Community Based Natural Resources Management Act, 2025.
Country
Type of law
Legislation
Abstract
The Community Based Natural Resources Management Act, 2025 establishes a statutory framework for implementing the Community Based Natural Resources Management (CBNRM) approach to ensure sustainable utilization of natural resources and cultural heritage by communities. The Act applies to biological and genetic resources, including cultural and traditional knowledge, but expressly excludes land and minerals governed by other legislation. The Act creates the Department of Community Based Natural Resources Management as a public office under the Public Service Act. Its functions include coordinating registration of Community Based Organisations (CBOs), overseeing sustainable resource management, facilitating technical advisory activities, promoting conservation, and ensuring transparency and accountability in CBO operations. The Department is also tasked with capacity building, public awareness, and issuing a standardized model constitution for CBOs. The Director of the Department is empowered to request records, conduct investigations, delegate functions, and liaise with wildlife authorities for hunting quotas. The Act prescribes a comprehensive process for registration of CBOs, requiring submission of prescribed forms, fees, constitutions, and detailed particulars of governance and operational areas. Applications must be published in the Gazette to allow objections. Registration confers corporate status, enabling CBOs to own property, enter contracts, and sue or be sued. Grounds for refusal include non-compliance, illegality, misleading information, duplication of names, or threats to public peace. Registration may be suspended or cancelled for contraventions of law or constitutional provisions, with due notice and compliance periods. The Act establishes a National Community Based Natural Resources Management Board, appointed by the Minister, comprising representatives from CBOs, public and private sectors, civil society, and a legal practitioner. The Board advises the Minister on policy, sets performance targets, resolves disputes, and submits quarterly reports. It also serves as an appellate body for disputes arising within CBOs. Each CBO must have a Board of Directors, appointed by community members, subject to strict qualification and disqualification criteria, including citizenship, residency, educational standards, and absence of political or public office conflicts. The Act mandates the creation of Technical Advisory Committees comprising specialists from public and private sectors to provide technical support, oversee governance processes, conduct audits, and mediate disputes.
Attached files
Long title of text
An Act to provide for the implementation of the Community Based Natural Resources Management (CBNRM) approach for the sustainable use of natural resources including cultural heritage by communities, and for matters connected or incidental thereto.
Date of text
Repealed
No
Source language
English
Legislation Amendment
No