Protected Places And Areas

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=161

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ARRANGEMENT

OF SECTIONS

SECTION



1. Short title

2. Interpretation

3. Authorization of

guards and watchmen

4. Protected places

5. Protected areas

6. Publication of

orders

7. Measures for protection

of protected place or area

8. Safeguarding of

information

9. Regulations

10. Powers to arrest



Law 18, 1965,

L.N. 84, 1966.









[Date of

Commencement: 21st December, 1965]

[Ch2201s1]1. Short title

This

Act may be cited as the Protected Places and Areas Act.

[Ch2201s2]2. Interpretation

In

this Act, unless the context otherwise requires-

"authorized

officer" means-

(a) any police officer of or above the rank of

Sub-Inspector;

(b) any administrative officer (other than a

cadet);

(c) any person performing the duties of a guard

or watchman in a protected place or a protected area authorized in that behalf

under section 3; and

(d) any other person or class of persons

declared by the President by order published in the Gazette to be such

either generally or in respect of any specified place or area or class of place

or area;

"premises"

includes any land in Botswana and any building or structure upon such land;

"protected

area" means any area declared to be a protected area under section 5;

"protected

place" means any premises declared to be a protected place under

section 4.

[Ch2201s3]3. Authorization of guards and watchmen

Any

administrative officer (other than a cadet) or any police officer of or above

the rank of Assistant Superintendent may authorize in writing any person

performing the duties of a guard or watchman in a protected place or a

protected area to exercise the powers of an authorized officer in such place or

area.

[Ch2201s4]4. Protected places

(1)

If in regard to any premises it appears to the President to be necessary or

expedient that special precautions should be taken to prevent the entry of

unauthorized persons, he may, by order, declare those premises to be a

protected place for the purposes of this Act; and so long as the order is in

force no person, other than a person who is, or who belongs to a class of

persons which is, specifically exempted in such order, shall not be in those

premises unless he is in possession of a pass card or permit issued by such

authority or person as may be specified in the order, or has received the

permission of an authorized officer on duty at those premises to enter them.

(2)

Where under this section any person is granted permission to be in a protected

place, that person shall, while acting under such permission, comply with such

directions for regulating his conduct as may be given by the authority or

person granting the permission, and an authorized officer or any person

authorized in that behalf by the occupier of the premises may search any person

entering, or seeking to enter, or being in a protected place, and may detain

any such person for the purpose of searching him.

(3)

If any person is in a protected place in contravention of the provisions of

this section or, while in such place, fails to comply with any directions given

under this section, he shall be guilty of an offence and liable to a fine not

exceeding P2000 or to imprisonment for a term not exceeding five years, or to

both, and he may in addition be removed from the place by an authorized officer

or by any person authorized in that behalf by the occupier of the premises.

(4)

Pass cards or permits issued under subsection (1) shall be in such form as the

authority or other person issuing them may determine.

[Ch2201s5]5. Protected areas

(1)

If, in regard to any area, it appears to the President to be necessary or

expedient that special measures should be taken to control the movements and

conduct of persons, he may, by order, declare such area to be a protected area.

(2)

Any person who is in any protected area shall comply with such directions

regulating his movements and conduct as may be given by an authorized officer,

and an authorized officer may search any person entering, or seeking to enter,

or being in a protected area, and may detain any such person for the purpose of

searching him.

(3)

If any person while in a protected area fails to comply with any direction

given under the provisions of subsection (2) he shall be guilty of an offence

and liable to a fine not exceeding P2000 or to imprisonment for a term not

exceeding five years, or to both, and he may in addition be removed from the

area by an authorized officer.

[Ch2201s6]6. Publication of Orders

An

order made under this Act shall come into force upon the making thereof, and

shall within seven days be published in the Gazette and in a newspaper

circulating in the district in which the protected place or area to which it

relates is situated:

Provided

that failure to publish an order in a newspaper shall not invalidate such order

nor shall it be a defence to any charge under section 4 or section 5.

[Ch2201s7]7. Measures for protection of protected

place or area

(1)

The Minister may, by notice in writing to the occupier of any protected place

or protected area, direct such occupier at his own expense to take such

measures for the better protection of the place or area as the Minister may

consider reasonably necessary.

(2)

Any occupier aggrieved by directions given by the Minister under subsection (1)

may within 14 days next after receiving such directions appeal to the

President. On any such appeal the President may revoke or vary the directions

given by the Minister, and notice in writing of such revocation or variation

shall be given by the Minister to the occupier concerned.

(3)

If an occupier fails or refuses within a reasonable time to comply with

directions given under the provisions of subsection (1), or where such

directions have been varied by the President, with the directions as so varied,

the Minister may cause such measures to be taken and may recover the expenses

incurred in so doing from the occupier concerned.

[Ch2201s8]8. Safeguarding of information

(1)

The Minister may, by notice in writing, require an occupier of any protected

place or area to take such steps as the Minister may deem necessary in the

public interest for the safe-guarding of information relating to such place or

area, or for the security of any classified information or document which may

be furnished to such occupier, in his capacity as such, by any public officer.

(2)

Any person who fails to comply with any of the requirements of a notice issued

to him under subsection (1) shall be guilty of an offence and liable to a fine

not exceeding P100 or to imprisonment for a term not exceeding six months, or

to both.

[Ch2201s9]9. Regulations

(1)

The Minister may make regulations requiring the erection by persons specified

in such regulations or in any order made thereunder of warning notices at or

near the site of protected places or protected areas, and such other

regulations as may be necessary or expedient for carrying out the objects of

this Act.

(2)

Any person who contravenes or fails to comply with any regulations made under

this section shall be guilty of an offence and shall be liable to a fine not

exceeding P50 or to imprisonment for a term not exceeding three months, or to

both.

[Ch2201s10]10. Powers to arrest

Any

police officer may arrest without warrant any person reasonably suspected of

committing an offence contrary to any of the provisions of this Act.