AQUATIC WEEDS (CONTROL): SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Boat (Import, Registration and Movement) Regulations

Declaration of Infested Waters Order

DECLARATION OF INFESTED WATERS ORDER

(section 6)

(24th October, 1986)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

   1.   Citation

   2.   Declaration of infested waters

      Schedule

S.I. 92, 1986,
S.I. 57, 1987.

1.   Citation

   This Order may be cited as the Declaration of Infested Waters Order.

2.   Declaration of infested waters

   The area of any surface waters, any river or lake specified in the Schedule hereto is declared to be infested with aquatic weeds.

SCHEDULE

   1. The entire Kwando, Linyanti and Chobe river systems between the point where-

   (a)   the Kwando river intersects the parallel of southern latitude of 18°00´00" at the Caprivi Zipfel; and

   (b)   the Chobe river is connected to the Zambezi river at the junction of the international boundary with Zimbabwe, Zambia and Caprivi Zipfel and including all flood plains that may be perenially and seasonally inundated by waters of these rivers.

   2. The area of the terminal section of the Selinda Spillway (or Magweeqana) and the headwater of the Savuti river that may be inundated jointly or separately by the water of the Kwando or Linyanti rivers or separately by the water of the Kwando or Linyanti rivers or the Selinda Spillway but excluding (a) that area of the Selinda Spillway lying to the west of where it intersects the meridian of eastern longitude of 23°25´00" and (b) that area of the Savuti river lying to the east of where it intersects the Meridian of eastern longitude of 23°32´45".

   3. The area which is contained wholly within the Moremi Wildlife Reserve, and which is limited by a boundary running through the following points as will more fully appear on deposited Copy Plan BD-243a filed in the Department of Surveys and Lands, Gaborone:

   Commencing at point "U" in the middle of the outlet channel of Xobega lediba at approximately latitude 10°11´5" south and longitude 23°12´20" east; thence in an easterly direction on a bearing of 290° for 7.1 km. to the Point "V" in the middle of the outlet channel of Xhamu lediba where it passes close to the northern end of Mboma Island at approximately latitude 19°11´40" south and longitude 23°16´20" east; thence in a south-easterly direction on a bearing of 303° for 46,9 km to a point "W" where the latitude 19°25´40" intersects the boundary of the Moremi Wildlife Reserve between the points "O" and "P", "Q" and "R" as are more fully described in the Moremi Widlife Reserve (Amendment) Declaration, 1976; thence on a bearing of 154° for approximately 27.8 km to the point of commencement, namely, "U". Bearings are true bearings originating from south.

BOAT (IMPORT, REGISTRATION AND MOVEMENT) REGULATIONS

(section 7)

(1st October, 1986)

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Interpretation

   3.   Requirement of boat registration

   4.   Procedure for boat registration

   5.   Certificate of registration

   6.   Period during which registration must be effected

   7.   Reference marks

   8.   Destruction or loss of a registered boat

   9.   Change of ownership

   10.   Interzonal transfer

   11.   Duplicate certificate of registration

   12.   Prohibition of interzonal movement without a permit

   13.   Procedure for obtaining interzonal movement permit

   14.   Import permit

   15.   Procedure for obtaining import permit

   16.   Ports of entry

   17.   Exemption of boats and aquatic apparatus in transit

   18.   Inspection

   19.   Restriction as to operation of boats

   20.   Offences

   21.   Penalties

   22.   Appeals

      First Schedule

      Second Schedule

      Third Schedule - Register of Boat Registration

      Fourth Schedule

      Fifth Schedule

      Sixth Schedule

      Seventh Schedule

      Eighth Schedule - Special Categories of Owners or Users

      Ninth Schedule - Specifications for Reference Marks

      Tenth Schedule - Scale of Fees

S.I. 93, 1986,
S.I. 58, 1987,
S.I. 44, 1998,
S.I. 29, 2007.

1.   Citation

   These Regulations may be cited as the Boat (Import, Registration and Movement) Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "application for boat registration and import permit form" means the form set out in the Fifth Schedule hereto;

   "application for boat registration form" means either the form set out in the First Schedule hereto or the relevant part of the application for boat registration and import permit form set out in the Fifth Schedule;

   "aquatic apparatus" includes boat trailers, outboard motors, (if detached), fishing nets, gill nets, keep nets, fishing bags, oars, sails, masts and rigging but does not include fishing rods and lines;

   "boat" includes any vessel or craft as defined in the Act, but excludes "mokoro" as defined in these Regulations and flying boats, helicopters, microlight, ultralight and any other aircraft fitted with water skis or otherwise adapted to float on water surfaces;

   "certificate of registration form" means the form set out in the Second Schedule hereto;

   "import permit" means a permit in the form set out in the Sixth Schedule hereto;

   "inspecting officer" means a public officer or an employee of the Water Utilities Corporation or of a District Council or City or Town Council to whom the Minister has, in writing either generally or specifically, assigned duties under these Regulations;

   "interzonal movement permit" means a permit in the form set out in the Seventh Schedule hereto;

   "mokoro" means a canoe built from the trunk of any tree;

   "operate", in relation to a boat or aquatic apparatus, means to use or drive, or cause or permit to be used or driven, or permit to be in or on any surface waters whether the person operating is present in person or not;

   "owner", in relation to a boat or aquatic apparatus, includes the owner, joint owner or part owner of a boat or aquatic apparatus, and any person who has lawful use of such boat or aquatic apparatus;

   "police officer" means any member of the Botswana Police Force;

   "prescribed" means prescribed by or under any regulation made herein or elsewhere under the Act;

   "register of boat registrations" means a book containing forms as set out in the Third Schedule hereto;

   "registering officer" means a public officer to whom the Minister has in writing, either generally or specifically, assigned duties under these Regulations;

   "treat", in relation to a boat or aquatic apparatus, means to disinfest of aquatic weeds either mechanically, manually or chemically by spraying with herbicide until all parts of such plants are rendered lifeless;

   "zone" means either an area prescribed as such under these Regulations or described in the Fourth Schedule hereto, and the boundaries of which are shown on Plan No. BP 243 deposited with the Director of Surveys and Lands.

3.   Requirement of boat registration

   From the date of the commencement of these Regulations, no boat may be operated on any surface water unless it has been registered as prescribed in these Regulations.

4.   Procedure for boat registration

   (1) The owner of every boat, shall within the period specified in regulation 6, submit to the registering officer of the zone in which such boat is situated an application for boat registration form which shall be completed by the owner to the satisfaction of the registering officer.

   (2) The registering officer shall thereupon assign the boat a set of reference marks consisting of either two or three parts.

   (3) The first part shall be the letter or letters for the zone as set out in the Fourth Schedule.

   (4) The second part of the reference marks shall be a number consisting of three figures.

   (5) The first boat to be registered in any zone shall be assigned the number 001 and each boat to be registered subsequently shall be assigned a number one greater than its immediate predecessor in registration.

   (6) The third part of the set of reference marks shall only be assigned to those special categories of owners or users as set out in the Eighth Schedule.

5.   Certificate of registration

   (1) After assigning of a set of reference marks to a boat the registering officer shall enter in the register of boat registrations such particulars pertaining to the boat as are set out in the Third Schedule and shall complete a certificate of registration which shall be given to the owner.

   (2) Certificates of registration shall be issued free of charge for boats already operating in Botswana on the date of commencement of these Regulations:

   Provided that an application for registration is made within six months from that date.

   (3) The fees payable for the registration of boats operating in the country after the commencement of these Regulations shall be the fees set out in the Tenth Schedule.

   (4) When the ownership of a boat changes or a boat is transferred out of a zone in which it is registered, such boat shall be re-registered by the new owner or in the new zone to which it is transferred.

   (5) Certificates of registration which become invalidated by change of ownership or interzonal transfer shall be surrendered to the registering officer who carried out the re-registration.

6.   Period during which registration must be effected

   The period during which registration must be effected shall be as follows-

   (a)   for boats already situated in Botswana, between the date of commencement of these Regulations and 31st March, 1987;

   (b)   for boats which have to be re-registered as a result of change of ownership, within seven days after the change of ownership has been effected;

   (c)   for boats which have to be re-registered as a result of interzonal transfer, within seven days after their arrival in the zone authorized under the interzonal movement permit issued under these Regulations.

7.   Reference marks

   (1) Within seven days of the issuing of a certificate of registration, the owner of the boat shall cause two sets of reference marks assigned to the boat to be painted or otherwise permanently affixed, one on each side of the prow, or foremost part of the boat as close to the top of the hull and front of the boat as possible.

   (2) The reference marks shall be coloured black, shall be arranged horizontally on a white background and shall conform to the specifications illustrated in the Ninth Schedule.

8.   Destruction or loss of a registered boat

   If any registered boat is broken up, destroyed, irretrievably lost or becomes permanently useless as a boat or is exported from Botswana, the owner shall forthwith give to the registering officer in whose zone the boat is registered notice of its breaking up, destruction, loss, condition or export, as the case may be, and shall deliver to such registering officer the certificate of registration and the registering officer shall thereupon endorse as cancelled the entry of the boat in the register of boat registrations.

9.   Change of ownership

   (1) When a boat has to be re-registered as a result of change of ownership, the new owner may elect to retain the reference marks assigned to the previous owner and shall advise the registering officer accordingly and thereupon the registering officer shall endorse only the change of ownership in the register of boat registrations.

   (2) In the event that the new owner elects to request new reference marks, all details applicable to the boat under the previous owner must be cancelled out of the register of boat registrations.

   (3) Irrespective of the reference marks used as a result of a change of ownership, the new owner shall obtain a fresh certificate of registration and shall surrender the old certificate of registration to the registering officer.

   (4) The option to retain, or not to retain, a boat's old reference marks must be exercised by a new owner at the time of re-registration and will thereafter lapse.

10.   Interzonal transfer

   When a boat has been re-registered as a result of an interzonal transfer, the registering officer carrying out the re-regis

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