Laws of Malawi

Category: Subsidiary Legislation

Fully Consolidated and Annotated - 2024

Muli bwanji!Lilongwe

RAILWAYS: SUBSIDIARY LEGISLATION

RAILWAYS: SUBSIDIARY LEGISLATION RAILWAY ACCIDENTS RULES under s. 43 G.N. 181/191213/1946200/1963166/1967 1. Citation These Rules may be cited as the Railway Accidents Rules. 2. Particulars to be furnished The notice referred to in section 42 of the Act shall contain the following particulars—mileage or station, or both, at which the accident occurred; time and date of the accident; number and description of the train or trains; nature of the accident, number of people killed or injured as far as known; cause of the accident as far as known; probable detention to traffic. 3. Accidents of which telegraphic notice is required In the case of the following accidents— (a) accidents attended with loss of human life, or with grievous hurt or with serious injury to property; or (b) collisions between trains, one of which is a train carrying passengers; or (c) derailment of any train carrying passengers, or of any part of such a train, such notice shall be sent, by telegraph, immediately after the accident has occurred by the station master of one or other of the stations between, or of the station at, or where there is no station master, by the railway servant in charge of the section of the railway on which the accident has occurred. DUTIES OF RAILWAY SERVANTS 4. Railway servants to report accidents coming to their notice Every railway servant shall report, with as little delay as possible, every accident occurring in the course of working the railway on which he is employed which may come to his notice. Such reports shall be made to the nearest station master, or, where there is no station master, to the railway servant in charge of the section of railway on which the accident has occurred. 5. General Manager to cause inquiry to be held (1) Whenever an accident such as is described in section 42 of the Act has occurred in the course of working a railway the General Manager shall cause an inquiry to be promptly made by a Committee of Railway Officers (to be called a Joint Inquiry) for the thorough investigation of the causes which led to the accident: Provided that such inquiry may be dispensed with— (a) if the accident has not been attended with loss of human life or with serious injury to person or property; or (b) if there is no reasonable doubt as to the cause of the accident. (2) Where such inquiry is dispensed with it shall be the duty of the Head of the Department of the railway responsible for the accident to make such inquiry (to be called a Departmental Inquiry) as he may consider necessary, and if his staff or the system of working is at fault to adopt or suggest such measures as he may consider expedient for preventing a recurrence of similar accidents. 6. Notice of inquiry to be given to magistrate (1) Whenever a Joint Inquiry is to be made, the General Manager shall cause notice of the date and hour at which the inquiry will commence to be given to the District Commissioner having jurisdiction over that section of the line in which the accident occurred, or to such other magistrate as may be appointed by the Chief Justice in that behalf. (2) The date and hour at which the inquiry will commence shall be fixed so as to allow the officer referred to in subrule (1) sufficient time to reach the place where the inquiry is to be held. 7. General Manager to receive report of Joint or Departmental Inquiry and to transmit same to magistrate (1) As soon as the Joint or Departmental Inquiry has been completed, the Chairman of the Committee or the Head of the Department, as the case may be, shall send to the General Manager a report which in the case of all accidents of the nature described in rule 16 shall be submitted in the form prescribed by that rule. (2) The General Manager shall forward, with his remarks as to the action it is intended to take in regard to the staff responsible for the accident, or for the revision of the rules or system of working, a copy of such report to the District Commissioner having jurisdiction over that section of the line in which the accident occurred or to such other magistrate as may be appointed by the Chief Justice in that behalf. (3) Such copy shall be accompanied by a statement of the person, if any, whom the General Manager desires to prosecute, and a copy of the evidence taken at the inquiry. 8. General Manager to give reasonable aid to authorities (1) Whenever any accident has occurred in the course of working a railway, the General Manager shall give all reasonable aid to the District Commissioner or to the…

NATIONAL ROAD SAFETY COUNCIL OF MALAWI: SUBSIDIARY LEGISLATION

NATIONAL ROAD SAFETY COUNCIL OF MALAWI: SUBSIDIARY LEGISLATION NATIONAL ROAD SAFETY COUNCIL OF MALAWI (ROAD SAFETY LEVY) ORDER under s. 15 G.N. 57/19911/200113/2006 1. Citation This Order may be cited as the National Road Safety Council of Malawi (Road Safety Levy) Order. 2. Interpretation In this Order— “insurer” means any company registered and authorized to underwrite motor vehicle insurance in accordance with the provisions of the Insurance Act. 3. Imposition of road safety levy on insurers (1) There is hereby imposed on every insurer a levy, to be known as road safety levy, payable quarterly by the insurer to the Council at the rate of one per cent (1%) of the total premiums received quarterly by the insurer in respect of motor vehicle insurance as shown in the insurer’s audited accounts. (2) The Council shall have access to insurers’ books for inspection, verification and audit and shall receive quarterly returns or statements of motor vehicle premiums clearly showing date insured, categories and exact amounts. (3) The amount of road safety levy imposed under subparagraph (1) may be paid in lump sum or in instalments but in either case the total amount shall be payable not later than fifteen days after the end of the insurer’s financial year. (4) An insurer who fails to pay the full amount of road safety levy in respect of any financial year within the period allowed in subparagraph (2) shall, in addition to any amount of levy outstanding, be liable to a penalty equal to twenty per cent (20%) of the total amount outstanding in any month or part of any month after that period. (5) An insurer who fails to submit quarterly returns or statements as required under subparagraph (2) commits an offence and shall be liable, upon conviction, to a fine of K30,000. 4. Recovery of road safety levy The amount of road safety levy and the penalty payable under paragraph 3 shall constitute a debt owing by the insurer to the Council and shall be recoverable by civil proceedings.

ROAD TRAFFIC: SUBSIDIARY LEGISLATION

ROAD TRAFFIC: SUBSIDIARY LEGISLATION ROAD TRAFFIC (MISCELLANEOUS FEES) REGULATIONS under s. 181 G.N. 26/199828/19993/200210/200325/201030/201417/201555/201776/201966/2024 1. Citation These Regulations may be cited as the Road Traffic (Miscellaneous Fees) Regulations. 2. Fees The fees specified in the Second Column of the Schedule are hereby prescribed and shall be charged in respect of the matters set out in the First Column of the Schedule. reg. 2 SCHEDULE First ColumnSecond Column Kt A.—Road Service Permits (Application and Issue) 1.Road Service Permit, per year of validity or part thereof— (a)operator registration fee (only for new entrants)15,00000 (b)duplicate operator certificate15,00000 (c)short-term road service permit (three months or less)8,00000 (d)permit for goods vehicles of 3.5 tonnes GVM or below12,00000 (e)permit for goods vehicles above 3.5 GVM12,00000 (f)permit for passenger service vehicles of 3.5 tonnes GVM or below 15,00000 (g)permit for passenger service vehicles above 3.5 tonnes GVM 20,00000 (h)trailer for carriage of goods for hire or reward of 3.5 tonnes GVM or below15,00000 (i)trailer for carriage of goods for hire or reward above 3.5 tonnes GVM20,00000 2.Duplicate of Road Service Permit listed in paragraph 1— (a)permit for goods vehicles of 3.5 tonnes GVM or below 20,00000 (b)permit for goods vehicles above 3.5 GVM 20,00000 (c)permit for passenger service vehicles of 3.5 tonnes GVM or below 20,00000 (d)permit for passenger service vehicles above 3.5 tonnes GVM 20,00000 (e)trailer for carriage of goods for hire or reward of 3.5 tonnes GVM or below20,00000 (f)trailer for carriage of goods for hire or reward above 3.5 tonnes GVM20,00000 3.Endorsement of Road Service Permit A or B or variation of terms thereof15,00000 4.Special Journey Road Service Permit in respect of vehicles registered in Malawi— (a)seven days 5,00000 (b)fourteen days8,00000 (c)twenty-eight days10,00000 (d)more than twenty-eight days but not exceeding three months15,00000 5.Short-term Road Service Permit issued in respect of foreign registered vehicles, per month or part thereofUSD300 6.Application for a Road Service Permit by foreign operators from countries which are not members of COMESA USD450 7.Renewal for a Road Service Permit by foreign operators from countries which are not members of COMESA USD450 8.International Cross-border Road Service Permit, per annum or part thereof 25,00000 9.Renewal of International Cross-border Service Permit or part thereof25,00000 10.Duplicate Cross-border Permit20,00000 11.Application for awkward, abnormal or dangerous load*60,00000 12.Special Exemption Permit application for awkward, abnormal or dangerous load**60,00000 *When vehicle load has exceeded the GVM, the excess load schedule fees shall apply **Malawi registered vehicles holding valid International Road Service Permit under paragraph 8 shall automatically be entitled to a local permit or part thereof while trailers shall have Road Service Permit class B 13.Weighing certificate5,00000 14.Uplifting operator certificate after suspension30,00000 B.—Valuation of Motor Vehicles 1.Commercial valuation 20,00000 2.Valuation for purposes of acquiring a Government loan10,00000 C.—Driving Schools and Instructors Licensing 1.Instructor’s registration (new applicants only)25,00000 2.Instructor’s licence renewal, per annum20,00000 3.Instructor’s learner licence10,00000 4.Aptitude test for an instructor10,00000 5.Duplicate instructor’s licence20,00000 6.Driving school registration (new applicants only)100,00000 7.Duplicate driving school registration certificate20,00000 8.Inspection/re-inspection fees25,00000 9.Driving school licence renewal, per annum 50,00000 10.Amendment/endorsement fees 15,00000 11.Appeal to the Minister20,00000 D.—Driving Licences 1.Application for driving licence for five years20,00000 2.Duplicate driving licence20,00000 3.Learner’s licence8,00000 4.Learner’s aptitude test 5,00000 5.Extension of driving licence by endorsement15,00000 6.Professional driving permit for two years15,00000 7.Duplicate professional driving permit 20,00000 8.Aptitude test for professional driving permit10,00000 9.Driving test10,00000 10.Special driving test15,00000 11.Renewal of driving licence for— (a)five years20,00000 (b)late renewal of driving licence test10,00000 (c)renewal of PrDP (two years)15,00000 12.Renewal of driving licence for holders aged sixty-five years and above3,00000 13.Conversion of foreign driving licence for five years100,00000 14.Appeal to the Minister20,00000 15.Uplifting driving licence after suspension60,00000 E.—International Circulation 1.Application for, and issuance of, an international driving permit20,00000 2.Renewal of international driving permit20,00000 3.Short-term permit for foreign registered vehicle USD100 F.—Public Service Vehicle Driver Identity 1.Public service vehicle driver or crew identity card10,00000 2.Duplicate public service vehicle driver or crew identity card10,00000 G.—Vehicle Registration 1.First registration of motor vehicles25,00000 2.Duplicate registration certificate 20,00000 3.Duplicate of any licence or token10,00000 4.Duplicate authority to purchase registration plates15,00000 5.Temporary vehicle registration card or special permit15,00000 6.Registration of change of— (a)title holder (endorsement) 20,00000 (b)ownership20,00000 7.Removal of endorsement20,00000 8.Vanity (personalized) registration for motor vehicle700,00000 9.Appeal to the Director10,00000 10.Appeal to the Minister20,00000 11.Change of address of owner for any registration15,00000 12.Change of motor vehicle particulars or colour15,00000 13.Special selection of registration number100,00000 14.Booking or reservation of a special registration number15,00000 15.Re-registration of motor vehicle after de-registration— (a)re-institution after recovery by police 20,00000 (b)rebuilt after being written off20,00000 (c)State authorized 000 16.De-registration of motor vehicle for— (a)export purposes 10,00000 (b)permanent destruction/breaking-up5,00000 17.Re-allocation of number80,00000 18.Booking for registration number reservation20,00000 H.—Annual Licensing of Vehicles Collection and amount shall be as determined by the Minister*. I.—Examination of Motor Vehicles 1.Examination of a— (a)motor vehicle of 3.5 tonnes gross weight or less (private motor vehicle)24,00000 (b)motor vehicle of 3.5 tonnes gross weight…

MILK AND MILK PRODUCTS: SUBSIDIARY LEGISLATION

MILK AND MILK PRODUCTS: SUBSIDIARY LEGISLATION MILK AND MILK PRODUCTS (DAIRY ADVISORY COMMITTEE) (ESTABLISHMENT) ORDER under s. 4 G.N. 31/1973 1. Citation This Order may be cited as the Milk and Milk Products (Dairy Advisory Committee) (Establishment) Order. 2. Establishment of a Dairy Advisory Committee A Dairy Advisory Committee for the Southern Region, to be known as the Southern Region Dairy Advisory Committee, is hereby established. MALAWI DAIRY INDUSTRIES CORPORATION (ESTABLISHMENT) ORDER under s. 6 G.N. 45/1987 PART IPRELIMINARY 1. Citation This Order may be cited as the Malawi Dairy Industries Corporation (Establishment) Order. 2. Interpretation In this Order— “Board” means the Board of Directors of the Corporation appointed under paragraph 4. PART IIESTABLISHMENT AND COMPOSITION OF THE MALAWI DAIRY INDUSTRIES CORPORATION 3. Establishment of the Corporation There is hereby established a body to be known as the Malawi Dairy Industries Corporation which shall— (a) be a body corporate with perpetual succession and a common seal; (b) in its corporate name, be capable of suing and being sued; (c) be capable of holding, purchasing and otherwise acquiring and disposing of any property, moveable or immoveable, for the purposes, or in the course, of carrying out its functions; and (d) be capable of doing and performing all such acts and things as bodies corporate may by law do and perform. 4. Board of the Corporation The operations of the Corporation shall be managed and controlled by a Board of Directors which, subject to the special or general directions of the Minister, may exercise all the powers of the Corporation. 5. Composition of the Board (1) The Board shall consist of— (a) one member appointed by the Minister and designated by him as chairman of the Board; (b) two members appointed by the Minister from the private sector, one as representative of the retail trade, and the other as representative of consumers, of dairy products; (c) two members representing the interests of producers appointed by the Minister, one as representative of smallholder producers and the other as representative of estate producers, of dairy products; (d) the following ex officio members— (i) the Secretary for Agriculture or his representative; (ii) the Secretary to the Treasury or his representative; (iii) the Secretary to the President and Cabinet or his representative; and (iv) the Secretary for Trade, Industry and Tourism or his representative; (v) the Chief Veterinary Officer. (2) A member of the Board shall, subject to the power of the Minister at any time to terminate the appointment of that member, or unless he otherwise ceases to be a member, hold office for such period, not exceeding two years, as the Minister may specify in the instrument of appointment or, if no such period is specified, for a period of two years from the date of his appointment, and shall be eligible for re-appointment. (3) Any member of the Board may at any time resign his membership by giving notice in writing to the Minister, and from the date specified in the notice he shall cease to be a member of the Board. (4) A member of the Board shall be paid out of the funds of the Corporation such allowance as the Minister may from time to time determine. (5) Upon the appointment of the Board and upon every appointment thereto of a member, the Minister shall cause notice of such appointment to be published in the Gazette and such notice shall specify the current membership of the Board resultant upon such appointment. (6) Where any member of the Board ceases to be a member before the normal expiration of the term of his office, the Minister may appoint another person in his stead to hold office until the expiry of the term. (7) In subparagraphs (2), (3), (4), (5) and (6) of this paragraph— “member” means a member of the Board who is not an ex officio member. 6. Procedure at meeting of the Board (1) The Board shall meet at such times and places as may be necessary or expedient for the transaction of its business. (2) At any meeting of the Board five members thereof shall constitute a quorum. (3) The Board may elect any member thereof to be vice-chairman of the Board. (4) At any meeting of the Board the chairman shall preside or, in the absence of the chairman, if a vice-chairman has been elected the vice-chairman shall preside or, if no vice-chairman has been elected or if the vice-chairman is also absent, the members present at the meeting shall elect one of their number to be chairman for that meeting. (5) In the event of an equality of votes, the chairman of the meeting shall have a casting vote in addition to his deliberative vote. (6) Minutes in proper form of each meeting of the Board shall…

COMMUNICATIONS: SUBSIDIARY LEGISLATION

COMMUNICATIONS: SUBSIDIARY LEGISLATION COMMUNICATIONS (NUMBERING) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Scope and application 4. Objective PART IICONTENTS OF THE NATIONAL NUMBERING PLAN 5. Publications of the National Numbering Plan 6. Allocation status 7. Usage conditions 8. Limitations on providing services PART IIIAMENDMENTS TO THE NATIONAL NUMBERING PLAN 9. Amendment to the National Numbering Plan 10. Factors to consider when amending the National Numbering Plan 11. Amendment to the National Numbering Plan 12. Timing of amendment to the National Numbering Plan 13. Implementation of amendments PART IVUTILIZATION OF NUMBERS 14. Monitoring utilization of numbers 15. Publications of number utilization 16. Utilization status PART VASSIGNMENT OF NUMBERS 17. Details for assignment application 18. Power of the Authority to grant assignment 19. Factors in deciding application for assignment 20. Timeframe for assignment decisions 21. Assignment conditions PART VIRETURNING BLOCKS 22. Details for applications for returning blocks PART VIIWITHDRAWAL OF NUMBERS 23. Conditions for withdrawing numbers 24. Notification of withdrawal of numbers 25. Implementation of withdrawals of a block PART VIIIBRINGING NUMBERS INTO SERVICE 26. Appointment of contact person 27. Forwarding of information about contact points 28. Timing for bringing numbers into service 29. Conditions for barring numbers 30. Limitations on routing traffic to and from a number PART IXNUMBER PORTABILITY 31. Factors to consider for number portability 32. Condition for exporting numbers 33. Limitations on importing numbers 34. Conditions for returning imported number PART XTRANSFERRING OF ASSIGNMENTS 35. Transfer of assignment 36. Conditions for transferring assignments 37. Effect of a transfer PART XILIMITATIONS ON RIGHTS OF LICENSEES TO USE NUMBERS 38. Limitations on rights to a number 39. Limitation on assignment of numbers 40. Limitation on putting into use 41. Limitation on number portability 42. Limitations not prejudicial to other conditions PART XIIRIGHTS OF SUBSCRIBERS RELATING TO NUMBERS AND CODES 43. Conditions for changing consumer numbers 44. Refusal to change a number or code 45. Limitations on changing network termination points 46. Compensation to subscribers 47. Conditions for supplying information about holders of number 48. Presentation of calling line identities PART XIIIFEES FOR ASSIGNMENTS 49. Publications of the schedule of fees for assignments 50. Factors in determining numbering fee schedule 51. Payment of fees for assignment PART XIVOFFENCES AND ENFORCEMENT 52. Offences 53. Regulatory sanctions 54. Factors in applying enforcement measures 55. Further directions G.N. 23/2019 COMMUNICATIONS (NUMBERING) REGULATIONS under s. 200 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Communications (Numbering) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “allocation status” means the status of a block as established under regulation 6; “block” means a set of blocks that consist of numbers that are defined in the National Numbering Plan; “code” means a positive integer that forms the most significant digits of each of the numbers in a block; “interconnecting licensee” means a licensee that has an agreement allowing interconnexion with another licensee at a network termination point; “National Numbering Plan” means the plan incorporating the conventional numbering developed in accordance with regulation 5; “network termination point” means a point at which a consumer has physical access through end user terminal equipment to a network of a licensee; “number” means a sequence of digits that might be used to identify the network termination points that are associated with a particular service or consumer; “number portability” means the process of letting a consumer migrate a service from one licensee to another licensee without changing the number assigned; “subscriber” means any individual, business or entity that purchases or subscribes to any communication service and includes any person who agrees to receive and pay for a service; “usage conditions” means conditions to be satisfied by a licensee in providing the services that use the numbers in a block; “utilization” means the proportion of numbers that have active as their utilization status as outlined in regulation 16; and “utilization status” means the status of a number as outlined in regulation 16. 3. Scope and application (1) These Regulations shall apply to network services and application services licensees. (2) Without prejudice to the generality of subregulation (1), these Regulations shall apply to— (a) control, planning, administration, management and assignment of numbers by the Authority; and (b) setting out of the rules for the assignment, transfer, porting and use of numbers under the National Numbering Plan. (3) For the purpose of these Regulations, numbers shall mean conventional telephone numbers and short codes. 4. Objective The objective of these Regulations is to promote investment, facilitate competition and protect subscribers by ensuring that— (a) numbers are understood as a vital and scarce national resource that is not owned by subscribers or licensees; (b) numbers are assigned efficiently, transparently and fairly, without undue discrimination against particular subscriber classes, licensee types and communications technologies; (c) shortages of numbers are…

NATIONAL PARKS AND WILDLIFE: SUBSIDIARY LEGISLATION

NATIONAL PARKS AND WILDLIFE: SUBSIDIARY LEGISLATION NATIONAL PARKS AND WILDLIFE (USE OF SUBSTANCES OR DEVICES IN HUNTING) REGULATIONS under s. 72 G.N. 80/1994102/2018 1. Citation These Regulations may be cited as the National Parks and Wildlife (Use of Substances or Devices in Hunting) Regulations. 2. Use of gin traps (1) No person shall be in possession of or use a gin trap in hunting any animal. (2) This regulation shall not apply to an officer while acting in the performance of his duties under the Act. 3. Unlawful methods (1) Subject to subregulation (2), no person shall without the written permission of an officer— (a) use or have in his possession for the purpose of hunting any animal, any net, trap, pitfall, snare, or similar appliance: Provided that where any snare, pitfall or trap is used on or immediately adjacent to cultivated land, no such written permission shall be required; (b) use, together with any firearm, any light, lamp or flare for the purpose of hunting any animal: Provided that this paragraph shall not apply to any person lawfully hunting crocodiles; (c) use any bait, decoy, or calling device or any other substance or device to bring protected species into closer range for hunting; (d) use hides, blinds or stands in hunting; (e) hunt any animal in the vicinity of salt licks, water holes or isolated watering places used by wild animals; or (f) discharge any weapon at any protected species from or within fifty metres of any motor vehicle, aircraft or boat: Provided that a person lawfully hunting crocodiles may discharge a weapon from a boat. (2) This regulation shall not apply to an officer while acting in the performance of his duties under the Act. 4. Seizure of gin traps and other articles An officer may seize any article, appliance, device, or substance mentioned in regulation 2 or regulation 3 found in the possession of any person without the written permission of the Director in such circumstances as to lead to a reasonable suspicion that it has been used or that there is an intention to use it for the purpose of hunting, and shall take anything so seized before a Magistrate to be dealt with according to law. NATIONAL PARKS AND WILDLIFE (CONTROL OF TRADE IN LIVE ANIMALS) REGULATIONS under s. 87 (1) G.N. 81/199470/2018 1. Citation These Regulations may be cited as the National Parks and Wildlife (Control of Trade in Live Animals) Regulations. 2. Trading in live wild animals No person shall carry on trade in live wild animals unless he is in possession of a live wild animal dealer’s permit which shall be in the form set out in the First Schedule and such permit shall be issued subject to payment of appropriate fee set out in the Second Schedule. reg. 2 FIRST SCHEDULE NATIONAL PARKS AND WILDLIFE ACT (CAP. 66:07) NATIONAL PARKS AND WILDLIFE (CONTROL OF TRADE IN LIVE ANIMALS) REGULATIONS A Live Wild Animal Dealer’s Permit Name of dealer: National identity number and/or passport number: Physical address: Postal address: is hereby permitted to domesticate the following wild animals— (a) ……………………………………………………………………………………………… (b) ……………………………………………………………………………………………… (c) ……………………………………………………………………………………………… at on the following conditions (conditions to include how the animal was obtained)— Date of issue: Date of expiry: Fee paid: GR number: Signature of dealer: Right thumb print of dealer/representative: Passport photo of dealer: (Official stamp) Director reg. 2 SECOND SCHEDULE FEES MatterFee per annum Kt A live wild animal dealer’s permit100,00000 NATIONAL PARKS AND WILDLIFE (WILDLIFE RANCHING) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Permit to operate a wildlife ranch 4. Inspection 5. Harvesting 6. Release into the wild 7. Destruction of escaping animals 8. Records 9. Killing of animals on a wildlife ranch FIRST SCHEDULE SECOND SCHEDULE G.N. 82/199476/2018 NATIONAL PARKS AND WILDLIFE (WILDLIFE RANCHING) REGULATIONS under s. 87 1. Citation These Regulations may be cited as the National Parks and Wildlife (Wildlife Ranching) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “permit” means a permit to operate a wildlife ranch issued under regulation 3; “ranched animal” means an animal lawfully raised or introduced on a wildlife ranch; “wildlife ranch” means a managed area of land harbouring wildlife roaming freely in such area, but does not include a zoo. 3. Permit to operate a wildlife ranch (1) No person shall operate a wildlife ranch unless he has a wildlife ranching permit in the form set out in the First Schedule and such permit shall be subject to payment of appropriate fees prescribed in the Second Schedule. (2) A permit shall not be issued to any applicant unless— (a) the applicant has no record of previous conviction under the Act; (b) the applicant has title documents for land ownership or use; (c) the area for the proposed wildlife ranch is…

MEAT AND MEAT PRODUCTS: SUBSIDIARY LEGISLATION

MEAT AND MEAT PRODUCTS: SUBSIDIARY LEGISLATION Law Revision Commissioner’s Note: Under the provision of section 14 (i)(e) of the General Interpretation Act. Any subsidiary legislation hereinafter shown as made under the Meat Marketing Act (Now repealed) is deemed to remain in force only to the extent that it is capable of being enacted under the Meat and Meat Products Act and is not inconsistent therewith. MEAT AND MEAT PRODUCTS (EXEMPTIONS) REGULATIONS under s. 4 G.N. 71/1976 1. Citation These Regulations may be cited as the Meat and Meat Products (Exemptions) Regulations. 2. Exemptions The meats set out in the Schedule hereto shall be exempt from the provisions of the Meat and Meat Products Act. SCHEDULE All imported tinned meats All imported potted meats Meat soups Meat pies Meat pasties Edible meat fats Tallow All cooked meats other than cooked pork, cooked ham and cooked bacon SPECIFIED AREAS NOTICE under s. 4(1) G.N. 64/1965268/1970 The Minister has declared the Town Planning Area of the City of Blantyre, the Town Planning Area of Zomba and that part of the Thyolo District lying on the Blantyre side of the Nswadzi River to be areas specified for purposes of section 4 (1) of the Act. SPECIFIED PLACES NOTICE under s. 4(2) G.N. 115/1985 1. Citation This Notice may be cited as the Specified Places Notice. 2. Specified places for purchase of cattle The Cold Storage Company Limited, having been granted a licence to own, operate, manage and conduct abattoir in the City of Blantyre and City of Lilongwe, shall be required to purchase all cattle offered to it at the places specified in the Schedule hereto. SCHEDULE (reg. 2) 1. The cattle market situate in the area known as the Likangala Dip-Tank site near Zomba; 2. The cattle market situate in the area behind and adjacent to the produce market in Lilongwe; 3. The cattle market situate 0.80 kilometres north-east of Mponela near the bank of the Kasangadzi River; 4. The cattle market situate in the area adjacent to the area known as the Kwataine Dip-Tank site in Ntcheu District; 5. The cattle market situate in the area known as the Dedza Dip-Tank site in Dedza District; 6. The cattle market situate in the area known as the Phazi Dip-Tank site approximately 82.13 kilometres south of Mzimba; 7. The cattle market situate 1.20 kilometres south-west of Mzimba Boma and adjacent to the airfield known as the Mzimba Cattle Market; 8. The cattle market situate in the area known as the Gowoka Dip-Tank site approximately 77.29 kilometres north of Mzimba; 9. The cattle market situate 1.20 kilometres from M1-S8 road junction and adjacent to S8 road approximately 8.05 kilometres south of Rumphi known as the Bwengu Cattle Market; 10. The cattle market situate 1.60 kilometres north of Nthalire Traditional Court near the bank of Ziwa River known as the Nthalire Cattle Market; 11. The cattle market situate in the area known as the Kaseye Dip-Tank site; 12. The cattle market situate 182.80 metres west of Karonga Kamuzu Highway and approximately 41.87 kilometres south of Karonga known as the Ngara Cattle Market; 13. The cattle market situate in the area known as the Nsanje Dip-Tank site; 14. The cattle market situate in the area known as the Bangula Dip-Tank site; 15. The cattle market situate in the area known as the Ngabu Dip-Tank site; 16. The cattle market situate in the area known as the Muona Dip-Tank site; 17. The cattle market situate in the area known as the Kanjedza Dip-Tank site; 18. The cattle market situate in the area known as the Symon Dip-Tank site; 19. The cattle market situate in the area known as the Mikoko Dip-Tank site; 20. The cattle market situate approximately 0.40 kilometres south of the Chigumukile Trading Centre known as the Putheya Cattle Market; 21. The cattle market situate on the west side of the Neno-Kirk Range road approximately 0.80 kilometres north of Neno Trading Centre known as the Neno Cattle Market; 22. The cattle market situate 548.40 metres from the Nathenje Trading Centre on the west bank of the Nathenje River known as the Nathenje Cattle Market; 23. The cattle market situate 3.60 kilometres south-west of Mitundu Trading Centre on the east bank of the Lisungwe River known as the Namaguya Cattle Market; 24. The cattle market situate 4.83 kilometres north of Kasungu on the north bank of the Kavunguti River known as the Kasungu Cattle Market; 25. The cattle market situate 32.20 kilometres from Lilongwe Town Centre on the north side of the main Lilongwe-Salima road known as the Chikusa Cattle Market; 26. The cattle market situate 182.80 metres north of the Linthipe Bridge and in the area known as the Linthipe Dip-Tank site; 27. The cattle market situate on the east bank of Namitete River, on the…

FERTILIZERS, FARM FEEDS AND REMEDIES: SUBSIDIARY LEGISLATION

FERTILIZERS, FARM FEEDS AND REMEDIES: SUBSIDIARY LEGISLATION NOTICE under reg. 2 G.N. 234/1970102/1992 The Minister has specified that the fertilizer or type of fertilizer referred to hereunder shall have the composition set out opposite thereto and hereunder for the purposes of the said Regulations— SCHEDULE PART ACOMPOUND FERTILIZERS NP2 O5K2 OBS Compound A218150.1 0.5 Nit 1.5 Amm15 Sul0.1 Compound B41815 Sul0.1 1.0 Nit 3.0 Amm15 Sul Compound C618150.1 2 Nit10 Sul 4 Amm5 Chlor Compound D618150.1 2.64 Nit10 Sul 5.36 Amm5 Chlor Compound S6186 Sul0.1 1.5 Nit 4.5 Amm Compound 20.20.020200 8.30 11.7 Amm Compound J15520 5.5 Nit 9.5 Amm20 Chlor Compound V418151.5 1 Nit15 Chlor 3 Amm Super Compound B (SB)5.3324201.58.4 1.73 Nit13.75 Sul 3.6 Amm6.25 Chlor Super Compound C (SC)824201.56.8 2.64 Nit13.75 Sul 5.36 Amm6.25 Chlor Super Compound D (SD)1024201.57.0 3.3 Nit13.75 Sul 6.7 Amm6.25 Chlor Compound 23.21.023210 8 Nit 15 Amm PART BSTRAIGHT FERTILIZERS (a)Phosphate (Straight) % Citric Soluble P2O5% Water Soluble P2O5Total % Single Superphosphate19.018.519.0 Double Superphosphate44.844.044.8 Di-ammonia phosphate18480 Mono-ammonia phosphate11510 (b)Nitrogen (straight) Nitrate %Amm %Total % Urea—4646 CAN (26)131326 CAN (28)141428 CAN (30)151530 Ammonium sulphate—2121 Nitrate of soda16—16 (c)Potash (straight) Amm % K%% K2O Muriate of potash50—60 Sulphate of potash40—48 FERTILIZERS AND FARM FEEDS (STERILIZATION OF ANIMAL PRODUCTS) REGULATIONS under s. 16 ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Application for registration of a sterilizing plant 3. Appeals against decisions of registering officer 4. Sterilizing of containers Schedules G.N. 140/197065/1996 1. Citation These Regulations may be cited as the Fertilizers and Farm Feeds (Sterilization of Animal Products) Regulations. 2. Application for registration of a sterilizing plant (1) An application for the registration of a sterilizing plant shall be made by completing in triplicate Part I of the form set out in the First Schedule and submitting it to the Registrar, Ministry of Agriculture and Natural Resources, P.O. Box 30134, Capital City, Lilongwe 3. (2) The Registrar shall, on registering a sterilizing plant, issue a certificate of registration by completing Part 2 of the aforesaid form and returning the certificate to the applicant. 3. Appeals against decisions of registering officer An applicant who wishes to appeal under section 10 of the Act shall— (a) request the Registrar, in writing, for the reasons for his refusing the application, imposing conditions or cancelling the registration and the Registrar shall, within twenty-one days of the receipt of such request, furnish the applicant, in writing, with such reasons; and (b) within sixty days of being notified of the refusal, imposition of conditions or cancellation, appeal to the Minister, in writing, against the registering officer’s decision. 4. Sterilizing of containers Substances of animal origin, after being sterilized, shall not be sold in containers that have previously been used for such substances unless such containers have been sterilized by one of the methods specified in the Second Schedule. FIRST SCHEDULE reg. 2 PRESCRIBED FORM FERTILIZERS, FARM FEEDS AND REMEDIES ACT PART IAPPLICATION FOR THE REGISTRATION OF A STERILIZING PLANT 1. Name of applicant ……………………………………………………………………. 2. Address of applicant ………………………………………………………………… 3. Address where plant is situated …………………………………………………. 4. Name and Trade Mark (if any) of plant ………………………………………. 5. Nature of materials to be sterilized …………………………………………….. 6. Number of sterilizing units ……………………………………………………….. 7. Method of sterilization* ………………………………………………………….. Period of registration for which application is made ………………………… ………………………20………….. to the 31st March, 20…………………………… Date ………………………………………. Signature …………………………………… *See the Second Schedule. PART II FOR OFFICIAL USE ONLY No. CERTIFICATE OF REGISTRATION I hereby certify that the sterilizing plant referred to in Part I has been registered. Date ………………………… Registering Officer ……………………………………. reg. 4 SECOND SCHEDULE METHODS OF STERILIZING SUBSTANCES OF ANIMAL ORIGIN AND USED CONTAINERS Bones and other substances of animal origin and containers previously used for such substances shall be sterilized by one of the following methods— 1. Subjection to moist heat under a pressure of not less than 2.11 kg per square centimetre for not less than thirty minutes. 2. In the case of bones, after being broken up, subjection to the vapour of benzol boiling between 95°C and 115°C for not less than eight hours. 3. In the case of blood, subjection to moist heat at a temperature of not less than 95°C for not less than ninety minutes. 4. In the case of marine products, subjection to heat for twenty minutes at a temperature of not less than 100°C. 5. In the case of used containers, subjection to steam under a pressure of not less than 1.76 kg per square centimetre for not less than fifteen minutes. FERTILIZERS REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation PART IQUALITY OF FERTILIZER 3. Composition and fineness of fertilizers 4. Approval of brand 5. Appeals against decisions of registering Officer PART IILABELLING OF CONTAINERS 6. Labelling of containers 7. Information on invoices PART IIISAMPLING AND ANALYSIS 8. Taking of samples 9. Analysis and…

CONTROL AND DISEASES OF ANIMALS: SUBSIDIARY LEGISLATION

CONTROL AND DISEASES OF ANIMALS: SUBSIDIARY LEGISLATION NOTE DECLARATION OF INFECTED AREAS under s. 4 The declarations made (and still in force by virtue of section 14 of the General Interpretation Act, Cap. 1:01) under section 4 of the Diseases of Animals Ordinance, 1922, No. 15 of 1922, are not published here. Some are published as Government Notices, others as General Notices in the Gazette. The declarations made under section 4 of the Act are not published here. They are published as General Notices in the Gazette. ANIMAL (IMPORT) RULES under s. 6 G.N. 235/1968 1. Citation These Rules may be cited as the Animal (Import) Rules. 2. Interpretation In these Rules, unless the context otherwise requires— “animal” includes animal semen, poultry, eggs and rabbits; “animal by-product” means any carcass, meat meal, blood meal, bone meal, biological products of animal origin, sera and vaccines for use on animals; “fodder” includes all types of forage used for animal food, and grains of any variety including grain offal. 3. Restriction on importation No person shall import or cause to be imported into Malawi any animal or animal by-product except under a permit in writing issued by the Chief Veterinary Officer under rule 4 who may attach to it such conditions as he deems necessary to prevent the introduction of disease into Malawi. Any person who imports or causes to be imported any animal of animal by-product without such permit or who contravenes any of the provisions or conditions of the said permit shall be guilty of an offence. 4. Permits (1) The Chief Veterinary Officer may, upon written application being made addressed to: Chief Veterinary Officer P.O. Box 30134 Capital Hill Lilongwe 3 or to the office of any veterinary officer, issue a permit under these Rules. (2) The issue of a permit in accordance with these Rules shall not relieve the holder of such permit from any requirements of any other law of Malawi in regard to imports, customs or excise. 5. Exemptions No person shall be required to obtain a permit in accordance with these Rules— (a) if the animal is in course of transit by air through Malawi from a place outside Malawi to another place outside Malawi and is not off-loaded within the boundaries of Malawi; (b) if the animal by-product or fodder is in course of transit by air or rail through Malawi from a place outside Malawi to another place outside Malawi and is off-loaded only for the purpose of transhipment. 6. Cancellation of permit (1) The Chief Veterinary Officer shall have power to cancel at any time a permit issued under these Rules. (2) In any case where a permit is cancelled the Chief Veterinary Officer shall, by notice in writing, inform— (a) the holder of such permit; and (b) the Controller of Customs and Excise, of such cancellation. 7. Powers of Chief Veterinary Officer (1) The Chief Veterinary Officer may require any animal, animal by-product or fodder— (a) to be examined by a veterinary officer; (b) to be held in quarantine for such period as is necessary to ensure that no disease is introduced into Malawi; (c) to be returned to its point of origin; (d) to be destroyed where, in his opinion, there is no practical alternative method of preventing the introduction of disease into Malawi. (2) Where any animal, animal by-product or fodder is held in quarantine or required to be returned to its point of origin or destroyed, the person who imports such animal, animal by product or fodder shall be liable for all costs in connexion with such quarantine, return or destruction. DISEASES OF ANIMALS RULES ARRANGEMENT OF RULES RULE 1. Citation 2–16. 17. Duties of veterinary officer and inspector 18. Power to require any animal to be disinfected and to take blood smears, etc. 19. Stray animals found suffering from disease 20. Payment for use of private land to quarantine travelling or stray animals 21. Destruction of carcasses of stray livestock 22. Carcass or carcasses not to be removed 23. Grass and herbage not to be removed from infected land 24. Compulsory dipping 25. Construction of dipping tanks may be ordered 26. Powers of inspectors 27. Penalty for failing to dip animals in areas not exempted 28. Intervals of dipping 29. Power to temporarily exempt from compulsory dipping 30. Power of Minister to temporarily exempt persons living in African areas 31. Movement of animals from exempted areas 32. Power to require provision of dipping facilities 33. Power of Government to act on behalf of absentee owners 34. Provision of dipping tanks in certain areas 35. Precautionary measures 36. Power to prohibit exhibition and public sale of stock 37. Disinfection of railway trucks, loading pens, etc. 38. Stock sale yards to be cleansed and disinfected 39. Testing with mallein, etc.…

FISHERIES CONSERVATION AND MANAGEMENT: SUBSIDIARY LEGISLATION

FISHERIES CONSERVATION AND MANAGEMENT: SUBSIDIARY LEGISLATION FISHERIES CONSERVATION AND MANAGEMENT (LOCAL COMMUNITY PARTICIPATION) RULES under s.59 G.N. 26/2000 PART IPRELIMINARY 1. Short title These Rules may be cited as the Fisheries Conservation and Management (Local Community Participation) Rules. 2. Interpretation In these rules, unless the context otherwise requires— “Committee” means a Beach Village Committee; “fishing industry” includes fishing, fish processing, fish marketing and fish trading; “subcommittee” means a subcommittee of a Beach Village Committee formed pursuant to rule 8; PART IIBEACH VILLAGE COMMITTEES 3. Formation of Committees Persons engaged in fishing in a particular fishing beach may form a Committee. 4. Jurisdiction of a Committee (1) The jurisdiction of a Committee shall be over one particular beach. (2) Where two or more Committees have competing jurisdiction over a beach, the Director shall determine the respective jurisdictions of the Committees. 5. Objects of Committees The object of Committee shall be to participate in the conservation and management of fisheries resources. 6. Duties of Committees (1) A Committee shall have the responsibility for the conservation and management of fisheries resources within its area of jurisdiction. (2) Without derogating from the generality of the provisions of subrule (1), a Committee shall have power to— (a) scrutinize applications in respect of registration of fishing vessels of small-scale commercial fishermen and subsistence fishermen; (b) scrutinize applications for fishing licences by small-scale commercial fishermen and subsistence fishermen; (c) keep records of vessels registered and licences issued in respect of its area of jurisdiction; (d) enforce fishing regulations pertaining to— (i) fish species; (ii) fish size; (iii) close season; (iv) fish sanctuaries (closed areas); (v) gear size, type and stowage thereof; and (vi) methods of fishing; (e) enforce conditions specified in licences; and (f) seize fishing vessels and fishing gears which are reasonably believed to have been used in contravention of the Fisheries Conservation and Management Act: Provided that the seized item shall be surrendered to a fisheries protection officer within 48 hours after the seizure. (3) For purposes of paragraphs (a) and (b) of subrule (2), the Director shall afford a Committee an opportunity to be heard in respect of applications relating to its area of jurisdiction. 7. Composition of a Committee A Committee shall consist of persons who are engaged in any aspect of fishing industry associated with a fishing beach. 8. Subcommittees For the proper management of the affairs of a Committee, each Committee shall form a subcommittee which shall consist of the following office bearers— (a) chairperson; (b) vice-person; (c) secretary; (d) vice-secretary; (e) treasurer; (f) vice-treasurer; (g) five subcommittee members. 9. Honorary fisheries officers The office bearers of a subcommittee shall be appointed honorary fisheries officers under section 4 (1) of the Fisheries Conservation and Management Act. 10. Constitution of Committee (1) A Committee shall adopt a constitution by which the operations of the Committee shall be governed. (2) A constitution of a Committee shall contain, inter alia, particulars pertaining to matters set out in the First Schedule. PART IIIREGISTRATION OF LOCAL VESSELS 11. Registration of local fishing vessels An owner of a local fishing vessel who intends to use the vessel for small-scale commercial or subsistence fishing shall apply to the Director for registration of the vessel through the Committee having jurisdiction over the beach in which he intends to do the fishing. 12. Register of local fishing vessels A Committee shall keep a register of local fishing vessels registered to fish within its area of jurisdiction. 13. Suspension or cancellation of licences A Committee may recommend to the Director that he should suspend or cancel any registration or licence made or granted under the Fisheries Conservation and Management Act or amend any of the terms or conditions thereof if— (a) the licensee or person owning the registered vessel is in breach of these Rules; (b) the Committee is satisfied that the registration or licence was made or granted in error or on the basis of false or misleading information; (c) the Committee has reason to believe that the holder of the registration or licence has contravened any of the conditions to which the registration or licence is subject; and (d) the Committee considers that such suspension or cancellation is required for the conservation and management of fisheries resources or economic benefit of Malawi. 14. Reports to the Director A committee shall every three months provide to the Director— (a) a copy of its register of local fishing vessels; and (b) a report on any new registration. PART IVFISHING LICENCES 15. Fishing prohibited without authority No person shall fish in fishing waters falling within the jurisdiction of a Committee unless he is authorized to do so by a licence or written authority of a Committee. 16. Application for a licence Written authority of a Committee under rule 15 shall be in…