16.     Powers of Board to issue orders and make regulations

            (1) If, after paying due regard to all the circumstances, the Board considers that such a course is necessary or desirable for the conservation of agricultural resources on any land and is just and equitable it may, subject to the provisions of subsection (9)-

     (a)     give a written order to the owner or occupier of such land to undertake or adopt such measures as it may deem necessary to conserve agricultural resources on such land or prevent injury to agricultural resources on other land arising from the acts or omissions of such owner or occupier; or

     (b)     make such regulations to regulate agricultural land-use practices in areas designated thereby as it deems necessary for the conservation of agricultural resources in such areas.

            (2) Any order given by the Board under subsection (1)(a) shall be known as a conservation order and shall be deemed to be sufficiently served on the owner or occupier to whom it is directed if delivered to him personally by a person nominated by the Board or if sent in a letter by registered post to his last known address, whether within or outside Botswana; if so sent, it shall be deemed, unless the contrary is proved, to have been served at the time at which the letter would be delivered in the ordinary course of the post.

            (3) Any regulation made under subsection (1)(b) shall be known as a conservation regulation and shall come into operation in any area designated thereby one month after it has been published in the Gazette.

            (4) As soon as any conservation regulation has been published in the Gazette, the Board shall use its best endeavours to ensure that public announcements drawing attention to such regulation are made at public meetings at such places as it may deem appropriate and that notices drawing attention to such regulation are prominently placed on such public notice boards as it may select within the area designated by such regulation.

            (5) Notwithstanding the provisions of section 19, conservation orders and conservation regulations may-

     (a)     prohibit, regulate, require or control-

           (i)       cultivation;

          (ii)       the grazing or watering of livestock;

          (iii)       the setting on, clearing or destruction of vegetation and its protection against fire;

         (iv)       the afforestation or re-afforestation of land;

          (v)       the protection of slopes or catchment areas;

         (vi)       the drainage of land including the construction, maintenance or repair of artificial or natural drains, gullies, contour banks, terraces and diversion ditches,

        (vii)       the fencing of land;

              when such prohibition, regulation, requirement or control is deemed by the Board to be necessary for any of the following purposes-

            (aa)   for the protection of land against erosion;

            (bb)   for the protection of land against the deposit thereon of sand, stones or gravel or any other material;

            (cc)   for the prevention of silting up of dams;

            (dd)   for the preservation of vegetation;

            (ee)   for the protection of the source and banks of streams;

            (ff)     otherwise for the preservation of the soil and its fertility;

            (gg)   for any other purpose connected with sound husbandry;

     (b)     prohibit, restrict or control the use of insecticides, fertilizers, or any type of chemical compound in, on or over land.

            (6) If any owner or occupier of land fails or neglects to carry out or comply with any conservation order, served in accordance with subsection (2) or any conservation regulation, which has come into operation in accordance with subsection (3), within such reasonable time as may be fixed by the Board and stated in the order or regulation he shall be guilty of an offence and a court by which he is convicted shall in addition to any penalty which it may impose make an order requiring him to carry out or comply with the aforementioned order or regulation within a specified period of time, failure to comply with the order made by the court shall constitute a separate offence.

            (7)        Where it is necessary for an owner or occupier of land to construct any works to give effect to an order made under this section the Board may, at his written request, cause such works to be carried out and completed on his behalf; and where costs are incurred on such works under the provisions of this subsection the amount thereof shall be a debt due to the State by the owner or occupier concerned and, until it is discharged, interest on such debt shall be payable at such rate as may be prescribed.

            (8) The Board may reduce the amount of costs payable under subsection (7) by such amount as it determines to be the value to the public of the works on which such costs were incurred.

            (9) The Board shall not, with reference to any land in respect of which an order under section 10 of the  Town and Country Planning Act has been published, give an order or make a regulation under this section except after consultation with the local authority named in such order.

            (10) Where after consultation with the local authority in accordance with the provisions of subsection (9) the Board gives an order or makes a regulation, no permission to do anything which is required to be done by reason of the said order or regulation shall be refused or withheld by such local authority under the provisions of the Town and Country Planning Act.

            (11) Any owner or occupier may apply to the Board to apportion any sum spent by him, or for which he has become liable, by reason of the provisions of this section in respect of works required to be constructed between himself and other persons having an interest in land which may be benefited by such works; an application under this subsection shall be in writing and shall state the names and addresses of the other persons having an interest as aforesaid, and the nature of such interest.

            (12) Where an application is made under subsection (11) the Board shall fix a date for the hearing thereof and shall notify the applicant and the other persons named in the application and shall give them full opportunity to be heard thereon.

            (13) The Board shall apportion the sums spent by the owner or occupier or for which he has become liable by reason of the provisions of this section in respect of works required to be constructed between the owner or occupier and the other persons named in the application in such manner as it considers equitable having regard to the respective interests of the persons concerned in the land benefited by such works.

            (14) Any sum apportioned to any person other than the owner or occupier shall become a debt due by such person to the owner or occupier and, until it is discharged, interest thereon shall be paid at such rate as may be prescribed.

            (15) The decision of the Board under subsection (13) shall be final, unless taken on appeal to the Minister within the period prescribed.

17.     Additional powers of the Board

            (1) When the owner or occupier of land is served with a conservation order or is affected by a conservation regulation under the provisions of section 16, he may apply in writing to the Board to direct any person resident on or using land or having any right in or over land to which the conservation order or conservation regulation relates, to refrain from doing any act on the said land which would prevent or hinder compliance with the said conservation order or conservation regulation, and the Board may give such direction to any such person as it may consider reasonably necessary to enable the said conservation order or conservation regulation to be carried out.

            (2)        Any person who refuses or neglects to carry out or comply with any direction given by the Board under the provisions of subsection (1) shall be guilty of an offence.

18.     Construction of works by the Board

            (1) If the Board decides that such works and measures on any land as are hereinafter mentioned should not be the subject of a conservation order or conservation regulation under section 16 but deems them necessary or desirable for any of the following purposes-

     (a)     mitigation or prevention of soil erosion;

     (b)     the disposal and control of water including storm water and drainage water;

     (c)     the protection of the catchment, source, course, banks or feeders of any stream;

     (d)     the prevention or control, whether by firebreaks or by control-burning, of bushfires;

     (e)     the prevention of pollution of public water;

     (f)      the elimination of tsetse fly or the prevention of the spread of tsetse fly;

     (g)     the eradication or prevention of noxious weeds,

it may cause such works to be construed or measures to be undertaken upon such land:

            Provided that the Board shall not decide that any such works shall be constructed or measures undertaken on any land in respect of which an order under section 10 of the Town and Country Planning Act has been published, except after consultation with the local authority named in such order.

            (2) Where a local authority has been consulted in accordance with the proviso to subsection (1), no permission to construct the works or undertake the measures concerning which it has been consulted shall be refused or withheld by it under the Town and Country Planning Act.

            (3) No works shall be constructed or measures undertaken under the provisions of this section unless prior notice in writing of the intended works or measures, including a statement of the estimated cost thereof has been given to the owner or occupier of the land concerned and to such other persons as may in the opinion of the Board be adversely affected by such works or measures.

            (4)        The cost of construction of works or of measures undertaken under the provisions of this section shall be paid from moneys appropriated by Parliament for that purpose:

            Provided that the Board may, if it is of the opinion that having regard to all the circumstances it is just that any person having an interest in the land on which the works will be or are being or have been constructed or the measures will be or are being or have been undertaken should contribute towards their cost, notify such person accordingly and in such notification specify the amount to be contributed by the said person.

            (5)        The amount to be contributed by any person shall, when such person has been notified under the provisions of subsection (4), be a debt due to the State by such person and, until it is discharged, interest shall be paid thereon at such rate as may be prescribed.

            (6) Any notice to be given under this section shall be deemed to be sufficiently served on the person to be notified if delivered to him personally by a person nominated by the Board or if sent in a letter by registered post to his last known address, whether within or outside Botswana; if so sent, it shall be deemed, unless the contrary is proved, to have been served at the time at which the letter would be delivered in the ordinary course of the post.

19.     Special provisions regarding the control of livestock

            (1) If, after paying due regard to all the circumstances the Board considers that such a course is necessary or desirable for the conservation of the agricultural resources of any area and is just and equitable, it may by order prescribe the maximum number and the class of stock which may be kept or pastured, or permitted to be kept or pastured by any owner or occupier of land within such area specified in such order, or which may be watered at any watering point specified in such order.

            (2) Any order issued under subsection (1) shall be known as a stock control order, shall be in writing, and shall be deemed to be sufficiently served on the person to whom it is directed if delivered to him personally by a person nominated by the Board or if sent in a letter by registered post to his last known address, whether within or outside Botswana; if so sent, it shall be deemed, unless the contrary is proved, to have been served at the time at which the letter would be delivered in the ordinary course of the post.

            (3) The operation of any stock control order shall be deferred for a reasonable time to be specified in such order if the person to whom it is directed will have to find alternative grazing or dispose of stock in order to comply with the order.

            (4) A stock control order may relate to any cattle on the land or watered at the watering point to which such order relates regardless of whether some or all of the cattle are the subject of a contract, traditional or not, which prohibits or inhibits the person to whom the order is directed from selling or slaughtering them.

            (5) If any owner or occupier wilfully contravenes or fails to comply with a stock control order directed to him he shall be guilty of an offence and, in addition to any penalty that may be imposed on him by any court convicting him, the Board may, after such conviction, order that any stock in excess of the number that may be grazed by him on the land to which the stock control order relates, which number has been signified in such order, shall be confiscated:

            Provided that no such confiscation order shall be made until the time for appeal from such conviction has elapsed or all rights of appeal therefrom have been exhausted.

            (6)        When a confiscation order has been made under subsection (5) the Board may order that the confiscated stock be sold by public auction or disposed of to or through the Botswana Meat Commission.

            (7) The proceeds of the sale or disposal of any such stock shall after the deduction of any administrative costs or judicial fines be delivered to the owner.

            (8) No action shall lie against the Board in respect of any stock lost, stolen, strayed or which die while under confiscation provided reasonable care has been exercised in looking after such stock.

20.     Conservation and subordinate conservation committees           

            (1) The Minister may, by notice published in the Gazette-

     (a)     establish conservation committees and subordinate conservation committees; and

     (b)     subject to the provisions of subsection (3), appoint such number of the members of any such committee as he may think fit.

            (2) Any notice whereby a conservation committee or subordinate conservation committee is established shall specify the name of the committee and the area over which it shall have jurisdiction, and any notice whereby members of a committee are appointed shall, except in the case of members appointed by the term designating a public office, specify the periods for which they are appointed.

            (3) In the case of a conservation committee established with jurisdiction over any tribal area as defined in the Tribal Land Act, the Minister shall appoint two members of the land board established in respect of such area by that Act to be members of the conservation committee.

            (4)        The Chairman of a conservation committee or subordinate conservation committee shall be a member thereof who is nominated by the Minister to be Chairman.

            (5)        Conservation committees and subordinate conservation committees shall meet at intervals of not less than three months at such places and times as may be decided by the Chairman.

            (6)        The Chairman of a conservation committee or subordinate conservation committee shall have a deliberative vote and in the event of an equality of votes shall also have a casting vote.

            (7)        The quorum of a conservation committee or subordinate conservation committee shall consist of a simple majority of the members.

            (8)        In the absence of the Chairman from any meeting of a conservation committee or subordinate conservation committee the members present at such meeting shall elect a Chairman for that particular meeting.

            (9) If any member present at a meeting of a conservation committee or subordinate conservation committee has any pecuniary or other interest, direct or indirect, in any matter under discussion, or is the husband, father, grandfather, son, grandson or brother, father-in-law, brother-in-law or son-in-law of any person seeking a grant from the Board he shall disclose the fact and, if the Chairman or other member presiding so directs, he shall withdraw from the meeting during such discussion or refrain from discussion of, or voting on, the matter.

            (10) The Minister may appoint any public officer, with the consent of the Minister in whose Ministry such officer is employed, to be a temporary member of any conservation committee or subordinate conservation committee if he considers such appointment necessary to enable such committee properly to discharge its functions, and no temporary member shall be entitled to vote.

21.     Functions of conservation and subordinate conservation committees

            (1) The functions of a conservation committee shall be-

     (a)     to keep under continual review the conservation of agricultural resources within its area of jurisdiction and make recommendations thereon to the Board;

     (b)     to attempt to persuade any owner or occupier of land in its area of jurisdiction to adopt such methods of farming or land use as it may deem necessary for the purpose of conserving soil fertility and protecting agricultural resources;

     (c)     to assist in giving notice to all owners or occupiers of land who are affected by a conservation order, stock control order or conservation regulation;

     (d)     to recommend to land boards restrictions to be attached to customary grants of land rights and restrictive conditions to be attached to grants of land rights under the common law when it considers such restrictions or restrictive conditions to be in the interest of good husbandry;

     (e)     generally to assist in measures for the preservation, wise use and improvement of agricultural resources within its area of jurisdiction;

     (f)      to stimulate public interest in the conservation of agricultural resources; and

     (g)     to consider, investigate and report upon any matter referred to it by the Minister or by the Board.

            (2)        The function of a subordinate conservation committee shall be to perform any functions enumerated in subsection (1) which may be assigned to it by the conservation committee to which, in the notice establishing it, it is subordinated.

            (3) The conservation committee and the subordinate conservation committee shall conduct their proceedings in such manner as may be directed by the Minister or, in the absence of such direction, in such manner as they deem fit.

22.     Powers of committees

            A conservation committee and a subordinate conservation committee shall have all powers necessary or convenient for the performance of its functions and duties.

23.     Entry upon land

            (1) In so far as is required in the interests of country planning or in order to secure the development or utilization of property for the purpose of conserving agricultural resources any person authorized by this Act or by the Minister in writing may with such assistants, servants, workmen, animals, vehicles appliances and instruments as are necessary for the performance of any functions or duties prescribed, or the exercise of any powers conferred by this Act, enter upon any land or premises and do all such acts thereon as are necessary for or incidental to the exercise of the said powers or the performance of the said functions or duties:

            Provided that-

      (i)     no person shall by virtue of this section enter upon any land or into any building or enclosed place thereon (except with the consent of the owner or occupier thereof) without previously giving such owner or occupier at least seven days' notice of his intention to do so;

      (ii)     reasonable notice to exercise any of the other powers conferred by this subsection shall be given to the owner or occupier of the land;

     (iii)     as little damage and in convenience as possible shall be caused by the exercise of any of the powers conferred by this subsection.

            (2) After any entry upon land made under subsection (1), the Board, in the case of entry made by it, or, in any other case the Minister, shall promptly pay such compensation (if any) as may be adequate for any damage done or detriment caused by action taken under that subsection; and any dispute as to the interest or right of any person claiming an interest in or right over such land, the legality of such entry or acts, or the amount (if any) of compensation to which such person may be entitled by reason of such damage or detriment may, if the amount of compensation claimed does not exceed the jurisdiction of a magistrate's court presided over by a Magistrate Grade I or over having jurisdiction in the area where the land is situated, be referred by any party to such dispute to such court, whose decision shall be subject to an appeal to the High Court, and, if the amount claimed does exceed the said jurisdiction, such dispute may be referred to the High Court; and any person aggrieved by any delay in the payment of compensation due to him may apply to the High Court for the purpose of obtaining prompt payment thereof.