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Law: Summaries of Legislation, Vocabulary & Notes

Law: Summaries Of Legislation, Vocabulary & Notes

Many people have difficulty studying pages of heavy-duty, repetitive legal language in the relevant legislation. This 110 page booklet summarises all the legislation and without any of the sections that are not specified in the syllabus.

This booklet provides summaries of the material relevant to the Hunters and Guides Law examinations in a number of different ways:

  1. The syllabus for the Law section
  2. A minimum list of the legislation referred to in the syllabus
  3. Legislation with content summary (a quick reference guide to what sort of material you will find in each piece of legislation),
  4. Vocabulary – Definitions & summary facts/answers
  5. Extended Summaries of the Content of Legislation
  6. General Notes on National Parks and Wildlife Management Authority – Board, constitution, structure, vision, Estate, types of area, etc.
  7. Topics for often-asked law questions
  8. Notes on some particularly tricky examination questions
  9. Index , to find your way around the whole booklet

Below you will find samples of each type of material:

1. Syllabus

5. HUNTING, REMOVAL, VIEWING & SALE OF ANIMALS & ANIMAL PRODUCTS

  • Control of hunting, removal and sale of live animals and animal products,
  • Prohibition or restriction of hunting and removal of animals in defined areas by the Minister.
  • Killing or injuring of animals in self defence
  • Destruction of dogs
  • Report of killing of animals or injury of animals other than dangerous animals
  • Control of Safaris
  • Professional Hunter’s & Guide’s Licences
  • Learner Professional Hunter’s Licence
  • Powers of a lawful hunter over other hunters

2. Minimum List of Legislation as recommended in the syllabus

Number /ChapterOf YearTitle
S.I.3621990Parks & Wild Life (General) Regulations, 1990 (No. 2)
S.I.1141993Parks and Wild Life (General) (Amendment) Regulations^1993
Chp 20:141996PARKS & WILD LIFE MANAGEMENT ACT
Chp.20:211996TRAPPING OF ANIMALS (CONTROL) ACT
Chp. 14:201996TOURISM ACT
Chp. 10:091996FIREARMS ACT
S.I.1061996Tourism (Designated Tourist Facilities) (Declaration & Requirements for Registration) Regulations, 1996 – amending Tourism Act
S.I.1071996Tourism (Designated Tourist Facilities) (General) Regulations, 1996
S.I.261998Parks & Wild Life (General) (Amendment) Regulations, 1998 (No. 2)
S.I.481998Tourism (Designated Tourist Facilities) (Declaration & Registration) Regulations, 1998 (No.1) – amending Tourism Act
S.I.761998Parks & Wild Life (Import & Export) (Wild Life) Regulations, 1998
S.I.111999Parks & Wild Life (General) (Amendment) Regulations, 1999 (No. 3) (re. Bow-hunting)
Chp.14:201999FOREST ACT
Chp. 20:151999PROTECTION OF WILD LIFE (INDEMNITY) ACT
S.I.862010Parks & Wild Life
S.I.792015Parks & Wild Life Management Authority (Tariff of Fees) By-laws

3. Limited Content Summary

For example:
Number /ChapterYearTitleTopic(s)
3621990PARKS & WILD LIFE (GENERAL) REGULATIONS, 1990 (NO. 2)Part II – Entry into Parks, Roads, Prohibitions, Fires, hours, facilities Wild vs Wilderness vs Refuge areasHunting in P & W L Estate – prohibitions, prescribed methods, mercy-killing, self-defence, hunting permits, pool areas, returns, collection of specimensFishingSailingPollution of watersLeased areasPowers of Director and Officers Part III – Specially Protected Indigenous Plants Part IV – Hunting, removal, viewing, sale of animals Weapons for huntingProf. Hunters/GuidesBreeding reptiles/amphibiansTrophy Dealers Part V – Honorary officers Part VI – Fees, reservation of facilities, applications for permits Part VII – General, State Trophies, Badge of department, 1st Schedule – parts of NP&WL where permission is needed 2nd Schedule – plants of which records are to be kept 3rd Schedule – animals to be hunted with specified weapons 4th Schedule – Register of hunting safaris for non-residents Various other schedules
S.I.1141993Parks and Wild Life (General) (Amendment) RegulationsProfessional Hunters & Guides, hunting permits & necessary documentation; live wild life selling, etc
Chp 20:141996PARKS & WILD LIFE MANAGEMENT ACTPart II  – Parks & Wild Life Board
Part III – Parks & WildLife Estate & Parks & Wild Life Land Part IV – National Parks Part V – Botanical Reserves & Botanical Gardens
Part VI – Sanctuaries
Part VII – Safari Areas Part III – Recreational Parks Part IX – Specially Protected Animals
Chp.20:211996TRAPPING OF ANIMALS (CONTROL) ACTRegulations re permitted & prohibited traps, in 3 Classes

4. Vocabulary – Definitions & summary facts/answers

Law1996, NP&WLAct, (Rev), 20:14 Director  Director of National Parks & Wild Life Management appointed in terms of this Act
Law1998, NP&WL, Import/ExportDirector of CustomsDirector of Customs & Excise referred to in  Section 3 of the Customs & Excise Act [Chapter 23:03];
Law1996, NP&WLAct, (Rev), 20:14DNPWLMDepartment of Parks & Wildlife Management
Law1996, Trapping of Animals (Control), Chp 20.21Domestic animals in Parks, responsibility for costs of captureCourts may order payment of compensation for trapping of domestic animal to the owner of the animal, in addition to penalty for offence
Law1996, Tourism Act, 14:20Domestic excursionist or touristPerson whose usual place of residence is in Zimbabwe and who visits or travels to any part of Zimbabwe for the purpose of tourism or an excursion
Law1990, S.I. 362Domesticated animalAny live domestic or dome­sticated vertebrate animal other than a fish
Law1999, Parks & Wildlife (General) (Amendment) Regulations, (No.3)Draw weightMinimum weight required to draw a bow string through its peak weight
Law1990, S.I. 362  DustAny residue of ivory resulting from the manufacture, processing, carving or embellishment of such ivory, which weighs less than 30gms
Law1990, S.I. 362Entry-pointA place appointed by the Director & designated by notice erected at such place as a point at which persons may enter a part of the Parks & Wild Life Estate or an area of the Parks & Wild Life Estate
Law1996, Tourism Act, 14:20Excursionist  A visitor who does not spend one or more nights in Zimbabwe
Law1998, NP&WL, Import/ExportExport permit – length of validity6 months
Law1998, NP&WL, Import/ExportExporting trophies – certificates neededOpen general permit OR transit permit OR re-import permit AND if CITES Appendix 1 – needs import permit from country it is going to. With Certificate of Origin.
Law1996, S.I. 106FarmhouseA house located on a working farm which provides tourist accommodation & catering for a fee
Law1996, Firearms Act, 10:09FirearmAny lethal barrelled weapon of any description from which any shot, bullet or any other missile can be discharged (or which can be adapted for the discharge of any such shot) including any essential component part of any such weapon but does not include any signalling apparatus, other than a Verey Pistol
Law1996, Firearms Act, 10:09Firearm certificatea firearm certificate granted under Section Six of this Act
Law1996, Firearms Act, 10:09Firearms actChapter 10:09, l996
Law1996, Firearms Act, 10:09Firearms dealera person who by way of trade or business sells, transfers, repairs, tests or proves firearms or ammunition
Law1999, Forest Act, Chapter 19:05Fireguarda strip of land, whether under trees or not, which has been cleared of inflammable matter

5. Extended Summaries of the Content of Legislation

6. General Notes on National Parks and Wildlife Management Authority

Vision      “To be the world leader in sustainable conservation”

Mission Statement (minimum)

To conserve Zimbabwe’s wildlife heritage through effective, efficient and sustainable utilisation of natural resources for the benefit of present and future generations and stakeholders.

Mission Statement (expanded)

To protect, manage and conserve Zimbabwe’s wildlife heritage and in doing so ensure earning of a reasonable return to re-invest in skills and equipment to provide opportunities for Zimbabweans and their visitors to enjoy, appreciate and sustainably utilize the wildlife heritage for the benefit of this and future generations

7. Topics for often-asked questions

Control of fires

  • Fires to be lit only in designated places
  • No burning object to be discarded

Maximum period continuously in the Park – 3 weeks

18. Prohibited methods of hunting

Using:

  • Sound equipment to lure/attract animals
  • Aircraft
  • Fire to surround animal
  • By night/using a dazzling light
  • Within 400 metres of a prescribed road or designated area
  • Shot from a vehicle, vessel or using a vehicle/vessel to disturb/chase

NB It is also unethical* to:

  • Shoot animals that are drinking or at a feeding station,
  • Shoot caged/trapped animals,
  • Shoot animals that are visibly pregnant or with young,
  • Hunt using inhumane/ineffective equipment,
  • Over-hunt game in areas where game is scarce,
  • Mislead clients as to the availability of game,
  • Submit incorrect trophy measurements,
  • Mishandle/behave inappropriately with firearms,
  • Hunt where this will be offensive to tourists,
  • Not to make every effort to follow & finish off a wounded animal

8. Notes on some tricky examination questions

QUESTION: “A hunter shot an animal under the impression it was male. He then discovered that his shot had destroyed the distinguishing features of sex and he cannot tell the gender of the animal. What does the law presume in such a scenario if the hunting of the female is unlawful while the hunting of the male is lawful?”

QUESTION: “Your permit authorizes you to hunt a male buffalo. Unfortunately your client shoots and kills a female buffalo. What are the legal implications?”

ANSWER: The hunter must acknowledge that they have shot the wrong animal in Qu. 2, and they do not know in Qu.1. They have to report this to NP – (24 hours for Dangerous Animal/week for non-Dangerous Animal) and have to hand over the trophy (all parts of the animal) – it becomes a State trophy. The hunter will probably also have to pay a fine.

9. Index

  • R
  • RAW IVORY, 42, 81
  • RECREATIONAL PARKS, 3, 60
  • RECREATIONAL PARKS, 5TH SCHEDULE, 86
  • RECREATIONAL PARKS, DUTIES OF MINISTER, 61
  • RECREATIONAL PARKS, FIFTH SCHEDULE, LIST OF, 86
  • RECREATIONAL PARKS, POWERS OF MINISTER, 61
  • REFUGE AREAS, 34
  • REFUSE, 21, 33
  • REFUSE FIREARM CERTIFICATE, 55
  • REGATTAS, 37
  • REGISTER OF HUNTING SAFARIS, 41
  • REGISTER OF HUNTING SAFARIS FOR NON-RESIDENT CLIENTS, 46
  • REGULATION OF TRADE IN FOREST PRODUCE, 79
  • REMOVAL, 38
  • REPORT OF INJURY OF DANGEROUS ANIMALS, 64
  • REPORT OF KILLING/INJURY OF NON-DANGEROUS ANIMALS OR INJURY OF ANIMALS OTHER THAN DANGEROUS ANIMALS., 64
  • REPTILE, SPECIALLY PROTECTED, 61
  • REPTILES, 41
  • RESERVED AND PROTECTED TREES, 78
  • RESTRICTIONS ON FISHING-GEAR, 36
  • ROADS, 33

Paddy Pacey

Teacher, Lecturer, Author, Facilitator, Safari Guide

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