Application for Registration of a Regulated Business:
| 1.
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An application in term of section 24 of the
Act for the registration of a regulated business must be
made in the approved form and be accompanied by
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(a) |
proof of the applicant's right of occupation
of the premises, if any, from which the regulated business
will be operated; |
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(b)
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a certified copy of any permit, approval or
other form of authorisation which the applicant is required
to obtain from any authority, other the Board, in terms of
any other law |
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(i) |
to conduct the category of regulated
business to which the applications relates; or |
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(ii) |
to render any service or carry out any other
business or activity in or in association with the regulated
business |
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or if an application for such a permit,
approval or authorisation is pending, proof to the
satisfaction of the Board that the application has been
made, with particulars of the nature thereof; |
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(c)
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in the case of the applicant being a company
or close corporation, a certified copy of the certificate of
incorporation of the company or the close corporation; |
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(d) |
a written statement setting out the
activities, facilities and services to be provided to
clients; |
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(e)
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if an environmental impact assessment plan
is required to be submitted for approval to any authority in
terms of any law in respect of a business operation or
activity, proof of such approval accompanied by a copy of
the plan; |
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(f) |
a safety and emergency response plan setting
out particulars of equipment and appliances to be provided
and measure to be applied in relation to a particular
activity offered by the regulated business |
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(i) |
for the safety of clients participating in
the activity; and |
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(ii) |
to deal with an emergency that may arise
from the participation of clients in the activity |
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(g) |
any other information or documents
prescribed by the regulations or which the Board requires in
connection with the application; and |
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(h) |
the appropriate application fee (see
Annexe1). |
| 2. |
If it is
proposed to provide in connection with any activity of the
regulated business |
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(a)
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a service for the transport of clients,
either as an integral part of the activity as a courtesy
service or for recreational or any other purposes' the
application in terms of sub-regulation (1) must be
accompanied by proof that the applicant has taken out
general passenger liability insurance cover with a
registered insurer for a minimum amount of N$2.5 million |
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(b)
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any service for the recreation of guests to
be carried out under the guidance or supervision of a staff
member or any other person engaged for that purpose, the
application in terms of sub-regulation (1) must be liability
insurance cover, including professional indemnity cover,
with a registered insurer for a minimum amount of N$2.5
million |
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The Definitions of Operators and the Requirements for
Registration, and the Obligations of Registered Operators:
to be complied with by registered operators are as
prescrib4ed in the annexes to these regulations, as follows:
"Operator" in relation to a regulated business, means the
person - |
| (a)
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by whom or on whose behalf the regulated business is conducted or
is to be conducted, whatever the nature or extent of that person's
interest in the business may be; or |
| (b) |
who for the time being receives, or is
entitled to receive, the proceeds of the profits arising
from the regulated business. |
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Annexure 1: |
Fees |
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Annexure 2:
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Activity Operators means persons
conducting business to provide recreational facilities,
equipment and training to tourists in relation to
tourist-related activities such as horse riding,
air-ballooning, boat trips, dolphin cruises, white-water
rafting, quad biking or other similar activities. |
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Annexure 3:
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Air-Charter Operators means persons
conducting business by provided non-scheduled air flight
service to tourists for scenic tours, transport to tourist
destinations for other recreational purposes, either with or
without the provision of the services of a pilot. |
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Annexure 4:
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Booking Agents means persons
conducting business by providing services for making
bookings or reservations for travel by air, road or sea or
for accommodation at hotels or other accommodation
establishments on behalf of tourists or any sector of the
tourism industry; |
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Annexure 5:
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Conference Centre Operator means
persons conducting business by providing facilities,
equipment and services for the holding of conferences, not
being a facility that form part of and is conducted by a
registered accommodation establishment. |
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Annexure 6:
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Foreign Tour Operators means persons conducting business from a base
elsewhere than in Namibia and providing services for bringing tourists
from a foreign country to tourist destinations within Namibia. |
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Annexure 7:
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Shuttle and Transport Operators means
persons conducting business for providing services for
transporting tourists. |
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Annexure 8:
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Tour Facilitators means persons
conducting business for providing services for planning and
arranging all-inclusive tour packages for tourists, either
fixed tour programmes or customised tour programmes to suit
the preferences of individual tourists, with respect to
itinerary, destinations and accommodation and if provision
for the transportation of clients is included, such
transportation is provided by means of motor vehicles
specially hired for the particular purpose by the tour
facilitator or provided by a tour and safari operator with
whom arrangements have been made by the facilitator for
transportation the clients. |
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Annexure 9:
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Tour and Safari Operators means
persons conducting business from a base in Namibia by
providing services for the planning and arranging of a
combination of various tourist-related services as a
cohesive programme for purchase directly from the operator
or through a booking agent and includes services and
facilities such as sightseeing tours, transport to tourist
destinations, guides and meals, as well as the provision of
accommodation to clients for the duration of a tour in
facilities provided by the operator or in registered
accommodation establishments.
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Annexure 10:
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Trophy Hunting Operators means
persons conducting business by providing services and
facilities to tourists for hunting game for trophy purposes.
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Annexure 11: |
Vehicle Rental Operators means
persons conducting business by providing services to
tourists for hiring motor vehicles for travel, either with
without inclusion of the services of a driver to operate the
vehicle |
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