Advanced Search

The Tourism and Hospitality Act, 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Tourism and Hospitality Act, 2015.pmd
Tourism and Hospitality [No. 13 of 2015 247

THE TOURISM AND HOSPITALITY ACT, 2015
ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title and commencement

2. Interpretation

PART II

TOURISM DEVELOPMENT, POLICY AND PLANNING

3. General power of Minister for tourism development

4. Tourism planning and policy

5. Tourism amenities, transport and infrastructure

6. Tourism priority areas, protected areas and designated
areas for rural and urban tourism development

7. Sustainable tourism

8. International cooperation, agreements and instruments

9. Code of ethics and stakeholders forum

PART III

THE ZAMBIA TOURISM AGENCY

10. Establishment of Zambia Tourism Agency

11. Seal of Agency

12. Functions of Agency

13. Relations and cooperation with regulatory agencies and
other authorities

14. Board of Agency

15. Functions of Board

16. Committees of Board

17. Delegation of functions and directions

18. Director and other staff

Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka. Price K64.00

PART IV

TOURISM DEVELOPMENT INTERVENTIONS AND INCENTIVES

19. Regulatory service centers

20. Incentives

21. Micro and small enterprise development

22. Interventions, benefits and withdrawal of benefits

PART V

LICENSING OF TOURISM ENTERPRISES

23. Single licensing system

24. Conditions for operating tourism enterprise and
commencement of business

25. Conditions for grant of licence or certificate for
accommodation establishment

26. Application for licence

27. Consideration and issue of licence

28. Rejection of application for licence

29. Conditions of licence and obligation of licensee

30. Display of licence

31. Assignment, cession or transfer of licence

32. Amendment or variation of licence

33. Surrender of licence

34. Suspension or revocation of licence

35. Renewal of licence

36. Prepaid package tours

PART VI

REGISTRATION AND CERTIFICATION OF MICRO AND SMALL
TOURISM ENTERPRISES

37. Registration of micro and small tourism enterprise

38. Issue and display of certificate of registration

39. Refusal to register

40. Variation, suspension and revocation of registration

248 No. 13 of 2015] Tourism and Hospitality

41. Surrender of certificate

42. Prohibition of transfer, cession or assignment of certificate

43. Replacement of lost or destroyed certificate

PART VII

ACCOMMODATION ESTABLISHMENTS

44. Classification and grading of accommodation establishments

45. Application for grading and grading factors of
accommodation establishment

46. Insignia

47. Regrading of accommodation establishment

48. Register of Graded Accommodation Establishments

49. Publication of classified and graded accommodation
establishments

50. Register of guests

51. Lien over goods or personal property

52. Liabilities of hotelkeeper, proprietor or hotel administration

53. Settlement of boarding rates and other charges

54. Service charge and tips

PART VIII

REGISTRATION OF HOTEL MANAGERS

55. Hotel Managers Registration Council

56. Functions of Council

57. Proceedings of Council

58. Registration of hotel managers

59. Practising certificate

60. Cancellation of registration or practising certificate

61. Offences relating to registration and practising certificates

62. Offences related to registration

63. Register of hotel managers

Tourism and Hospitality [No. 13 of 2015 249

PART IX

THE TOURISM DEVELOPMENT FUND

64. Establishment of Fund and tourism levy

65. Administration of Fund and accounts

66. Annual report and statement of income and expenditure

PART X

QUALITY ASSURANCE

67. Tourism levy officers, inspectors and grading assessors

68. Powers of levy officer, inspector and grading assessor

69. Inspections by committee

PART XI

GENERAL PROVISIONS

70. Register of licences and certificates

71. Appeals to Minister

72. Prohibitions and authorisations

1. 73. Tourism training

74. Health and social welfare

75. Safety of tourists and employees

76. Prohibition of execution over property of Agency

77. Offences by body corporate or unincorporated body

78. General offences

79. General penalty

80. Regulations

81. Repeal of Act No. 23 of 2007 and Act No. 24 of 2007

FIRST SCHEDULE

SECOND SCHEDULE

250 No. 13 of 2015] Tourism and Hospitality

An Act to provide for the sustainable development of the
tourism industry through effective tourism planning,
management, promotion and coordination to ensure
sustainable tourism; provide for an enabling and facilitating
environment for the growth of the tourism industry by
ensuring that Zambia responds to changing tourism trends
in the macro and competitive tourism market
environment; provide effective mechanisms for co-
ordination amongst the Government, private sector and
local communities for the sustainable development of
tourism through public-private partnerships and
community participation; provide for integration of tourism
into national development planning, budgeting and
decision-making processes related to infrastructure
development, environmental management and protection
and empowerment of local communities; strengthen
linkages and co-ordination between tourism development
and key subsectors such as arts and culture, heritage,
transport, education, energy, forestry, fisheries, wildlife
and water resource management by using a whole of
Government approach; ensure that the tourism value
chain is enhanced by positive linkages between tourism
and supporting services and sectors, including police,
immigration, customs, health and safety; establish the
Zambia Tourism Agency and constitute the Board of the
Agency and provide for their functions; regulate tourism
enterprises and tourism-related services and enforce
standards of operation and service; establish the Tourism
Development Fund and provide for its administration;
repeal the Tourism and Hospitality Act, 2007, and the
Zambia Tourism Board Act, 2007; and provide for matters
connected with, or incidental to, the foregoing.

[14th August, 2015

Tourism and Hospitality [No. 13 of 2015 251

GOVERNMENT OF ZAMBIA

ACT
No. 13 of 2015

Date of Assent: 14th August, 2015

ENACTED by the Parliament of Zambia.

PART I

PRELIMINARY

1. This Act may be cited as the Tourism and Hospitality Act,
2015, and shall come into operation on such date as the Minister
may appoint by statutory instrument.

2. In this Act, unless the context otherwise requires—
“ accommodation establishment ” means a place in or on

which the business of providing accommodation, with or
without any other tourism-related services, are conducted
for gain, such as a hotel, guesthouse, bed and breakfast,
bush camp, camping site and caravan park, backpacker,
boarding house, hostel and self-catering facility and any
building or premises used for accommodation by the public
and in which lodging is provided and provisions are supplied
by a hotel keeper or proprietor, but does not include a
Government rest house or a company guesthouse catering
specifically for its employees or a school, college or
university hostel as the Minister may prescribe by statutory
instrument;

“ Agency ” means the Zambia Tourism Agency established
under section ten;

“AIDS ” means Acquired Immune-Deficiency Syndrome;
“ agrotourism ” means any agricultural-related activity that

attracts visitation for leisure, entertainment or educational
purposes;

“ Board ” means the Board of the Agency constituted in
accordance with section fourteen;

“ certificate ” means a certificate of registration issued to a
micro or small tourism enterprise in accordance with section
thirty-eight;

“ certificate holder ” means a micro or small tourism enterprise
that holds a certificate of registration issued in accordance
with section thirty eight;

“ classification ” means the process of determining the type
of an accommodation establishment by size, target market,
level of service, ownership or affiliation;

252 No. 13 of 2015] Tourism and Hospitality

Enactment

Short title
and
commencement

Interpretation

“ committee ” means a committee of the Board constituted
pursuant to section sixteen;

“ consumptive tourism ” means tourism which involves tangible
products extracted from the environment, such as fishing
and hunting;

“ Council ” means the Hotel Managers ” Registration Council
constituted under section fifty-five;

“ creative tourism ” means travel directed towards an engaged
and authentic experience, with participative learning in the
arts, heritage or special character of a place and provides
a connection with the residents of that place and creates a
living culture;

“ cultural tourism ” means an activity which enables people
to experience different ways of the life of other people
thereby gaining at first hand an understanding of other
people’s customs, traditions, the physical environment and
intellectual ideas, and includes places of architectural,
historic, archaeological or other cultural significance;

“ cultural industries ” means industries that combine creation,
production and commercialisation of content in the form
of goods and services that are intangible and cultural in
nature and which content is protected by copyright;

“ Director ” means the person appointed as Director of the
Agency in accordance with section eighteen;

“ domestic tourism ” means providing tourist-related services
to residents and citizens and appreciating and accessing
touristrelated services by residents and citizens;

“ eatery ” means a place that serves food and beverages for
reward;

“ eco-tourism ” means responsible travel to natural areas
that conserves the environment and improves the wellbeing
of the local people;

“ environment tourism ” means travel to unique and
endangered areas that is directly dependent on the use of
natural resources in a relatively undeveloped state,
including scenery, topography, water features, vegetation
and wildlife;

“ e-tourism ” means an electronic system or platform—

Tourism and Hospitality [No. 13 of 2015 253

254 No. 13 of 2015] Tourism and Hospitality

(a) where a tourist may obtain information on
destinations, facilities, prices, geography and climate;

(b) which makes bookings for tourism enterprises,
accommodation establishments, flights and transport;
and

(c) which enables the marketing of tourism products
and tourism related services;

“ e-visa ” means—
(a) an application process that is undertaken

electronically instead of physically by visiting a given
location;

(b) an electronic implant in, or electronic strip attached
or affixed to, a passport which is used for authorising
a traveller to enter Zambia; or

(c) a database that keeps track of who has authorisation
to enter Zambia;

“ excursionist ” means a person who temporarily visits a
destination and stays for less than twenty four hours for
the purpose of leisure or business, but not for transit
purposes;

“ Fund ” means the Tourism Development Fund established
under section sixty-four;

“ grading ” means the assigning of a grading star to an
accommodation establishment or other tourism-related
service;

“ grading assessor ” means an inspector who is responsible
for grading tourism enterprises;

“ HIV ” means Human Immuno-Deficiency Virus;
“ hotel-keeper ” means a person responsible for keeping an

accommodation establishment;
“ insignia ” means a depiction, sign or symbol which by itself

or in conjunction with another depiction, sign or symbol
and together with the emblem of the Agency, indicate the
classification or grading awarded in respect of an
accommodation establishment or other tourism-related
service;

“ inspector ” means a person appointed by the Board as an
inspector in accordance with section sixty-seven, or an
inspectorate committee of the Board, or a joint committee
of regulatory agencies;

Tourism and Hospitality [No. 13 of 2015 255

“ insurance cover ” means an amount of money due on
demand, to the Agency, to cover disbursements to a
customer of a travel agent or tour operator that has failed
to fulfil its financial or contractual obligations with respect
to that customer;

“ levy officer ” means an officer appointed by the Minister,
under section sixty-seven, with authority over execution
of levy on a tourism enterprise;

“licence” means a tourism and hospitality licence issued to a
tourism enterprise in accordance with section twenty-seven;

“ licensee ” means a holder of a tourism and hospitality licence;

“ licensing ” means a process to obtain or issue a licence,
permit or certificate in accordance with this Act and the
Business Regulatory Act, 2014;

“ local authority ” has the meaning assigned to it under the
Local Government Act;

“ market intelligence ” means the external data collected and
analysed by a business about markets that it anticipates
participating in with the intention of using the data in making
decisions;

“ medical tourism ” means the process of travelling outside
the country of residence for the purpose of receiving medical
care;

“ micro-tourism enterprise ” has the meaning assigned to it in
the Zambia Development Agency Act, 2006;

“ mining tourism ” means a type of tourism that involves travel
to operational or non-operational mining sites in Zambia,
for purposes of appreciating mining, heritage and
development for leisure, education and research;

“ nature tourism ” means tourism directly dependent on the
use of natural resources, such as scenery, topography, water
features, flora and fauna, in a relatively undeveloped state;

“ non-consumptive tourism ” means conventional tourist
activities such as viewing animals, photographying, bird
watching, wilderness walks, walking safaris, angling,
canoeing and boat rides;

Act No. 3
of 2014

Cap. 281

Act No. 11
of 2006

256 No. 13 of 2015] Tourism and Hospitality

“ package tour ” means the pre-arranged combination of at
least two of the following components, which are sold or
offered for sale at an inclusive price and where the service
covers a period of more than twenty-four hours:

(a) accommodation;
(b) transport; or
(c)other tourism-related services that are not

supplementary to accommodation or transport and
accounting for a significant proportion of the package;

“ permit ” means an authorisation issued to a licensee or
certificate holder consisting of a permisshority under
another law, whether in the form of a licence, permit,
certificate or written authorisation;

“ police officer ” means a police officer of, or above, the
rank of sergeant;

“ proprietor ” means a person who owns or operates a tourism
enterprise;

“ railway tourism ” means a type of tourism that uses facilities
of trains and rail systems;

“registered tourism enterprise ” means a business that is
registered as a tourism enterprise under the Companies
Act or Registration of Business Names Act, 2011;

“ registration ” means registration as a micro or small tourism
enterprise in accordance with section thirty-eight;

“ regulatory agency ” means the Minister for the time being
having responsibility for, or such public or statutory officer
or body having regulatory powers to enforce, the laws
governing tourism-related services or other activity
impacting or related to tourism, and includes a Minister,
public or statutory officer, body or institution under the
following laws:

(a) the Business Regulatory Act, 2014;
(b) the Zambia Wildlife Act, 2015;
(c) the Environmental Management Act, 2011;
(d) the Water Resources Management Act, 2011;
(e) the Water Supply and Sanitation Act, 1997;
(f) the National Heritage Conservation Commission Act;

Cap. 388
Act No. 16
of 2011

Act No. 3
of 2014
Act No. of
2015
Act No. 12
of 2011
Act No. 21
of 2011
Act No. 28
of 1997
Cap. 173

Tourism and Hospitality [No. 13 of 2015 257

(g) the Lands Act;

(h) the National Museums Act;

(i) the Fisheries Act, 2011;

(j) the Forests Act, 2015;

(k) the Urban and Regional Planning Act, 2015;

(l) the Public Health Act;

(m) the Food and Drugs Act;

(n) the Liquor Licensing Act, 2011;

(o) the Standards Act;

(p) the Local Government Act;

(q) the Public-Private Partnership Act, 2009;

(r) the Zambia Development Agency Act, 2006;

(s) the Citizens Economic Empowerment Commission
Act, 2006;

(t) the Civil Aviation Authority Act, 2012;

(u) the Companies Act;

(v) the Registration of Business Names Act, 2011;

(w) the National Arts Council of Zambia Act;

(x) the Theatres and Cinematography Act;

(y) the Aviation Act; and

(z) the Patents and Companies Registration Agency Act,
2010;

“regulatory clearance system” has the meaning assigned to it
in the Business Regulatory Act, 2014;

“regulatory requirement” has the meaning assigned to it in
the Business Regulatory Act, 2014;

Act No. 9
of 2006
Act No. 7 of
2012
Cap. 388

Act No. 16
of 2011
Cap. 170

Cap. 158

Cap. 444

Act No. 15
of 2010

Act No. 3
of 2014

Act No. 3
of 2014

Cap. 184

Cap. 174

Act No. 22
of 2011

Act No. 3
of 2015

Act No. 4
of 2015

Cap. 295

Cap. 303

Act No. 20
of 2011
Cap. 416

Cap. 281

Act No. 14
of 2009
Act No. 11
of 2006

258 No. 13 of 2015] Tourism and Hospitality

“regulatory services center” has the meaning assigned to it in
the Business Regulatory Act, 2014;

“ repealed Acts ” the Tourism and Hospitality Act, 2007, and
the Zambia Tourism Board Act, 2007;

“ responsible tourism ” means tourism that maximises the
benefits of tourism to local communities, minimises negative
social or environmental impact and helps local people
conserve cultures, habitats and species;

“ restaurant ” means an eatery, which meets prescribed
minimum requirements, with waiters’ services, but does
not include—

(a) a workers’ or staff canteen maintained for the use
of persons employed in any particular undertaking;

(b) an eatery where food or beverage is supplied only
to persons who reside or board at such premises; or

(c) an informal eating place which falls below the
minimum prescribed requirement of a restaurant;

“ single licensing system ” means the system established in
accordance with section twenty-three of the Business
Regulatory Act, 2014;

“ small tourism enterprise ” has the meaning assigned to it in
the Zambia Development Agency Act, 2006;

“sport-tourism” means the experience of travel to engage in
or view sport-related activities;

“ sustainable development ” means development that meets
the needs of the present generation without compromising
the ability of future generations to meet their needs;

“ sustainable tourism ” means tourism that attempts to make
a low adverse impact on the environment and local culture
while helping to generate future opportunities for the local
people and which aims to ensure that development brings
about a positive experience for local people, business
enterprises and tourists;

“ tax-related laws ” means laws relating to or providing for
taxation, customs and excise duties, value added tax and
levies;

Act No. 3 of
2014
Act No. 23
of 2007
Act No. 24
of 2007

Act No. 3 of
2014

Act No. 11
of 2006

Tourism and Hospitality [No. 13 of 2015 259

“tourism” means the activities of persons travelling to and
staying in places outside their usual environment for not
more than one consecutive year for leisure, business and
other purposes, and includes cultural tourism, family tourism,
health tourism, sports tourism, education tourism, mining
tourism, heritage tourism, eco-tourism and wildlife tourism;

“ tourism amenities ” means accommodation, catering
facilities, retailing and other tourism related services;

“ tourism competitiveness ” means indicators showing the
increase in earnings or receipts per visitor or tourist to
Zambia, relative to other countries;

“ tourism enterprise ” means an accommodation establishment,
casino, tour operation business, travel agent, amusement
or theme park, air charter and gliding business, water sport,
a vehicle or vessel leasing business, a house boat, a hunting
safari, wilderness walks, camping, back-packing, mountain
climbing, sight-seeing, tour guide or travel service, tourism
guide rescues, a restaurant, a discotheque, a convention, a
conference centre, an enterprise or person catering for
tourists or events or providing outside catering services, an
exhibition or any other business activity declared by the
Minister by statutory instrument;

“ tourism facility ” means a place, thing or premises managed
by a tourism operator and which regularly or occasionally
provides services or products for utilisation by tourists or
visitors for purposes other than the exercise of an activity
remunerated from within the place visited;

“ tourism industry ” means activities, commercial
developments and services in the tourism sector and
businesses operating in the tourism sector;

“ tourism infrastructure ” means an infrastructure that
facilitates tourism such as roads, bridges, buildings, railways,
airports, airstrips, telecommunications, sanitation and
accommodation facilities or that facilitates artistic and
cultural related activities;

260 No. 13 of 2015] Tourism and Hospitality

“ tourism levy ” means a levy imposed under section fifty;

“ tourism operator ” means a person who conducts or operates
a tourist facility or who is responsible for its management;

“ tourism product ” means a person, natural resource, thing,
heritage, location or activity which gives or is intended to
give Zambian tourism a competitive edge in the international
tourism market;

“ tourism product development ” means designing or
developing new tourism products to meet the needs of
national and international tourists and which improves the
profitability, competitiveness and affordability of tourism
and increases services available for tourists;

“ tourism product diversification ” means a process aimed at
increasing the competitiveness of the country’s tourism
industry by expanding the scope and diversity of existing
and potential tourism resources;

“ tourism-related service ” includes transport, fishing, spa
treatment, taxis, arts and cultural centres, carnivals,
festivals, fairs, outside catering or other business activity
related to tourism as the Minister may declare by statutory
instrument;

“ tourism satellite account ” means a statistical instrument
designed to measure tourism-related services or goods and
their economic impact on Zambia’s national economy;

“ tourist ” means a visitor, from outside or within Zambia,
who travels to and stays in places outside that vistor’s usual
place of residence for more than twenty-four hours and
not more than one consecutive year for —

(a) a holiday;

(b) recreation;

(c) entertainment;

(d) health;

(e) study;

(f) religion;

Tourism and Hospitality [No. 13 of 2015 261

(g) sport;

(h) business;

(i) a meeting;

(j) visiting a friend or relative; or

(k) work that is not remunerated from within the country;

“ tourist attraction ” means a specific and generic feature of
a destination that attracts tourists;

“ tourist destination ” means a visited place that is central to
the decision to take the trip;

“ tourist guide ” means a person who, for reward or otherwise,
accompanies a tourist and provides the tourist with
information and commentaries on any matter related to
tourism or tourism products;

“ tourist product ” means tourist attractions, activities,
accommodation and other tourist facilities and services,
including the infrastructure that serves the attractions,
activities, facilities and services;

“ tour operator ” means a person who arranges package
tours for the purpose of selling or offering for sale;

“ travel services ” means accommodation or transport
combined with any other tourism-related services;

“ United Nations World Tourism Organisation ” means the
global intergovernmental United Nations organisation for
travel and tourism;

“ visitor ” means a person taking a trip, outside that person’s
usual environment for less than a year, for business, leisure
or other personal purpose other than to be employed in the
country or place that the person visits;

“ voluntourism ” means the practice of individuals going on a
working holiday, volunteering their labour for worthy
causes such as aiding or alleviating material poverty of
certain groups in society, restoring specific environments,
or researching into certain aspects of the society or
environment, in an organised manner, whilst enjoying tourist
products;

262 No. 13 of 2015] Tourism and Hospitality

“ whole of Government approach ” means an approach or
coordination system where more than one regulatory
agency and other public authority combine their expertise
to address challenges or provide services or products in
the tourism sector and other related sectors;

“ wildlife tourism ” means tourism undertaken to view or
encounter wildlife, classified as consumptive or
nonconsumptive tourism; and

“ Zambia Institute for Tourism Studies ” means the Zambia
Institute for Tourism and Hospitality established under the
Tourism and Hospitality Act, 2015.

PART II

TOURISM DEVELOPMENT, POLICY AND PLANNING

3. (1) The Minister shall be responsible for the development
of sustainable tourism that is economically, culturally, socially and
environmentally sustainable and which maximises socio-economic
benefits, job creation and local investment opportunities for
Zambians and their national heritage.

(2) The Ministry responsible for tourism shall, for the purposes
of subsection (1)—

(a) optimise the social, cultural, economic and environmental
benefits of tourism in order to promote sustainable
tourism;

(b) increase the contribution of the tourism industry to national
income, foreign exchange earnings, employment and
public revenue;

(c) encourage and facilitate public private partnerships in
accordance with the Public-Private Partnership Act,
2009, in the development of the tourism sector;

(d) promote private sector investment and local community
participation in the development of tourism and tourism-
related services;

(e) in collaboration with other institutions, remove barriers
affecting the development of tourism to its full potential,
including the cost of travel;

General
power of
Minister for
tourism
development

Act No. 14
of 2009

Act No. 13
of 2015

Tourism and Hospitality [No. 13 of 2015 263

(f) encourage diversification of tourism products to create
unique, authentic and treasured experiences;

(g) incorporate commercial entities to undertake business
activities, on behalf of the Government, for and in relation
to meetings, incentives, conferences, exhibitions and
other tourist related services, as the Government
considers appropriate in the public interest;

(h) hold and facilitate meetings, incentives, conferences and
exhibitions for the development of the tourism sector;

(i) undertake, in collaboration with the Minister responsible
for finance, a periodic assessment and audit of tourism-
related services and goods using the tourism satellite
account;

(j) increase the tourism industry’s contribution to reduction of
poverty; and

(k) administer the Tourism Development Fund.
(3) The Ministry responsible for tourism shall take a whole of

Government approach in achieving the objectives of subsection (1)
and shall, in so doing—

(a) facilitate urban and regional planning for tourism and
cultural tourism that prioritises tourism product
development;

(b) promote the development of cultural tourism;

(c) provide technical assistance in terms of patents in creative
and cultural industries;

(d) facilitate export earnings from tourism services through
increased liberalisation of trade in services;

(e) provide technical support in tourism and cultural research;

(f) integrate information and communication technology in
tourism;

(g) facilitate tax and other incentives to the tourism sector for
increased investment;

(h) take measures to create employment in the tourism sector;

(i) assist with maximising the number of women entrepreneurs
and employees in tourism and coordinate gender
mainstreaming;

(j) collaborate on the development of recreational facilities
and family theme parks;

(k) promote visa exemptions, where appropriate, and facilitate
the use of e-visas;

(l) facilitate exit and other surveys for tourists;
(m) protect and administer copyright and intellectual property

rights related to tourism, arts and culture;
(n) encourage the development of mining, health, sport,

academic, railway and environment tourism;
(o) promote children and youth participation in tourism;
(p) make tourism accessible for persons with disabilities; and
(q) promote indigenous knowledge and folklore.

(4) The Ministry responsible for tourism shall, for the purposes
of subsections (1) and (2), liaise, consult, collaborate and cooperate
with relevant regulatory agencies in the development of the tourism
industry and may, for such purposes, have joint programmes, plans,
strategies and policies, taking into account the national
decentralisation policy of the Government.

(5) The Ministry responsible for tourism shall ensure that a
strategic environment assessment is conducted for tourism
development activities in line with the Environmental Management
Act, 2011.

4. (1) The Minister shall develop policies for the efficient and
effective integrated planning, optimum promotion and development
of tourism and the tourism industry.

(2) The Minister shall, in the development of policies in
accordance with subsection (1), put in place measures to—

(a) maximise the application of sustainable tourism and
sustainable development in planning and developing
tourism in priority areas, protected areas and designated
areas for rural and urban development;

(b) focus on sustainable tourism;
(c) commission the development of tourism master plans,

circuits and corridors;
(d) ensure the mainstreaming of gender and environment into

programmes and activities relating to tourism and the
tourism industry;

Tourism
planning
and policy

Act No. 12
of 2011

264 No. 13 of 2015] Tourism and Hospitality

(e) improve tourism market intelligence and maintain
inventories of both products and assets that are critical
to sustainable tourism planning;

(f) ensure capacity building in the tourism sector;
(g) facilitate consultation with local communities on sustainable

tourism planning and conservation, including training on
local management of tourism;

(h) facilitate coordination with stakeholders on implementation,
monitoring and evaluation in designated development
areas;

(i) designate sites for tourism development based on local,
natural and cultural sensitivities, competitive advantage,
market demand and private sector interest;

(j) facilitate investment in new and existing tourism products
and experiences in designated sites, especially in art,
cultural heritage and creative industries;

(k) stimulate investment in urban-based tourism products such
as theme parks, facilities and services for meetings,
conferences and exhibition markets;

(l) facilitate local investment and development in tourism;
(m) undertake tourism product development; and
(n) develop and implement a classification and grading system

for accommodation establishments and other appropriate
tourism related services as may be prescribed, by the
Minister, by statutory instrument.

5. (1) The Minister shall, in collaboration with relevant
regulatory agencies and other authorities, ensure that Zambia
becomes a regional transport, trade and tourism hub through
improved transport, infrastructure and related services such as
health, immigration, safety, security and customs.

(2) The Ministry responsible for tourism shall, for the purposes
of subsection (1), in collaboration and liaison with relevant regulatory
agencies and other authorities—

(a) mobilise resources for the development of tourism and
the tourism industry;

(b) encourage and facilitate the development of amenities
and facilities designed to attract tourists to Zambia;

(c) promote physical planning in the development of tourism
infrastructure;

Tourism
amenities,
transport
and
infrastructure

Tourism and Hospitality [No. 13 of 2015 265

(d) facilitate the development of tourism and tourism-related
infrastructure to, and in, tourism priority areas;

(e) facilitate the expansion of civil aviation air freedoms and
civil airport marketing to increase flights and civil aviation
competition towards establishing Zambian civil airports
as major domestic, regional and international aviation
and travel hubs;

(f) encourage the development of all weather access roads
to tourist destinations, national parks and protected
areas;

(g) promote international and domestic air connectivity;

(h) encourage the development of maritime transport;

(i) encourage enhanced passenger rail transport;

(j) coordinate with transportation authorities and airlines on
improving air access through Zambian airports;

(k) facilitate the reduction of aviation-related fees and taxes
to levels that are comparable and competitive with
neighbouring countries;

(l) facilitate private sector owned and operated airports, roads,
energy providers, educational and medical facilities in
selected priority areas;

(m) stimulate private sector engagement to maximise benefits
and minimise negative impacts of road development in
protected areas from planning to implementation;

(n) pursue road and bridge improvements that positively impact
access to tourism attractions; and

(o) coordinate tourism-related infrastructure development
activities among Ministries.

6. (1) The Minister shall cause to be carried out studies and
surveys designed to identify—

(a) tourism priority areas;

(b) protected areas; and

(c) designated areas;

Tourism
priority
areas,
protected
areas and
designated
areas for
rural and
urban
tourism
development

266 No. 13 of 2015] Tourism and Hospitality

for rural or urban tourism development and shall, after approval of
Cabinet, declare by Gazette notice such areas as tourism priority
areas, protected areas and designated areas for rural or urban
tourism development.

(2) Where a protected area for rural or urban tourism
development falls within a game management area or a national
park, or has been declared as a protected area, under the Zambia
Wildlife Act, 2015, the Ministry responsible for tourism and wildlife
shall collaborate with relevant authorities in the development of
the area.

(3) The Minister shall cause to be prepared local, district and
national plans for the development and promotion of areas declared
in accordance with subsection (1).

(4) Where the Minister declares an area, as specified in
subsection (1), the Ministry responsible for finance shall prioritise
and release adequate funding for the development of the area as a
prime tourism destination.

7. The Minister shall promote sustainable and responsible
tourism development and the Ministry responsible for tourism shall,
in that respect, do the following—

(a) encourage quality tourism experiences that include
meaningful interactions between tourists and host
communities with a greater understanding and
appreciation of cultural tourism;

(b) develop plans for tourism management and promotion that
address environmental sustainability and nature tourism
and ensure that all sector strategies include tangible
concern for the environment, nature tourism and eco-
tourism ethics;

(c) ensure that tourism does not deprive local communities
and wildlife of access to land resources, especially along
the banks and shores of rivers, dams, lagoons and lakes
which they need for their livelihood and survival;

(d) promote tourism development and management where it
can offer a competitive form of land use for local
communities and be integrated into land use plans;

(e) facilitate the increased use of sustainable waste disposal
and bio-degradable packaging;

Act No. 14 of
2015

Sustainable
tourism

Tourism and Hospitality [No. 13 of 2015 267

(f) educate the tourism industry on ways to reduce carbon
footprint;

(g) put in measures to eliminate or mitigate negative impacts
of mining on game management areas, national parks
and other protected areas;

(h) liaise with the relevant Ministry and intervene when mining
activities may impinge on protected areas and tourism
sites;

(i) promote and facilitate alternative and renewable energy
solutions;

(j) encourage energy conservation and promote the transition
to renewable and clean energy sources as a foundation
for carbon neutral development strategies and a green
growth transformation;

(k) facilitate incentives to tourism projects that utilise green
designs or technologies which contribute to creating
sustainable livelihoods and poverty reduction;

(l) engage local communities in planning and decision making,
empower women, children and youth, and embrace the
wisdom, knowledge and values of local communities in
the development of tourism;

(m) design and implement broad public awareness campaigns,
focusing on the linkages of tourism, environment, climate
change, meteorology, sustainable development and
broader society issues;

(n) approve projects that adhere to globally recognised
sustainable tourism certification standards;

(o) protect water sources in tourist destinations and protected
areas; and

(p) encourage research and monitoring of emerging trends
related to the interconnectedness of tourism, the
environment and climate change and provide webbased
tools for sharing and integration.

8. (1) The Minister shall ensure cooperation with other
countries in enhancing the role of tourism for international
cooperation and regional integration.

International
cooperation,
agreements
and
instruments

268 No. 13 of 2015] Tourism and Hospitality

(2) Subject to the Constitution and this Act and notwithstanding
any other law, the Ministry responsible for tourism may, on behalf
of the Government—

(a) enter into bilateral or multilateral agreements with any
foreign State or organisation relating to tourism
development and sustainable development;

(b) in liaison with other relevant Government Ministries,
develop national, regional or international legal
instruments for the protection and conservation of
Zambia’s natural resources and encourage sustainable
tourism;

(c) establish or strengthen research and development
programmes at national, subregional, regional and
international levels for the assessment of tourism and
tourism-related activities and monitor such research and
development programmes to ensure that they are
appropriate for the needs of Zambia;

(d) set up mechanisms for the sharing of appropriate
knowledge and technology for the collection of data and
implementation of planned tourism development;

(e) increase cooperation with international organisations
established or constituted under international
instruments;

(f) in cooperation with other foreign States, formulate tourism-
related strategies and prepare joint promotional
materials; and

(g) participate in, and support, regional institutions that increase
regional tourism cooperation and promote regional
marketing and development.

(3) The Minister shall, by statutory instrument, give effect to
any international or regional agreement on tourism to which Zambia
is a State Party.

9. (1) The Minister shall develop a code of ethics in accordance
with the United Nations World Tourism Organisation Code of Ethics.

(2) All stakeholders in the tourism sector shall apply and comply,
as the case may be, with the code of ethics developed in accordance
with subsection (1).

Code of
ethics and
stakeholder’s
forum

Cap. 1

Tourism and Hospitality [No. 13 of 2015 269

(3) The Minister shall organise and hold a stakeholder’s forum
at least once in every year to discuss and agree on matters relating
to tourism and the tourism industry.

(4) The Minister may prescribe the procedure for the conduct
of meetings at the stakeholder’s forum.

PART III

THE ZAMBIA TOURISM AGENCY

10. (1) There is established the Zambia Tourism Agency which
shall be a body corporate with perpetual succession and a common
seal, capable of suing and of being sued in its corporate name and
with power, subject to the other provisions of this Act, to do all
such acts and things as a body corporate may by law do or perform.

(2) The provisions of the First Schedule apply to the Agency.

11. (1) The seal of the Agency shall be such device as may be
determined by the Board and shall be kept by the Secretary.

(2 The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or any
other person authorised in that behalf by a resolution of the Board.

(3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to
be under seal, may be entered into or executed without seal on
behalf of the Agency by the Secretary or any other person generally
or specifically authorised by the Board in that behalf.

(4) A document purporting to be a document under the seal of
the Agency or issued on behalf of the Agency shall be received in
evidence and shall be deemed to be so executed or issued, as the
case may be, without further proof, unless the contrary is proved.

12. (1) The functions of the Agency are to market and promote
Zambia as a tourist and travel destination, and regulate the tourism
industry as provided under this Act.

(2) Notwithstanding the generality of subsection (1), the Agency
shall—

(a) promote domestic and international tourism;

(b) promote cultural tourism, eco-tourism and nature tourism;

(c) in liaison with the Ministry responsible for tourism, collect,
evaluate and disseminate information relating to—

Establishment
of Zambia
Tourism
Agency

Seal of
Agency

Functions of
Agency

270 No. 13 of 2015] Tourism and Hospitality

(i) tourism markets and market potential;

(ii) trends in tourist activities, expectations and
needs; and

(iii) competing tourism markets;

(d) conduct market research into local and international tourism
markets;

(e) provide information on—
(i) accommodation establishments, tourism

destinations and facilities in Zambia; and

(ii) tourist attractions and tourism-related services
available to tourists in Zambia;

(f) negotiate and enter into agreements or arrangements
relating to tourism marketing and promotion or any other
matter to enhance tourist traffic within and into Zambia;

(g) regulate, in liaison with relevant regulatory authorities and
agencies, tourism-related services and activities as
delegated in this Act;

(h) increase the volume of and receipts from tourist arrivals;
(i) promote and increase tourist arrivals from nontraditional

markets and grow domestic tourism;

(j) establish visitor and information centres;
(k) in collaboration with relevant regulatory agencies and

bodies responsible for arts, heritage and culture,
encourage the development and preservation of Zambian
arts and cultural values as a tourist attraction; and

(l) perform any other functions as are necessary or incidental
to the performance of its functions under this Act.

13. (1) The Agency shall liaise, consult, collaborate and
cooperate with relevant regulatory agencies and other authorities
in regulation and marketing of the tourism industry and may, for
such purposes, have joint programmes, plans, strategies and policies,
taking into account the national decentralisation policy of the
Government.

(2) The Agency, other regulatory agencies and authorities shall
take a whole of government approach in achieving the objectives
of subsection (1) and shall, in so doing—

Relations and
cooperation
with
regulatory
agencies and
other
authorities

Tourism and Hospitality [No. 13 of 2015 271

(a) promote agrotourism opportunities such as farm and ranch
visits;

(b) promote traditional ceremonies;

(c) establish Zambian tourism marketing offices abroad;

(d) facilitate bilateral and multilateral agreements related to
tourism marketing;

(e) establish and enforce public health standards and
regulations in liaison with relevant authorities;

(f) explain and facilitate standards within the tourism industry;

(g) promote wellness and health tourism;

(h) promote and facilitate e-tourism;

(i) promote the security of tourists in liaison with relevant
authorities;

(j) disseminate tourism, arts and cultural information;

(k) promote sports tourism; and

(l) carry out exit surveys for tourists.

(3) Notwithstanding subsections (1) and (2), the Agency, other
regulatory agencies and authorities shall—

(a) develop a unique identity and personality that is different
from all competitive destinations;

(b) promote cultural tourism;

(c) identify tourism products and use them to approach the
tourism source markets;

(d) apply tourism market intelligence and innovative products
according to emerging travel trends;

(e) use market and marketing research for accurate data
which can be used to formulate new strategies and
policies;

(f) carry out continuous market research in order to identify
the changing needs and trends in consumer demands,
perceptions and expectations;

(g) monitor, evaluate and review the regional tourism marketing
programmes;

272 No. 13 of 2015] Tourism and Hospitality

(h) encourage the public to speak positively about Zambia’s
tourism products;

(i) promote the safety and security of tourists; and
(j) encourage networking and sharing of tourism products in

the region.

14 (1) There is constituted a Board for the Agency which shall
consist of the following part-time members appointed by the
Minister—

(a) one representative each of the Ministries responsible for—
(i) tourism;

(ii) finance;

(iii) local government; and

(iv) home affairs;

(b) a representative of the AttorneyGeneral;
(c) a representative of the Tourism Council of Zambia;

(d) a representative of the Zambia Institute of Marketing;

(e) a representative of the Zambia Environmental
Management Agency;

(f) a representative of the Zambia Institute for Tourism and
Hospitality Studies; and

(g) two persons from the private sector with experience and
knowledge in tourism, arts and culture.

(2) The Minister shall appoint the Chairperson of the Board
from amongst the members of the Board who are not public
officers.

(3) The members of the Board shall elect the Vice-Chairperson
from amongst themselves.

(4) A person shall not be appointed as a member of the Board
if that person—

(a) is not a citizen of Zambia;

(b) is an undischarged bankrupt;

(c) has a mental or physical disability that makes the person
incapable of performing the functions of a member; or

Board of
Agency

Tourism and Hospitality [No. 13 of 2015 273

(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a period
exceeding six months without the option of a fine.

(5) A member shall hold office for a period of three years and
may be reappointed for one further period of three years.

(6) A member may resign upon giving one month’s notice, in
writing, to the Minister.

(7) The office of a member becomes vacant if the member

(a) dies;

(b) is absent, without reasonable excuse, from three
consecutive meetings of the Board of which the member
has had notice;

(c) is adjudged bankrupt;

(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a period
exceeding six months without the option of a fine;

(e) is removed by the Minister for good cause on the following
grounds:

(i) the member acts dishonourably, improperly,
fraudulently, dishonestly or disorderly; or

(ii) the institution which the member represents
withdraws its support of the member as its
representative and informs the Minister
accordingly; or

(f) has a mental or physical disability which makes the member
incapable of performing the functions of a member.

(8) A member shall, on the expiration of the period for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months.

274 No. 13 of 2015] Tourism and Hospitality

(9) The Minister shall, whenever the office of a member
becomes vacant before the expiry of the term of office, appoint
another person in place of that member but that person shall hold
office as a member only for the unexpired part of the term of the
Board.

(10) The Minister shall, when appointing members of the Board,
in accordance with subsection (1), ensure that there is fifty percent
members of each gender.

(11) The provisions of the First Schedule apply to the Board.

15. (1) Subject to the other provisions of this Act, the Board
shall provide strategic policy direction to the Agency.

(2) The Board shall—

(a) promote effective corporate governance of the Agency;

(b) provide strategic direction to the agency;

(c) formulate the policies, programmes and strategies of the
Agency;

(d) administer the licensing of tourism enterprises;

(e) classify and grade accomodation establishments;

(f) approve the annual work-plan and activity reports of the
Agency; and

(g) approve the annual budget estimates of the Agency.

16. (1) The Board may, for the purposes of performing its
functions, establish such committees as it considers necessary and
delegate to any of those committees any of its functions or the
functions of the Agency.

(2) The Board may appoint as members of a committee persons
who are or are not members of the Board, except that at least one
member of the Board shall be a member of a committee.

Functions of
Board

Committees
of Board

Tourism and Hospitality [No. 13 of 2015 275

(3) Notwithstanding the generality of subsections (1) and (2),
the Board may appoint special committees, composed of some
members of the Board and persons representing relevant regulatory
agencies, to carry out inspections under this Act or perform such
other regulatory functions that require collaborative effort with other
regulatory agencies.

(4) A person serving as a member of a committee shall hold
office for such period as the Board may determine.

(5) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure.

17. (1) The Board may, subject to any conditions imposed and
guidelines issued by it, delegate any of the Board’s functions and
the functions of the Agency to the Director or other appropriate
regulatory agency.

(2) Subject to this Act, the Board may, on the recommendation
of the Director, by directions in writing and subject to any terms
and conditions as the Board considers necessary, delegate to a
regulatory service centre any of the functions of the Agency or the
Board as it considers necessary for the efficient regulation of the
tourism industry at national, provincial or district level.

(3) The Minister may give to the Board general or specific
directions, which are consistent with the provisions of this Act,
relating to the discharge of its functions and the functions of the
Agency and the Board shall give effect to those directions.

18. (1) The Board shall appoint a Director for the Agency on
such terms and conditions as the Board may determine.

(2) The Director shall be the chief executive officer of the
Agency and shall be responsible, under the direction of the Board,
for the day today administration of the Agency.

Delegation
of
functions
and
directions

Director
and other
staff

276 No. 13 of 2015] Tourism and Hospitality

(3) The Director shall attend meetings of the Board and may
address those meetings but shall have no vote on any matter.

(4) The Board may appoint, on such terms and conditions as it
may determine, the Secretary and such other staff as it considers
necessary for the performance of the function of the Agency and
Board.

(5) The Secretary shall perform corporate secretarial duties
for the Board and such other functions as the Board may determine,
under the direction of the Board and the Director.

PART IV

TOURISM DEVELOPMENT INTERVENTIONS AND INCENTIVES

19. (1) The Agency shall utilise the regulatory service centres,
established in accordance with the Business Regulatory Act, 2014,
for the effective regulation of tourism and the tourism industry.

(2) The Agency shall station employees in the regulatory service
centres used by the Agency on the terms and conditions specified
in the Business Regulatory Act, 2014.

20. A licensee and certificate holder shall be eligible for such
incentives as may be applicable to the licensee or certificate holder
in accordance with the Zambia Development Agency Act, 2006,
and tax-related laws.

21. A micro or small tourism enterprise, registered under
section thirty-seven, shall be entitled to the privileges and services
relating to micro and small business enterprises specified in the
Zambia Development Agency Act, 2006, and tax related laws.

22. (1) Notwithstanding sections twenty and twenty-one, the
Minister responsible for finance may, in liaison with the Minister,
develop specific fiscal and nonfiscal interventions for the
development of the tourism sector and grant specific fiscal and
non-fiscal benefits to a licensee or certificate holder.

(2) The Minister may withdraw any benefit granted to a licensee
or certificate holder, as provided under sub-section (1), if the
licensee or certificate holder fails to comply with the provisions of
this Act or the conditions of the licence or certificate.

Regulatory
service
centres
Act No. 3 of
2014

Act No. 3 of
2014
Incentives

Act No. 11
of 2006

Micro and
small
enterprise
development

Act No. 11 of
2006
Interventions,
benefits and
withdrawal
of benefits

Tourism and Hospitality [No. 13 of 2015 277

(3) A person aggrieved by a decision of the Minister to
withdraw a benefit may, within thirty days of receipt of the
notification of the withdrawal, appeal against the decision to the
High Court.

(4) In this section, “benefit” means an advantage or targeted
intervention given to a licensee or certificate holder designed to
promote the development of the tourism enterprise and ensure its
effective participation in the tourism industry, but does not include
any incentive, privilege or service that may be given to the tourism
enterprise under the Zambia Development Agency Act, 2006.

PART V

LICENSING OF TOURISM ENTERPRISES

23. (1) Subject to this Act, the Agency shall operate a single
licensing system for the tourism industry in accordance with the
Business Regulatory Act, 2014.

(2) Where a permit is obtained in accordance with the
procedures specified under the Business Regulatory Act, 2014, the
Agency shall endorse on the licence or certificate—

(a) the name of the permit;
(b) the nature and scope of the activity authorised under the

permit;

(c) the conditions attached to the permit; and
(d) any other relevant information that the regulatory agency

may request to be so endorsed.

24. (1) A person shall not operate a tourism enterprise without
registering the business as a tourism enterprise in accordance with
the Companies Act, the Registration of Business Names Act, 2011
or any other relevant written law.

(2) A registered tourism enterprise shall not offer tourismrelated
services, tour or travel services except under, and in accordance
with, a licence issued by the Board.

(3) A registered tourism enterprise shall commence business
as a tourism enterprise within the period specified in the licence.

(4) The Board may, in accordance with section forty, suspend
or revoke the licence of a registered tourism enterprise which fails
to commence business as specified in subsection (3).

Act No. 11 of
2006

Single
licensing
system
Act No. 3 of
2014

Act No. 3 of
2014

Conditions
for operating
tourism
enterprise
and
commence-
ment of
business
Cap. 388
Act No. 16
of 2011

278 No. 13 of 2015] Tourism and Hospitality

(5) A person who contravenes subsection (1) or (2) commits
an offence and is liable, upon conviction, to a fine not exceeding
one hundred thousand penalty units.

25. The Board shall grant a licence in respect of an
accommodation establishment if—

(a) it determines that the premises in respect of which the
application is made are structurally adapted for use as
an accommodation establishment and comply with the
Urban and Regional Planning Act, 2015 and any
standards for construction of such premises as may be
specified under any other law;

(b) proper provision has been made for a water and sanitation
system for the accommodation establishment;

(c) proper provision has been made for the preservation,
storage, preparation, cooking and serving of food in or
by the accommodation establishment;

(d) the applicant meets the prescribed minimum standards
for the category of operation of the tourism enterprise,
as may be prescribed;

(e) the premises in respect of which the application is made
complies with the Public Health Act; and

(f) the applicant meets the requirements relating to the welfare
and safety of guests as provided under this Act.

26. (1) A registered tourism enterprise shall apply to the Board
for a licence in the prescribed manner and form upon payment of
the prescribed fee.

(2) The Director shall inform the applicant, within fourteen
days of receipt of the application, whether the application, submitted
in accordance with subsection (1), has been or has not been
successfully lodged with the Agency.

27. (1) The Board may, where additional information is required
to process an application for a licence, request the applicant to
furnish the information within such period as the Board may
determine.

(2) The Board may obtain particulars or seek clarification in
respect of an application for a licence from a regulatory agency or
other authority.

Conditions
for grant of
licence or
certificate
for
accommodation
establishment

Act No. 3 of
2015

Cap. 295

Application
for licence

Consideration
and issue of
licence

Tourism and Hospitality [No. 13 of 2015 279

(3) Subject to this Act, the Board shall, within thirty days of
receipt of an application for a licence, if the application meets the
requirements of this Act, issue a licence to the applicant, in the
prescribed form, subject to such terms and conditions as it may
determine.

(4) Notwithstanding the other provisions of this section, the
Board may refuse to issue a licence if the applicant fails to submit
the information requested by the Board in relation to the application.

(5) Subject to subsection (4), where the Board does not issue
a licence within the period specified under subsection (3), or inform
the applicant in accordance with subsection (2) of section twenty-
six, the licence shall be deemed to have been issued and the
registered tourism enterprise may commence operations and the
Board shall immediately proceed to consider and issue the licence
within the next thirty days.

(6) A licence shall be valid for a period of three years from
the date of its issuance.

28. (1) The Board shall reject an application for a licence where
the application does not meet the requirements of this Act.

(2) The Board shall, where it rejects an application under
subsection (1), inform the applicant of its decision in writing, and
give the reasons for the rejection.

29. (1) The Board may impose any or all of the following
conditions on a licence issued under section twenty-seven—

(a) the licensee shall allow the inspection of the premises,
records and enterprise by an inspector, assessor or a
committee of the Board;

(b) the licensee shall facilitate an investigation undertaken by
the Board or committee on any matter relating to the
operations of the tourism enterprise;

(c) the licensee shall adhere to—
(i) the period specified in the licence for the

commencement of business;
(ii) the minimum prescribed standards for the

operation of the tourism enterprise; and
(iii) any plans, programmes, projects or other reports

submitted by the licensee to the Agency for the
operation of the tourism enterprise; and

Rejection of
application
for licence

Conditions
of licence
and
obligations
of licensee

280 No. 13 of 2015] Tourism and Hospitality

(d) the licensee shall provide an environmental assessment
report and adhere to an environmental management plan
or monitoring arrangements as approved under the
Environmental Management Act, 2011.

(2) A licensee shall comply with the conditions that the Board
endorses on the licence with respect to a permit issued under the
single licensing system.

30. A licensee shall display the licence issued in accordance
with this Act, or a certified copy of the licence, in a conspicuous
place at the principal place of business and at every subsidiary
premises where the tourism enterprise carries out business.

31. (1) A licensee shall not assign, cede or transfer a licence
without the prior written approval of the Board.

(2) An application for approval to assign, cede or transfer a
licence shall be made by the licensee to the Board in the prescribed
manner and form upon payment of the prescribed fee.

(3) The Board may, within fifteen days of receipt of an
application for the assignment, ceding or transfer of a licence,
approve or reject the application and shall give the applicant reasons
where it rejects the application.

(4) If the Board approves an application, made in accordance
with subsection (2), and it is satisfied that the requirements of this
Act shall be met or complied with by the new licensee, the Board
shall, within thirty days of receipt of the application to assign, cede
or transfer, reissue the licence in the name of the new tourism
enterprise.

32. (1) A licensee may, at any time during the validity of the
licence, if there are any changes to the tourism enterprise or its
operations, apply to the Board for the variation of the terms and
conditions of the licence.

(2) The Board may approve the amendment of a licence to
accommodate any variations requested by the licensee and approved
by the Board.

(3) The Board shall endorse and date any variation, approved
in accordance with subsection (2), on the licence.

33. (1) Where a licensee decides not to continue operating the
tourism enterprise, the licensee shall notify the Board, in writing,
and surrender the licence to the Board.

Display of
licence

Assignment,
cession or
transfer of
licence

Amendment
or variation
of licence

Surrender of
licence

Tourism and Hospitality [No. 13 of 2015 281

(2) Where a licence is surrendered, in accordance with
subsection (1), the Board shall cancel the licence subject to such
conditions as the Board may impose with respect to the winding up
of the affairs of the tourism enterprise.

34. (1) Subject to subsection (2), the Board may suspend or
revoke a licence if the licensee—

(a) obtained the licence on the basis of fraud, negligence or
misrepresentation;

(b) assigns, cedes or otherwise transfers the licence without
the prior approval of the Board;

(c) fails to comply with any term or condition of the licence;
or

(d) operates the tourism enterprise in contravention of this
Act or any other written law.

(2) Where the Board is satisfied, after an inspection of an
accommodation establishment, that—

(a) the accommodation establishment is being conducted in
an unclean or unsanitary manner;

(b) the proprietor, hotelkeeper or the hotel administration is
involved in, encourages or condones, crime being
committed in the accommodation establishment;

(c) the proprietor or hotelkeeper is convicted of an offence
under this Act; or

(d) the accommodation establishment is trading under a grade
that it is not authorised to trade in;

the Board may, subject to subsections (3) and (4), suspend or revoke
the licence, as the Board considers to be appropriate in the
circumstances of the case.

(3) The Board shall, before suspending or revoking a licence,
in accordance with subsection (1), notify the licensee of its intention
to suspend or revoke the licence, giving reasons for its decision
and requesting the licensee to show cause, within such reasonable
period as may be specified in the notice, why the licence should not
be suspended or revoked.

(4) Where there is a contravention, under paragraphs (a),
(b) or (c) of subsection (2), the Board may, by notice in writing,
require the proprietor, hotelkeeper or hotel administration to correct
the contravention within a period of thirty days from the date of the
notice.

Suspension
or
revocation
of licence

282 No. 13 of 2015] Tourism and Hospitality

(5) The Board shall, where a proprietor, hotel-keeper or hotel
administration fails to correct the contravention, within the period
specified under subsection (4), suspend or revoke the licence as
the Board considers to be appropriate in the circumstances of the
case after considering any representations made by the licensee.

(6) Where a licence is revoked, in accordance with this section,
the licensee shall immediately close the premises and surrender
the licence to the Board and the Board shall cancel the licence
subject to such conditions as the Board may impose with respect
to the winding up of the affairs of the tourism enterprise.

35. (1) A licensee may, sixty days prior to the expiration of the
period of validity of the licence, apply to the Board for the renewal
of the licence in the prescribed manner and form upon payment of
the prescribed fee.

(2) The Board shall, within thirty days of receiving an
application for the renewal of a licence, approve or reject the
application and give reasons where it rejects the application for
renewal.

(3) A licensee who submits an application for the renewal of a
licence, in accordance with subsection
(1), shall continue to operate the tourism enterprise until a decision
is made by the Board on the application.

36. (1) A tour operator shall—
(a) submit to the Board records and information on and account

for all foreign exchange earned on prepaid package
tours; and

(b) pay all taxes due to the State in respect of all package
tours.

(2) The Minister may, in consultation with the Minister
responsible for finance, make regulations in respect of prepaid
package tours.

PART VI
REGISTRATION AND CERTIFICATION OF MICRO AND SMALL

TOURISM ENTERPRISES
37. (1) A registered tourism enterprise that qualifies as a micro

or small tourism enterprise shall register with the Board.
(2) The Minister may, on the recommendation of the Board,

prescribe the criteria, terms and conditions for registration for
purposes of this Act, including —

Renewal of
licence

Prepaid
package
tours

Registration
of micro and
small tourism
enterprise

Tourism and Hospitality [No. 13 of 2015 283

(a) the form of, and procedure for, making an application for
registration;

(b) the information and documents to be submitted with an
application for registration;

(c) the form of a certificate of registration and the fee payable
on the issuing or replacement of a certificate;

(d) the procedures and conditions for the variation, transfer,
suspension and revocation of a certificate of registration;

(e) any notices that are required to be issued with respect to
the registration process; and

(f) such other matters as may be necessary to ensure an
efficient, simple, cost effective and fair registration and
certification system.

(3) A person who contravenes any regulations made under
this section commits an offence and is liable, upon conviction, to a
fine not exceeding fifty thousand penalty units or to imprisonment
for a term not exceeding six months, or to both.

38. (1) The Board shall, within fourteen days of receiving an
application for registration, register the micro or small tourism
enterprise if the requirements of this Act and prescribed criteria
and conditions for registration have been met, and issue a certificate
of registration specifying the conditions provided for under section
twenty-nine.

(2) A certificate is not subject to renewal.

(3) A certificate holder shall comply with the conditions that
the Board endorses on the certificate with respect to a permit issued
under the single licensing system.

(4) A certificate holder shall display a certificate issued, under
this section, in a conspicuous place at the principal place of business
and at every subsidiary premise where it carries out business.

39. (1) The Board may reject an application for registration, if
the applicant does not meet the requirements of this Act or any
prescribed criteria or condition, after notifying the applicant, in
writing, of its decision and giving the applicant seven days in which
to make any objections against the decision or to remedy any defect
that necessitated that decision.

Issue and
display of
certificate of
registration

Refusal to
register

284 No. 13 of 2015] Tourism and Hospitality

(2) The Board shall take into account any objection or remedy
made by an applicant before making its final decision whether to
register or to refuse to register the micro or small tourism enterprise.

(3) The Board shall give reasons to the applicant where it refuses
to register the micro or small tourism enterprise.

40. (1) The Board may, if a certificate holder fails to comply
with the terms and conditions of registration, this Act or any relevant
written law, vary, suspend or revoke the certificate, after giving
the micro or small tourism enterprise fourteen days’ notice to that
effect and an opportunity to take measures, within a period specified
by the Board, to comply with the terms and conditions of the
certificate, this Act or other relevant written law.

(2) The variation, suspension or revocation of a certificate may
be in addition to any other penalty to which the micro or small
tourism enterprise may be liable to under this Act.

41. (1) A certificate holder who decides not to continue
operating the micro or small tourism enterprise shall notify the Board,
in writing, and surrender the certificate to the Board.

(2) Where a certificate is surrendered, in accordance with
subsection (1), the Board shall cancel the certificate subject to
such conditions as the Board may impose with respect to the winding
up of the affairs of the micro or small tourism enterprise.

42. A certificate shall not be transferred, ceded or assigned to
another person.

43. (1) A certificate holder whose certificate is lost or destroyed
may apply to the Board for a replacement and the Board shall,
after being satisfied with proof of loss from the applicant and on
payment of a prescribed fee, issue a certified copy of the certificate.

(2) A certified copy of the certificate shall be as effective as
the original certificate but the two shall not be used concurrently.

PART VII

ACCOMMODATION ESTABLISHMENTS

44. The Board shall classify and grade accommodation
establishments in accordance with such minimum standards as the
Minister may prescribe by statutory instrument.

Variation,
suspension
and
revocation
of
registration

Surrender of
certificate

Prohibition
of transfer,
cession or
assignment
of certificate
Replacement
of lost or
destroyed
certificate

Classification
and grading
of
accommodation
establishments

Tourism and Hospitality [No. 13 of 2015 285

45. (1) The Board may, on the application of an accommodation
establishment or on its own motion, classify, grade or regrade the
accommodation establishment.

(2) An application for grading shall be made in the prescribed
manner and form.

(3) The Board shall, in determining the classification and grading
of an accommodation establishment, take into consideration the
following matters:

(a) the quality and condition of the facilities available at the
accommodation establishment;

(b) the quality of services offered by the accommodation
establishment;

(c) the quality of service delivery; and
(d) the overall standard of an accommodation establishment.

46. (1) The Board shall, on the classification or grading of an
accommodation establishment, issue the accommodation
establishment with an insignia.

(2) An insignia issued in respect of an accommodation
establishment, in accordance with subsection (1) shall—

(a) specify the classification and grading of the accommodation
establishment; and

(b) be displayed in a prominent place within the reception
area of the accommodation establishment.

47. (1) Where the Board has reasonable grounds to believe
that an accommodation establishment is being managed contrary
to the class in which the accommodation establishment is graded,
the Board may, on giving notice, in writing, to the proprietor, hotel
manager or hotel administration, remove the name of the
accommodation establishment from the class in which it is graded
or grade it in a lower class.

(2) The Board shall, before re-grading the accommodation
establishment, in accordance with subsection (1), notify the
proprietor, hotel manager or hotel administration of its intention to
re-grade the accommodation establishment, giving reasons for its
decision and requesting the proprietor to show cause, within such
reasonable period as may be specified in the notice, why the
accommodation establishment should not be re-graded.

Application
for grading
and grading
factors of
accommodation
establishment

Insignia

Re-grading of
accommodation
establishment

286 No. 13 of 2015] Tourism and Hospitality

(3) The Board shall, where a proprietor, hotelkeeper or hotel
administration fails to correct the contravention, within the period
specified under subsection (2), re-grade the accommodation
establishment as the Board considers to be appropriate in the
circumstances of the case, and issue an insignia for that lower
class, but the regrading shall not take effect until the expiration of
thirty days from the date of the notice.

48. The Board shall cause to be kept a register of the
accommodation establishments graded for purposes of this Act.

49. (1) The Board shall, in the first quarter of every year,
publish the list of classified and graded accommodation
establishments in a daily newspaper of general circulation in
Zambia.

(2) A hotel manager of an accommodation establishment shall
cause the notice of classification and grading to be displayed in a
conspicuous place at the reception of the accommodation
establishment.

(3) A person shall not advertise or describe an accommodation
establishment in any publication, leaflet, brochure, broadcast or
elsewhere as being of a class and grade, higher or lower than its
grading or classification.

(4) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding one hundred
thousand penalty units or imprisonment for a period not exceeding
one year, or to both.

50. (1) A proprietor, hotel-keeper or hotel administration shall
keep a register, in the prescribe form, in which shall be recorded
the name of every guest and such other particulars as may be
prescribed.

(2) A proprietor, hotel-keeper or hotel administration shall—
(a) present the register, referred to under subsection (1), to

every person who intends to stay at the accommodation
establishment and request the person to write that
person’s name in the register together with such other
particulars as may be prescribed;

(b) present the register for inspection when so requested by
the Board, a grading assessor, inspector, levy officer, a
committee or police officer; and

Publication
of classified
and graded
accommodation
establishments

Register of
guests

Register of
Graded
Accommodation
Establishments

Tourism and Hospitality [No. 13 of 2015 287

(c) supply to the Board, an inspector, a grading assessor, levy
officer, a committee or police officer the original or
duplicate copy of an entry in the register when so
requested.

(3) A proprietor, hotel-keeper or hotel administration who fails
to comply with subsection (2) commits an offence and is liable,
upon conviction, to a fine not exceeding ten thousand penalty units
or to imprisonment for a period not exceeding three months, or to
both.

(4) A proprietor, hotel-keeper or hotel administration shall refuse
to allow into the accommodation establishment a guest who refuses or
fails to give the particulars prescribed by or under this Act.

(5) A person who knowingly makes a false statement in the
register of guests commits an offence and is liable, upon conviction,
to a fine not exceeding twenty thousand penalty units or to
imprisonment for a period not exceeding three months, or to both.

51. (1) A proprietor, hotel-keeper or hotel administration may
detain goods or personal property brought into the accommodation
establishment or left in the accommodation establishment by a guest
indebted to the hotelkeeper for board and other amenities and may
continue to detain the goods and personal property until the debt is
paid, but shall not detain the clothing which the person is wearing.

(2) Subject to the other provisions of this section, a proprietor,
hotel-keeper or hotel administration shall have the right to sell, by
public auction, goods or other personal property detained in
accordance with subsection (1), and shall, after the sale, recover
out of the proceeds of the sale, the amount of the debt due to the
hotel-keeper for board and other amenities together with the costs
and expenses of the sale, and shall pay the surplus, if any remaining
after the sale, to the guest whose goods or other personal property
were sold.

(3) The sale of the goods or personal property, referred to in
subsection (2), shall not be done until after the goods or personal
property have been in the charge or custody of the proprietor, hotel-
keeper or hotel administration or in the accommodation establishment
for a period of three months without the debt having been paid
from the date it became due.

Lien over
goods or
personal
property

288 No. 13 of 2015] Tourism and Hospitality

(4) A proprietor, hotel-keeper or hotel administration shall, at
least one month before any sale is made under this section, cause
to be published in at least one daily newspaper of general circulation
in Zambia an advertisement containing a notice of the intended
sale, which shall contain a brief description of the goods or personal
property intended to be sold and the name of the guest.

(5) Where goods or personal property are sold, in accordance
with subsection (2), the proprietor, hotel-keeper or hotel
administration shall, before the expiration of a period of seven days
beginning with the date of the sale of the goods and personal property,
prepare a record of the sale, in the form prescribed, and shall keep
the record for a period of six years together with a copy of the
notice to sell the goods and personal property and shall, at any
reasonable time during the period of six years, if so requested by
or on behalf of the guest, produce the record for inspection by the
guest or a person nominated in that behalf by the guest.

(6) A person who fails to comply with this section commits an
offence and is liable, upon conviction, to a fine not exceeding ten
thousand penalty units.

52. (1) Subject to subsections (2), (3) and (4) and without
prejudice to any other liability incurred by a proprietor, hotel-keeper
or hotel administration with respect to any goods or personal property
brought into the accommodation establishment by a guest, a
proprietor, hotel-keeper or hotel administration shall, except as
otherwise provided in this section, be liable to make good to that
guest any loss or damage to the property where —

(a) the loss or damage was incurred in the accommodation
establishment; and

(b) the loss or damage occurred during the period the guest
had been residing at the accommodation establishment
or had left the goods in the custody of the proprietor,
hotelkeeper or hotel administration.

(2) Without prejudice to any other liability of the proprietor or
hotel-keeper with respect to any goods or personal property brought
into the accommodation establishment by a guest, a proprietor or
hotel-keeper shall not be liable to make good to a guest any loss of,
or damage to, any motor vehicle left on the premises of the
accommodation establishment.

Liabilities of
hotel-
keeper,
proprietor
or hotel
administration

Tourism and Hospitality [No. 13 of 2015 289

(3) Where a proprietor, hotelkeeper or hotel administration is
liable to make good the loss of, or any damage to, goods and personal
property brought to the accommodation establishment, the
proprietor’s, hotel-keeper’s or hotel administration’s liability to any
guest shall not exceed such amount as may be prescribed in respect
of any one article or in aggregate, except that a proprietor or hotel-
keeper shall not be liable where—

(a) the property was stolen, lost or damaged through the
default, neglect or willful act of the guest;

(b) the property was not deposited by, or on behalf of, the
guest for safe custody with the proprietor, hotel-keeper
or the proprietor’s or hotel-keeper’s employee or agent
authorised or appearing to be authorised for the purpose
and, if so required by the proprietor or hotel-keeper or
that employee or agent, put into a container fastened or
sealed by the depositor; or

(c) at any time after the guest had arrived at the
accommodation establishment, the property in question
was not offered for deposit unless the proprietor, hotel-
keeper or the proprietor’s or hotel-keeper’s employee
or agent refused to receive it.

(4) A proprietor, hotel-keeper or hotel administration shall not
be liable under this section if at the time when the property in
question was brought to the accommodation establishment, a notice
to that effect, printed in plain type, was conspicuously displayed in
a place where it could conveniently be read by the guest at or near
the reception office or desk or, where there is no reception office
or desk, at or near the main entrance to the accommodation
establishment.

53. A person who leaves an accommodation establishment
without paying for the rates and other charges for board or other
amenities at the accommodation establishment or making
arrangements with the proprietor, hotelkeeper or the proprietor’s
or hotel-keeper’s agent or employee that the rates and charges
owing may be left in abeyance, commits an offence and is liable,
upon conviction, to a fine not exceeding twenty thousand penalty
units or to imprisonment for a period not exceeding three months,
or to both.

Settlement
of boarding
rates and
other
charges

290 No. 13 of 2015] Tourism and Hospitality

54. (1) An accommodation establishment and restaurant shall
add to every invoice for supply or sale of accommodation, food
beverages and other tourism-related services a service charge
prescribed by the Minister by statutory instrument.

(2) The service charge shall be paid in equal shares to all the
employees, except employees in management.

(3) Where a service charge is paid, in accordance with
subsection (1), a person shall not be obliged to give a tip for any
service rendered and the proprietor or hotel-keeper shall display a
notice to that effect, printed in plain type, in a conspicuous place in
the accommodation establishment or restaurant or eatery where it
can conveniently be read.

(4) A proprietor or hotel-keeper who contravenes subsection
(1) is liable to pay to the Board, upon demand, a fine not exceeding
one hundred thousand penalty units and in addition, fifty thousand
penalty units for each day during which the contravention continues.

(5) The court may, where a proprietor or hotel-keeper
contravenes subsection (1), enter a civil judgment in favour of the
employees affected and order the proprietor or hotel-keeper to
pay the service charge owing.

PART VIII

REGISTRATION OF HOTEL MANAGERS

55. (1) There is constituted the Hotel Managers’ Registration
Council which shall consist of the following part-time members
appointed by the Minister—

(a) a representative of the Ministry responsible for tourism;

(b) the Director of the Zambia Institute for Tourism and
Hospitality Studies;

(c) a representative of the Agency;

(d) a representative of the Tourism Council of Zambia;

(e) a representative of the Hotel Catering Association of
Zambia;

(f) a representative of the Zambia Institute of Chartered
Accountants; and

(g) a representative of the Immigration Department.

Service
charge and
tips

Hotel
Managers
Registration
Council

Tourism and Hospitality [No. 13 of 2015 291

(2) The Minister shall, on receiving the names of the proposed
representatives from the institutions or organisations referred to in
subsection (1), consider the representatives and may reject any
representative or appoint the representative as a member of the
Council, except that where the Minister rejects any proposed
representative, the Minister shall direct the institution concerned to
avail the Minister with the name of another representative.

(3) The Minister shall appoint the Chairperson and Vice-
Chairperson of the Council from amongst the members of the
Council who are from the private sector.

(4) Subject to subsection (5), a member of the Council shall
hold office for a period of three years from the date of appointment
and is eligible for reappointment for a further term of three years.

(5) The office of a member of the Council shall become vacant
if the member—

(a) is absent, without reasonable excuse, from three
consecutive meetings of the Council of which the
member had notice;

(b) dies;
(c) is adjudged bankrupt;
(d) ceases to hold the office by virtue of which the member

was appointed;
(e) becomes mentally or physically incapable of performing

the duties of a member of the Council; or
(f) is convicted of an offence under any written law and

sentenced therefor to imprisonment for a period
exceeding six months.

(6) The Minister may, where a member vacates office pursuant
to subsection (5), appoint a new member in accordance with
subsection (1) to hold office for the unexpired part of that member’s
term.

(7) A member of the Council shall be paid such allowances as
the Minister may determine.

56. The functions of the Council are to—

(a) consider applications for the registration of hotel managers;

(b) prepare programmes of training, including acquiring
acceptable practical experience for trainees and
graduates of hotel management for registration as hotel
managers;

Functions of
Council

292 No. 13 of 2015] Tourism and Hospitality

(c) liaise with approved institutions of hotel management on
practical training for hotel managers and monitoring and
working out modalities of the diary for purposes of
training; and

(d) conduct interviews for professional competence at such
times and places as the Council shall determine.

57. (1) Subject to the other provisions of this Act, the Council
may regulate its own procedure.

(2) The Council shall meet for the transaction of its business
at least once in every three months at such places and times as the
Chairperson may determine.

(3) The quorum at any meeting of the Council shall be five
members of the Council.

(4) There shall preside at any meeting of the Council—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;

or
(c) in the absence of both the Chairperson and the Vice-

Chairperson, such member as the members present may
elect among themselves for the purpose of that meeting.

(5) A decision of the Council on any question shall be by a
majority of the members present and voting at the meeting and in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to that person’s deliberative
vote.

(6) Where a member is for any reason unable to attend a
meeting of the Council, the member may, in writing, nominate
another person from the same organisation to attend the meeting in
that member’s stead and such person shall be deemed to be a
member for the purpose of that meeting.

(7) The Council may invite any person whose presence is in its
opinion desirable to attend and to participate in the deliberations of
a meeting of the Council, but such person shall have no vote.

(8) The Council shall cause minutes to be kept of the
proceedings of its meetings.

(9) The Minister shall appoint a Secretary to the Council from
among qualified persons employed in the Ministry to perform
secretarial and administrative functions in connection with the affairs
of the Council.

Proceedings
of Council

Tourism and Hospitality [No. 13 of 2015 293

58. (1) A person shall apply for registration as a hotel manager
to the Secretary of the Council in the prescribed manner and form.

(2) The Council shall register a person as a hotel manager if
the person—

(a) is resident in Zambia;
(b) has attained the age of twenty-one years;
(c) is of good character;
(d) holds a qualification in relation to the grade of the

accommodation establishment the person wishes to
manage;

(e) has acquired at least two years of post graduate practical
experience from full time employment under the
supervision of a registered hotel manager; and

(f) shows proof of employment from a licenced
accommodation establishment.

(2) A person shall not qualify to be registered as a hotel
manager if the person—

(a) has been convicted of an offence involving dishonesty or
an offence under this Act or any other relevant written
law and sentenced therefor to imprisonment for a period
exceeding six months without the option of a fine;

(b) is an undischarged bankrupt; or
(c) is unable to perform the duties of hotel manager due to

mental or physical incapacity.
59. (1) The Council shall issue a practising certificate to every

hotel manager registered under this Act.
(2) A practising certificate issued under subsection (1) shall take

effect on the date it is issued and shall continue in force until the
31st December next following the date of issue.

(3) A practising certificate shall be renewed annually upon
payment of such fee as may be prescribed.

60. (1) The Council may cancel the registration or a practicing
certificate if—

(a) the registration or practising certificate was obtained
through fraud, misrepresentation or concealment of any
material fact; or

(b) the holder of the practising certificate ceases to be qualified
for registration.

Practising
certificate

Registration
of hotel
managers

Cancellation
of
registration
or practising
certificate

294 No. 13 of 2015] Tourism and Hospitality

(2) The Council shall, before cancelling the registration or a
practicing certificate under subsection (1), give the holder of the
registration or practising certificate thirty days’ notice, in writing,
of the intention to cancel the registration or practicing certificate
and give the registered hotel manager an opportunity to show cause
why the registration or practicing certificate should not be cancelled,
within such reasonable period as may be specified in the notice.

(3) The Council shall cancel the registration or a practicing
certificate where—

(a) at the expiration of the period specified in the notice given
under subsection (2), and after considering any
representations made by the registered hotel manager
or the holder of the practising certificate, the Council
determines for any reason specified in subsection (1),
that the registration or practicing certificate should be
cancelled; or

(b) the holder of the practising certificate fails to show cause
why the registration or practising certificate should not
be cancelled within the period specified in the notice
given under subsection (2).

(4) The Council shall, within seven days of taking the decision
to cancel the registration or a practising certificate under this section,
in writing, notify the hotel manager of the cancellation of the
registration or practising certificate and state the reasons for the
cancellation.

(5) The Council shall, after cancelling the registration or a
practising certificate, publish a notice of the cancellation in a daily
newspaper of general circulation in Zambia.

(6) A registered hotel manager whose registration or practising
certificate is cancelled shall immediately cease to practice as a
hotel manager.

(7) A person who contravenes subsection (6) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

Tourism and Hospitality [No. 13 of 2015 295

61. (1) A person who is not registered by the Council shall
not—

(a) practice or offer that person’s services as, or hold that
person out to be, a qualified hotel manager;

(b) adopt, use or exhibit the title “hotel manager” or any other
term of similar description; or

(c) do anything likely to lead persons to infer that the person
is a registered hotel manager.

(2) A person shall not employ as a hotel manager a person who
is not registered by the Council.

(3) The Minister may, by statutory instrument, make regulations
to provide for the exemption of certain types of accommodation
establishments from the requirement to employ a registered hotel
manager.

(4) A person who contravenes subsection (1) or (2) commits
an offence and is liable, upon conviction, to a fine not exceeding
two hundred thousand penalty units or imprisonment for a period
not exceeding two years, or to both.

(5) Where an offence under subsection (1) or (2) is committed
by a body corporate, every director or manager of the body corporate
shall be deemed to have committed the offence, unless the director
or manager proves to the satisfaction of the court that the offence
was committed without the knowledge, consent or connivance of
the director or manager or that the director or manager took
sufficient steps to prevent the commission of the offence.

62. A person who—

(a) makes or causes to be made an unauthorised entry,
alteration or erasure in a register, practicing certificate
or any copy of the practising certificate; or

(b) procures, or attempts to procure, for oneself or any other
person, a practicing certificate by means of fraud,
misrepresentation or concealment of any material fact;

commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.

Offences
relating to
registration
and
practising
certificates

Offences
related to
registration

296 No. 13 of 2015] Tourism and Hospitality

63. (1) The Secretary of the Council shall keep a register of
hotel managers registered by the Council.

(2) The register referred to in subsection (1) shall contain such
particulars as the Council may consider necessary for purposes of
this Act.

PART IX
THE TOURISM DEVELOPMENT FUND

64. (1) There is established the Tourism Development Fund
for purposes of tourism product development, tourism infrastructure,
tourism marketing, tourism training and research.

(2) The Fund shall consist of—
(a) such moneys as may be appropriated by Parliament for

the purposes of the Fund;
(b) moneys collected from such tourism levies as the Minister

responsible for finance may prescribe, in consultation
with the Minister;

(c) such moneys as may be received by the Fund from
donations and grants from any source;

(d) such other moneys as may vest in, or accrue to the Fund;
and

(e) such other moneys as may, by or under any other law, be
payable to the Fund.

(3) Subject to subsections (4) and (5), there shall be paid, for
tourist related services, a tourism levy as may be prescribed by
statutory instrument, by the Minister responsible for finance in
consultation with the Minister.

(4) In prescribing the tourism levy in accordance with
subsection (3), the Ministers referred to in that subsection shall
take into consideration the nature of the touristrelated service being
undertaken by the tourism enterprise, the classification of the tourism
enterprise, the number of beds provided by an accommodation
establishment and the need to ensure the sustainability of the tourism
enterprise.

(5) The Minister responsible for finance shall, in prescribing
the tourism levy, in accordance with subsection (3), specify who
shall pay the levy, the process of payment, collection and deposit of
the levy and provide for offences and penalties for contravention
of the regulations, which shall not exceed the general penalty
provided under section seventy-nine.

Register of
hotel
managers

Establishment
of Fund and
tourism levy

Tourism and Hospitality [No. 13 of 2015 297

(6) The tourism levy collected for tourismrelated services shall
be paid into a special bank account opened for the Fund.

65. (1) Subject to subsection (3), the Fund shall be managed
and administered by the Ministry responsible for tourism for the
purposes specified under subsection (1) of section sixty-four.

(2) The Ministry responsible for tourism shall ensure that
prudent controls are established for the Fund relating to—

(a) fiscal controls and accounting procedures governing the
Fund;

(b) reporting procedures for matters relating to the Fund; and
(c) investment of the monies of the Fund.

(3) Subject to subsections (1) and (2), the Fund shall be
administered by a committee of seven members constituted by the
Minister.

(4) The committee constituted, in accordance with subsection
(2), shall consist of one representative each of—

(a) the Ministries responsible for tourism and finance;

(b) the Agency;

(c) the Tourism Council of Zambia;

(d) the Zambia Institute of Chartered Accountants; and

(e) two institutions and associations, in the private sector, which
the Minister considers to be beneficial to the objectives
of the Fund.

(5) The Ministry responsible for tourism shall cause to be
kept proper books of accounts and other records relating to the
accounts of the Fund.

(6) The Fund shall be audited annually by the Auditor-General.

66. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Ministry responsible for
tourism shall submit to the Minister responsible for finance a report
concerning the activities relating to the Fund during the financial
year.

(2) The report referred to in subsection (1) shall include
information on the financial affairs of the Fund and there shall be
appended to the report—

Administration
of Fund and
accounts

Annual
report and
statement
of income
and
expenditure

298 No. 13 of 2015] Tourism and Hospitality

(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister responsible for

finance may require.

(3) The Minister responsible for finance shall, not later than
seven days after the first sitting of the National Assembly next
after receipt of the report referred to in subsection (1), lay the
report before the National Assembly.

PART X

QUALITY ASSURANCE

67. (1) The Board may, on such terms and conditions as it
may determine, appoint suitably qualified persons to be inspectors
and grading assessors for the purposes of ensuring compliance
with this Act.

(2) The Minister may, on such terms and conditions as the
Minister may determine, appoint suitably qualified persons as tourism
levy officers for purposes of this Act.

(3) The Board shall issue inspectors and grading assessors,
and the Minister shall issue levy officers with a certificate of
appointment, in the form prescribed, which shall be prima facie
evidence of the appointment.

(4) A levy officer, inspector or grading assessor shall, in
performing a function under this Act—

(a) be in possession of the certificate of appointment referred
to in subsection (2); and

(b) show the certificate of appointment to any person who
requests to see it or is subject to an investigation under
this Act.

68. (1) A levy officer, inspector or grading assessor may, with
a warrant, at any reasonable time—

(a) enter and search any premises occupied by a tourism
enterprise or any other premises, including a private
dwelling, where information or documents which may
be relevant to an investigation may be kept;

Tourism levy
officers,
inspectors
and grading
assessors

Powers of
levy officer,
inspector
and grading
assessor

Tourism and Hospitality [No. 13 of 2015 299

(b) search any person on the premises if there are reasonable
grounds for believing that the person has personal
possession of any document or article that has a bearing
on the investigation, except that a person shall only be
searched by a person of the same sex;

(c) examine any document or article found on the premises
that has a bearing on the investigation;

(d) require information to be given about any document or
article by—

(i) the owner of the premises;

(ii) the person in control of the premises;

(iii) any person who has control of the document or
article; or

(iv) any other person who may have the information;

(e) take extracts from, or make copies of, any book or
document found on the premises that has a bearing on
the investigation;

(f) use any computer system on the premises, or require
assistance of any person on the premises to use that
computer system to—

(i) search any data contained in, or available from,
the computer system;

(ii) reproduce any record from the data; or

(iii) seize any output from the computer for
examination and copying; or

(g) attach and, if necessary, remove from the premises for
examination and safeguarding any document or article
that appears to have a bearing on the investigation.

(2) A levy officer, inspector or grading assessor who removes
any document or article from any premises in accordance with
paragraph (g) of subsection (4) shall—

(a) issue a receipt for the document or article to the owner
of, or person in control of, the premises; and

(b) return the document or article as soon as practicable after
achieving the purpose for which it was removed.

300 No. 13 of 2015] Tourism and Hospitality

(3) A person who—

(a) delays or obstructs a levy officer, inspector or grading
assessor in the performance of their respective
functions;

(b) refuses to give a levy officer, inspector or grading assessor
such reasonable assistance as the levy officer, inspector
or grading assessor may require for the purpose of
exercising their respective powers; or

(c) gives a levy officer, inspector or grading assessor false or
misleading information in answer to an inquiry made by
the levy officer, inspector or grading assessor
respectively;

commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to a term of
imprisonment not exceeding two years, or to both.

(4) A levy officer, inspector or grading assessor shall furnish
the Agency with a written report and any other information relating
to an inspection as the Board or Minister may require.

(5) Nothing in this section requires a person to disclose or
produce information or a document if the person would in an action
in a court be entitled to refuse to disclose or produce the information
or document.

69. A committee appointed by the Minister or a joint committee
of regulatory agencies carrying out an inspection shall have the
same powers and obligations vested in, or imposed on, an inspector
under this Act.

PART XI

GENERAL PROVISIONS

70. (1) The Director shall keep and maintain a register of all
licences and certificates issued by the Board and enter in the
Register the names and other details relating to tourism enterprises.

(2) The register, referred to in subsection (1), shall be kept at
the offices of the Agency and shall be open to inspection by the
public at such times and on such conditions, including the payment
of a fee for inspection, as the Minister may prescribe.

Inspections
by
committee

Register of
licences and
certificates

Tourism and Hospitality [No. 13 of 2015 301

(3) A person may, upon payment of the prescribed fee, acquire
a copy of the licence or certificate of any tourism enterprise or a
copy or extract of any other particulars from the register to be

certified by the Director.

(4) A document purporting to be an extract or copy of an entry
in the register and duly certified to be a true copy or extract under
the hand of the Director shall be received in evidence as to the
matters stated in the document in any legal proceedings.

(5) The Director shall, where a tourism enterprise ceases to
carry on business, remove the enterprise from the register and
enter the date of such removal.

71. (1) A person aggrieved by a decision of the Board or
Council may appeal to the Minister in the prescribed manner and
form.

(2) The Minister may, in considering an appeal, set aside, vary
or uphold the Council’s or Board’s decision and shall, in writing,
communicate the decision to the appellant.

(3) A person aggrieved by a decision of the Minister may,
within thirty days of the date of receipt of the Minister’s decision,
appeal to the High Court.

72. (1) A proprietor, hotel keeper or hotel administration shall
not display the words “Private Property” or “Residents Only” at
the entrance or in proximity to the tourism enterprise as a way of
restricting access to the property by members of the public.

(2) A proprietor, hotel keeper or hotel administration may display
the words “right of admission reserved”, except that the proprietor,
hotelkeeper or hotel administration shall not, on the basis of any
person’s race, religion or sex, restrict the access of such person to
the tourism enterprise.

(3) A person shall not—
(a) disturb another person in the quiet enjoyment of the facilities

in or at a tourism enterprise;
(b) willfully interfere with or destroy any facility within a

tourism enterprise which is provided for the enjoyment
of the patrons of the tourism enterprise; or

(c) in any way be a nuisance within the premises of a tourism
enterprise.

Appeals to
Minister

Prohibitions
and
authorisations

302 No. 13 of 2015] Tourism and Hospitality

(4) A person who contravenes subsection (1), (2) or (3)
commits an offence and is liable, upon conviction, to a fine not
exceeding fifty thousand penalty units or to imprisonment for a
term not exceeding six months, or to both.

73. The Ministry responsible for tourism shall, in collaboration
with other regulatory agencies and institutions offering hotel and
tourism training, facilitate training in tourism related courses to—

(a) facilitate the growth and development of the tourism
industry; and

(b) improve and maintain quality standards in the tourism
industry.

74. The Ministry responsible for tourism shall, collaborate with
relevant regulatory agencies and authorities on health, safety, labour,
HIV and AIDS, social and welfare matters and other intersectoral
matters that have an impact on sustainable tourism and sustainable
development as specified in section seven.

75. (1) An operator of a tourism enterprise, shall take measures
to ensure—

(a) the safety and security of domestic and international
tourists and other patrons within the tourism enterprise;

(b) the safety and welfare of its employees; and

(c) public liability insurance cover for its clients.

(2) A proprietor, hotel keeper or hotel administration shall have
adaptable emergency evacuation plans on the premises for
emergencies caused by, inter alia, fire, floods, attacks by wild
animals, thunderstorms and every other conceivable thing, act or
activity that may require emergency action to be taken.

76. Notwithstanding anything to the contrary contained in any
written law, where a judgment or order has been obtained against
the Agency, no execution or attachment, or process of any nature,
shall be issued against the Agency or against the property of the
Agency, but the Director shall cause to be paid out of the revenue
of the Agency such amounts as may, by the judgement or order, be
awarded against the Agency to the person entitled to payment.

Tourism
training

Health and
social welfare

Safety of
tourists
and
employees

Prohibition
of execution
over
property of
Agency

Tourism and Hospitality [No. 13 of 2015 303

77. Where an offence under this Act is committed by a body
corporate or unincorporated body, every director or manager of
the body corporate or unincorporated body shall be liable, upon
conviction, as if the director or manager had personally committed
the offence, unless the director or manager proves to the satisfaction
of the court that the act constituting the offence was done without
the knowledge, consent or connivance of the director or manager
or that the director or manager took reasonable steps to prevent
the commission of the offence.

78. A person who—
(a) willfully publishes, causes or allows to be published, in

any manner, false or misleading information relating to
any tourism enterprise or amenity;

(b) being the person responsible for that tourism enterprise,
fails or refuses to pay any fee or to collect and remit the
fee in terms of this Act;

(c) hinders or obstructs the Board in the performance of its
functions under this Act; or

(d) gives false or misleading information to the Board, Council,
committee or the Director;

commits an offence and is liable, upon conviction, to a fine not
exceeding one hundred thousand penalty units or to imprisonment
for a period not exceeding one year, or to both.

79. A person who contravenes a provision of this Act for which
a specific penalty is not provided for shall, upon conviction, be
liable to a fine not exceeding one hundred thousand penalty units or
to imprisonment for a period not exceeding one year, or to both.

80. (1) The Minister may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), the
regulations made under this Act may provide for—

(a) the form of an insignia, a licence, registration or certificate
to be issued under this Act and the manner of applying
for the insignia, licence, registration or certificate;

(b) the fees payable in respect of a licence, registration or
certificate issued under this Act;

Offences by
body
corporate or
unincorporated
body

General
offences

General
penalty

Regulations

304 No. 13 of 2015] Tourism and Hospitality

(c) the terms and conditions under which a tourism enterprise
may be operated and the manner in which the premises
of a tourism enterprise shall be kept;

(d) the terms and conditions under which a person may invest
in, establish, maintain or operate a tourism enterprise;

(e) the classification and grading of tourism enterprises and
the form or style of insignia issued under this Act;

(f) the services of a tourism enterprise which may require
the payment of a service charge;

(g) the manner and form of lodging an appeal under this Act;
and

(h) anything which may be, or is required to be, prescribed
under this Act.

(3) The regulations made under this section may provide for
fines not exceeding one hundred thousand penalty units, and for a
term of imprisonment not exceeding one year, or to both, for any
contravention of the regulations.

81. (1) The Tourism and Hospitality Act, 2007 and the Zambia
Tourism Board Act, 2007 are repealed.

(2) Notwithstanding subsection (1), the provisions of the Second
Schedule apply in respect of the matters specified therein.

(3) Notwithstanding subsection (1), any licence or certificate
issued under the repealed Acts shall be valid until the 31st December
being a date after the commencement of this Act, after which the
licensee and certificate holder shall apply for a licence or certificate
in accordance with the provisions of this Act.

(4) Notwithstanding the repeal of the Tourism and Hospitality
Act, 2007, Part VI of that Act relating to licensing of casinos shall
continue in force and be administered and implemented by the
Ministry until such a time as Parliament enacts a law dealing with

casinos.

Repeal of
Act No. 23
of 2007 and
Act No. 24
of 2007

Act No. 23
and Act No.
24 of 2007

Tourism and Hospitality [No. 13 of 2015 305

FIRST SCHEDULE

(Sections 10(2) and 14(9))
THE ZAMBIA TOURISM AGENCY

PART I

ADMINISTRATION OF AGENCY

1. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure.

(2) The Board shall meet for the transaction of business at
least once in every three months at such places and times as the
Board may determine.

(3) A meeting of the Board may be called by the Chairperson
upon giving notice of not less than fourteen days, and shall be called
by the Chairperson if one-third or more of the members so request
in writing, except that if the urgency of any particular matter does
not permit the giving of such notice, a special meeting may be
called upon giving a shorter notice.

(4) Five members shall constitute a quorum at any meeting of
the Board.

(5) There shall preside at any meeting of the Board—

(a) the Chairperson;

(b) in the absence of the Chairperson, the Vice-Chairperson;
and

(c) in the absence of the Chairperson and the Vice-
Chairperson, such other member as the members
present may elect for the purpose of that meeting.

(6) A decision of the Board on any question shall be by a majority
of the members present and voting at the meeting and in the event
of an equality of votes, the person presiding at the meeting shall
have a casting vote in addition to that person’s deliberative vote.

(7) Where a member is for any reason unable to attend any
meeting of the Board, the member may, in writing, nominate another
person from the same organisation to attend such meeting in that
member’s stead and such person shall be deemed to be a member
for the purpose of that meeting.

Proceedings
of Board

306 No. 13 of 2015] Tourism and Hospitality

(8) The Board may invite any person whose presence is in its
opinion desirable to attend and to participate in the deliberations of
the meeting of the Board, but such person shall have no vote.

(9) The validity of any proceedings, acts or decisions shall not
be affected by any vacancy in the membership of the Board or by
any defect in the appointment of any member or by reason that
any person not entitled to do so, took part in the proceedings.

(10) The Board shall cause minutes to be kept of the proceedings
of every meeting of the Board and every meeting of any committee
of the Board.

2. A member of the Board or any committee of the Board shall
be paid such allowances as the Board may determine, with the
approval of the Minister.

3. (1) A person who is present at a meeting of the Board or
any committee of the Board at which any matter is the subject of
consideration, and in which matter that person or that person’s
spouse is directly or indirectly interested in a private capacity shall,
as soon as is practicable after the commencement of the meeting,
declare such interest and shall not, unless the Board or the
committee otherwise directs, take part in any consideration or
discussion of, or vote on, any question relating to that matter.

(2) A disclosure of interest made under subparagraph (1) shall
be recorded in the minutes of the meeting at which it is made.

4. An action or other proceeding shall not lie or be instituted
against a member of the Board, committee of the Board or a member
of staff of the Agency for, or in respect of, any act or thing done or
omitted to be done in good faith in the exercise or performance, or
purported exercise or performance, of any of the powers, functions
or duties conferred under this Act.

PART II
FINANCIAL PROVISIONS

5. (1) The funds of the Agency shall consist of such monies as
may—

(a) be appropriated by Parliament;
(b) be paid to the Agency by way of fees, grants or donations;

or

(c) vest in or accrue to the Agency.

Allowances

Disclosure
of interest

Immunity

Funds of
Agency

Tourism and Hospitality [No. 13 of 2015 307

(2) The Agency may, subject to the approval of the Minister—

(a) accept monies by way of grants or donations from any
source within or outside Zambia;

(b) raise by way of loans or otherwise, such monies as it may
require for the discharge of its functions; or

(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
Agency.

(3) There shall be paid from the funds of the Agency—
(a) the salaries, allowances, loans, gratuities and pensions of

members of staff of the Agency;
(b) such reasonable travelling and other allowances for the

members of the Board or any committee of the Board
when engaged in the business of the Agency, at such
rates as the Board may determine with the approval of
the Minister; and

(c) any other expenses incurred by the Agency in the
performance of its functions under this Act.

(4) The Board may, with the approval of the Minister, invest in
such manner as it considers appropriate such funds of the Agency
that it does not immediately require for the discharge of its functions.

6. The financial year of the Agency shall be a period of twelve
months ending on 31st December in each year.

7. (1) The Agency shall cause to be kept proper books of
account and other records relating to its accounts.

(2) The accounts of the Agency shall be audited annually by the
Auditor-General or an auditor appointed by the Auditor-General.

(3) The Auditor-General’s fees shall be paid by the Agency.
8. (1) As soon as practicable, but not later than ninety days

after the end of the financial year, the Agency shall submit to the
Minister a report concerning its activities during the financial year.

(2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Agency and there shall
be appended to the report—

(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.

(3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly.

Financial
year

Accounts

Annual report

308 No. 13 of 2015] Tourism and Hospitality

SECOND SCHEDULE

(Section 64 (2))
SAVINGS AND TRANSITIONAL PROVISIONS

1. In this Schedule, “Board “means the Zambia Tourism Board
established under the Zambia Tourism Board Act, 2007.

2. (1) A person who, before the commencement of this Act,
was an employee of the Board shall be transferred to the service
of the Agency as an employee of the Agency as if employed under
this Act.

(2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service.

(3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the Board before the
commencement of this Act.

3. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Agency by virtue
of this Act and without further assurance, all assets, rights, liabilities
and obligations which immediately before that date were the assets,
rights, liabilities and obligations of the Board.

(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the Board was a party immediately before the commencement of
this Act whether or not of such a nature that rights, liabilities and
obligations could be assigned, shall, unless its subject matter or
terms make it impossible that it should have effect as modified, as
provided under this paragraph, have effect as if—

(a) the Agency had been party to it;

(b) for any reference to the Board there was substituted,
with respect to anything falling to be done on or after
the commencement of this Act, a reference to the
Agency; or

(c) for any reference to any officer of the Board, not being a
party to it and beneficially interested, there were
substituted, as respects anything falling to be done on or
after the commencement of this Act, a reference to
such officer of the Agency as it shall designate.

Interpretation
Act No. 24 of
2007

Transfer of
assets and
liabilities

Staff of
Board

Tourism and Hospitality [No. 13 of 2015 309

(3) Where under this Act, any assets, rights, liabilities and
obligations of the Board are deemed to be transferred to the Agency
in respect of which transfer a written law provides for registration,
the Agency shall make an application, in writing, to the appropriate
registration authority for registration of the transfer.

(4) The registration authority, referred to in subparagraph (2),
shall make such entries in the appropriate register as shall give
effect to the transfer and, where applicable, issue to the transferer
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction.

4. (1) Any legal proceedings or application of the Board pending
immediately before the commencement of this Act by or against
the Board may be continued by or against the Agency.

(2) After the commencement of this Act, proceedings in respect
of any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Board, may be instituted by or against
the Agency.

Legal
proceedings

310 No. 13 of 2015] Tourism and Hospitality