year of the Fund shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Financial year”.

“The financial year of the Fund shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

The financial year of the Fund shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part XI

General penalty

Subject to this Act, a person convicted of an offence under this Act for which no penalty is provided is liable (a) in the case of a first offence, to a fine not exceeding three hundred fifty currency points or to imprisonment for a term not exceeding ten years, or both; and

(b)

in the case of a second or subsequent offence, to a fine not exceeding five hundred currency points or to imprisonment for a term not exceeding twenty years, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “General penalty”.

“Subject to this Act, a person convicted of an offence under this Act for which no penalty is provided is liable (a) in the case of a first offence, to a fine not exceeding three hundred fifty currency points or to imprisonment for a term not exceeding ten years, or both; and”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(b) in the case of a second or subsequent offence, to a fine not exceeding five hundred currency points or to imprisonment for a term not exceeding twenty years, or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Offences relating to protected species

(1)

A person who without a permit issued in accordance with this Act-

(a)

takes, hunts, molests or reduces into possession protected specimen; or

(b)

is found in possession of, sells, buys, transfers or accepts transfer of protected specimen, commits an offence, and is liable, on conviction, to a fine not exceeding ten thousand currency points or to life imprisonment, or both.

(2)

Where an offence prescribed in subsection (1) relates to a species classified as-

(a)

extinct in the wild;

(b)

critically endangered; or

(c)

endangered; a person shall, be liable, on conviction, to a fine not exceeding one million currency points or to life imprisonment, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Offences relating to protected species”.

“(1) A person who without a permit issued in accordance with this Act-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A person who without a permit issued in accordance with this Act-
(a) takes, hunts, molests or reduces into possession protected specimen; or
(b) is found in possession of, sells, buys, transfers or accepts transfer of protected specimen, commits an offence, and is liable, on conviction, to a fine not exceeding ten thousand currency points or to life imprisonment, or both.
(2) Where an offence prescribed in subsection (1) relates to a species classified as-
(a) extinct in the wild;
(b) critically endangered; or
(c) endangered; a person shall, be liable, on conviction, to a fine not exceeding one million currency points or to life imprisonment, or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Destruction and obliteration of devices

Where a person is convicted of an offence under this Act in respect of any excavation, fence, enclosure or any other device fixed in or on the ground or upon vegetation, which the person has made, used or had in his or her possession for the purpose of hunting in contravention of this Act, the court shall, in addition to any other penalty imposed, order the device to be destroyed or obliterated in such manner as the court may specify, and any expenditure incurred shall be recoverable from the person as a civil debt

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Destruction and obliteration of devices”.

“Where a person is convicted of an offence under this Act in respect of any excavation, fence, enclosure or any other device fixed in or on the ground or upon vegetation, which the person has made, used or had in his or her possession for the purpose of hunting in contravention of this Act, the court shall, in addition to any other penalty imposed, order the device to be destroyed or obliterated in such manner as the court may specify, and any expenditure incurred shall be recoverable from the person as a civil debt”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

Where a person is convicted of an offence under this Act in respect of any excavation, fence, enclosure or any other device fixed in or on the ground or upon vegetation, which the person has made, used or had in his or her possession for the purpose of hunting in contravention of this Act, the court shall, in addition to any other penalty imposed, order the device to be destroyed or obliterated in such manner as the court may specify, and any expenditure incurred shall be recoverable from the person as a civil debt

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Forfeiture as an additional penalty

(1)

On the conviction of a person of an offence under this Act where the court considers forfeiture to be necessary, the court shall, notwithstanding any other written law and in addition to any other penalty imposed-

(a)

declare the domestic animal, firearm or other weapon, trap, net, poison, material or any motor vehicle, aircraft, boat, or any other article taken by or used in connection with the commission of the offence to be forfeited to the Authority;

(b)

cause to be forfeited to the Authority protected specimen referred to in section 71 .

(2)

The disposal of a specimen, domestic animal or article forfeited to the Government under this section shall be subject to sections 76 , 77 , 78 and 79 .

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Forfeiture as an additional penalty”.

“(1) On the conviction of a person of an offence under this Act where the court considers forfeiture to be necessary, the court shall, notwithstanding any other written law and in addition to any other penalty imposed-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) On the conviction of a person of an offence under this Act where the court considers forfeiture to be necessary, the court shall, notwithstanding any other written law and in addition to any other penalty imposed-
(a) declare the domestic animal, firearm or other weapon, trap, net, poison, material or any motor vehicle, aircraft, boat, or any other article taken by or used in connection with the commission of the offence to be forfeited to the Authority;
(b) cause to be forfeited to the Authority protected specimen referred to in section 71.
(2) The disposal of a specimen, domestic animal or article forfeited to the Government under this section shall be subject to sections 76, 77, 78 and 79.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

Section 71 · Offences relating to protected species Section 76 · Forfeiture of profits from illegal trade Section 77 · Revocation of licence, permit or certificate Section 78 · Disposal of specimen by Executive Director Section 79 · Money from sale of specimen or article

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Conditional order of forfeiture

(1)

When a court is required under section 75(1) and (2) to make a declaration of forfeiture in respect of any article the ownership of which requires registration under any written law, the court shall make a conditional order of forfeiture in the prescribed form.

(2)

Upon the making of a conditional order of forfeiture under subsection (1), the Executive Director shall, within thirty days after the making of the order, cause to be published a notice of the order in the Gazette and in two consecutive issues of a newspaper of wide circulation.

(3)

If the ownership of the article is registered in the names of a person other than the convicted person, the Executive Director shall, within seven days after publication of the notice in the Gazette, cause a copy of the notice to be sent to the person in whose names the article is registered.

(4)

A person who wishes to claim a right of ownership in the article may, within sixty days of the last publication of the conditional order, lodge with the court a written application for discharge of the order, setting out his or her claim of ownership in the article.

(5)

Upon an application made under subsection (4), the court shall set a date for a hearing of the application and serve a notice of the hearing on the applicant and on the Authority.

(6)

In any hearing of any application made under subsection (4), the burden of proof shall be upon the applicant to prove that he or she was not privy to the offence and that the article was, at the time that the offence was committed, being used for that purpose without his or her knowledge or consent.

(7)

Where a court rejects an application for discharge, the court shall declare the article absolutely forfeited to the Authority.

(8)

Where upon an application made under subsection (4), a court is satisfied that an article is owned jointly by, or is the subject of a rental agreement between the applicant and the convicted person, and the applicant has discharged the burden of proof in accordance with subsection (6), the court shall declare as forfeited all of the estate, interest or rights of the convicted person in the article and shall order them to be disposed of as it deems fit.

(9)

A right of a claimant under a rental agreement to repossess an article which is subject to a conditional order of forfeiture made under subsection (1) shall be suspended pending determination of an application made under subsection (4).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Conditional order of forfeiture”.

“(1) When a court is required under section 75(1) and (2) to make a declaration of forfeiture in respect of any article the ownership of which requires registration under any written law, the court shall make a conditional order of forfeiture in the prescribed form.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) When a court is required under section 75(1) and (2) to make a declaration of forfeiture in respect of any article the ownership of which requires registration under any written law, the court shall make a conditional order of forfeiture in the prescribed form.
(2) Upon the making of a conditional order of forfeiture under subsection (1), the Executive Director shall, within thirty days after the making of the order, cause to be published a notice of the order in the Gazette and in two consecutive issues of a newspaper of wide circulation.
(3) If the ownership of the article is registered in the names of a person other than the convicted person, the Executive Director shall, within seven days after publication of the notice in the Gazette, cause a copy of the notice to be sent to the person in whose names the article is registered.
(4) A person who wishes to claim a right of ownership in the article may, within sixty days of the last publication of the conditional order, lodge with the court a written application for discharge of the order, setting out his or her claim of ownership in the article.
(5) Upon an application made under subsection (4), the court shall set a date for a hearing of the application and serve a notice of the hearing on the applicant and on the Authority.
(6) In any hearing of any application made under subsection (4), the burden of proof shall be upon the applicant to prove that he or she was not privy to the offence and that the article was, at the time that the offence was committed, being used for that purpose without his or her knowledge or consent.
(7) Where a court rejects an application for discharge, the court shall declare the article absolutely forfeited to the Authority.
(8) Where upon an application made under subsection (4), a court is satisfied that an article is owned jointly by, or is the subject of a rental agreement between the applicant and the convicted person, and the applicant has discharged the burden of proof in accordance with subsection (6), the court shall declare as forfeited all of the estate, interest or rights of the convicted person in the article and shall order them to be disposed of as it deems fit.

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 75 · Seized good may be subject to forfeiture order

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Seized good may be subject to forfeiture order

(1)

If an article the ownership of which requires registration under any written law is seized as a result of an offence under this Act and the person responsible is unknown and cannot be found for the purpose of charging him or her with the offence or, having been charged, fails to appear to answer the charge, the Executive Director may apply to the court for a declaration of forfeiture.

(2)

Upon an application under subsection (1), the court shall make a conditional order of forfeiture in the prescribed form, and the provisions of section 76(2) , (3), (4), (5), (6), (7) and (8) shall apply.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Seized good may be subject to forfeiture order”.

“(1) If an article the ownership of which requires registration under any written law is seized as a result of an offence under this Act and the person responsible is unknown and cannot be found for the purpose of charging him or her with the offence or, having been charged, fails to appear to answer the charge, the Executive Director may apply to the court for a declaration of forfeiture.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) If an article the ownership of which requires registration under any written law is seized as a result of an offence under this Act and the person responsible is unknown and cannot be found for the purpose of charging him or her with the offence or, having been charged, fails to appear to answer the charge, the Executive Director may apply to the court for a declaration of forfeiture.
(2) Upon an application under subsection (1), the court shall make a conditional order of forfeiture in the prescribed form, and the provisions of section 76(2), (3), (4), (5), (6), (7) and (8) shall apply.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 76 · Forfeiture of profits from illegal trade

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Forfeiture of profits from illegal trade

(1)

Where a person has been convicted of an offence involving illegal trading in wildlife or wildlife specimen, including the killing of a wild animal, removal of a protected plant from its natural habitat or removal of an egg from its nest or other natural habitat as a part of a process of illegal trading, the court may, in addition to a penalty imposed and any order for forfeiture made under this Act, if it is satisfied by evidence given in court that the convicted person is, and has been for some time, notwithstanding that he or she has not been convicted, a person who habitually or on a continuing basis engages in the illegal trading of wildlife or wildlife specimen-

(a)

order the convicted person to disclose his or her assets to the court;

(b)

cause a valuation of those assets to be made by a valuer appointed by the court;

(c)

determine and declare what proportion of those assets are to be taken as obtained through illegal trading of wildlife and wildlife specimens;

(d)

order that the proportion determined and declared under paragraph (c)-

(i)

if it is money, be forfeited to the Authority; or

(ii)

if it is any other form of asset, be sold and the proceeds of the sale be forfeited to the Authority.

(2)

Where a person ordered by the court under subsection (1)(a) to disclose his or her assets-

(a)

fails to do so within the time required or at all;

(b)

makes a false declaration of disclosure;

(c)

obstructs or causes a person to obstruct-

(i)

the making of a valuation of the assets declared or otherwise;

(ii)

the gathering of the assets for their disposal through sale or otherwise;

(iii)

the sale or other disposal of the assets; or

(iv)

the handing over of the proceeds of the sale of the assets or forfeited money to the Authority, he or she commits an offence.

(3)

A person convicted of an offence under subsection (2) shall be liable to a punishment of a term of imprisonment of-

(a)

not less than the term of imprisonment to which he or she has been sentenced for the offence of or in connection with illegal trading in wildlife or wildlife specimens; or

(b)

not less than three years, whichever is the longer period.

(4)

A sentence of imprisonment imposed by the court under subsection (3) shall not discharge the obligation imposed by this section on a convicted person to disclose his or her assets.

(5)

An asset transferred by a person to which this section applies, after or at the time of the arrest of that person, to, or which is held on behalf of that person by, a member of the family of or a business associate of that person, shall be presumed to be an asset of that person and this section shall apply to that asset as if it remained under the control of that person.

(6)

A person or organisation in possession of or having any form of control or authority over any asset to which this section applies shall cooperate with and assist the court, person or authority acting under the directions of the court to implement this section.

(7)

A person to whom subsection (6) applies, including a person in authority in an organisation to which subsection (6) applies, who does not comply with or obstructs the application of subsection (6) commits an offence.

(8)

The provisions of any law applicable to banks and other financial organisations relating to the confidentiality of clients' accounts and other business shall not apply to any assets to which this section applies.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Forfeiture of profits from illegal trade”.

“(1) Where a person has been convicted of an offence involving illegal trading in wildlife or wildlife specimen, including the killing of a wild animal, removal of a protected plant from its natural habitat or removal of an egg from its nest or other natural habitat as a part of a process of illegal trading, the court may, in addition to a penalty imposed and any order for forfeiture made under this Act, if it is satisfied by evidence given in court that the convicted person is, and has been for some time,…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Where a person has been convicted of an offence involving illegal trading in wildlife or wildlife specimen, including the killing of a wild animal, removal of a protected plant from its natural habitat or removal of an egg from its nest or other natural habitat as a part of a process of illegal trading, the court may, in addition to a penalty imposed and any order for forfeiture made under this Act, if it is satisfied by evidence given in court that the convicted person is, and has been for some time, notwithstanding that he or she has not been convicted, a person who habitually or on a continuing basis engages in the illegal trading of wildlife or wildlife specimen-
(a) order the convicted person to disclose his or her assets to the court;
(b) cause a valuation of those assets to be made by a valuer appointed by the court;
(c) determine and declare what proportion of those assets are to be taken as obtained through illegal trading of wildlife and wildlife specimens;
(d) order that the proportion determined and declared under paragraph (c)-
(i) if it is money, be forfeited to the Authority; or
(ii) if it is any other form of asset, be sold and the proceeds of the sale be forfeited to the Authority.
(2) Where a person ordered by the court under subsection (1)(a) to disclose his or her assets-

15 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Revocation of licence, permit or certificate

If a holder of a wildlife use right, licensee or the holder of a permit or certificate issued under this Act is convicted of an offence under this Act which involves the licence or the wildlife use right, the permit or the certificate, the licence, permit, certificate or wildlife use right shall be automatically revoked

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Revocation of licence, permit or certificate”.

“If a holder of a wildlife use right, licensee or the holder of a permit or certificate issued under this Act is convicted of an offence under this Act which involves the licence or the wildlife use right, the permit or the certificate, the licence, permit, certificate or wildlife use right shall be automatically revoked”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

If a holder of a wildlife use right, licensee or the holder of a permit or certificate issued under this Act is convicted of an offence under this Act which involves the licence or the wildlife use right, the permit or the certificate, the licence, permit, certificate or wildlife use right shall be automatically revoked

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Disposal of specimen by Executive Director

(1)

Where the Executive Director takes possession of a confiscated specimen, domestic animal or article, he or she shall cause receipt of the confiscated specimen, domestic animal or article to be recorded in the prescribed register and shall safeguard it until it is disposed of under this section.

(2)

Where the Executive Director takes possession of a dead specimen of a protected species, he or she may with approval of the Board and in consultation with CITES Management Authority-

(a)

destroy the specimen;

(b)

donate the specimen, with or without requiring payment, to a recognised scientific or educational institution;

(c)

sell it in whole or in part; or

(d)

retain the specimen in his or her official custody either permanently or pending disposal in accordance with paragraph (a), (b) or (c).

(3)

Where the Executive Director takes possession of a live specimen of a wild species and the specimen is, in his or her opinion, capable of normal survival in its natural habitat, he or she shall cause the specimen to be returned to that habitat, except that if the specimen, in the opinion of the Executive Director, requires to be withheld temporarily from the wild for the purpose of better ensuring its eventual survival, the Executive Director may direct that the specimen be withheld.

(4)

Where the Executive Director takes possession of any live specimen of a protected species and the specimen is, in his or her opinion, incapable of normal survival in its natural habitat, he or she may -

(a)

donate the specimen, with or without requiring payment, to a recognised educational, zoological, botanical or scientific institution;

(b)

retain the specimen in his or her official custody either permanently or pending disposal in accordance with paragraph (a); or

(c)

order the destruction of the specimen.

(5)

Where the Executive Director takes possession of-

(a)

a live protected animal which is, in his or her opinion, incapable of normal survival in its natural habitat;

(b)

the specimen of a protected plant or animal; or

(c)

a live domestic animal, he or she shall dispose of the specimen as he or she considers fit, except that if disposal is by sale, sums received shall be payable in accordance with Part X.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Disposal of specimen by Executive Director”.

“(1) Where the Executive Director takes possession of a confiscated specimen, domestic animal or article, he or she shall cause receipt of the confiscated specimen, domestic animal or article to be recorded in the prescribed register and shall safeguard it until it is disposed of under this section.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Where the Executive Director takes possession of a confiscated specimen, domestic animal or article, he or she shall cause receipt of the confiscated specimen, domestic animal or article to be recorded in the prescribed register and shall safeguard it until it is disposed of under this section.
(2) Where the Executive Director takes possession of a dead specimen of a protected species, he or she may with approval of the Board and in consultation with CITES Management Authority-
(a) destroy the specimen;
(b) donate the specimen, with or without requiring payment, to a recognised scientific or educational institution;
(c) sell it in whole or in part; or
(d) retain the specimen in his or her official custody either permanently or pending disposal in accordance with paragraph (a), (b) or (c).
(3) Where the Executive Director takes possession of a live specimen of a wild species and the specimen is, in his or her opinion, capable of normal survival in its natural habitat, he or she shall cause the specimen to be returned to that habitat, except that if the specimen, in the opinion of the Executive Director, requires to be withheld temporarily from the wild for the purpose of better ensuring its eventual survival, the Executive Director may direct that the specimen be withheld.
(4) Where the Executive Director takes possession of any live specimen of a protected species and the specimen is, in his or her opinion, incapable of normal survival in its natural habitat, he or she may -

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Money from sale of specimen or article

Where the disposal of a specimen or article under section 78 is by sale, all money realised shall be payable only into the Fund

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Money from sale of specimen or article”.

“Where the disposal of a specimen or article under section 78 is by sale, all money realised shall be payable only into the Fund”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

Where the disposal of a specimen or article under section 78 is by sale, all money realised shall be payable only into the Fund

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 78 · Disposal of specimen by Executive Director

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Specimen, domestic animal or article to be held by Executive Director

A specimen, domestic animal or article held in the custody of the Executive Director under this Act shall be held by him or her solely in his or her official capacity, and nothing in this Act shall be construed as giving the person holding the office of Executive Director private right of ownership over any specimen, domestic animal or article

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Specimen, domestic animal or article to be held by Executive Director”.

“A specimen, domestic animal or article held in the custody of the Executive Director under this Act shall be held by him or her solely in his or her official capacity, and nothing in this Act shall be construed as giving the person holding the office of Executive Director private right of ownership over any specimen, domestic animal or article”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

A specimen, domestic animal or article held in the custody of the Executive Director under this Act shall be held by him or her solely in his or her official capacity, and nothing in this Act shall be construed as giving the person holding the office of Executive Director private right of ownership over any specimen, domestic animal or article

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Custody and notification of specimen

(1)

The Authority shall be the chief custodian of all Government specimens.

(2)

Any other Government officer, agency or department in possession of a specimen shall, within two days of acquisition of that specimen notify the Authority of the nature and quantity of the specimens.

(3)

A notice under subsection (2) shall state whether or not the Government officer, agency or department wishes to keep the specimen, the purpose and estimated period for which the specimen shall be kept.

(4)

Upon receipt of a notice under subsection (2), and in case the relevant Government officer, agency or department keeps the specimen for whatever purpose and period, the Authority shall cause inspection of the specimen and advise on an appropriate marking and storage system, and in that case, the Authority shall keep regular inspection and monitoring of the specimen.

(5)

A Government officer, agency or department in possession of a Government specimen shall upon the expiry of the purpose and period for which the specimen was held surrender the specimen to the Authority.

(6)

The Executive Director shall, submit an annual report to the Board showing the number of specimens in possession of the Authority, Government officer, agency, or department indicating their quantity and quality in appropriate standard units of measurements, sources and estimated economic values.

(7)

The Board may, in consultation with the CITES Management Authority, prescribe appropriate measures, rules, regulations and guidelines for the management and disposal of government specimens.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Custody and notification of specimen”.

“(1) The Authority shall be the chief custodian of all Government specimens.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Authority shall be the chief custodian of all Government specimens.
(2) Any other Government officer, agency or department in possession of a specimen shall, within two days of acquisition of that specimen notify the Authority of the nature and quantity of the specimens.
(3) A notice under subsection (2) shall state whether or not the Government officer, agency or department wishes to keep the specimen, the purpose and estimated period for which the specimen shall be kept.
(4) Upon receipt of a notice under subsection (2), and in case the relevant Government officer, agency or department keeps the specimen for whatever purpose and period, the Authority shall cause inspection of the specimen and advise on an appropriate marking and storage system, and in that case, the Authority shall keep regular inspection and monitoring of the specimen.
(5) A Government officer, agency or department in possession of a Government specimen shall upon the expiry of the purpose and period for which the specimen was held surrender the specimen to the Authority.
(6) The Executive Director shall, submit an annual report to the Board showing the number of specimens in possession of the Authority, Government officer, agency, or department indicating their quantity and quality in appropriate standard units of measurements, sources and estimated economic values.
(7) The Board may, in consultation with the CITES Management Authority, prescribe appropriate measures, rules, regulations and guidelines for the management and disposal of government specimens.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part XII

Wildlife Compensation Verification Committee

(1)

There is established a Wildlife Compensation Verification Committee which shall be responsible for verifying claims submitted under section 84 .

(2)

The Wildlife Compensation Verification Committee shall consist of-

(a)

a representative of the Authority;

(b)

a representative of the Chief Government Valuer;

(c)

a representative of the Ministry responsible for wildlife;

(d)

a representative of the community wildlife committee; and

(e)

a representative of the Attorney General.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Wildlife Compensation Verification Committee”.

“(1) There is established a Wildlife Compensation Verification Committee which shall be responsible for verifying claims submitted under section 84.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) There is established a Wildlife Compensation Verification Committee which shall be responsible for verifying claims submitted under section 84.
(2) The Wildlife Compensation Verification Committee shall consist of-
(a) a representative of the Authority;
(b) a representative of the Chief Government Valuer;
(c) a representative of the Ministry responsible for wildlife;
(d) a representative of the community wildlife committee; and
(e) a representative of the Attorney General.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 84 · Compensation

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Wildlife Compensation Scheme

(1)

The Authority shall establish and maintain a Wildlife Compensation Scheme that shall consist of-

(a)

two percent of money collected by the Authority from the services it offers;

(b)

money appropriated by Parliament specifically for this purpose;

(c)

money from any other source approved by the Board.

(2)

The Wildlife Compensation Scheme shall be used for financing compensation claims for human death, injuries or damage to property caused by a wild animal outside a protected area.

(3)

The Wildlife Compensation Scheme shall be under the general administration of the Board.

(4)

A claim that cannot immediately be paid from the Wildlife Compensation Scheme shall become a public debt to be paid from the Wildlife Compensation Scheme when the funds become available.

(5)

For avoidance of doubt, all outstanding compensation claims shall be treated as Government debts and shall not be recovered from the Authority as an entity.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Wildlife Compensation Scheme”.

“(1) The Authority shall establish and maintain a Wildlife Compensation Scheme that shall consist of-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Authority shall establish and maintain a Wildlife Compensation Scheme that shall consist of-
(a) two percent of money collected by the Authority from the services it offers;
(b) money appropriated by Parliament specifically for this purpose;
(c) money from any other source approved by the Board.
(2) The Wildlife Compensation Scheme shall be used for financing compensation claims for human death, injuries or damage to property caused by a wild animal outside a protected area.
(3) The Wildlife Compensation Scheme shall be under the general administration of the Board.
(4) A claim that cannot immediately be paid from the Wildlife Compensation Scheme shall become a public debt to be paid from the Wildlife Compensation Scheme when the funds become available.
(5) For avoidance of doubt, all outstanding compensation claims shall be treated as Government debts and shall not be recovered from the Authority as an entity.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Compensation

(1)

Where a person-

(a)

suffers bodily injury or is killed; or

(b)

suffers damage to his or her property, by a wild animal listed in Schedule 4 to this Act, the person or his or her legal representative may submit a claim to the Wildlife Compensation Verification Committee.

(2)

The Wildlife Compensation Verification Committee shall verify a claim made under this section and submit the claim to the Board together with its recommendation.

(3)

The Board shall review the claim and if approved, award compensation according to the obtaining market rates.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Compensation”.

“(1) Where a person-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Where a person-
(a) suffers bodily injury or is killed; or
(b) suffers damage to his or her property, by a wild animal listed in Schedule 4 to this Act, the person or his or her legal representative may submit a claim to the Wildlife Compensation Verification Committee.
(2) The Wildlife Compensation Verification Committee shall verify a claim made under this section and submit the claim to the Board together with its recommendation.
(3) The Board shall review the claim and if approved, award compensation according to the obtaining market rates.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

General indemnity

(1)

An action shall not lie against the Authority for the recovery of damage caused to a person or property by an animal in a wildlife conservation area.

(2)

The Executive Director or other officer shall not be held personally liable for damage or otherwise to a person by reason of his or her exercise or non-exercise in good faith and without negligence of the powers vested in him or her under this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “General indemnity”.

“(1) An action shall not lie against the Authority for the recovery of damage caused to a person or property by an animal in a wildlife conservation area.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) An action shall not lie against the Authority for the recovery of damage caused to a person or property by an animal in a wildlife conservation area.
(2) The Executive Director or other officer shall not be held personally liable for damage or otherwise to a person by reason of his or her exercise or non-exercise in good faith and without negligence of the powers vested in him or her under this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Regulations

(1)

The Minister may, by statutory instrument, in consultation with the Board, make regulations for carrying into effect the provisions of this Act.

(2)

Without prejudice to the generality of subsection (1), the regulations may-

(a)

provide for the returns to be furnished to the Board or the Executive Director by holders of licences, permits, certificates or holders of wildlife use rights of records issued or maintained under this Act;

(b)

prescribe the forms to be used under this Act;

(c)

prescribe the fines and fees payable under this Act;

(d)

provide for the efficient management of revenue and benefit sharing with local communities;

(e)

provide for the remission in special cases of fees payable under this Act;

(f)

provide for the furtherance of public knowledge concerning the management of wildlife by means which may be considered appropriate;

(g)

provide for the management of a protected area or a part of the protected area;

(h)

provide for the management of a species or a class of species of animals or plants;

(i)

provide for the management of wildlife use rights;

(j)

provide for management of concessions;

(k)

provide procedures for compensation for any injury or death caused to a person or damage to property caused by a wild animal outside a wildlife conservation area;

(l)

provide for operations of the community wildlife committees established under this Act; and

(m)

generally for the better carrying out of the purpose of this Act and the prescription of anything required or authorised to be prescribed under this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Regulations”.

“(1) The Minister may, by statutory instrument, in consultation with the Board, make regulations for carrying into effect the provisions of this Act.”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Regulations”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Minister may, by statutory instrument, in consultation with the Board, make regulations for carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the regulations may-
(a) provide for the returns to be furnished to the Board or the Executive Director by holders of licences, permits, certificates or holders of wildlife use rights of records issued or maintained under this Act;
(b) prescribe the forms to be used under this Act;
(c) prescribe the fines and fees payable under this Act;
(d) provide for the efficient management of revenue and benefit sharing with local communities;
(e) provide for the remission in special cases of fees payable under this Act;
(f) provide for the furtherance of public knowledge concerning the management of wildlife by means which may be considered appropriate;

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Power to amend Schedules

(1)

The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

(2)

The Minister may, by statutory instrument, amend Schedules 2 and 3 to this Act.

Schedule 1 (Sections 2 , 87(1) )

Currency point A currency point is equivalent to twenty thousand shillings.

Schedule 2 (Sections 16 , 87(2) )

Meetings and proceedings of Board

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Power to amend Schedules”.

“(1) The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.
(2) The Minister may, by statutory instrument, amend Schedules 2 and 3 to this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 2 · Interpretation Section 16 · Meetings of Board

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. Meetings of Board

(1)

The Chairperson shall convene every meeting of the Board at a time and place as the Board may determine, and the Board shall meet for the discharge of business at least once every three months.

(2)

The Chairperson may at any time, convene a special meeting of the Board if requested to do so in writing by at least five members of the Board.

(3)

The Chairperson shall convene a meeting referred to in subparagraph (2) within fourteen days after receiving the request.

(4)

Notice of a meeting of the Board shall be given in writing to each member at least fourteen working days before the day of the meeting.

(5)

The Chairperson shall preside at every meeting of the Board and in the absence of the Chairperson, the members shall appoint a member from among themselves to preside at that meeting.

2. Quorum

(1)

The quorum for a meeting of the Board is five members.

(2)

All decisions at a meeting of the Board shall be by a majority of the votes of the members present and voting and in the case of an equality of votes the decision shall be considered rejected.

3. Minutes of meetings

(1)

The Board shall cause to be recorded and kept, minutes of all meetings of the Board in a form approved by the Board.

(2)

The minutes recorded under this paragraph shall be submitted to the Board for confirmation at its next meeting following that to which the minutes relate and when so confirmed, shall be signed by the Chairperson, in the presence of the members present at the latter meeting.

4. Power to co-opt

(1)

The Board may invite any person who, in the opinion of the Board, has expert knowledge concerning the functions of the Board to attend and take part in the proceedings of the Board.

(2)

A person attending a meeting of the Board under subparagraph (1) may take part in any discussion at the meeting on which his or her advice is required but shall not have any right to vote.

5. Validity of proceedings not affected by vacancy

The validity of any proceedings of the Board shall not be affected by a vacancy in its membership or any defect in the appointment or qualification of a member or by reason that a person not entitled, took part in its proceedings.

6. Disclosure of interest

(1)

A member of the Board who has a direct or indirect personal interest in a matter being considered or about to be considered by the Board shall disclose the nature of his or her interest to the Board at a meeting of the Board.

(2)

A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of that meeting.

(3)

A member making the disclosure under subparagraph (1) shall not-

(a)

be present during any deliberation on the matter by the Board; or

(b)

take part in the decision of the Board.

(4)

When there is no quorum for the continuation of a meeting only because of the exclusion of a member from the deliberation on a matter in which he or she has disclosed a personal interest, the other members present may postpone the consideration of that matter until a quorum, without that member, is realised.

7. Board may regulate its procedure

Subject to this Act, the Board may regulate its own procedure or any other matter relating to its meeting.

Schedule 3 (Sections 34(1) , 87(2) )

List of Protected Species

Mammals

1 Acinonyx jubatus Cheetah

2 Acomys species Grey Spiny Mouse

3 Aepyceros melampus Impala

4 Aethomys kaiseri Kaiser's Rock Rat

5 Alcelaphus buselaphus Common Hartebeest

6 Anomalurus beecrofti Beecrofts Scaly-tailed Squirrel

7 Anomalurus derbianus Lord Derbys Scaly-tailed Squirrel

8 Anubis manistricuspis Tree Pangolin

9 Aonyx congicus Congo Clawless Otter

10 Aonyx congicus Small-Clawed Otter

11 Atelerix abiventries Hedgehogs

12 Atelerix albiventris Four-toed Hedgehog

13 Bdeogale jacksoni Black-legged Mongoose

14 Bedeogale nigripes Jackson's Mangoose

15 Philantomba monticola Blue Duiker

16 Cephalophus nigrifrons Black-fronted Duiker

17 Cephalophus rufilatus Red-flanked Duiker

18 Cephalophus silvicultor Yellow-backed duiker

19 Cephalophus weynsi Weyn's Duiker

20 Ceratotherium simum Square-lipped/White Rhinoceros

21 Cercopithecus albigena Mangabey

22 Cercopithecus ascanius Black-cheeked White- nosed Monkey

23 Cercopithecus ascanius Red-tailed Monkey

24 Cercopithecus Ihoesti L'Hoest's Monkey

25 Cercopithecus mitis Blue Monkey

26 Cercopithecus neglectus De Brazza's Monkey

27 Chlorocebus pygevithnts Velvet monkey

28 Cercopithecus wolfi Congo Basin Wolf's Monkey

29 Colobus angolensis Angolan Colobus

30 Piliocolobus tephrosceles Uganda Red Colobus

31 Cricetomys emini Forest Giant Pouched Rat

32 Cricetomys gambianus Savanna Pouched Rat

33 Crocuta crocuta Spotted Hyena

34 Crocuta spp Stripped Hyena

35 Damaliscus lunatus Topi

36 Delanymys brooksi Delany's Swamp Mouse

37 Dendro hyrax arboreus Southern Tree Hyrax

38 Dendrohyrax dorsalis Western Tree Hyrax

39 Dendromus insignis Montane African Climbing Mouse

40 Diceros bicornis Black rhinoceros

41 Dologale dybowskii Pousargues Mongoose

42 Eilodon helvum African Straw colored Fruit Bat

43 Elephantulus brachyrhynchus Short-Snouted Elephant Shrew

44 Elephantulus fuscipes Dusky-Footed Elephant Shrew

45 Elephantulus rufescens Rufous Elephant Shrew

46 Epomophorus labiatus Epauletted Fruit Bat

47 Epomops franqueti Epauletted Bat

48 Erythrocebus patas Patas Monkey

49 Euoticus inustus Needle Clawed Bushbaby

50 Felis aurata Golden Cat

51 Felis caracal Caracal

52 Felis serval Serval

53 Funisciurus anerthrus Redness Tree Squirrel

54 Funisciurus anerythrus Thomas Tree Squirrel

55 Funisciurus carruthersi Carruthers Mountain Tree Squirrel

56 Funisciurus pyrropus Fire-footed Rope Squirrel

57 Galago matschiei Eastern Needle-Clawed Bushbaby

58 Galago matschiei Matschie's galago

59 Galago senegalensis Lesser Bush Baby

60 Galago thomasi Thomas' Bush Baby

61 Galagoides demidoff DemidofTs Dwarf Galago

62 Gazella granti Grant's Gazelle

63 Nanger servalina Servaline Genet

64 Genetta maculata Large-spotted Genet

65 Genetta victoriae Giant Genet

66 Giraffa Camelopardalis Giraffe

67 Gorilla beringei beringei Mountain Gorilla

68 Graphiurus murinus African Common Dormouse

69 Graphiurus nanus East African Pygmy Dormouse

70 Graphiurus ocularis West African Common Dormouse

71 Heliosciurus gambianus Gambian Sun Squirrel

72 Heliosciurus ruwenzori Ruwenzori Sun Squirrel

73 Helioscurus rufobrachium Red Legged Sun Squirrel

74 Heterohyrax brucei Yellow-Spotted Hyrax

75 Hippotragus equines Roan Antelope

76 Hybomys univfttatus Peters Striped Mouse

77 Hyemoschus aquanticus Water chevrotain

78 Ictonyx striatus Zorilla

79 Idiurus zenkeri African Dwarf (Zenker's) Flying Squirrel

80 Kobus ellipsiprymnus Waterbuck

81 Kobus kobus Uganda Kob

82 Lemniscomys species Striped Grass Mouse

83 Lophiomys imhausi Maned Rat

84 Lophocebus albigena Grey-cheeked Mangabey

85 Lophuromys woosnami Woosnam's Brush-furred Rat

86 Loxodonta africana African Elephant

87 Lycaon pictus Hunting Dog/African Wild Dog

88 Madogua geuntheri Geuther's Dikdik

89 Madoqua guntheri Gunther's Dikdik

90 Malacomys longipes Long-footed Rat

91 Manis gigantea Giant Pangolin

92 Manis temminkii Scaly Anteater

93 Manis tetradactyla Long-tailed Pangolin

94 Mellivora capensis Honey Badger

95 Mus species Mouse spp.

96 Mylomys dybowski Three-toed Grass Rat

97 Myonycteris torquata Little Colored Fruitbat

98 Nandina binotata Palm Civet

99 Neo tragus batesi Pygmy Antelope

100 Oenomys hypoxarythus Rusty-nosed Rat

101 Oreotragus oreotragus Klipspringer

102 Oryx gazella Gemsbok

103 Oryx gazella beisa Beisa oryx

104 Otolemus crassicaudatus Thick-tailed Bush Baby

105 Ourebia ourebi Oribi

106 Pan troglodytes Common Chimpanzee

107 Panthera leo Lion

108 Panthera pardus Leopard

109 Papio anubis Olive Baboon

110 Paraxerus alaxandri Alexander's Bush Squirrel

111 Paraxerus boehmi Boehm's Bush Squirrel

112 Paraxerus cepapi Bush squirrel

113 Paraxerus ochraceus Huet's Bush Squirrel

114 Pelomys isseli Lake Victoria Rat

115 Perodicticus pofto Potto

116 Poecilogale albinucha Striped Weasel

117 Praomys species African Soft Furred Rat.

118 Proc avia capensis Cape Hyrax

119 Procolobus budius tephorosceies Uganda Red Colobus

120 Protoxerus stangeri Stanger's Squirrel

121 Redunca fulvorufula Mountain reedbuck

122 Redunca redunca Bohor's reedbuck

123 Rhabdomys pumilio Four-striped grass mouse

124 Rhynchocyon cirnei Checkered Elephant Shrew

125 Rousettus lonosus Rosette Fruitbat

126 Saccustomus mearnsi African Pouched Rat

127 Stratomys species Fat Mouse

128 Syncerus caffer African buffalo

129 Tartera boehmi Boehm's Gerbil

130 Tartera nigricauda Black -tailed Gerbil

131 Tartera robusta Fringe-tailed Gerbil

132 Tartera valida Northern Savanna Gerbil

133 Tarterillus congicus Congo Gerbil

134 Tarterillus emini Emin's Gerbil

135 Tarterillus harringtoni Harrington's Gerbil

136 Taurotragus derbianus Giant eland

137 Thamnomys venustus Montane Thicket Rat

138 Tragelaphus oryx Common eland

139 Tragelaphus spekii Sitatunga

140 Tragelaphus imberbis Lesser Kudu

141 Tragelaphus strepsiceros Greater Kudu

142 Xerus erythropus Geoffreys Ground Squirrel

143 Xerus rutilus Unstriped Ground Squirrel

Birds

1 Aamandava subflava Zebra Waxbill

2 Actophilonis africana African Jacana

3 Agapornis pullaria Red-headed Lovebird

4 Agapornis swinderina Black-collared Lovebird

5 Alcedo cristata Malachite Kingfisher

6 Alcedo quadribrachys Shining-blue Kingfisher

7 Alet he poliophys Red-throated Alethe

8 Amandina fasciata Cut-throat Finch

9 Amblyospiza albifrons Grossbeak Weaver

10 Anaplectes rubriceps Red-headed Weaver

11 Anhinga rufa African Darter

12 Apalis karamojae Karamoja Apalis

13 Apaloderma narina Narina's Trogon

14 Aquila verreauxii Verreaux's eagle

15 Asio capensis African Marsh Owl

16 Balaeniceps rex Shoebill

17 Balearica regulorum Grey-crowned Crane

18 Megabyas flammulatus Common Shrike Flycatcher

19 Bias musicus Crested Shrike Flycatcher

20 Bostrychia olivacea Olive Ibis

21 Bostrychia rara Spot-breasted Ibis

22 Brandypterus graueri Grauer's Rush Warbler

23 Bubo poensis Fraser's Eagle Owl

24 Bubulcus ibis Cattle Egret

25 Bucorvus abyssinicus Abyssinian Hombill

26 Buphagus africanus Yellow-billed Oxpecker

27 Buphagus erythrorhynchus Red-billed Ox-pecker

28 Campephaga quiscalina Purple-throated Cuckoo- Shrike

29 Bycanites cylindricus White-Thighed Hombill

30 Bycanites fistulator Piping Hombill

31 Bycanites subcylindricus Black and White casqued Hombill

32 Megaceryle maxima Giant kingfisher

33 Ceryle rudis Pied kingfisher

34 Isipidina lecontei African Dwarf Kingfisher

35 Isipidina picta African Pygmy Kingfisher

36 Chloropeta gracilirostris Papyrus Yellow Warbler

37 Ciconia abdimii Abdim's Stork

38 Ciconia episcopus Woolly-Necked Stork

39 Cinnyricinclus leucogaster Violet-backed Starling

40 Cinnyricinclus sharpii Sharpe's Starling

41 Circaetus cinerascens Western Banded Snake Eagle

42 Circaetus pectoralis Black-chested Snake- eagles

43 Clytospiza monteiri Brown Twinspot

44 Coracias abyssinica Abyssinian Roller

45 Coracias caudata Lilac-breasted Roller

46 Coracias garrulus Eurasian Roller

47 Coracias naevia Rufous-crowned Roller

48 Corvus albus Pied Crow

49 Corythaeola crustata Great-Blue turaco

50 Corythaixoides personata Bare faced Go-away-bird

51 Cossypha caffra Cape Robin Chat

52 Cossypha heuglini Heuglin's Robin-Chat

53 Cossypha natalensis Red-capped robin chat

54 Cossypha niveicapilla Snowy-headed Robin Chart

55 Cossypha roberti White-bellied Robin Chat

56 Co turn ix chinensis Blue-breasted Quail

57 Creatophora cinerea Wattled Starling

58 Crex crex Corncrake

59 Crypotospiza shelleyi Shelley's Crimson-wing

60 Cryptospiza reicheinovii Red faced Crimson- wings

61 Cryptospiza salvadorii Abbysinian Crimson- wings

62 Cryptospiza shelleyi Shelleys Crimsonwing

63 Cursorius species Couser species

64 Dryocichloides poliopterus Grey-winged Ground Robin

65 Casmeradius albus Great White Egret

66 Emberiza cabanisi Cabinis's Bunting

67 Emberiza flaviventris African Golden-breasted Bunting

68 Emberiza affinis Brown-rumped Bunting

69 Emberiza poliopleura Somali Golden-breasted Bunting

70 Emberiza tahapisi Cinnamon-breasted Rock Bunting

71 Ephipiiorhynchus senegalensis Saddle-billed Stork

72 Estrilda astrild Common Waxbill

73 Estr Uda atricapilla Black-headed Waxbill

74 Estrilda crythronotus Black-faced Waxbill

75 Estrilda melanotis Yellow-bellied Waxbill

76 Estrilda nonnula Black-crowned Waxbill

77 Estrilda paludicola Fawn-breasted Waxbill

78 Estrilda rhodopyga Crimson-rumped Waxbill

79 Estrilda troglodytes Black-rumped Waxbill

80 Euplectes albonotatus White-winged Widow Bird

81 Euplectes ardens Red-collard Widow bird

82 Euplectes axillaris Fan-tailed Widow bird

83 Euplectes capensis Yellow Bishop

84 Euplectes franciscanus Northern Red Bishop

85 Euplectes hartlaubi's Handaibi's Marsh Widow Bird

86 Euplectes hordeaceus Black-winged Red Bishop

87 Euplectes macrourus Yellow-mantled Widow Bird

88 Euplectes orix Southern Red Bishop

89 Eupodotis hartlaubii Hartlaub's Bustard

90 Eupodotis melanogaster Black-bellied Bustard

91 Eupodotis gindiana Buff-crested Bustard

92 Eupodotis senegalensis White-bellied Bustard

93 Eurystomus glaucurus Broad-billed Roller

94 Eurystomus gularis Blue-throated Roller

95 Falco fasclinucha Taita Falcon

96 Falco naumanni Lesser Kestrel

97 Francolinus levaillantoides Orange River Francolin

98 Francolinus nahani Nahan's Francolin

99 Francolinus streptophors Ring-necked Francolin

100 Glareola pranticola White-collared Pratincole

101 Glaucidium perlatum Pearl-spotted Owlet

102 Guttera puchrami eduardo Crested Guinea fowls

103 Gypaetus barbatus Lammergeiyer

104 Baserychia Hagedashia hagedash Hadada Ibis

105 Halcyon malimbica Blue breasted kingfisher

106 Hieraaetus ayresii Ayres' Hawk Eagle

107 Hirundo atrocaerulea Blue Swallow

108 Halycon leucocephala Grey-headed Kingfisher

109 Halycon ssenegalensis Woodland Kingfisher

110 Hyliota australis Southern Hyliota

111 Myaeria ibis Yellow-billed Stork

112 Indicator conirostris Thick-billed Honeyguide

113 Indicator exilis Least Honeyguide

114 Lagonostica rubricicata African fire finch

115 lagonosticta rara Black-bellied Firefinch

116 Lagonosticta rhodopareia Jameson's Firefinch

117 Lagonosticta rvfopicta Bar-breasted Firefinch

118 Lagonosticta senegala Red-bellied Firefinch

119 Lagonosticta larvata Black-faced Firefinch

120 Lamproitomis purpuropetrs Ruppell's long-tailed Starlings

121 Lamprotornis chalcurus Bronze-tailed Starling

122 Lamprotornis chalybeus Greater Blue-eared Starling

123 Lamprotornis chloropterus Lesser blue-eared Starling

124 Lamprotornis purpureus Purple Starling

125 Lamprotornis splendidus Splendid Starling

126 Lanius excubitoroides Grey-backed Fiscal

127 Leptotilos crumeniferus Marabou Stork

128 Linurgus olivaceus Oriole-Finch

129 Lonchura bicolor Black-and-white Mannikin

130 Lonchura cantans African Silverhill

131 Lonchura cucullata Bronze Mannikin

132 Lonchura griseicapilla Grey-headed Silverhill

133 Lybius bidentatus Double-toothed Barbet

134 Lybius lenocephalus White-headed Barbet

135 Lybius quifsobalito Black-billed Barbet

136 Lybius rolled Black-breasted Barbet

137 Lybius rubrifacies Red faced Barbet

138 Mandingoa nitidula Green-backed Twinspot

139 Mecrops apiaster European Bee-eater

140 mecrops bicollis White-throated Bee- eater

141 Mecrops bukocki Red-throated Bee-eater

142 Mecrops gularis Black Bee-eater

143 Mecrops hirundineus Swallow-tailed Bee-eater

144 Mecrops persicus Blue-cheeked Bee-eater

145 Mecrops supercilliosus Madagascar Bee-eater

146 Mecrops variegatus Blue-breasted Bee-eater

147 Melierax species Goshawk

148 Melittophagus pusillus Little Bee-eater

149 Merops nubicus Norchem Carmine Bee- eater

150 Microparra capensis Lesser Jacana

151 Musaphaga rossae Ross's Turaco

152 Muscicapa lendu Chapin's Flycatcher

153 Tauraco porphyreolopha Purple Crested Turaco

154 Mycteria lameligerus Open-billed Stork

155 Anastamus ibis Yellow-billed Stork

156 Nactarina amathystina Amethyst Sunbird

157 Nactarina famosa Malachite Sunbird

158 Nactarina hunteri Hunters Sunbird

159 Nactarina tuccazze Taccaze Sunbird

160 Necrosyrtes monachus Hooded Vulture

161 Cyanomitra alinae Blue-headed Sunbird

162 Chalcomitra amethystina Amethyst Sunbird

163 Cinnyris bifasciata Purple-banded Sunbird

164 Cinnyris chloropygia Olive-bellied Sunbird

165 Cinnyris cuprea Copper Sunbird

166 Cyanomitra cyanolaema Blue-throated Sunbird

167 Cinnyris erythrocerca Red-chested Sunbird

168 Nectarinia johnstoni Scarlet-tufted Malachite Sunbird

169 Nectarinia kilimensis Bronze Sunbird

170 Cinnyris ludovicensis Montane Double-collard Sunbird

171 Cinnyris mariquensis Marico Sunbird

172 Cinnyris preussi Northern Double-Collard Sunbird

173 Cinnyris pulchella Beautiful Sunbird

174 Nectarinia purpureiventds Purple-breasted Sunbird

175 Cinnyris regia Regal Sunbird

176 Chalcomitra rubescens Green-throated Sunbird

177 Anthreptes seimundi Little Green Sunbird

178 Chalcomitra senegalensis Scarlet-chested Sunbird

179 Cinnyris stuhimanni Rwenzori Double- collared Sunbird

180 Cinnyris superba Superb Sunbird

181 Cinnyris venusta Variable Sunbird

182 Cyanomitra verticalis Green-headed Sunbird

183 Nectarinia reichenowi Golden-winged Sunbird

184 Neophron perenopterus Egyptian Vulture

185 Nesocharis ansorgei White-collared Oliveback

186 Nesocharis capistriata Grey-headed Oliveback

187 Nigriata bicolor Chestnut-breasted Negrofinch

188 Nigrita canicapilla Grey-headed Negrofinch

189 Nigrita Jusconota White-breasted Negrofinch

190 Nigrita luteifrons Pale-fronted Negrofinch

191 Oena capensis Namaqua Dove

192 Onychognathus morio Red-winged Starling

193 Onychognath us salvadorri Bristle-crowned Starling

194 Onychognathus walled Waller's Starling

195 oriolus auratus African Golden Oriole

196 Oriolus brachyrhynchus Western Black-headed Oriole

197 Oriolus larvatus African Black-headed Oriole

198 Oriolus oriolus Eurasian Golden Oriole

199 Oriolus percivali Montane Oriole

200 Ortygospiza atricollis African Quail Finch

201 Ortygospiza gabonensis Black-chinned Quail Finch

202 Oxyura maccoa Maccoa Duck

203 Pandion haliaetus Osprey

204 Pecoptera lugubris Narrow-nailed Starling

205 Pecop tera stuhimanni Stuhlmann's Starling

206 Pelecanus onocrotaalus Grey White pelican

207 Pelecanus rufescens Pink-backed Pelican

208 Phoeniculus castaneiceps Forest Wood hoopoe

209 Phyllastrephus hypochloris Toro Olive Greenbul

210 Pifta reichenovvi Green-breasted Pitta

211 Pilostomus afer Piacpiac

212 Pitta angolensis African Pitta

213 Dyaphorophyia castanea Chestnut Wattle-eye

214 Dyaphorophyia concreta Yellow-bellied Wattle- eye

215 Platysteira cyanea Common Wattle-eye

216 Dyaphorophyia jamesoni Jameson's Wattle-eye

217 Plegadis falcinellus Glossy Ibis

218 Pteracles lichtensteini Lichtenstein's Sandgrouse

219 Pteracles quadricinctus Four-banded Sandgrouse

220 Ploceus alienus Strange Weaver

221 Ploceus aurantius Orange Weaver

222 Ploceus bicolor Dark-backed Weaver

223 Ploceus castanops Northern Brown- throated Weaver

224 Ploceus cucullatus Black-Headed Weaver

225 Ploceus heuglini Heuglin's Masked Weaver

226 Ploceus intermedius Lesser Masked Weaver

227 Ploceus jacksoni Golden-backed Weaver

228 Ploceus luteolus Little Weaver

229 Ploceus melanocephalus Yellow-backed Weaver

230 Ploceus melanogaster Black-billed Weaver

231 Ploceus nigerrimus Vieillot's Black Weaver

232 Ploceus nigricollis Black-necked Weaver

233 Ploceus ocularis Spectacled Weaver

234 Ploceus pelzelni Slender-billed Weaver

235 Ploceus rubiginosus Chestnut Weaver

236 Ploceus spekeoides Fox's Weaver

237 Ploceus weynsi Weyn's Weaver

238 Ploceus weynsi Weyns ' Weaver

239 Ploceus xanthops Holub's Golden Weaver

240 Podica senegalensis African Finfoot

241 Podiceps cristatus Great Crested Grebe

242 Podiceps nigricollis Black-necked Grebe

243 Poicephalus guliemi Red-fronted Parrot

244 Poicephalus meyeri Brown Parrot

245 Poicephalus robustus White-necked Parrot

246 Polemaetus bellicosus Martial eagle

247 Porzana pussilia Lesser spotted crane

248 Prionops plumatus White-crested Helmet- shrike

249 Prodotiscus insignis Cassin's honeybird

250 Pseudocalyptomena graueri African Green Broadbill

251 Psittacus erithacus African Grey Parrot

252 Pyfilia afra Orange-winged Pytilia

253 Pyrenestes ostrinus Black-bellied Seedcracker

254 Pytilia melba Green-winged Pytilia

255 Pytilia phoenicoptera Red-winged Pytilia

256 Pytlia melba Green Winged Pylia

257 Quelea quelea Red billed Quelea

258 Rynchops flavirostris African Skimmer

259 Sagittarius serpentarius Secretary bird

260 Scotopelia pell Pel's Fishing Owl

261 Serinus reichenow Yellow-rumped Seedeater

262 Serinus burtoni Thick-billed Serin

263 Serinus citrinelloides African Citril

264 Serinus canicollis Yellow-crowned Canary

265 Serinus dorsostriatus White-bellied Canary

266 Serinus gularis Streaky-headed Serin

267 Serinus koliensis Papyrus Serin

268 Serinus leucopygius White-rumped Serin

269 Serinus mozambicus Yellow-fronted Canary

270 Serinus striolatus Streaky Serin

271 Serinus suphuratus Brimstone Canary

272 Smithomis rufolateralis Rofous-sided Broadbill

273 Smithornis capensis African Broadbill

274 Spermophaga poliogervys Grant's Bluebill

275 Spermophaga ruficapilla Red-headed Bluebill

276 Spreo superbus Super starlings

277 Vidua paradisaea Paradise whydah

278 Stephanoaetus coronatus African Crowned Eagle

279 Struthio camelus Common Ostrich

280 Tauraco hartlaubi Hartlaub's Turaco

281 Tauraco johnstoni Rwenzori Turaco

282 Tauraco schutti Black-billed Turaco

283 Terpsiphone cyanomelas Blue Mantled Crested Monarch

284 Terpsiphone rufiventer Red Bellied Paradise Monarch

285 Terpsiphone virides African Paradise Monarch

286 Thalassornis leuconotus White-backed Duck

287 Tockus alboterminatus Crowned Hombill

288 Tockus erythorhynchus Red billed Hombill

289 Tockus fasciatus African Pied Hombill

290 Tockus jacksoni Jackson's Hombill

291 Tockus nasutus African Grey Hombill

291 Torgos tracheliorotus Lappet-faced Vulture

292 Trachyphonus damaudii d'Anaud's Barbet

293 Trachyphonus erythrocephalus Red-and-yellow Barbet

294 Trachylaemus purpuratus Yellow-billed Barbet

295 Treskiornis aethiopius Sacred Ibis

296 Trigonoceps occipitalis White-headed Vulture

297 Tuaraco leucolophus White crested Turaco

298 Turaco schuetti Black-billed Turaco

299 Turdus libonianus Kurrichane Thrush

300 Zoothera oberlaenderi Forest Ground-Thrush

301 Turdus olivaceus Olive Thrush

302 Turdus peiios African Thrush

303 Turdus philomelos Song Thrush

304 Turdus tephronotus Bare-eyed Thrush

305 Turnix hottentota Black-rumped Button Quail

306 Turtur tympanistria Tambourine doves

307 Turtur abyssinicus Black-billed Wood-Dove

308 Turtur afer Blue-spotted Wood- Dove

309 Turtur chalcospilas Emerald-spotted Wood- Dove

310 Tyto capensis African Grass Owl

311 Uraeginthus bengalus Red-cheeked Cordon- bleu

312 Ureaginthus lanthinogaster Purple Grenadier

313 Urocolius macrourus Blue-naped Mouse-Bird

314 Co Hus striatus Speckled Mouse-bird

315 Vanellus ajbiceps White-crowned Lapwing

316 Vanellus senegallus African Wattled Lapwing

317 Vidua chalybeata Village Indigo bird

318 Vidua fischeri Straw-tailed Wydah

319 Vidua hypocherina Steel-blue Wydah

320 Vidua obtusa Broad-tailed Paradise- Wydah

321 Vidua macroura Pin-tailed Whydah

322 Vidua paradisaea Eastern Paradise Wydah

323 Zesterops sengegalensis Yellow White eyes

324 Zoothera tanganjicae Kivu Ground-Thrush

Reptiles

1 Bradypodion adolfifrederici Ituri Forest Chameleon

2 Bradypodion carpenterii Rwenzori Mountain Chameleon

3 Bradypodion fisherii Fishers two homed chameleon

4 Bradypodion xenorhinus Strange-nosed Chameleon

5 Bradypodion xenorrhinus Rhino Chameleon

6 Chamaeleo ellioti Mountain Dwarf Chameleon

7 Chamaeleo johnstonii Johnson's Three Homed Chameleon

8 Chamaeleo quilensis Bocages Chameleon

9 Chamaeleo quilensis Savana chameleon

10 Chamaeleo senegalensis Senegal Chameleon

11 Chamaeleo xenorhinus Rwenzori Mt. chameleon

12 Chamaeleo adolfifrederici No Common Name

13 Chamaeleo bitaeniatus Two Lined Chameleon

14 Chamaeleo elliotti Elliot's Chameleon

15 Chamaeleo hoehnelli Highland Chameleon

16 Chamaeleo johnstonii Johnson's Three Homed Chameleon

17 Chamaeleo hoehnelii Helmeted Chameleon

18 Chameleo bitaeniatus Two Lined Chameleon

19 Chameleo capenteri Carpenters chameleon

20 Chameleo dilepsis Flap necked chameleon

21 Chameleo fuelleborn Three homed chameleon

22 Chameleo gracilis Graceful chameleon

23 Chameleo jacksonii Jackson's Three Homed Chameleon

24 Chameleo oweni Owens chameleon

25 Chameleo rudis Side stripped chameleon

26 Chamaeleo laevigatus Smooth Chameleon

27 Rhamph brevuicadatus Bearded pigmy chameleon

28 Rhampholeon species Stump Tail Chameleon

29 Crocodylus niloticus Nile Crocodile

30 Crocodylus suchus Kidepo Crocodile

31 Osteolaemus tetraspis Broad-snouted Crocodile

32 Adolfus species Garden Lizard

33 Agama species Agama

34 Cnemaspis species Forest geckos

35 Gerrhosaurus major Majors plated lizards

36 Gerrhosaurus species Plated Lizard

37 Gerrosaurus flavigularus Yellow Throated Lizard

38 Hemidactylus species Common house gecko

39 Hemitheconyx tailory Fat tail gecko

40 Holaspis guentheri Blue neon lizard

41 Holodactylus africanus Dwarf fat tail Ground Gecko

42 Holodactylus species Ground gecko

43 Latastia longicaudata Long tailed lizard

44 Lygodactalus luteopicturatus Yellow headed gecko

45 Lygodactylus species Cape Gecko

46 Mabuya plainfrons Long tailed skink

47 Mabuya quinquentaeniata Blue tailed skink

48 Mabuya species Common Skink

49 Mabuya striata Stripped skink

50 Mabuya varia Variable skink

51 Memidactylus mabouia Tropical house Gecko

52 Nucras species Sand lizard

53 Pachydactyl us species Wall gecko

54 Pachydactylus species Thick Toed Gecko spp.

55 Riopa femandi Fire Skink

56 Stekkui atrucikus Blue tree headed agama

57 Varanus albigularis White-throated Monitor

58 Varanus exantimaticus Bose's Monitor

59 Varanus niloticus Nile Monitor

60 Antheris nitschei Great Lakes Bush Viper

61 Antheris squamiger Common Bush Viper

62 Atheris hispidus Rough scaled bush viper

63 Atractaspis, bibronii Burrowing viper

64 Bitis arietans Puff adder

65 Bitis gabonica Gabon Viper

66 Bitis nasicornis Rhino Viper

67 Boaedon species House Snake

68 Boiga blandingi Blanding's Tree Snake

69 Boiga pulverulenta Boiga Tree Snake

70 Bothrophtalamus species Striped Snake

71 Causus species Night adder

72 Dasypeltis species Egg Eating Snakes

73 Dendroaspis angusticeps Common Green Mamba

74 Dendroaspis jaemesoni Jameson's Mamba

75 Dendroaspis polylepis Black Mamba

76 Dipsadoboa aulica Cat Eyed Snake

77 Dispholidus typhus Boomslang

78 Duberria lutrix Slug eater

79 Elapsoidea species African Garter Snake

80 Eryx species Sand boa

81 Hemirhagerrhis nototaenia Bark Snake

82 Leptotyphlops species Burrowing Blind Snake

83 Lycophidion capensis Wolf Snake

84 Mehelya capensis File Snake

85 Naja haje Egyptian Cobra

86 Naja melanoleuca Forest Cobra

87 Naja nigricollis Spitting Cobra

88 Naja olivaceus Cream bellied cobra

89 Natriciteras species Water Snake

90 Philotharnnus, species Bush Snake

91 Psammophis species Sand Snake

92 Pseudaspis cana Mole Snake

93 Pseudohaje goldii Gold's Tree Cobra

94 Python regius Ball Python

95 Python sebae Rock Python

96 Telescopus serniannulatus Tiger Snake

97 Thelothornis capensis Twig Snake

98 Thelothornis kirtlandii Vine Snake

99 Thrasops species Tree Snake

100 Tuphlops; bibronii Burrowing Snake

101 Cycianorbis eiegans Flap shell Turtle

102 Cycloderma frenaturn Dotted Soft-shell Turtle

103 Geohelone pardalis Leopard Tortoise

104 Kinixys belliana Bell's Hinged Tortoise

105 Kinixys erosa Serrated Hinge-backed tortoise

106 Pelomedusa subrufa African Helmet Turtle

107 Pelusios gabonensis African Forest Turtle

108 Pelusios species African mud turtle

109 Tryonix triunguis Nile Soft-shelled Terrapin

Amphibians

1 Afrixalus species Banana Frog

2 Bufo species Toads

3 Chiromantis xerampelia Foam Tree Frog

4 Crypioihylax gresfoffi Webbed Kassina

5 Hemisus species Pig Nosed Frog

6 Hyperolius argus Argus Reed frog

7 Hyperolius marmoratus Marbled reed frog

8 Hyperolius species Reed Frog

9 Hyperolius vilidiflavus Viridiflavian reed frog

10 Kassina maculata Red legged Kasiina

11 kassina species Running Frog

12 Leptopelis species Tree Frogs

13 Phlyctimantis species Stripe Legged Frog

14 Phrynobatrachus species Puddle Frogs

15 Phrynomerus species Walking Frog

16 Rana species Jumping and Bull Frog

17 Schoutedenella species Litter Frogs

18 Xenopus species Clawed Frog

Schedule 4 (Section 84(1) )

Compensatable wildlife species whose damage creates liability for compensation (a) Death and injury

Elephant

Lion

Leopard

Crocodile

Buffalo

Hyena

Hippopotamus

Gorilla

Chimpanzee

(b)

Damage to property

Elephant

Buffalo

Lion

Leopard

Hippopotamus

Baboons

Gorillas

Chimpanzee

Bush pigs

Original Laws of Uganda consolidation (as at 31 December 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.

Quick facts

Short title: Uganda Wildlife Act
Cap.: Cap. 315
Enacted: 2019
Commencement: 27 September 2019
Last amended by: —

View full details →

Versions

Current

as at 31 December 2023

In force

Earlier points in time

Commenced 27 September 2019

Cases interpreting this Act

5 judgments in the Wakilii corpus cite this Act. Most-cited first.

China Railway 18th Bureau Group Co. Limited v Uganda (Criminal Revision 10 of 2024) [2025] UGHC 48 · High Court
Mumbere and 2 Others v Uganda Wildlife Authority (Civil Suit 65 of 2022) [2024] UGHC 888 · High Court
Bamuhiga & Ors v Mugarra & Ors (Civil Suit No.68 of 2006; Civil Suit No.78 of 2006) [2009] UGHC 110 · High Court
Bamuhiga & 5 Ors v Mugarra & Ors (CIVIL SUITS No. 0068 OF 2006 AND 0078 OF 2006 C.S. No. 68 OF 2006) [2009] UGHCCD 7 · High Court
Bamuhiga and Others v Mugara and Others (Civil Suits No. 0068 of 2006; Civil Suits No. 0078 of 2006) [2009] UGHC 255 · High Court

About this Act

Full text of the Act

Part I

1. Purpose of Act Judicial treatment · 0 cases

2. Interpretation Judicial treatment · 0 cases

3. Ownership of wildlife Judicial treatment · 0 cases

Part II

4. Role of Ministry Judicial treatment · 0 cases

5. Uganda Wildlife Authority Judicial treatment · 0 cases

6. Functions of Authority Judicial treatment · 0 cases

7. Delegation and coordination of functions and duties Judicial treatment · 3 cases

8. The Board Judicial treatment · 3 cases

9. Functions of Board Judicial treatment · 0 cases

10. Composition of Board Judicial treatment · 0 cases

11. Remuneration of Board Judicial treatment · 0 cases

12. Tenure Judicial treatment · 0 cases

13. Termination of appointment Judicial treatment · 0 cases

14. Filling of vacancy on Board Judicial treatment · 0 cases

15. Committees of Board Judicial treatment · 0 cases

16. Meetings of Board Judicial treatment · 0 cases

17. Executive Director Judicial treatment · 0 cases

18. Other staff of Authority Judicial treatment · 0 cases

19. Honorary wildlife officer Judicial treatment · 0 cases

20. Community wildlife committee Judicial treatment · 0 cases

Part III

21. Management plans Judicial treatment · 0 cases

22. Commercial arrangement to manage conservation areas and species Judicial treatment · 0 cases

23. Environmental impact assessment Judicial treatment · 0 cases

24. Environmental audit and monitoring Judicial treatment · 0 cases

Part IV

25. Procedure for declaration of wildlife conservation area Judicial treatment · 0 cases

26. Description of wildlife conservation area Judicial treatment · 0 cases

27. Purpose of wildlife protected area Judicial treatment · 0 cases

28. Temporary management measures Judicial treatment · 0 cases

29. General offences in wildlife conservation areas Judicial treatment · 0 cases

30. Entering wildlife protected area without permission Judicial treatment · 0 cases

31. Use of wildlife resources Judicial treatment · 0 cases

32. Historic rights of communities around conservation areas Judicial treatment · 0 cases

33. Regulations governing wildlife conservation areas Judicial treatment · 0 cases

Part V

34. Declaration of protected species Judicial treatment · 0 cases

Part VI

35. Classes of wildlife use rights Judicial treatment · 0 cases

36. Prohibition of utilisation of wildlife without wildlife use right Judicial treatment · 0 cases

37. Application for grant of wildlife use right Judicial treatment · 0 cases

38. Consideration of application for wildlife use right Judicial treatment · 0 cases

39. Compliance with terms of wildlife use right Judicial treatment · 0 cases

40. Service of compliance notice Judicial treatment · 0 cases

41. Reconsideration of compliance notice Judicial treatment · 0 cases

42. Activity by Authority on compliance notice Judicial treatment · 0 cases

43. Stop notice Judicial treatment · 0 cases

44. Variation of wildlife use right Judicial treatment · 0 cases

45. Revocation of wildlife use right Judicial treatment · 0 cases

46. Surrender of wildlife use right Judicial treatment · 0 cases

47. Transferability of wildlife use rights Judicial treatment · 0 cases

48. Permitted transfer Judicial treatment · 0 cases

49. Market transfer Judicial treatment · 0 cases

50. Management of wildlife use right Judicial treatment · 0 cases

Part VII

51. Professional hunters and trappers Judicial treatment · 0 cases

52. Prohibitions under this Part Judicial treatment · 0 cases

53. Suspension or cancellation of licence Judicial treatment · 0 cases

Part VIII

54. Declaration of vermin Judicial treatment · 0 cases

55. Hunting of vermin Judicial treatment · 0 cases

56. Attempted killing or killing wild animal Judicial treatment · 0 cases

57. Ownership of carcass Judicial treatment · 0 cases

58. Report of damage by wild animal Judicial treatment · 0 cases

59. Accidental killing of wild animal Judicial treatment · 0 cases

60. Wounded wild animal Judicial treatment · 0 cases

61. Wounded dangerous animal Judicial treatment · 0 cases

Part IX

62. Import, export or re-export permit Judicial treatment · 0 cases

63. Additional restriction on import, export, transit or re-export of specimen Judicial treatment · 0 cases

Part X

64. Wildlife Fund Judicial treatment · 0 cases

65. Administration of Fund Judicial treatment · 0 cases

66. Duty to operate on sound financial principles, investment and borrowing powers Judicial treatment · 0 cases

67. Budget of Authority Judicial treatment · 0 cases

68. Accounts of Fund Judicial treatment · 0 cases

Purpose of Act

Interpretation

Ownership of wildlife

Role of Ministry

Uganda Wildlife Authority

Functions of Authority

Delegation and coordination of functions and duties

The Board

Functions of Board

Composition of Board

Remuneration of Board

Tenure

Termination of appointment

Filling of vacancy on Board

Committees of Board

Meetings of Board

Executive Director

Other staff of Authority

Honorary wildlife officer

Community wildlife committee

Management plans

Commercial arrangement to manage conservation areas and species

Environmental impact assessment

Environmental audit and monitoring

Procedure for declaration of wildlife conservation area

Description of wildlife conservation area

Purpose of wildlife protected area

Temporary management measures

General offences in wildlife conservation areas

Entering wildlife protected area without permission

Use of wildlife resources

Historic rights of communities around conservation areas

Regulations governing wildlife conservation areas

Declaration of protected species

Classes of wildlife use rights

Prohibition of utilisation of wildlife without wildlife use right

Application for grant of wildlife use right

Consideration of application for wildlife use right

Compliance with terms of wildlife use right

Service of compliance notice

Reconsideration of compliance notice

Activity by Authority on compliance notice

Stop notice

Variation of wildlife use right

Revocation of wildlife use right

Surrender of wildlife use right

Transferability of wildlife use rights

Permitted transfer

Market transfer

Management of wildlife use right

Professional hunters and trappers

Prohibitions under this Part

Suspension or cancellation of licence

Declaration of vermin

Hunting of vermin

Attempted killing or killing wild animal

Ownership of carcass

Report of damage by wild animal

Accidental killing of wild animal

Wounded wild animal

Wounded dangerous animal

Import, export or re-export permit

Additional restriction on import, export, transit or re-export of specimen

Wildlife Fund

Administration of Fund

Duty to operate on sound financial principles, investment and borrowing powers

Budget of Authority

Accounts of Fund

Financial year

General penalty

Offences relating to protected species

Destruction and obliteration of devices

Forfeiture as an additional penalty

Conditional order of forfeiture

Seized good may be subject to forfeiture order

Forfeiture of profits from illegal trade

Revocation of licence, permit or certificate

Disposal of specimen by Executive Director

Money from sale of specimen or article

Specimen, domestic animal or article to be held by Executive Director