| Update | Copy | Delete |
| Record identifier: | TIM-000876 |
| Record status: | C |
| Country: | Uganda [UGA] |
| Faolex ID: | LEX-FAOC192396 |
| In force: | Y |
| Sector: | WE-Environment/Wildlife |
| Type of text: | LE-Primary Legislation: Act/Law/Order |
| Date of Text: | 2019-07-01 |
| Title: | Uganda Wildlife Act, 2019. |
| Reference: | Arts.1; 3; 25-27; 29; 31; 33-34; 70-71 |
| Measures: | Art.1 Interpretation. In this Act, unless the context otherwise require […] ”alien species” means species of a plant or animal whose natural range does not or did not include a specific part of Uganda or the whole of Uganda; ”biodiversity” means the variability among living organisms from all sources including ecosystems, species, genetic diversity and the ecological complexes; ”CITES” means the Convention on International Trade in Endangered Species of Wild Flora and Fauna; ”CITES Management Authority” means an institution of Government designated as such in accordance with CITES; ”CITES Scientific Authority” means an institution of Government designated as such in accordance with CITES; ”conservation area” includes a wildlife protected area and a community wildlife management area or any other area declared to be a wildlife conservation arca; ”critically endangered' means wildlife that is at high risk of extinction in the wild in Uganda; ”wildlife” means any wild plant or animal species or their derivative products that are indigenous, migrated to or introduced in Uganda; ”wildlife conservation” means the protection, maintenance, rehabilitation, restoration, enhancement, management and sustainable use of wildlife and their ecosystems; [...]. Art.3 Ownership of wildlife. (1) The ownership of a wild animal and wild plant existing in the wild habitat in Uganda is vested in the Government on behalf of, and for the benefit of, the people of Uganda. (2) Where a wild plant or wild animal is lawfully taken by any person, the ownership of that plant or animal shall, subject to this Act, vest in that person. (3) If a protected species is lawfully taken under a permit or a licence issued or wildlife use right granted under this Act, the ownership of that animal or plant shall, subject to this Act and to the terms and conditions of the licence, vest in the licensee or a holder of a wildlife use right. (4) A wild plant or wild animal lawfully vested in a person, before the commencement of this Act shall, subject to this Act, continue to be vested in that person. (5) Except in accordance with a licence issued or wildlife use right granted under this Act, a person shall not claim ownership of any protected animal found dead or dying, or a protected plant that has been cut down. (6) The Minister may, on the advice of the Board, by regulations prescribe measures for the registration and management of the specimens used for cultural purposes by any community. Art.25 Procedure for the declaration of wildlife conservation area. (1) The Minister may, by statutory instrument, after consultation with the local government council in whose area a proposed wildlife conservation area falls and with the approval of Parliament signified by its resolution, declare an area of land or water to be a wildlife conservation area. (2) Before making a declaration under subsection (1), the Minister shall ensure that an environmental impact study and any other study that may be required, have been conducted in accordance with the National Environment Act, 2019. (3) A person conducting a study under subsection (2) shall investigate and make a report to the Minister on the social and ecological consequences of the declaration of the proposed wildlife conservation area. (4) The report made under subsection (3) shall be submitted to the Minister, together with the recommendation of the Board on the proposed declaration, within ninety days of the study being undertaken. Art.26 Description of wildlife conservation area. (1) A declaration under section 25(1) shall state: (a) whether the wildlife conservation area is to be a wildlife protected area or a wildlife management area; and (b) the name and detailed boundary description of the wildlife protected area or the wildlife management area under this section. (2) A wildlife protected area under subsection (1) shall be- (a) a national park; (b) a wildlife reserve; or (c) any other area the Minister may declare as a wildlife protected area. (3) A wildlife management area under subsection (1) shall be- (a) a wildlife sanctuary; (b) a community wildlife management area; or (c) any other area the Minister may declare as a wildlife management area. (4) The Minister may, by statutory instrument, made with the approval of Parliament, declare any other area other than the areas to which subsections (2) and (3) apply, to be a conservation area. (5) A national park declared under subsection (2)(a) shall be an area in which the following activities may be permitted- (a) biodiversity conservation; (b) recreation; (c) scenic viewing; (d) scientific research; and (e) any other compatible economic activity subject to this Act and after an environment impact assessment study has been conducted. (6) A wildlife reserve declared under subsection (2)(b) shall be an area in which the following activities are permitted- (a) conservation of biological diversity; (b) scenic viewing; (c) recreation; (d) scientific research; (e) regulated extractive utilisation of natural resources; and (f) any other compatible socio-economic activity subject to this Act and after an environment impact assessment study has been carried out. (7) A wildlife sanctuary declared under subsection (3)(a) shall be an area which has been identified as being essential for the protection of a species of wild animal or wild plant in which activities which are not going to be destructive to the protected species or its habitat may be permitted. (8) A community wildlife management area declared under subsection (3)(b) shall be an area in which individuals who have property rights in land may carry out activities for the sustainable management and utilisation of wildlife if the activities do not adversely affect wildlife and in which area the State may prescribe land use measures. (9) The Minister may, on the recommendation of the Board, and subject to section 25, upgrade the status of any wildlife management area to a wildlife reserve, or a wildlife reserve to a national park. Art.27 Purpose of wildlife protected area. (1) The purpose of declaring a wildlife protected area under section 26(2) shall be: (a) to preserve selected examples of the biotic communities of Uganda and their physical environments; (b) to protect areas of aesthetic beauty and of special interest; (c) to preserve populations of rare, endemic and endangered species of wild plants and animals; (d) to assist in water catchment conservation; (e) to generate economic benefits from wildlife conservation for the people of Uganda; (f) without prejudice to the purposes listed in paragraphs (a) to (d), and within any limitations imposed by them, to provide facilities for studying the phenomena in the wildlife conservation area for the advancement of science and understanding; and (g) without prejudice to the purposes listed in paragraphs (a) to (e), and within any limitations imposed by them, to provide facilities for public use and enjoyment of the resources in the wildlife conservation area. (2) The purpose of declaring a wildlife management area under section 26(3) shall be: (a) to manage and control the use of land by people and communities living in the area so that it is possible for wildlife, the people and communities to coexist and for wildlife to be protected; (b) to enable wildlife to have full protection in wildlife sanctuaries notwithstanding the continued use of the land in the area by people and communities ordinarily residing there; (c) to facilitate the sustainable exploitation of wildlife resources by and for the benefit of the people and communities living in the area; and (d) to permit the sustainable exploitation of the natural resources of the area, by mining and other like methods in a manner which is compatible with the continued presence in the area of wildlife. Art.29 General offences in wildlife conservation areas. Unless provided for by this Act, a person who in a wildlife conservation area: (a) hunts, takes, kills, injures or disturbs any wild plant, wild animal or domestic animal; (b) takes, destroys, damages or defaces any object of geomorphological, archaeological, historical, cultural or scientific interest, or any structure lawfully placed or constructed; (c) prepares land for cultivation, prospects for minerals or mines or attempts any of these operations; (d) drives, conveys or introduces any wild animal into a wildlife conservation area; (e) wilfully drives, conveys, introduces any domestic animal into a national park or negligently permits any domestic animal, of which he or she is for the time being in charge, to stray into a wildlife conservation area; or starts or maintains a fire without lawful authority, commits an offence. [...] Art.31 Use of wildlife resources. Where it is intended to harvest a wildlife resource, subject to section 35, the Executive Director shall ensure that the annual harvest does not exceed the sustainable yield level. Art.33 Regulations governing wildlife conservation areas. (1) Subject to section 6, the Minister may, on the advice of the Board, by statutory instrument, make regulations for the management of a wildlife conservation area declared under section 25. (2) Notwithstanding subsection (1) the regulations may provide for- (a) the use of weapons, traps, firearms, explosives or any other device; (b) the conditions under which a person, vehicle, boat or aircraft may enter, travel through, reside or be in a wildlife conservation area; (c) the conditions for lighting a picnic fire, the use of a lamp or fire or a general prohibition on the use of fire in a wildlife conservation area; (d) the control of the disposal of litter or waste; (e) the keeping of a domestic animal in a wildlife conservation area; (f) the control of the introduction of alien species of an animal or plant; (g) the control of the use of a wildlife resource; and (h) the prohibition or control of a commercial enterprise within a wildlife conservation area. (3) Regulations made under subsection (1) may, in respect of any contravention of any of the regulations - (a) prescribe a penalty of a fine not exceeding five thousand currency points or imprisonment not exceeding ten years, or both; (b) in the case of a continuing contravention, prescribe an additional penalty not exceeding five hundred currency points in respect of each day on which the offence continues; (c) prescribe a higher penalty not exceeding five thousand five hundred currency points or imprisonment not exceeding twelve years or both in respect of a second or subsequent contravention; or (d) provide for the forfeiture of anything used in the commission of the offence. Art.34 Declaration of protected species. (1) Wildlife species listed in the Third Schedule are protected species in Uganda. (2) Wildlife species which are protected under any international convention or treaty to which Uganda is a party and to which section 86 applies, are protected species. (3) The Minister shall, on the recommendation of the Board, by statutory instrument, publish in the Gazette an updated list of wildlife species of Uganda indicating the following conservation status: (a) extinct; (b) extinct in the wild; (c) critically endangered; (d) endangered; (e) vulnerable; (f) threatened; (g) nearly threatened; (h) data deficient; and (i) any other category. (4) An instrument made under subsection (3) may apply to an individual specie throughout Uganda, or to all or some species in a specified area or to varieties of species, including sex and age groups. (5) An instrument made under subsection (3) shall state whether a species of wild animal or plant shall be- (a) a fully protected species which may not be subject to wildlife use rights; or (b) a partially protected species to be utilized only subject to a grant of a wildlife use right. Art.70 General penalty. Subject to this Act, a person convicted of an offence under this Act for which no penalty is provided is liable: (a) in the case of a first offence, to a fine of not exceeding three hundred and fifty currency points or to a term of imprisonment not exceeding ten years or both; (b) in the case of a second or subsequent offence, to a fine not exceeding five hundred currency points or to a term of imprisonment not exceeding twenty years or both. Art.71 Offences relating to protected species. (1) A person who without a permit issued in accordance with this Act: (a) takes, hunts, molests or reduces into possession protected specimen; or (b) is found in possession of, sells, buys, transfers or accepts transfer of protected specimen; commits an offence, and shall on conviction be liable to a fine not exceeding ten thousand currency points or to life imprisonment or both. (2) Where an offence prescribed in subsection (1) relates to a specie classified as: (a) extinct in the wild; (b) critically endangered; or (c) endangered; a person shall on conviction be liable to a fine of not exceeding one million currency points or to life imprisonment or both. |
| Activity: | GE-General; CN-Conservation |
| Type of forest: | GE-General; CO-Community |
| Target subject: | ID-Indigenous; CM-Community; PS-Protected species |
| II. Timber Harvesting Activities: | protection of wildlife and biodiversity |