Aquaculture Act, 2002
Act 18 of 2002
- Published in Government Gazette 2888 on 30 December 2002
- Assented to on 23 December 2002
- Commenced on 3 December 2003 by Commencement of the Aquaculture Act, 2002 (Act No. 18 of 2002)
- [This is the version of this document from 30 December 2002 and includes any amendments published up to 17 November 2023.]
Part I – INTERPRETATION
1. DefinitionsIn this Act, unless the context indicates otherwise -“advisory council” means the Aquaculture Advisory Council established by section 3;“aquaculture” means the farming and ranching of aquatic organisms;“aquaculture development zone” means any zone or area in Namibia, including water and land, created under Part VI for the primary purpose of aquaculture and in which specific measures are taken to encourage the development of aquaculture;“aquaculture facility” includes any equipment, construction or site in which aquaculture is conducted;“aquaculture product” means the aquatic organisms or part thereof, whether alive or dead, which are being, or have been farmed in an aquaculture facility in Namibia, or which are being, or have been ranched, in Namibian waters;“aquatic organisms” include live forms of fauna and flora that exist in water, excluding mammals, birds, amphibians and reptiles, except for those amphibians and reptiles declared to be aquatic organisms by the regulations;“inspector” means an aquaculture inspector designated under section 36;“licence” means a licence issued under section 13;“licensee” means the holder of a licence;“local authority” means a local authority council established by the Local Authorities Act, 1992 (Act No. 23 of 1992);“Minister” means the Minister responsible for fisheries;“Ministry” means the Ministry headed by the Minister;“Namibian waters” means the inland waters of Namibia as well as the internal waters and territorial sea, as defined in the Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act No. 3 of 1990) and includes the seabed up to the high water mark and further includes private water as defined under section 1 of the Water Act, 1956 (Act No. 54 of 1956);“natural phenomenon” includes harmful algal blooms;“Permanent Secretary” means the Permanent Secretary of the Ministry;“person” includes a natural person, a corporate entity, a traditional community and a conservancy;“pollution” means the direct or indirect introduction of pollutants into the air, water or land which have, or may have, a harmful or detrimental effect on human health or well being or on the environment;“prescribed” means prescribed by regulation;“regional council” means a regional council established under section 2 of the Regional Councils Act, 1992 (Act No. 22 of 1992);“sea ranching” means the type of aquaculture in which aquaculture products are intentionally released, without restriction, into the marine environment for the purpose of harvesting them when they mature;“site” means an area of land or water, including the seabed, in respect of which a person has applied for a licence;“this Act” includes any regulation or notice made under this Act;“traditional authority” means a traditional authority established in terms of section 2 of the Traditional Authorities Act, 2000 (Act No. 25 of 2000);“vehicle” means any conveyance capable of transporting goods or persons.
Part II – AQUACULTURE POLICY
2. Minister determines policy
3. Establishment of the Aquaculture Advisory CouncilThere is established a council, known as the Aquaculture Advisory Council, to advise the Minister in relation to any matter on which the Minister is required to consult the advisory council under this Act, any matter which the Minister refers to the advisory council for investigation and advice and on matters relating to aquaculture policy.
4. Constitution of the advisory council
5. Disqualification for membership of advisory councilA person does not qualify for membership of the advisory council if he or she -
6. Term of Office of members of advisory council[The word “Office” in the section heading should not be capitalised.]A member of the advisory council, other than the Permanent Secretary, holds office for a period of three years and is at the expiry of that period eligible for reappointment.
7. Vacation of office and filling of vacancies
8. Meetings of advisory council
9. Committees of advisory council
10. Performance of administrative work and financing
Part III – AQUACULTURE LICENCES
11. Aquaculture to be conducted only with a licenceA person may not engage in aquaculture -
12. Application for aquaculture licence
13. Issue of licences
14. Content of Licences[The word “Licences” in the section heading should not be capitalised.]
15. FeesThe Minister may, after consulting the advisory council, by notice in the Gazette determine any fees which are payable in respect of licences.
16. Change in structure, equipment and maintenance practicesWhere a licence contains a condition or conditions in respect of the structure, equipment and maintenance practices that may be employed in the aquaculture facility, the licensee shall not alter the structure, equipment or maintenance practices therein without the prior written approval of the Minister.
17. Records and reports
18. Renewal of licence
19. Suspension or cancellation of licence
20. Notification of decisionsWhere the Minister refuses to grant a licence to an applicant under section 13 or refuses to renew a licence under section 18 or suspends or cancels a licence under section 19, the Minister must in writing notify the licensee of the decision and the reasons for the decision.
21. Takeover of aquaculture facility by the Minister
22. Cessation of Aquaculture[The word “Aquaculture” in the section heading should not be capitalised.]
23. Transfer of licence
24. Register of licences
Part IV – MANAGEMENT AND CONTROL MEASURES
25. Report of disease or harmful organism
26. Water quality monitoring
27. Introduction and transfer of aquatic organisms
28. Import and export of live aquatic organisms
29. Handling and marketing of aquaculture productsA licensee or any other person may not, for the purpose of marketing, remove or transport from any site or sell, display or offer for sale, any aquaculture product or aquatic organisms without complying with the regulations.
30. Aquaculture in conservation areas or other protected areasWhere authorized under the management plan of any proclaimed conservation area or any other protected area, aquaculture within that area is subject to the specific law governing such proclaimed conservation or protected areas.
Part V – OWNERSHIP OF AQUACULTURE PRODUCTS
31. Ownership of aquaculture products
Part VI – AQUACULTURE DEVELOPMENT ZONES
32. PurposesThe purposes of an aquaculture development zone are -
34. Conduct of aquaculture in aquaculture development zonesThe Minister may, by notice in the Gazette, specify restrictions and conditions on the conduct of aquaculture in an aquaculture development zone, or part thereof, as the Minister considers necessary, including -
35. Other Activities[The word “Activities” in the section heading should not be capitalised.]A person may not, unless authorized in writing to do so by the Minister, conduct any business or undertaking other than aquaculture in aquaculture development zones.
Part VII – ENFORCEMENT
37. Powers of inspectors
38. Disposal of aquaculture products and other seized articles
Part VIII – OFFENCES AND PENALTIES
39. OffencesA person is guilty of an offence who -
41. IndemnityThe Minister, the Permanent Secretary or any employee of the State or of a regional council or local authority council is not personally liable for anything done or not done in good faith.
42. ForfeitureWhere any person commits an offence under this Act, the court, in addition to any other penalty it may impose, may -
Part IX – GENERAL
44. Delegation of powers
45. ExemptionsThe Minister may by notice in the Gazette, subject to such conditions as the Minister may specify, exempt -
46. Use of drugs, antibiotics or chemicalsThe Minister, in exercising any power or responsibility under this Act in relation to the use of drugs, antibiotics or other chemicals to control diseases in aquaculture products, must act with the concurrence of the Minister responsible for public health.
47. TransitionalAny person who is engaged in aquaculture at the commencement of this Act shall within twelve months of that date apply for a licence in accordance with section 12 of this Act, and any aquaculture operations undertaken thereafter shall comply with the provisions of this Act.
48. Codes of practice
49. Short title and commencementThis Act is called the Aquaculture Act, 2002 and shall come into force on a date fixed by the Minister by notice in the Gazette.
History of this document
03 December 2003
30 December 2002 this version
23 December 2002
|Aquaculture (Licensing) Regulations, 2003||Government Notice 246 of 2003|
|Regulations relating to Import and Export of Aquatic Organisms and Aquaculture Products, 2010||Government Notice 70 of 2010|
Cited documents 7
Documents citing this one 5
- Namibia Government Gazette dated 2010-04-09 number 4453
- Namibia Government Gazette dated 2012-02-06 number 4878
- Namibia Government Gazette dated 2020-08-06 number 7298