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UGANDA WILDLIFE ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Interpretation.

   2.   Purposes of the Act.

   3.   Ownership of wildlife.

PART II
INSTITUTIONAL ARRANGEMENTS.

   4.   Establishment of the authority.

   5.   Functions of the authority.

   6.   Delegation and coordination of functions and duties.

   7.   The board.

   8.   Functions of the board.

   9.   The executive director.

   10.   Other staff of the authority.

   11.   Honorary wildlife officers.

   12.   Local government wildlife committees.

PART III
GENERAL MANAGEMENT MEASURES.

   13.   Management plans.

   14.   Commercial arrangements to manage conservation areas.

   15.   Environmental impact assessment.

   16.   Environmental audits and monitoring.

PART IV
WILDLIFE CONSERVATION AREAS.

   17.   Procedure for the declaration of wildlife conservation areas.

   18.   Description of wildlife conservation areas.

   19.   Purposes of wildlife conservation areas.

   20.   Temporary management measures.

   21.   General offences in wildlife conservation areas.

   22.   Entering wildlife protected areas without authority.

   23.   Use of resources in wildlife protected areas.

   24.   Authority to carry out an otherwise unlawful act in a wildlife conservation area.

   25.   Historic rights of individuals in conservation areas.

   26.   Regulations governing wildlife conservation areas.

PART V
PROTECTED SPECIES.

   27.   Declaration of protected species.

   28.   Other plants and animals.

PART VI
WILDLIFE USE RIGHTS.

   29.   Types of wildlife use rights.

   30.   Prohibition of utilisation of wildlife without a wildlife use right.

   31.   Application for the grant of a wildlife use right.

   32.   Consideration of an application for a wildlife use right.

   33.   Compliance.

   34.   Service of a compliance notice.

   35.   Reconsideration of a compliance notice.

   36.   Activity by the authority on compliance notices.

   37.   Stop notices.

   38.   Variation of a wildlife use right.

   39.   Revocation of a wildlife use right.

   40.   Surrender of a wildlife use right.

   41.   Transferability of wildlife use rights.

   42.   Permitted transfer.

   43.   Market transfer.

   44.   Management of a wildlife use right.

PART VII
PROFESSIONAL HUNTERS AND TRAPPERS.

   45.   Professional hunters and trappers.

   46.   Prohibition of persons who are not licensed under this Part regarding certain acts.

   47.   Suspension or cancellation of a licence.

   48.   Restrictions on a licensee under this Part.

PART VIII
METHODS OF HUNTING AND TAKING; RESPONSIBILITIES OF HUNTERS.

   49.   Prohibitions against acts affecting protected species.

   50.   Prohibition on the use of fire.

   51.   Prohibition of hunting of dependent young.

   52.   Regulation of weapons used in hunting.

   53.   Prohibition of hunting after darkness.

   54.   Prohibition of use of motor vehicles, aircraft and other equipment.

   55.   Regulations on the use of domestic animals as an aid.

   56.   Regulations on the use of baits, devices, etc.

PART IX
MANAGEMENT OF PROBLEM ANIMALS.

   57.   Declaration of vermin.

   58.   Hunting of vermin.

   59.   Killing a protected animal in self-defence.

   60.   Ownership of a carcass.

   61.   Reports of damage by protected animals.

   62.   Accidental killing of a protected animal.

   63.   Wounded protected animals.

   64.   Wounded dangerous animals.

PART X
INTERNATIONAL TRADE IN SPECIES AND SPECIMENS.

   65.   Import, export or re-export permits.

   66.   Importation, exportation and re-exportation to comply with customs laws.

   67.   Additional restrictions on imports, exports, transit or re-exports of specimen.

PART XI
THE WILDLIFE FUND.

   68.   Establishment of the fund.

   69.   Administration of the fund.

   70.   Duty to operate on sound financial principles; investment and borrowing powers.

   71.   Budget of the authority.

   72.   Accounts of the fund.

   73.   Financial year.

PART XII
PENALTIES, FORFEITURES AND OTHER LEGAL PROCEEDINGS.

   74.   General penalty.

   75.   Offences relating to protected species.

   76.   Offences relating to import, export or re-export of specimen of protected species.

   77.   Offences relating to devices.

   78.   Forfeiture as an additional penalty.

   79.   Conditional order of forfeiture.

   80.   Seized goods may be subject to forfeiture order.

   81.   Forfeiture of profits from illegal trade.

   82.   Surrender of licence, permit or certificate in the event of conviction.

   83.   Disposal of specimens by the executive director.

   84.   Money from sale of specimens or articles to be paid to the fund.

   85.   Specimens or articles to be held by the executive director.

PART XIII
APPEALS.

   86.   Appeals under this Act.

   87.   The wildlife appeal tribunal.

   88.   Hearings by the tribunal.

PART XIV
MISCELLANEOUS.

   89.   General indemnity.

   90.   Conventions and treaties on wildlife management.

   91.   Regulations.

   92.   Controlled hunting areas.

   93.   Amendment of Schedules to the Game (Preservation and Control) Act.

   94.   Management of crocodiles.

 

      Schedule   Composition and proceedings of the board.

 

CHAPTER 200
UGANDA WILDLIFE ACT.

Commencement: 1 August, 1996.

   An Act to provide for sustainable management of wildlife; to consolidate the law relating to wildlife management; to establish a coordinating, monitoring and supervisory body for that purpose and for other matters incidental to or connected with the foregoing.

 

PART I
PRELIMINARY.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "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;

   (b)   "alien species" means any species of a plant or animal whose natural range does not now or did not in the past include a specific part of Uganda or the whole of Uganda;

   (c)   "amend" includes repeal, revoke, rescind, cancel, replace, add to or vary and the doing of any two or more of those things simultaneously or in the same written law;

   (d)   "animal" includes any member of the animal kingdom but excludes human beings;

   (e)   "authority" means the Uganda Wildlife Authority established under section 4;

   (f)   "board" means the board of trustees established under section 7;

   (g)   "community" means an assemblage of human beings living in a defined geographic area and identified by common history, common culture or common residence in that area;

   (h)   "community wildlife area" means an area described as a community wildlife area under section 18;

   (i)   "conservation areas" includes wildlife protected areas and wildlife management areas as provided for under section 18;

   (j)   "dangerous animal" includes the hyena, lion, leopard, hippopotamus, elephant, rhinoceros, buffalo, crocodile, gorilla or any other animal which the board, by notice in the Gazette, determines to be a dangerous animal;

   (k)   "dependent young" means any juvenile animal patently depending on an adult of the same species for sustenance and protection;

   (l)   "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;

   (m)   "domestic animal" means any animal which is sufficiently tame to serve some purpose for the use of human beings, whether or not the use is utilitarian, and includes individual animals which were once tamed or which are in the process of being so tamed;

   (n)   "executive director" means the executive director appointed under section 9;

   (o)   "firearm" has the same meaning as under section 1 of the Firearms Act;

   (p)   "fund" means the Wildlife Fund established under section 68;

   (q)   "hours of darkness" means the period between a half-hour after sunset and a half-hour before sunrise;

   (r)   "hunt" includes the doing of any act immediately directed at killing, wounding, injuring or capturing any animal and the taking or wilful molestation of any nest, lair or other place where dependent young are born, hatched or reared;

   (s)   "in transit" means, in relation to international trade of species of animals or plants or their derivatives, those animals, plants or derivatives which have not reached their country of destination but are temporarily lawfully in Uganda for the purpose of continuing their journey to their final destination;

   (t)   "junior staff" means a person appointed as a junior staff member under section 10;

   (u)   "lead agency" means any Ministry, department, parastatal agency or public officer in which or whom any law vests functions related to the management of wildlife or wildlife conservation areas and, for the avoidance of doubt, includes any local government council established under the Local Governments Act;

   (v)   "national park" means any area of international or national importance which because of its biological diversity, landscape or natural heritage has been described as a national park under section 18;

   (w)   "officer" includes the executive director and any other officer appointed under section 9 or 10 and includes honorary wildlife officers appointed under section 11;

   (x)   "prescribed" means prescribed by statutory instrument made under this Act or continued in operation by this Act or under regulations, standards and guidelines made under this Act;

   (y)   "problem animal" includes any animal which poses a danger to human life or property;

   (z)   "professional hunter" means any person who for reward directly assists any other person in hunting wild animals;

   (aa)   "professional trapper" means any person who captures any wild animal for the purpose of offering it for sale;

   (bb)   "protected species" means any plant or animal declared a protected species under section 27;

   (cc)   "re-export", in relation to specimens, means to export a specimen previously imported into Uganda;

   (dd)   "senior staff" means an officer appointed as a senior staff member under section 10;

   (ee)   "specimen" means any wild plant or animal, alive or dead, whether or not native to Uganda, and any readily recognisable part or derivative of such plant or animal;

   (ff)   "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;

   (gg)   "take" includes—

      (i)   in relation to an animal, drug, catch, capture, trap and kill;

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

   (hh)   "vermin" means any animal declared to be a vermin under section 57;

   (ii)   "wild animal" means any animal which is rerae naturae, but does not include any domestic animal;

   (jj)   "wildlife" means any wild plant or wild animal of a species native to Uganda and includes wild animals which migrate through Uganda;

   (kk)   "wildlife conservation area" includes a national park, wildlife reserve, wildlife sanctuaries, community wildlife areas or any other area provided for under sections 17 and 18;

   (ll)   "wildlife management area" means an area which is provided for under sections 17 and 18 and which area is protected for the sustainable management of wildlife in that area;

   (mm)   "wildlife protected area" includes an area which is provided for as a national park or a wildlife sanctuary under sections 17 and 18;

   (nn)   "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 sections 17 and 18;

   (oo)   "wildlife sanctuary" means any area which is provided for as a wildlife sanctuary under sections 17 and 18 for the purpose of protecting a species of animal or plant or a class of such species;

   (pp)   "wildlife use right" means a right granted to a person, community or organisation to make some extractive utilisation of wildlife in accordance with a grant under Part VI of this Act.

 

2.   Purposes of the Act.

   (1) The purposes of this Act are to promote—

   (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 conservation of selected examples of wildlife communities in Uganda;

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

   (e)   ecologically acceptable control of problem animals;

   (f)   the enhancement of economic and social benefits from wildlife management by establishing wildlife use rights and the promoting of tourism;

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

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

   (i)   public participation in wildlife management.

   (2) For the better achievement of the purposes of this Act, the authority and every other person responsible for the administration of this Act shall ensure that any measures taken or instituted under this Act are based on the results of scientific investigation, insofar as it is economical, including the monitoring of species status and habitat condition, as well as taking into account the views of affected communities.

   (3) This Act shall not be construed as authorising the introduction of alien species of plants or animals into wild habitats within Uganda.

 

3.   Ownership of wildlife.

   (1) The ownership of every wild animal and wild plant existing in its wild habitat in Uganda is vested in the Government on behalf of, and for the benefit of, the people of Uganda.

   (2) Where any 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 any protected species is lawfully taken under a permit or a licence issued or wildlife use right granted or issued 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 right holder.

   (4) If before the commencement of this Act, any wild plant or animal is lawfully vested in any person, that plant or animal shall, subject to this Act, vest or continue to be vested in that person.

   (5) Except in accordance with any licence or wildlife use right, nothing in this section shall be deemed to transfer to any person the ownership of any protected animal found dead or dying, or a protected plant that has been cut down.

   (6) If any person unlawfully takes any protected animal or protected plant in contravention of this Act, the ownership of the animal or plant shall not be transferred to that person.

   (7) 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.

 

PART II
INSTITUTIONAL ARRANGEMENTS.

 

4.   Establishment of the authority.

   (1) There is established a body to be called the Uganda Wildlife Authority.

   (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 corporate bodies may lawfully do or suffer.

   (3) The authority shall be under the general supervision of the Minister.

 

5.   Functions of the authority.

   The functions of the authority are—

   (a)   to ensure the sustainable management of wildlife conservation areas;

   (b)   to develop and recommend policies on wildlife management to the Government;

   (c)   to coordinate the implementation of Government policies in the field of wildlife management;

   (d)   to identify and recommend areas for declaration as wildlife conservation areas and for the revocation of such declaration;

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

   (f)   to establish management plans for wildlife conservation areas and for wildlife populations outside wildlife conservation areas;

   (g)   to establish policies and procedures for the sustainable utilisation of wildlife by and for the benefit of the communities living in proximity to wildlife;

   (h)   to control and monitor industrial and mining developments in wildlife protected areas;

   (i)   to monitor and control problem animals and provide technical advice on the control of vermin;

   (j)   to control internal and external trade in specimens of wildlife;

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

   (l)   to consider reports from district wildlife committees and make necessary comments and decisions;

   (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 such other reports as may be prescribed;

   (q)   to encourage training in wildlife management;

   (r)   to charge fees for such services as it provides and for the licences, rights and other permission that it may grant;

   (s)   to perform such other functions as are specifically provided for in this Act or as may be delegated to it by the Government or by a local government.

 

6.   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 any public officer.

   (2) The authority in the performance of its duties shall coordinate with any lead agencies involved in the field of wildlife management.

   (3) In the exercise by the authority of its functions under section 5, a lead agency shall not be released from performing its duties as prescribed by law.

   (4) 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.

 

7.   The board.

   (1) The governing body of the authority shall be the board of trustees which shall be appointed by the Minister.

   (2) Any member of the board other than the executive director may be removed from office by the Minister for—

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

   (b)   incompetence; or

   (c)   misconduct or misbehaviour.

   (3) The board shall be composed in accordance with and follow the procedure prescribed in the Schedule.

   (4) The Minister may with the prior approval of Parliament signified by its resolution, by statutory instrument, amend the Schedule.

   (5) Subject to this Act, the board may regulate its own proceedings.

 

8.   Functions of the board.

   (1) The board shall be responsible for the discharge of the business and functions of the authority.

   (2) Without prejudice to the generality of subsection (1), the board shall—

   (a)   be the trustee for wildlife and wildlife protected areas in Uganda;

   (b)   examine and recommend proposals for developing wildlife policy;

   (c)   review and approve management and strategic plans;

   (d)   recommend the declaration of wildlife conservation areas and the revocation of such declaration;

   (e)   make byelaws for the management of wildlife and wildlife conservation;

   (f)   solicit and receive grants, gifts, donations, fees, 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 of wildlife and public participation in management; and

   (i)   review and approve annual plans, budgets, reports and audited financial statements.

   (3) The board may appoint a technical committee to advise it on subjects 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).

 

9.   The 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 of strategic plans to guide the authority in achieving its objectives;

   (b)   the development of management plans for conservation areas or for species and classes of species of wildlife populations;

   (c)   the development of economic, efficient and cost-effective internal management structures and processes;

   (d)   any other function the board may assign.

   (4) The executive director shall, where so directed by the board, delegate any of the functions vested in him or her by this Act or any other law to such of his or her senior officers as will enable the functions of the authority to be discharged in accordance with the principles set out in 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 be a member of the board.

   (8) The executive director shall serve for a period of five years and shall be eligible for reappointment.

   (9) 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

   (c)   he or she dies.

 

10.   Other staff of the authority.

   (1) The board shall appoint the senior staff of the authority.

   (2) The executive director shall, subject to section 9(4), appoint the junior staff of the authority.

   (3) The board, on the advice of the executive director, shall from time to time establish or review staff positions and determine their terms and conditions of service.

   (4) Where the terms and conditions of service of the staff member as determined under subsection (3) authorise him or her to possess firearms in the course of his or her duties, the member of the 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.

   (5) 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.

   (6) The staff positions to which subsection (4) applies shall, on being established, be notified by notice in the Gazette.

 

11.   Honorary wildlife officers.

   (1) The board may, on the advice of the executive director, appoint honorary wildlife officers 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 such area or function as the board may determine and shall be notified by notice in the Gazette.

 

12.   Local government wildlife committees.

   (1) A local government council may, on such terms and conditions as it considers necessary, appoint a committee to advise the authority on the management and utilisation of wildlife within the local jurisdiction.

   (2) A committee appointed by a district council under subsection (1) shall submit an annual report to the board on its activities and other matters relating to wildlife management in its area.

   (3) Any other committee, other than a committee to which subsection (2) applies, shall submit its report through the respective district council.

 

PART III
GENERAL MANAGEMENT MEASURES.

 

13.   Management plans.

   (1) The executive director shall, with the approval of the board, as soon as practicable after the establishment of a wildlife protected area, prepare or cause to be prepared a comprehensive management plan for each wildlife protected area.

   (2) A management plan shall include such information as may be prescribed.

   (3) The executive director shall publish in a daily newspaper and in any other appropriate forms of media a notice of his or her intention to prepare a management plan and invite suggestions from all interested parties of what matters should be in the plan.

   (4) The executive director shall request the district council within whose area the wildlife protected area falls in whole or in part to forward to him or her within a reasonable time, which time shall not be less than 21 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 recei

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