Related documents
- Repeals Uganda Wildlife Act, 1996
Uganda
Uganda Wildlife Act, 2019
Act 17 of 2019
- Published in Uganda Gazette 49 on 27 September 2019
- Assented to on 1 July 2019
- Commenced on 27 September 2019
- [This is the version of this document from 27 September 2019.]
Part I – Preliminary
1. Interpretation
In this Act, unless the context otherwise requires—"aircraft" includes all flying machines, whether or not powered by engines of any sort, whether captive, navigable or free, and whether or not controlled by human agency, and all ground effect machines or hovercraft;"alien species" means species of a plant or animal whose natural range does not or did not include a specific part of Uganda or the whole of Uganda;"animal" includes a member of the animal kingdom but excludes human beings;"Authority" means the Uganda Wildlife Authority continued under section 5;"biodiversity" means the variability among living organisms from all sources including ecosystems, species, genetic diversity and the ecological complexes;"Board" means the Board established under section 8;"CITES" means the Convention on International Trade in Endangered Species of Wild Flora and Fauna;"CITES Management Authority" means an institution of Government designated as such in accordance with CITES;"CITES Scientific Authority" means an institution of Government designated as such in accordance with CITES;"community" means an assemblage of human beings living in a defined geographic area and identified by a common history, a common culture or a common residence in that area;"community wildlife management area" means an area described as a community wildlife management area under section 26(8);"concession" means a right granted to a person, to set up and operate an economic enterprise within a conservation area or any other area of wildlife conservation importance;"conservation" means an activity in which people make conscious efforts to protect the earth’s biological diversity;"conservation area" includes a wildlife protected area and a community wildlife management area or any other area declared to be a wildlife conservation area;"critically endangered" means wildlife that is at high risk of extinction in the wild in Uganda;"currency point" has the value assigned to it in the First Schedule;"dangerous animal" means an animal that has potential to cause injury, death or other hazard to a person, which the Minister in consultation with the Board, by notice in the Gazette, determines to be a dangerous animal;"data deficient" means that data available on a specific wildlife is not enough to make an assessment of risk of extinction of that wildlife;"developer" includes a person who or an institution which carries out any business related to wildlife management or one which has an impact on wildlife management or conservation areas;"domestic animal" means an animal species that is under the direct control of man with no member of its species naturally occurring in the wild;"endangered" means wildlife that is at risk of extinction in the wild in Uganda;"Executive Director" means the Executive Director appointed under section 17;"extinct" means wildlife species which occurred in Uganda but there are no known individuals remaining in Uganda;"extinct in the wild" means wildlife species known only to survive in captivity, or as a naturalised population outside its historic range in Uganda;"extractive utilization" means the physical removal of wildlife or their products from their natural habitats as permitted under the Wildlife Use Rights Regime;"firearm" has the meaning assigned to it under section 1 of the Firearms Act;"Fund" means the Wildlife Fund continued under section 64;"hunt" includes any act directed at capturing, killing, wounding or injuring an animal;"lead agency" means any ministry, department, parastatal or agency of Government in which or whom any law vests functions related to the management of wildlife or wildlife conservation areas and includes any local government council established under the Local Governments Act;"local community" includes persons and households living in a defined geographical area, in close proximity to a wildlife conservation area, and identified by common history, common culture or common residence and include all the residents of a parish which shares a boundary with a wildlife conservation area;"Minister" means the minister responsible for wildlife;"Ministry" means the ministry responsible for wildlife;"national park" means an area of international or national importance which due to its biological diversity, landscape or natural heritage has been described as a national park;"nearly threatened" means wildlife likely to become endangered in the near future;"officer" includes the Executive Director, any other officer appointed under section 18 or an honorary wildlife officer appointed under section 19;"possession" means having ownership, custody or control of an item coupled with intention to posses;"problem animal" means any wild animal that poses a threat to human life or property outside protected areas and has been declared as such under this Act;"professional hunter" means a person who for reward directly assists another person in hunting wild animals;"professional trapper" means a person who captures a wild animal for the purpose of offering it for sale;"protected species" means a wild plant or animal found within a wildlife conservation area and includes a wild animal outside a wildlife conservation area which is not declared vermin;"quota" means an allocated quantity of a wildlife specimen;"re-export" means to export a specimen previously imported into Uganda;"species" means a population of individual organisms capable of mating with one another and producing offspring in a natural setting and that share common and specialized characteristics from others;"specimen" means any wildlife, alive or dead, whether or not native to Uganda, and any part or derivative of such wildlife;"sustainable yield level" means the highest rate of harvesting a specified wildlife population which can be maintained indefinitely without reducing the capacity of the population to continue providing that rate of harvesting;"take" includes—(a)in relation to an animal, drug, catch, capture, trap or kill;(b)in relation to a plant specimen or any part of a plant specimen, pick, gather, cut or uproot;"trap" includes any act directed at capturing any animal and the taking or willful molestation of any nest, lair or other place where the dependent young are born, hatched or reared;"vermin" includes a wild animal that is destructive, annoying or injurious to health and with due regard to its conservation status has been declared as such under section 54;"vulnerable" means wildlife that is at high risk of endangerment in the wild within Uganda;"wild" means untamed;"wild animal" means any non-domestic animal whether living in a natural habitat or in captivity;"wildlife" means any wild plant or animal species or their derivative products that are indigenous, migrated to or introduced in Uganda;"wildlife conservation" means the protection, maintenance, rehabilitation, restoration, enhancement, management and sustainable use of wildlife and their ecosystems;"wildlife conservation area" includes a wildlife protected area or community wildlife management area;"wildlife management area" includes an area which is provided for as a wildlife sanctuary or a community wildlife management area as provided for under sections 26 and 27;"wildlife protected area" includes an area which is provided for as a national park or a wildlife reserve as provided in section 26;"wildlife reserve" means any area of national or local importance which because of its biological diversity, landscape, or natural heritage is provided for as a wildlife reserve under section 26;"wildlife sanctuary" means any area which is provided for as a wildlife sanctuary under section 26 for the purpose of protecting a specie of animals or plants or a class of that specie; and"wildlife use right" means a right granted to a person, community or organization to use wildlife in accordance with this Act.2. Purpose of the Act
3. Ownership of wildlife
Part II – Institutional arrangement
4. Role of the Ministry
5. Continuation of the Authority
6. Functions of the Authority
7. Delegation and coordination of functions and duties
8. The Board
9. Functions of the Board
10. Composition of the Board
11. Remuneration of Board
The Chairperson and members of the Board shall be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance, specify in the instrument of appointment.12. Tenure
13. Termination of appointment
14. Filling of vacancy on the Board
15. Committees of the Board
16. Meetings of the Board
The Board shall, in conducting its meetings, follow the procedure prescribed in the Second Schedule.17. The Executive Director
18. Other staff of the Authority
19. Honorary wildlife officer
20. Community Wildlife Committee
Part III – General management measures
21. Management plans
22. Commercial arrangement to manage conservation areas and species
23. Environmental impact assessment
24. Environmental audit and monitoring
The Authority shall in consultation with the National Environment Management Authority carry out audits and monitoring or cause audits and monitoring of projects that impact on wildlife to be carried out in accordance with the National Environment Act, 2019 and any regulations made under that Act.Part IV – Wildlife conservation areas
25. Procedure for the declaration of wildlife conservation area
26. Description of wildlife conservation area
27. Purpose of wildlife protected area
28. Temporary management measures
29. General offences in wildlife conservation areas
Unless provided for by this Act, a person who in a wildlife conservation area—30. Entering wildlife protected area without permission
31. Use of wildlife resources
Where it is intended to harvest a wildlife resource, subject to section 35, the Executive Director shall ensure that the annual harvest docs not exceed the sustainable yield level.32. Historic rights of communities around conservation areas
33. Regulations governing wildlife conservation areas
Part V – Wildlife species
34. Declaration of protected species
Part VI – Wildlife use rights
35. Classes of wildlife use rights
36. Prohibition of utilisation of wildlife without wildlife use right
37. Application for the grant of wildlife use right
38. Consideration of application for wildlife use right
39. Compliance with terms of a wildlife use right
40. Service of compliance notice
41. Reconsideration of compliance notice
42. Activity by the Authority on compliance notice
43. Stop notice
44. Variation of wildlife use right
45. Revocation of wildlife use right
46. Surrender of wildlife use right
47. Transferability of wildlife use rights
48. Permitted transfer
49. Market transfer
50. Management of wildlife use right
Part VII – Professional hunters and trappers
51. Professional hunters and trappers
52. Prohibition of persons who are not licensed under this Part regarding certain acts
A person who without a licence issued in accordance with this Part—53. Suspension or cancellation of licence
Part VIII – Management of problem animals
54. Declaration of vermin
55. Hunting of vermin
56. Attempted killing or killing wild animal
57. Ownership of carcass
58. Report of damage by wild animal
59. Accidental killing of wild animal
60. Wounded wild animal
61. Wounded dangerous animal
Part IX – International trade in species and specimens
62. Import, export or re-export permit
63. Additional restriction on import, export, transit or re-export of specimen
Part X – The Wildlife Fund
64. Continuation of the Fund
65. Administration of the Fund
66. Duty to operate on sound financial principles, investment and borrowing powers
67. Budget of Authority
68. Accounts of Fund
69. Financial year
The financial year of the Fund shall be the period of twelve months ending on the 30th June in each year.Part XI – Penalties, forfeitures and other legal proceedings
70. General penalty
Subject to this Act, a person convicted of an offence under this Act for which no penalty is provided is liable—71. Offences relating to protected species
72. Destruction and obliteration of devices
Where a person is convicted of an offence under this Act in respect of any excavation, fence, enclosure or any other device fixed in or on the ground or upon vegetation, which the person has made, used or had in his or her possession for the purpose of hunting in contravention of this Act, the court shall, in addition to any other penalty imposed, order the device to be destroyed or obliterated in such manner as the court may specify, and any expenditure incurred shall be recoverable from the person as a civil debt.73. Forfeiture as an additional penalty
74. Conditional order of forfeiture
75. Seized good may be subject to forfeiture order
76. Forfeiture of profits from illegal trade
77. Revocation of licence, permit or certificate
If a holder of a wildlife use right, licensee or the holder of a permit or certificate issued under this Act is convicted of an offence under this Act which involves the licence or the wildlife use right, the permit or the certificate, the licence, permit, certificate or wildlife use right shall be automatically revoked.78. Disposal of specimen by the Executive Director
79. Money from sale of specimen or article
Where the disposal of a specimen or article under section 78 is by sale, all monies realised shall be payable only into the Fund.80. Specimen, domestic animal or article to be held by the Executive Director
A specimen, domestic animal or article held in the custody of the Executive Director under this Act shall be held by him or her solely on his or her official capacity, and nothing in this Act shall be construed as giving the person holding the office of Executive Director private right of ownership over any specimen, domestic animal or article.81. Custody and notification of specimen
Part XII – Miscellaneous
82. Wildlife Compensation Verification Committee
83. Wildlife Compensation Scheme
84. Compensation
85. General indemnity
86. Regulations
87. Minister’s power to amend Schedules
88. Repeal and savings
History of this document
27 September 2019 this version
Commenced
01 July 2019
Assented to