1990 – Parks & Wildlife (General) Regulations – S.I. 362 of 1990

PARKS AND WILDLIFE (GENERAL) REGULATIONS STATUTORY INSTRUMENT 362 of 1990.
EXTRACTS ON ACQUISITION, SALE, TRANSFER OR POSSESSION OF
IVORY AND HORN
Appointment of specified officers

76. The persons occupying the posts listed in Part I of the
    Seventh Schedule are hereby appointed as specified officers for the purposes of sections 77,78 and 79.
    Ivory and horn to be registered
    77.
    (1) Any person who-
    (a) acquires or comes into possession of any unregistered raw ivory or horn shall, within fifteen days of such acquisition or coming into possession; or
    (b) imports into Zimbabwe any unregistered raw ivory or. horn shall, within twenty four hours of such importation; produce the ivory or horn· to a specified officer for registration.
    (2) A specified officer shall require evidence that any ivory or horn has been lawfully acquired or imported or is lawfully possessed, as the case may be, by the person seeking to have it registered.
    (3) after satisfying himself as to the matters referred to· in subsection (2), the specified officer shall register the ivory or horn, and shall-
    (a) cause it to be marked with a distinctive mark as provided in Part IT of the Seventh Schedule; and
    (b) issue a certificate of ownership in the form prescribed in the Eighth Schedule.
    (4) The specified officer shall record iri a register such information as may be required of any ivory or horn which he has registered.
    Retention of ivory and horn
77. If evidence required in terms of subsection (2) of section 77 is not produced, the specified officer shall retain the ivory or horn pending the production of such evidence as he may require.
    Disposal of retained ivory and horn
78. (1) If, within six months after the date on which ivory or horn was retained in terms of section 78, the evidence required in terms of subsection (2) of section 77 has not been produced, the ivory or horn concerned shall be registered as a State trophy.
    (2) Where a person is convicted of any offence in respect of ivory or horn, such ivory or horn shall, unless any other person owns or is entitled to possess it, thereupon become a State trophy.
    (3) If no person claims ivory or horn retained in terms of section 78 within one month from the date on which he first becomes entitled to claim it in terms of subsection (2), the ·Director may give notice in the Gazette that, unless the ivory or horn is claimed by a person entitled thereto within a period of two months from the date of publication of the notice, the ivory or horn will be disposed of in terms of subsection (4). .
    (4) If, on the expiry of the period of two months from the date of publication of a notice referred to in· subsection (3). The ivory or horn concerned has not been claimed by a person entitled thereto, it shall become a State trophy.
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    Marking of manufactured ivory .
79. (1) Subject to subsection (5), every holder of an ivory manufacturer’s licence who processes, carves, embellishes or otherwise manufactures ivory to produce an article exceeding two hundred grams in mass of ivory shall engrave upon the article, in such a manner as to form a clear depression below the normal surface of the ivory, the following particulars-
    (a) ·the number of the register in which he has· entered a description of the article concerned; and
    (b) the identifying letters that have been registered in his name in terms of subsection (4).
    (2) No person shall alter, deface or remove any engraving referred to in subsection (1) without the written permission of the Director.
    (3) Every holder of any ivory manufacturer’s licence shall apply to the Director for the registration of his initials or other identifying letters which he wishes to engrave upon ivory in terms of paragraph (b) of subsection (1).
    (4) On receipt of an application in terms of subsection (3);
    the Director- ·
    (a) may refuse to register the identifying letters concerned if in his opinion they are indecent or so similar to any such letters previously registered as to be likely to cause confusion; · · · ·
    (b) in any other case, shall register the identifying letters concerned in a register to be kept by him for the purpose; and shall notify the applicant in· writing accordingly.
    (5) Where, on the 19th December, 1986, a holder. of an ivory manufacturer’s licence was in possession of an ivory article exceeding two hundred grams in mass which he had processed, carved, embellished or otherwise manufactured before he may, instead of engraving the article in the manner prescribed
    in subsection (1) mark the article in indelible ink with the particulars specified in that subsection, in such a manner as will reasonably ensure that the marks cannot be erased
    (6) These regulations shall apply to any article marked in terms of subsection (5), and to the marks thereon as if the article had been engraved in terms of subsection (1).
    Sale or transfer of registered raw ivory
    81 (1) Upon the sale or transfer of–any registered raw ivory, the person disposing of it shall immediately endorse upon the certificate of ownership the name and address of the person to whom the sale or transfer has been effected and shall sign and date such endorsement. ·
    (2) Should any registered raw ivory be lost, stolen, exported, processed, embellished manufactured or destroyed the owner of ivory shall. Within fourteen days return to the Director- the certificate of ownership relating the ivory, together with details of its loss. theft, process, embellishment, manufacture or destruction as the case may be.
    Restriction on acquisition, possession, sale or transfer of unregistered or unmarked ivory.
80. (1) Subject to section 85, no person shall acquire, have in his possession, sell or transfer any raw ivory that , has not been registered unless the raw ivory-
    (a) was lawfully ·taken· from an animal that was lawfully hunted in terms of the Act; or
    (b) was lawfully taken from an animal that died on any land for which that person is the appropriate authority; or
    (c) has been lawfully imported into Zimbabwe; and the period within which that person is required to produce the raw ivory for registration in terms of section 77 has not elapsed.
    (2) Subject to subsection (5) of section 80 and to section· 85, no person shall acquire, have in his possession, sell or transfer any piece of manufactured ivory which exceeds two hundred grams in mass unless such ivory is marked ivory.
    (3) In any prosecution arising out. of a contravention of subsection (1), the burden of proving-
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    (a) any fact referred to in paragraph (a), (b) or (c) of that subsection; and · ·
    (b) that the period referred to in that subsection has not elapsed; shall rest on the accused.
    Sale or manufacture of horn prohibited
81. No person shall purchase, sell, manufacture, process, carve
    or embellish any horn.
    Acquisition, possession or transfer of horn
82. (1) Subject to section 85, no person shall acquire, have in
    his possession or transfer any horn which has not been registered.
    (2) Upon the transfer of any registered horn, the person transferring such horn shall immediately endorse on the certificate of ownership– ·
    (a) the name and address of the person to whom the transfer has been affected; and
    (b) sign and date such endorsement.
    (3) Should any horn be lost, stolen, exported or destroyed, the owner shall, within fourteen days thereof, return to the Director the certificate of ownership, together with details of such loss, theft, export or destruction, as the case may be.
    Exemptions
83. (1) Sections 77, 82 and subsection (1) of section 84 shall not apply ·in respect of the acquisition or possession of ivory or horn by any museum or scientific or educational institution, where such ivory or horn is bona fide acquired or possessed for the purposes of the museum or for scientific or educational purposes.
    (2) Sections 77, 82 and subsection (1) of section 84 shall not apply in relation to the acquisition, possession, sale or transfer of any ivory or horn by any person in the lawful execution of his duties on behalf of the State.
    (3) Section 82 shall not apply in respect of the acquisition or
    possession of- ·
    (a) any unregistered ivory by any person in accordance with an authority granted to him by the Director; or
    (b) any marked ivory that has been lawfully imported into Zimbabwe after being manufactured outside Zimbabwe; or
    (c) any marked ivory that was manufactured prior to the 19th December 1986.
    (4) In any prosecution arising out of a contravention of section 77, 82 or subsection (1) of section 84, the burden of proving that he was entitled to an exemption in terms of this section shall rest on the person claiming such exemption.