AGRICULTURAL RESOURCES CONSERVATION

CHAPTER 35:06
AGRICULTURAL RESOURCES CONSERVATION

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
Agricultural Resources Board

   3.   Establishment of Board

   4.   Composition of Board

   5.   Tenure of office

   6.   Disqualification of members and vacation of office

   7.   Proceedings

   8.   Committees

PART III
Functions and Duties of the Board

   9.   Functions of the Board

   10.   Powers of the Board

   11.   Directions on policy

   12.   Annual report to Minister

   13.   Other reports to Minister

   14.   Notice of investigations and enquiries

   15.   Evidence and witnesses

PART IV
Conservation and Improvement of Agricultural Resources

   16.   Powers of Board to issue orders and make regulations

   17.   Additional powers of the Board

   18.   Construction of works by the Board

   19.   Special provisions regarding the control of livestock

   20.   Conservation and subordinate conservation committees

   21.   Functions of conservation and subordinate conservation committees

   22.   Powers of committees

   23.   Entry upon land

PART V
Appeals

   24.   Appeals to the Minister

   25.   Operation of prohibitions and restrictions pending appeal

   26.   Finality of decision of the Minister

PART VI
General

   27.   Charge upon land

   28.   Regulations

   29.   Penalties

   30.   Saving

Act 39, 1972,
S.I. 88, 1974,
Act 17, 1979.

An Act to make provision for the conservation and improvement of the agricultural resources of Botswana; to establish an Agricultural Resources Board and to define its powers and functions; to provide for conservation committees and subordinate conservation committees and prescribe their functions; and to provide for matters incidental to the foregoing.

[Date of Commencement: 14th June, 1974]

PART I
Preliminary (ss 1-2)

1.   Short title

   This Act may be cited as the Agricultural Resources Conservation Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "agricultural resources" means the following matters in their relation to agriculture-

   (a)   the soils of Botswana;

   (b)   the waters of Botswana;

   (c)   the plant life and vegetation of Botswana and the vegetable products of the soil;

   (d)   the animal life and fauna of Botswana including animals, birds, reptiles, fish and insects;

   (e)   such other things, whether similar to the foregoing or not, as the Minister may, by regulations, declare to be agricultural resources;

   "Board" means the Agricultural Resources Board established by section 3;

   "conservation order" means an order given under section 16(1)(a);

   "conservation regulation" means a regulation made under section 16(1)(b);

   "land board" means a land board established by section 3 of the Tribal Land Act;

   "occupier" means-

   (a)   in the case of land not subject to a lease or right of occupancy, the owner of such land or any person occupying the land on sufference of the owner;

   (b)   in any other case, the person lawfully entitled to occupy the land, including a person occupying the land in accordance with a grant by a land board, a subordinate land board or a subordinate land authority;

   "owner" means-

   (a)   in the case of land registered in the Deeds Registry, the person in the name of whom as owner the land is registered;

   (b)   in the case of state land, the Government;

   (c)   in the case of tribal land, the land board established by the Tribal Land Act in respect of a tribal area within which such land is situated;

   "public officer" means a person holding or acting in an office of emolument in the public service exclusive of all offices referred to in subsections (2) and (3) of section 127 of the Constitution;

   "state land" bears the same meaning as in the State Land Act;

   "stock" includes cattle, horses, donkeys, mules, sheep, goats ostriches, pigs, animals of the family bovidae in captivity, domestic fowls, turkeys, geese, ducks and any other domesticated or captive animal or bird which the Minister may specify by order published in the Gazette;

   "stock control order" means an order issued under section 19(1);

   "stream" means a watercourse of natural origin in which water flows, whether or not such watercourse or any portion thereof is dry for any period and whether or not its conformation has been changed by artificial means;

   "subordinate land authority" means any person who may, in accordance with customary law, grant or confirm the grant of land as an authority subordinate to some other authority, whether or not such grant requires the approval of such other authority or of any other subordinate land authority;

   "subordinate land board" means a subordinate land board established under the provisions of section 19 of the Tribal Land Act;

   "tribal land" means land within-

   (a)   every tribal territory as defined in section 2 of the Bogosi Act;

   (b)   the area defined in Schedule 1 to the Tati Concessions Land Act.

PART II
Agricultural Resources Board (ss 3-8)

3.   Establishment of Board

   (1) There is hereby established a Board to be known as the Agricultural Resources Board.

   (2)   The Board shall be a body corporate capable of suing and being sued in its own name and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.

4.   Composition of Board

   (1) The Board shall consist of a Chairman and nine other members who shall be appointed by the President by notice published in the Gazette.

   (2)   The Board shall co-opt the Chief Game Warden to participate as a member in meetings at which questions affecting game or wild life or affecting any area of land declared to be a game reserve or sanctuary under the Wildlife Conservation and National Parks Act are discussed or considered; and in relation to such questions the Chief Game Warden shall when so co-opted be entitled to vote as if he were a member.

   (3)   The Minister shall appoint a public officer as Secretary of the Board.

5.   Tenure of Office

   (1) Subject to the provisions of this section the members of the Board, excluding any member appointed by the term designating a public office, shall hold office for such period not exceeding three years as may be specified in the notice appointing them, and on the expiration of such period shall be eligible for re-appointment:

   Provided that in appointing members of the Board the President shall specify such periods of appointment that the periods of appointment of not more than one third of the members shall expire in any one year.

   (2) On the expiration of the period for which a member is appointed he shall continue to hold office until his successor has been appointed.

   (3)   If after three months reckoned from such expiration a successor has not been appointed to replace a member whose period of appointment has expired he shall be deemed to have been re-appointed on the expiration of the said period.

   (4)   The Board shall once in every year elect from among its members a Deputy Chairman who shall hold office as such for a period of one year and shall be eligible for re-election.

   (5) Any member who is not a public officer shall be paid out of funds of the Board such remuneration and allowances, if any, as the Minister may prescribe.

6.   Disqualification of members and vacation of office

   (1) No person shall be appointed a member-

   (a)      if he has been declared insolvent or bankrupt under any law in any country and has not been rehabilitated or discharged or has made a composition with his creditors and has not paid his debts in full;

   (b)   if he is, or is becoming, incapacitated by mental or physical illness or infirmity from performing his functions;

   (c)   if he is a member of the National Assembly.

   (2) If the President is satisfied that a member other than a member appointed by the term designating a public office-

   (a)   is subject to any of the disabilities set out in subsection (1);

   (b)   since his appointment has been sentenced to imprisonment without the option of a fine or has been convicted of an offence under this Act or an offence involving dishonesty;

   (c)   has been absent from three consecutive meetings of the Board without the special leave of the Chairman; or

   (d)   is otherwise unable or unfit to discharge the functions of a member,

the President may declare the office of such member to be vacant, and thereupon such office shall become vacant.

   (3) A member other than a member appointed by the term designating a public office may at any time resign his office by one month's notice in writing of his intention to resign given by him to the President.

7.   Proceedings

   (1) Subject to the provisions of this Act, the Board shall conduct its proceedings in such manner as may be directed by the Minister or, in the absence of such direction, in such manner as the Board deems fit.

   (2) The Chairman, or in his absence the Deputy Chairman, or in the absence of both, a member elected by the Board shall preside at all meetings of the Board, and the person presiding at any meeting, if not the Chairman, shall with respect to such meeting or any business transacted thereat have all the powers of, and be deemed to be, the Chairman.

   (3) The Board shall meet not less than four times in a year at such times and places and on such dates as the Chairman m

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