CHAPTER 43:01
INDUSTRIAL DEVELOPMENT

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Licensing Committees

 

   3.   Establishment of licensing committees

 

   4.   Tenure of office of member

 

   5.   Disqualification from appointment as a member

 

   6.   Removal, suspension and vacation from office of member

 

   7.   Filling of vacancies

 

   8.   Remuneration of member

 

 

 

PART III
Powers and Duties of Licensing Committee

 

   9.   Powers and duties of licensing committee

 

 

 

PART IV
Meetings and Proceedings of Licensing Committee

 

   10.   Meetings and proceedings of licensing committee

 

   11.   Secretariat

 

   12.   Functions of Secretariat

 

   13.   Disclosure of interest

 

   14.   Confidentiality

 

   15.   Co-option of advisory personnel

 

 

 

PART V
Licensing

 

   16.   Licence requirements

 

   17.   Issue of licence

 

   18.   General principles affecting issuance of licence

 

   19.   Application for new product or place of manufacture

 

   20.   Duplicate licence

 

   21.   Display of licence

 

   22.   Transfer of licence

 

   23.   Suspension of licence

 

   24.   Revocation of licence

 

 

 

PART VI
Regional Appeals Board

 

   25.   Regional Appeals Board

 

 

 

PART VII
Establishment of the Industrial Licensing Authority

 

   26.   Establishment of Industrial Licensing Authority

 

 

 

PART VIII
Miscellaneous

 

   27.   Certain industries to be reserved for citizens

 

   28.   Minister's powers

 

   29.   Appointment of authorised officers

 

   30.   Compliance with other laws

 

   31.   Duty to provide information and statistics

 

   32.   Offences and penalties

 

   33.   Regulations

 

   34.   Repeal of Cap. 43:01

 

   35.   Transitional provision

 

 

Act 3, 2007,
S.I. 22, 2008.

An Act to re-enact, with amendments, the Industrial Development Act.

[Date of Commencement: 1st April, 2008]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Industrial Development Act.

 

2.   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "application" means an application for a licence, in accordance with section 16, to manufacture any product at any place in Botswana, and includes-

 

   (a)   an application to manufacture a different or additional product;

 

   (b)   an application to manufacture at a different or additional place; and

 

   (c)   an application to transfer a licence to another person;

   "authorised officer" means a public officer appointed by the Minister in terms of section 29 (1);

   "Chairperson" means a Chairperson of a committee;

   "committee" means a licensing committee, a Regional Appeals Board or the Industrial Licensing Authority;

   "council" means a city or town council established under the Townships Act or a district council established under the Local Government (District Councils) Act;

   "Industrial Licensing Authority" means the Industrial Licensing Authority established under section 26;

   "large enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe;

   "licence" means a licence to manufacture, issued under section 17;

   "licensing committee" means a committee established under section 3;

   "manufacture" means to subject physical matter to any process which materially changes it or its packaging in substance, character or appearance and includes the assembly of parts;

   "medium enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe;

   "member" means a member of a committee and includes a chairperson;

   "micro enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe;

   "product" means any article, thing or substance produced by any manufacturing enterprise to which this Act applies, but excludes any immovable structure;

   "Regional Appeals Board" means the Board established under section 25; and

   "small enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe.

   (2) This Act shall apply to any manufacturing enterprise which-

 

   (a)   is either wholly or partly owned by citizens of Botswana and employs, in the aggregate at any given moment anywhere in Botswana, 10 or more persons, including managers, directors, or sales or clerical or other staff;

 

   (b)   any person not being a citizen of Botswana carries on by himself or herself or with others; or

 

   (c)   irrespective of the number of persons employed therein, uses any engine, motor or other appliances providing energy derived from steam, water, sun, wind, electricity, the combustion of fuel or any other source of not less than 20 kilowatts or equivalent power in aggregate.

   (3) Notwithstanding the provisions of subsection (2), the provisions of this Act shall not apply to-

 

   (a)   the Botswana Meat Commission including any individual enterprises undertaken by that Commission;

 

   (b)   any manufacturing enterprise for milling licensed under the Control of Maize Milling Act;

 

   (c)   any co-operative society registered under the provisions of the Co-operative Societies Act;

 

   (d)   any manufacturing enterprise whose premises are licensed in terms of any regulations made under the provisions of the Hides and Skins Export Act;

 

   (e)   any diamond cutting licensed under the Diamond Cutting Act; and

 

   (f)   the Botswana Vaccine Institute.

PART II
Licensing Committees (ss 3-8)

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