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 (Cap. 40:02) or a district council established under the<CS:"Hidden - Grey - 8_2"> Local Government (District Councils) Act (Cap. 40:01);

    "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 (Cap. 43:05);

    (c)    any co-operative society registered under the provisions of the Co-operative Societies Act (Cap. 42:04);

    (d)    any manufacturing enterprise whose premises are licensed in terms of any regulations made under the provisions of the<CS:"Hidden - Grey - 8_2"> Hides and Skins Export Act (Cap. 49:01);

    (e)    any diamond cutting licensed under the<CS:"Hidden - Grey - 8_2"> Diamond Cutting Act (Cap. 66:04); and

    (f)    the Botswana Vaccine Institute.

PART II
Licensing Committees (ss 3-8)

3.    Establishment of licensing committees

    (1) There is hereby established a licensing committee for each council, the members of which committee shall be appointed by the Minister.