PUBLIC RECORD OFFICE
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Reference :-
CO. 885
22 PUBLIC RECORD OFFICE. LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Animals
not to be
hunted, &c., with-
out special
licence.
Animals not
to bs bunted
without a
licence. Power to
vary Schedules.
Prohibi- tion on
J
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GENERAL. PROVISIONS.
III. (1) No person, unless he is authorised by a special licence in that behalf. shall hunt, kill or capture any of the animals mentioned in the first Schedule.
(2) No person, unless he is authorised by a special licence under this Ordinance. shall hunt, kill or capture any animal of the kinds mentioned in the second Schedule if the animal be (a) immature or (b) a female accompanied by its young.
IV. No person, unless he is authorised under this Ordinance, shall hunt, kill or capture any animal mentioned in the third Schedule.
V.
(1) The Governor may, if he thinks fit, by Proclamation, remove any animal from any of the Schedules, or declare that the name of any species, variety, or sex of animal, whether beast or bird, not mentioned in any Schedule hereto shall be added to a particular Schedule, or that the name of any species or variety of animal mentioned or included in one Schedule shall be transferred to another Schedule, and, if he thinks fit, apply such Proclamation to the whole of the Protectorate, or to any province, district or other area.
(2) Subject to the provisions of section fourteen sub-section two of this Ordi- nance, the Governor may, if he thinks fit, by Proclamation, alter the number of the animals of any species mentioned in any of the Schedules which may be hunted, killed or captured under a licence.
VI. (Î) Save as hereinafter provided no person shall export from the Pro tectorate for sale or shall within the Protectorate sell or purchase, or offer or expose Bale, &c. of for sale, any head, horn, hone, skin, feather, flesh, or any other part of any animal mentioned in any of the Schedules unless such animal has been kept in a domesticated
trophies.
Trophies liable to forfeiture.
Cases in
which trophies
may be
Bold.
Certificate to be issued on lawful sale.
Saving 88
to ivory.
Animals
state.
(2) Any animal or any heads, horns, tusks, skins, feathers, or other remains of any animals mentioned in any of the Schedules hereto shall be liable to forfeiture if they have been obtained in contravention of this Ordinance.
(3) Notwithstanding anything contained in this Ordinance any heads, horns, tusks, skins, feathers, or other remains of any animals mentioned in the Schedules may be sold in the following cases, and under the following conditions:-
(a) If they form part of the estate of a deceased person, by the Administrator
General or personal representative of such deceased person, with the consent of the Court granting probate or administration, and on pay ment of such fee as the Court directs, not exceeding 20 rupees. (b) If they have been forfeited, by the order of the Governor or of the Court
by which they have been declared to be forfeited.
(4) In any sale under sub-section five of this section purchasers shall in every case be given a certificate specifying the articles, and declaring that they have been lawfully sold under the provisions of this Ordinance, and such certificate shall be evidence that the purchaser has not obtained the goods in contravention of this Ordinance.
(5) Nothing contained in this section shall prevent the sale, purchase, transfer or export of clephant ivory or hippopotamus tusks which have been obtained without a contravention of this Ordinance.
(6) When any animal mentioned in any of the Schedules hereto is killed by killed by acci- accident, or when the carcase or remains of any animal shall be found, the head,
horns, tusks, or feathers of such animal shall belong to Government;
dent, &c., or found dead
the property of the Government. Power to pay com-
pensation.
Possession,
immature
ivory.
Provided that the Governor may waive these rights in any case as he may deem fit; and
Provided that the Governor may direct the payment to any person or persons so killing or finding of such compensation as shall cover the cost of transport of any ivory to the nearest station; and
May direct rewards to be paid for the finding of ivory.
VII. (1) No person shall possess, sell, transfer, or export, or attempt to sell, Bale, &c., of transfer or export any ivory which has been obtained in contravention of this Ordi- nance or of the Uganda Game Ordinance, 1906, or of any Ordinance or Regulations repealed by such last mentioned Ordinance, or any elephant tusk weighing less than 30 lbs., or any piece of ivory which formed part of a tusk under 30 lbs. in weight, unless such tusk or piece of ivory were lawfully obtained prior to the commencement of this Ordinance.
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(2) Provided that the Governor or any person authorised by the Governor in Reser- that behalf may possess, sell, or transfer within the Protectorate, or may export from vation the Protectorate any ivory belonging to the Government, or confiscated under the to the provisions of this Ordinance, or of any Regulation or Ordinance repealed by this Ordinance.
Governor.
ivory sold
(3) All such ivory possessed, sold, transferred or exported under the provisions Marking of of the last preceding sub-section shall be distinctively marked with such mark and under reser- in such manner as the Governor by notice published in the Official Gazette may vation. appoint.
(4) The purchaser or transferee of any ivory so sold or transferred under the Saving to provisions of sub-section two of this Section shall lawfully possess such ivory, and purchasers. may lawfully export such ivory from the Protectorate.
ivory already
(5) Notwithstanding anything in the foregoing section it shall be lawful for the Savings to Governor or any person authorised by the Governor in this behalf to permit the in posion. export of curios which may be made from female or immature ivory.
VIII. Whenever a person shall be charged with the offence of being in Onus of possession of or selling or transferring or exporting or attempting to sell, transfer proof. or export any ivory obtained in contravention of this Ordinance or of the Uganda Game Ordinance, 1906, or of any Ordinance or Regulations repealed by the last mentioned Ordinance, it shall be sufficient if the summons or charge shall allege that the ivory was obtained in contravention of the law, without specifying the law, and the onus shall then be on the person accused to produce satisfactory proof that the ivory was lawfully obtained under a licence granted under one of the aforementioned Ordinances or Regulations;
Provided, however, that, if the person accused shall fail to produce such proof but there shall not be sufficient evidence to prove that such person knew or ought to have known that the ivory was obtained in contravention of the law, the ivory shall be forfeited, but the person accused shall not be liable to either a fine or imprisonment.
IX. No person shall use any poison or, without a special licence, any dynamite Restriction of or other explosive for the killing or taking of any fish.
killing fish.
X. Where it appears to the Governor that any method used for killing or Power to capturing animals or fish is unduly destructive, he may, by Proclamation, prohibit prohibit such method, or prescribe the conditions under which any method may be used; and destructive if any person uses any method so prohibited, or uses any method otherwise than according to the conditions so prescribed, he shall be liable to the same penalties as for a breach of this Ordinance.
methods o capture.
XI. Save as provided by this Ordinance, or by any Proclamation under this Animals, Ordinance, any person may hunt, kill or capture any animal not mentioned in any &c., which of the Schedules, or any fish.
GAME RESERVES.
may be
killed
without licence.
XII. (1) The areas described in the fifth Schedule hereto are hereby declared Game to be game reserves.
reserves.
(2) The Governor, with the approval of the Secretary of State, may by Proclama- Power to tion declare any other portion of the Protectorate to be a game reserve, may define or declare, alter the limits of any game reserve, and this Ordinance shall apply to every such &c., game game reserve.
reserves.
(3) Save as provided in this Ordinance, any person who hunts, kills, or captures Prohibi- any animal in a game reserve, or is found within a game reserve under circumstances tion on showing that he was unlawfully in pursuit of any animal, shall be guilty of a breach hunting, of this Ordinance.
&c., withi
reserve.
(4) The Governor may by notice, to be published as directed by him, exempt from Power to protection any animal in a game reserve.
exempt from protection i reserves.
(5) For the purpose of this section the term "animal" shall be deemed not to Meaning exclude reptiles, amphibia, fishes, and invertebrate animals.
LICENCES TO RESIDENTS AND VISITORS.
"animal"
in the Section.
XIII. (1) The following licences may be granted by the Governor or any Licences District Commissioner or by such person or persons as may be authorised by the and by Governor :-
(a) A Resident's licence.
33189
(b) A Visitor's licence.
(c) A Fortnightly licence.
U 2
whom
issuel,