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WILD ANIMALS PRESERVATION ACT,
1961 (ACT 43)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Appointment of Officers.
2. Permit for Collection of
Specimens.
3. Power to Vary Schedules.
4. Restrictions on Export and
Import of Trophies.
5. Marking of Trophies.
6. Prohibition of Hunting by
Motor Vehicle or Aircraft.
7. Surrounding Animals by Fires
Prohibited.
8. Power to Arrest Without
Warrant.
9. Indemnity for Acts Done in
Good Faith.
10. Government Trophies.
11. Regulations.
12. Interpretation.
13. Repeals.
SCHEDULES
First Schedule—Genera completely
protected.
Second Schedule—Genera of which
the young are specifically
protected.
Third Schedule—Genera of which
females accompanied by young are
Protected.
Fourth Schedule—Genera of which
only a limited number may be
killed.
Fifth Schedule—Genera as to which
measures may be taken to reduce
the numbers.
THE FORTY-THIRD
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE WILD ANIMALS PRESERVATION ACT,
1961
AN ACT to consolidate and amend
the law relating to wild animals,
birds and fish and to continue the
observance of the Convention
signed at London on the nineteenth
day of May, 1900.
DATE OF ASSENT: 22nd March, 1961
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Appointment Of
Officers
The President may in accordance
with the advice of the Forestry
Commission given in consultation
with the Public Services
Commission appoint officers to
carry out all or any of the
purpose of this Act; [As
substituted by Forestry Commission
Act, 1999 (Act 571) s. 35 ss. 2a].
Section 2—Permit for Collection of
Specimens. No 2 of 1901, s.5.
Notwithstanding any regulations
made under paragraphs (d), (e),
(f), (g) and (l) of section eleven
of this Act the Minister may, by
permit under his hand, allow the
collection of specimens of animals
referred to in such regulations
for museums or zoological gardens
or for any other scientific
purpose.
Section 3—Power to Vary
Schedules. No. 2 of 1901, s.6.
No. 21 of 1915, s.5. No. 30 of
1935, s.2.
The Minister may upon the
recommendations of the Forestry
Commission by legislative
instrument, remove the name of any
animal from any of the Schedules
to this Act or declare that the
name of any species, variety, or
sex of animal, whether beast or
bird, not mentioned in any
Schedule, shall be added to a
particular Schedule, or that the
name of any species or variety of
animal mentioned or included in
one Schedule shall be transferred
to another Schedule, and may apply
such legislative instrument to the
whole of Ghana, or to any Region,
or any area of a Region: [As
substituted by Forestry Commission
Act, 1999 (Act 571) s. 35 ss. 2b].
Provided always that a legislative
instrument made under the
provisions of this section shall
be laid before the National
Assembly.
Section 4—Restrictions on Export
and Import of Trophies. No. 2 of
1901, s.7. No. 3 of 1939, s.4.
(1) No person shall export or
attempt to export from Ghana any
trophy unless he has been granted
a certificate by a Superior Police
Officer not below the rank of
Assistant Superintendent
permitting the export of the same.
(2) The certificate shall not be
issued unless the Superior Police
Officer is satisfied that the
trophy has been lawfully imported
or otherwise lawfully obtained.
(3) No person shall import into
Ghana, except on production of a
certificate of lawful export, any
trophy which has been exported
from any territory which the
Minister has notified in the
Gazette as being a territory to
which the terms of the
International Convention for the
protection of Fauna and Flora made
at London on the 8th day of
November, 1933 applies.
(4) The import or export of any
trophy except at places where
there is a Customs station is
prohibited.
(5) Any person contravening any of
the provisions of this section
commits an offence and shall be
liable on summary conviction to a
fine of ¢2million or to
imprisonment for six months and
any trophy imported or being
exported in contravention of the
provisions of subsections (2), (3)
and (4) of this section shall be
forfeited. [As substituted by
Forestry Commission Act, 1999 (Act
571) s. 35 ss. 2c].
Section 5—Marking of Trophies.
No. 2 of 1901, s.8. No. 3 of 1939,
s.4.
(1) Every trophy consisting of
ivory exported in accordance with
the provisions of section four of
this Act shall be identified by
marks which, together with the
weight of the trophy, shall be
recorded in the export
certificate.
(2) Every other trophy shall, if
possible, be similarly marked and
recorded but shall in any event be
described in the export
certificate so as to identify it
with as much certainty as
possible.
Section 6—Prohibition of Hunting
by Motor Vehicle or Aircraft. No.
2 of 1901, s.9. No. 3 of 1939,
s.4.
(1) No person shall use any motor
vehicle or aircraft (including
aircraft lighter than air) for the
purpose of hunting, killing or
capturing animals or in such
manner as to drive, stampede or
disturb them for any purpose
whatsoever, including that of
filming or photographing:
Provided that nothing in this
section contained shall affect the
right of any occupier in respect
of land occupied by him to use
motor vehicles or aircraft for the
purpose of driving away, capturing
or destroying animals found on
such land in any case where such
ejection, capture or destruction
is not prohibited under any other
provision of this Act.
(2) Any person contravening the
provisions of this section commits
an offence and shall be liable on
summary conviction to a fine not
exceeding ¢2million or to a term
of imprisonment not exceeding six
months or to both such fine and
imprisonment. [As substituted by
Forestry Commission Act, 1999 (Act
571) s. 35 ss. 2d].
Section 7—Surrounding Animals by
Fires Prohibited. No. 2 of 1901,
s. 10. No. 3 of 1939, s.4.
(1) It shall be unlawful to
surround animals by fires for
hunting purposes.
(2) Any person contravening the
provisions of this section commits
an offence and shall be liable on
summary conviction to a fine of
¢2million or imprisonment for six
months or to both such fine and
imprisonment. [As substituted by
Forestry Commission Act, 1999 (Act
571) s. 35 ss. 2c].
Section 8—Power to Arrest Without
Warrant. No. 10 of 1952, s.4.
A
Game Officer may arrest without a
warrant any person whom he
reasonably suspects to have been
concerned in any offence
punishable under this Act, if such
person refuses to give his name
and address or gives a name and
address which the Game Officer
reasonably believes to be false,
or if the Game Officer has reason
to believe that such person will
abscond:
Provided that any person so
arrested shall be taken before a
District Magistrate or to the
nearest police station without any
unnecessary delay.
Section 9—Indemnity for Acts done
in Good Faith. No. 10 of 1952,
s.4.
No action shall lie against any
public officer in respect of any
act done by him in good faith in
the execution or intended
execution of his duties or powers
under this Act.
Section 10—Government Trophies.
Trophies of animals shot by a Game
Officer in the execution of his
duties shall be the property of
the Government.
Section 11—Regulations. No. 2 of
1901, s.3. No. 10 of 1952, s.3.
No. 3 of 1939, s.3. No. 23 of
1926, s.2. No. 10 of 1907, s.2.
No. 18 of 1911, s.2. No. 21 of
1915, s.2.
The Minister on the advice of the
Forestry Commission may by
legislative instrument make
regulations for the administration
of this Act and in particular for
the— [As substituted by Forestry
Commission Act, 1999 (Act 571), s.
35 ss. 2 f (a)].
(a) establishment of close seasons
with the view to facilitate the
rearing of young animals;
(b) application of measures for
preventing the transmission of
contagious diseases from domestic
to wild animals;
(c) destruction of the eggs of
crocodiles, poisonous snakes, and
pythons;
(d) prohibition of the hunting and
destruction of the animals
mentioned in the First Schedule to
this Act and also of any other
animals whose protection, whether
owing to their rarity or
threatened extermination, may be
considered necessary;
(e) prohibition of the hunting and
destruction of young animals of
the species mentioned in the
Second Schedule to this Act;
(f) prohibition of the hunting and
destruction of the species
mentioned in the Third Schedule to
this Act, when accompanied by
their young;
(g) prohibition, to a certain
extent, of the destruction of any
females, when they can be
recognised as such, with the
exception of those of the species
mentioned in the Fifth Schedule to
this Act;
(h) prohibition of the hunting and
destruction, except in limited
numbers, over a limited area and
for a limited period of time, of
animals of the species mentioned
in the Fourth Schedule to this
Act;
(i)
prohibition of the hunting of wild
animals by any persons except
holders of licences issued by the
competent Government authority on
such terms as shall by the
regulations be prescribed;
(j) restriction or prohibition of
the use of nets, pits or
enclosures, gins, traps or snares
or of set guns and missiles
containing explosives for hunting
animals;
(k) application of measures for
effecting the sufficient reduction
of the numbers of the animals of
the species mentioned in the Fifth
Schedule to this Act;
(l) establishment of reserves
within which it shall be unlawful
to hunt, capture, or kill any bird
or other wild animal except those
which shall be specially exempted
from protection;
(m) imposition of export duties,
on, and the prohibition of the
sale or exportation of, any
trophy;
(n) prohibition of hunting or
killing young elephants and the
confiscation of all elephant tusks
weighing less than twenty-five
pounds;
(o) the protection and
preservation of reserves and of
the animals therein;
(p) prohibition of the use of
dazzling lights, flares, poison or
poisoned weapons for hunting
animals;
(q) protection of eggs of such
birds as may be specified in the
regulations made under this
section;
(r) the imposition of penalties
not exceeding ¢2million or
imprisonment with or without hard
labour for a term not exceeding
twelve months or to both for
breach of any regulation made
under this section. [As
substituted by Wild Animals
Preservation (Amendment) Law, 1983
(PNDCL 55) s.1 and amended by the
Forestry Commisssion Act, 1999
(Act 571)s. 35 ss. 2 f (b)].
Section 12—Interpretation. No. 2
of 1901, s.2. No. 3 of 1939, s.2.
In this Act, unless the context
otherwise requires—
"animal" or "species" means all
vertebrates and
invertebrates (including
non-edible fish) their nests,
eggs, eggshells and plumage;
"officer" means an officer of the
Forestry Commission so designated;
[As substituted by the Forestry
Commission Act, 1999 (Act 571), s.
35 (2)(g)].
"Minister" means the Minister
responsible for forestry and
wildlife. [As substituted by the
Forestry Commission Act, 1999 (Act
571) s. 35 ss. 2g].
"trophy" means any animal, dead or
alive, mentioned in any of the
Schedules or any thing being part
of, or produced from, any such
animal when dead and the eggs,
eggshells, nests or plumage of any
bird mentioned therein but shall
not include any trophy or part of
a trophy which by a process of
bona fide manufacture has lost its
original identity.
Section 13—Repeals.
The Wild Animals Preservation
Ordinance (Cap. 246) and the Wild
Animals Preservation (Amendment)
Ordinance, 1952 (No. 10) are
hereby repealed.
SCHEDULES
FIRST SCHEDULE
(Sections 3 and 11)
GENERA COMPLETELY PROTECTED
No. 21 of 1915, s.3. No. 13 of
1916. No. 32 of 1929. No. 9 of
1954. No. 13 of 1956, s.2. No. 3
of 1959, s.6.
Series A—Birds
Genera Completely Protected.
1. Birds used in the plumage
trade, not specifically mentioned
in another Schedule.
2. Egrets.
3. Marabouts.
4. Owls.
5. Oxpeckers (Buphagus).
6. Secretary-bird.
7. Crested or Crowned Cranes.
8. Whale-headed Stork or
Shoe-bill.
9. Bald-headed Ibis.
10. White-breasted Guinea Fowl.
11. Bare-headed Rock Fowl (Picathartes
gymnocephalus).
Series B.—Mammals
1. Chimpanzee—PAN.
2. Colobid Monkeys—COLOBUS
PROCOLOBUS.
3. Aardvaark—ORYCTEROPUS.
4. Senegal Hartebeest—DAMALISCUS.
5. Elephant—LOXODONTA—with tusks
below a total weight of 5
kilogrammes.
6. Hippopotamus—HIPPOPOTAMUS.
7. Water Chevrotain—HYEMOSCHUS.
8. Manatee—TRICHECHUS.
SECOND SCHEDULE
(Section 11 (e))
GENERA OF WHICH THE YOUNG ARE
SPECIFICALLY PROTECTED
No. 21 of 1915, s.3. No. 9 of
1934. No. 3 of 1939, s.7.
Genera of which the young are
specifically protected.
1. All Bovoid Ungulates
specifically mentioned in Schedule
1, and in addition Antelopes,
Gazelles, Duikers, Buck and
Buffalo.
2. All Pholidont Pangolins of the
genus MANIS (= UROMANIS.
PHATAGINUS).
3. All Cercopithecoid Monkeys with
the exception of the Baboon -
PAPIO.
THIRD SCHEDULE
(Section 11 (f))
No. 21 of 1915, s.3. No. 9 of
1934.
GENERA OF WHICH FEMALES
ACCOMPANIED BY YOUNG ARE PROTECTED
Genera of Which Females
Accompanied by Young are
Protected.
1. Elephant—LOXODONTA.
2. All Bovoid Ungulates as in
Schedule 2, subsection 1.
3. All Pangolins as in Schedule 2,
subsection 2.
4. All Cercopithecoid Monkeys with
the exception of the Baboon -
PAPIO as in Schedule 2, subsection
3.
FOURTH SCHEDULE
(Section 11(h))
No. 21 of 1915, s.3. No. 9 of
1934. No. 13 of 1936, s.3.
GENERA OF WHICH ONLY A LIMITED
NUMBER MAY BE KILLED
Genera of Which Only a Limited
Number May be Killed.
1. Carnivora:
(a) Ratel or Honey Badger—MELLIVORA
(b) Clawless Otter—AONYX
(c) Lynx—CARACAL
(d) Serval Cat—LEPTAILURUS
(e) Golden Cat—PROFELIS
(f) Jackal—THOS
(g) Cheetah—ACINONYX (=CYNAELURUS).
2. Primates:
(a) Lorisiformes of the genera
(i)
DALAGOIDES. GALAGO—Bush Babies
(ii) PERODICTUCUS—POTTO.
(b) Monkeys of the Genera
(i)
CERCOPITHECUS — Diana. Spot-nosed.
Mona. Green, etc.
(ii) ERYTHROCEBUS—Patas.
(iii) CERCOCEBUS—Mangabey.
3. Pholidonta—Pangolins of the
genus Manis (—UROMANIS PHANTAGNUS).
4. Glives:
(a) Lagomorpha of the Genus LEPUS—Togo
Hare
(b) Rodents of the Genera
(i)
ANOMALURUS—Flying Squirrel
(ii) HYSTRIX—Crested Porcupine
(iii) ATHERURA—Brush Tailed
Porcupine.
5. Ungulata:
(a) Paeungulata
(i)
PROCAVIA DENDROHYRAX—Tree Bear.
Hyrax
(ii) LOXODONTA—Elephant in which
the tusks exceed 5 kilogrammes in
weight.
(b) Paraxonia—Suiformes
(i)
PHACOCOERUS—Wart Hog
(ii) POTAMOCHOERUS—Bush Pig
(iii) HYLOCHOERUS—Forest Hog.
(c) Paraxonia—Ruminantia—Bovoidea
(i)
STREPSICEROS (=TRAGELAPHUS) Bush
buck
(ii) TAUROTRAGUS—Bongo
(iii)SYNCERUS—Bush
Cow or Buffalo.
(iv) CEPHALOPHUS—Black, Bay, Red
Flank Duikers, etc.
(v) SYLVICAPRA—Crowned Duiker
(vi) PHILATOMBA—Maxwell Duiker
(vii) REDUNCA—(=CERUICAPRA)—Reedbuck
(viii) HIPPOTRAGUS—Roan Antelope
(ix) ALCEPHALUS—(=BUBALIS)—Hartebeeste
(x) KOBUS—Waterbuck
(xi) ADENOTA—Kob
(xii) OUREBIA—Oribi
(xiii) NEOTRAGUS—Royal Antelope
(xiv) GAZELLA—Gazelle.
FIFTH SCHEDULE
(Section 11 (g) and (k))
No. 13 of 1916. No. 32 of 1929.
GENERA AS TO WHICH MEASURES MAY BE
TAKEN TO REDUCE THE NUMBERS
Genera as to Which Measures May be
Taken to Reduce the Numbers.
1. Rodents.
2. Lions.
3. Leopards.
4. Poisonous Snakes.
5. Pythons (Python Sebae).
6. Crocodiles.
7. Hunting Dog (Lycaon).
8. Any other animal whose numbers
rise to a level sufficient to
threaten
agriculture or to constitute a
danger to the human population,
may be reduced in
numbers at the discretion of
the Game Warden.
amended by
WILD ANIMALS PRESEVATION
(AMENDMENT) LAW, 1983 (PNDCL 55).1
FORESTRY COMMISSION ACT, 1999 (ACT
571).2
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