DRAFT PROTECTED AREAS BILL 26 March 2003
BILL
To provide for the protection and conservation of ecologically viable areas
representative of South Africas biological diversity and its natural landscapes
and seascapes; for the establishment of a national register of all national,
provincial and local protected areas; for the management of those areas in
accordance with national norms and standards and in a way that would preserve
the ecological integrity of those areas, contribute to human, social, cultural,
spiritual and economic advancement and permit the sustainable use of natural
and biological resources; for intergovernmental co-operation and public
consultation in matters concerning protected areas; for the continued existence,
governance and functions of South African National Parks; and for matters in
connection therewith.
ARRANGEMENT OF SECTIONS
CHAPTER 1
INTERPRETATION, OBJECTIVES AND APPLICATION OF ACT
1. Definitions
2 Objectives of this Act
3. State Trustee of protected areas
4. Application of this Act
5. Application of National Environmental Management Act
6. [Application of Biodiversity Act in protected areas]
7. Conflicts with other legislation
8. Status of provincial legislation on provincial and local protected areas
CHAPTER 2
SYSTEM OF PROTECTED AREAS IN SOUTH AFRICA
9. Kinds of protected areas
10. Register of protected areas
11. Norms and standards
12. Provincial protected areas
13. World heritage sites
14. Marine protected areas
15. Specially protected forest areas, forest nature reserves and forest wilderness
areas
16. Mountain catchment areas
CHAPTER 3
DECLARATION OF PROTECTED AREAS
17. Purpose of protected areas
Part 1: Special nature reserves
18. Declaration of special nature reserves
19. Withdrawal of declarations or exclusion of parts of special nature reserves
Part 2: National parks
20. Declaration of national parks
21. Withdrawal of declarations or exclusion of parts of national parks
22. Designation of national parks as wilderness areas
Part 3: Nature reserves
23. Declaration of nature reserves
24. Withdrawal of declarations or exclusion of parts of nature reserves
25. Designation of nature reserves as specific types
26. Designation of nature reserves as wilderness areas
27. Notice to be given to Minister of provincial declarations
Part 4: Protected environments
28. Declaration of protected environments
29. Withdrawal of declarations or exclusion of parts of protected environments
30. Notice to be given to Minister of provincial declarations
Part 5: Consultation process
31. Consultation by Minister
32. Consultation by MECs for environmental affairs
33. Public participation
34. Affected organs of state, communities and beneficiaries
Part 6: General
35. Initiation of declarations
36. Endorsements by Registrar of Deeds
CHAPTER 4
MANAGEMENT OF PROTECTED AREAS
37. Application of this Chapter
Part 1: Management authorities and management plans
38. Management authorities
39. Preparation of management plans
40. Management criteria
41. Management plans
42. Co-management of protected areas
Part 2: Monitoring and supervision
43. Performance indicators
44. Termination of mandates to manage protected areas
Part 3: Access to protected areas
45. Access to special nature reserves
46. Access to national parks, nature reserves and world heritage sites
47. Use of aircraft in special nature reserves, national parks or world heritage sites
Part 4: Restrictions
48. Prospecting and mining activities in protected areas
49. Regulation or restriction of activities in special nature reserves, national parks
and nature reserves
50. Commercial and community activities in national parks, nature reserves and
world heritage sites
51. Regulation or restriction of development and other activities in protected
environments
52. Internal rules
53. Certain rights and entitlements to be respected
CHAPTER 5
SOUTH AFRICAN NATIONAL PARKS
Part 1: Continued existence, functions and powers of South African National
Parks
54. Continued existence
55. Functions
56. General powers
Part 2: Governing board, composition and membership
57. Composition
58. Qualifications
59. Appointment procedure
60. Chairperson
61. Term of office
62. Conditions of appointment
63. Conduct of members
64. Termination of membership
65. Removal from office
66. Filling of vacancies
Part 3: Operating procedures of Board
67. Meetings
68. Procedures
69. Quorum and decisions
70. Committees
71. Delegation of powers and duties
Part 4: Administration of South African National Parks
72. Appointment of the Chief Executive Officer
73. Employment of staff
Part 5: Financial matters
74. Financial accountability
75. Funding
76. Investments
77. National Parks Land Acquisition Fund
Part 6: General
78. Ministers supervisory powers
79. Absence of functional Board
CHAPTER 6
ACQUISITION OF RIGHTS IN OR TO LAND
80. Acquisition of private land by the state
81. Acquisition of private land by South African National Parks
82. Cancellation of servitudes on, or privately held rights in or to, state land
83. Cancellation of servitudes on, or privately held rights in or to, land owned by
South African National Parks
84. Mineral rights
85. Financing
CHAPTER 7
ADMINISTRATION OF ACT
86. Regulations by Minister
87. Regulations by MECs
88. General
89. Extension of time periods
CHAPTER 8
OFFENCES AND PENALTIES
90. Offences
91. Penalties
CHAPTER 9
MISCELLANEOUS
92. Repeal of legislation
93. Savings
94. Existing protected areas
95. Short title and commencement
CHAPTER 1
INTERPETATION, OBJECTIVES AND APPLICATION OF ACT
Definitions
1. (1) In this Act, unless the context indicates that another meaning is
intended
"aircraft" means an airborne craft of any type whatsoever, whether self-propelled or
not, and includes a hovercraft;
"Biodiversity Act" means the National Environmental Management: Biodiversity
Act, 2003;
"biological diversity" or "biodiversity" means the variability among living
organisms from all sources inter alia terrestrial, marine and other aquatic ecosystems
and the ecological complexes of which they are part; this includes
(a) diversity within species;
(b) diversity between species; and
(c) diversity of ecosystems.
"biological resource" means any resource consisting of
(a) a living or dead animal, plant or other organism of an indigenous species;
(b) a derivative of such an animal, plant or other organism, as defined in section 1
of the Biodiversity Act; or
(c) any genetic material of such animal, plant or other organism, as defined in
section 1 of the Biodiversity Act;
"Board" means the Board of South African National Parks referred to in section 57
which governs South African National Parks;
"Chief Executive Officer" means the Chief Executive Officer of South African
National Parks appointed in terms of section 72;
"delegation", in relation to a duty, includes an instruction to perform the duty;
"Department" means the national Department of Environmental Affairs and
Tourism;
"Director-General" means the Director-General of the Department;
"ecological integrity" means the sum of the biological, physical and chemical
components of an ecosystem, and their interactions which maintain the ecosystem and
its products, functions and attributes;
"ecosystem" means a dynamic complex of animal, plant and micro-organism
communities and their non-living environment interacting as a functional unit;
"Gazette", when used in relation to
(a) the Minister, means the Government Gazette; and
(b) the MEC responsible for protected areas in a province, means the Provincial
Gazette of that province;
"habitat", in relation to a specific species, means a place or type of site where such
species naturally occurs;
"indigenous species", in relation to a specific protected area, means a species that
occurs, or has historically occurred, naturally in a free state in nature within that
specific protected area, but excludes a species introduced in that protected area as a
result of human activity;
"local community" means any community of people living or having rights or
interests in a distinct geographical area;
"local protected area" means a nature reserve or protected environment managed by
a municipality or municipal entity;
"management", in relation to a protected area, includes control, protection,
conservation, maintenance and rehabilitation of the protected area with due regard to
the use and extraction of biological resources, community based practices and benefit
sharing activities in the area in a manner consistent with the Biodiversity Act;
"management authority", in relation to a protected area, means the organ of state in
which the authority to manage the protected area is vested;
"marine protected area" means an area declared as a marine protected area in terms
of section 43 of the Marine Living Resources Act, 1998 (Act No.18 of 1998);
"MEC responsible for protected areas" means the member of the Executive
Council of a province in whose portfolio provincial protected areas in the province
fall;
"Minister" means the Cabinet member responsible for national environmental
management;
"municipality" means a municipality established in terms of the Local Government:
Municipal Structures Act, 1998 (Act No. 117 of 1998);
"National Environmental Management Act" means the National Environmental
Management Act, 1998 (Act No. 107 of 1998);
"national environmental management principles" means the principles contained
in section 2 of the National Environmental Management Act;
"national park" means
(a) an area which was a park or contractual park in terms of the National Parks
Act (Act No.57 of 1976), immediately before the repeal of that Act by section
92 (1) of this Act;
(b) an area which was a lake development area in terms of the Lake Areas
Development Act, 1975 (Act No.39 of 1975), immediately before the repeal of
that Act by section 92 (1) of this Act; or
(c) an area declared in terms of section 20 (1) as a national park,
and includes an area declared in terms of section 20 as part of an area referred to in
paragraph (a), (b) or (c) above;
"national protected area" means
(a) a special nature reserve;
(b) a national park; or
(c) a nature reserve or protected environment
(i) managed by a national organ of state; or
(ii) which falls under the jurisdiction of the Minister for any other reason;
"nature reserve" means
(a) an area declared in terms of section 23 (1) as a nature reserve; or
(b) an area which before or after the commencement of this Act was or is declared
or designated in terms of provincial legislation for a purpose for which that
area could in terms of section 23 (2) be declared as a nature reserve,
and includes an area declared in terms of section 23 (1) as part of an area referred to
in paragraph (a) or (b) above;
"organ of state" has the meaning assigned to it in section 239 of the Constitution;
"prescribe" means prescribe by the Minister by regulation in terms of section 86;
"protected area" means any of the protected areas referred to in section 9, but where
this expression is used in a provision of this Act which in terms of section 13 (2), 14
(2), !5 (2) or 16 (2) does not apply to a protected area of a particular kind, it excludes
in that provision an area of that particular kind;
"protected environment" means
(a) an area declared in terms of section 28 (1) as a protected environment; or
(b) an area which before or after the commencement of this Act was or is declared
or designated in terms of provincial legislation for a purpose for which that
area could in terms of section 28 (2) be declared as a protected environment,
and includes an area declared in terms of section 28 (1) as part of an area referred to
in paragraph (a) or (b) above;
"provincial protected area" means a nature reserve or protected environment
(a) managed by a provincial organ of state; or
(b) which falls under the jurisdiction of a province for any other reason;
"Public Finance Management Act" means the Public Finance Management Act,
1999 (Act No. 1 of 1999);
"special nature reserve" means
(a) an area which was a special nature reserve in terms of the National
Conservation Act (Act No.73 of 1989), immediately before the repeal of
section 18 of that Act by section 92 (1) of this Act; or
(b) an area declared in terms of section 18 as a special nature reserve,
and includes an area declared in terms of section 18 as part of an area referred to in
paragraph (a) or (b) above;
"species" means a kind of animal, plant or other organism, including any sub-
species, cultivar, variety, geographic race, strain, hybrid or geographically separate
population;
"subordinate legislation", in relation to this Act, means
(a) any regulation made in terms of section 86 or 87; or
(b) any notice published in terms of section 11, 18, 20, 21 (2), 22, 23, 24 (2), 25,
26, 28, 29 or 51;
"this Act" includes any subordinate legislation issued in terms of a provision of the
Act;
"wilderness area" means an area designated in terms of section 22 or 26 for the
purpose of retaining an intrinsically wild appearance and character, or capable of
being restored to such and which is undeveloped and roadless, without permanent
improvements or human habitation.
" world heritage site" means a world heritage site in terms of the World Heritage
Convention Act, 1999 (Act No. 49 of 1999).
(2) In this Act, words or expressions derived from words or expressions
defined in subsection (1) have corresponding meanings unless the context indicates
that another meaning is intended.
Objectives of this Act
2. The objectives of this Act are
(a) to provide, within the framework of national legislation, including the
National Environmental Management Act, for the declaration and
management of protected areas;
(b) to provide for co-operative governance in the declaration and management of
protected areas;
(c) to effect a national system of protected areas in South Africa as part of a
strategy to manage and conserve its biodiversity;
(d) to provide for a representative network of protected areas on state land, private
land and communal land; and
(e) to provide for the continued existence of South African National Parks.
State trustee of protected areas
3. In fulfilling the rights contained in section 24 of the Constitution, the state
through the organs of state implementing legislation applicable to protected areas,
must
(a) act as the trustee of protected areas in the Republic; and
(b) implement this Act in partnership with the people to achieve the progressive
realisation of those rights.
Application of this Act
4. (1) This Act applies in the Republic, including
(a) its territorial waters, exclusive economic zone and continental shelf as
described in the Maritime Zones Act, 1994 (Act No. 15 of 1994); and
(b) the Prince Edward Islands referred to in the Prince Edward Islands Act, 1948
(Act No. 43 of 1948).
(2) This Act
(a) applies to all protected areas in the Republic to the extent stated in the Act;
and
(b) binds all organs of state
(i) in the national and local spheres of government; and
(ii) in the provincial sphere of government, subject to section 146 of the
Constitution.
Application of National Environmental Management Act
5. (1) This Act must
(a) be interpreted and applied in accordance with the national environmental
management principles; and
(b) be read with the applicable provisions of the National Environmental
Management Act.
(2) Chapter 4 of the National Environmental Management Act applies to
the resolution of conflicts arising from the implementation of this Act.
[Application of Biodiversity Act in protected areas
6. The Biodiversity Act applies in all protected areas.]
Conflicts with other legislation
7. (1) In the event of any conflict between a section of this Act and
(a) other national legislation, the section of this Act prevails if the conflict
specifically concerns the management or development of protected areas;
(b) provincial legislation, the conflict must be resolved in terms of section 146 of
the Constitution; and
(c) a municipal by-law, the section of this Act prevails.
(2) In the event of any conflict between subordinate legislation issued in
terms of this Act and
(a) an Act of Parliament, the Act of Parliament prevails;
(b) provincial legislation, the conflict must be resolved in terms of section 146 of
the Constitution; and
(c) a municipal by-law, the subordinate legislation issued in terms of this Act
prevails.
(3) For the proper application of subsection (2) (b) the Minister must in
terms of section 146 (6) of the Constitution submit all subordinate legislation issued
in terms of this Act and which affects provinces, to the National Council of Provinces
for approval.
Status of provincial legislation on provincial and local protected areas
8. This Act does not affect the implementation of provincial legislation
regulating matters with regard to provincial or local protected areas to the extent that
such legislation
(a) regulates matters not covered by this Act;
(b) is consistent with this Act; or
(c) prevails over this Act in terms of section 146 of the Constitution.
CHAPTER 2
SYSTEM OF PROTECTED AREAS IN SOUTH AFRICA
Kinds of protected areas
9. The system of protected areas in South Africa consists of the following kinds
of protected areas:
(a) special nature reserves, national parks, nature reserves and protected
environments;
(b) world heritage sites;
(c) marine protected areas;
(d) specially protected forest areas, forest nature reserves and forest wilderness
areas declared in terms of the National Forests Act, 1998 (Act No. 84 of
1998); and
(e) mountain catchment areas declared in terms of the Mountain Catchment Areas
Act,1970 (Act No. 63 of 1970).
Register of Protected Areas
10. (1) The Minister must maintain a register called the Register of Protected
Areas.
(2) The Register must
(a) be a list of all protected areas in South Africa, referred to in section 9;
(b) indicate the kind of protected area in each case; and
(c) contain any other information determined by the Minister.
(3) For the purposes of subsection (2) (b) a protected area declared in
terms of provincial legislation must be included in the Register as a nature reserve or
protected environment depending on the purpose for which it was declared.
(4) The Cabinet member responsible for the administration of the National
Forests Act, 1998 (Act No. 84 of 1998), and the MEC responsible for protected areas
in a province must notify the Minister of all areas declared as protected areas in
terms of that Act or provincial legislation, as the case may be.
Norms and standards
11. (1) The Minister may by notice in the Gazette
(a) issue norms and standards for the achievement of any of the objectives of this
Act, including for the management and development of protected areas
referred to in section 9 (a), (b) and (c);
(b) set indicators to measure compliance with those norms and standards; and
(c) require the management authorities of those protected areas to report on these
indicators to the Minister.
(2) Before issuing norms and standards and setting indicators for
provincial or local protected areas, the Minister must consult
(a) the MEC responsible for protected areas in each province in which those
norms and standards will apply; and
(b) organised local government.
(3) Norms and standards may apply
(a) nationwide;
(b) in a specific protected area only;
(c) to a specific management authority or category of management authorities
only.
(4) Different norms and standards may be issued for
(a) different areas; or
(b) different management authorities or categories of management authorities.
(5) The Minister may in terms of section 86, make regulations necessary
for
(a) monitoring compliance with the norms and standards; and
(b) enforcing the norms and standards.
Provincial protected areas
12. A protected area which immediately before this section took effect was
reserved or protected in terms of provincial legislation for any purpose for which an
area could in terms of this Act be declared as a nature reserve or protected
environment, must be regarded to be a nature reserve or protected environment for the
purpose of this Act.
World heritage sites
13. (1) An area declared as a world heritage site in terms of the World
Heritage Convention Act, 1999 (Act No. 49 of 1999), must, irrespective of whether
that world heritage site includes a protected area of another kind, be managed and
regulated in terms of that Act, subject to subsection (2) of this section.
(2) Chapter 1 and this Chapter apply to world heritage sites. The other
provisions of this Act do not apply to world heritage sites except where expressly or
by necessary implication provided otherwise.
Marine protected areas
14. (1) An area declared as a marine protected area in terms of section 43 of
the Marine Living Resources Act (Act No.18 of 1998), must be managed and
regulated in terms of that Act, subject to subsection (2) of this section.
(2) Chapter 1, this Chapter and section 48 apply to marine protected areas.
The other provisions of this Act do not apply to marine protected areas, but if a
marine protected area has been included in a special nature reserve, national park or
nature reserve, such area must be managed and regulated as part of the special nature
reserve, national park or nature reserve in terms of this Act.
Specially protected forest areas, forest nature reserves and forest wilderness
areas
15. (1) An area declared as a specially protected forest area, forest nature
reserve or forest wilderness area in terms of section 8 of the National Forests Act,
1998 (Act No. 84 of 1998), must be managed and regulated in terms of that Act,
subject to subsection (2) of this section.
(2) Chapter 1, this Chapter and section 48 apply to specially protected
forest areas, forest nature reserves or forest wilderness areas. The other provisions of
this Act do not apply to specially protected forest areas, forest nature reserves or
forest wilderness areas, but if any such area has been declared as or included in a
special nature reserve, national park or nature reserve, such area must be managed as,
or as part of, the special nature reserve, national park or nature reserve in terms of this
Act in accordance with an agreement with the Cabinet member responsible for
forestry.
Mountain catchment areas
16. (1) Areas declared as mountain catchment areas in terms of the Mountain
Catchment Areas Act,1970 (Act No. 63 of 1970), must be managed and regulated in
terms of that Act.
(2) Only Chapter 1 and this Chapter apply to mountain catchment areas.
CHAPTER 3
DECLARATION OF PROTECTED AREAS
Purposes of protected areas
17. The purposes of the declaration of areas as protected areas are
(a) to adequately protect ecologically viable areas representative of South Africas
biological diversity and its natural landscapes and seascapes in a system of
protected areas;
(b) to preserve the ecological integrity of those areas;
(c) to conserve biodiversity in those areas;
(d) to adequately protect representatives of all ecosystems, habitats and species
naturally occurring in South Africa;
(e) to protect South Africas threatened or rare species;
(f) to protect an area which is vulnerable or ecologically sensitive;
(g) to assist in ensuring the sustained supply of environmental goods and services;
(h) to provide for the sustainable use of natural and biological resources;
(i) to create or augment destinations for nature based tourism;
(j) to manage the interrelationship between natural environmental biodiversity,
human settlement and economic development; or
(k) generally to contribute to human, social, cultural, spiritual and economic
development.
Part 1: Special nature reserves
Declaration of special nature reserves
18. (1) The Minister may by notice in the Gazette
(a) declare an area specified in the notice
(i) as a special nature reserve; or
(ii) as part of an existing special nature reserve; and
(b) assign a name to such special nature reserve.
(2) The purpose for declaring an area as a special nature reserve or as part
of an existing special nature reserve must be
(a) to protect highly sensitive, outstanding ecosystems, species, geological or
physical features in the area; and
(b) to make the area primarily available for scientific research or environmental
monitoring.
(3) Only the following land may be declared in terms of subsection (1) as
a special nature reserve or as part of an existing special nature reserve:
(a) land owned by the state or an organ of state;
(b) land under the exclusive management of the state or an organ of state; or
(c) land owned by a private person who has consented to the declaration by way
of a written agreement with the Minister.
Withdrawal of declarations or exclusion of parts of special nature reserves
19. (1) The declaration of an area as a special nature reserve, or as part of an
existing special nature reserve, may not be withdrawn and no part of a special nature
reserve may be excluded from the reserve except by resolution of the National
Assembly.
(2) An area which was a special nature reserve when this section took
effect must for the purpose of this section be assumed as having been declared in
terms of section 18.
Part 2: National parks
Declaration of national parks
20. (1) The Minister may by notice in the Gazette
(a) declare an area specified in the notice
(i) as a national park; or
(ii) as part of an existing national park; and
(b) assign a name to the national park.
(2) The purpose for declaring an area as a national park or as part of an
existing national park must be
(a) to protect
(i) the area if the area is of national or international biodiversity
importance or is or contains a viable, representative sample of South
Africas natural systems, scenic areas or cultural heritage sites; or
(ii) the ecological integrity of one or more ecosystems in the area;
(b) to prevent exploitation or occupation inconsistent with the protection of the
ecological integrity of the area;
(c) to provide spiritual, scientific, educational, recreational and tourism
opportunities which are environmentally compatible; and
(d) to contribute to economic development.
(3) Only the following land may be declared in terms of subsection (1) as
a national park or as part of an existing national park:
(a) land owned by the state or an organ of state;
(b) land under the exclusive management of the state or an organ of state; or
(c) land owned by a private person or community who has consented to the
declaration by way of a written agreement with the Minister or South African
National Parks.
(4) The Minister must notify the MEC responsible for protected areas in
the relevant province of any declaration of an area in terms of subsection (1).
Withdrawal of declarations or exclusion of parts of national parks
21. (1) The declaration of an area as a national park or as part of an existing
national park, may not be withdrawn, and no part of a national park may be excluded
from the park, except
(a) by resolution of the National Assembly; or
(b) in terms of subsection (2).
(2) If the Minister, or the other party to an agreement, withdraws from an
agreement referred to in section 20 (3) (c), the Minister must by notice in the
Gazette
(a) withdraw the declaration of the private land which is the subject of the
agreement as a national park or part of an existing national park; or
(b) exclude that land from a national park.
(3) An area which was a national park when this section took effect must
for the purpose of this section be assumed as having been declared in terms of section
20.
Designation of national parks as wilderness areas
22. (1) The Minister may by notice in the Gazette designate any national park,
or part of a national park, as a wilderness area.
(2) The purpose of designating a wilderness area is
(a) for the protection and maintenance of the natural character of the environment,
biodiversity, and associated natural and cultural resources;
(b) to provide outstanding opportunities for solitude;
(c) to strictly control access, which will be by non-mechanized means only
(3) Before designating a national park or part of a park as a wilderness
area, the Minister must consult the management authority of the park.
Part 3: Nature reserves
Declaration of nature reserves
23. (1) The Minister or the MEC responsible for protected areas in a province
may by notice in the Gazette
(a) declare an area specified in the notice
(i) as a nature reserve; or
(ii) as part of an existing nature reserve;
(b) determine the type of the area in accordance with section 25, if the Minister or
MEC chooses to designate the area as a specific type of nature reserve; and
(c) assign a name to the nature reserve.
(2) The purpose for declaring an area as a nature reserve or as part of an
existing nature reserve must be either
(a) to supplement the system of national parks in South Africa;
(b) to protect the area if the area
(i) has significant natural features or biodiversity;
(ii) has a site of scientific, cultural, historical or archaeological interest; or
(iii) is in need of long term protection for the maintenance of its
biodiversity;
(c) to provide for a sustainable flow of natural products and services to meet the
needs of a local community;
(d) to enable a variety of traditional consumptive uses which are sustainable; or
(e) to provide for nature based recreation and tourism opportunities.
(3) Only the following land may be declared in terms of subsection (1) as
a nature reserve or as part of an existing nature reserve:
(a) land owned by the state or an organ of state;
(b) land under the management of the state or an organ of state; or
(c) land owned by a private person or community who has consented to the
declaration by way of a written agreement with the Minister or the MEC
responsible for protected areas in the relevant province.
(4) No area which is or forms part of a special nature reserve or national
park may be declared as a nature reserve or as part of an existing nature reserve.
Withdrawal of declarations or exclusion of parts of nature reserves
24. (1) The declaration of an area as a nature reserve or as part of an existing
nature reserve, may not be withdrawn, and no part of a nature reserve may be
excluded from the reserve, except
(a) in the case of a declaration by the Minister
(i) by resolution of the National Assembly; or
(ii) in terms of subsection (2); and
(b) in the case of a declaration by an MEC responsible for protected areas
(i) by resolution of the legislature of the relevant province; or
(ii) in terms of subsection (2).
(2) If the Minister or MEC, or the other party to an agreement, withdraws
from an agreement referred to in section 23 (3) (c), the Minister or MEC must by
notice in the Gazette
(a) withdraw the declaration of the private land which is the subject of the
agreement as a nature reserve or part of an existing nature reserve; or
(b) exclude that land from a nature reserve.
(3) All nature reserves must for the purpose of this section be assumed as
having been declared in terms of section 23.
Designation of nature reserves as specific types
25. (1) The Minister may, by notice in the Gazette, designate a nature reserve
declared by the Minister in terms of section 23 or managed by a national organ of
state, as a specific type of nature reserve determined by the Minister in accordance
with a uniform system of types as may be prescribed.
(2) The MEC responsible for protected areas in a province may, by notice
in the Gazette, designate a nature reserve declared by the MEC in terms of section 23
or managed by a provincial or local organ of state, as a specific type of nature reserve
determined by the MEC in accordance with a uniform system of types as may be
prescribed.
(3) Before designating a nature reserve as a specific type of nature reserve,
the Minister or MEC must consult the management authority of the reserve, except
when the reserve is designated at the time of declaration of the reserve in terms of
section 23.
Designation of nature reserves as wilderness areas
26. (1) The Minister may, by notice in the Gazette, designate a nature reserve
declared by the Minister in terms of section 23 or managed by a national organ of
state, or a part of such a reserve, as a wilderness area.
(2) The MEC responsible for protected areas in a province may, by notice
in the Gazette, designate a nature reserve in the province declared by the MEC in
terms of section 23 or managed by a provincial or local organ of state, or a part of
such a reserve, as a wilderness area.
(3) The purpose of designating a wilderness area is
(a) for the protection and maintenance of the natural character of the environment,
biodiversity, and associated natural and cultural resources;
(b) to provide outstanding opportunities for solitude;
(c) to strictly control access, which will be by non-mechanized means only
(4) Before designating a nature reserve or part of nature reserve as a
wilderness area, the Minister or MEC must consult the management authority of the
nature reserve.
Notice to be given to Minister of provincial declarations
27. An MEC responsible for protected areas must promptly forward to the
Minister a copy of each notice issued by the MEC in terms of section 23, 24, 25 or
26.
Part 4: Protected environments
Declaration of protected environments
28. (1) The Minister or the MEC responsible for protected areas in a province
may by notice in the Gazette
(a) declare any area specified in the notice
(i) as a protected environment; or
(ii) as part of an existing protected environment; and
(b) assign a name to the protected environment.
(2) The purpose for declaring an area as a protected environment or as part
of an existing protected environment must be either
(a) to regulate the area as a buffer zone for the protection of a special nature
reserve, national park, world heritage site or nature reserve;
(b) to enable owners of land to take collective action to conserve biodiversity on
their land and to seek legal recognition therefore;
(c) to protect the area if the area is sensitive to development
(i) due to its biological diversity;
(ii) due to its natural characteristics;
(iii) due to its scientific, cultural, historical or archeological value; or
(iv) due to its scenic value;
(d) to protect a specific ecosystem outside of a special nature reserve, national
park, world heritage site or nature reserve;
(e) to ensure that the use of natural resources in the area is sustainable; or
(f) to control transformation or change in land use in the area if the area is
earmarked for declaration as or inclusion in a national park or nature reserve.
(3) Only the following land may be declared in terms of subsection (1) as
a protected environment or as part of an existing protected environment:
(a) land owned by the state or an organ of state;
(b) land under the exclusive management of the state or an organ of state; or
(c) land owned by a private person or community after the Minister or the MEC
responsible for protected areas in the province has given that person or
community notice in writing in terms of section 33.
(4) No area which is or forms part of a special nature reserve, national
park or nature reserve may be declared as a protected environment or as part of an
existing protected environment.
(5) The declaration of an area referred to in subsection (2) (f) as a
protected environment, lapses at the expiry of three years from the date of publication
of the notice in terms of subsection (1), but the Minister or the MEC responsible for
protected areas in the province may by notice in the Gazette extend that period for not
more than one year.
(6) An area ceases to be a protected environment if that area is declared as
or included into a national park or nature reserve.
Withdrawal of declarations or exclusion of parts of protected environments
29. (1) The Minister or the MEC responsible for protected areas in the
relevant province, as may be appropriate, may by notice in the Gazette
(a) withdraw the declaration of an area in terms of section 28 as a protected
environment or as part of an existing protected environment; or
(b) exclude any part of a protected environment from the area.
(2) All protected environments must for the purpose of subsection (1) be
assumed as having been declared in terms of section 28.
Notice to be given to Minister of provincial declarations
30. An MEC responsible for protected areas must promptly forward to the
Minister a copy of each notice issued by the MEC in terms of section 28 or 29.
Part 5: Consultation process
Consultation by Minister
31. (1) Before publishing a notice in terms of section 18 (1), 20 (1), 23 (1), 28
(1) or 29 (1), the Minister must follow a consultative process as may be appropriate
in the circumstances, subject to section 34.
(2) The Minister must, as may be appropriate in terms of subsection (1)
(a) consult all national organs of state affected by the proposed notice;
(b) in accordance with the principles of co-operative government as set out in
Chapter 3 of the Constitution, consult
(i) the MEC responsible for protected areas in the province concerned;
and
(ii) the municipality or municipalities in which the area concerned is
situated; and
(c) follow a process of public participation in accordance with section 33.
Consultation by MECs responsible for protected areas
32. (1) Before publishing a notice in terms of section 23 (1), 28 (1) or 29
(1), an MEC responsible for protected areas must follow a consultative process as
may be appropriate in the circumstances, subject to section 34.
(2) The MEC must, as may be appropriate in terms of subsection (1)
(a) consult in accordance with the principles of co-operative government as set
out in Chapter 3 of the Constitution
(i) the Minister and other national organs of state affected by the proposed
notice; and
(ii) the municipality or municipalities in which the area concerned is
situated;
(b) consult all provincial organs of state affected by any proposed notice; and
(c) follow a process of public participation in accordance with section 33.
Public participation
33. (1) The Minister or an MEC responsible for protected areas must
(a) announce the intention to publish the proposed notice referred to in section 31
(1) or 32 (1), by placing advertisements in the Gazette and in at least two
newspaper distributed in the area in which the affected area is situated; and
(b) if it is proposed to declare any private land as a protected environment
(i) send a copy of the proposed notice by registered post to the last
known postal address of each owner of land within the area to be
declared, as well as to each holder of rights to or on such land; or
(ii) affix a copy of such notice to the entrance of each piece of land within
that area.
(2) Such an advertisement must
(a) invite members of the public, including owners and rights holders referred to
in subsection (1) (b), to submit to the Minister or MEC written representations
on or objections to the proposed notice within 60 days from the date of
publication of the advertisement in the Gazette; and
(b) contain sufficient information to enable members of the public to submit
meaningful representations or objections, and must include a clear indication
of the area that will be affected by the declaration.
(3) The Minister or MEC may in appropriate circumstances allow any
interested person or local community to present oral representations or objections to
the Minister or the MEC, or to a person designated by the Minister or MEC. This
subsection must be applied where the proposed notice will affect the rights or
interests of a local community.
(4) The Minister or MEC must give due consideration to all
representations or objections received or presented before publishing the relevant
notice.
Affected organs of state, communities and beneficiaries
34. (1) If it is proposed to declare an area in terms of section 18 (1) or 20 (1)
as a specially protected nature reserve or national park, or as part of an existing
specially protected nature reserve or national park, and that area consists of or
includes
(a) land owned by the state and administered by the national, a provincial
executive, or an organ of state, the Minister may declare that area only
(i) with the concurrence of the Cabinet member responsible for the
administration of that land, if that land is administered by the national
executive; or
(ii) after consultation with the MEC responsible for the administration of
that land, if that land is administered by a provincial executive;
(b) land which is held in trust by the state or an organ of state for a community or
other beneficiary, the Minister may declare that area only with the concurrence
of the trustee.
(2) If it is proposed to declare an area in terms of section 23 (1) or 28 (1)
as a nature reserve or a protected environment, or as part of an existing nature reserve
or protected environment, and that area consists of or includes
(a) land owned by the state and administered by the national, a provincial
executive, or an organ of state, the Minister or the MEC responsible for
protected areas in the relevant province may declare that area only with the
concurrence of the Cabinet member or MEC responsible for the
administration of that land;
(b) land which is held in trust by the state or an organ of state for a community or
other beneficiary, the Minister or the MEC may declare that area only with the
concurrence of the trustee.
Part 6: General
Initiation of declarations
35. (1) The declaration of private land as a special nature reserve, national
park, nature reserve or protected environment, or as part of an existing special nature
reserve, national park, nature reserve or protected environment, may be initiated either
by the Minister, the MEC responsible for protected areas in the province or the
owners of that land acting individually or collectively.
(2) Any request received by the Minister or an MEC from the owners of
private land for their land to be declared must be considered by the Minister or MEC.
Endorsements by Registrar of Deeds
36. (1) The Minister or the MEC responsible for protected areas in the
province, as may be appropriate, must in writing notify the Registrar of Deeds
whenever an area is declared as a special nature reserve, national park, nature reserve
or protected environment, or as part of an existing special nature reserve, national
park, nature reserve or protected environment, or in respect of which a declaration has
been withdrawn or altered.
(2) The notification must include a description of the land involved.
(3) On receipt of the notification, the Registrar of Deeds must make note
of such declaration or withdrawal or alteration in the registers in terms of section 3 (1)
(w) of the Deeds Registries Act, 1937 (Act No. 47 of 1937).
CHAPTER 4
MANAGEMENT OF PROTECTED AREAS
Application of this Chapter
37. Except where expressly stated otherwise in this Chapter, a provision of this
Chapter only applies to a protected area which is a special nature reserve, national
park or nature reserve, and the expressions "protected area", "national protected area",
"provincial protected area" and "local protected area" must be construed accordingly.
Part 1: Management authorities and management plans
Management authorities
38. (1) The Minister must assign, in writing, the management of a national
protected area to an organ of state or any other institution. The Minister must assign
the management of a protected area which is a national park to
(a) South African National Parks; or
(b) another organ of state provided that it manages the national park in accordance
with the prescripts set by the Minister.
(2) The MEC responsible for protected areas in a province must assign, in
writing, the management of a provincial protected area in the province to an organ of
state.
(3) The organ of state or other institution to whom the management of a
protected area has been assigned in terms of subsection (1) or (2) is the management
authority of the area for the purposes of this Act.
Preparation of management plans
39. (1) The Minister or the MEC responsible for protected areas in a province
may make an assignment in terms of section 38 (1) or (2) only
(a) with the concurrence of the prospective management authority; and
(b) upon approval by the Minister or the MEC of a management plan for the
protected area prepared and submitted by the prospective management
authority within 12 months.
(2) When preparing a management plan for a protected area, the
prospective management authority must consult municipalities and other organs of
state and affected parties which have an interest in the area.
(3) A management plan must take into account any applicable aspects of
the integrated development plan of the municipality in which the protected area is
situated.
Management criteria
40. (1) The management authority of a protected area must manage the area
(a) exclusively for the purpose for which it was declared; and
(b) in accordance with
(i) the management plan for the area;
(ii) this Act, the Biodiversity Act, the National Environmental
Management Act and any other applicable national legislation; and
(iii) any applicable provincial legislation, in the case of a provincial
protected area; and
(iv) any applicable municipal by-laws, in the case of a local protected area.
(2) The management authority of a national or provincial protected area
may amend the management plan by agreement with the Minister or the MEC
responsible for protected areas in the province, as may be appropriate.
Management plans
41. (1) The object of a management plan is to ensure the protection,
conservation and management of the protected area concerned in a manner which is
consistent with the objectives of this Act and for the purpose it was declared.
(2) A management plan must contain at least
(a) a co-ordinated policy framework;
(b) such planning measures, controls and performance criteria as may be
prescribed;
(c) a programme for the implementation of the plan and its costing; and
(d) procedures for public participation.
(3) Management plans may include subsidiary plans, and the Minister or
MEC may approve the management plan or any subsidiary plan in whole or in part.
Co-management of protected areas
42. (1) The management authority managing a protected area may enter into
an agreement with another organ of state, a local community, an individual or other
party for
(a) the co-management of the area by the parties; or
(b) the regulation of human activities that affect the environment in the area,
provided that co-management does not lead to fragmentation or duplication of
management functions.
(2) A co-management agreement may provide for
(a) the delegation of powers by or to the management authority to or from the
other party to the agreement;
(b) the apportionment of any income generated from the management of the
protected area or other form of benefit sharing between the parties or other
form of benefit sharing between the parties;
(c) the collection, catching or use of biological resources in the area, subject to the
applicable provisions of the Biodiversity Act;
(d) access to sites of cultural or religious significance in the area;
(e) occupation of the protected area or portions thereof; and
(f) any other relevant matter.
(3) A co-management agreement must
(a) provide for the harmonisation and integration of the management of cultural
heritage resources in the protected area by the management authority; and
(b) be consistent with the other provisions of this Act.
(4) The Minister or the MEC responsible for protected areas in the
province, as may be appropriate, may cancel a co-management agreement after giving
reasonable notice to the parties if the agreement is proven not effective or is inhibiting
the attainment of any of the management objectives of the protected area.
Part 2: Monitoring and supervision
Performance indicators
43. (1) The Minister may establish indicators for monitoring performance with
regard to the management of national protected areas and the conservation of
biodiversity in those areas.
(2) The MEC responsible for protected areas in a province may establish
indicators for monitoring performance with regard to the management of provincial
and local protected areas and the conservation of biodiversity in those areas.
(3) The management authority of a protected area must
(a) monitor the area against indicators set in terms of subsection (1) or (2); and
(b) report on its findings to the Minister or MEC or a person designated by the
Minister or MEC annually.
(4) The Minister or MEC may appoint external auditors to monitor a
management authoritys compliance with the overall objectives of the management
plan.
Termination of mandates to manage protected areas
44. (1) If the management authority of a protected area is not fulfilling its
duties in terms of the management plan for the area, or is under-performing with
regard to the management of the area, including the biodiversity of the area, the
Minister or the MEC responsible for protected areas in the province, as may be
appropriate, must
(a) notify the management authority in writing of the failure to fulfill its duties or
of the under-performance; and
(b) direct the management authority to take within a specified time corrective
steps set out in the notice.
(2) If the management authority of a national or provincial protected area
fails to take the required steps, the Minister or MEC may
(a) terminate that management authoritys mandate to manage the protected area;
and
(b) assign another organ of state as the management authority of the area.
(3) The Minister implements this section in relation to national protected
areas and the MEC implements this section in relation to provincial and local
protected areas.
Part 3: Access to protected areas
Access to special nature reserves
45. (1) No person may
(a) enter a special nature reserve;
(b) reside in a special nature reserve; or
(c) perform any activity in a special nature reserve.
(2) Subsection (1) does not apply to
(a) an official of the Department or another organ of state designated by the
Minister in writing to monitor
(i) the state of conservation of the reserve or any biodiversity in the
reserve; or
(ii) the implementation of the management plan and this Act;
(b) any police, customs or excise officer entering the area in the execution of
official duties; or
(c) a person acting in terms of an exemption granted in terms of subsection (3).
(3) The management authority of a special nature reserve may, in writing
and on conditions determined by it after consulting the Minister, grant exemption
from a provision of subsection (1) to
(a) a scientist to perform scientific work;
(b) a person to perform an activity related to the conservation of the reserve or any
biodiversity in the reserve;
(c) an official of the management authority to perform official duties; or
(d) an official of an organ of state to perform official duties.
Access to national parks, nature reserves and world heritage sites
46. (1) Despite any other legislation, no person may without the written
permission of the management authority of a national park, nature reserve or world
heritage site
(a) enter the park, reserve or site; or
(b) reside in the park, reserve or site.
(2) Subsection (1) does not apply to
(a) an official of the Department or of another organ of state designated by the
Minister, or, in the case of a provincial or local nature reserve, a person
designated the MEC responsible for protected areas in the relevant province,
to monitor
(i) the state of conservation of the park, reserve or site or any biodiversity
in the park, reserve or site; or
(ii) the implementation of the management plan and this Act;
(b) an official of the management authority to perform official duties in the park,
reserve or site;
(c) any police, customs or excise officer entering the park, reserve or site in the
execution of official duties;
(d) the holder of a vested right to enter the park, reserve or site, or
(e) a person traveling through the park, reserve or site by railway insofar as that
person stay on the train or within the precincts of any railway station.
(3) If the management authority of a park, reserve or site refuses
permission to an official of an organ of state to enter the park, reserve or site, for the
performance of official duties, the Minister may
(a) reconsider the matter; and
(b) either confirm the refusal or grant the permission.
Use of aircraft in special nature reserves, national parks or world heritage sites
47. (1) A special nature reserve, national park or world heritage site includes
the air space above the reserve, park or site to a level of 1500 feet above ground level.
(2) No person may land or take off in an aircraft in a special Monday, June
16, 2003Wednesday, May 28, 2003Wednesday, March 26, 2003nature reserve,
national park or world heritage site, except
(a) on or from a landing field designated by the management authority of that
special nature reserve, national park or world heritage site; and
(b) with the permission of, and on conditions determined by, the management
authority.
(3) No person may fly over a special nature reserve, national park or world
heritage site at an altitude of less than 1500 feet, except as may be necessary for the
purpose of subsection (2).
(4) Subsections (2) and (3) do not apply
(a) in an emergency; or
(b) to a person acting on the instructions of the authority of the management
authority.
(5) The Minister, acting with the concurrence of the Cabinet member
responsible for civil aviation, may prescribe other reasonable restrictions on flying
over protected areas.
Part 4: Restrictions
Prospecting and mining activities in protected areas
48. (1) Despite other legislation, no person may conduct commercial
prospecting or mining activities
(a) in a special nature reserve, national park or nature reserve;
(b) in a protected environment without the written permission of the Minister and
the Cabinet member responsible for minerals and energy affairs; or
(c) in a protected area referred to in section 9 (b), (c) or (d).
(2) Subsection (1) does not affect mining activities which were lawfully
conducted immediately before this section took effect.
Regulation or restriction of activities in special nature reserves, national parks
and nature reserves
49. Activities in special nature reserves, national parks and nature reserves are
regulated or restricted to the extent prescribed by
(a) regulations made in terms of section 86;
(b) regulations made in terms of section 87, in the case of provincial and local
nature reserves;
(c) by-laws made by the relevant municipality, in the case of local nature
reserves; and
(d) internal rules made by the managing authority of the area in terms of section
52.
Commercial and community activities in national parks, nature reserves and
world heritage sites
50. (1) The management authority of a national park, nature reserve or world
heritage site may, despite any regulation or by-law referred to in section 49 but
subject to the management plan of the park, reserve or site
(a) carry out or allow
(i) a commercial activity in the park, reserve or site; or
(ii) an activity in the park, reserve or site aimed at raising revenue;
(b) enter into a written agreement with a local community inside or adjacent to the
park, reserve or site to allow members of the community to harvest in a
sustainable manner biological resources in the park, reserve or site; and
(c) set norms and standards for any activity allowed in terms of paragraph (a) or
(b).
(2) An activity allowed in terms of subsection (1) (a) or (b) may not
negatively affect the survival of any species in or significantly disrupt the integrity of
the ecological systems of the national park, nature reserve or world heritage site.
(3) The management authority of the national park, nature reserve or
world heritage site must establish systems to monitor
(a) the impact on the park, reserve or site and its biodiversity of activities allowed
in terms of subsection (1) (a) or (b); and
(b) compliance with
(i) any norms and standards set in terms of subsection (1) (c); and
(ii) any agreement entered into in terms of subsection (1) (b).
(4) An activity referred to in subsection (1) (a) or (b) must be regarded as
having been approved in terms of this section if that activity was lawfully being
carried out on the date immediately before
(a) this section took effect; or
(b) the declaration of the area as a national park, nature reserve or world heritage
site or as part of an existing national park, nature reserve or world heritage
site.
(5) No development, construction or farming may be permitted in a
national park, nature reserve or world heritage site without the prior, written approval
of the management authority.
Regulation or restriction of development and other activities in protected
environments
51. The Minister or the MEC responsible for protected areas in a province may, by
notice in the Gazette, restrict or regulate in a protected environment under the
jurisdiction of the Minister or the MEC
(a) development that may be inappropriate for the area given the purpose for
which the area was declared; and
(b) the carrying out of other activities that may impede such purpose.
Internal rules
52. (1) The management authority of a national park, nature reserve or world
heritage site may, in accordance with any prescribed norms and standards, make rules
for the proper administration of the area.
(2) Rules made in terms of subsection (1)
(a) must be consistent with this Act and the management plan for the area;
(b) bind all persons in the area, including visitors; and
(c) may, as a condition for entry, provide for the imposition of fines for breaches
of the rules.
Certain rights and entitlements to be respected
53. (1) Sections 45, 46, 49, 50, 51 or 52 may not be applied in a manner that
would obstruct
(a) the resolution of issues relating to land rights dealt with in terms of the
Restitution of Land Rights Act, 1994 (Act No 22 of 1994), and on the basis
that a protected area should be retained in its original state in order to achieve
the effective conservation of the area having regard to economic sustainability
and holistic and coherent management by the management authority; and
(b) the provision of essential services and the acquisition of servitudes for that
purpose.
(2) A person may exercise a right that that person may have to water in a
public stream in a protected area, but subject to such conditions as may be prescribed
by the Minister with the concurrence of the Cabinet member responsible for water
affairs.
CHAPTER 5
SOUTH AFRICAN NATIONAL PARKS
Part 1: Continued existence, functions and powers of South African National
Parks
Continued existence
54. (1) South African National Parks established by section 5 of the National
Parks Act, 1976 (Act No. 57 of 1976), continues to exist as a juristic person despite
the repeal of that Act by section 92 of this Act.
(2) As from the repeal of the National Parks Act, 1976, South African
National Parks functions in terms of this Act.
Functions
55. (1) South African National Parks must
(a) manage in accordance with this Act the national parks and other protected
areas assigned to it in terms of Chapter 4 and section 94;
(b) protect, conserve and control those national parks and other protected areas,
including the biological diversity in the parks and other protected areas; and
(c) on the Ministers request, advise the Minister on any matter concerning
(i) the conservation and management of biodiversity as may be required
from time to time; and
(ii) new national parks and additions to or exclusions from existing
national parks; and
(d) on the Ministers request, act as the provisional managing authority of
protected areas under investigation in terms of this Act.
(2) South African National Parks may in managing national parks
(a) manage breeding and cultivation programmes, and reserve areas in a park as
breeding places and nurseries;
(b) sell, exchange or donate any animal, plant or other organism occurring in
a park, or purchase, exchange or otherwise acquire any indigenous species
which it may consider desirable to re-introduce into a specific park;
(c) undertake and promote research;
(d) control, remove or eradicate any alien species which it considers undesirable
to protect and conserve in a park;
(e) carry out any development, and construct or erect any works, necessary for the
management of a park, including roads, bridges, buildings, dams, fences,
breakwaters, seawalls, boathouses, landing stages, mooring places,
swimming pools, oceanariums and underwater tunnels;
(f) allow visitors to a park;
(g) take reasonable steps to ensure the security and well-being of visitors and
staff;
(h) provide accommodation and facilities for visitors and staff, including the
provision of food and household supplies;
(i) carry on any business or trade or provide other services for the convenience of
visitors and staff, including the sale of liquor;
(j) determine and collect fees for
(i) entry to or stay in a park; or
(ii) any service provided by it;
(k) authorise any person, subject to any conditions and the payment of any fees it
may determine, to
(i) carry on any business or trade, or to provide any service, which it may
carry on or provide in terms of this section; and
(ii) provide the infrastructure for such business, trade or service;
(l) by agreement with
(i) a municipality, provide any service in a park which that municipality
may or must provide in terms of legislation; or
(ii) another organ of state, perform a function in a park which that organ
of state may or must perform in terms of legislation; or
(m) do such other things as may be prescribed.
(3) Subsection (2) applies also to other protected areas managed by South
African National Parks, and the powers contained in that subsection may be exercised
by it to the extent that those powers are consistent with the purpose for which any
such area was declared as a protected area.
General powers
56. South African National Parks may for the purpose of performing its
functions
(a) appoint its own staff, subject to section 73;
(b) obtain, by agreement, the services of any person, including any organ of state,
for the performance of any specific act, task or assignment;
(c) acquire or dispose of any right in or to movable or immovable property, or
hire or let any property;
(d) open and operate its own bank accounts;
(e) invest , subject to section 76, any of its money, including money in the fund
referred to in section 77;
(f) borrow money, subject to section 66 of the Public Finance Management Act;
(g) charge fees for any work performed or services rendered by it or collect fees
resulting from any intellectual property rights;
(h) insure itself against
(i) any loss, damage or risk; or
(ii) any liability it may incur in respect of Board members or staff
members in the application of this Act;
(l) perform legal acts, including acts in association with or on behalf of any other
person or organ of state; and
(m) institute or defend any legal action.
Part 2: Governing board, composition and membership
Composition
57. (1) South African National Parks is governed by a board consisting of
(a) no fewer than nine and no more than twelve members appointed in terms of
section 59;
(b) the Director-General or an official of the Department designated by the
Director-General; and
(c) the Chief Executive Officer.
(2) The Minister
(a) must determine the number of members to be appointed in terms of subsection
(1) (a); and
(b) may alter from time to time the number determined in terms of paragraph (a),
but a reduction in the number may be effected only when a vacancy in the
Board occurs.
(3) The Board takes all decisions in the exercise of the duties and powers
of South African National Parks, except
(a) those decisions taken in consequence of a delegation in terms of section 71; or
(b) where the Public Finance Management Act provides otherwise.
Qualifications
58. (1) A member of the Board must
(a) be a fit and proper person to hold office as a member; and
(b) have appropriate qualifications or experience.
(2) The following persons are disqualified from becoming or remaining a
member of the Board:
(a) a person holding office as a member of Parliament or a provincial legislature;
and
(b) a person who has been removed from office in terms of section 65.
Appointment procedure
59. (1) Whenever it is necessary to appoint a member or members of the
Board, the Minister must
(a) through advertisements in the media circulating nationally and in each of the
provinces, invite nominations for appointment of such member or members;
and
(b) compile a list of the names of persons nominated, setting out the prescribed
particulars of each individual nominee.
(2) Any nomination made pursuant to an advertisement in terms of
subsection (1) (a) must be supported by
(a) the personal details of the nominee;
(b) particulars of the nominees qualifications or experience; and
(c) any other information that may be prescribed.
(3) The Minister must make the required number of appointments from the
list referred to in terms of subsection (1) (b), but if the list is inadequate, the Minister
may appoint any suitable person of the Ministers choice.
(4) When making appointments the Minister must have regard to the need
for appointing persons disadvantaged by unfair discrimination. Appointments must be
made in such a way that the Board is composed of persons covering a broad range of
appropriate expertise.
Chairperson
60. (1) Whenever necessary the Minister must appoint a member of the Board
as the Chairperson.
(2) The Chairperson is appointed for a period as may be determined by the
Minister which may, in the case of a member referred to in section 57 (1) (a), not
extend beyond his or her term as a member.
(3) The Minister may appoint a member of the Board as acting chairperson
of the Board if
(a) the Chairperson is absent for a substantial period; or
(b) the appointment of a Chairperson is pending.
Term of office
61. (1) Members of the Board referred to in section 57 (1) (a) are
(a) appointed for a term of three years, or, if section 66 (2) applies, for a term
determined in terms of that section;
(b) on completion of that term, eligible for re-appointment for one additional term
of three years; and
(c) after a break of at least three years after a term has ended, eligible for
appointment in terms of paragraph (a) again and, if appointed, eligible for re-
appointment in terms of paragraph (b).
(2) Any appointment in terms of subsection (1)
(a) may be extended by the Minister for a specific period not exceeding one year;
and
(b) is subject to sections 58 and 65.
Conditions of appointment
62. (1) The Minister must determine the conditions of appointment of
members of the Board referred to in section 57 (1) (a).
(2) The conditions of appointment of members who are not in the employ
of a national, provincial or local organ of state may provide for the payment of
remuneration and allowances determined by the Minister with the concurrence of the
Cabinet member responsible for finance. Such remuneration and allowances are
payable by South African National Parks.
(3) Members who are in the employ of a national, provincial or local organ
of state are not entitled to remuneration and allowances, but must be compensated for
out of pocket expenses by South African National Parks.
(4) Members are appointed part-time.
Conduct of members
63. (1) A member of the Board
(a) must perform the functions of office in good faith and without favour or
prejudice;
(b) must disclose to the Board any personal or private business interest that that
member, or any spouse, partner or close family member of that Board
member, may have in any matter before the Board, and must withdraw from
the proceedings of the Board when that matter is considered, unless the Board
decides that the interest of that Board member in the matter is trivial or
irrelevant;
(c) may not use the position, privileges or knowledge of a Board member for
private gain or to improperly benefit another person; and
(d) may not act in any other way that compromises the credibility, impartiality,
independence or integrity of South African National Parks.
(2) A member of the Board who contravenes or fails to comply with
subsection (1) is guilty of misconduct.
Termination of membership
64. (1) A person referred to in section 57 (1) (a) ceases to be a member of the
Board when that person
(a) is no longer eligible in terms of section 58 to be a member;
(b) resigns; or
(c) is removed from office in terms of section 65.
(2) A member may resign only by giving at least three months written
notice to the Minister, but the Minister may accept a shorter period in a specific case.
Removal from office
65. (1) The Minister may remove a member of the Board referred to in section
57 (1) (a) from office, but only on the ground of
(a) misconduct, incapacity or incompetence;
(b) absence from three consecutive meetings of the Board without the prior
permission of the Board except on good cause shown;
(c) insolvency; or
(d) conviction of a criminal offence without the option of a fine.
(2) A member of the Board may be removed from office on the ground of
misconduct or incompetence only after a finding to that effect has been made by a
board of inquiry appointed by the Minister.
(3) The Minister may suspend a member under investigation in terms of
this section.
Filling of vacancies
66. (1) A vacancy in the Board is filled
(a) in the case of a vacating Chairperson, by appointing another member in terms
of section 60 (1) as the Chairperson; and
(b) in the case of a vacating member referred to in section 57 (1) (a), by following
the procedure set out in section 59.
(2) A person appointed to fill a vacancy holds office for the unexpired
portion of the term of the vacating Chairperson or member.
Part 3: Operating procedures of Board
Meetings
67. (1) The Chairperson of the Board decides when and where the Board
meets, but a majority of the members may request the Chairperson in writing to
convene a meeting at a time and place set out in the request.
(2) The Chairperson presides at meetings of the Board, but if absent from
a meeting, the members present must elect another member to preside at the meeting.
Procedures
68. (1) The Board may determine its own procedures subject to the other
provisions of this Act.
(2) The Board must keep a record of its proceedings and of decisions
taken.
Quorum and decisions
69. (1) A majority of the members of the Board serving at any relevant time
constitutes a quorum for a meeting of the Board.
(2) A matter before the Board is decided by the votes of a majority of the
members present at the meeting.
(3) If on any matter before the Board there is an equality of votes, the member
presiding at the meeting must exercise a casting vote in addition to that persons vote as a
member.
Committees
70. (1) The Board may establish one or more committees to assist it in the
performance of its functions or the exercise of its powers.
(2) When appointing members to a committee, the Board is not restricted
to members of the Board.
(3) The Board
(a) must determine the functions of a committee;
(b) must appoint the chairperson and other members of the committee;
(c) may remove a member of a committee from office at any time; and
(d) may determine a committees procedure.
(4) The Board may dissolve a committee at any time.
(5) Section 62, read with the necessary modifications as the context may
require, applies to the conditions of appointment of committee members. A staff
member of South African National Parks appointed to a committee serves on the
committee subject to the terms and conditions of that persons employment.
Delegation of powers and duties
71. (1) When necessary for the proper performance of its functions the Board
may delegate any of its powers or duties excluding those mentioned in subsection (2)
to
(a) a Board member;
(b) a committee referred to in section 70; or
(c) a staff member of South African National Parks.
(2) The following powers and duties may not be delegated by the Board:
(a) the appointment or re-appointment of a person as the Chief Executive Officer
in terms of section 72 (1) or (2);
(b) the determination of the conditions of service of the Chief Executive Officer in
terms of section 72 (3);
(c) the determination of an employment policy in terms of section 73 (1);
(d) the setting of financial limits in terms of section 73 (2) (a) or (3); and
(e) the approval of the budget.
(3) A delegation in terms of subsection (1)
(a) is subject to any limitations, conditions and directions the Board may impose;
(b) must be in writing;
(c) does not divest the Board of the responsibility concerning the exercise of the
delegated power or the carrying out of the delegated duty; and
(d) does not prevent the exercise of the delegated power or the carrying out of the
delegated duty by the Board.
(4) The Board may confirm, vary or revoke any decision taken in
consequence of a delegation in terms of this section, subject to any rights that may
have accrued to a person as a result of the decision.
Part 4: Administration of South African National Parks
Appointment of the Chief Executive Officer
72. (1) The Board, acting with the concurrence of the Minister, must
appoint a person with appropriate qualifications and experience as the Chief
Executive Officer of South African National Parks.
(2) The Chief Executive Officer
(a) is appointed for a term not exceeding five years; and
(b) may be re-appointed by the Board with the concurrence of the Minister.
(3) The Chief Executive Officer is employed subject to such terms and
conditions of employment as the Board may determine in accordance with a policy
approved by the Minister with the concurrence of the Cabinet member responsible for
finance.
(4) The Chief Executive Officer
(a) is responsible for the management of South African National Parks;
(b) must perform such duties and may exercise such powers as the Board may
delegate to the Chief Executive Officer; and
(c) must report to the Board on aspects of management, the performance of duties
and the exercise of powers, at such frequency and in such manner, as the
Board may determine.
(5) Whenever the Chief Executive Officer is for any reason absent or
unable to carry out his or her functions, or whenever there is a vacancy in the office of
the Chief Executive Officer, the Chairperson of the Board may appoint another staff
member of South African National Parks as acting Chief Executive Officer for a
period not exceeding six months. Whilst acting as Chief Executive Officer, such staff
member
(a) has the powers and duties of the Chief Executive Officer; and
(b) is employed subject to such terms and conditions of employment as the
Chairperson of the Board may determine in accordance with the policy
referred to in subsection (3).
Employment of staff
73. (1) The Board, acting with the concurrence of the Minister, must
determine an employment policy for South African National Parks.
(2) The Chief Executive Officer
(a) within the financial limits set by the Board, must determine a staff
establishment necessary to enable South African National Parks to perform its
functions; and
(b) may appoint persons in posts on the staff establishment.
(3) An employee of South African National Parks is employed subject to
the terms and conditions of employment determined by the Chief Executive Officer
in accordance with the employment policy of and within the financial limits set by the
Board.
(4) (a) A person in the service of another organ of state may be
seconded to South African National Parks by agreement between the Chief Executive
Officer and such organ of state.
(b) Persons seconded to South African National Parks perform
their functions under the supervision of the Chief Executive Officer.
(4) A person in the service of South African National Parks may, with the
consent of that person, be seconded to another organ of state by
agreement between the Chief Executive Officer and such organ of
state.
Part 5: Financial matters
Financial accountability
74. South African National Parks is a public entity for the purposes of the Public
Finance Management Act, and must to that end comply with the provisions of that
Act.
Funding
75. The funds of South African National Parks consist of
(a) income derived by it from the performance of its functions and the exercise of
its powers;
(b) money appropriated for its purposes by Parliament;
(c) grants received from organs of state;
(d) voluntary contributions, donations and bequests;
(e) money borrowed by it in terms of section 56 (f);
(f) income derived by it from investments;
(g) fines received or recovered in respect of offences committed within national
parks; and
(h) money derived from any other source, with the approval of the Cabinet
member responsible for finance.
Investments
76. South African National Parks may invest any of its funds not immediately
required
(a) subject to any investment policy that may be prescribed in terms of section 7
(4) of the Public Finance Management Act; and
(b) in accordance with any criteria set by the Minister.
National Parks Land Acquisition Fund
77. (1) The National Parks Land Acquisition Fund established by section 12A
of the National Parks Act, 1976 (Act No. 57 of 1976), continues to exist as a separate
fund under the administration of South African National Parks despite the repeal of
that Act by section 92 of this Act.
(2) The Fund is administered by South African National Parks and consists
of
(a) any voluntary contributions, donations and bequests received by South African
National Parks for the purpose of the Fund;
(b) money appropriated by Parliament for the purpose of the Fund;
(c) the proceeds of land sold by South African National Parks which it has
acquired in terms of section 81;
(d) income derived from investing any credit balances in the Fund;
(e) money borrowed by South African National Parks in terms of section 56 (f)
for the purpose of the Fund; and
(f) money derived from any other source for the purpose of the Fund.
(3) The money in the Fund may be used
(a) to finance
(i) the acquisition of private land or a right in or to private land in terms of
section 80 or 81;
(ii) the cancellation of a servitude on state land, or a privately held right in
or to state land, in terms of section 82; or
(iii) the cancellation of a servitude on land owned by South African
National Parks, or a privately held right in or to such land, in terms of
section 83; or
(b) to defray expenses incurred by South African National Parks in
connection with the management of the Fund.
(4) The Chief executive Officer must
(a) keep account of the Fund separately from the other money of South African
National Parks; and
(b) comply with the Public Finance Management Act in administering the Fund.
Part 6: General
Ministers supervisory powers
78. (1) The Minister
(a) must monitor the exercise by South African National Parks of its functions and
powers;
(b) may determine norms and standards for the exercise by South African
National Parks of its functions and powers;
(c) may issue directives to South African National Parks on measures to achieve
those norms and standards;
(d) may determine limits on fees charged by South African National Parks in the
exercise of its functions and powers; and
(e) may identify land for new national parks and extensions to existing national
parks.
(2) South African National Parks must perform its functions and exercise
its powers subject to any norms and standards, directives and determinations issued
by the Minister in terms of subsection (1).
Absence of functional Board
79. In the absence of a functional Board, the functions and powers of the Board
revert to the Minister who, in such a case, must perform those functions and may
exercise those powers until the Board is functional again.
CHAPTER 6
ACQUISITION OF RIGHTS IN OR TO LAND
Acquisition of private land by the state
80. (1) The Minister, acting with the concurrence of the Cabinet member
responsible for land affairs, may acquire private land, or any right in or to private
land, which has been or is proposed to be declared as or included in a national
protected area, by
(a) purchasing the land or right;
(b) exchanging the land or right for other land or rights; or
(c) expropriating the land or right in terms of the Expropriation Act, 1975 (Act
No.63 of 1975), if no agreement is reached with the owner or holder of the
right.
(2) The MEC responsible for protected areas in a province, acting with the
approval of the Executive Council of the province, may acquire private land, or any
right in or to private land, which has been or is proposed to be declared as or included
in a provincial protected area, by
(a) purchasing the land or right;
(b) exchanging the land or right for other land or rights; or
(c) expropriating the land or right in terms of the Expropriation Act, 1975, if no
agreement is reached with the owner or holder of the right.
Acquisition of private land by South African National Parks
81. (1) South African National Parks, with the approval of the Minister acting
with the concurrence of the Cabinet member responsible for land affairs, may acquire
private land, or any right in or to private land, which has been or is proposed to be
declared as or included in a national park
(a) by purchasing the land or right; or
(b) if the land or right is donated or bequeathed to it, by accepting the donation or
bequest.
(2) If South African National Parks fails to agree on a purchase price for
the land or right in terms of subsection (1) (a), the Minister may on behalf of South
African National Parks or the state expropriate the land or right in terms of the
Expropriation Act, 1975 (Act No. 63 of 1975).
Cancellation of servitudes on, or privately held rights in or to, state land
82. (1) The Minister, acting with the concurrence of the Cabinet member
responsible for public works, may take any steps necessary to cancel a servitude on
state land, or a privately held right in or to state land, which has been or is proposed to
be declared as or included in a national protected area.
(2) The MEC responsible for protected areas in a province, acting with the
concurrence of the MEC responsible for public works in the province, may take any
steps necessary to cancel a servitude on provincial land, or a privately held right in or
to provincial land, which has been or is proposed to be declared as or included in a
provincial protected area.
(3) If the Minister or MEC fails to reach an agreement with the owner of
the property in whose favour the servitude is registered or with the person holding the
right, the Minister or MEC may expropriate the servitude in terms of the
Expropriation Act, 1975 (Act No.63 of 1975).
Cancellation of servitudes on, or privately held rights in or to, land owned by
South African National Parks
83. (1) South African National Parks may take any steps necessary to cancel a
servitude on land owned by South African National Parks, or a privately held right in
or to such land, which has been or is proposed to be declared as or included in a
national park.
(2) If South African National Parks fails to reach an agreement with the
owner of the property in whose favour the servitude is registered or with the person
holding the right, the Minister may on behalf of South African National Parks or the
state expropriate the servitude or right in terms of the Expropriation Act, 1975 (Act
No. 63 of 1975).
Mineral rights
84. The Minister may in terms of section 80 (1), 81 (2), 82 (3) or 83 (2), and the
MEC responsible for protected areas in a province may in terms of section 80 (2) or
82 (3), acquire or cancel a mineral right by way of expropriation only with the
concurrence of the Cabinet member responsible for mineral and energy affairs.
Financing
85. (1) The Minister may finance the acquisition of private land or a right in or
to private land in terms of section 80, or the cancellation of a servitude on, or a
privately held right in or to, state land in terms of section 82, from
(a) money appropriated for this purpose by Parliament; or
(b) the National Parks Land Acquisition Fund, by agreement with South African
National Parks.
(2) South African National Parks may finance the acquisition of private
land or a right in or to private land in terms of section 81, or the cancellation of a
servitude on, or a privately held right in or to, land owned by South African National
Parks in terms of section 83, from
(a) the funds of South African National Parks; or
(b) the National Parks Land Acquisition Fund, by agreement with the Minister.
CHAPTER 7
ADMINISTRATION OF ACT
Regulations by Minister
86. (1) The Minister may make regulations
(a) prescribing a matter that may be prescribed in terms of this Act; and
(b) assigning additional powers and duties to management authorities;
(c) regulating
(i) biodiversity management and conservation in protected areas;
(ii) the use of biological resources in protected areas;
(iii) access to protected areas;
(iv) tourism in protected areas where tourism is allowed;
(v) activities that may be carried out in terms of section 50; or
(vi) the use of land and water in protected areas;
(d) prohibiting or restricting
(i) activities that have an adverse effect in protected areas;
(ii) the use of biological resources in protected areas;
(iii) land uses in protected areas that are harmful to the environment;
(e) providing for the establishment of advisory committees for protected areas, the
appointment of members and their role;
(f) setting norms and standards for the management of protected areas, including
for any of the above matters; or
(g) providing for any other matter that may be necessary to facilitate the
implementation of this Act.
(2) Any regulation with substantial financial implications may be made
only with the concurrence of the Cabinet member responsible for finance.
(3) Before publishing any regulations in terms of subsection (1), the
Minister must publish the draft regulations in the Gazette for public comment.
Regulations by MECs
87. (1) The MEC responsible for protected areas in a province may make
regulations for provincial and local protected areas in the province
(a) assigning additional powers and duties to management authorities of those
protected areas;
(b) regulating
(i) biodiversity management and conservation in those protected areas;
(ii) the use of biological resources in those protected areas to secure
sustainability of those resources;
(iii) access to protected areas;
(iv) tourism in those protected areas where tourism is allowed; or
(v) activities that may be carried out in terms of section 50; or
(vi) the use of land and water in those protected areas;
(c) prohibiting or restricting
(i) activities that have an adverse effect in those protected areas;
(ii) the use of biological resources in those protected areas when necessary
to secure sustainability of those resources; or
(iii) land uses in those protected areas that are harmful to the environment;
or
(d) providing for the establishment of advisory committees for those protected
areas, the appointment of members and their role; or
(e) providing for any other matter that will facilitate the implementation of this
Act in relation to those protected areas.
(2) Regulations made in terms of subsection (1) must be consistent with
any norms and standards prescribed in terms of section 11 or 86 (1) (f).
(3) Any regulation with substantive financial implications for the
province, may be made only with the concurrence of the MEC responsible for finance
in the province.
(4) Before publishing any regulations in terms of subsection (1), the MEC
must publish the draft regulations in the Gazette for public comment.
General
88. (1) Regulations made in terms of section 86 or 87 may
(a) restrict or prohibit any act either absolutely or conditionally;
(b) apply
(i) generally throughout the Republic or province, as the case may be, or
only in a specified area or category of areas;
(ii) generally to all persons or only a specified category of persons; or
(iii) generally with respect to all species or only a specified species or
category of species; or
(c) differentiate between
(i) different areas or categories of areas;
(ii) persons or categories of persons; or
(iii) species or categories of species.
(2) Regulations made in terms of section 86 or 87 may, when appropriate,
provide that any person who contravenes or fails to comply with a provision thereof is
guilty of an offence and liable on conviction to
(a) imprisonment for a period not exceeding five years;
(b) an appropriate fine; or
(c) both a fine and imprisonment.
Extension of time periods
89. The Minister may extend, or condone a failure by a person to comply with, a
time period in terms of this Act, except a time period which binds the Minister.
CHAPTER 8
OFFENCES AND PENALTIES
Offences
90. A person is guilty of an offence if that person
(a) contravenes or fails to comply with a provision of section 45, 46, 47, 48 or 50
(5);
(b) contravenes a provision of a notice issued in terms of section 51;
(c) hinders or interferes with a management authority, or a member or staff
member of a management authority, in the execution of official duties; or
(d) falsely professes to be a member or staff member of a management authority,
or the interpreter or assistant of such an officer.
Penalties
91. A person convicted of an offence under section 90 is liable on conviction
to imprisonment for a period not exceeding five years or an appropriate fine, or to
both such imprisonment and fine.
CHAPTER 9
MISCELLANEOUS
Repeal of legislation
92. (1) The legislation mentioned in the second column of the table in the
Schedule is hereby repealed to the extent mentioned in the third column, subject to
subsection (2).
(2) Sections 16 and 17 of the Environmental Conservation Act, 1989 (Act
No. 73 of 1989), are repealed in a province with effect from the publication by the
MEC responsible for protected areas in the province of regulations in terms of section
87 of this Act prescribing matters covered by the said sections16 and 17.
Savings
93. (1) Anything done in terms of legislation repealed in terms of section 92
which can or must be done in terms of this Act must be regarded as having been done
in terms of this Act.
(2) A person who immediately before the repeal of the National Parks Act,
1976, was
(a) a member of the National Parks Board, becomes a member of the Board of the
South African National Parks for the unexpired part of the term for which that
person was appointed as a member of the first-mentioned Board; or
(b) the chairperson of the National Parks Board, becomes the chairperson of the
Board of South African National Parks for the unexpired part of the term for
which that person was appointed as the chairperson of the first-mentioned
Board.
Existing protected areas
94. (1) South African National Parks
(a) is the management authority of any protected area it managed immediately
before this section took effect unless otherwise assigned by the Minister in
terms of this Act; and
(b) must manage the area in accordance with
(i) this Act, and any management plan in terms of Chapter 4 for the area;
and
(ii) any existing conditions and agreements applicable to the area.
(2) The organ of state managing a protected area immediately before this
section took effect, other than a protected area referred to in subsection (1), must
continue managing the area until the management of the area is assigned either to it or
another management authority in terms of Chapter 4.
Short title and commencement
95. (1) This Act is called the National Environmental Management: Protected
Areas Act, 2003, and takes effect on a date determined by the President by
proclamation.
(2) Different dates may in terms of subsection (1) be determined for
different provisions of the Act.
SCHEDULE
REPEAL OF LEGISLATION
(Section 92)
No. and year of
Act
Short title of Act
Extent of repeal
Act No. 39 of
1975
Lake Areas Development Act, 1975
The repeal of the whole
Act No. 57 of
1976
National Parks Act, 1976
The repeal of the whole
Act No. 60 of
1979
National Parks Amendment Act, 1979
The repeal of the whole
Act No. 9 of
1980
Lake Areas Development Amendment Act, 1980
The repeal of the whole
Act No. 13 of
1982
National Parks Amendment Act, 1982
The repeal of the whole
Act No. 23 of
1983
National Parks Amendment Act, 1983
The repeal of the whole
Act No. 43 of
1986
National Parks Amendment Act, 1986
The repeal of the whole
Act No. 60 of
1987
National Parks Amendment Act, 1987
The repeal of the whole
Act No. 73 of
1989
Environmental Conservation Act, 1989
The repeal of sections
16, 17 and 18
Act No. 23 of
1990
National Parks Amendment Act, 1990
The repeal of the whole
Act No. 52 of
1992
National Parks Amendment Act, 1992
The repeal of the whole
Act No. 38 of
1995
National Parks Amendment Act, 1995
The repeal of the whole
Act No. 70 of
1997
National Parks Amendment Act, 1997
The repeal of the whole
Act No. 106 of
1998
National Parks Amendment Act, 1998
The repeal of the whole
Act No. 54 of
2001
National Parks Amendment Act, 2001
The repeal of the whole
Subject to the passing of the Biodiversity Act
Subject to the passing of the Biodiversity Act