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Aquaculture Act (No. 18 of 2002).

Country
Type of law
Legislation
Source


Abstract
The Act consists of 49 sections divided into 9 Parts: Interpretation (I); Aquaculture policy (II); Aquaculture licences (III); Management and control measures(IV); Ownership of aquaculture products (V); Aquaculture development zones (VI); Enforcement (VII); Offences and penalties (VIII); General (IX).
The Minister responsible for fisheries shall formulate the general policy regarding aquaculture in Namibia in accordance with section. 2. The Aquaculture Advisory Council is established under section 3. The Council shall provide advice to the Minister as prescribed by this Act or at request of the Minister. A person may not engage in aquaculture, i.e. the farming and ranching of aquaculture organisms (defined in section 1) without a licence issued by the Minister in accordance with section 13 (sect. 11). A licence must be issued for the site defined in the licence and must specify the species of aquatic organisms that may be farmed or harvested at the site. A sea ranching licence confers upon the licensee an exclusive right to release and harvest aquaculture products within the site defined in the license. The Minister may attach conditions to the license regarding specified matters, e.g. water quality, use of drugs or hormones, quantity of produce, facilities, etc. (sect. 14). Section 17 provides for record keeping by licensees. The Minister may take over an aquaculture facility if it is abandoned or for other reasons set out in section 21. Section 22 concerns removal of aquaculture facilities and restoration of sites. Section 25 of Part IV requires persons engaged in aquaculture to report on presence of a disease or harmful organism in a facility. The Permanent Secretary of the Ministry undertakes actions in respect of affected aquaculture facilities as specified the same section. Section 26 provides for the monitoring of water quality. Section 27 places restrictions on the introduction of aquaculture organisms in Namibia or Namibian waters and the transfer of aquaculture organisms. Importation requires permission from the Minister (sect. 28). Purposes of an Aquaculture Development Zone, to be created by the Minister under section 33, are to promote aquaculture activities, to manage and control aquaculture and to protect aquaculture developments (sect. 32). Zones may be created in any area of Namibia or Namibian water including internal waters and the territorial sea. The Minister may regulate aquaculture in zones as defined in sections 33 and 34. Inspectors are appointed under section 36 and their powers are defined in section 37. Regulation making powers of the Minister are defined in section 43. The Minister may also issue codes of practice (sect. 48).
Long title of text
An Act to regulate and control aquaculture activities; to provide for the sustainable development of aquaculture resources; and to provide for related matters.
Date of text
Entry into force notes
The Act shall come into force on a date to be established by the Minister.
Notes
Promulgated by G.N. No. 231 of 2002.
Repealed
No
Source language

English

Legislation Amendment
No