The Tourism and Hospitality Act, 2015 - National …

1 Tourism and Hospitality [No. 13 of 2015247 THE Tourism AND Hospitality ACT, 2015 ARRANGEMENT OF SECTIONSPA RT title and RT I ITOURISM DEVELOPMENT, POLICY AND power of Minister for Tourism planning and amenities, transport and priority areas, protected areas and designatedareas for rural and urban Tourism cooperation, agreements and of ethics and stakeholders forumPART IIITHE ZAMBIA Tourism of Zambia Tourism of of and cooperation with regulatory agencies andother of of of of functions and and other staffSingle copies of this Act may be obtained from the Government Printer Box 30136, 10101 Lusaka. Price RT I VTOURISM DEVELOPMENT INTERVENTIONS AND INCENTIVES19. Regulatory service centers20. Incentives21.]

2 Micro and small enterprise development22. Interventions, benefits and withdrawal of benefitsPA RT VLICENSING OF Tourism ENTERPRISES23. Single licensing system24. Conditions for operating Tourism enterprise andcommencement of business25. Conditions for grant of licence or certificate foraccommodation establishment26. Application for licence27. Consideration and issue of licence28. Rejection of application for licence29. Conditions of licence and obligation of licensee30. Display of licence31. Assignment, cession or transfer of licence32. Amendment or variation of licence33. Surrender of licence34. Suspension or revocation of licence35. Renewal of licence36. Prepaid package toursPA RT V IREGISTRATION AND CERTIFICATION OF MICRO AND SMALLTOURISM ENTERPRISES37.

3 Registration of micro and small Tourism enterprise38. Issue and display of certificate of registration39. Refusal to register40. Variation, suspension and revocation of registration248No. 13 of 2015 ] Tourism and Hospitality41. Surrender of certificate42. Prohibition of transfer, cession or assignment of certificate43. Replacement of lost or destroyed certificatePART VIIACCOMMODATION ESTABLISHMENTS44. Classification and grading of accommodation establishments45. Application for grading and grading factors ofaccommodation establishment46. Insignia47. Regrading of accommodation establishment48. Register of Graded Accommodation Establishments49. Publication of classified and graded accommodationestablishments50.

4 Register of guests51. Lien over goods or personal property52. Liabilities of hotelkeeper, proprietor or hotel administration53. Settlement of boarding rates and other charges54. Service charge and tipsPART VIIIREGISTRATION OF HOTEL MANAGERS55. Hotel Managers Registration Council56. Functions of Council57. Proceedings of Council58. Registration of hotel managers59. Practising certificate60. Cancellation of registration or practising certificate61. Offences relating to registration and practising certificates62. Offences related to registration63. Register of hotel managersTourism and Hospitality [No. 13 of 2015249PA RT I XTHE Tourism DEVELOPMENT FUND64. Establishment of Fund and Tourism levy65. Administration of Fund and accounts66.]

5 Annual report and statement of income and expenditurePA RT XQUALITY ASSURANCE67. Tourism levy officers, inspectors and grading assessors68. Powers of levy officer, inspector and grading assessor69. Inspections by committeePA RT X IGENERAL PROVISIONS70. Register of licences and certificates71. Appeals to Minister72. Prohibitions and Tourism training74. Health and social welfare75. Safety of tourists and employees76. Prohibition of execution over property of Agency77. Offences by body corporate or unincorporated body78. General offences79. General penalty80. Regulations81. Repeal of Act No. 23 of 2007 and Act No. 24 of 2007 FIRST SCHEDULESECOND SCHEDULE250No. 13 of 2015 ] Tourism and HospitalityAn Act to provide for the sustainable development of thetourism industry through effective Tourism planning,management, promotion and coordination to ensuresustainable Tourism ; provide for an enabling and facilitatingenvironment for the growth of the Tourism industry byensuring that Zambia responds to changing Tourism trendsin the macro and competitive Tourism marketenvironment; provide effective mechanisms for co-ordination amongst the Government, private sector andlocal communities for the sustainable development oftourism through public-private partnerships andcommunity participation.

6 Provide for integration of tourisminto National development planning, budgeting anddecision-making processes related to infrastructuredevelopment, environmental management and protectionand empowerment of local communities; strengthenlinkages and co-ordination between Tourism developmentand key subsectors such as arts and culture, heritage,transport, education, energy, forestry, fisheries, wildlifeand water resource management by using a whole ofGovernment approach; ensure that the Tourism valuechain is enhanced by positive linkages between tourismand supporting services and sectors, including police,immigration, customs, health and safety; establish theZambia Tourism Agency and constitute the Board of theAgency and provide for their functions; regulate tourismenterprises and Tourism -related services and enforcestandards of operation and service; establish the TourismDevelopment Fund and provide for its administration;repeal the Tourism and Hospitality Act, 2007, and theZambia Tourism Board Act, 2007; and provide for mattersconnected with, or incidental to, the foregoing.

7 [14th August, 2015 Tourism and Hospitality [No. 13 of 2015251 GOVERNMENT OF ZAMBIAACTNo. 13 of 2015 Date of Assent: 14th August, 2015 ENACTED by the Parliament of RT Act may be cited as the Tourism and Hospitality Act, 2015 , and shall come into operation on such date as the Ministermay appoint by statutory this Act, unless the context otherwise requires accommodation establishment means a place in or onwhich the business of providing accommodation, with orwithout any other Tourism -related services, are conductedfor gain, such as a hotel, guesthouse, bed and breakfast,bush camp, camping site and caravan park, backpacker,boarding house, hostel and self-catering facility and anybuilding or premises used for accommodation by the publicand in which lodging is provided and provisions are suppliedby a hotel keeper or proprietor.]]

8 But does not include aGovernment rest house or a company guesthouse cateringspecifically for its employees or a school, college oruniversity hostel as the Minister may prescribe by statutoryinstrument; Agency means the Zambia Tourism Agency establishedunder section ten; AIDS means Acquired Immune-Deficiency Syndrome; agrotourism means any agricultural-related activity thatattracts visitation for leisure, entertainment or educationalpurposes; Board means the Board of the Agency constituted inaccordance with section fourteen; certificate means a certificate of registration issued to amicro or small Tourism enterprise in accordance with sectionthirty-eight; certificate holder means a micro or small Tourism enterprisethat holds a certificate of registration issued in accordancewith section thirty eight; classification means the process of determining the typeof an accommodation establishment by size, target market,level of service, ownership or affiliation;252No.

9 13 of 2015 ] Tourism and HospitalityEnactmentShort titleandcommencementInterpretation committee means a committee of the Board constitutedpursuant to section sixteen; consumptive Tourism means Tourism which involves tangibleproducts extracted from the environment, such as fishingand hunting; Council means the Hotel Managers Registration Councilconstituted under section fifty-five; creative Tourism means travel directed towards an engagedand authentic experience, with participative learning in thearts, heritage or special character of a place and providesa connection with the residents of that place and creates aliving culture; cultural Tourism means an activity which enables peopleto experience different ways of the life of other peoplethereby gaining at first hand an understanding of otherpeople s customs, traditions, the physical environment andintellectual ideas, and includes places of architectural,historic, archaeological or other cultural significance; cultural industries means industries that combine creation,production and commercialisation of content in the formof goods and services that are intangible and cultural innature and which content is protected by copyright; Director means the person appointed as Director of theAgency in accordance with section eighteen.

10 Domestic Tourism means providing tourist-related servicesto residents and citizens and appreciating and accessingtouristrelated services by residents and citizens; eatery means a place that serves food and beverages forreward; eco- Tourism means responsible travel to natural areasthat conserves the environment and improves the wellbeingof the local people; environment Tourism means travel to unique andendangered areas that is directly dependent on the use ofnatural resources in a relatively undeveloped state,including scenery, topography, water features, vegetationand wildlife; e- Tourism means an electronic system or platform Tourism and Hospitality [No. 13 of 2015253254 No. 13 of 2015 ] Tourism and Hospitality (a) where a tourist may obtain information ondestinations, facilities, prices, geography and climate;(b) which makes bookings for Tourism enterprises,accommodation establishments, flights and transport;and(c) which enables the marketing of Tourism productsand Tourism related services; e-visa means (a) an application process that is undertakenelectronically instead of physically by visiting a givenlocation;(b) an electronic implant in, or electronic strip attachedor affixed to, a passport which is used for authorisinga traveller to enter Zambia; or(c) a database that keeps track of who has authorisationto enter Zambia.