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CHAPTER 312 - EXTERMINATION OF MOSQUITOES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Application of Act

Extermination of Mosquitoes Rules

Mosquito Control Scheme for Kabwe

APPLICATION OF ACT

[Section 1]

[Notices by the Minister]

The Act is hereby applied to—

      (a)   The areas within eight kilometers of the boundaries of—

City of Lusaka 

(No. 78 of 1950) 

City of Kitwe 

(No. 326 of 1953) 

Kabwe Municipality 

(No. 78 of 1950) 

Livingstone Municipality 

(No. 78 of 1950) 

Mufulira Mine Township 

(No. 235 of 1954) 

Mufulira Municipality 

(No. 235 of 1954)  

      (b)   The area within a radius of 11.263 kilometers from the Post Office at Chingola.

      (c)   The area within eight kilometers of the boundaries of the City of Ndola, but excluding any part of a Reserve * which may be within such area.

EXTERMINATION OF MOSQUITOES RULES

[Section 3]

Arrangement of Paragraphs

PART I
PRELIMINARY

   Paragraph

   1.   Title and application

   2.   Interpretation

PART II
PROTECTED AREAS

   3.   Measures to be taken by owners and occupiers in protected areas

   4.   Power to close roads

   5.   Mining, etc.

   6.   Work adjacent to protected area

PART III
GENERAL

   7.   Preservation of anti-malaria work

   8.   Farming

   9.   Excavations

   10.   Borrow-pits and holes

   11.   Abandonment of mines, etc.

   12.   Water tanks

   13.   Duties of owners and occupiers

   14.   Penalties

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

[Rules by the Minister]

GN 45 of 1946,

GN 79 of 1950,

GN 124 of 1963,

GN 291 of 1964.

PART I
PRELIMINARY

 

{mprestriction ids="2,3,5"}

1. Title and application

   (1) These Rules may be cited as the Extermination of Mosquitoes Rules.

   (2) The Minister may, by statutory notice, declare that, on and after a date to be specified in such notice, the whole of these Rules, or only such provisions thereof as are mentioned in such notice, shall apply to the whole or such part of the area of any local authority as shall be defined in such notice.

[Am by GN 291 of 1964.]

 

2. Interpretation

In these Rules, unless the context otherwise requires—

“protected area” means an area of land which the Minister has declared, by statutory notice, to be a protected area for the purpose of the control of malaria or of the breeding of mosquitoes and may include any area in which anti-malaria works have already been completed or are in progress or are contemplated.

[ Am by GN 291 of 1964.]

PART II
PROTECTED AREAS

 

3. Measures to be taken by owners and occupiers in protected areas

The following measures shall be taken by all owners and occupiers of land within a protected area—

      (a)   no cattle shall be allowed to graze or to roam at large in the protected area;

      (b)   no road or path shall be made or established in the protected area except with the consent of the local authority and the concurrence of the Medical Officer of Health;

      (c)   the owner or occupier of land on which a road or path is situated or constructed shall take steps to ensure that such road or path does not interfere with the natural or artificial drainage of the protected area.

 

4. Power to close roads

The local authority shall have power to close any road or path in a protected area if such a course is rendered necessary for the purpose of mosquito control.

 

5. Mining, etc.

Where any mining, quarrying, irrigation, water supply, railway or other works exist or are undertaken within a protected area, it shall be lawful for the Medical Officer of Health to require the person on whose land such works are situated to take such measures as may be necessary to link up with any anti-malaria works that are in existence or are being carried out or are contemplated.

 

6. Work adjacent to protected area

Where any works are in progress on land adjacent to the protected area which may interfere with or diminish the efficiency of anti-malaria or anti-mosquito works within the protected area, it shall be lawful for the Medical Officer of Health to require the owner or occupier of the land on which works are in progress to take such measures as are deemed necessary by the Medical Officer of Health to maintain the efficiency of the anti-malaria or anti-mosquito works in the protected area.

PART III
GENERAL

 

7. Preservation of anti-malaria work

Where any local authority or any Government Department has constructed or carried out, whether before or after the commencement of these Rules, or is constructing or carrying out any anti-malaria works on any land or premises, every person who uses the said land or premises or permits or authorises them to be used in such manner as to lessen the efficiency or to bring about the deterioration of such works shall be guilty of an offence.

 

8. Farming

The local authority may give directions to any owner or occupier of land for the purpose of controlling farming and cultivation in any municipal or township area. Such directions may include the prohibition of farming or cultivation in any specified area.

[Am by GN 124 of 1963.]

 

9. Excavations

   (1) No person shall excavate or permit or authorise any person to excavate holes or pits for the purpose of the recovery of ballast, sand, gravel, clay or soil for road surfacing, brick making or for any other purpose, except in a zone or zones set aside for the purpose by the local authority with the concurrence of the Medical Officer of Health.

   (2) In any such zone the following provisions shall apply—

      (a)   the work shall not be commenced until the permission in writing of the local authority has been obtained;

      (b)   the work shall be carried out in such manner as to comply with the requirements of the Medical Officer of Health relating to mosquito control;

      (c)   on the completion or cessation of any work carried out in any such zone, the person concerned shall take such measures as the Medical Officer of Health may direct for the purpose of mosquito control.

[Am by GN 79 of 1950.]

 

10. Borrow-pits and holes

The local authority may require the owner or occupier of any land to fill in or drain, to the satisfaction of the Medical Officer of Health, any existing borrow-pits or holes or pits excavated for the purpose of the recovery of ballast, sand, gravel, clay or soil for road surfacing, brick making or for any other purpose.

 

11. Abandonment of mines, etc.

No existing mine, quarry, irrigation, water supply or other works shall be abandoned or discontinued after the commencement of these Rules until such steps for the purpose of mosquito control have been taken by the owner or occupier as the Medical Officer of Health shall require.

 

12. Water tanks

All water tanks shall be so constructed as to prevent the entry and emergence of mosquitoes.

 

13. Duties of owners and occupiers

Every owner and occupier of land shall comply with all lawful directions given by a local authority and Medical Officer of Health under these Rules.

 

14. Penalties

Any person who fails to comply with any of the provisions of these Rules shall be liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding three months.

[Am by GN 13 of 1994.]

RULE 1(2) OF EXTERMINATION OF MOSQUITOES RULES - APPLICATION

[Notices by the Minister]

1. The Rules shall apply as set out in the First Schedule to the protected areas in the Livingstone District defined in the Second Schedule.

2. The Rules shall apply to the City of Lusaka.

3. The Rules shall apply to the area within eight kilometers of the boundaries of the City of Lusaka.

4. The Rules shall apply to Kabwe Municipality.

5. The Rules shall apply to the City of Kitwe and to the area within eight kilometers of the boundaries of the City of Kitwe.

6. The Rules shall apply to Mufulira Municipality and to the area within eight kilometers of the boundaries of Mufulira Municipality, but excluding the area of the Kansuswa Township.

7. The Rules shall apply to Mufulira Municipality and to the area within eight kilometers of the boundaries of Mufulira Municipality.

8. The Rules shall apply to the area in the Chingola District defined in the Third Schedule.

9. The Rules shall apply to the City of Ndola and to the area within eight kilometers of the boundaries of the City of Ndola, but excluding any part of a Reserve* which may be within such area.

FIRST SCHEDULE

Area A 

Area B 

Area C 

Area D 

All Rules, except rule 3(a) which shall not apply to Maramba Farms Plots 401Ä410 and 412Ä418. 

All Rules. 

All Rules 9(1) and 9(2). 

All Rules 9(1) and 9(2).

SECOND SCHEDULE

[Paragraph 1]

PROTECTED AREAS, LIVINGSTONE DISTRICT

Area A.0

Commencing at Beacon C.L.148 where the Northern boundary of the Zambesi Saw Mills 91.44 meters Strip Reserve intersects the municipal boundary, the boundary runs in an Easterly direction along the Northern edge of the Strip and the Compound Reserve to its intersection

with Plot 275; thence along the boundary with Maxwell Stuart Road to its junction with Jameson Road; thence in a Southerly direction along the Western edge of Jameson Road to a point opposite Beacon No. 0697, the South-Western corner beacon of the Zambia Railways Station Reserve to Beacon No. 0706; thence in a North-Easterly direction to Beacon Y.486 situated on the Southern boundary of the Golf Course (Plot No. 440); thence Eastwards along the Southern boundary of Plot No. 440, Golf Course, to the inner edge of the Maramba River; thence following the municipal boundary along the Maramba and Zambezi Rivers to Beacon C.L.146; thence Northwards along the municipal boundary to Beacon C.L. 148, the point of commencement.

Included in the boundaries defined above but excluded from Area A is that portion of the municipal area in use as an Aerodrome.

Area B.

Commencing at the South-Eastern corner beacon of Plot No. 395, Abattoir Site, on the Northern boundary of the Zambesi Saw Mills 91.44 meters Strip Reserve, the boundary follows the Eastern side of Plot No. 395 to its North-Eastern beacon; thence Northwards along this line produced, to its intersection with the Katombora Road; thence along the Southern edge of the Katombora Road in an Easterly direction to its junction with the Western edge of Williams Road; thence Southwards along the Western boundary of this road and this line produced to its intersection with the Northern edge of Plot No. 275, subdivision; thence along the Northern

edge of this plot to its intersection with the Zambesi Saw Mills 91.44 meters Strip Reserve; thence Westwards along the Northern edge of this Strip Reserve and the Compound Reserve to the point of commencement.

Area C.

Commencing at a point on the Western boundary of the Municipal Reserve 2,209.8 meters from Beacon No. C.L. 146, the boundary follows Westwards along the left Bank of the Zambezi River to a point opposite the Western end of the large dambo lying inland; thence following the Northern and Western edges of the dambo to the point of commencement.

The above-described areas are shown upon a plan numbered 67A2 deposited in the office of the Director of Surveys and Land, signed by him, dated August, 1934, and thereon bordered red. Area D.

Commencing at a point on the right Bank of the Maramba River, half a mile upstream from the eastern boundary of the Zambia Railways 91.44 metres Strip Reserve, the boundary follows a line Southwards and Westwards parallel to, and 0.8045 kilometers from, the Zambia Railways 91.44 metres Strip Reserve to a point on the left Bank of the Zambezi River; thence up the left Bank of the Zambezi River to a point on the right Bank of the Maramba River at its confluence with the former; thence up the right Bank of the Maramba River to the point of commencement.

The above-described area, in extent approximately 849.87 hectares, is shown upon a plan numbered P.469 deposited in the office of the Director of Surveys and Land, signed by him, dated 6th September, 1946, and thereon bordered red.

Included within the above-described area but excluded from the provisions of rule 3(a) of the Extermination of Mosquitoes Rules is that piece of land, approximately 34 acres in extent, bounded on the North and West by the left Bank of the Maramba River, on the East by the Western edge of the Livingstone-Victoria Falls Main Road Reserve, and on the South by the Northern fence of the Livingstone Game Park produced on the West by a line to the left Bank of the Maramba River and on the East by a line to the Western edge of the Livingstone-Victoria Falls Main Road Reserve.

THIRD SCHEDULE

[Paragraph 8]

PROTECTED AREA, CHINGOLA DISTRICT

All that area lying within a radius of 11.263 kilometers from Chingola Post Office but excluding the area of Kasompe Township.

Included within the boundary defined above but excluded from the area for the purposes of the application of rule 3(a) are Farms Nos. 2028, 2041, 2103, 2160, 2308, 2310, 2345, 2468, 2469, 2585; the Cattle Grazing Area and the Mine Garden.

The above-described area is shown bordered brown and the portions to which rule 3(a) is not applied are coloured green on Plan No. P.163 deposited in the office of the Director of Surveys and Land, signed by him and dated 6th December, 1955.

MOSQUITO CONTROL SCHEME FOR KABWE

[Section 6(3)]

[Scheme approved by the Minister]

GN 235 of 1947.

1. A Mosquito Control Scheme for Kabwe was approved by the Minister on the 5th August, 1947.

2. A copy of such scheme and the plans and specifications incidental thereto have been deposited with the District Secretary, Kabwe Urban District, and are available for inspection without fee by the owner or occupier of any lands affected thereby.

3. The locality to which such scheme applies is shortly described as “the North-East Dambo, Kabwe”.{/mprestriction}