Statutory Instrument107of 1996.

Tourism Designated Tourist Facilities General Regulations 1996

SIs 107/1996, 49/1998, 278/2003, 129/2005, 208/2005

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY

1. Title and date of commencement
2. Interpretation

PART II

REGISTRATION

3. Registration and renewal.
4. Form and duration of registration.
5. Replacement of certificates of registration.
6. Cancellation of registration.
7. Minimum standards.

PART III

REQUIREMENTS FOR CERTAIN REGISTERED TOURIST OR USER FACILITIES

8. Records and accounts in respect of tourist or user accommodation.
9. Register of guests.
10. Special conditions of tour operator’s registration certificate.
11. Tour operator’s surety bonds.
12. Complaints arising from tour operator’s tour.
13. Arbitration committee.

PART IV

GENERAL

14. Qualification for registration
15. Fee for appeal from decision of Board or Chief Executive.
16. Changes to be notified.
19. Rate of Levy.
20. Collection of levy.
21. Remittal of levy.
22. Records and accounts.
24. Exemptions, modifications and adaptations

Schedules

First Schedule: Forms.

Second Schedule: Insignia. Third Schedule: Repeals.

THE Minister of Environment and Tourism, in terms of section 57 of the Tourism Act [Chapter 14:20], hereby makes the following regulations:—

PART I

PRELIMINARY

1. Title and date of commencement

• These regulations may be cited as the Tourism (Designated Tourist Facilities) (General) Regulations, 1996.
• These regulations shall come into operation on the 1st January, 1997.

2. Interpretation

In these regulations—

“Arbitration Committee” means the committee established in terms of section 13;

“form” means the appropriate form set out in the First Schedule;

“insignia” means the insignia set out in the Second Schedule;

“learner professional hunter” means the holder of a learner professional hunter’s licence issued in terms of section 69 of the Parks Act;

“levy” means the levy payable in terms of section 18;

“Parks Act” means the Parks and Wild Life Act [Chapter 20:14];

“professional hunter” means the holder of a professional hunter’s licence issued in terms of section 69 of the Parks Act;

“resident courier” means a courier who is ordinarily resident in Zimbabwe;

“resident tour operator” means a tour operator who is ordinarily resident in Zimbabwe;

“tourist or user accommodation” means any amenity or facility provided at a fee for tourists or users to spend one night or more.

PART II

3. Registration and renewal

• An application for registration as a designated tourist facility shall be-(a) made in form D.T.F. 1; (b) accompanied by—
  • fees and charges payable for registration, licensing, inspection and other activities done in terms of this Act as may be determined by the Zimbabwe Tourism Board from time to time;—

[Subparagraph substituted by S.I. 208 of 2005]

• in the case of premises providing tourist accommodation, a plan of the premises, to scale, showing— A. the full extent of the land on which the premises are situated;
  1. all buildings on the land;
  2. any servitude over or building-line restriction on the land; and (iii). the documents specified in form D.T.F. 1.
• An application for the renewal of a certificate of registration as a designated tourist facility shall be— (a) submitted to the Authority at least two months before the expiry of such certificate;

(b) made in form D.T.F.2; (c) accompanied by—

• the certificate of registration to be renewed; and
• renewal fees as may be determined by the Zimbabwe Tourism Board from time to time.

[Subparagraph substituted by S.I. 208 of 2005]

• a certificate of insurance evidencing that the insurance policy specified in section 23 is in force in respect of the designated tourist facility; and
• any other documents specified in form D.T.F.2.

[Subsection substituted by S.I. 278 of 2003]

4. Form and duration of registration

• On registration of a designated tourist or user facility, the Chief Executive shall issue a certificate of registration in form D.T.F. 3 which shall, subject to section 43 of the Act, be valid for twelve months from the date of issue or renewal thereof.
• The registration number stated on the certificate of registration shall be quoted on all— (a) correspondence between the operator and the Authority; (b) publicity material published by the operator.

5. Replacement of certificates of registration

• If any certificate of registration issued in terms of sub section (1) of section 4 is damaged, destroyed or lost, the person to whom that certificate was issued may apply to the Chief Executive in form D.T.F. 4 for a replacement the an such application shall be accompanied by a fee of ten thousand dollars.

[Subsection amended by S.I. 278 of 2003]

• On receipt of an application in terms of subsection (1), the Chief Executive may issue a certificate to replace that which has been damaged, destroyed or lost.
• Upon the issue of a replacement certificate in terms of subsection (2), the person to whom the replacement certificate is issued shall, upon receipt thereof, forthwith return any damaged certificate to the Chief Executive for cancellation.

6. Cancellation of registration

Where the Chief Executive cancels the registration of a registered tourist or user facility in terms of section 43 of the Act, the operator shall forthwith—

• return the certificate of registration to the Chief Executive for cancellation; and
• remove any insignia referred to in section 25 displayed or shown in relation to that tourist or user facility.

7. Minimum standards

The minimum standards to be maintained by a designated tourist or user facility shall be those specified in the Tourism (Designated Tourism Facilities) (Declaration and Requirements for Registration) Regulations 1966, published in Statutory Instrument 106 of 1996.

PART III

REQUIREMENTS FOR CERTAIN REGISTERED TOURIST OR USER FACILITIES

8. Records and accounts in respect of tourist or user accommodation

(1) Every operator of tourist or user accommodation shall keep in respect of his accommodation such records and accounts as may be necessary to show—

• the number of guests who have resided at that accommodation in any calendar month and the amount of the levy payable in respect of each such guest;
• the aggregate amount of the levies collected and remitted by him in each calendar month.
• Every operator of tourist or user and accommodation shall ensure that on any account submitted to a guest in respect of his residence at the accommodation the amount of the levy payable in respect of each guest to which the account relates is clearly indicated as a separate item.
• Any account or record kept in terms of this section shall be retained by the operator for a period of three years from the date of the period to which the account or record relates.

9. Register of guests

Every operator of tourist or user accommodation shall keep a register in form D.T.F. 5, in which he shall record the following particulars in respect of every person who is given accommodation for not less than one night in the premises of the accommodation managed by him—

• his name; and
• his nationality; and
• his permanent home address; and
• his arrival and departure dates; and
• if he is travelling by vehicle, the vehicle registration number; and
• the address to which he is proceeding;

Provided that the Chief Executive may permit the register to be kept in some other form if he is satisfied as to the adequacy of the form in use.