KWENENG DISTRICT COUNCIL (NATURAL RESOURCES PROTECTION) BYE-LAWS

(sections 44 and 45)

(21st July, 2017)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Removal permit required

    4.    Application for removal permit

    5.    Issuance of removal permit

    6.    Denied application to be laid before council

    7.    Period of validity of removal permit

    8.    Renewal of removal permit

    9.    Removal permit not transferable

    10.    Exceptions

    11.    Offences and penalties

        Schedule

S.I. 80, 2017.

1.    Citation

    These Bye-Laws may be cited as the Kweneng District Council (Natural Resources Protection) Bye-laws.

2.    Interpretation

    In these Bye-laws, unless the context otherwise requires—

    "council" means the Kweneng District Council;

    "council area" means the area under the jurisdiction of the Kweneng District Council;

    "firewood" includes any tree or bush, or a part of a tree or bush or a tree-pole, charcoal, or any solid natural substance commonly used as fuel;

    "natural resource" includes firewood, gravel, sand, soil, stones, thatching grass, veld product and river reeds;

    "removal permit" means a permit issued in accordance with bye-law 5(1); and

    "veld product" means any plant, root, fruit or tuber used for consumption by humans or domestic animals or for medicinal or veterinary purposes.

3.    Removal permit required

    A person shall not remove any natural resource from the council area for any purpose, except in accordance with the terms and conditions of a removal permit.

4.    Application for removal permit

    (1) A person who wishes to remove any natural resource from the council area shall make an application to the Council Secretary in accordance with Form 1 set out in the Schedule.

    (2) The application referred to in subbye-law (1) shall specify—

    (a)    the type and quantity of the natural resource that the applicant wishes to remove;

    (b)    whether or not the applicant is resident in the council area, and whether or not the natural resource is for use within the council area; and

    (c)    the purpose for which the natural resource is required.

    (3) An application under this bye-law shall be in respect of one type of natural resource and a person may apply for different types of natural resources at the same time.

5.    Issuance of removal permit

    (1) The Council Secretary may, where satisfied that the requirements for these Bye-laws are met, and on payment of a fee determined by the council, with the approval of the Minister, issue a removal permit in Form 2 set out in the Schedule.

    (2) The fee to be paid for a removal permit under subbye-law (1) shall be determined in respect of—

    (a)    different types of natural resources;

    (b)    whether the natural resource is to be used within or outside the council area;

    (c)    whether the natural resource is for the applicant’s personal use or whether the applicant has been instructed by another person to apply for the removal permit;

    (d)    whether the natural resource is for domestic or commercial purposes; and

    (e)    the quantity of the natural resource.

    (3) The Council Secretary shall not issue a removal permit—

    (a)    in respect of any natural resource where the natural resource is to be used outside Botswana; or

    (b)    where the applicant intends to remove firewood of a quantity in excess of five tons, or any quantity of natural resource which is in excess of what is reasonably required for the purpose stated in the application.

6.    Denied application to be laid before council