ARRANGEMENT OF SECTIONS

PART I
Preliminary

SECTION

1.        Short title

2.        Interpretation

PART II
Agricultural Resources Board

3.        Establishment of Board

4.        Composition of Board

5.        Tenure of office

6.        Disqualification of members and vacation of office

7.        Proceedings

8.        Committees

PART III
Functions and Duties of the Board

9.        Functions of the Board

10.        Powers of the Board

11.        Directions on policy

12.        Annual report to Minister

13.        Other reports to Minister

14.        Notice of investigations and enquiries

15.        Evidence and witnesses

PART IV
Conservation and Improvement of Agricultural Resources

16.        Powers of Board to issue orders and make regulations

17.        Additional powers of the Board

18.        Construction of works by the Board

19.        Special provisions regarding the control of livestock

20.        Conservation and subordinate conservation committees

21.        Functions of conservation and subordinate conservation committees

22.        Powers of committees

23.        Entry upon land

PART V
Appeals

24.        Appeals to the Minister

25.        Operation of prohibitions and restrictions pending appeal

26.        Finality of decision of the Minister

PART VI
General

27.        Charge upon land

28.        Regulations

29.        Penalties

30.        Saving

Act 39, 1972,
S.I. 88, 1974,
Act 17, 1979.

An Act to make provision for the conservation and improvement of the agricultural resources of Botswana; to establish an Agricultural Resources Board and to define its powers and functions; to provide for conservation committees and subordinate conservation committees and prescribe their functions; and to provide for matters incidental to the foregoing.

[Date of Commencement: 14th June, 1974]

1.       Short title

            This Act may be cited as the Agricultural Resources Conservation Act.

2.       Interpretation

            In this Act, unless the context otherwise requires-

            "agricultural resources" means the following matters in their relation to agriculture-

     (a)     the soils of Botswana;

     (b)     the waters of Botswana;

     (c)     the plant life and vegetation of Botswana and the vegetable products of the soil;

     (d)     the animal life and fauna of Botswana including animals, birds, reptiles, fish and insects;

     (e)     such other things, whether similar to the foregoing or not, as the Minister may, by regulations, declare to be agricultural resources;

            "Board" means the Agricultural Resources Board established by section 3;

            "conservation order" means an order given under section 16(1)(a);

            "conservation regulation" means a regulation made under section 16(1)(b);

            "land board" means a land board established by section 3 of the Tribal Land Act;

            "occupier" means-

     (a)     in the case of land not subject to a lease or right of occupancy, the owner of such land or any person occupying the land on sufference of the owner;

     (b)     in any other case, the person lawfully entitled to occupy the land, including a person occupying the land in accordance with a grant by a land board, a subordinate land board or a subordinate land authority;

            "owner" means-

     (a)     in the case of land registered in the Deeds Registry, the person in the name of whom as owner the land is registered;

     (b)     in the case of state land, the Government;

     (c)     in the case of tribal land, the land board established by the Tribal Land Act in respect of a tribal area within which such land is situated;

            "public officer" means a person holding or acting in an office of emolument in the public service exclusive of all offices referred to in subsections (2) and (3) of section 127 of the Constitution;

            "state land" bears the same meaning as in the Cap. 32:01 State Land Act;

            "stock" includes cattle, horses, donkeys, mules, sheep, goats ostriches, pigs, animals of the family bovidae in captivity, domestic fowls, turkeys, geese, ducks and any other domesticated or captive animal or bird which the Minister may specify by order published in the Gazette;

            "stock control order" means an order issued under section 19(1);

            "stream" means a watercourse of natural origin in which water flows, whether or not such watercourse or any portion thereof is dry for any period and whether or not its conformation has been changed by artificial means;

            "subordinate land authority" means any person who may, in accordance with customary law, grant or confirm the grant of land as an authority subordinate to some other authority, whether or not such grant requires the approval of such other authority or of any other subordinate land authority;

            "subordinate land board" means a subordinate land board established under the provisions of section 19 of the Tribal Land Act;

            "tribal land" means land within-

     (a)     every tribal territory as defined in section 2 of the Chieftainship Act;

     (b)     the area defined in Schedule 1 to the Tati Concessions Land Act.