GOVERNMENT GAZETTE OF THE

REPUBLIC OF NAMIBIA NS IRA() WINDHOEK - 14 Julv 2004 No.3235

CONTENTS

"" 1.;(,

"". 1.'7

1\(1 13~

Declaration "ft"lIrism regulated sectors. ]\;'11111bla T"urisl11 Bllard Act. 2()O().

Regulatil))]S relating tll In!, pal'able hI' aCC0l111111111ation estahlishl11en1s: NClllllhia Tlluri'l11 Board Act. 2()OO .. .

Regulati(lnS relclling tll the registratioll "r rL'glll'ltcd businesses: Namibia Tllurism Board ;\ct. 2000 .

:I

5

\ill. 139 Regulatillns relating t(l the registratillil of accol11111lldatil)]] estahhshl11enl': Nal11ibi'l TlllJrlSI11 130ard Act. 2()()O . 27

Government Notices

MI]\'ISTRY OF E]\'VIRO]\'iVIE'-'T A]\'D TOURISM

DECLARATION OF TOURISM REGULATED SECTORS: NAMIBIA TOURISM BOARD ACT 2000

Under section 23 of the Namibia Tourism Board Act. 2000 (Act No. 21 of 2000), and artcr el1l1,ultZ\tion with the NamihlZ\ Tourism 131)ard. I hereby declare ­

(a) the sectors of busincss set out in the Schedule to be rcgulatcd sectors within or relating to the tourism industry:

v' (h) that with eflect from 1 Fehruary 2005 any pcrson conducting or intending to conduct any husiness L11ling within a category sct out in thc Schedule is rcquired to hold in rcspcct of such business a ccrtJticatc of registration issllcd in tcrms of section 24 of the Act.

P. MALIMA MI]\'ISTER OF E]\'VIRO]\'ME]\'T Al\O TOURISM

2004

2 Ciovem111cnt Gazette 1-1- July 200-1- NO.323.'i

SCHEDULE

The following sectors of busIness within or rebting to the tourism industry arc regulated sectors:

(a) activity operators. bClng persons conducting business to pnwide recreational Llcilitics, equipment and training to tourists in relation to tourist related activities such as horse riding. air balloe)nlng. boat trips, dolphin crUIses. white water rafting. quad biking or ()ther similar activitics:

(b) air charter operators. bcing persons conducting business hy pnAiding non-scheduled air Ilight seniccs to tourists lor sccmc tours, transport to tourist destination spots or for othcr recreational purposes. cither with or without the provision of thc sen'iees of a pilot:

(c) booking agents. hci ng persons conduct ing bus mess hy providi ng sen'iecs for making bookings or reservations for travcl hy air. road or sea or for accomnwdation at hotc Is or other aee0111modat ion cs tabl ishments on hl'hal I' of tourists or any sector of the tourism Industry.

(d) conference centre operators. heing persons eondue[lng husmess by providing l'acilities, equipment and seniees for thL"11l1ldlng urconJCrenCL"S. not heing a facility which forms part or ;ll1d is cU\ldUl'll'd ),\' ;\ rq,btl'red ;lccommodation es t;l hIis hmen t:

(c) foreign tonI' operators. heing persons l'onductlng husilll'ss from a !xlse elsewhere than in Namibia and pW\'ide serVices 1\)1' brll1gmg tourists from a I'oreign coulltry to tOUrist destinations in :\amihl;1.

(I) shuttle and transport service operators. being perSe)ns conducting business for providing services lor transporting touri,h ­

(i) upon arri\';J! or departure from e)r til ;\ pUrl of entry. l'xcluding any courtesy transport service ofTel'cd by ;\ registered ;lccommodation establishment or regulated business exclusively to their guests ()r clicnts: or

(ii) from any placc in Namibia ;1Cross am border of Namibia to a destination in a foreign country:

(g) tour facilitators, being persons conducting business for providing services • for planning and arranging all-inclusive tour packages for tourists, either fixed tour programs or customized tour programs to suit the preferenccs 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 mcans of motor vehicles spceially hired for the particular purpose by the tour !'acilitator or provickd by a tour and saElri operator with whom arrangements ha\'e been made by the facilitator for transportation of the clients;

(h) tour and safari operators, being persons conducting business from a base in Namibia by pro\'iding services for the planning and arranging of a combination of various tourists-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 destination spots, guides and meals as well as the provisions of accommodation to cI ients for the duration of a tour in faei Jit ies provided by the operator or in registered aeeolllmodation establishments;

(i) trophy hunting operators. being persons conducting business by providing services and facilities to tourists for hunting game for trophy purposes; and

3 1\0.3235 Government Gazette 1.+ July 2004

•

J

(j) Hhicle rental operators. bemg persons conducting business by pro\'iding :·:C'niees to tOUrists for hiring 1110tor \ehieles for tr3\·e1. either \vith or \vitllOut inclusion of the senices of a dri\cr to operate the \·ehiclc.

i\llI\ISTRY OF EI\VIROI\i\lEI\T A~D TOURISM

No. 137 2004

REGULATIONS RELAflN(j TO LEVY PAYABLE BY ACCOMMODATION ESTABLISHMENTS: NAMIBIA TOURISM BOARD ACT. 2000

Thc Minister responsible 101' Tourism has under scetion 30 of the Namibia Tourism Board Act. 2000 (Act No. 2\ of 20(0). made the rcgulations set out in the Schedule. which shall come into elTect on 1 November 2004.

SCHEDULE

Definitions

1. In these regulations, unless the context otherwise indicates. :1 word or expression to which a me:1I1ing has been assigned in the Act has that meaning. and ­

"Board" means the Namibia Tourism Board established by section 2 of the Act~

"levy period" means the pcriod prescribed by regulation 4( 1) ill respect of which the levy refcrred to in regulation 3 is payablc~

"owner" in relalion to a registered :Iccommodation establishment. means any person ­

(a) who. either solely orjointly with one or more other persons. is the holder of a certificate of registration Issued under section 20 uf the Act to eunduct that accommodation establishment: or

(b) who for the time being receives or is entitled to receive the proceeds of the profits :nising from the accommodation establishment:

"registered accommodation establishment'· means :111 accommodation establishment registered under section 20 of the Act~

"the Act" means the NamibIa TOUrIsm Board Act. 2000 (Act No. 21 of 20(0).

Tourism IcYy

2. Every owner of a registered accoml11odation establishment. other than a campsite or a camping and C:lravan park. must pay a levy to the Namibia Tourisl11 Board in the amount. and at the times and in the manner, prescribed by these regulations.

Basis for calculatino leYY.~

3. ( I ) The lc\y payable in terms of regulation 2 is ­

(a) the amount equal to t\\O percent (2So) of the total amount charged to guests o\"Cr 3 !c\'y period in accordance \\ith the establishmcnt's tarilT­

(i) for bed and breakfast: or.

(ii) if breaU:1st IS not included. tor bcd-night 3eeol11modation: or

(b) ll1 the ease ofan 3eeommodation establishment \\here a single taritT. inclusive of accommodation. tood and bever3ges and rccre3tional activities (if any)

4 Govem1TIent Gazette 14 July 2004 No.3235

is charged. the amounl equal 10 one percent (I %) of the total amount charged to guests over the levy period, calculated in accordance with the single taritT.

(2) Any amount representing value-added tax charged and collected in terms of the Value-Added Tax Act. 2000 (Act No.1 0 of 2000) in res[Jeet of the provision of a service, must be disregarded for the [Jurpose of calculating the amount oflevy payable in terms of subregu1Jtion (l).

Levy period and time and manner of payment

4. ( I ) The levy payable in terms of regulation 2 !TIust be paid in respect of every period of two months calculated with efTect from ­

(a) the date of COl11mencement of these regulations~ or

(b) the date of registration. in the case of an aceol11modation establishment registered after the date of commencement of these regulations.

(2) Payment of the amount of the levy must ­

(a) be made to the Board not later than ­

(i) the last day of the ca lcndar month that follows a levy [Jeriod; or

(ii) if the last day of that month falls on a Saturday, Sunday or public holiday. on the first business day after that day~

(b) be made at an olliee of the Board or in accordance with any other ammgement approved by the Board~ and

(c) be accompanied by a statement. in a f0l111 detennined by the Board, in respect of the levy period for which the payment is made.

Additional charge on late payment

5. An owner, who fails to pay the levy in full by the last day for payment prescribed by regulation 4(2)(a). must pay. in addition to the levy, a charge equal to 5 percent of any outstanding amount of the levy in respect of e,leh month or a part of a month during \vhich the outstanding amount remains unpaid.

Offences and penalties

6. An owner who. on expiry of a period of 14 days after the Board has sent a written demand to the owner requiring him or her to pay any outstanding amount of the levy or of interest accrued in terms of regulation 5, fails to pay that amount is guilty of an offence and is liable to a fine not exceeding N$ 4000 or to a sentence of imprisonment not exceeding one year or to both such fine and sLlch imprisonment.

No.323S Government Gazette 14 July 2004 :)

•

MINISTRY OF ENVIRON.I\IENT AND TOURISi\l

No. 13g 2004

REGULATIONS RELATING TO THE REGISTRATIOl\ OF REGCLATED BUSINESSES:

J\'A\1IBIA TOURISM BOARD ACT 2000

The Minister of Environment and Tourisll1 has under section 30 of the J\'amibia Tourism Board AcL 2000 (Act No. 21 of 2(00). made the regulations set out in the Scheduk, which shall come intn ellect on 1 Februarv 2005.

SCHEDULE

Arrangement of regulations

I. DclinitinJ1S i Form nr applicatinn. certIlicates and nthcr dncull1l.'nts 3. Application ror registratinn of a regulated buslncss 4. Rcquirements ror registratinn and obligatinns or rl'glstered operators 5. Application to alter category of rcgistration (l. ReapplicatIon irregistration is refused 7. Operator to provldc LICi Iities for inSJ1l.'ct ion S. Application alkr rl.'vocation or conditional rcglstratlnn 9. Issue or ccrli licate or registration and discs 10 Reinstatell1l'nt 0 I' registration II. Change 0 r P~lrt IClllars or regIstratIon I :2. Replacl'll1ent certificates 1."\ . [{clurn or certi licate or registration to Bn~lr(l

14. Appnll1tll1ent of manager I). lise nr Ingo of Board 1() Particular.s on letterheads and inrnrll1ation concerning services I- ()nly reglstelnJ regulated husinl.'ss may he conducted IS. Cnmpliance with relJuirements and rene\\al nr II1surance prl'll1iull1s I(J. Register of regulated businesses 20. Client register and retullls 21. Requlrl'll1ents in respect ofvehiclcs uscd ror activities , , Rcqulrl'ments in respect or vesseh uSl.'d rnr acti\ities

[{equirements in rl'spect or aircran uscd ror activities " i' Display nfcertilicate orregistratinn and nntice --'. 24. Pena \til'S

:\1ll1eXUIT ] Fees !\ nnexure :2 Acti\ity operators: Requirements for Registration and

ObJigatinns /\nne:l.urc \ Air charter oper~llors: Requirements for Registration and

ObligatIons Annl':l.urc 4 Booking Agents: Requirements ror Rl'gistration and

Obllg~ltlOlh

Annl.'XUIT :' Con fe ren ce cell treoperat 0 rs: Requi rem e nts 1'0 r Registration and Obligations

Annexure h Foreign tuur operators: Requirements for Registration ~lI1d ObligatIons

/\nnexure 7 Shuttle and transport sen'iee operators: Requirements ror Registration and Obligations

1\ nnex ure S Tour faeliltators: Requirements for Registration and Obligations

.-\ nnl.'X ure C) Tour and sat:m operators: Requirements for Registration and Obligations

6 Go\'t~llllllent Gazette 1-1- July 200-1- No.323:'i

Annexure 10 Trophy hunting operators: ReCjuirements for Registration and Obligations

Annexure 11 Vehicle rental oper~Itors: RequIrements for Registration and ObligatIons

Definitions

1. In these regulal!Olh. unless the COlllnt otherwise indiciles, a \HmJ ll1' expression to which ~l nlL'~lI1111g h~lS been aSSIgned In thc Aet has th~l[ meaning and ­

"aircraft" means airborne craft of \\hate\'er type, \\hether self-propelled ll1' not. and Includes a ho\'ererart and a hot-air balloon:

"approved form" me~lns ~I fonn apprmTd in terms or regulatIon 2:

"first-aid kit" means a portable container whieh is ­

(a) \\'~lter ~lI1d dust resist~lI1t: and

(b) stocked \\ith ;ldcqU~ltc ~l11d unexpired mcdic~11 supplies, equipment ~lI1d

remedies re~lsonably required for giving tirst ~lid treatment in any injury ll1' ..olher emergency situ~llion, in particubr sjtu~ltions likely to arise from the risks and dangers inherent to a particular activity offered by a regulated business:

"operator", in rebtlon to a regulated business, means the person ­

(a) by whom or on whose beh~llfthe regublL'd business is conducted or is to lw conducted, \\hate\\::r may be the nalure or extent of that person \ interest in the business; ll1'

(h) who fll1' the time beIng receives or is L'ntilkd to reeei\'e the proceeds or'the profits arising from the regulated business:

"recognised lirst-~lid certitlcate"l11eans a first-aid eertiliclte Issued alkr examin;ltion by a body or l11stitution approved as ~I eompelL'nt authority inlL'nm oflhe regubtions reLlting to health and sall.'ty made under the Labour Act. 19t)2 (/\ct \10. (J of 1(92) or any other body ll1' institution approved by the Minister with the conCUITence of the Minister responsible for health:

"registered accommodation establishment" means an aceomllHHbtioll est~lhlishment

registered under section 20 of the Act:

"registered insurer" means a company registered as an insurer under the Short-term Insurance Act. 199R (Act No.4 of 199R) or the Long-term Insur~mee Act. 199R (Act No. Sol' 199R):

"regubted business" mCl11S ~l husiness falling within a sector of the tourism industry which has been declared a regulated sector under section 23 of the Act:

"Road Traffie ;lIld Transport Act" mealls the Road Trat1le and Transport Act. 1999 (Act No. 22 of 19(9);

"the Act" means the Namibia Tourism Board Act. 2000 (Act No. 21 of 2000);

"\'essel" means any water-navigable craft of any type. whether self-propelled or not:

"vehicle" means any COl1\eY;lIlcc which can be used 1'01' the COI1\Tyance of persons or goods on land, whether self-propelled or not.

7 No.323:'i Gmell1lllent G:lzette 1-1- July 2()()-1­

•

•

Form of application, certificates and other documents

2. ( I ) E\l~ry application required to be made. and e\"ery certificate or other document required to be issued. in an appro\"ed form in terms of these regulations. must be made or issued in a form appro\"ed by the .'v1inister.

(2) The Board must. at the request 01' a person who proposes to make an applieation In terms of these regulations. furnish that person with the appropriate application form.

Application for registration of regulated business

J. ( I) An application in terms ofscetlon 24 of the Act ror the rcgistration of a regulated busIness must be made in the appro\"ed form and be accompanied by ­

(a) proof of the applicant's right of occupation of the premises. if any. from which the regulated business will be operated:

(b) a eertliled copy of any permit. appronl or other form ofauthorization which the applicant is required to obtain from any authority. other than the Board. in terms of any other hl\\" ­

(i) to conduct the l'a tegory of regulated busi ness to which the app lieation relates: or

(ii) to render any ser\"ice or C~lITY on ~lI1Y other business or aeti\"ity in or in ~lssoei:1tion with the regul;lll'd businl'ss.

or 1fan application fnr SUCh;l permit, ;lppro\"al nr ~llIthorisation is pending. proof to the S:ltlsl~letion of the Bn;ml that the application has heen made. with particubrs of thl' naturl' Iherl'ut":

(e) in the G1Se ufthe applicant being a cumpany or close e0!11oration. a eertilled cupy of the certificate of incorporation of the company or the close C( lrpor;l ti())):

(d) a written statement setting out tile aeti\ities. Llcilities and sen'iees to be prU\ided to clients:

(e) iI' an el1\'ironnlental imp:lct assessment plan is required to be submitted for apprU\al to :1I1Y authority in terms of any law in respect or any business operation or acti\"ity oL proof of such approval accompanied by a copy of the plan:

(n a safety and emergency respunse plan setting out particulars or eLJuipment and appliances to he pro\'ided and measures to be applied in relation to a partiCUlar acti\'ity offered by the regulated business ­

(i) for the safety of clients participating in the activity: and

(ii) to deal with an emergency th:lt m;IY arise from the participation of clients in the aeti\ity:

(g) any other mformation or documents prescri hed by these regulations or which the Board requires in connection \\ith the ;lpplication: and

(h) the appropriate application fcc prescribed in Annc:\lIre 1.

(2) Ifit IS proposed to prU\ide In eunnectlon with any aeti\itv of the regulated business ­

8 Govemment Gazette 1-1- July 200-1- No.3235

(a) a service for the transport of el ients, either as an integral part of the activity. as a e01ll1esy service or for recreational or ,my other purposes. the application in tell11S ofsub regulation (1) must be accompanied by proofthat the applicant has taken out general passenger liability insurance cover with a registered insurer for a minimum amount ofNS5 million;

(b) any service for the recreation of guests to be carried out under the guidance or supervision ofa statTmember or any other person engaged for that purpose, the application in terms of subregulation (I) must be accompanied by proof that the applicant has taken out general public liability insurance cover. including professional indemnity cover, with a registered insurer for a minimum amount of N$2.5 million.

Requirements for registration and obligations of registered operators

4. The requirements for registration and the obligations to be complied with by registered operators arc as prescribed in the Annexures to these regulations. as follows:

(a) activity operators Annexure 2:

(b) air charter operators Annexure 3:

(c) booking agents Annexure 4;

(d) eontCrenee centre operators Annexure 5:

(c) foreign tour operators Annexure 6:

(f) shuttle and transport service operators Annexure 7;

(g) tour facilitators Annexure 8;

(h) tour and safari operators Annexure 9;

( i) trophy hunting operators Annexure 10;

(j) vehicle rental operators Annexure II.

Application to alter category of registration

5. ( I) The operator of a registered regulated business who wishes to have an additional regulated business registered, whether located on the same or any other premises, must apply to the Board for the registration of that business.

(2) An application under subregulation (1) must be made in the approved foml and be accompanied by ­

(a) the documents referred in regulation 3 in respect of the additional regulated business; and

(b) the appropriate application fee prescribed in Annexure I for the additional regulated business.

Reapplication if registration is refused

6. If an application for registration of a regulated business is refused by the Board, the operator of the business must apply afresh for registration in accordance with regulation 3 if the operator wishes to pursue the registration of that business.

9 No.3235 Gove1l1ment Gazette 14 July 2004

•

•

Operator to proyide facilities for inspection

7. (I) The operator ofa regulated bus1l1ess in respect of which an inspector seeks to carry out an inspection for any purpose mentIOned in scction 1~(I )(b)(i) or (ii) l1r the Act. must at an reasonable times afford free access to any premises. equipment. \Thieles. books or records relating to the business to the inspector.

(2) If, in the case of an application for registration or a regulated business. the applicant fails to comply with subregulatlOn (J). the Board must not consider the application unless the applicant allows ful11l1spection as required by that subregubtion.

Conditional registration

8. (1) Upon granting a conditional registration ora regulated business under section 25 of the Act. the Board must issue III the appJic~111t a conditional certificate of registratil1n in the approved form upon payment or the :lppropriate fcc prescribed in Annexure I.

(2) A conditional registration ora regulated huslness may bL' granted subject to such conditions as mav be determined bv the Board ~1I1d included or ~lttached to the. . certi lieate or registration .

(3) If the owner ora regulated business in respect ofwhich the Board has revoked ,\ conditional registration in terms of section 25(2) or the Act wishes to pursue the registration l1fthat business. the owner must apply afresh for registratilln in the manner. and accompanied bv the documents and fcc. prescribed by regul~ltion 3.

Issue of certificate of registration and discs

9. ( J) On approval of an application for registration ofa regulated business and upon payment of the ,1ppropriate registratll1n ICc prescribed in Annexure I. the Board must issue tll the <Ipplicant ­

(,1) a certi ticate of registr,ltion 111 the approved form; and

(11) ,I disc hearing the name and emblem of the Board in respect oreach vehicle. vcssel or aircr,lli to be lIsed for the conveyance of persons in connection \\'ith any acti\'ity of that business.

(2 ) An operator must ­

(a) display the cLTtificllL' of registration or the regulated business in a conspicuous manner at the reception area or otTice orany premises at which the business is conducted. or ir such lhsplay IS not practiL·able. keep the certilicate ofrL'gistration aV~lilable for inspection on request of an inspector or any member of the public: and

(b) display on every \ochick. \esscl or aircraft referred to in subregulation (]) the disc issued in respect thereof.

(3) An operator who wishes to replace a disc issued in terms or subregulation (J) which is lost. damaged or destroyed. must apply in writing to the Board for a replacement lhsc and pay the appropriate replacement fee prescribed in Annexure I.

(4) Any \ThICJc. \essel or aircraft acquired by an operator or a rcgistered regulated bus1l1ess ­

(a) to replace an existing: \ehielc. \cssel or aircraft; or

(b) in addition to an\" existll1g \chielcs. \essels or aircraft.

10 Govemment Gazette 1-1- July 2004 No.3235

may not be used for the eOl1\'eyance of any pcrson in connection with any activity of the regulated business unless the operator. upon :lpplication to thc Board in writing and payment of the appropriate fcc prescribed in Annexure 1. has obtained from the Board a disc referred to in subregulation (J )(b) in respect of that \'ehiele. vessel or aircraft.

(5) A person commits an offence \\'ho ­

(a) uses a disc refCned to in subregulation (1) on a motor \'ehlele which has not been lawfully issued in respect of that motor vehicle by the Board;

(b) not being the owncr of a regulated business registered in accordance with these regulations. and with the intention to dccel\e. uses a disc of the Board referred to in subregulation (I )(b) without the consent of the Board or uses a tokcn or sign resembling a disc of the Board issued to operators under subregulation (I ); or

(c) being an oflerator ora registered business. f~lils to comply \\ith subregulation (2) or contravenes subregulatlon (4).

Reinstatement of registration

10. ( I) The operator of a regulated business of \\hieh the registr:ltlon has been withdrawn by the Board under section 26 of the Act must apply afresh for registration of the business if the operator wishes to have its registration reinstated.

(2) An aflfllication referred to in subregulJtion (I) must be mad\..' 111 the manner. and be accompanied by the documents and Icc. prescribed by r\..'gulatl()n~.

Change of particulars of registration

11. In the event of a change ­

(a) of the ()wnership or nal11e of a regulated business:

(b) of the ~lddress oftlle operator ofa regulated busil1\..·s~:

(c) of the person appointed as manager of a regulated business in terms of regulation 14; or

(d) resulting from the acquisition oLlI1Y replacement or additional vehicle. vessel or aireralt.

the operator must notify the Board thereofwithin 30 days of the date on which the change occurs.

Replacement certificates

12. (I) In the event of a certificate of registration of a regulated business being damaged. destroyed or lost. the operator of the busincss must apply in writing to the Chief Exccutive Officer for the replacement of that certificate.

(2) An Zlpplication in tenllS of subregulation (1) must be Zleeompanied by ­

(a) the damaged certificate. if the application relates to a certificate that has been damaged: or

(b) a SWOl11 statement explaining the circumstances of the loss or destruction of the certificate. if the application relates to a certificate that has been lost, or destroyed: and

(c) the appropriate replacement fee prescribed in Annexure 1.

No.3235 Govel11mcnt Clazetle ] -1- Julv 200-1- 1I

•

(3) Upon compliance with subrcgulation J. the Chief Executive Officer must issue to the apphcant a new certiticatc of rcgistratlon.

Return of certificate of registration to Board

13. (I) Thc operator of a regulated business must return to the Board the certiJicate of registratiun issued ll1 rcspect of that business if ­

(a) the registration of the regulatcd business is withdrawn under section 26 uf the Act:

(b) the operator ceases to conduct thc rcgulated busincss: or

(L) the name undcr which the regulated business is conductcd is L'hangL'd and a new certificate is issued by the Board.

(2) A person who fails to comply with subregulation (I) commits an offence.

Appointment of manager

14. ( 1) If the opcratur ufa rL'gisterL'd regulatcd busincss­

(a) is a body corporate. partnership or an association of persons: or

(b) is an individual not pLTsonally responsible for the day to clay control and managcmcnt of the business.

that operator must appuint a person tu clJl1c1uct the day tu day cuntrol and management of the regulated business and. not later than 30 days alter the date of registration of the business or on which the operator ceases to personally manage the business. as the case may be. noti fy the Board of the appointment of such manager.

(2) A notification ll1 terms of subregulation (I) must be made in the manner. and furnish the partiCUlars. as the Board may determine.

(3) The operator of a regulated business may not appoint a person as manager if the person ­

(a) is not a Namibian citizen or not resident in Namibia under a permanent residence permit or a work permit issued under the laws relating to lmmigrati on:

(b) is an unreh,lbilit'lted insolvent: or

(c) has. \\ithin the pniod of :'I years preceding the date of the proposed appointment. been convicted of an offence in respect ofwhich he or she has been sentenced to a period exceeding three months without the option ofa line.

Use of logo of Board

15. (1) Only a registered regulated business may. with the approval of [hc Board. usc the logo of the \lamibia Tourism Board for endorsement of its business. services and facilities.

(2) The Board may. upon gremting applo\al under subregulation (I). specify conditions subject to which the logo of the Board may be used ordisplayed by a registered regulated business.

(3) A person \\ho eontran:nes subregulation (1) or the operator ofa registered regulated business \\ ho filils to obsen'C any specification of the Board under subregulation (2). commits an offcnce.

12 Govel11l11ent Gazette 14 July 2004 No.3235

Particulars on letterheads and information concerning services

16. ( 1) The operator of a regulated busll1ess must ensure ­

(a) that particulars of the aeti\·ities. LlciJities and sen'iees offered to clients. as well as the tariffs charged and conditions of usc in respect of those activities. facilities and seniees arc clearly and conspicuously displayed at the reception area or office of the business and arc available in ~l written form on request to clients or prospective clients and for inspection by the Board or an inspeetor~

(b) that all letterheads used and all advertisements. brochures. pamphlets and other material published. distributed or made anJiablc for public infonnation, clearly indicate the regulated sector in respect of which the business is registered;

(c) that no false or misleading information is displayed. published or given in any way contemplated in paragraph (a) or (b).

(2) An operator ofa regulated business who fails to comply With subregulation (1) commits an offence.

Only registered regulated business may be conducted

17. (1) Subject to subregulation (2). the operator of a registered regulated business must ensure that the name under which the business is being conducted indicates ­

(a) the category of regulated business under whlch It IS registered; and

(b) no other category of business in conjunction with the business referred to in paragraph (a). unless such other class of business i~ also registered by the operator in accordance with these regulations.

(2) Despite subregulation (I). a person who. on the date of commencement of these regulations carries on a business or activity which is reqlllred to be registered in accordance with these regulations and which is being conducll'd under a name which docs not comply with the requirements of subsection (1), may if that business is registered under these regulations continue to conduct the business under the name eoneel11ed for a period not exceeding 5 years after the date these regulations come into effect, whereafter the operator must comply with subsection ( 1) in relation to that busl11ess.

(3 ) A person who fails to comply with subregulation (1) or (2) commits an offence.

Compliance with requirements and renewal of insurance premiums

18. ( I ) The operator of a registered regulated business must ensure that the requirements prescribed for registration in these regulations arc complied with at all times during the duration of registration of that business. including requirements in respect of any service or facility that the operator has contracted out to be provided or managed by any other person.

(2) operator of a registered regulated business who is required to take out insurance cover in accordance with regulation 3(2)(a) or (b) must ­

(a) ensure that the insurance premiums payable under the relevant policy arc regularly paid on the due date; and

(b) within 7 days after expiry of the due date. provide proof to the Chief Executive Officer of the payment thereof.

13 No.3235 Government Gazette 14 July 2004

(3) An operator ofa regulated business who fails to comply with subregulation (2)(a) or (b) commits an offence,

Register of regulated businesses

19. The register to be kept in tellllS of scction 27 of the Act 01' particulars of registered regulated busl1lL'sSCS must be in a 1'01111 approved by the Minister,

Client register and returns

20. (I) An operator or a reglslL'red regulated business must cause a register to be kept at the premises of the business ror entering the particulars prescribed in subregulatlon (2),

(2) The followll1g particulars must be enterl:d in the register in respect of each client or booking group in respcct ofwhol11 a sen icl.' 15 proVIded:

(a) citIZenship or country ofrcsidence:

(b) number of pcrsons in a group: and

(c) duration or senlcc provided ir it extends Ie) l110rc th:1I1 one day,

(3) Thc pperat(lr ofa registered regul~lted business. nr ILll11anagcr is employed. th~lt l11~ll1ager. I11mt subl11it to the Board. within the period and in thl.' Illl"111 deterl11ined by the Bnard. !llonthly rcturns relating to the acti\'itles. r~lcilltle, and Sl.'n Ices pro\ided hy the rl.'gulated business during the previous !llonth,

(4) An operator PI' a regublL.'d busillL'sS \\'110 j~lil, tll Clll11ply with subsection (1). (2) or (3) commits ~In offence,

Requirements in respect of, ehicles used for activities

21. The pperator llf a reguLtlL.'d business. other 111~ln a foreign tour operator. \\'hl.'re any vehicle is to he used 1'01' cOl1\eYlIlg clients on ~l j1ubhc mad in cnnncction with ~IIlY aeti\'ity or sel"\ice pn1\ided b\ the business must ensure that 1111 \'Chicle is used for that purpose unless ­

(a) the \'ehicle is registered ~Ind hcensed ul1lk'r the Road Traffic and Transport

• AcL

(b) in the case llf a n1lltor \'Chic k 0I' a class prescri bed under section 5~(2) 0 I' the Rnad TraffiC and Transport Act. a current madworthv certificate is in ttlrCe in respect or that motor \eblck:

(c) in the case 0 I' a nllJtor \eh ie Ie 0 I' a cLtss in respect of w hll.'h an operator card IS required to be held in accordance Ch~lplL'r 6 of the Road Traflic and Tr<1I1spurt Act. ~I nlid uper~ltor card IS displayed on that motor vehicle in the !llanner prescribed under that Act:

I d) the \'Chiclc bears clear identification of the operator's bUSiness on both sides of the \chicle:

(c) the dri\'Cr of the motor \ehicle holds a \~i1id dri\ing licence J'or the class uf nwtor \'ehicle used:

(n the disc or the Board is displayed on the vehIcle as required by regulation 9( 2): and

(g) the \'ehiclc GltTles. in a readily accessible position­

14 Government Gazette 1-1- Julv 200-1- No,3235

(i) ~l fire extinguisher: and

(ii) first-aid kit.

Requirements in respect of \'Csscls used for activities

22. (1) The operator of a regulated business where any \'essel is to be used for the conveyance of' clients in connection \\ith any activity or sen'icc provided by the business must ensure that no \'essel is used for that plllvose unless ­

(a) the body. machlllery. tackle. appJratus and other accesslwies or equipment of the vessel or used on the vessel is in good order and elfective action:

(b) every person ~Iboard the \'eSSclls prc)\'ided with a life-pcket lll' other means ofsatCty protection in the event oLlil emergency situatiun:

(c) in the case of a vesscl used for rafting. cvcry perS(1n ahl)ard the vessel is provided with a protective helmet:

(d) the person in control of' the vessel has received proper tlallllng in. or has sufficient experience or the handling of the type of \L'",--'l ll~ed: and

(e) in the case of a sea-going vessel, the provisions of thl' \krch~lilt Shipping Act, 1951 (ActNo,57ofI951)areatalltimescomplied\\lthlnrl'latil1Ilt0 the vessel and any person engaged to be in contr(11 (11' the \e',el.

Requirements in respect of aircraft used for activities

23. ( I ) The operator of a regulated business whlTe ~1Il:- aircr~lft is t(1 be used for the conveyance of clients in connection with ~lIlY ~letl\it:- ur sel'\ icc provided by the bUSIness must ensure that no aircran is used for that purPl)Sl' lillie-" the aircran ­

(a) is registered or licensed:

(b) has an air worthiness certificate.

issued under the Aviation Act, 1%2 (Act N0.74 of 1(62) and the CI \ Ii ..\ \ lation Regulations thereunder promulgated by Go\crnment Notice No. I (11'::: Jalllwr~ 2001.

(2) Any person engaged to be in control of an allCla!'t un ;lIlY flight carrying clients must be in possession of a \'alid aircraft operatm certiticate issued under the Aviation Act. 1962 (Act No,74 of 19(2) and the Civil A\'iation Regulat!lllls promulgated by Government Notice No, 101'2 January 2001,

Display of certificate of registration and notice

24. The operator of e\'ery registered regulated business must ensure that there be displayed at the reception area or any otTice or place where clients or prospective clients arc served ­

(3) the certificate of registration issued in respeet of the business: and

(b) the following notiee:

"This husiness, heing registered LIS LI regulated hlisilles,l IInderlhe Naillihia Tourism Board Act, 2000 (:lct Xo, 2 J 0(2()()()) is hI 1(/\1' required to cOlllph \\'ith certain III in ill II I III requirclllents relatillg to se/Tiees, facilities alld aclil'ities prol'ided. l(satis(action is 1101 ohtained/imll the III(//wgelllellt, cOlllplaint ill \\.,.iling 11101' hc lIIadc to iI/e Chie/EvccII/i"c, NUinihio TourislII Board, Private Bag 13244, Windhoek ",

15 No.3235 Govel11ment Gazette 14 July 200-1­

Penalties

25. A person eOlwicted of an offence under these regulations is liable to a fine not exceeding 1\S4 000 or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment.

A:\i\EXUREI

FEES

1. Application fees

Activity operators NS 1.000 plus l\S250 for each vehicle, vessel or aircran used. up to a maximum ofNS 10.000.

Operators olTering activities not involving usc of a vehicle. \'essel or airerart NS 1.200.

• Air charter opera tors ]\;S I ,000 plus J\:S600 for each aircrart, to a maximum

of NS I0.000 .

Booking agents NS I.~OO.

Conference centre operators NS2.200.

Foreign tour operators NS 10.000 plus NS50(J for each vehicle registered to operate 111 Namibia.

Shuttle and transport service operators NS I.O(JO plus NS300 for each vehicle. to a maximum of

NS~.OOO

Tour and saLlri operators NS 1.000 plus NS400 for each vehicle, to a maximum

ofNS I0.000

Tour facilitators NS3.~OO plus NS200 for every dISC issued.

• Trophy hunting operators ]\;S2.500 without hunting accommodation;

NS3.000 with hunting accommodation.

Vehicle rental operators NS 1.000 plus :..IS300 for each vehicle offered for rentaL to a maximum of NS 10.000.

2. Registration fees

Aeti\'ityoperators ]\;S50 for each vehicle. vessel or aircraft used, to a maximum of NS2.000:

Operators offering acti\itles not involving usc of a \ehiclc. \essel or aircraft]\;S 100.

Air charter operators NS 100 for each aircraft used. to a maximum ofNS2,OOO.

Booking agents ]\; S2 00.

Conference centres operators ]\;S200.

16 Government Gazette 1-+ July 200-+ No.3235

Foreign tour operators NS2.000 plus NS I00 for each vehicle registered for cOl1\'eying clients in Namibia.

Shuttle and transport service operators NS I00 for eaeh vehicle used. to a maximum ofN$2.000.

Tour and safari operators NS I00 for each \Thicle used. to a maximum ofNS2.000.

Tour facilitators NS200.

Trophy hunting operators N$200 without hunting accommodation;

N$200 with hunting accommodation.

Vehicle rental operators NS I00 for each vehicle offered for rental. to a maximum

ofN$2.000.

3. Operator conducting more than one business

If an application relates to a business comprising a combination of different categories of regulated businesses or classes of accommodation. the application fcc must be calculated as follows:

(a) 100% of the application fcc prescribcd in item I for any other type of thc core busincss as determined by the Board;

(b) 50% of the application fcc as prcscribcd in item I for any other type of the second main business as determined by the Board; and

(c) 25°!cl of the application fcc as prescribed in item I for any other type of business conducted in addition to business acti vities mentioned in paragraphs (a) and (b).

4. Other fees

Replacement of certificate of registration N$IOO

Replacement of disc. either for disc lost. damaged or destroyed or for a replacement of a vehicle N$80

Issue of additional disc NS200

Issue of new certificate of registration due to change of name or category of business N$IOO

ANNEXURE 2

Activity Operators: Requirements for Registration and Obligations

I. For registration as an activity operator. the operator of the business must provide recreational facilities. equipment and training to tourists in relation to tourist relatcd activities. such as horse riding. air ballooning. quad biking. white water rafting or other similar activities.

NO.3235 (Jovemment Gazette 14 lulv 2004 17

.-\t the operator's business premises or operational base ­

(a) the inside and outside of all pennanent buildings and structures and any grounds wherl' clients arc received or which arc used by them or to which they ha\"C access. must be kept in a clean and tidy condition and good order l)f repair at all times: and

(h) at least one tnile! must he provided for clients.

3. Equipment and facilities prO\ided for usc in connection with an activity must at all times he in goml order llfrepair and l'lrective action. Personal safety gear and equipment must be pnl\ided tll l'iIl'nh apprllpriate for the nsb and dangers or injury inherent to a particular activity.

~. Any activity oirered for pal1icipatlon hy clients must be provided Linder the guidance ol'a person with appropriate tnlining or experience tn advise ami assist clients.

• :'. The operator or at least one employee of the operator must he III possession of a

recognised first-aid ccrtilieate and such person must he in attend~l11el' at any place where. ,md for tIll' duration that. an activity is being carried on .

First-aid kit must he ,1\'aiLlhk in close proximity \\ here an aeti\it\· IS eanied out.

7. Any animal used In or In connection with an acti\it\· IllLlst he professionally trained for the type ol'\\llr~ it IS to perform ,md 1111 animal III List Ill' L1sL'd unless it is \H'II­maintained and in a lit and healthv condition. Anllllals tll be handbl by participanh must he of a reli,lblc and friendlv-tempered nature.

S. Guilklines and instructions reasonahly ITL]uired for acl\ising partieipanh in relation to risb mherent tll an al,ti\ity IllUst he provided to clienh either in \\Titing or in a fllrlllal prl'sentation.

,\1\' I\' F: Xli RE 3

Air Charter Operators: Requirements for Registration and Obligations

• I. For registr,ltion as an air ch~lrtl'r oper;ltoL the operator of the business mList provide

air eh~lrter !lights tn tourists I'or seenll' tours nr llthlT recreatlllilal purposes or transport to tourist destination spots, either with or without the Sl'l'\'lees ora pilot prmided hy the uperator.

At the husiness prelllisl's or operational base of a Namibian based operator­

(a) the inSIde and outside of all permanent huildings and structures and any grounds where clients arc reeei\"Cd or which arc used hv them or to which thev ha\T access, Illust he ~ept In a clean and tidy condit inn and good order ol'repair at all times: and

(h) at !eLlSt one toilet must be pro\lded for clients.

~ [)l'tai ls of any insurance co\'cr pro\-iclcd by :'1 registered insurer that is obtainable thruugh the assistance of the operator Illust be made a\ailahle tn clients. and any client taking out any such insurance cmer through the operator must he provided with the insurance policy ofthl' registered insurer.

4. The operator must. in respect of e\cry aircraft L1sed to transplll1 clients. he 1I1

possessIon 01'­

(a) an aircraft certificate of registration: and

18 Gove11l1l1ent Gazette 1-1- July 2004 No.3235

(b) air worthiness certificate.

issued under the Aviation Act. 1962 (Act No.74 of 1962) and the Civil Aviation Regulations thereunder promulgated by GO\·Cll1ment Notice No.1 of 2 January 2001.

5. Safety instructions in at least English must be ;l\·ailable on the airnatt for every passenger during any !light.

6. First-aid kit must be carried in a readily accessible position on the aireran during every flight.

Al\NEXURE4

Booking Agents: Requirements for Registration and Obligations

1. For registration as a booking agent. the operator of the bU<;l/less must provide senices for making bookings or reservations for travel by air. road or sea or for accommodation at hotels or other accommodation establishments on hehalf of tourists or any sector of the tourism industry.

2. Thc operator's business must be conducted from fixed prcmiscs and the opcrator must ensure that ­

(a) the inside and outside of all permanent huildings and structurcs and any grounds where clients arc received or which arc used hv thcm or to which they have acecss. arc kept in;1 clean and tIdy condition ~lIld In good order of repair at all times; and

(h) atkast one toilet is prOVIded for clients.

3. Details of any insurance cover provided hy a registered lnSUI"Cr that is ohtainahle through the agency of the booking agent must bc made a\ailablc to clients. and any client taking out any such insurance cover through the operator must be provided with the insurance pol icy of the registered InsurL'I.

ANNEXURE 5

Conference Centre Operators: Requirements for Registration and Obligations

1. For registration as a conference centre operator. the operator of the business must provide facilities, equipment and services for the holding ofconfcrenees. not being a facility which forms part of and is conducted by a registercd accommodation establishment.

2. The operator of a registered eon1Crenee centre must ensure that the following requirements arc complied with:

(a) All meeting rooms, including its furnishings, equipment and appliances. must be in a good state of repair;

(b) Meeting rooms must ­

(i) have sutTicient natural or artificial lighting.

(ii) have sufficient and effective ventilation or air conditioning;

(iii) be provided with adequate power points for confcrcnce equipmcnt; and

No.3235 Govellll11ent Gautte 1-1- July 200-1- 19

(1\) be provided with a minimum of one blaek or white board as standard for the room.

(e) Meetings rooms seating 150 people or more must be provided with a sound amplification system and microphones.

(d) Separate toi Iets for each 0 I' the sexes must be provided at the ratio of at least one toilet for every 25 delegates

(c) Suitable facilities for the regIstration of attendants of a meeting must be provided.

(f) Adequate parking facilities for vehicles on the premises must be pnwided.

3. In addition to the requirements of paragraph 2. the following equipment must be made available and provided on request:

(a) Slide. liltn. \)verbead or multimedia projectors with screens.

, (b) Video cassette recorders with television sets.

(c) Photocopying. telephone and fax facilitIes.

(d) SuffIcient number of good quality chairs and conference tables must be pro\'ided to permit a variety of seating conll~uratlons.

Al\l\EXURE6

Foreign Tour Operators: Requirements fOl' Registration and Obligations

I. For registration as a foreign lOur operator. the operator of the business must conduct busine~s from a base in a forCign country and provide services for bringing tourists to tourist destinations in Namibia.

• 2. An operator must be in pllssession of insuronee co\'Cr as prO\ ided in regulatIon

3(2)(a) ,md (b), obtained either from a registered insurer in Namibia or from an insurer registered in accord,lI1ce \\'jth thc IZl\VS of another country and providing equal cover for an (\'ent Ilccurring in Namibia.

A forcign tour operatllr who uses for a tour through any part of Namibia a motor vehicle which is not registered and licensed 111 Nomibia under the Road TranIc and Transport Act, must ensure ­

(a) that there is in force in respect of that \'Chlcle a eUlTent roadworthy eertitleate or other similar document Issued by a competent authority of the country where the operator is based ,IS contemplated in section 5S(4)(b) of the Road Traffic and Transport Act: and

(b) that in respect of any tour underUlken to l'\amibia which constitutes cross­border road tr'll1sport in accordance with the pnwisions of Port II of Chapter (1 ofthc Road TraffIC and Transport /\ct. a cross-border permit as required by those provisions is held by the operator:

4. An operator must ensure ­

(a) that e\ery person employed to accompany and IWO\'ide sen'ices to clients on a tour in N,lmibia \vho is not a Namibian citizen is authorised by an appropnate permit or other authorisJtionlssued under the immigration laws of Namibia to perform work of the kind in question In Namibia;

20 Govemment Gazette 14- July 2004- No.3235

(b) that every person employed to dm'C a motor vehicle in Namibian conveying clients is in possession of a \"alicl driver's !lcence issLled under the Road TrafTic and Transport Act or a \a!ld driver's licence or other document authorismg the driving of a motor vehicle of the class 111 question which in terms of section 41 of the Road Traffic and Transport Act IS deemed to be driver's licence for the purposes of that Act;

(c) iftranspOliation of tourists is provided by means of a motor \'Chicle in respect of which an operator card is required to be held in accordance Chaptcr 6 of the Road Traffic and Transport Act, that a valid operator card is displayed on that motor vchicle in thc manner prcscribcd by that Act: and

(d) that cvery vehicle used for transpOliing clients carries in a rcadily accessible position ­

(i) a first-aid kit; and

(ii) a fire extinguisher.

5. The operator or at least one employee of the operator must be 111 possession of a recognised first-aid eerti fieate and such person must accompany clients and be in attendance for the duration of a tOUL

6. Every vehicle used for conveying clients in Namibia, whether 0\\ ned by the operator or hired, must bear ­

(a) clear identification of the operator's business on both sides ofthc vehicle; and

(b) the Board's disc as required by regulation 9(2).

7. If a tour includes outdoor camping. the following must be pr()\ldcd to clients ­

(a) accommodation in tents or other suitable structures, each of which must be provided with ­

(i) a camping bed for each person, fitted with a mattress or sleeping bag; and

(ii) appropriate means of lighting.

(b) a lockable container for the safe keeping of valuables of clients;

(c) suitable washing and cooking facilities;

(d) equipment and facilities reasonably required for the comfort and leisure of clients: and

(e) suitable toilet and sanitation facilities.

Al\l\EXURE7

Shuttle and Transport Service Operators: Requirements for Registration and Obligations

I. For registration as a shuttle and transport service operator. the operator of the business must provide services for transporting tourists ­

(a) upon alTival and departure from or to a port ofentry, excluding any courtesy transp0l1 service offered by a registered accommodation establishment or rcgulated business exclusively to their guests or clients: or

21 Govemment Gazette 14 July 2004

(b) from any place in Namibia across any border of Namibia to a destination in a foreign country.

! i\ registered shuttle and transport sen'ice operator must ensure that no vehicle is used for transporting clients unless the opcrator holds a valid cel1ifieate of fitness issued in respect of that vehicle in terms of the Road Traffic and TransportAc!.

A;\NEXURE 8

Tour Facilitators: Requirements for Registration and Obligations

1, For registration as a tour facilitator. the operator of the business must provide services «1(- planning and arranging all-inclusl\'c tour packages J<)r tourists, either fixed tour programs or customi;ted tour programs to suit the preferences of lI1divldual tl)urists. with respect to itinerary, destinations and accommodation and with the Inclusion of transportation of cliL'nts either by means of motor vehicles specially hired Jar the particular purpose by the operator or prO\ Ided by a tour and safari operator with \vlwm arrangel1lents have been made by the nperator to provide tra nsport.

2, The operator's busll1ess must be conducted from lixed premises and the operator must ensure that ­

(a) the inside and outside of all permanent buildings and structures and any grounds where clients arL' reeL'I\n! or \\'hich arc u'-ed by them or to which they h:lVL' :leccss. arc kept 111 a clean and tidy condition ,11](1 in good order 01' repair at all tImes: and

(b) at least one toilet is pro\ided for clients,

3, I ftLlIlspnrtation o I' clients IS pn1\ Ilkd hy thL' opLTator. el"-'nls transported must be accompanied for the duration ofthcjoullley by a person \\110 is in possession 01':1 reeogn i"cd Ilrst -aid cert ilicate,

A'Il\EXURE9

Tour and Safari Operators: Requirements for Registration and Obligations

I, For rL'gistration :IS a tour and saLin opcrator. the operator of the husiness must !1rO\'ide sen ices t<1(' the planning and :IITanging ofa combination of vanous tourists­related services as a cohesl\'e programme for purchase directly from the operator or through a bOllking agent and ll1eludes sen'ices and facilities such as SIghtseeIng tours, transport tll tourist destinatIon spots. guides and meals as well as the prO\islons of accommodation to eliL'nts for the duration of a tlHlr in t:1cilities providcd by the operator or In regIstered accommodation establIshments.

--, The L)perator's business must he conducted from fixed premises and the operator must ensure that ­

(a) the inside and outsick of a11 permanent buddings and structures and ,111y grounds \vhere clients arc recei\ed or \\hieh arc used by them or to \\hieh they have :lceess. arc kept in a clean and tIdy condition and in good order of repair at all times: and

(b) at least one toilet is pro\ided for clients,

3, Any tour offered must be prO\ided under the guidance ofa person with appropriate training or experIence to assist and ,ld\ise clients,

22 Government Gazette 14 Julv 2004 No.3235

4. The operator or at least one employee of the operator must be in possession of a recognised first-aiel certificate. and such persol1must accompany clients and be in attendance for the duration of a tour.

5. Adequate refreshments of good quality must be provided to chents during any joul11ey along a route through remote places where facilities for food and beverages are not available.

6. If a tour ineludes outdoor camping. the follmving must be pro\lded to elients­

(a) accommodation in tents or other suitable structures. each ol'which must be provided \\ith ­

(i) a camping bed for each person. fitted WIth a mattress or sleeping bag; and

(ii) appropriate means or lighting.

(b) a lockable container for the safe keeping of valuables orclients;

(c) suitable washing and cooking LlCilitics;

(d) equipment and facilities reasonably required for the comfort and leisure of clients; and

(e) suitable toilet and sanitation facilities.

AI\I\EXUREIO

Trophy Hunting Operators: Requirements for Registration and Obligations

1. For registration as a trophy hunting operator. the operator of the busincss must ­

(a) providc sen'lces and facilitics to tourists ror huntlllg game for trophy purposes;

(b) qualify for registration in accordance with paragraph 2.

The following persons qualiry for registration as a trophy hunting operator:

(a) An individual who is the owner or lessee. or the holder of any other right to the possession and use of. land whieh is registered under the Nature Conservation Ordinance. 1975 as a hunting j~m11 or a guest farm registered under the Namibian Tourism Board Act. 2000;

(b) Any individual. company. close cOll1oration partnership or other association or persons holding a right to hunt game ror trophy puql0ses on any land in accordance with the Nature Conscrvation Ordinance. 1975;

(c) The spouse or domestic paIiner or a child of an 1l1dividual referred to in paragraph (a).

(d) In the case a company or a close corporation whieh is an owner or lessee or the holder of a right referred to in paragraph (a) ­

(i) a director of the company or a member of the close cOll1oration;

(ii) the spouse or domestic partncr or a child of a pcrson referred to in subparagraph (i).

No.3235 Government Gazette 14 July 200-1- 23

(c) An employee of a person referred to in paragraph (a) or (d) \\'110 ­

(i) resides on the land concerned: and

(ii) IS registered as a professional hunter or hunting guide under the Nature Consenation Ordinance. 1975.

(n 1n the case 0 1'1 and comprising a consenancy dec lared under section 24A of the Nature Consenation Ordinance. 1975 in rcspect of which a trophy hunting quota has been allocated by the Minister responsible for Environment. the chairperson of the relevant conservancy committee.

3. A trophy hunting operator who pro\ldes accommodation to guests. either in fixed premises or in tents or other temporary t:lcilities not being premises or a facility registered as an accommodation establishl11cnt under the Act. must comply with thc following requirements in relation to thc accommodation and facilities provided:

3 I Fixedjc/ci/il ies

• 3./.1 Bedroo/lls:

(a) At least I. hut not more than 4. hedrooms for guests must bc provided:

(b) Minimum 11001' area of each bedroom is 10m";

(c) Windows of bedrooms must be not less than 1m-. in total, provided with curtains or blinds:

(d) The entrance to each bedroom l11ust be provided with a lockable door and key;

(e) Each bedroom must be provided with ­

(i) Adequate beds for the number of pL'rsons occupying the bedroom. complying \\ith the following:

(aa) Minimum Size - single bcd 1ROem x 90em double bed 1ROem x 135cm:

(bb) Mattresses must be inncr-spring or foam rubher or cqlllvalcnt substance \vith a minimum thickness of 12cm: ProvIded that altell1atl\e suitable beds may be provided for ch i1dren.

(ii) a mirror of at least 250 em-.

(iii) a wardrobe or other storage E1ei lities for clothes and other belongings, at least one unit of which must have a serviceable lock:

(iv) if not fully carpeted. one noor mat, tanned skin or similar noor covering for each bed,of at least 1m-, or one piece of similar noor covering at least 2.4m' to serye all beds:

(\) a waste paper basket:

(\'i) at least one tumbler per guest.

3.1.2 Boll/roo/lls 0/7(/ loi/ds:

(a) Bathrooms and toilets Lleilities must be provided for guests separate from lhose for the operator's housclwld and stalT

24 Govemment Gazette 14 Julv 2004 No.3235

(b) Floors must bc of impcrvious material or concrcte.

(c) Baths. showcrs and washbasins must be providcd with hot and cold running water.

(d) Each bathroom must bc providcd with ­

(i) a washbasin: (ii) a mirror of at least 45cm x 30 cm. with an adjacent shelf: (iii) sufficicnt towcl rails. hooks or rings: (iv) a soap holder and soap: and (v) a washable bath mat.

(e) Each toilet must be provided with ­

(i) a toilet bowl with a lid: (ii) a toilet paper dispenser: (iii) toilet paper; and (iv) a sanitary bin with a lid.

(f) Bathrooms and toilets must have watcr-borne sewerage draining.

3.1.3 Dining room/lollnge

(a) Dining room and lounge facilities for guests may be prO\'ided either in the facilities of the operator's household or separately and must prO\ idc adequate seating for guests.

(b) Meals or suitable cooking facilities for preparation of food by gucsts must be provided.

3.1.4 Kitchens. H'ush-IIpS ({lUi/ood storage areas

(a) Facilities may be either those of the operator's household or may be provided separately for guests.

(b) Floors must be of an impervious matcrial or concrete:

(c) Each work surface must be of stainless steeL marble. granitc or other impervious material.

(d) All walls must be tiled to a height of at least 135cm fi'om thc noor and coatcd with washable paint above the tiles. or if not practicable, be coated eompletely with washable paint:

(e) Adequate refrigerators or other cold storage facilities must be provided:

(f) At least one sink with hot and cold running water must be provided for washing of dishes:

(g) Adequate and hygienic food storage areas must be provided.

(h) There must be no direct access to a toilet from the kitchen.

(i) Kitchens. wash-ups and food storage areas must be kept clean and free of insects and rodents.

3.1.5 Laundnj'acilities

Faeilities for the washing. cleaning and ironing of guests' clothes and other belongings must be available on or off the premises.

No.3235 Government Gazette 14 July 2004 25

3.':: TCIllcd or olhcr IClllporcliT uccollllllodatioll:

Each tent or other temporary accommodation unit must be provided with ­

(a) a bed and mattress or sleeping bag for each guest:

(b) a lockable storage box or salC:

(c) adequate lighting:

(d) suitable facilities for cooking and washing of dishes:

(c) ablution and toilet t~lcilities which must be kept in a clean and hygicnic condition at all times.

3.3 Focililics olld sCITicc III 1'1'/011011 10 o('("()/II/1)()(/Olloll

(a) Clean bcd hnen and bath towcls in sufficient quantitics must be proVIded for each newly arri\ed guest and be changed at least once per week.

(b) Bedrooms in a Ii xed establishment l11ust he cleaned dailv.

(c) Bedrooms. dining rooms. lounges and kitchens must be properly ventilated.

(d) A lire extinguisher or other suitahle lire-lightll1g appliance must be provided in readily available on the premises.

(c) The inSIde and outside of all permancnt buildings and thc 11remlses ofthc cstablishment must be kept c!can and in good order or repair.

(n First-aid kit must he a\allable in a ITadlly accl'ssihlc position.

(gl Staff memhers engat'-ed in senll1g guests must at :111 times he clean and suitably dressed.

(hl An operator must ensure that stalTmel11bers engaged in preparint'-. handlint'-. serving or selling food (lr he\erat'-es comply with the provisions ofChaptcr XIX or 1he (jeneral ]-kalth Ret'-lilatiol1S promult'-atcd umkr CiO\ert1mel1t Notice No. 121 of \4 October \969.

(il (illests l11ust be prO\'ided access to telephone or other coml11unicatHln 1~lcilitiL's.

(j) Guests must ha\'C 24-hour access t() accommod;1tion 1~1cI1ities. If a staff mel11ber is not :l\ai lable at a\ I times. guests must be pr(wided with keys to the premises and their rooms.

(k) Guidelines and instructions reasonably required for ad\ 1Sll1l! ellesls In relation to risks inherent to the huntint'- operations and the en\ironment t11ust be prO\ided either In writing nr In a formal presentation.

5. RCijllirc/IlclIls ill rC.ljJccl O(hlllllillg OClil'ilics

(a) Every trophy hunting operator must ensure ­

(il that only Hunting Guides. 'v1aster Huntll1g Guides or ProlCssional Hunters registered under Nature Conserntion Ordinance. 1975 arc engaged in guiding trophy hunters \\hile on ;1 l1ltntll1g excursion:

(iil that every vehicle used for hunting. 1S equipped w1th­

26 Government Gazette 1..:1- July 200..:1- No.3235

(aa) appropriate seating facilities for hunters:

(bb) holding L1cilities for a gun or ritle: and

(cc) a first-aid kit in a readily accessible position:

(iii) that on e\'CI"Y \ehicle used for hunting the Board's disc is displayed as required by regulation 9(:2):

(iv) that equipment and facilities pnJ\·ided for hunting activities arc kept in a good order of repair and effective action:

(b) A suitable place for slaughtcring animals and salting of trophies must hl' provided, as \Veil as appropriate equipment and applianccs for such opcrations. A gantry-type slaughterIng I~lcility must be provided.

(c) Facil ities for the testi ng 0 f ri Ilcs l1lust be provided hy the operator and locatl'd in such a position as to prevent any rIsk of injury. harm or damage to any person, animal or property.

ANJ\EXURE 11

Vehicle Rental Operators: Requirements for Registration and Obligations

I. For registration ofa regulated business as a vehicle rental ()perator, the operator of the business l1lust provide sen·ices to tourists for hiring (lut l1l()tor vehicks for travel. either with or without ll1elusion of the services of a drI\cr to operate the vehicle.

The operator's business must be conducted ii'()m fixed premiscs and the operator must ensure that ­

(a) the inside and outside of all permanent buildings and structures and any grounds wherc clients arc rccei\"Cd or which arc used by them or to which they have aeecss, arc kcpt in a clean and tidy condition and in good ordcr of repair at all times: and

(b) at least one toilet is provided for clients.

3. The operator of a \'Chicle rental business must ensure ­

(a) that details of services offel"Cd. conditions of rental and tariffs are clearly displayed at the premises of the business or are made available in the form of a brochure:

(b) that a register is kept at the business premises of all vehicles used and provided by the operator for rental purposes to clients at any given time. An operator must on request supply a copy ofthat register to the Board: and

(c) that vehicles provided to clients under renta I agreements arc in a roadworthy condition at all times and comply in all respects with the provisions of the Road TratTie and Transport Act relating to thc usc ofa vehicle of the pm1ieubr class on a public road.

4. A rental agreement oftcred by an operator must contain, or be accompanied by a brochure or statement setting out information and options in relation to ­

(a) the conditions subject to \vhich \"Chic1cs arc offered for rental by the operator. which must also be explained to the client verbally. and conditions on speeding and travelling on gra\'Cl roads must he highlightcd in the agreement: and

No.3235 Gove1l1ment Gazette 1-1- July 2004 27

(b) any motor \'ehiele and travel insurance CO\Tr obtainable from registered insurers. including insur~lIlce COH'r for emergency medical expenses. personal accident, return or mortal remains. personalliabil ity and other risks:

5. Upon conclusion of ~I rental agreement the operator must provide the client with a copy of that rental agreement containl11g or accompanied by the conditions applicable to the agreement.

6. Breakdown. tOW-1I1 or other roadside assistance serviccs must be available to clients.

MINISTRY OF EI\\'IROI\MEI\T AND TOURISM

No. 139 2004

REGULATJONS RELATING TO THE REGISTRATION OF ACCOMMODATION ESTA[3LlSHMENTS: NAMIBJA

TOURISM BOARD ACT. 2000

Thc Minister rcsponsible IllrTourism has under section]O orthc Namibia Tourism Board Act. 2000 (Act No. 2101'2(00). made the regulations set out in the Schedule WhICh shall comc I11to effect on I ]\;0\ ember 2004.

SCHEDULE

AHHANGEME1\T OF REGULATIONS

I. Definitions 2. Form of applIcations. certificates and other documents 3. Classification ofaccommod<Jtion est<Jblishmcnts 4. Applic<Jtion for registrations of accommodation establishments 5. Application for registration of different or ~Idditional class of accommodation

est<Jbl ishments (1. Reapplic<Jtion ifregistration is refused 7. Owner to provide j~lcilities Il,r inspection ~. Conditional registr~ltion

9. Reinstatement of registration 10. Issue of certificate of registr<Jtion 11. Display of certiflcClte of registration and notice 12. B<Jckp<Jekers hostels 13. [kd <Jnd Breakt~lst est~lblishments

14. Campsites 15. C<Jmping and C<Jr~l\an parks 1(1. (iuest j~lrms

17. Guest houses I~. Hotels 19. Hotel pensions 20. Lodges (other than tented lodges) 21. Resorts 22. Rest camps 23. Sc If-catering aceommodat ion estabIishments 24. Pcrmanent tcnted camps and tented lodges 25. Requirements in respect or conference t~lcilities

26. Compliance with requl1Tments and rene\\ al of insurance premiums 27. Compliance \\ith General Health RegulatIons 28. Register of accommodation establishments 29. Gucst register and returns 30. Change of particulars of registration 31. Replacement of certificates 32. Return of eertificClte of registration to Board 33. Relaxation of registration requirements

Gove111ment Gazette 14 July 2004 No.3235

.~-1""'PI~oll1tmel1\of manager ,~ C ~c of logo of Board .~(, Paniculars on letterheads and information concerning sen'iees

Only business of registered aecommod,llion establishmcnt may be conducted .~ '\ Exemptions ~l) Transitional arrangement -III. Fees for grading and regrading ofaeeommodation establishments -11 Penalties -12. Amendment of Regulations Relating to Accommodation Establishments and

Tourism

ANNEXURE I FEES A\lNEXURE2 BACKPACKER HOSTELS: MINIMUM REQUIREMENTS

FOR REGISTRATION ANNEXURE 3 BED AND BREAKFAST ESTABLISHMENTS: MINIMUM

REQUIREMENTS FOR REGISTRATION ANNEXURE 4 CAMPSITES: MINIMUM REQUIREMENTS FOR REGIS­

TRATION ANNEXURE 5 ('AMPINC; AND CARAVAN PARKS: MINIMtJM REQUI­

REMENTS FOR REGISTRATION ANNEXURE 6 GUEST FARMS AND GUEST HOUSES: MINIMUM

REQUIREMENTS FOR REGISTRATION ANNEXURE 7 HOTELS AND HOTEL PENSIONS: r..,lINIMUM REQUIRE­

MENTS FOR REGISTRATION ANNEXURES LODGES (CHHER THAN TENTED LODGES): MINIMUM

REQUIREMENTS FOR REGISTRATION ANNEXURE 9 REST CAMPS: MINIMUM REQUIREMENTS FOR REGIS­

TRATION ANNEXURE 10 SELF-CATERING ESTABLISHMENTS: MINIMUM

REQUIREMENTS FOR REGISTRATION ANNEXURE II PERMANENT TENTED CAMPS AND TENTED LODGES:

MINIMUM REQUIREMENTS FOR REGISTRATION

Definitions

1. In these regulations. unless the context otherwise indicates, any word or expression to whieh a meaning has been assigned in the Act has that meaning and ­

"approved form" means a form approved in terms of regulation 2: "bed" means a bed which is ­

(i) at least I ROem long and 90cm wide, in the case of a single bcd, or I ROem long and 135cm wide, in the case of a double bed: and

(ii) fillcd with an inner-spring. foam rubbcr or other equivalent mattress with a minimum thickness of 12cm:

"bedroom" means a room with beds intended to be occupied by a tourist;

"caravan" means a vehicle equipped to be used by persons for living and sleeping purposes, whether a self-propelled vehicle or a trailer:

"caravan pitch" means the area set aside within a caravan park for the parking of a caravan and its towing vehicle, ifany:

"certificate of registration" means a cel1ifieate of registration referrcd to in regulation 10;

"ell suite bedroom" means an accommodation unit comprising a bedroom with attached bathroom and toilet facilities provided in a separate or adjoining room;

No.3235 Govel11ment Gazette 14 July 2004 29

,

"first-aid kit'· means a portable container which lS ­

(a) water and dust resistant: and

(b) stockcd with adequate and unexpllTd medical supplies. equipment and remedies reasonably required for giving first aid trcatment in any injury or other emergency situation:

"guest service directory" means a booklet. brochure or other publieation containing information on services and facilities prO\icled hy an accommodation establishment to guests in relation to telephone usage. meals sen'ice times. laundry service. tariffs and other material:

"on-consumption liquor licence" means any liquor licence of a kind mentioned in the definition of that term in section I of the Liquor Act 1998 (Act No, 6 of 1998):

"owne(·. in relation to an accommodation establishment. means the person by whom or on whose behalf the business of the class llfaecol11modation establishment concerned is conducted or is to be conducted:

"registered insurer" means a company registered as an insurer under the Short-term Jnsuranee Act. 1998 (Act No, 4 of 1998) or the Long-te1111 Insurance Act. 1998 (act No, S of 1995);

"the Act" means the Namibia Tourism Roard Act 2000 (Act No, 21 \)f 2(00); and

"tiled". in relation to a wal!. means covered with porcelain or ceramic slabs. slate stone, slasto. marble or some other impervious material approvcd by the ChlelTxecutivc Oniccr,

Form of application, certificates and other documents

2. (I) Every application required to be made. and every certilieate or other document required to be issued. in an approved form in terms of these regulations. must be made or issued in a form approved bv the 1v1inister.

(2) The Roard must. at the request of a person who proposes tll make an application in terms of these regulations. furnish that person with the appropriate application form.

Classification of accommodation establishments

3. ror the purposes of registration in terms of sectilln 20 of the Act. accommodation establishments arc classified into the following clZlsses:

(a) backpackers hostels:

(b) bed and blTZlkfast estZl bl ishments:

(c) eZlmpsites:

(d) camping and caravan parks:

(c) guest farms:

(f) guest houses.

(g) hotels:

(h) hotel pensions:

(i) lodges (other than tented lodges):

30 GovC111ment Gazette 14 July 2004 No.3235

IJ) resorts;

I k I rest camps;

( I) self-catering establ ishments; and

(m) pennanent tented camps and tented lodg:es.

Application for registration of accommodation establishment

4. (1) An appl ieation for the first regIstration of an accommodation establishment in anyone or more of the classes mcntioned in regulation ~ must be made in the approved form and be accompanied by ­

(a) a plan for the retention of the Board with the specifications and rartieulars sctting out ­

(i) the location of the land on which the accommodation establishment to be registered is situated;

(ii) a drawing showing with reasonable precision the layout of the various units on the land on which the accommodation establishment is situated. with the number. nature and dimensions of rooms. wall finishing and f100r co\'ering and all roads. sanitary and ablution facilities and drainage details;

(iii) the materials used and the method of construction of all buildings; and

(iv) the provision to be made for fire prevention;

(b) proof to the satisfaction of the Board of the applicant's rig:ht of occuration of the land on which the accommodation establishment is situated:

(c) a certi fied copy oLmy permit. approval or othcr form ofauthorisation which the applicant is required to obtain from any authority other than the Board in terms of any other law ­

(i) to conduct the business of the class ofaccoml11odation establishment to which the application relates: or

(ii) to render any service or to canyon any other business or activity in or in association with the accommodation establishment.

or if an application for such permit. approval or authorisation is pending. rroof to the satisfaction of the Board that the application has been made. with rarticulars of the nature thereof;

(d) in the case of the applicant being a company or close corporation. a certified copy of the certi fieate of incorporation of the company or the close corporation;

(c) a statement setting out the services to be rendered and recreational and other facilities to be provided to guests:

(f) if an environmcntal impact assessment plan is required to be submitted for approval to an authority in terms of any law in respect of any business, operation or activity of the accommodation establishment. proof of such approval accompanied by a copy of the relevant plan;

31 No.3235 Government Gazette 14 July 2004

,

(g) any other inforn1ation or documents prescribed by these regulations or which the Board requires in connection with the application: and

(11) the appropriate application fee prescribed in Annexure 1.

(2) Jl' it is proposed to provIde at the accommodation establishment ­

(a) a service for the transport of guests. whether as a eomiesy service or for recreational or any other purposes, the application in terms of subregulation (1) must be accompanied by proof that the applicant has taken out general passenger liability insurancc covcr with a registered insurer for a minimum amount ofN$5 million:

(b) any service for the recrcation of guests under the guidance or supervision of a stafTmember or any other person engaged for that purpose, the application in tcrms of subregubtion ( 1) must bc accompanied by proof that the applicant has taken out general public liability insurance cover, including professional indemnity eovcr with a registered insurcr for a minimum amount ofN$2.5 million.

Application for registration of different or additional class of accommodation establishment

5. (I) Thc owncr of a registercd accommodation establishment who wishes ­

(a) to have the accommodation establishment registered under a different class of accommodation establishment: or

(b) to rcgistcr an additional class of accommodation establishment, whether situated on the same premises or elsewhere.

must apply to the Board for the registration of such differcnt or additional class of accommodation cstablishment in the manner prescribed 111 respcct of an application for an initial registration.

(2) An application under subregulation (1) must ­

(a) be madc in thc approved form: and

(b) be accompanied by­

(i) the documents and proofrefcrred to in regulation 4 in respect orthe differcnt or additional class ofaccommodation establishment required to be registered: and

(ii) the appropriate application fcc prescribed in Annexure 1.

Re-application if registration is refused

6. If an application Jar registration of an accommodation establishment is refused by the Board. the lJ\\ner l1fthe accommodation cstablishment must apply afi-csh for rcgistration in accordance with thcse rcgulations if the lJ\\ncr wishes to pursue the rcgistration of that accommodation cstablishmcnt.

Owner to provide facilities for inspection

7. (1) Thc owner of an accommodatIon cstablishment in rcspect of\\hieh an inspector seeks to earry out an 1I1spectlon lor any purpose mentioned in section IS( I )(a)(i) or (ii) of the Aet. must ~\t all reasonable timcs afford frce aeecss to e\Try part of the prcmiscs of the ;lccomll10dation establishment to the inspector. and any other

32 Government Gazette 14 July 2004 No.3235

person other than the owner residing in such accommodation cstablishment must afford free access at all reasonable timcs to such inspector to every room occupied by that person.

(2) if, in the case of an application for rcgistration of an accommodation establishment. the owner fails to comply with subregulation (I). the Board must not consider the application unless the applicant allows full inspection as required by that subrcgulation.

Conditional registration

8. (I) Upon granting a conditional registration of an accommodation establishment under section 25 of the Act, the Board must issue to the applicant a conditional certificate of registration in the approved fom1 upon payment of the appropriate fcc prescribed in Annexure I.

(2) A conditional registration of an accommodation establishment may be granted subject to such conditions as may be determined by the Board and included or attached to the certificate of registration.

(3) If the owner of an accommodation establishment in respect of which the Board has revoked a conditional registration in terms of section 25(2) of the Act wishes to pursue the registration of that establishment, the owner must apply afresh for registration in the manner. and accompanied by the documents and fcc. prescribed by regulation 4.

Reinstatement of registration

9. The owner of an accommodation establishment of which the registration has been withdrawn by the Board under section 26 of the Act must apply afresh for registration of the accommodation establishment in the manner, and accompanied by the documents and fee. prescribed by regulation 4, if the owner wishes to have that registration reinstated.

Issue of certificate of registration

10. On approval of an application for registration of an accommodation establishment and upon payment of the appropriate registration fcc prescribed in Annexure 1. the Board must issue to the applicant a certificate of registration in the approved form.

Display of certificate of registration and notice

11. (I) The owner of a registered accommodation establishment must ensure ­

(a) that the certificate of registration issued in respect of the accommodation establishment is displayed in the reception area of the establishment or any other place to which members of the public have access: and

(b) that the following notice is displayed in the reception area of the establishment or any other area to which members of the public have access, as well as in every bedroom or other residential unit of the accommodation establishment:

"This establishment, being registered as an accollllnodation establishment under the Namibia Tourism Board Act, 2000 (Act So. ;; 1 a!20(0) is hy la\\' required ta comply 1\'ith certain minimum requirements relating to accomll70dation and sen'ice. I( satisfaction is not obtained j;wn the management, complain( ill \\Titing mar be made to the Chief Executive Otficel: Namibia Tourism Board, Private Bag 13244, Windhoek. "'.

Government Gazette 14 July 2004 No.3235

person other than the owner residing in such accommodation establishment must afford free access at all reasonable times to such inspector to every room occupied by that person.

(2) If, in the case of an application for registration of an accommodation establishment, the owner fails to comply with subregulation (I), the Board must not consider the application unless the applicant allows full inspection as required by that subregulation,

Conditional registration

8. (I) Upon granting a conditional registration of an accommodation establishment under section 25 of the Act, the Board must issue to the applicant a conditional certificate ofregistration in the approved fon11 upon payment of the appropriate fcc prescribed in Annexure I.

(2) A conditional registration of an accommodation establishment may be granted subject to such conditions as may be determined by the Board and included or attached to the cCl1ifieatc of registration.

(3) If the owner of an accommodation establishment in respect of which the Board has revoked a conditional rcgistration in tCll11S of section 25(2) of the Act wishcs to pursue the registration of that establishment, the owner must apply afresh for registration in the manner, and accompanied by the documents and fcc, prescribed by regulatIon 4.

Reinstatement of registration

9. The owner of an accommodation establishment of which the regl~tration

has been withdrawn by the Board under section 26 of the Act must apply afresh fur registration of the accommodation establishment in the manner, and accompanied by the documents and fcc, prescribed by regulation 4, if the owner wishes to have that reglstratll1n reinstated,

Issue of certificate of registration

10. On approval of an application for registration of an accommodation establishment and upon payment of the appropriate registration fcc prescribed in Annexure I, the Board must issue to the applicant a certificate of registration in the appru\ cd form.

Display of certificate of registration and notice

11. (I) The owner of a registered accommodation eqabltshment must ensure ­

(a) that the certificate of registration issued in respect of the accommodation establishment is displayed in the reception area of the establtshment or any other place to which members of the public have access: and

(b) that the following notice is displayed in the reception area of the establishment or any other area to which members of the public have access, as well as in every bedroom or other residential unit of the accommodation establishment:

"This establishlllent, being registCl'ed as all acco/lllllodation establishlllent under the Nalllihia TourislII Board Act, 2000 (Aci .Yo. 210/20(0) is hy 1{/\1' required 10 comph- 1\'ilh certain lIIinimulII requirelilents relating to accolilmodaliol/ and sen'ice, If satisfaction is not obtained .Iiml/ the management, cOlllplaint in lIFiting m{/\' be lIIade to the Chief Executive Officc}~ Namibia Tourislll Board, Privale Bag 13244, Windhoek.".

No.3235 Govelllment Gazette 14 July 2004 33

(2) An owner of a regulated business who fails to comply with subregulation (I) commits an offence.

Backpackers hostels

12. An accommodation establishment may be registered as a backpackers hosteL if the establishment­

(a) comprises a dOllllitory or hostel or any other facility in which accommodation is provided primarily to backpackers;

(b) in the case or a facility other than a dormitory or hostel, has at least two bedrooms availablc for accommodation by gucsts which ­

(i) arc separate rrom any printe dwelling on the premises; or

(ii) if part of or attachcd to a privatc dwclling. arc separated from the dwelling by means orwalb and sccurable doors; and

(c) meets the minil11um requircl11cnts set out in Annexurc 2.

Bed and breakfast establishments

13. An accommodation establishment may be registered as a bcd and breakf3st establishmcnt if thc cstablishment ­

(a) provides accommodation either within or on the premises of a private dwelling where the owner or any other person in charge of the establishment lives;

(b) have at least two. but not more than five. bedrooms available for thc accommodation or guests;

(c) provides at least break l~lSt to guests. either served or on a se If-eatering basis; and

(d) l11eets the l11inil11um rcquirements sct out in Annexure 3.

Campsites

14. An accommodation cstablishment mav lll' registered as a cam[1site. if tilL' establishment ­

(a) oilers deSIgnated camping areas for the erection of tents. awnings or other tcmporary structures of guests for dwelling or sleeping purposes;

(b) providcs ablution and toilet facilities for usc by guests; and

(c) mects the minimum requirements set Ollt in Annexure 4.

Camping and caravan parks

15. An 3ccommodation cstablishment may be registcred as a camping 3nd caravan park. if the establishmcnt­

(a) comprises ~1l1 area of land cont3inll1g pitches for the p3rking of earanns. either those or guests or on-site eara\ans prmided by thc establishment for hire by guests. or cont3ining earann pitches 3S well as camping sites for the erection of tents. a\\"llings or other temporary struchlres ofguests camping without a caravan:

34 Govemment Gazette 14 Jul v 2004 No.3235

(b) meets the minimum requirements set out in Annexure 5.

Guest farms

16. An accommodation cstablishment may be registered as a guest farm. if the establishment ­

(a) is located on a farm or other rural area and within a natural environment where the owner of the establishment or other person in control thereof lives:

(b) comprises at least five bedrooms for accommodation by guests. which ­

(i) arc separate from any private dwelling on the premises: or

(ii) if part of or att~1Ched to a private dwelling. arc separated from the dwelling by means of walls and securable doors:

(c) provides meals to guests. or food for the preparation of me~ll s by gucsts at the premises: and

(d) provides recreational faci Iities to guests: and

(c) meets the minimum requirements set out in Annexure 6.

Guest houses

] 7. An accommodation establishment may be registered as a guest house. if the establishment ­

(a) provides accommodation and at least breakfast facilities to guests. including a business conducted as a motel or botel:

(b) comprises at least five bedrooms for accommodation by guests, which ­

(i) arc separate from any private dwelling on the premises: or

(ii) if part of or attached to a private dwelling. are separated from the dwelling by means of walls and securable doors:

(c) meets the minimum requirements set out in Annexure 6.

Hotels

18. An accommodation establishment may be registered as a hotel, if the establ ishment ­

(a) comprises at least 20 bedrooms for the accommodation of guests, all of which must be e/7 .Illite bedrooms: and

(b) meets the minimum requirements set out in Annexure 7.

Hotel pensions

19. An accommodation establishment may be registered as a hotel pension. if the establishment ­

(a) comprises at least 10. but not more than 20. bedrooms for accommodation of guests, all of which must be e/7 .Illite bedrooms and which ­

:\0.3235 GovemlTIent Gazette 14 July 2004 35

(i) are separate from any private dwelling on the premises: or

(ii) if part of or attaehed to a pri\ate dwelling. are separated from the dwelling by means of walls and seeurable doors: and

(b) meets the minimum requirements set out in Annexure 7.

Lodges (other than tented lodges)

20. An accommodation establishment mav be registered as a lodge, if the establishment ­

(a) is located in a rural area or other area within a n,ltural environment where recreation facilities arc offered:

(b) comprises at least Jive bedrooms for the accommodation of guests:

(C) has a dming room or restaurant for the service of meals to guests:

(d) provides recreational L1cilities to guests like. game drives. health spa or other similar acti\ities: and

) (e) meets the other minimum requirements set out in Annexure ~.

Resorts

21. An establishment may be registered as a resort. if the establishment otTers tourism incorporating accommodation. food and beverage services and recreational LlCilitles. and ­

(a) is located m a rural arca or other area within a natural environment:

(b) comprises a combination of at least three classes of accommodation establishments. at least one ofwhieh meets the requirements prescribed for either a hotel. a hotel pension. a lodge or a tented lodge: and

(c) comprises at least 40 bedrooms for the aecommmbtion of guests in the combination of establishments. of which at least 25 arc ('/I s/lile bedrooms:

(d) has restaurant and bar facilities that meet the requirements set out in Annexure 7 with regard to restaurant and bar facilities of a hote!.

(c) pro\'ides In respect of e\ery bar at \cast one toilet for each of the sexes;

(1) offCrs recreation activities and J:1Cilities. such as a swimming pool, sauna, golf course. horse riding. game drives or other activities or facilities for the enjoyment of guests:

(g) meets the minimum requirements set out in the appropriate Annexures with respect to the different classes ofaccommodation establishments conducted in combination in the resort.

Rest camps

22. An accommodation establishment may be registered as a rest camp. if the establishment ­

(a) pro\ides accommodation to guests primarily in rooms. rondavels. bungalows. or olher accommodation units. and may include. in combination tllCre\\ith. accommodation facilities in the form ofcampll1g sites or caravan pitches:

36 Govelllment Gazette 14 July 200-1- No.323S

(b) comprises at least four accommodation units. cxcluding camping sites and caravan pitches:

(c) mcets the minimum requirements as set out in Anncxure 9.

Self-catering accommodation establishments

23. An accommodation establishment may be registered as a self-catering accommodation establishment. if ­

(a) accommodation is provided on a self-catering basis in an accommodation unit being a house. flat. chalet or other residential unit:

(b) an accommodation unit comprises at least one bedroom with a kitchen and lounge area and bathroom facilities; and

(c) the establ ishment meets the minimum requirements set out in Annexure 10,

Permanent tented camps and tented lodges

24. (1) An accommodation establ ishment may be registered as a permanent tented camp. if the establishment -­

(a) is located in a rural area or other area within a natural environment:

(b) provides accommodation in pennanent tents or other structures with walls of canvas or wood, reeds. grass or other natural material, and may include. in combination therewith. accommodation facilities in the form of camping sites or caravan pitches:

(c) has at least 4 accommodation units. cxcluding camping sites and caravan pitches:

(d has a dining room or restaurant for the service of meals to guests: and

(e) meets the minimum requirements as set out in Annexure 11.

(2) An accommodation establishmcnt meeting the requirements prescribed in regulation 20 in respect oflodgcs may be registered as a tented lodge if the establishment, including bcdrooms. consist wholly or mainly of permanent tents or other structures with walls of canvas or wood, reeds, grass or other natural material and with CLlncrete or wooden floors.

Requirements in respect of conference facilities

25. (I) The owncr of a registercd accommodation establishment at which conference facilitics arc offered. must ensure that the following requirements arc complied with in respect of those facilities:

(a) All meeting rooms. including its furnishings, equipment and applianccs, must be in a good statc of repair:

(b) Meeting rooms must ­

(i) have sufficient natural or artificial lighting.

(ii) have sufficient and cffccti ve vcntilation or air conditioning:

(iii) be provided with adequate power points for conference equipment: and

No.3235 Government Gazette 14 July 2004 37

(iv) be provided with a minimum of one black or white board as standard for the room.

(c) :v1eetings rooms seating 150 people or more must be provided with a sound ;1111plifieation system and microphl)I1es.

(d) Separate toilets for l'~lch ofthc sexes must be provided at the ratio of at least one toilet for every 25 dclegates.

(e) Suitab le LKi Iitics for the registrat ion of attendants of ~1 ml'et ing must be provided.

(n Catering areas must be provided for the provision of refreshments during bre;1ks Of;l meeting. separ~lte from meeting rooms ;1I1d rl'gistration areas.

(g) Adeqwlte parking Llcilities for \ehicles on the premises must be provided.

(2) In addition to the requiremenh nrsllbregul~ltion(I). the fnllowing equipment must be mack avaibble on request:

(a) Slide. rilm. o\l'rhe;ld or multi media projectors with screens;

(h) Video cassette recorders with television sets.

(c) Photncnpying. telephone and fin fileilities.

(ell Sufficient number of good quality chairs and eonkrenee t~1hlcs must he provided tn permit a vanety of se;lting ennfigurations.

Compliance with prescrihed requirements

26. ( I ) The nwner or a registered ~leeomn1Odation estlhlishment must ensure tl];1t the requirements pre,crilx'd lil!' rcgl~tr;ll]()n in these regulation~ arc complied \\'ith at all times during the duratlnl1 nr the rq':Jstration. including requirements in respect nr any sen'iee or filcility \\hich the ()\\'lllT Ius enl1tr~lCted out to he pr()\ Idcd or man;1ged by any other person.

(2) The o\\'nerofa registered aeconm10d;1tiol1 est;lhlishment \\110 is required to take out insur;mce c()\'Cr in ;lCeord~lI1ce \\ith regulZl tion 4( 2)( a) or (h) must ensure that the insurancl' premiums payable under the re1c\ant policy arc regubrly paid on the due date and must \\'ithll1 7 (bys aner expiry of tile dUl' d~ltc prmide proof to the Chief Executive o Jlicer or the p;1yment thereof

Compliance with General Health Regulations

27. The m\'l1er of every accommodation establishment in \\'hich food is prepared. handled sened. deli\cred. stnrcd or sold must ensure that the l1ro\isions orCI13pter XIX orthe Cieneralilcalth Regulations promulgated under CiO\'Cll1ment Notice No. 121 or 14 October I96() ~l1C at all times complied \\'ith in relation to employees of that est1hlishment.

Register of accommodation estahlishments

28. The register to be kept in terms of section 27 of the Act or particulars in respect of registered aeeommoclZltion eSLlbhshments must be in a form ~lppro\ed by the Minister.

Guest register and returns

29. ( I ) The owner or a regIstered accommodation establishment must Cluse a register to be kept at the premises of the aecommo(1;]tion establishment for entering the IX1rticulZlrs prescribed in subrcgulZltlOn (2).

Govemment Gazette 14 July 2004 No.3235

(::) On arrival of a guest to \\hom accommodation is provided at an ~lLLLlmmodation cstablishmcnt the follO\\ing particulars must be cntered in the register 111 rL'spect of the guest:

(a) Initials and surname or operator's name in C<1se of <1 group;

(b) citizenship or country of residence:

(c) permanent postal address of guest or oper<1tor incase of a group:

(d) number of persons in a group:

(e) elate of aniv<1l:

(1) number of nights booked:

(g) room number(s):

(h) registration number of the vehicle with which the guest is travellIng. ifany:

(i) name of next destin<1tion:

(j) signature of guest or operator in case of a group:

(k) envisagcd date of departure:

(.3) The owner ofan accommodation cstablishment or. iI' a manager is employed by the owner. the manager. must submit to the Boarel. within a period and in the form determined by the Board. monthly returns relating to the aceommodZltiol1 of guests by the accommodation establishment In the 1'01111 determined bv the Board.

(4) An owner of an accommodation establishment commits an oJTencc \\ho ­

(<1) fails to comply with subregulation (I) or (3):

(b) fails to ensure that the requirements of subregulation (2) arc complied with:

(c) knowingly enters or permits to be entered in the register of the establishment inf01111ation referred to in subregulation (2) which IS false in a material way.

Change of particulars of registration

30. (I) IL in relation to a registered accommodatll)n establishment. any change oceurs ­

(a) in the ownership or name of the establishment:

(b) in the address of the owner of the establishment:

(c) of the person appointed as manager of the establishment in terms of regulation 34:

(d) by reason of any addition or reduction of number of bedrooms of the esta bl ishment;

(e) by reason of any renovation or structural alterations made to the establishment:

(f) by reason of the destruction of the establishment or any part thereoL

No.3235 GOVCl11ment Ciazette 14 July 2004 39

the owner must cause sueh changc to be notified in writing to the Board within 30 days of the date l)n which the change occurs.

(2) A person who fails to comply with subregulation (I) commits an offence.

Replacement of certificates

31. (1) In the e\ent of a certificate issued under the Act bcing damaged. destroyed or lost. the owner of the ;Iccommodation establishment in respect of which the certificate was issued must apply In writing !l) the Chief Executive OtTicer [or the replacement of that certificate.

(2) An application for the replacement of a certificate under subregulation (1 ) must be accompanied by ­

(a) the damaged certificate. if the application relates to a certilicate that has been damaged; or

(b) a sworn statement explaining the circum~tance of the loss, or destruction. ofthc certiticate. irthe application relates to a certificate that h;ls bccnlost or desttw,Td.

J (3) Upon eompliancc with subrcgulations (1) and (2), the Chief Executive

Onieer must issue a new certilicate on payment of the fcc prescribed in Annexure I in respect PI' tilL' rcpbcL'ment of L'ertiticates.

Return of certificate of ,'egistration to Board

32. ( I ) The owner ofa registered accommodation establishment must return thc certiJlcatc ot'rL'gistration issued in respect of the esU\blishment to the Board if ­

(a) the registration ol'the accommod;ltion est;lblishment is withdrawn in terms of section 26 of the Act;

(b) a certificate of registration of a different class of accommodation establishmcnt is issued hy the Board 111 respect of the accomn1l1d;ltion establishment;

(c) the owner ceases to conduct the business of the accommodation est;\ blis hmen 1:

(d) the n;lI11e under \\hich the accommodation establishment is conducted IS ch;lI1ged and ;1 new certiticatc is issued by the Board.

(2) A person who Llils to comply with subregulation (I) commits an oH'ence.

Relaxation of registration requirements

33. Upon application and good cause sho\\n by a person opcrating an accommodation establishment which immediately before the date of commencement 01' the Act was registered under the Accommodation and Tourism Ordinance. 1973 (Ordinance No. 20 of 1973), the Board may, on such conditions ;lS the Hoard may detetlnine. petlnit relaxation ofany requirement orobligation imposed by these regulations if compliance \\ill be unduly onerous.

Appointment of manager

3.... (I) I I' the mn1er of a registered accommodatIOn establ ishment ­

(a) b a partnership, an organiQtlon, ;111 association of persons or a hody eoqJorate: or

40 Govemment Gazette 14 July 2004 No.3235

(b) an individual who will not personally be responsible for the day to day control and management of the accommodation establishment.

such owner must appoint a person as manager to conduct the day to day control and management of the running ofsllch accommodation establishment and. not later than 30 days after the date of registration of the accommodation establishment. or the date on which the owner ceases to personally manage the accommodation establishment. as the case may be. notify the Board of the app01l1tment of such manager.

(2) A notification in tem1S of subregulation (1) must be made in the manner. and fumish the particulars. as the Board may determine.

(3) The owner of an accommodation establishment may not appoint a person as a manager. if the person ­

(a) is not a Namibian citizen or a person who is not resident in Namibia under a permanent residence permit or a \vork permit issued under the laws relating to immigration:

(b) is an unrehabilitated insolvent: or

(c) has. within the penod of 5 ycars preceding the date of the proposed appointment. been convicted of an otTence in respect of which he or she has been sentenced to a period of imprisonment exceeding three months without the option of a fine.

Use of logo of Board

35. (I) Only registered accommodation establishments may. with the <Ipproval of the Board. usc the logo of the Namibia Tourism Board for endorsement of their business. services and facilities.

(2) Upon granting approval undcr sllbregulation (I) the Board may specify conditions subject to which. and the manner in which the logo of the Board may be used or displayed by a registered accommodation establishment.

(3) A person who contravenes subregulation (I) or the owner of a registered accommodation establishment, who fails to observe any specification of the Board in terms of subregulation (2), commits an offence.

Particulars on letterheads and information concerning services

36. ( I ) The owner of an accommodation establishment must ensure ­

(a) that the tarifToffces and charges payable for accommodation and for other services provided at the accommodation establishment arc clearly and suitably displayed in the reception area of the accommodation establishment for the information of guests and prospective guests;

(b) that all letterheads used and all advertisements. brochures. pamphlets and other material published, distributed or made available for public infonnation in relation to the accommodation establishment. clearly indicate ­

(i) the class of accommodation establishment in respect of which the establishment is registered: and

(ii) thc grading. if any. allocated by the Board in respect of the accommodation establishment under the Act.

(c) that particulars of the services and facilities offered to guests of the accommodation establishment. the tariffs charged in respect thereof. and

----------------------------

41 No.3235 Govemment Gazette 14 July 2004

details of related conditions or serviccs. such as canccllation policy. room service, pick-up and drop-offsenices. opcning and closing hours and other sen'ices. arc aniJable at the accommodation cstablishment to be providcd on the request of guests or prospective guests and for inspection by the Board: and

(dl that no false or misleading infol111ation is displaycd. published or given in any W,ly contemplated in paragraph (a). (b) or (c).

(2) An owner of an accommodatIon establishment. who L1i1S to comply with ,111y of the provisions of subregulation ( 1). commits an offence.

Only business of registered accommodation establishment may he conducted

.17. (I) ;\ person \vho. on the date of commencement of these regulations. is oper,lting ,111 accommodation establishment ­

(a) which was registered under the Accommodation and Tllurism Ordin'll1ce. ] 973 (Ordinance 20 of I n~): and

(b) \\'hich IS being conducted undcr a name Indiclting ,I class or'lccommodation ) eSl<lbllshment not corresponding with the class under which lilat accoml110dation est,lblishment falls in accordance with the el,lssilication set out in regubtion 3. rGld \\ilh regubtions 12 through 24.

Illusl cnsure that. not laler than:; Yl',lrs ,Ilkr the d,lte of COl11menCl'ment of these regul,ltiol1s, the description of the cbss ofth<lt accommodation establishment designilled (In :In\ Slgll al'li\ed 01 'Idjacent to Zll1y buildil1g or on ,lilY \'Chiclc or appe<lring on or in :111\' kttl'rhead';' ilccounts. brochures or other documents or Zlrticlcs or any logo used for (lr In C(lnl1l'l'tion \\'ith the business is chill1ged to indiclle the corrcct cl,lss (If that :ICC()1111110l!atl(1I1 csLlblishmcnt in ilCCord,lIlCL' with the classilic;ltion 01' accommodation esLlbllshmcnt cJTected by these regulations.

(2) ;\n m\'ner 01':111 ,Iccomnwd:ltion establishment. who Llils to comply with subregubtlon ( I). commits :In olTcnce,

Exemptions

JR. ( I) The follO\ving ,Iccommolbtion estahlishments qu,i1ify for partial registration reljuirementl'.\L'111ptlons :IS specilied belo\\' ,It the discretion orthe [joard:

(a) :\n accol11mod<ltion estZlhlishmcnt that lets bedrooms to tourists l11ZlV be c\empll'd by the 130md p'lrti:i1ly or \\ holly. l)/1 submission of Zl moti\ated application. from paying any fecs pay,lbk in terms of thcse regulZltions. if the accommodation eSLlblishment forms part ofa tmining institution. which IS ­

(i) Zlecredited by the l\'amibiZl Qualilication~ Authorily e~tablished by the Namibi;1 Qual iriGltion~ Authority Act. 1996 (Act No. ~9 of 1996): and

(ii) in respect of \\'hich the Board is satisfied that it is being u~ed for training students by simulating a commercial enYironment for practical pUll)oses:

(b) :\11 accommodation l'stablishment that lets bedrool11~ to tl1llrists may be l'\emptcd partially or \\holly by the Board from paying any fees payable in terms of these regulalion~. if ­

(i) the estZlblishment i~ conducted by a church or other religious Institution or a eharitv orgal11~ation:

42 Govel11lllent Gazette 14 Jul v 2004 NO.3235

(ii) the establishment is locatcd on the same premises as the religious institution:

(iii) the Board is satisfied that the chureh or other religious institution or the charity organisation is operated as such in good faith: and

(iv) tourists are accommodated on ly for purposcs connected wi th the activities of the religious institution.

(2) An accommodation establishment that provides accommodation to both tourists and residential guests who are not tourists may apply to the Board for an exemption of any provision of these regulations in respcct of the accommodation of residential guests.

(3) The Board may ­

(a) grant an exempl ion appl ied for under subregulation (2) subject to compliance with any minimum rcquirements prescrihed in these regulations in respect of any class of accommodation establishment as the Board may determinc: and

(b) grant an exemption in respect of the payment of any fees prescribed by these regulation in such proportion as the Board may determine.

Transitional arrangement

39. A person who immediately before the date or commencement or these regulations was operating an accommodation establishment or a class \vhich was not required to be registered under the Accommodation and Tourism Ordinance, 1973 (Ordinance 20 of 1973) but which is required to be registered under the Act and in accordance with these regulations may continue to operate that accoll1modation establishment without registration of the establishment under these regulations­

(a) during the period of three months following the date of commencemcnt of these regulations: and

(b) if within that period application is made for the rqnstration or the accommodation establishment. until that application is disposed or or withdrawn and, ir the applicatilll1 is refused for a further period of three months.

Fees for grading and regrading of accommodation establishments

40. The fees payable in relation to the grading and regrading or accommodation establishments in accordance with the Regulations Relating to Accommodation Establishments and Tourism promulgated by Government Notice No. 75 of 18 April 1974, are as prescribed in Annexure I.

Penalties

41. A person convicted of an offence under these regulations is liable to a fine not exceeding N$4 000 or to a sentence of imprisonment not exceeding one year, or to both such fine and such imprisonment.

No.3235 Govell1mcnt Gazette 1-1- July 2004 43

A~l\EXURE 1

FEES

1. Application fees

The following non-refundable fees are payable for applications for the registration of accomillodation establishments as indicated:

Hotel. hotel pension. guest farm, NS200 per room/unit up to a guest house, sel f-catering accom­ maximum ofNS8,000: modation establishment. bed & Plus an additional fee of breakfast establishment. lodge. rest N$800 in the case of a tented camp or permanent tented camp lodge. rest camp or pennanent

tented camp providing campsites and/or caravan pitches

Backpackers hostel or camping NS 1,500 allLl caravan park

Campsite NS500

Resort NS200 per room/unit up to a maximum of N$12.000

2. Rq.,:istration fees

The following registration fees arc payable on approval of an application for registration and before the issuc 01' a certificate of registration in respect of accommodation establishments as indicated:

Hostel, hotel pension. guest farm. NS50 per room/unit up to a guest house. self-catering acculll­ maximum of NS2,OOO mod at ion cstablishment. bed & breakt:1st establishment. lodge. rest camp and permanent tented camp

Backpackers hostel or camping and NS500 caravan park

Campsite NS150

Resort NS50 per room/unit up to a maximum ofNS3,000

3. Combination of establishments

Ifan application relates to a business comprising a combination ofditTcrcnt classes of accommodation establishments. the application fcc payable must be calculated as folluws:

(a) 100% of the application fee as prescribed in item 1 for the class uf accommodation establishment that the Board determines to represent the core business:

(b) 50~o of the application fCL' as prescribed in item 1 for the class of accommodation establishment that the Ruard determines to represent the second main business: and

44 Government Gazette 14 Julv 2004 No.3235

(c) 25% of thc application fcc as prescribed 111 item 1 for any other class of accommodation establishmcnt that the Board detcrmines to be of the class that the business providcs to tOUrlsts to a lesser extent than the accommodation establishments of the classes refelTed to in paragraphs (a) and (b)

4. Replacement and re-issuing of certificates

Non refundable fcc payable for the replacement of a certificate of registration. or re-issuing of certi ficate of registration due to name change. Certificate of registration NS 100

5. Other

A non-refundable inspection fcc is payable for inspcctions to be ealTied out in respect of a registered accommodation establishment in the following ci rcums tances:

(a) addition or reduction of number of bedrooms or accommodation unit, N$200 per bedroom/unit;

(b) renovation or alteration made by owner on own accord, N$I ,200;

(c) rebuilding of destructed or damaged establishment. NS I ,500.

6. Grading and regrading

The following non-refundable 1Ces arc payable in relation to the gradlug of accommodation estab Iish ments:

(a) Application fcc for grading or regrading, NS250 per room/unit up to ~l

maximum of NSROOO;

(b) Issue of grading certificate. N$250:

(c) Replacement of lost or damaged insignia or grading plaque. NS I:'( Ii I.

Al"NEXURE2

BACKPACKERS HOSTELS: MINIMUM REQUIREMENTS FOR REGISTRATION

1. DORMITORIES/GUEST ROOMS

1.1 Size and floor covering

(a) Dormitories and bedrooms offaeilities having bedrooms must have sufTieient space to allow freedom of movement for guests and to allow for drawers and doors of wardrobes and other furniture to be opened fully.

(b) In the case of a dormitory the m111imum floor space per bed must be 6 square metres, except in the case of stackable beds. where it must be 7.5 square metres for every set of stacked beds.

(c) Bedrooms. in a facil ity having bedrooms. must have the fo llowing minimum floor area, inclusi\'C of \'Cstibulc and built-in furniture. if any:

Single room: 10m2:

Double room: 15m2;

(d) Floors. if not tiled. must be of imper\'ious material.

No.3235 Government Gazette [4 July 2004 45

(e) If not earpeted wall to wall, the floor must be tiled or eovered with other impervious material and be prO\'ided with one 1100r mat. tanned skin or similar floor covering must be provided, equivalent in size to [mC for each bed or one 1100r mat of at least 2.4m= to serve all beds.

1.2 Lighting, heating and ventilation

(a) Dormitories, and bedrooms of facilitIes having bedrooms, must have windows totalling not less than Im C providing natural light and be furnished with curtains, shutters or blinds for privacy and exclusion of light. If the windows cannot be opened, a \'Cntilation system must be provided.

(b) In establishments with electricity supply. the following must be provided:

(i) adequate lighting by means of electric bulbs of sutficient wattage and of sufficient number f(lr the number of beds provided in a dorn1itory to allow for reading:

(ii) at least one electrical socket f(lr every 3 beds in a dormitory, and at least one electric power plug in each bedroom of a J~1cility having bedrooms:

(iii) in a lacility h~lving hedrooms, ~l re~\ding lamp for each hed in a bedroom with its switch In immediate vicinity of the bed:

(c) In estahlishments with n(l electricity supply. adequate lighting must be provided by means of gaslight. paraffin lamps. candles or (lther similar amenities.

I.J Furnitur(' and tixtur('s

(a) Each dormitory must he provided with the following:

(i) a wastepaper hasket:

(ii) adequate facilities for till' storage of guest clothes and belongings including at least one unit of furniture with a serviceable lock:

(iii) adequ~lte beds for the number of persons occupying the dormitory, but in respect of children other suitablc beds may be provided:

(b) The following must be pro\ided in respect of each bedroom in a L1eility having bedrooms:

(i) A mirror at least 90em l(lng ~lI1d 37cm wide:

(i i) a wastepaper basket:

(iii) a wardrobe or other suitahle unit for the storage of guests' clothes and. unlcss central security lock-up facilities for guests' valuables are provided, the wardrobe or other unit must be provided with a serviceable lock:

(iv) adequate beds for the number of persons occupying the room. but in respect of children other suitable beds may be provided:

(v) at least one chair per single room and two chairs per double room:

(\'i) a key or other equi\'alent locking mechanism for the bedroom door.

46 Government Gazette 14 July 2004 No.3235

1.4 Linen, bedding and service

(a) Each bed must be provided with a removable and washable mattress cover.

(b) Bed- linen and towels must be pro\"ided on request of guests and iI' provided must be washed and changed with clean ones at least once weekly on guests' request.

(c) Extra bcd-linen or towels must be provided on request of guests.

(d) Occupied dom1itories and bedrooms must be cleaned daily.

1.5 Accessories and in-room amenities

(a) Smoking must not be allowed in donnitories.

(b) In every bedroom of a facility having bedrooms. the following must be provided ­

(i) an ashtray, if smoking in the room is pemlitted:

(ii) adequate clothes hooks and a minimum of 6 clothes-hangers, not being wire-hangers.

1.6. Client service

Sleeping accommodation must be provided separately formalc and female guests, if requested.

2. BATHROOMS AND TOILETS

2.1 Structuring and flooring

(a) Floors, if not tiled, must be of impervious material.

(b) Walls of bathrooms and toilets must be complete from the !loor to the ceiling and the intemal walls must either be tiled to a height of at least 135em from the !loor or coated with washable paint.

(c) Separate communal bathrooms and toilets must be provided for persons of opposite sexes or, ifprovided for usc by both sexes, they must be so situated and screened as to provide complete privacy.

(d) Every bathroom and toilet must be fitted with a door which can be locked from the inside.

(e) Adequate ventilation by means ofwindows, extractor fan or other acceptable means of ventilation in good order and effective action must be provided in every bathroom and toilet.

(f) Bathrooms must have sufficient space to allow freedom of movement and access to all fittings.

(g) Drainage from bathrooms and toilets must be disposed of by means of water­borne sewerage.

(h) Bathrooms must be provided with showers or baths and washbasins at the ratio of one shower or one bath and one washbasin per every 10 beds.

(i) A towel rail and clothes hook must be provided in every shower cubiele.

No.3235 Govemment Gazette 14 July 2004 47

(j) One lockable toilet per 10 beds must be provided where there are no C/7

suite bedrooms. Toilets may not be loeated in a shower cubicle.

(k) In facilities with e/7 suitc bedrooms. every bedroom must be provided with at least a sho\\'er and toilet or a bath and toilet in a separate adjoining room.

2.2 Fixtures and fittings

(a) A mirror ofat least 45em x 30em. prefera bly positioned above the washbasin must be provided in each communal bathroom and in the bathroom of an C/7

suitc bedroom.

(b) Unless free-standing, all bath-tubs must be built in with bricks or impervious material and tiled on the outside.

(e) Towel rails. hooks or rings must be provided in eaeh bathroom.

(d) Adequate clothes hooks must be provided in each bathroom.

(e) Every toilet bowl must be fitted with a lid.

2.3 Accessories and service

(a) Every toilet. whether private, public or communaL must be provided with­

(i) a toilet paper holder and supply of toilet paper:

(ii) a waste or sanitary bin with a lid: and

( iii) a soap dish or holder.

(b) Bathrooms and toilets must be cleaned daily.

(c) Running water should be available.

3. DINING ROOM

If a dining facilities are provided for guests in the establishment­

(a) dining L1cilities must be offered in a dining room either in a separate room or fonning part of the kitchen:

(b) the dining room must have suffieient tables and chairs to serve at one sitting at least 50% of the number of guests which can be accommodated: and

(c) the dining room floor, if not tiled, must be of impervious material:

4. KITCHENS AND WASH-UPS

Any dining room provided as in paragraph 3 must be provided with an accompanying kitchen and wash-up complying with the requirements of paragraphs 4.1 to 4.4 below.

4.1 Structuring and flooring

(a) Floors, if not tiled. must be of impervious material.

(b) Walls must be tiled to a height of at least 13Scm from the floor, and walls above tiles must be coated with washable paint.

(e) There must be no direct access to a toilet from the kitchen.

48 Govemment Gazette 14 July 200..+ No.3235

4.2 Ventilation and hygiene

(a) Adequ3tc provision must be m3dc for \Tntil3tion 3nd the efficient remov31 of hot air and odours by means of extr3ctor t~lns or other similar devices.

(b) The kitchen must be kept free from insects and rodents.

4.3 Fixtures and fittings

(a) All shelves must be of impervious m3teri31.

(b) The top of each work surface must he a Sll1gle ;l1ld solid piece of stainless steel, marblc or granite or other impervious m3terial.

(e) At least one sink. or a dish-washing maehine and a sink. with hot and cold running water must be provIded for the washing of dishes. pots. crockery ;md cutlery.

4.4. Equipment and senicc

(a) Ifmeals arc not prmidl'd ;Idequatc Llctlities must be a\ailablc to gucst~ fl)r preparing their own meals.

(b) In the kitchcn the following must be providcd:

(i) a refrigcrator:

(ii) a stove. hot plate or micro\va\e:

(iii) a kcttle:

(iv) sufficient cutlery and crockery:

(v) shelving or stur;lge facilities for food. l'lltlcrv and crockery:

(vi) a kitchen sink with hot and cold running water

(vii) adequate material for cleaning dishes:

(viii) waste disposal bin with a lid:

(ix) equipment for cleaning rooms. including hnH)ms. mops. dust pan, and towels.

(c) All furniture and equipment. ki tc hen utensi Is. cut lery. crucklTy. glassware. bedding. linen. curtains. c;lrpets. mats and othlT noor cuvering must be clean and kept in good order and no ehipped or cracked crockery or glassware may be used.

5. FIRE SAFETY

Adequate provision must be made for lire-fightl1lg appliances and fire escapes. which must be prominently and clearly indicated at all times. The requirements of any local authority regulations or by-la\\'s applicable in the area where the establishment is situated mlht be complied with at all times.

6. LAUNDRY

Iflaundry sen'ices or facilities arc p!,()\lded for the w~lshing and ironing of guests' clothes on the premises. such sen'iees or facilities must not be prO\ided in the kitchen of the premises.

No.3235 Govcmment Gazette 14 July 200.+ 49

7. RECEPTION FOR GUESTS

(a) Provision must be made for the reception of guests in a reception area, eonvenientlv situated and clearlv indicated and fittcd with a service countcr.. .

(b) A means of summoning attention must be providcd when the reception desk is not attended.

8. GENERAL

8.1 Tariffs for accommodation and services

(a) The tariffs for accommodation and customer services must be displayed in a prominent place at thc reception dcsk or be available in writing.

(b) Guests must be notified if the tarifThas changed since an advanec booking has been made.

(c) It should be made clear what is included in the tariff quoted for accommodation. eg. mcals. service charge. and refreshments.

8.2 Maintenance and service

(a) The structurc, equi pment, plumbing, drainage. sewerage disposal, lighting. ventilation. electrical installation of every permanent building of the establishment must be kept in good order of repair at all times.

(h) The prem ises must be kept in a clean and hygien ie condition and free of fire, health and safety hazards at all times.

(c) All rooms must be properly ventilated.

8.3 Access, safety and security

(a) Cl ients must have access to a telephone or two-way rad io on the premises. where telecommunication network is available.

(b) First-aid kit must be kept on the premises and be available to guests at all times.

(e) Safety instructions for guests must be available in each guest room.

(d) Adequate lighting must be prO\'ided in public areas. doorways and parking lots.

(c) Establishment should be open through the year. unless closed for refurbishment or operates seasonaL which must be advcl1ised as such.

ANNEXURE 3

BED AND BREAKFAST ESTABLISHMENTS: MINIMUM REQUIREMENTS FOR REGISTRATION

1. GUEST ROOMS

1.1 Size and floor covering

(a) Minimum !loor area. inclusi\'e ofvcstibu1c and built-in furniture. ifany: Single room: 10m2:

Double room: 15m2:

50 Govemment Gazette 14 July 200-1- No.3235

(b) If not carpeted wall to wall. the floor must be tiled or covered with other impervious material and be IxO\'ided \\'ith one 1100r mat. tanned skin or similar floor covering must be pro\'ided. equivalent in size to Im~ for each bed or one floor mat of at least 2.4mc to serve all beds,

1.2 Lighting, heating and ventilation

(a) All bedrooms must have Wll1dows totalling not less than 1mc providing natural light and be fUll1ished with curtains. shutters or blinds for privacy and exclusion of light. If the \\'indmvs cannot be opened. a ventilation system must be provided for,

(b) In establishments with electricity supply, the following must be provided:

(i) adequate cleetrie lighting by means of electric bulbs of sufficient wattage to allow for reading;

(ii) a reading lamp for each bed with its s\vitch in immediate vicinity of bcd;

(iii) at least one electric power plug in each bedroom.

(c) In an cstablishment with no electrical supply. adequ;lte lighting must be provided by means of gaslight, paraffin lamps, candles or other similar amenitics.

1.3 Furniture and fixtures

The following must be provided in respect of each bedroom:

(a) a mirror at least l)Oem long and 37cm wide:

(b) a wastepaper basket:

(e) a wardrobe or other suitable unit for the storage of gue..;b· clothes and. unless central security loek-up facilities for guests' valuahk, ;lrL' provided. the wardrobe or other unit must be provided with a sel'\ iccahk j'lck:

(d) adequate beds for the number 0 f persons occupying the r,l,lm. but I n respect of children other suitable beds may be provided;

(e) at least one chair per single room and two chairs per d,)ubk room:

(0 a key or other equi\'alent locking mechanism for the bedroom door.

(g) at least one bedside table. which may be shared by two beds if located between them.

1.4 Linen, bedding and service

(a) Bed-linen, blankets. pillows and towels must be provided in sufficient quantities and be kept in good repair at all times:

(b) Bcd-linen and to\\'els must be \\ashed and changed with clean ones at least once weekly and in accordance with guests' requests.

(c) Extra bed-linen or to\\els must be pro\'ided on request of guests.

(d) Occupied bedrooms must be cleaned daily.

No.323S GoveIllment Gazette 14 July 2004 S1

1.5 Accessories and in-room amenities

In cvery bedroom the following must bc provided ­

(a) at least one tumbler per gucst;

(b) an ashtray. Ifsmoking in room is peIlllitted:

(c) a min imum of (1 clothes-hangers. not being wire-hangers.

2. BATHROOMS Al\D TOILETS

2.1 Structu ring and tloodng

(a) Floors must be of impervious material or concrete.

(b) All walls of bathrooms and toilets must be complete from the floor to the ceiling and the Internal walls must either be tiled to a height of at least 135cm from the floor or coated with washable paint.

(c) Separate communal bathrooms and toilets must be provided for persons of opposite sexes or. ifprovided for usc by both sexes. they must be so situated and screened as to provide complete privacy. At least one bathroom and one toilet must be provided for every three ordinary bedrooms on eaeh 11oor.

(d) Provision must be made for separate bathrooms and toilets for guests from those used by the oVvner and sta fl mcm bel'S of the establ ishment.

(e) Every ell slIi/e bedroom must be provided with at least a shower and toilet or a bath and toilet.

(1) Every bathroom and toilet. be it private or communal. must be fitted with a door whieh can be locked from the inside.

(g) Adequate ventilation by means of windows, extractor fan or other acceptable means of ventilation in good order and effective aetion must be provided in every bathroom and toi let.

(h) All bathrooms must have sufficient space to allow freedom of movement for access to aII fittings.

(i) Drainage from bathrooms and toilets must be disposed of by means of water­bOIlle sewerage.

2.2 Fixtures and fittings

(a) A mirror of at least 45cm x 30cm and shelf must be provided 111 each bathroom.

(b) Bath-tubs. other than free-standing baths, must be built in with bricks or impcrvious matcrial and tiled on the outside.

(e) Every bathroom must have washbasin with hot and cold running water.

(d) Towel rails. hooks or rings must be provided in each bathroom.

(e) Adequate elothes hooks must be provided in each bathroom and toilet.

(f) Every toilet bowl must be provided with a lId.

52 Govcmmcnt G:lzctte 1-1- July 200-1- No.3235

2.3 Accessories and sen-ice

(a) Evcry toilet. whcthcr pri\'atc, public or communal. must bc provided with­

(i) a toilet paper holder and supply of toilet paper:

(ii) a \\'aste or sanitary bin with a lid; and

(iii) a soap dish or holdcr.

(b) A washable bath mat orwooden bath step 111ust he provided in caeh bathroom.

(c) Bathrooms and toilets must be ele:lI1ed daily.

3. DINII\G ROOM

Dining Lleilitics for guests elI1 be prO\idcd either 111 a separate dinll1g r00111 or In the dining room of the owner's household.

3.1 Dining moms: Structuring and flooring

The dining room must have ­

(a) a 110m of impervious material or concrete;

(b) adequate lighting and \'elltilation in good order and elrlcll'llt al'tlllll: and

(c) adelJuall' sC1ting and dining facilities.

3.2 Food and hewrage senice

(a) At least break List sen ICC must be :J\:lilable to guesh

(b) AlcolH1lie be\'er~lge~ 111;IY only be supplied and SloT\ l',1 :1, ~"c'l)Jd~lnCl' \\it!J :111 approprIate liquor licence and gucsts must be inrortl1l'd ~\cc'1rdingly prIor In book1l1g.

4. KITCHEI\S AI\D WASH-liPS

Kitcllen and \\ash-up racilities for gUlo'StS ma\ blo' pro\lded clth lo'!" ~l'parall'h or ill the racIlities or the 0\\ ncr's household.

4.1 StnIcturing and flooring

(~l) noors must be or ImpcnlOus material or concrete.

(b) Walls must be tiled to a height of at least 135em from thc 110m and \\alls :lb(1\e the tiles must bl' cO~lted \\ith \\ashable paint.

(c) Adequate cold rooms or refrigerators must be PI"(1\ Ided.

(d) Therl' must be no direct :lceess to a toilet from the kitchen.

4.2 Ventilation and hygiene

(a) AdelJuate pro\ iSlon Inll~t be made for \entilation and the etTiClent remo\:11 of hot air and odours bv means of e\:traclnr fans or other similar de\lCes.

(b) Must be kept free from insects and rodents.

No.3235 GoYernment Gazette 14 July 2004 53

4.3 Fixtures and fittings

(a) All shclyes must be ofimpen'ious material.

(b) The top of each worktable must be a single and solid piece of stainless steel. marble or granite or other equiyalent imperyious material.

(c) At least one sink. or a dish-washing machine and a slllk. with hot and cold running water must be proyided for the wJshing of dishes. crockery and clltlery.

5. PANTRIES AND FOOD STORAGE ROOMS OR AREAS

(J) A suitable pJntly. larder or cupboard with sufficient e3pJcity for the storage of food must be provided. of which ­

(i) the floor must be of impervious material or concrete;

(ii) the she1yes must be of imper\ious materiJI or solid \vood without any crack.

(b) EvClY pantry. IJrder or cupboJrd must at Jil times be maintJined in a eleJn and wholesome condition. free from nics, rodents, vermin Jnd dust Jnd protected from the admission of unwholesome VJpours or gJses.

6. FIRE SAFETY

Adequate provision must be I11Jde for tIre-fighting appliances Jnd tire escapes, whIch must be prominently Jnd clearly indicated at all timcs. Thc requirements of any 10CJl authority regulJtions or by-IJws applicable In the area where the establishment is situated must be complied with at all times.

7. LAUNDRY

Iflallndry services or faci lities arc provIded for the washing and ironing of guests' clothes on the premises. such services or facilities must not be provided in the kitchen of the premises.

8. RECEPTION FOR GUESTS

(a) Provision must be made for the reception of guests in 3 reception area, conveniently situated and clearly indicated.

(b) A stJffmember must alwQYs be Jvaibble on call outside normal reception hours of the accommodation establishment and In effective means of summoning Jttention must be available when the reception desk is not Jttended.

9. BAR FACILITIES

(3) In In establishment with an on-consumption liquor licence where bar fJeilities arc provided. those facilities may be provided either in a separate bJr room or as pal1 of the dining room. and must have adequate seating facilities for customers.

(b) Subject to the tellns of In JppropriJte liquor licence. alcoholic and other beverJges may be proyided in a mini bar located in the bedroom or dining Jrca.

54 Govel11ment Gazette 14 July 200-1- No.3235

10. GEI\ERAL

10.1 Tariffs for accommodation and sen-ices

(a) The taritTs for accommodation and customer services must be displayed in a prominent place at the reception desk or be available in writing.

(b) Guests must be notified If the tanff has changed since an advance booking has been made.

(c) It should be made clear what is included in the tariff quoted accommodation, e.g. meals. serVice charge. and refreshments.

for

10.2 Maintenance and sen-ice

(a) The structure. equipmcnt. plumbing. dr'linage. sewerage disposal. lighting. ventilation. electrical installation of every permanent building of the accommodation establishment must be kept In good repair at all times.

(b) The premises must be kept in a clean and hygienic condition and free of fire, health and safety hazards at all times.

(c) All rooms must be properly ventilated.

10.3 Equipment provided

All furniture and cquipmcnt. kitchcn utcnsils. cutlery. crockcry. glasswarc. bcdding. linen, curtains. carpets. mats and other tloor covcring must be clean and kcpt in good ordcr and no chipped or cracked crockery or glassware may be used.

10.4 Access, safety and security

(a) Clients must havc access to a tclephone or t\\(l-\\ay radio on the premises. where telecommunication network is available.

(b) First aid kit must be kept on thc prcmises and be anilable to guests at all timcs.

(c) Safcty instructions for guests must bc availablc in cach guest room.

AI\NEXURE4

CAMPSITES: MINIl\HJM REQllIREl\IEI\TS FOR RECISTRATIOI\

1. ACCOMMODATIOI\ UI\ITS

Structuring and layout

(a) Designatcd camping sites must bc pro\'idcd for erccting tents. '1\vnings or other tcmporary structures of guests for accommodation.

(b) The camping sites must be arranged in such a way that tbcre is at least 3 metres space bet ween onc another.

2. BATHROOM AI\D TOILET FACILITIES

(a) Communal bathroom and toilet Llcilities must bc provided h'l\ing available. in respect of C\'ery 6 camping sites or. if any camping ~ites allmv for accommodation of 1110re than four guests pcr camping site then in respcct of e\ery I::: guests. at least -

No.3235 Clovemment Gazette 14 July 2004 55

(i) two bathrooms or shower cubicles. allowing for complete privacy when used:

(ii) one washbasin wi th a m in"or. not situated within a bathroom or shower cubicle.

(b) At least two water. pit or chemical toilets must be provided for every 6 camping sites. or for every 12 guests in the case ofany camping sites allowing for accommodation of more than four guests per camping site.

(c) The internal walls of a I1bathrooms and toi lets must either he ti led or painted with washable paint if constructed of bricks or other equivalent material.

(d) In the case ofa campsite situated within a conservancy or a communal land area the Chief [xecuti\"e Ollicer may grant exemption from any of the requirements of paragraph (a 1. (b) or (c) or approve that a ltel1lative faei lities be provided. subject to any conditions which the Board may determine.

3. LAUNDRY

No washing must be permitted to be done or clothing hung out to dry in a place other than a place spcelally pruvided for that purpose.

4. WATER SUPPLY

(a) Ifno supply of water for human consumption is provided in the campsite. guests must be informcd in advance of that t~let.

(b) All water that is likely to be used for human consumption must be fit for human consumption and the water supply systcm. including tanks, pipelines, \\ells. pumping equipment. purification works, mains and service pipes must he frel' from sanitarv defects.

(c) If c\"Cry camping Sltc is not provided with a connection to a water supply system or alternative water supply, at least one standpipe and tap must be provided in a convenient position for every four camping areas or pitches.

(d) Ifwatcr that is not fit for human consumption is used in a campsite­

(i) adequate precautions must be taken to prevent that water trom being ) mixed with water that is likely to be used for human consumption:

(ii) every tap must have an appropriate warning sign ifits water is not fit for human consumption: and

(iii) the design and layout orthe water installations rorthe supply of water that is not tit for human consumption must be such as to minimise the danger that such water will be used for human consumption.

(c) In the case ofa campsite situated within a conservancy or a communal land area the Chief Executive Officer may grant an exemption from any of the requirements of paragraphs (b) or (c) or grant approval that altemative be provided or used. but only potable water must be supplied. either free of charge or against a charge. if required for human consumption

5. COOKlNG FACILITIES

Self-catering service provision

(a) In respect of camping sites without o\vn cooking facilities there must be provided ­

S6 Govelllment G:.lzette 14 Juh 2004 NO.323S

(i) [or each camping site. at least one fire pl~lCe: or

(ii) for evcry 6 c:.lmping sites,:.l roofed field kitchen or scullclY provided with

(aa) ,1 StO\T: and

(bb) one g:.lrbage bi n with cmu.

(b) All refuse bins must h:.l\·e close titling CO\'ers secured at all times and be kept in good rep:.lir :.lnd be emptied :.lnd clc:.lned d:.lrly when in usc.

6. GEI\ERAL

6.1 Reception for guests

If provision is made for the reception of guests ­

(a) a reception area which IS eOl1\emently situ:.lted and ekarly JI1diclkd should be provided:.ls well as a means of summoning nttention when thl' rl'Ception desk is not nttended:

(b) a st:.lITmember of the est:.lblishment must at all times during nornLll business hours be aV:.lilable to attend to the reception orJice during e\'l'\"\ j1nil1d when the campsite IS 111 l1peratlon, and means must be !)I'O\ Ickd :It the rl'l'eptil1n l1fJice to summon attention outside normal receptilll1 hours. If:1 ~t:l!Tmember

is not physically in attendance during those hours or iflw suel1 ser\ice by ,1

staff member is pn1\idecL guests must be informed of th:lt f:ll'[

6.2 Tariffs for accommodation and services

(,1) The t,nilE I\lr clInping sill'S ,mel other facilities and CUSll1mc'l SCr\ICCS must displayed in ,1 prominent plal'l' althe reception desk llr 11L' :1\ :lliable in \\Titing.

(b) (iUl'sls must be l1l1tilled If the tanlThas changed sInce :111 a,hance bOl1kl\1g h:.lS been made.

(c) TarilTs must ckarlv lllcilcate the services and Llcilities inl'llIdcd In tIll' tarilT Ljullted.

6.3 I\lailltenance and senice

(a) The structure. eCJuIpment, plumbing, drainage, sewerage' disposal, lighting, vl'ntilatilll!. l'kctrical installation ofe\cry pcrmanent bll!lding of the c:.lmp site must be kqlt in good repair at all times.

(b) The premises of a campsitc must be ekaned e1aily and must be kept in a clean and hyglenIc condition.

6.4 Access, safety and secllrit~,

(a) The campsite must be adelJlI,ltely fenced otT. The Chief Executi\T Officer may grant exemptIon lI'om this rl'L]uirement in respcct ora campsite situalL'd within a conscl"\':mc\ , or:l commun,ll land area or al1\. other rural arc,!.

(b) A road that prmides e,lsy l'ntrance to or e:\ it from till' campsitc must be provided as \\'ell as nl~lds prmiding ,Kcess tll ,111 sites \\here accommodation units :.lIT located.

(c) Direction signs to the C:.lmpSlle must be placed at suitable points \Isiblc to motorists.

No.3235 Govel11ment GJ.Zette 14 July 2004 57

(d) First aid kit must be kept available at a readily accessible place.

6.5 Fire safety measures

(a) A sufficient number of appropriate fire-fighting equipment and appliances must be provided.

(b) Fire-fighting equipment must be provided in readily accessible positions on the premises 0 I' the camps ite.

A.l\NEXliRE 5

CAMPING AND CARAVAN PARKS: MINIMUM REQUIREMENTS FOR REGISTRATION

l. ACCOMMODATION UNITS

Structuring and layout

(a) Caravan pitches must be so arranged that there is at least 3 metres space between them:

(b) Accommodation for groups of more than 20 guests must be provided in separate pitches or allowing for reasonable accommodation of the number of guests in the group.

(c) Each caravan pitch must have an area of at least 200m2.

(d) Every on-site caravan provided for h ire to guests by the establishment must be in a good state ofrepiJir. including with a good external 'Ippearance.

(c) A person must not be pemlitted to park a caravan in a park for purposes of accommodation other than lt1 an area designated for that purpose

(f) Camping sites for camping without a caravan and designated for the ereelion of tents. awnings or other temporary structures of guests must be arr,ll1ged in such a way that there is at least 3 metres space between one another.

2. BATHROOM AND TOILET FACILITIES

(a) Communal bathroom and toilet blocks must be provided having available, in respect of every 6 ca1'3v,1I1 pitches or camping sites. at least ­

(i) two bathrooms or shower cubicles. allowing for complete privacy when used:

(ii) two washbasins with an adjaecnt mirror. not situated within a bathroom or shower cubicle.

(b) At !cast two water. pit or chemical toilets must be provided for every 6 caravan pitches or camping sites. or both.

(c) The internal walls of all bathrooms and toilets must either be tiled or painted with washable paint if constructed of bricks or other equivalent material and plastered.

(d) In the case of a camping and caravan park situated within a conservancy or a communal land area the Chief Exeeuti\"( Officer may grant exemption from any of the requirements of paragraph (a). (b) or Ie) or approve that alternative facilities be provided. subject to such conditions as the Chief Exeellti\"C Officer may determine.

58 Government Gazette 1-1- July 200-1- No.3235

3. LAUNDRY

(a) Iflaundry services or facilities arc provided for the washing and ironing of guests' clothes on the premises, such services or facilities must not bc provided in any kitchen or area for cooking facilities provided to guests on the premises.

(b) No washing must be permitted to be done or clothing hung out to dry in a place other than a place specia Ily pro\'ided for that purpose.

4. WATER SUPPLY

(a) If no supply of water for human consumption is provided in the campsite. guests must be in formed in advance of that filet.

(b) All water that is likely to be used for human consumption must be fit lor human consumption and the watersupply system, including tan/.;~. pipelines. wells. pumping equipment. purification works, mains and sel"\ICC pipes must be free from sanitary de fects.

(c) At least one standpipe and tap must be provided in a COn\l'nll'nt positIon for every 10 car,1\'an pitches and at least one standpipe for C\ l'ry -1- camping sites.

(d) If water that is not fit for human consumption is used in a camping and caravan park ­

(i) adequate precautions must be ta/.;en to prevent th'll \\atl'r Ilnm Lll'ing mixed with water that is likely to be used lor human c()n,umption;

(ii) cvery tap must ha\'c an appropriate \\arning sign Ifih \\Cltcr h not Jit for human consumption; and

(iii) the design and layout oflhe \\;Jter installatIons fnr thl' ,uppl~ ()f\va1cr that is not fit for human consumption must be such as ll) mininllSe the danger that such water will be used for human consumption.

(e) In the case ofa camping and caravan park situated \\ithll1 a conservancy or a communal land area the Chief Execulive Officer may grant an exemption from any of the requircments of paragraphs (0) or (c) or grant approva I that facilities of an altemative nature be provided or used.

5. COOKING FACILITIES

Every camping and caravan park must provide ­

(a) in respeet of every caravan pitch or camping sites. at least one 1ire place; or

(0) in respect of at least e\ery 6 caravan pitches or camping sites, or both, a roofed field kitchen or scullery provided with

(i) a fire place or a stove: and

(i i) at least one garbage-bin \vith cover.

(e) All refuse bins mllst ha\"C close fitting cmers that are secured at all times and be kept in good repair and be emptied and cleaned daily when in lIse.

No.323S Govel11ment Gazelle 14 Julv 2004 S9

6. RESTAURANT A~D BAR FACILITIES

If. in the case ofa camping and cara\'an park in respect of which an on-consumption liquor licence is heJd. either restaurant or bar facilities. or both such facilities. are provided. thc following requiremcnts must be complIcd with:

6.1 Restaurant

The restaurant must have ­

(a) a 1100r which is tilcd or covered with other impervious matcriaL

(b) adequate lighting and ventilation in good order and efficient action; and

(c) adequate seating and dining Llcilitics.

6.2 Bar

Every bar must ­

(a) be fitted with ~1 suitable bar counter:

(b) have adequate seating facilities for customers: and

(c) in or ncar the bar. a sink with a tlied or stainless steel splashboard and with hot and cold running water for the washing or glasses; and

(d) have at least one toilet for each of the sexes.

7. GEI\'ERAL

7.1 Reception for guests

lfprovision is made fix thc reception of guests ­

(a) a reception area which is conveniently situated and clearly indicated should bc provided as well as a means or summoning attention when the rcception desk is not attendcd;

(b) a staffmemberofthe establishment must at all times during nonnal business hours be available to attend to the receptIon oflice during every period when the park is in operation. and means must be provided at the reception office to summon attention outside normal reception hours or if a staffmcmbcr is not physically in attcndance during those hours. but if no such service by a staff member is providcd guests must be infol111ed of that fact.

7.2 Access, safety and security

(a) A camping and caravan park must be properly fenced off. The Chief Executive Otlieer may grant exemptIon from this requirement in respect of a park situated within a conservancy or a communal land ~1rea or any rural area.

(b) A road that provides easy entrance to or exit from the camping and caravan park must be provided as well as roads providing access to all caravan pitches and camping sites. All roads must have a surfacc allowing for driving in all weather conditions.

(e) Direction signs to the camping: and caravan park must be placed at suitable points visible to motorists.

60 GO\elTlment Gazette 14 July 2004 NO.32J5

(d) First Clid kit must be kept ayailClble Clt Cl reCldily Clccessible place.

(e) At least one stClfT member of the establishment must have knowledge of elcmentmy first aId.

(n Guidelines and instructions reClsonahly required for ach'lsing guesh In relation to rIsks att,lChed to any amenities or sen ices Iwo\'ided in ZI campll1g and CClraYCln park must be made a\Clilable to guests upon rcgistration ClnL! also he conspicuously displayed Clt the reception area.

7.3 J\bintenance and service

(a) The strueture. equipment. plumbing. drainZige. sewerage disposal. lightll1g. ventilation. electrie<J1 instClllCltion ofe\'ery permanent building of the campll1g and cara\an p,nk must be kept 111 good repair at all times.

(b) The pren1lSes of ,1 camping and earayan p,lrk must be cleaned daily and must be kept in a clean and hygienIC condition and free of lIre. he,t1th and salCty hClzards at all times.

7.4 Fire safety measures

(a) A surtlcient number of approrriate lIre-lIghting equipment and appll:mLL" must bc pnni(kd.

(bl Fire-lIghting equipment must be prmlded in readily accessible ]1,1',I[I\1n, on tile prenll~e~ of the park 111 such \\ay that at least one ,1ppliancL' i" \'1\1\ :,:c',: in respect of eyery two carayan pitches or camping sites ,md not nhJrc' lh"n 2.'\ metres aW,lv from either of them.

7.5 Staff

(a) A person must be apPoll1ted to be in attendance during L'\ L'n )',TiI'll \\hen the e<lmping and caravan park is in operation.

(bl Astallmember ofthc establishment lllUSt Clt all times durin!! n\)I'Jl1~li bUSIness hours be ayailable to attend to the reception offIce during L'\ en !1clwd when the caravan p,lrk is in operation. and llleans must be prmllkd ,It the reception office to summon attention If a stallmemher is not phv~le~t1l\ in attendance. but ifno such service by ,1 stal'fmember is prO\'ided guesh must be informcd of th:1t tact.

ANNEXURE 6

GUEST FARMS AND GUEST HOUSES: MINIMUl\1 REQLIRE!\IENTS FOR REGISTR.-\T10l\

I. GUEST ROOMS

].1 Size and floor covering

(:1) Minimum floor mea. inclusi\e of \cstibule and built-m furniture. if :1ny: Single room: 11m' or 30 m': Double r00111: 17m= or 46 m'

(b) If not c:1rpeted \\"<111 to \\aIL the noor must be tiled or coyered \\'jth other Impen'ious materi:1J :1nd be prO\idcd \\ith one Jloor m:1t. tmmed skin or similar noor cO\cring must bc pro\ldcd. equI\ Client 111 size to Im: l~)]' each bed or one lloor m:1t :1t le:1st 2.-+m2 to serve all beds.

61 No.3235 Govemment Gazette 14 July 2004

1.2 Lighting. heating and yentilation

(a) All bedrooms must have windows totalling not less than 1m' providing natural light and be fumished with curtains. shutters or blinds for privacy and exclusion of light. I I' the windows cannot be opened. a ventilation system must be provided.

(b) In establishments with electricity supply. the following must be provided:

(i) adequate electric Jightl11g by means of electric bulbs of sufficient wattage to allow for reading:

(ii) a reading lamp for each bed with its switch in immediate vicinity of bed:

(iii) at least one electric power plug in each bedroom:

(c) In establishments with no electricity supply. adequate lighting must be provided by means of gaslight. paraffin lamps. candles or other similar amenities.

1.3 Furniture and fixtures

The following must be provided in respect of each bcdroom:

(a) a mirror at least 90cm long and 37cm wide;

(b) at least one bedsidc table which may be shared by two beds iflocated between them:

(c) a wastepaper basket:

(d) a wardrobe or other suitable unit for the storage of guests' clothes and. unless central security lock-up facilities lor guests' valuables arc provided. the wardrobe or other unit must be provided with a serviceable lock;

(c) adequate beds for the number of persons occupying the room. but in respect of children other suitable beds may be provided;

(1) at least one chair per single room and two chairs per double room;

(g) the entrance of each bedroom is secured by a door with a suitable lock and key or other equivalent locking mechanism.

1.4 Linen, bedding and service

(a) Bcd-linen. blankets. pillows and towcls must be provided in sufficient quantities and be kept in good repair at all times.

(b) Bcd-linen and towels must be washed and changed with clean ones at least once weekly and in accordance with guests' requests.

(c) Extra bcd-linen or towels must be provided on request of guests.

(d) Occupied bedrooms must be cleaned daily.

1.5 Accessories and in-room amenities

In e\'CrY bedroom the following must be provided ­

(a) at least one tumbler per guest:

62 Govel11ment Gazette 14 July 2004 No.3235

(b) an ashtray. ifsmoking in room is pennitted:

(c) a minimum of 6 clothes-hangers. not being wire-hangers.

2. BATHROOMS AND TOILETS

2.1 Structuring and flooring

(a) Floors must be tiled or covered with other impervious material.

(b) All wal1s of bathrooms and toilets must be complete from the tloor to the ceiling and the internal walls must be tiled to a height or at least l35em from the floor. and walls above tiles must be coated in washable paint.

(c) Ifeommunal bathrooms and toilet facilities are provlde(L the following must be available:

(i) at least one shower or bath with hot ~Ind cold running water in each bathroom. and ifit is desired to provide baths in addition to showers. they may be installed in a common bathroom:

(ii) at least one bathroom or shower and one toilet for every 3 bedrooms. other than CII slIilc bedrooms. on each floor:

(iii) separate communal bathrooms and toilets must be provided for persons or opposite sexes or. iI' provided for use by both sexes. they must be so situated and screened as to provide complete privacy.

(d) Every ell slIile bedroom must be provided with at least a shower and toilet or a bath and loile!.

(e) Every bathroom and loile!. be il private or public. must be fitted with a donI' which can be locked from the inside.

(f) Adequate venti lation by means of windows. extractor 1~1I1 or other acceptable means of ventilation in good order and elTeelive action must be provided in every bathroom and toilet.

(g) All b,lthrooms l1lust have sufficient space to al10w rreedom of movement for access to all littings.

(h) Drainage rrom bathrooms and toilets must be disposed of by means of water­borne sewerage.

2.2 Fixtures and fittings

(a) A mirror of at least 45cm x 30cm must be provided in each bathroom.

(b) Bath-tubs. other than free-slanding baths. must be built in with bricks or impervious material and tiled on the outside.

(c) All bathrooms must have a \\ashbasin with hot and cold l1mning water.

(d) Towel rails. hooks or rings musl be pro\ided in each bathroom.

(e) Adequate clothes hooks must be pr(wided in each bathroom and toilet.

(0 A washable bath mat or a \\ooden bath step must be pro\'ided beside the bath in each bathroom.

(g) Every toilet bO\\'1 must be proVided with a lid.

I

No.3235 Govemment Gazette 14 July 2004 63

2.3 Accessories and service

(a) Every toilet. whether private. public or communaL must be provided with ­

(i) a toilet paper holder and supply of toilet paper;

(ii) ZI waste or sanitary bin with a lid:

(iii) a soap dish or holder: and

(iv) soap.

(b) Bathrooms and toilets must he cleaned daily.

3. PUBLIC TOILETS

In the case ofa guest farm in respect of which a hotclliquor licence is held. public toilet facilities. conveniently situated and clearly indicated. must he provided separotelv for the opposite sexes, and must have ­

(a) wa 11 s complete Iy bui It li'om floor to cei Ii ng:.J

(b) at least one toilet, the walls of which are tiled or ofother impervious material or coated with washable paint to a height of at least 135 em. from the tloor and the door provided with a serviceable lock whieh can he locked from the inside:

(e) in the f,leility for men. a urinal. tiled or of stainless steel or any other impervious material to a height 01' at least 135 em;

(d) a washbasin with running: water and with an area of at least 60cm by 45cm tiled immediately above eaeh washbasin:

(c) a mirror and shel r adjacent to the washbasin:

(n soap and clean facilities for drying hands must be provided.

4. DINING ROOMS

In the case ofa guest farm. dining facilities for guests may he provided either in a separate dining room or in combination with the lounge/sitting area or in the dining room of the owner's household.

4.1 Structuring and flooring

Every dining room must have ­

(a) a floor of impervious material or concrete:

(b) adequate lighting and ventilation in good order and efficient action; and

(c) adequate seating and dining facilities.

4.2 Food and beverage service

(a) Menus must be provided for the service of food at each meal.

(b) In the ease of a guest house situated in an urban area. the Chief Executive Officcr may in writing exempt an establishment from the obligation to provide mea] s to guests if the Chief Executive Officer, upon application by an establishment, is satisfied that other facilities for the provisions of food

64 Government Gazette 14 July 2004 No.3235

and beverages are available within a reasonable distance from the premises of the accommodation establishment.

(c) In the case 0 f a guest house or guest farm situated in a rural area adequate provision must be made for the service of food and beverages to guests.

(d) Alcoholic beverages may only be supplied and served in aeeordanee with an appropriate liquor liccnee and guests must be informed accordingly prior to booking.

5. KITCHENS AND WASH-UPS

If food and beverage services are available to guests. kitchen and wash-up facilities for guests ­

(b) in the case ofa guest house. must be pn)\'ided separately from those of the owner's household:

(c) in the case ofa guest farm. may be provided in the E1Cilities of the owner's household.

5.] Structuring and flooring

(a) Floors must be of impervious material or concrete.

(b) All wa]]s must either be tiled to a height of at least 135cm from the t100r or be coated with washable paint.

(c) Adequate cold rooms or refrigerators must be provided.

(d) There must be no direct access to a tOIlet IhlIll the kitchen.

5.2 Vcntilation and hvoicnc.... (a) Adequate provision must be made for ventilation and the elTieient removal

of hot air and odours bv means of extractor fans or other similar devices.

(b) Must be kept free from insects and rodents.

5.3 Fixhll'cs and fittings

(a) All shelves must be of impervious material.

(b) The top of each worktable must be a single and solid piece of stainless steel. marble or granite or other equivalent impenious material.

(c) At least one sink. or a dish-\\ashing machine and a sink. with hot and cold running water must be prm'ided for thl.' washing of dishes. crockery and cUllery. A separate sink \vith hot and cold running water must be provided for the washing of pots and pans.

(d) Separate t:1cihties wi th hot and eold running water. and soap and clean towels, must be prmided in or nelr the kitchen for cmployces for the washing of hands.

6. PAI\TRIES AI\D FOOD STOR<\GE ROOMS OR AREAS

(a) A suitable pantry or larder \vith sutficient capacity tor the storage of food must be prm·ided. of which ­

(i) the tloor must be of impcn'ious matcnal or concrete:

No.323S Govell1ment G~zette 1.+ Jul y 200.+ 6S

(ii) the walls must be tiled to a height of at least 13Scm from the floor \\'here practicable and \\'alls abo\·e tiles to be coated in washable paint:

(iii) the shelves must be of Impervious material or solid wood without anv crack.

(b) Every pantry or larder must at all times be maintained in a clean and wholesome condition. fi'ee from flies. rodents. \·ermin and dust and protected from the admission of unwholesome vapours or gases.

7. LOUNGES/SJTTI~G AREA

Adequate lounge Lleilities for guests must be provided either separately or as part of the owner's dwelling and must have­

(a) tloors of impervious material or concrete:

(b) adequate and comfortable seati ng: and

(c) adequate ventilation and lighting.

8. FIRE SAFETY

Adequate provision must be made for fire-fighting appliances and fire escapes, which must be prominently and clearly indicated ~1t all times.

9. LAUNDRY

A laundry service must be provided for the washing and ironing of guests' clothes. either on or off the premises.

10. RECEPTION FOR GUESTS

(a) Provision must be made for the reception of guests in a reception area. conveniently situated and clearly indicated.

(b) A stalTmember must always be available on call outside normal reception hours of the accommodation establishment and an effective means of summoning attention must be available when the reception desk is not attended.

11. BAR FACILITIES

(a) In the case of a guest farm with a hotclliquor licence where bar facilities arc provided, the bar must have adequate seating facilities for customers.

(b) Subject to the te1111S of an appropriate liquor licence, alcoholic and other beverages may be provided in a mini bar located in the bedroom or the dining area.

12. GENERAL

12.1 Tariffs for accommodation and services

(a) The tariffs for accommodation and customer senices must be displayed in a prominent place at the reception desk or be 3\·ailable in writing.

(b) Guests must be notified if the taritT has changed since an advance booking has been made.

(c) It should be made clear \\hat is included in the tariff quoted for accommodation, e.g. meals, sen·iee charge. and refreshments.

66 Government Gazette 14 luly 2004 No.3235

12.2 Conduct of business

An accommodation establishment must be open for businesl., e\'Cry day of the year. unless it is closed fl,r refurbIshment or it offers only seasonal accommodation. Such info1l11ation must be made clear in brochures and other promotional material.

12.3 Maintenance and service

(,I) The structure. equipment. plumbll1g. dl'3inage, sewerage disposal. lighting. ventilation. electrical installation of e\cry permanent building of the accommodation establishment must be kept in good state of repair at all times.

(b) The premises must be kept in a clean and hygienic condition and free of lire. health and safetv hazards at all times.

(c) All rooms must be properly ventilated.

12.4 Equipment provided

All furniture and equipment. kitchen utensils. cutlery. croCKery. glassware. bedding. linen. curtains, carpets. mats and other floor eO\ering must be clean and kept in good order and no chipped or cracked crockery or glassware may be used.

12.5 Access, safety and security

(a) Clients must have access to a telephone or two-way radio on the premises. where telecommunication network is available.

(b) First aid kit must be kept on the premises and he available to guests at all times.

(c) At least one member of the stafTofan establishment must have knowledge of elementary first aid.

(d) Guidelines and instructions reasonably required for advising guests in relation to any risks attached to any amenities or services provided at the establishment must be made available in each accommodation unit and also be conspiellously displayed at the reception arL·a.

(e) An emergency response plan must be established and statTmembers of the establishment must from time to time receive training on how to act 111

accordance with such plan.

Al\l\EXlJRE 7

HOTEL OR HOTEL PEl\'SIOl\': MIl\'IMUM REQUIREMENTS FOR REGISTRATIOl\'

1. GUEST ROOMS

1.1 Size and floor covering

(a) Minimum floor area. inclusi\e of\'estibule and built-in furniture. ifany: Single room: 11m' or 30 m': Double room: 17m' or 46 m'

(b) If not carpeted \\all to wall. the 1100r must bc tiled or eO\'l:red \\ith other impervious material and be prmided with one floor mat. tanned skin or similar floor cO\uing must be prmided. equi\'alent in size to I m 2 for each bed or one floor mat at least 2.4m2 to sene all beds.

No.3235 GOVC1l1ment Gazette 14 Julv 2004 67

1.2 Lighting, heating and ventilation

(a) All bedrooms must ha\T windo\\s totalling not less than I m C providing natural light and be fU1l1ished \\ith curtains. shutters or blinds for privacy and exclusion of light. If the windO\vs eannot be opened, a ventilation system must be prO\ided for.

(b) Bedrooms must be prO\'ided \\·ith -

(i) adequate electric lighting by means of electric bulbs of sufficient wattage to allo\\' for reading:

(il) a reading lamp for each bed with its switch in immediate vicinity of bed:

(iii) at least one eleetrie power plug in each bedroom.

1.3 Furniture and fixtures

The following must be provided in respect of each bedroom:

.J (a) a mirror at least 90em long and 37cm wide:

(b) a table, desk or dresser or any combination of those aliicles of fU1l1iture in each bedroom or a n)(1m adjacent to and forming part of the bedroom. of which at least one must be suitable to serve as a work surface:

(c) a wastepaper basket:

(ell in each bedroom or a room adjacent to and forming part orthe bedroom, a wardrobe or other suitable unit for the storage of guests' clothes and. unless security lock-up l~lCilitates for guests' valuables are provided the guest room. the wardrobe or other unit must be provided with a serviceable lock:

(e) adequate beds for the number of persons oecupying the room. but in respect of children other suitable beds may be provided:

(I) at least one chair per single room and two chairs per double room:

(g) the entrance ofeaeh bedroom is secured by a door with a suitable lock and key or other equivalent locking mechanism.

1.4 Linen, bedding and service

(a) Bcd-linen, blankets. pillows and towels must be provided in sufficient quantities and be kept in g00d repair at all times:

(b) Bed-l inen and towels must be washed and changed with clean ones at least once weekly and 111 accordance with guests' requests.

(c) Extra bcd-linen or towels must be provided on request of guests.

(d) Occupied bedrooms must be cleaned daily.

1.5 Accessories and in-room amenities

In cvery bedroom the following must be provided ­

(a) drinking water with at least one tumbler per guest:

(b) an ashtray. if smoking in room is pennitted:

68 Govemment Gazette 14 July 2004 No.323S

(c) a minimum of 6 clothes-hangers. not being wire-hangers.

2. BATHROOMS AND TOILETS

2.1 StructUJ'ing and flooring

(a) Floors must he tiled or cl)\'ered with other impen'ious material.

(b) All walls pfh~lthrooms and toilets must be epmplete from the noor to the ceiling and the internal walls must be tiled to a height pf at least 135cm from the noor. ~lIld w~ills ~lhO\'e tiles must be coated in \\'ashahle paint.

(c) Ell suite bedrooms must he provided \\ith at least a shO\\er and tpilet or a hath and tpilel.

(d) Every bathropm and toi let. be it priv~lle PI' pu bII e. must he fi tted wi th a door which can he Ipcked from the lIl~ide.

k) Adequate \'Cntilatipn hv means pf\\lnd(1\\~. C\tr~lCtor f:ln or pthL'r :lcceptable means orventilation in gppd order and effective ~letion must be provided in every bathropm and tpilel.

(1) All bathropms must have sulTieient sp~lCe tp :1110\\ freedpll1 PI' mp\'Cment for access to aII fittings.

(g) l)rain~\ge from bathrooms ami toilets must be disposed pfhy means pJ\vater­bprne SL'\\'Crage.

2.2 Fixtures and fittings

(a) A mirror pl':ll k~lSt 45el11 "\ 30 cm must be prO\lded In each hathropm.

(b) Bath-tubs. pthL'r than free-sl;lI1ding b:lths. must bL' built in with briCks or Imper\HHls materl~tl and tiled pn thl' oUhide.

(c) All hathropms must have a washbasin with IWI and cold running \\ater.

(d) Towel rails. hooks or rings must be provided In eac'h b:llhroom.

(e) Adequate clothes hpoks must be provided in each b:lthroom and toikl.

(I') A wasllable h~lth m~1t or a \\ppden hath step mll~t bl' pro\'ided IKsilk the bath in l'aeh bathroom.

(g) Every tl)ikt bowl must be provided with a lid.

2.3 Accessories and sen-ice

(a) [\'Cry tOllet. wlll:ther pri\ ate. puhlic or communal. must be prpvided \vith­

(i) a toilet paper holder and supply PI' toikt paper:

(ii) a \\aste or sanitarv bin \\ilh a lid:

(iii) a soap dish or hollkr: and

(iv) soap.

(b) Bathrooms and toilets must be cleaned dailY.

No.3235 Govemment GLlzette 14 July 2004 69

3. PUBLIC TOILETS

Public toilet facilities. conveniently situated and clearly indicated, must be provided separately for the opposite sexes. and must have ­

(a) walls completely built from floor to ceiling:

(b) at least one toilet. the walls of which arc tiled or of other impervious material or coated with washable paint to a height of at least 135cm. from the floor and the door provided with a serviceable lock which can be locked from the inside:

(c) in the bciJity for men. a urinal. tiled or of stainless steel or any other impervious l11<ltcrial to a height of at least 135em;

(d) a washhasin with hot an cold mnning water and with an arca of at least 60cl11 by 45cm tiled immediately above each washbasin:

(e) a mirror and shelf adjacent to the washbasin:

soap and cJean facilities for drying hands.J

4. DINING ROOMS

4.1 Structuring and flooring

(a) Every dining room must have­

(i) a noor which is tiled or covered with other impervious materiaL

(ii) adequate lighting and ventilation in good order and efficient action;and

(iii) adequate seating and dining facilities.

(b) There must be no direct access to a toilet from the dining room.

4.2 Food and beverage service

(a) Menu must be provided for the service of food at each meal.

(b) In the case of an establishment situated in an urban area, the Chief Executive Officer may in writing exempt an establishment from the obligation to proVide meals to guests if the Chief Executive Officer, upon application by an establishment, is satisfied ­

(i) that other facilities for the provisions of food and beverages arc available within a reasonable distance from the premises of the accommodation establishment: or

(ii) that "dial-a meal" services are available.

(c) Alcoholic beverages may only be supplied and served in accordance with an appropriate liquor licence and guests must be informed accordingly prior to booking.

5. KITCHEl\S Al\D WASH-UPS

5.1 Structuring and flooring

(a) Floors must be of impervious material or concrete.

70 Government Gazette 1.+ Julv 200.+ No.3235

(b) All walls must be tiled to a height of at least 135cm from the floor. and walls above tiles must be coated vvith vvashable paint.

(c) Adequate cold rooms or refrigerators must be provided.

(d) There must be no direct aeeess to a toilet hom the kitchen.

5.2 Ventilation and hygiene

(a) Adequate provision must be made for \'entilation and the efficient removal of hot air and odours by means of extractor fans or other similar devices.

(b) Must be kept free from insects and rodents.

5.3 Fixtures and fittings

(a) All shelves must be of impervious material.

(b) The top of each worktable must be a single and solid piece of stainless steeL marble or granite or other equivalent impervious material

(e) At least one sink. or a dish-washing machine and a sink. WIth hot and cold running water must be provided for the washing of dishes. crockery and cutlery. A separate sink with hot and cold running water must he provided for the washing of pots and pans.

(d) Separate facilities with hot and cold running water. and soap and clean towels. must be provided in or ncar the kitchen for employees for the washing of hands.

6. PANTRIES AND FOOD STORAGE AREAS

(a) A suitable pantry or larder with sufficient capacity for the storage of food must be provided. of which ­

(i) the floor must he of impervious material or concrete~

(ii) the walls must be tiled to a height of at least 135cm from the floor where practicable and walls above tiles to he coated In washable paint:

(iii) the shelves must be of impervious material or solid wood without any crack:

(h) Every pantry or larder must at all times be maintained in a clean and wholesome condition. free from flies. rodents. vermin and dust and protected from the admission of unwholesome vapours or gases.

7. LOUNGES

Adequate lounge facilities must be provided in establishments with 10 or more bedrooms which must have ­

(a) floors must be tiled or covered with other impervious material:

(h) adequate and comfortable seating: and

(c) adequate v'entilation and lighting.

8. FIRE SAFETY

Adequate prov'islOn must be made for fire-fightll1g appliances and fire escapes. which must he prominently and clearly indicated at all times.

NO.3235 Govelllment Gazette 14 Jul v 2004 71

9. LAUNDRY

A laundry service must be provided for the washing and ironing ofguests , clothes, either on or otTthe premises.

10. RECEPTION FOR GUESTS

(a) Provision must be made for the reception of guests in a reception area, conveniently situated and clearly indicated and fitted with a service counter.

(b) A staff member must always be anilable on call outside normal reception hours of the accommodation establishment and an effective means of summoning attention must be available when the reception desk is not attended.

11. BAR FACILITIES

(a) In an establishment with an on-consumption liquor licence where bar t~lcillties are proVided. the bar must -

(i) bc fitted with a suitable bar counter: and

(ii) have adequate seating facilities for customers: and

(i ii) in or ncar the bar. a sin k with a ti led or stain less stecl splashboard and with hot and cold running water for the washing of glasses.

(b) Subject to the teo11S of an appropriate liquor licence. aleoholic and other beverages may be provided in a mini bar located in the bedroom.

12. GEl\ERAL

12.1 Tariffs for accommodation and services

(a) The tariffs for accommodation and customer services must be displayed in a prominent place at the reception desk or be available in writing.

(b) Ciuests must be notified if the tariff has changed since an advance booking has been made .

.J (c) It should be made clear what is included in the tariff quoted for accommodation. e.g. meals. service charge. and refreshments.

(d) A guest service direetory must be provided in each bedroom.

12.2 Conduct of business

An accommodation establishment must be open for business every day of the year, unless it is closed for refurbishment or it offers only seasonal accommodation. Such infollllation must be made clear in brochures and other promotional material.

12.3 Dress and health requirements in respect of staff

All staff members must be properly attired and clean.

12.4 Maintenance and service

(a) The structure. equipment. plumbing. drainage, sewerage disposal, lighting. ventilation. electrical installation of every permanent building of the accommodation establishment must be kept in good repair at all times.

72 Government Gazette 14 July 2004 No.3235

(b) The premises must be kept in a cle~ll1 and hygienic condition and free of fire, health and safety hazards at all times,

(c) All rooms must be properly \entilated.

12.5 Equipmcnt provided

All fUll1iture and equIpment. kitchen utensils. cutlery. crockery. glassware. bedding. 11I1en. curtains. carpets. mats and other !loor covering must be elean and kept in good order and no chipped or cracked crockery or g!assw;1re m;1Y he used,

12.6 Acccss, safety and sccurity

(;1) Clients must ha\T aeccss to a tclephonc or t\\o-\\'ay r~1dio on thc prcmlses. \\'here telecom111unication net\\ork IS avail~1hle,

(b) Security facilities for the salCkeeping of guests' valuahles l11ust k prO\ided either in the guest rooms or;ll ;1 central place.

(c) (iuests l11ust have 24-hour access tl) their ~1CCOn11l1Odation I I' a 111emher of sU11TIS not availahle at all tJl11es. guests l11ust be pro\'lded \\ith keys or other loc king device.

(d) First aid klt 111ust he kept on the prenllSes and be ;I\aibhlc to guests at all times.

(e) At least one memher of the statTofan estahlishment I11Ust h~l\e KJ1O\\'ledge 01' elementarv first aid,

(I') Ciuldel1l1es ami Instructions rGlsl)J]ahly reljulrL'd 1'\)1 ;1(h 1'111" c>ll,',t, 111

relation to anv nsb attached to any amenities or SLT\ iccs pn1\ lded :It thc esUlblish1l1ent must he made;1\ ~lilahle in e~1ch accOlllI11\1,Lltl,li: ~lI1il clllll cll,o he conspicuously displayed at the reception area.

(g) An emergency response plan111ust he established and q~llrl11L'l1lhers ofthc establishment l11ust from time to time receive tr~linJlH! \)n 11\1\\ to act in ~lccordallce \\ith such pL1l1,

AY\EXURE X

LODGES (OTHER THA'" TEl\TED LODGES): I\IJ;\IMt:M REQUIREMEl\TS FOR REGISTRATlOl\

1. GUEST ROOMS

1.1 Sizc and floor covcring

(a) Minimum floor area. inclusi\T ohestibule and built-in furniture. I LlIlY: Single room: II m2 or 3() 111': Double room: 17m: or 46 m:

(b) 11' not carpeted wall to \\all. the !loor must be tiled or covered with other illlpenious material and be ]lro\'ided \vith one !lour mal. tanJled skin or si111il~1I" !loor eo\ering must be providecL equi\alcnt in size to 1m2 for each bed or one floor mat at least 2,4m' to senL' all beds

1.2 Lighting, heating and ventilation

(a) All bedrooms must ha\T w1l1dows totall1l1g not less than 1m' providing natural light and be fUll1lshed \\'ith curtains. shutters or blinds for privacy and exclusion of light. If the \\lI1do\\'s cannot be opened. a wntilation system must be prO\'ided for.

No.3235 Govcmment Gazette 14 July 2004 73

(b) In establishmellts with electricity supply, the following must be provided:

(i) adequate eleetrie lighting by \nttage to allow for reading:

means of electric bulbs of sufficient

(il) at least one electric power plug in each bedroom:

(e) In establishments with no electrleity supply, adequate lighting must be provided by means of gaslight. paraffin lamps, candles or other similar amenities.

1.3 Furniture and fixtures

(a) The following must be proVIded in respect of each bedroom:

(i) a mirror at least 90em long and 37cm wide:

J

(i i)

(iii)

a table, desk or dresser or any combination of those articles offurniture in each bedroom or a room adjacent to and forming part of the bedroom, of which at least one must be suitable to serve as a work surface:

a wastepaper basket:

(iv) a wardrobe or other suitable unit for the storage of guests' clothes and, unless central lock-up facilities for guests' valuables arc pmvided in the guest room. the wardrobe or other unit must be provided \vith a serviceable lock:

(v) at least one chair per single room and two chairs per double room:

(vi) a key or other equivalent locking mechanism for the bedroom door.

1.4 Beds, linen and service

(a) Adequate beds for the number of persons occupying the room must be provided, but in respect of children other suitable beds may be provided:

(b) Bed-l inen, blankets. pi llows and towe Is must be provided in su ffie ient quantities and be kept at all times III good repair:

(c) Bed-l inen and towels must be washed and changed with clean ones at least once weekly and \11 accordance with guests' requests.

(d) Extra bed-linen or towels must be provided on request of guests.

(c) Occupied bedrooms must be cleaned daily.

1.5 Accessories and in-room amenities

In every bedroom the following must be provided ­

(a) drinkll1g water with at least one tumbler per guest:

(b) if smoking in room is pern1itted. an ashtray:

(c) a minimum of 6 clothes-hangers. not being wire-hangers.

2. BATHROOIVIS A~D TOILETS

2.1 Stt'ucturing and flooring

74 GOVCl1llllent Gazette 1-1- July 200-1- No.3235

(a) Floors must be of Impervious material or concrete.

(b) All walls of bathrooms and toi lets must be eomp!etc from the noor to the ceiling and the internal walls must be tiled to a heIght of at !east 135cm from the noor. and \\all5 above tiles must be coated in washable paint.

(c) Communal bathroom and toilet facilities must be prmided in res[Ject of rooms or other accommodation units \\'ithout own bathrooms and toilets. as follows:

(i) in respect of e\'ery 4 accommodation units without own facilities. at least one bathroom or one shc)\\C\' cubicle and at least one washbasin. not located within a bathrpom or sho\\'Cr cuhicle. must he provided:

(ii) in respect of e\ery 4 accommodation units. Jt least pne water. pit or chemical toilet must be [Jrovided. with at least onc w<Jshbasin at the entrance of every toilet block: and

(iii) the internal WJlls oLdl bJthrooms and toilets must either be tiled or painted with washJble paint.

(d) Evel)' ell suire bedroom must be provided \\ith at least a shower and tpilet or a bath and toi let.

(e) Every bathroom <Jnd toilet. be it printe or communal, must be fitted with a door whieh can be loeked from the inside.

( I) AdequJte venti lation by mcans 0 fwindows. extractor 1~1I1 or pther acceptable means of ventilation in good ordcr Jnd etTectl\e Jctionmust be prO\ided in every bathroom and toilet.

(g) All bathrooms must have sulTieient space to allelw JI'Cedom of movement for access to all fittings.

(h) Drainage from bathrooms and toilets must be disposed of by means ofwater­borne sewer<Jge. except if a pit or chemical toilet is provided.

2.2 Fixtures and fittings

(a) A mirror or at least 45cm x 30cm and shelf must be provided in c:leh bathroom.

(b) Bath-tubs. other than liTe-standing baths. must be built Il1 with bricks or impervious materia1and ti led on the outside.

(c) Every bathroom must lwve a washbasin \\'ith hot and cold running water.

(d) Towel rails. hooks or rings must be provided in each bathroom.

(e) Adequate clothes hooks must be prO\idcd in each bathroom and toilet.

(n A washable bath mat or a \\ooden bath step must be provided beSIde the bath in each bathroom.

(g) Every toilet bowl mLlst be provided \\ith a lid.

2.3 Accessories and housekeeping

(a) Every toilet. whether printe. publIc or communal. mLlst be provided with­

(i) a toilet paper holder and supply of toilet paper:

No.3235 Govemmcnt Gazette 14 July 2004 75

(ii) a \V'aste or sanitarv bin with a lid:

(iii) a soap dish or holder: and

(iv) soap,

(b) Bathrooms and toilets must be cleaned daily,

J. PUBLIC TOILETS

Public [oilet facilities. conveniently situated and clearly indicated. must be provided separately for the opposite sexes. and 111ust have ­

(a) vvalls built completely from noor to ceiling:

(h) at least one toilet. the walls ofwhlch arc tiled or of other impervious material or coated with washable paint to a height of at least 135cm. ,'rom the floor ,1I1d the dour provided with a serviceable lock which can bc locked frol11 the inside: , (c) in the facility 1'01 men. a urinal. tilcd or of stainless steel or anv other Impervious 111,lten,1I tll a height of at least 135cm:

(dl a washbasin with hot an cold running water and with an area or at least l1()cm by 45em tiled iml11ediately above each washbasin:

(e) :1mirmr and shelfat the washbasm:

(n soap and clean facilities for lbyin)2. hands must be provided:

4. DINING ROOl\lILAPA

4.1 Structuring and flooring

The dining r00111 or lapa l11ust have ­

(a) a lloor of impervious material or concrete:

J (b) adeqlwtc lighting and ventilation in good order and efficient action: and

(c) adequate seating and dining facilities.

4.2 Food and beverage service

(a ) Food and beverage service must be provided.

(b) Menus must be providcd for the service offood at each meal.

(c) Aleoholie heverages may only be supplied and served ill accordance with an appropriate liquor licence and guests must be informed accordingly prior to booking.

5. KITCHENS AND WASH-UPS

5.1 Structuring and flooring

(a) Floors must be of impervious material or concrete.

(b) All walls must either be tiled to a height of at least IJ5em from the floor or be coated with vv'ashablc paint.

76 Gove1l1ment Gazette 14 July 2004 No.3235

(c) Adeq uate cold rooms or refrigerators must be provided.

(d) Therc musl be no direct access to a toilet from the kitchen.

Ventilation and hvoiene5.2 ,1-0

(;1) Adequate pW\'ision must be made for \'Cntilation and the efficienl removal of hot air and odours b\' mcans of e.\traC[(1r t~1ns or other similar de\'lces,

(b) Must be kept frec I"rl1m insects and rodents.

5.3 Fixtures and fittings

(;1) All sheh'es must be of impervious mall'rial.

(b) The top of each worktable must be a single and solid piece 01" SLIU1leSS steel. marble or granite or other equi\'alent Impervious m;lll'ri;t!

(c) At least one sink, or a dlsh-\vashing machine and a sink, with hot and L'llid running water must he prmided for the \\ashll1g of dislll's, noekerv and cutlery, A separ;lle sink WIth hot and cold running W:1ter must hL' provided for the \\ ashing 01" pots and p;1I1S,

(d) Separate Elcilitles with hot and cold I1ll1ning water, :ll1d soap and CIe:1I1 tm\ck must he prll\'ided 111 or ncar the kitl'hen for employl'es )llr tl1l' \v:lshing 01' h:lnds,

6. PAl\TRIES Al\D FOOD STORAGE ROO\lS OR ARE.\~

(a) A suitable pantry or l:irder \\ith sutliell'nt cIJ1acity Il1l till' ,t,l]':lgL' l>!'!,)lld J11ust he prmidl'lL Ill' \\hich ­

(i) the tlllllr must he of lJ11per\lous material or eonerl'te:

(ii) thl' \\alls must he tikd til :1 height of at least 13"em frnm the Ilonr \\ 11l're praL'liclhlc :ll1d \\:t!b :Ihon' tiks til hl' coall'd in \\a~l1Zlhle paint:

(iii) thl' shches mu~t he of 1I11jlL'r\ iou, m,lll'ri:li ill' '\llid \\ood \\ it!1llut anv cral'k:

(h) En'ry p:ll1try' \11' 1:lrdcr musl at all times he l11allltall1ed in :1 l'lean and \\llOles\lme eonditil1l1, free frllm Jlie~. rolknh. \ ermin :lI1d dust and prnteeted from thl' admissiun \If ul1\\11lllcsome vapours or gases,

7. WATER Sl'PPL\

(a) All water that is Iikely til be used for human consumption l11ust be fit for hunwn eonsumptllln and the \\ater supply system. including tanks. pipelines. \Vclls. pumping eqLLlpmcnl. purification \\orb. mains ;ll1d ser\ice pipes must be frce from sanitary defects,

(b) Il' e\'ery aecoml11Llc!cttion unit 1S not eonneetcd to a water supply system or :llternative \\3kr supply. at lc:1St one standpipc 3nd lap must be prmided 111

a cOl1\enient p\lsit\(ln fnr l'\'Cry t\\il aeC\1111I11l11bti\1n units, A grl':lSC trap sL'l in a dished and properly rendered surround and connected to an apprm'('lJ drainage syskm l11ust be pW\'llkd umkr L'\ cry standpIpe tap,

(c) Ifwater thai is nut tit )llr human cl1lbumptIUn is uSl'd In a permanent knted camp ­

No.3235 Govemment Gazette 14 July 2004 77

(i) adequate precautions must be taken to prcvcnt that water from being mixed \\'ith water that is likely to be used for human consumption;

(ii) every tap must ha\e an appropriate warning sign advising ifits water is not fit for human consumption; and

(iii) the dcsign and layout of the water installations for the supply ofwater that is not fit for human consumption must be such as 10 minimise the danger that such water will be used for human consumption.

(d) In the casc of a lodge situated within a conservancy or a communal land area the Chief Executive Officer may grant an exemption from any of the requirements of paragraphs (b) or (c) or grant approval that alternative be provided or used. but only potable water must be supplied. either free of charge or against a charge. ifrequired for human consumption.

8. LOUJ\GES

J

Adequate lounge facilities. with floors of impervious material or concrete. must be provided in establishments with 10 or more bedrooms. providing -

(a) adequate and comfortable seating; and

(b) adequate ventilation and lighting.

9. FIRE SAFETY

Adequate provision must be made for lire-fighting appliances and fire escapes. which must be prominently and clearly indicated at all times,

10. LAUNDRY

A laundry service must be provided for the washing and ironing ofguests' clothes. either on or ofT the premises.

II. RECEPTION FOR GUESTS

, (a)

(b)

Provision must be made for the reception of guests in a reception area. conveniently situated and clearly indicated and titted with a service counter.

A stalTmember must always be available on call outside nOIll1al reception hours of the accommodation establishment and an effective means of summoning attention must be available when the reception desk is not attended.

12. BAR FACILITIES

(a) ]n an establishment with an on-consumption liquor lieence where bar facilities are provided. the bar must ­

(i) be fitted with a suitable bar counter; and

(ii) have adequate seating facilities for customers; and

(iii) in or near the bar. a sink with a tiled or stainless steel splashboard and with hot and cold running \vatcr for the washing of glasses.

(b) Subject to the tenns of an appropriate liquor licence. alcoholic and other beverages may be prO\ided in a mmi bar located in the bedroom

78 Govelllment Gazette 14 July 2004 No.3235

13. GENERAL

13.1 Tariffs for accommodation and senices

(a) The tariffs for accommodation and customer services must be displayed in a prominent place at the reception desk or be a\ailable in writing.

(b) Guests must be notified if the tariff has changed since an advance booking has been made.

(c) 1t should be made clear wha t is inc luded in the tari ff quoted for accommodation. e.g. meals. service charge. and refreshments.

(d) A guest service directory must be provided in each bedroom.

13.2 Conduct of business

An accommodation establishment must be open for business every day of the year. unless it is closed for refurbishment or it ofTers only seasonal accommodation. Such information must be made clear in brochures and other promotional material.

13.3 Maintenance and senice

(a) The structure. equipment. plumbing. drainage. sewerage disposal. lighting. ventilation. electrical installation of every permanent building of the accommodation cstablishment must be kept in good state of repair at all times.

(b) The premises must be kept in a clean and hygienic condition and free of fire. health and safety hazards at all times.

(c) All rooms must be properly ventilated.

13.4 Equipment provided

All furniture and equipment kitchen utensils. cutlery. crockery. glassware. bedding. linen. curtains. carpets. mats and other floor covering must be clean and kept in good order and no chipped or cracked crockery or glassware may be used.

13.5 Access, safety and secllrit~·

(a) Clients must have access to a telephone or two-way radio on the premises. where telecommunication network is available.

(b) Security faci Iities for the safekeeping of guests' va luables must be provided either in the guest rooms or at a central place

(c) Guests must have 24-hour access to theIr accommodation. 1I' a member of stafT is not available at all times. guests must be provided with keys or other locking device.

(d) First aid kit must be kept on the premises and be available to guests at all times.

(c) At least one member of the statTofan establishment must have knowledge of elementarv first aid.

(f) Guidelines and instructions reasonably required lor advising guests in relation to any risks attached to any amenities or services provided at the establishment must be made a\ailahle in each accommodation unit and also be conspIcuously displayed at the reception area.

No.3235 Govemment Gazette 14 July 2004 79

(g) An emergency response plan must be established and staff members of the establ ishment must from time to ti me reeei\'C training on how to act in accordance with such plan.

A~~EXllRE9

REST CAMPS: ;\1If\'IMlll\l REQUIREMEf\'TS FOR REGISTRATION

1. ACCOM1\IOOATION UNITS:

1.1 Structuring alld layout

(a) Accommodation must primarily bc plm'ided in accommodation units comprising ronda\'Cls. rooms. chalets or bungalows. and may include, in combination therewith. accommodation facilities in the form of camping sites or caravan pitches. or both.

(b) The rest camp must be properly and attractively laid out.

1.2 Lighting

Sufficient lighting must be provided in everv accommodation unit

1.3 Furniture and fittings

Accommodation units must be provided with ­

(a) adequate beds for the number of persons occupying a unit;

(b) at least a table. desk or dresser, two chairs or benches, a wardrobe with sutTicient clothes hangers. a minor and a wastepaper basket; and

(c) lockable doors and keys.

1.4 Bedding and maintenance

(a) If bedding is supplied in an accommodation unit clean bedding must be provided ­

(i ) upon every change of occupation of the unit: andJ

(ii) at least weekly during occupation by the same guests.

(b) If accommodation units arc not cleaned daily, suitable equipment for that purpose must be provided.

2. BATHROOM ANO TOILET FACILITIES

(a) Ifevery accommodation unit is not provided with its own ablution L1cilities, then communal facilities must bc provided having available. in respect of every 4 accommodation units, including any camping sites or caravan pitches, at least ­

(i) one bathroom or shower cubicle, allowing for complete privacy when used:

(ii) one washbasin with a milTor at least 45cm x 30cm, not situated within a bathroom or shower cubicle.

80 Government Gazette 14 July 2004 No.3235

(b) Ifevery accol11mod~ltionunit is not provided with its own toilet, at least onc water. pit or chemical toilet must be prO\Ided for every 4 accommodation units. At least one washbasin must be provided within every toilet block.

(c) The internal wal Is ofall bathrooms and toilets must either be tiled or painted with \vashable p~1int tfconstructed orbricks or other equi\alent material.

(d) In thc case ofa rest camp situated within a conservancy or a communal land area the Chief Executive OITicer may grant exemption from any or the reqUIrements of paragraph (a). (b) or (c) or appro\e that allcrnati\'C j~lCi 1it ies he provided.

3. LAUNDRY

(a) A laundry facility equipped with sufficient washing machines or \\ashing tubs ~1I1d lronll1g facilities and drying areas WIth clothes lines I11USt he pI\)vlded.

(b) No washing must he permitted to be done or clothll1g hung out to dry in a place other than a pbce specially providL'd for that purpose.

4. WATER SUPPLY

(a) All water that IS likely to hL' used for human consumption must be fit for human consumptIon ~1I1d the \\~lter supply syslcm. including t~\nks. pIpelines. wells. pumping equlpnKnt. purification works. mains and ser\lce pipes must L1L' frl'e from sanitarv lkrl'cls

(h) If every accomnwelatlon unit IS not l'l)11I1ected to a mains \\~ller supply or altern~ltive water supply. at kast one standpipe allli l<lp I11USt he 11wvidl'd In ~1 convel11ent position for every t\\O ael·un1l11l1datll1nunits.:\ grL'ase tr~lp SL't 111 a dished ~1I1d pnlperly rl'l1lkred surround ~lI1d eonnl'L'kd 1\' all ~Ippro\ eel drall1age SVSll'Ill must he prmided under e\'Crv s(;1I1dplpe l~lI1.

(c) If\valer th~ll is not lit for hU111an cUllSumptlon IS used 111 ~I rest Glmp­

(i) ~ldequate precautions l11usl he l<lken to ptT\l'nt that water from heing 1111xed with \\aler th~11 is lIkely to 1.1L' uscd l\lr human consumption;

(ii) every l~lP musllwve an appropnate \\,IrI11Ilg Slgll irits waler is nut JII I\)r hum~1l1 consumption; and

(iii) the deSIgn ,Ind LIYllut of the \\~ller installatiolls ror the supplv uf\\~lter

that is nol lit for human consumpllun musl he such ~lS to minllllise the danger that such \vatl'l' \\Ill he used for human consumptilln.

(d) In the case ofa rest camp situated withIn a conservancy or a communal land arl'~l the CllIeI' Executl\'C Ufficer may granl an exemption from any or the requirements of paragraphs (h) or (c) or grant appr\)v~J! lkll alternati\e be provided or used. hut only pOlable \\ater must he supplicd. either free of charge or against a charge. if reqll1rl'd lor human consumplion.

5. COOKING FACILITIES

(~I) II' accommodation unils include o\vn couk1l1g facilities. sueh facilities musl be provided in a kitchen or dining arL'a physlcally separate fl'om any sleeping area.

(b) Every accommodation unit \vithout an o\\n kitchen musl be provided with at least one llrepJaee.

(e) In respect of accommodation unIts. Including any c~lmping sites or cara\'an

_ _

81 No.3235 Government Gazette 14 July 2004

every 10 units at a central place at Icast ­

(i) one seullcry. with a stove; and

(ii) one garbage-bin with cover.

(d) All refuse bins must have close fitting covers secured at all times and be kept in good repair and be emptied and cleaned daily when in usc.

(c) Each camping site or caravan pitch must be provided with a fireplace ifno seullcry is providcd.

6. GENERAL

6.1 Reception for guests

(a) If provision is made for thc reccption of guests. a reception area which is conveniently situated and clearly indicated should be provided as well as a means of summoning attention when the reception desk is not attended.

(b) A member of the staff must always be on call outside normal reception hours of the estab1ishmcnt.

6.2 Access, safety and security

(a) A fence as approved by the Chief Executive Officer must be erected around the camp. The Chief Executive Officer may grant exemption from this requirement in respect of a rest camp situated within a conservancy or a communal land area or any rural area.

(b) A road that provides easy entrance to or exit from the camp must be provided as well as roads providing acccss to all sites where accommodation units arc located. All roads must have a surface allowing for driving in all weather conditions.

(c) Direction signs to the camp must be placed at suitable points visiblc to motorists.

(d) First aid kit must be kept available at a readily accessible place.

(e) At least one staff member of the establishment must have knowledge of elementary first aid.

(n Guidelines and instructions reasonably required for advising guests in relation to risks attached to any amenities or services provided in a rest camp must be made available in each accommodation unit and also be conspicuously displayed at the reception area.

6.3 Fire safety measures

(a) A sufficient number of appropriate fire- fighting equipment and appliances must be provided.

(b) Fire-fighting equipment must be provided in readily aeeessiblc positions on the premises of the rest camp in such way that at least one appliance is provided in respect of every two accommodation units and not more than 25 metres away from either of them.

6.4 Staff

(a) A person must be appointed to be in attendance during every period when LL _.~ ""­

82 Govemment G<lzette 14 lulv 200-1- 1'\0.3235

(b) A stafTmember of the establishment must at all times during normal husiness hours be available to attend to the reception office during e\Tly period when the camp is in operation. and means must be provided at the reception office to summon attention if a statf member is not physicllly in attend~lIlce.

(c) All staff members must be properly attired and clean.

7. DINING ROOM/RESTAURANT AND BAR FACILITIES

In the case of a rest camp where a dining room. restaurant or lapa is available for providing meals to guests or \\here bar t~lcilities arc prO\'ided in accordance with an on-consumption liquor licence held in rcspect ofthc re--t camp. the following requirements must be complied with:

7.1 Structuring and flooring

The dining room. restaurant or lapa must have ­

(a) a floor of impervious materia I or concrete:

(b) adequate lighting and \'entilation in good order and enIcient action: and

(c) adequate seating and dining facilities.

7.2 Food and bCHragc servicc

(a) Menu must be rrovided for the service of food at each mcal.

(b) Alcoholic beverage may only be supplied and served in aeeordancl.' with an appropriate liquor licence and guests must be informed ~lcc()nllllgly prior to booking.

7.3 Bar facilities

Every bar must ­

(a) be fitted with a suitable har counter:

(b) have adequate seating facilities for customers: and

(c) in or ncar the bar. a sink with a tiled or stainless steel spJashboard and with hot and cold running water for the washing of gl'lsses: and

(d) have at least one toilet for each of the sexes.

8. KITCHENS and WASH-liPS

8.1 Structuring

(a) Floors must he ofimpelTious material or concrete.

(b) All walls must be tiled to a height of at le~lst 135em from the floor. and walls ahove tiles must he coated with \vashable paint.

(c) Adequate cold rooms or refrigerators must be provided.

(d) There must he no direct access to a toilet hom the kitchen.

8.2 Ventilation and hygiene

(a) Adequate provision must be made for \cntilation and the cfTicient removal

No.3235 Govemment Gazette 14 July 2004 83

(b) Must be kept free fi-om insects and rodents.

8.3 Fixtures and fittings

(3) All shelves must be of impervious material.

(b) At least one sink or other washbowl with hot and cold running water must be provided for the washing of dishes.

(c) Separate faci Iitles \\'i th hot and cold running water. and soap and elcan towels, must be provided in or ncar the kitehcn for employees for the washing of hands,

9. PANTRIES Al\D FOOD STORAGE AREAS

(a) A suitable pantry or larck'r with sufficient capacity for the storage of food must be provided. of which the 110or. walls and shelves must be of impervious material or concrete:

(b) Every pantry or larder must <Jt all times be mamtaincd in a clean and wholesomc condition. liTe from nics. rodents, vermin and dust and protected from the adl11 iss ion of unwholesome vapours or gases.

10. REQUIREMENTS IN RESPECT OF CAMPING SITES AND CARAVAN PITCHES PROVIDED IN A REST CAMP

If, in combination with the facilities or 3 rest camp. accommodation facilities arc also provided in the form of camping sites and caravan pitches, the minimum requirements prescribed in ,';nnexurc ." with reference to camping and caravan parks must be complied with in respect of the camping sites and caravan pitches provided in the rest camp.

AI\I\EXURE 10

SELF-CATERIl\G ESTABLISHMENTS: MINIMUM REQUIREMENTS FOR REGISTRATIOJ\;

1. ACCOMMODATIOI\ UI\ITS

1.1 Structure, size and floor covering

(a) Minimum noor mea of bedrooms, inclusive of vestibule and built-in furniture, if any: Single room: 10m2

;

Double room: ]5m'.

(b) Ifnot carpeted wall to walL the 1100r must be tiled or covered with other impervious material and be provided with one floor mat, tanned skin or similar floor covering must be provided, equivalent in size to 1m2 for each bed or one floor mat at least lAm 2 to serve all beds.

(c) Every entrance of an aecommod<Jtion unit must be secured by a door with a suitable lock and key or other equivalent locking mechanism and. if an accommodation unit is located in a building complex, a key or other means of entry to the main door of the building complex must be provided.

1.2 Lighting, heating and ventilation

(a) All bedrooms must have windows totalling not less than 1m' providing natural light and be furnished with curtains. shutters or blinds for privacy

84 Government Gazette 14 luiv 2004 No.3235

~lIld exclusion of light. If the windows cannot be opened. a ventilation system must be pn1\idcd for.

(b) In establishments with electricity supply. the following must be pl"ll\ided:

(i) adequate electric lighting by means of electric bulbs of sufTieient wattage to allow for reading:

(ii) a reading I~lmp for each bed \\ith its s\\'itch In Il11medi:llL' \icinity of bed:

(iii) at least one electric pom.:r plug Il1 each bedroom.

(c) In establishments \\'ith no electricity supply. adcqu:lk lighting must be provided by means of ga~light. paraffin lamps. eandk~ \)r nther similar amenities.

1.3 Furniture and fixtures

The following must be prmided in respect of e~lch bedrnom:

(a) a mirror at least 90cm long and l7em \\ide:

(b) a table. lksk or dresser or any cl1l11bination or those :lrlick, llf rurniture with a mirror of tile minimum size menti11l1ed in p:lr:lgr:l]lh 1:\ I. in L':lcll bedroom m:\ !"l)om adjaccnt to :l1ld formlllg p:lrt or thl' hl'dt,', \!~1.

(d) In L'ach bedronm or a room adpeent to and formIng p:lrI ()[ the 11~'dll)(lm,:I

wardrobe nr :lny nther suiu\bk facilities for the storagl' ll( "lie"!>' L']ntllL's: (ei adequate Iwds 1\)1' the numbernfpLTsnns nccupving the r"I\J~l. :1',11 In rl'~pect

of children nther suitable beds m:lY be pm\ided.

(1) the entrance of each bedroolll is secured hv a dum \\\\h:l sUltabk lock and kcy m uther equi\:t1ent locking mechanism

IA Lincn. hedding and senice

(:I) Bed-Ilncn. hlankeh. pillu\\ ~ :lIld tlmels must hl' Il]'()\ ided Il1 sulriclent quantities and he kepI III good rcpair al all times:

(b) l3ccl-linen :lnd lowels musl be \\'ashed ~lIld ch:lnged \\ ilh elc:lll ones:lt k:lst once weekly and in accordance \\'ilh guests' requesh

1.5 Accesso!"ies and in-room amenities

In every bedroom the f\)llowlIlg musl be pn1\ided ­

(a) an ashtray. iI' smoki ng I n room is pelllll tIed:

(b) a nllnimum of () chllhes-hangers. not being \\'Irc-hongers.

2. BATHROO\lS Al\D TOILETS

2.1 Structuring and flooring

(a) Floors must be of lmpenious m:l1erial or concrete,

(b) All \vails of bathrooms and toilet:; must be complete from the noor to the ceiling and the internal walls must be liled 10 a height of al leasl 135cl11 frnnl thr' lln.--.r ;111(1 "':111, ;]h(1\'(' tTL .. .;;:. 11111Ct hi' ('ll~lt(""(1111 \\-'-1,1'1:",1(.. n~lnt

No.3235 Government Gazette 14 July 2004 85

(c) If communal bathrooms and toilet facilities are provided. the following must be ~lVaiJable:

(i) at least one sho\\"Cr or bath \\'jth hot and cold running water in each bathroom. and ifit is desired to provide baths in addition to showers. they may be installed in a common bathroom:

(ii) at least one bathroom or shower and one toilet for every 3 bedrooms. other than 1'/7 slIile bedrooms. on each floor.

(d) Every I'll slIile bedroom must be provided with at least a shower and toilet or a bath and toilet.

(c) Every bathroom and toilet. be it private or public. must be fitted with a door which can be locked from the inside.

(n Adequate vcnti lation by means ofwindows. extractor fan or other acceptable means of ventilation in good order and effective action must be provided in every bathroom and toilet.

(g) All bathrooms must have suftieient space to allow freedom of movement for access to all fittings.

(h) Drainage from bathrooms and toilets must be disposed of by means ofwater­borne sewerage.

2.2 Fixtures and fittings

(a) A mirror of at least 45cm x 30 em must be provided in each bathroom.

(b) The internal walls of bathrooms and toilets Inust either be tiled to a height of at least 135cm from the floor or be coated with washable paint.

(c) Bath-tubs, other than free-standing baths. must be built in with bricks or impervious material and tiled on the outside.

(d) All bathrooms must have a washbasin with hot and cold lUlming water.

(c) Towcl rails. hooks or rings must be provided in each bathroom.

(I) Adequate clothes hooks must be provided in each bathroom and toilet.

(g) A washable bath mat or a wooden bath step must be provided beside the bath in each bathroom.

(h) Every toilet bowl Inust be provided with a lid.

2.3 Accessories and service

(a) Every toilet. whether private. public or communal. must be provided with ­

(i) a toilet paper holder and supply oftoilct paper:

(ii) a waste or sanitary bin \vith a lid:

(iii) a soap dish or holder: and

(iv) soap.

(b) Bathrooms and toilets must be cleaned dailY

86 Govemment Gazette 14 July 2004 NO.3235

3. DINING ROOM AND LOUNGE

(a) The floors must be or impenious material m conercte:

(b) At least a table and chairs or othcr suitable seating must be prO\lded.

4. KITCHENS AND WASH-UPS

4.1 Structuring and flooring

(a) Floors must be of impervious material or eonerete.

(0) All walls must cithcr bc tiled to a height orat least 135em from the 110m or be eoated with washable paint.

(c) Adequate eold rooms or refrigerators must be prO\ided.

(d) There must be no direct access to a toilet from thc kitchcn.

4.2 Furniture and fixtures

(a) A self-catering kitchen mu~t bc provided with a stove or hot plate or microwavc. a rel'rigerator. kettlc. a table and an adequate number of ehairs for the number of guests to be accommodated.

(0) Adequate eooking utensils. crockery and cutlery for the number of guests to be accommodated ~hould bc prO\idcd. and if at an establishment those facilities are not provided. guest must be informcd accordingly when bookings are made and in any brochures or othcr promotional matcrial publishcd in rclation to thc establishment.

(c) All shelves must be of impervious material.

(d) The top of each worktable must be a single and solid piece of stainless steeL marble or granite or other equivalent impervious material.

(e) At least one sink. or a dish-washing machine and a sink. with hot and cold running water must be prcl\lded for thc washll1g of dishes. erockcry and cut lery.

(1) Every kitchen must be kept free from insects and rodents.

5. FIRE SAFETY

Adequate prc)\'ision must be made for fire-fighting appliances and fire escapes. which must be prominently and clearly indIcated at all times.

6. LAUNDRY

Adequate faci Iities should be prO\'ided for the use of guests for the washing. drying and ironing of clothes on or off the premises.

7. GENERAL

7.1 Tariffs for accommodation and senices

(a) The tantTs for accommodation and customer sen'iees must be displayed in a prominent place at the reeeption desk or be a\ailable in writing.

(b) Guests must be notilied if the tariff has changed Sl11ee an ad\'anee booking has been made.

l

NO.3235 Gmemment Gazette 14 July 2004 87

(c) ]t should be made clear what is included in the tariff quotcd for accommodation. e.g. meals. sen'lce charge. and refreshments.

7.2 Maintenance and service

(~\} The structure. cquipmcnt. plumbing. drainage. seweragc disposal. lighting. vcntilatlon. clectricill installation ofe\"Cry pennancnt building and all fences on the premises must be kept in good state afrepair at all times.

(b) The premises of :lCcommodatian units. including any building complex in which they arc located. must be kept in a clean and hygienic condition and frcc of fire. health allds:lfety hazards at all times.

(c) AII rooms must bc properly vcntilated.

(d) AccommodatIOn units must be clcaned at least weekly while they are occupIed. Cleaning matcrial and equipmcnt must be provided for use by guests at :1111' timc.

(e) Each accomnIOd~lli(l11 unit must he provided with at least one reli.tse bin which must he emptied and cle:med <bily during the period th:1t the unit is occupied.

7.3 Equipment provided

AIlli.lrniture and equipmcnt. kitchen utensils. cutlery. crockery. glassware bedding. lincn. curtains. carpets. mats and otller floor covering must be c!can :lI1d kept in good ordcr and no chipped or cracked crockery or glassware lIlay he used.

R. Acu'ss. safety and security

(:1) Security 1:1Ci IitIes for thc safckeepi ng of guests" va luahles must be provided either in the guest rooms or at a central placc.

(b) Guests must han? 24-hour access to their accommodation. Ifa member of sta1Tis not availahle at all times. guests must be provided with keys orother locking dcvice.

(c} First aid kit must bc kept on the prcmises aml be available to guests at all times.

(d) Ciuidelincs and instructions reasonably required far advising guests in relation to risks attachcd to any amenities or serviccs provided in a sclf­catering apartment must be made available in each unit.

Al\''\EXURE 11

PERMAl\El\T TENTED CAMPS Al\D TEl\TED LODGES: MINI1\1[I1\1 REQUIREMEl\TS FOR REGISTRATION

I. ACCOM1\10DATlOl\ Ul\ITS:

1.1 Structuring and layout

(a) Accommodation may be provided in accommodation units comprising tents or other structures made of cam'as or similar matenaL and may include. in combination therewIth accommodation facilities in the f0D11 of camping sites or caravan pitches. or both.

(b) Accommodation units must havc concrete or woodcn tloors

R8 Govemmenr Gazette 14 July 2004 No.3235

(c) Accommodation units must have sufficient space to allow freedom of movement for guests and access to all furniture.

(d) A permanent tented camp or tented lodge must be properly and attractively laid out and landscaped.

1.2 Lighting

Sufficient lighting must bc prmided 111 every accommudation uni!.

1.3 Furniture and fittings

(a) Adequate beds or campin12 beds \lith tl)al1l-rubber or equivalcntm~lttrL'sses

must be pruvided in each accol1llllodatlon unit.

(b) Every accul1lmodation unit must be provided with at least a t;d'lc. chair or bench. adequate clothes stora12e space with clothes hangeh. ~I mllT,lr and sufficient Iightln12.

1.4 Bedding and maintenance

(a) If heddin12 is supplIcd in an accommodatIon unit. clean hl'ddlll!.' I1lUS] be provided ­

(i) upnn cverv chan12e nf (lCCupatlon of thc unit: and

(Ii) at least weekly durin12 occupatIon by thL' same 12uesh.

(h) If accommodation units arc not L'leaned cbilv, suitable eLJull'mc'I'1 t',lI liLt!

pU!l)ose l1lust be provided.

2. BATHROOM AND TOILET FACILITIES

(a) Il' every accn11lnlOdationunlt IS not provided with its 0\\ n ~lhlllll<'l1 f~ll'Iilties.

then cOl1ll1lunal 1~lcillties l1lust be provided having a\"ilil~lbk. ]11 rl'S\k'et nf every 4 acc011l11lndalion units. including any campsites \1[' l;ILI\ :111 pitches. ;It least ­

( i) onc bath rnol1l or sIH)\\Tr cubi c Ie. aIk)\\'i n12 for cum I' Icte prJ \acy \\ hen used:

(ii) unc \\';lshbas111 \\ ith a IllllTOL not situ;ltcd within;1 hathrnum ur slw\\'er cubicle.

(b) Ifc\"C'ry ;lCeolllmudation unit is not pn1\ Ided \\'ith ih \1\\ n toilet. atle;lst one \\'ateL pIt or chemicll toilet must be prOVided for C\'l'r\ 4 ~IL'C\ll1ll1lodation

unih. ,.\t k;lsl Ol1l' \\ ashb;1Sin IllUSt be prU\ldcd \\ ]th111 l'\ en I\lilet hl(lCK.

(c) Thl' internal walls nrall b;ltl1rool11s and toilets must either he tiled nr jXlinted with \\'ashablc paint iI' construc1L'd nf bricks or othcr cqu1\alcnt l1lalL'rial.

3. LAl'NDRY

(;1) A laundn lacillt: eLJuippcd \\ith ~utlicicnt \\ ~lsh111g l1lachlnes or \\a~lllng

tubs and IronIl1g laeilities and dryll112 ;m:.'as \\ ]th elothcs lincs l1lust be prOVIded.

(b) ~o \V"ashll1g l11ust be pcrmittcd to he done or clothing hung uut to dry 111 a pl~1Ce othcr tk11l a placc specl;ll]y pro\ ldecl rnr th~lt purpose

No.3235 Govemment Gazette 14 July 2004 89

4. WATER SUPPLY

(a) All water that is likely to be used for human consumption must be fit for human consumption and the water supply system. including tanks. pipelines. wells. pumping equIpment. purification works. mains and service pipes must be free from sanitarv defects.

(b) If every accommodation unit is not connected to a mains water supply or alternative water supply. at least one standpipe and tap must be provided in a convenient position for every two accommodation units. A grease trap set in a dished and properly rendered SUITOlll1d and connected to an approved drainage system must be provided under every standpipe tap.

(c) lfwater that is not fit for human consumption is used in a permanent tented camp or tented lodge ­

(i) adequate precautions must be taken to prevent that water from being mixed with water that is likely to be used for human consumption:

(ii) every tap must have an appropriate waming sign advising ifits water is not fit for human consumption: and

'­(iii) the design and layout of the water installations for the supply o l' water

that is not tit for human consumption must be such as to minimise the danger that such water will be used for human consumption.

(d) In the case of a permanent tented camp or tented lodge situated within a conservancy or a communal land area the Chief Executive Officer may grant an exemption from any of the requ irements of paragraphs (b) or (c) or grant approval that alternative be provided or used, but only potable water must bc supplied. either free of charge or against a charge, if required for human consumption.

5. DINING ROOM/RESTAURANT/LAPA

5.1 Structuring and flooring

The dining room. restaurant or lapa must have ­

(a) a floor of impervious material or concrete:

(b) adequate lighting and ventilation in good order and efficient action: and

(e) adequatc seating and dining facilities.

5.2 Food and beverage service

(a) Full meals service must be provided.

(b) Menu must be provided for the service of food at each meal.

(c) Alcoholic beverage may only be supplied and served in accordance with an appropriate liquor licence and guests must be informcd accordingly prior to booking.

6. KITCHE~S and WASH-UPS

6.1 Structuring

(a) Floors must be of impervious material or concrete.

90 Government Gazette 1..+ July 200..+ No.3235

(b) All walls must be tiled to a height of at least 135em from the floor, and walls above tiles must be coated \\'ith \\ashable paint.

(c) Adeq uate cold rooms or refrigerators must be provided.

(d) There must be no direct access to a toilet from the kitchen.

6.2 Ventilation and hygiene

(a) Adequate pro\'ision must be made for ventilation and the elTieient rl'nw\'al of hot air and odours by means of extractor fans or other similar (k\ ICl'S.

(b) Must be kept free from insects and rodents.

6.3 Fixtures and fittings

(a) All shelves must be of impervious material.

(b) At least one sink or other washlx\\\'1 \\ith hot and cold running \\ ~ltlT nlu,t be provided for the washing of dishes.

(c) Separate lilCi lities with hot and cold running water, and soap and clean t\ )\\ l'l '. must be provided in or near the kitchen for employees for the \\a,hm~ \d" hands.

7. PANTRIES AI\D FOOD STORAGE AREAS

(a) A suitable pantry or larder with sufficient capacity for the storagl' l11 !",)\)d must be provided. of which the noor. w,dls and shelves must be ofill1)1lT\ I,)U' materi,d or concrete:

(b) Every pantry or larder mllst at all times be maintained in a ckan and wholesome condition. fi'ee from nics. rodents, vermin and dust and 111\1k~'kd

from the admission of unwholesome vapours or gasses.

8. COOKING FACILITIES

8.1 Self-catering service provision

(a) Ifaccommodationunits include own cooking 1~1cilities, such L1cilitil's 11lLI,t be provided in a kitchen ordining area physically separate I]'om any "kl'!1mg area.

(b) In respect of accommodation units. including any camping sites or cara\ an pitches. without an own cooking facilities there must be provided ­

(i) for every unit at least one fireplace: or

(ii) for every 6 units a roofed field kitchen or a sCldlery with ­

(aa) a stove: and

(bb) one garbage-bin \\ith eO\"Cr.

(e) All refuse bins must 11<1\e close fitting cO\"Crs secured at aJ1 times and be kept in good state of repair and be emptied and cleaned daily when in usc.

91 No.323S GOYe111ment Gazette 14 Jul Y 200.+

9. GEKERAL

9.1 Reception for guests

(a) If provi sion IS made for the reception of guests, a reception area which is conveniently situated and clearly indicated should be provided as well as a means of summoning attention when the reception desk is not attendcd.

(b) ;\ member of the staff must always bc on call outside normal reception hours of the cst<lbllshment.

9.2 Access, safety and security

(a) A permanent tented camp or a tented lodge must be properly fenced off The ChiefExeeuti\e Officer may grant exemption from this requirement in respect of a permanent tented camp or tented lodge situated within a conservancy or a communal land area or any nrral area.

(h) A road that provides easy entrance to or exit from the camp or tented lodge must he prO\ided as well as roads providing access to all sites where accommodation units arc located. All roads must have ;1 surface allowing for drIving in all weather conditions.

(c) Direction signs to the permancnt tented camp or tented lodge must he placed at suitable points visible Il) motorists.

(d) First aid kit must be kept availahle at a readily accessible place.

(e) At least one stall member of the establishment must have knowledge of elementary first aid

(f) Guidelines and instructions reasonably required for advising guests in relation to risks attached to any amenities or services provided in a permanent tented camp or tented lodge must be made available ill each accommodation unit and also he conspicuously displayed at the reception area.

9.3 Fire safety measures

, (a) A sufficient numher of appropriate fire-fighting equipment and appliances must be provided.

(b) Fire-fighting equipment must be provided in readily accessible positions un the premises of a permanent tented camp or tented lodge in such way that at least one appliance is pro\'ided in respect of every two aecommodatiun units and not more than 25 metres away from either of them.

9.4 Staff

(a) A person must be appointed to be in attendance during every period when the permanent tented camp or tented lodge is in operation.

(b) A staff member of the establishment must at all times during nom1al business hours be available to attend to the reception office during every period when the camp or lodge is in operation. and means must be provided at the recept ion office to summon attention if a staff member is not physically in attendance.

92 Government Gazette 14 July 2004 No.3235

10. REQl'IREMEI\TS Il\ RESPECT OF CAMPIl\G SITES AND CARAVAl\ PITCHES PROVIDED IN A PERMAl\El\T TEl\TED CAMP

II~ in combinatIon with thc L"lcilities of a pcrmancnt tentcd camp. accommOdalI(1n facilitics arc also provided in the form of camping sites and caravan pitcbes. lile minimulll requirements prescribed in Annexure 5 witb reference to camping ancl caravan parks mllst be complied with in respect of the campll1g sites and CaLl\ .11'

pitches provided in the permanent tented camp.