the establishment of a representative system of protected areas as part ensure that the sustained biodiversity benefits future generations theparticipationbycommunities in conservation and its associated protected areas governance.
More details are set outinthe attached explanatory memorandum.
The Bill will be tabledin Parliament during the month of June2003 and written comments and inputs are invited from interested and affected parties as well as the general public.
Ms G Mahlangu-Nkabinde Chairperson of the Portfolio Committee on Environmental Affairs and Tourism Parliament of South Africa P.O.
The National Parks Act, 1976 (Act No.
No. 73of 1989, andseekstoensurethatthesystem of conservationandprotectedareas management is linked with the current policies and programmes of government, and brings tangible benefits to all South Africans, in particular local communities.
The Bill forms part of a suite of legislation established to manage the environment. The framework is provided forintheNationalEnvironmentalManagementAct proposed amendments to the act.
Analysis of Bill Chapter 1 defines certain words and expressions used in the Bill and sets out the objectives of the Bill. It establishes the state as guardian of protected areas in South Africa. It further sets the framework for the application of the Bill in relation to the National Environmental Management Act, the National Environmental Management: Biodiversity Bill and other legislation.
Chapter 2 establishes the system of protected areas in South Africa. Four types of protected area are declared in terms of this Chapter, viz. special nature reserves, national parks, nature reserves and protected environments. The following protected areas are recognized and their relationship to the Bill established: Protected areas declared in terms of the World Heritage Convention Act (world heritage sites), the MarineLivingResourcesAct(marineprotectedareas),theNationalForestAct (specially protected forest areas, forest nature reserves and forest wilderness areas) and the Mountain Catchment Areas Act (mountain catchment areas). All protected areas are to be included in a register of protected areas established in terms of the Bill.
The declaration of different types protected areas and the purposes for establishing them are provided for in Chapter 3. Procedures for consultation are set out, and the need for concurrence of relevant Cabinet members are established.
limit land use in an area to be included into a national park or nature reserve. The authority to designate wilderness areas within national parks and nature reserves is included in this Chapter.
Chapter 4, provides for the management of protected areas. The assignment of the management of protected areas to management authorities, subject to the approval of management plans based on management criteria, is set out. Co-management of protected areas'by agreement is provided for. Monitoring of management authorities, based on performance indicators and the termination of mandates, where warranted by the Minister or MEC, is provided for. Restrictions of accessto protected areas and restrictions on activities whichmay adversely affect protected areas are provided for.
The continued existence of South African National Parks is ensured in Chapter 5.
TheChapterprovides criteria for the selection' and appointment of the governing board and defines the functions and operating procedures of the board and South matters are provided for. The Chapter establishes the Minister's supervisory powers over South African National Parks.
maybe acquired or cancelled by expropriation by the Minister in protected areas.
Financial provisions are made for the acquisition of land or rights.
Administrative arrangements for the implementation of the Act, through regulations by the Minister and MEC respectively, are set out in Chapter 7.
Offences and penaltiesare set out in Chapter 8.
The last Chapter provides for the repealof certain laws. The protected areas which exist immediately before the repeal of those laws are to be regarded as protected areasforpurposesof the proposed Act. Management will becontinuedbythe currentorgan of state until themanagement of thearea is assigned in termsof Chapter 4.
The Bill will rationalize protected area legislation in South Africa. As such, it negates the need for each province to promulgate its own legislation on the declaration and protected It therefore provincial governance.
All national departments and provincial governments were consulted. The draft Bill was published in the Gazette in terms of section 154 of the Constitution.
TheStateLawAdvisersand the Department of EnvironmentalAffairsare of the opinion that this Billmust be dealt with in accordance with the procedure prescribed by section 76(1) or (2) of the Constitution since it falls within a functional area listed in Schedule 4 of the Constitution, to with "Environment" and "Nature conservation".
(As introduced in the National Assembly as a section 76-Bill; explanatory summary of BillpublishedinGovernmentGazette No.
To provide for the protection and conservation of ecologically viable landscapes and seascapes; for the establishmentof a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultationin matters concerning protected areas; for the continued existence, governance connection therewith.
CHAPTER 3 17.
"local protected area"means a nature reserve or protected environment managed by a municipality; "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 or other institution in which the authority to manage the protected area is vested; "marine protected area"means an area declaredas a marine protected area in terms of section43 of the Marine Living Resources Act, 1998 (Act No.18 of 1998); "MEC" means the member of the Executive Councilof 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 establishedin terms of the Local Government: Municipal Structures Act, 1998 (Act No.171 of 1998); "National Environmental Management Act"means the National Environmental Management Act, 1998 (ActNo.
an area which was a park in terms of the National Parks Act (Act N0.
an area which was a lake development area in terms of the Lake Areas Development Act,1975 (Act No.
an area declared, or regarded as having been declared, in terms of section 28 as a protected environment; or an area which before or after the commencement of this Act was or is.
Act, 1999 (Act No.
@) an area whichwas a special nature reserve in terms of the National Conservation Act (Act No.
"species" means a kind of animal, plant or other organism, including any subspecies, cultivar, variety, geographic race, strain, hybrid or geographically separate population;.
"subordinate legislation"means any regulation madeor notice issued under or in terms of this Act; "this Act"includes any subordinate legislation; "wilderness area"means an area designated in terms of section 22 or26 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 improvementsor human habitation; "world heritage site"means a world heritage sitein terms of the World Heritage Convention Act, 1999 (ActNo. 49 of 1999).
to provide, within the framework of national legislation, including the National Environmental Management Act, for the declaration and management of protected areas; to provide for co-operative governancein the declaration and management of protected areas: io effect a national systemof protected areas in South Africa as part of a strategy to manage and conserve its biodiversity; to provide for a representative network of protected areas on state land, private land and communal land; and to provide for the continued existence of South African National Parks.
also in the Prince Edward Islands referred to in section 1 of the Prince Edward Islands Act, 1948 (Act No.43 of 1948); and to the exclusive economic zone and continental shelf of the Republic, respectively referred to in sections 7 and 8 of the Maritime Zones Act, 1994 (Act No.
This Act binds allorgans of state.
This Act must, in relation to any protectedarea, beread, interpreted and applied in conjunction with the Biodiversity Act.
provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and a municipal by-law, the subordinate legislation issued interms of this Act prevails.
Fortheproperapplication of subsection (2)(6) the Minister must, in terms of section 146(6) of the Constitution, submitall subordinate legislation issued in terms of this Act and which affects provinces, to the National Councilof Provinces for approval.
prevails over this Act in terms of section 146 of the Constitution.
The system of protectedareas in South Africa consists of the following kindsof protected areas: special nature reserves, national parks, nature reserves and protected environments; world heritage sites; marine protected areas; specially protected forest areas, forest nature reserves and forest wilderness areas declared in termsof the National ForestsAct, 1998 (Act No. 84 of 1998); and mountain catchment areas declared in terms of the Mountain Catchment Areas Act, l 970 (Act No.63 of 1970).
For the purposesofsubsection (2)(b) aprotectedarea declared in terms of provincial legislation must be includedin the Register as a nature reserve or protected environment depending on the purpose for which it was declared.
TheCabinetmemberresponsiblefor theadministrationof the National Forests Act,1998 (Act No. 84 of 1998), and the MEC must notify the Minister of all areas declared as protected areasin terms of that Act or provincial legislation, as the case may be.
TheMinistermayprescribe-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 sectionQ(a),(b) and (c); indicators to measure compliance with those norms and standards; and the requirement for the management authorities of those protected areas to reporton these indicators to the Minister.
to a specific management authority or category of management authorities only.
different areas; or different management authorities or categoriesof management authorities.
A protected area which immediately before this section took effect was reserved or protectedin terms of provincial legislation for any purpose for which an area could in terms as a nature of this Act be declared reserve or protected environment, mustbe regarded to be a nature reserveor protected environment for the purpose of this Act.
1999 (Act No.49 of 1999).
The other provisions of this Act do not apply to world heritage sites except where expressly or by necessary implication provided otherwise.
(1)Chapter 1, thisChapterandsection48applytomarine protected areas, declared as such in terms of section 43 of the Marine Living Resources Act (Act No. 18 of 1998).
Specially protected forest areas, forest nature reserves and forest wilderness areas or forest wilderness areas, declared as such in terms of section 8 of the National Forests Act, 1998 (Act No. 84 of 1998).
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 parkor nature reserve, such area must be managed as, or as part of, the special nature reserve, national parkor nature reserve in terms of this Act in accordance with an agreement concluded between the Minister and the Cabinet member responsiblefor forestry.
Chapter 1 and this Chapter apply to mountain catchment areas, declared as such in terms of the Mountain Catchment Areas Act,1970 (Act No. 63 of 1970).
to protect highlysensitive, outstandingecosystems, species, geological or physical features in the area; and to make the area primarily available for scientific research or environmental monitoring.
of private land if the owner has consented to the declaration by way of a written agreement with the Minister.
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 resolutionof the National Assembly.
assignaname to the national park.
to provide spiritual, scientific, educational, recreational and tourism opportunities which are environmentally compatible; and to contribute to economic development.
A notice under subsection (l)(a) may be issued in respect of private landif the owner has consented to the declaration by way ofa written agreement with the Minister or South African National Parks.
An area which was a national park when this section took effect must for purposes of this section be regarded as having been declared as suchin terms of this section.
byresolutionoftheNationalAssembly; or withdraws from an agreement referredto in section20(3),the Minister must withdraw the declaration in terms of which the land in question was declared a national park or partof an existing national park.
in terms of subsection (2).
to control access which, if allowed, may only be by non-mechanized means.
of the park.
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.
inthe case of a declaration by an MEC, by resolution of the legislature of the relevant province; or in terms of subsection (2).
If the Minister or MEC, or the other party to an agreement, withdraws from an agreement referred to in section 23(3),the Minister orMEC must withdraw the noticeinterms of which the landin question was declared a nature reserve or part of an existing nature reserve.
The Minister or the MEC may, by notice in the Gazette, designate a nature reserve as a specific type of nature reserve in accordance with such uniform system of typesas may be prescribed.
Designationof nature reserve as wilderness area designate a nature reserve or part thereof as a wilderness area.
The MEC must promptly forward to the Minister a CSPY of each notice issued under section23,24,25or 26.
0 to control change in land use in the area if the area is earmarked for declaration as, or inclusion in, a national park or nature reserve.
A notice under subsection (l)(a) may be issued in respect of private land if the owner has requested or consented to a declaration contemplated in subsection (l)(a) and the Minister or the MEC has given the owner noticein writing interms of section 33.
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.
Minister or the MEC may by notice inthe Gazette extend that period for not more than one year.
An area ceases to be a protected environment if that area is declared as, or included into, a national park or nature reserve or part thereof.
withdraw the declaration, issued under section28, of an area as a protected environment oras part of an existing protected environment; or exclude any part of a protected environment from the area.
The MEC must promptly forward to the Minister a copy of each notice issued under section28 or 29.
(i)theMEC of the province concerned;and the municipality in which the area concerned is situated; and follow a process of public participation in accordance with section 33.
(i)theMinisterandothernationalorgans of state affected by the proposed notice; and consult all provincial organs of state affected by any proposed notice; and follow a process of public participation in accordance with section 33.
Public participation publish the intention to issue a notice contemplated in section 31or 32, in the Gazette and in at leasttwo newspaper distributed in the areain which the affected areais situated; and if it is proposed to declare any private land as a protected environment, 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 such land.
contain sufficient information to enable members of the public to submit meaningful representations or objections, and must include a dear indication of the area that will be affected by the declaration.
The Minister or MEC may in appropriate circumstances allow any interested personto present oral representationsor objections to the Minister or theMEC, or to a person designated by the Minister or MEC, but such representationsor objections must be allowed where the proposed notice will affect the rights or interests of a local community.
TheMinisterorMECmustgivedueconsiderationtoall representations or objections received or presented before publishing the relevant notice.
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 concurrenceof the trustee.
land owned by the State, the Minister or the MEC may declare that area only with the concurrenceof the Cabinet member or MEC responsible for the administration of that land; land which is held in trust by the state or an organof state for a community or other beneficiary, the Minister or the MEC may declare that area only with the concurrence of the trustee.
General or protected environment, or as part thereof, may be initiated either by the Minister, the MEC or the owners of that land acting individuallyor collectively.
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.
TheMinisterortheMEC, as the case maybe, must in writing notify the Registrarof Deeds whenever an areais declared as a special nature reserve, national park, nature reserve or protected environment, or as part thereof, or in respect of which a declaration has been withdrawn or altered.
The notification must include a description of the land involved.
On receipt of the notification, the Registrar of Deedsmust record any such declaration, withdrawal or alteration in relevant registers and documents in terms of section 3(1)(w) of the Deeds Registries Act, 1937 (Act No. 47 of 1937).
"local protected area" must be construed accordingly.
(a) TheMinistermustassign, inwriting, the management of a national protected area to an organ of state or any other institution.
another organ of state, subjects to the prescripts set by the Minister.
TheMECmustassign, in writing, the management of a provincial protected area in the province to an organof state.
TheMinisteror the MEC may make an assignment in terms of section 38(1)or (2) only with the concurrenceof the prospective management authority.
38(1)(or (2) must, within12 months of the assignment, submit a management plan for the protected area for approval by the Minister or the MEC.
When preparinga managementplanfor aprotected area, the prospective management authority must consult municipalities, other organs of state and affected parties which have an interest in the area.
any applicable provincial legislation, in the case of a provincial protected area; and any applicable municipal by-laws, in the case of a local protected area.
The management authoritymayamend the management plan by agreement with the Minister or the MEC, as the case may be.
Minister or MEC may approve the management planor any subsidiary planin whole or in part.
the regulation of human activities that affect the environment in the area.
may not lead to fragmentation or duplication of management functions.
The Ministeror the MEC, as the case may be, may cancel a co-management agreement after giving reasonable notice to the parties if the agreementis not effectiveor is inhibiting the attainment of any of the management objectives of the protected area.
The MEC may establish indicatorsformonitoring performance with regard to the management of provincial and local protected areas and the conservation of biodiversity in those areas.
monitor the area against the indicators set in terms of subsection (1) or (2); and annually report its findings to the Minister or MEC or a person designated by the Minister or MEC.
the overall objectivesof the management plan.
notify the management authority inwriting of the failure to fulfill its duties or of the under-performance; and direct the management authority to take corrective steps set out in the notice within a specified time.
assign another organ of state as the management authority of the area.
The Minister implements this section in relation to national protected areas andthe MEC implements this sectionin relationto provincial and local protected areas.
the state of conservation of the reserve or of the biodiversity in the reserve; or any police, customs or excise officer entering the area in the execution of official duties; or a person actinginterms of an exemption granted under subsection(3).
Despiteanyotherlegislation, nopersonmaywithoutthe written permissionof the management authorityof a national park, nature reserve or world heritage site enter or reside or site.
the state of conservation of the park, reserve or site or of the biodiversity in the park, reserve or site; or theimplementationofthe managementplanandthis Act; an official of the management authorityto perform official dutiesinthe park, reserveor site; any police, customs or excise officer entering the park, reserve or site inthe executionof official duties; the holder of a vested right to enter the park, reserve or site, or a person traveling through the park, reserve or site by rail, as long as that person stays onthe train orwithin the precincts ofany railway station.
either confirm the refusal or grant thepermission.
A specialnaturereserve, nationalparkorworldheritage site includes the air space above the reserve, park or site to a level of 1500 feet above ground level.
No person may fly overa special nature reserve, national park or world heritagesite at an altitude of less than1500feet, except as may be necessaryfor the purposeof subsection (2).
in an emergency;or to a person acting on the instructions of the management authority.
The Minister, actingwiththeconcurrence of the Cabinet member responsible for civil aviation, may prescribe other reasonable restrictions on flying over protected areas.
Minister and the Cabinet member responsible for minerals and energy affairs; or in a protected area referred to in section 9(6), (c) or (dl.
internal rules made by the managing authority of the area under section 52.
An activity allowed in terms of subsection (1) (a) or (b) may not negatively affect the survival of any speciesin or significantly disrupt the integrity of the ecological systems of the national park, nature reserve or world heritage site.
the declaration of the area as a national park, nature reserve or world heritage siteor as partof an existing national park, nature reserveor world heritage site.
No development, constructionorfarmingmaybe permitted in a national park, nature reserve or world heritage site without the prior, written approvalof the management authority.
development that may be inappropriate for the area given the purpose for which the area was declared; and the carrying out of other activities that may impede such purpose.
Themanagementauthority of anationalpark, nature reserve or world heritage site may, in accordance with prescribed norms and standards, make rules for the proper administration of the area.
bind all persons in the area, includingvisitors;and may, as a condition for entry, provide for the imposition of fines for breaches of the rules.
the Restitution of Land Rights Act, 1994 (Act No.22of 1994), and on the basis that a protected area should be retained in its original statein order to achieve the effective conservation of the area having regard to economic sustainability and holistic and coherent management by the management authority; and the provision of essential services and the acquisition of servitudes for that purpose.
A person may exercise a right that that person may have to water in a public streamin a protected area, but subjectto such conditions as may be prescribed by the Minister with the concurrence of the Cabinet member responsible for water affairs.
South AfricanNationalParksestablishedbysection 5 of the National Parks Act, 1976 (Act No. 57 of 1976), continues to exist as a juristic person despite the repeal of that Actby section 92 of this Act.
As from the repeal of the National Parks Act, 1976, South African National Parks functionsin terms of this Act.
any other organ of state, perform a function in a park which that organ of state may or must performin terms of legislation; or perform such other functions as may be prescribed.
Subsection (2) appliesalso to other protectedareas managed by South African National Parks, and the powers contained in that subsection may be exercised byit to the extent that those powers are consistent with the purposefor which any such area was declared as a protected area.
any liability it may incur in respect of Board members or staff members in the application of this Act; perform legal acts, including acts in association with or on behalf of any other person or organ of state; and institute or defend any legal action.
Composition consisting of-no fewer than nine and no more than twelve members appointed in terms of section59; the Director-General or an official of the Department designatedby the Director-General; and the Chief Executive Officer.
The Minister- must determine the number of membersto be appointed in terms of subsection (1) (a);and may alter from timeto time the number determinedin terms of paragraph(a), but a reduction inthe number may be effected only when a vacancy in the Board occurs.
through advertisements in the media circulating nationally and in each of the provinces, invite nominations; and compile a list of the names of persons nominated, setting out the prescribed particularsof each individual nominee.
Appointments must be made in such a way that the Board is composedof persons covering a broad range of appropriate expertise.
TheChairperson is appointed for such period as the Minister may determine which may, in the case of a member referred to in section 57(1)(.), not extend beyond his or her term as a member.
on completion of any term contemplated in paragraph (a),eligible for re-appointment for one additional term of three years; and 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).
Anyappointment in terms ofsubsection (1) maybe extended by the Minister for a specific period not exceeding one year.
The Minister mustdeterminetheconditions of appointment of members of the Board referred to in section ';7(d!(a).
(a) Theconditions 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.
Memberswho are in the employ of a national, provincial or local organ of state are not entitled to remuneration and allowances, but must be compensated forout of pocket expenses by South African National Parks.
must disclose to the Board any personal or private businessinterest that that member, or any spouse, partner or close family member of that Board member, may havein any matter before the Board, and must withdraw from the proceedingsof 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; may not use the position, privileges or knowledgeof a Board member for private gain orto improperly benefit another person; and may not actin any other way that compromisesthe credibility,, impartiality, independenceor integrity of South African National Parks.
A member of the Board who contravenes or fails to comply with subsection(1) is guilty of misconduct.
A membermay resign by giving at least three month's written notice to the Minister, butthe Minister may accept a shorter period in a specific case.
or conviction of a criminal offence without the option of a fine.
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 bya board of inquiry appointed by the Minister.
A person appointed to fill a vacancy holds office for the unexpired portionof the term of the vacating Chairperson or member.
The Chairperson of theBoarddecideswhenandwhere the Board meets, but a majority of the membersmay request the Chairperson in writing to convene a meeting at a time and place set out in the request.
The Chairperson presides at meetings of the Board, but if absent from a meeting, the memberspresent must elect another memberto preside at the meeting.
Procedures the other provisionsof this Act.
The Board must keep a record of itsproceedingsand of decisions taken.
Ifon any matter before the Board there is an equality of votes, the member presiding at the meeting must exercise a castingin vote addion to that person's voteasa member.
Astaffmember of South African National Parks appointed to a committee serves on the committee subject to the terms'and conditions of that person's employment.
does not divest the Board of the responsibility concerning the exercise of the delegated power or the carrying out of the assigned duty; and does not prevent the exercise of the assigned power or the carrying out of the assigned duty by the Board.
The Board may confirm, vary or revokeanydecision taken in consequence of a delegationinterms of this section, subject to any * rights that may have accrued to a person as a result of the decision.
TheBoard, acting with theconcurrenceoftheMinister, must appoint a person with appropriate qualifications and experience as the Chief Executive Officer of South African National Parks.
(b). may be re-appointed by the Board with the concurrence of the Minister.
TheChief 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.
must perform such duties and may exercise such powers as the Board may assign or delegate to the Chief Executive Officer; and must report to the Board on aspectsofmanagement, the performance of duties and the exercise of powers at such frequency and in such manner as the Board may determine.
WhenevertheChiefExecutiveOfficer is for any reason absent or unable to carry out hisor her functions, or whenever thereis a vacancyinthe officeof 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 exceedingsix months.
has the powers and duties of the Chief Executive Officer; and is employed subject to such terms and conditions of employment as the Chairperson of the Board may determine in accordance with the policy referred toin subsection (3).
AnemployeeofSouthAfricanNationalParks is employed subject to the terms and conditionsof employment determined by the Chief Executive Officer in accordance with the employment policy of and within the financial limits set by the Board.
Parks by agreement between the Chief Executive Officer and such organof state.
PersonssecondedtoSouthAfricanNationalParks perform their functions under the supervision of the Chief Executive Officer.
A person in the service of South African NationalParks 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.
South African National Parks is a public entity for the purposes of the Public Finance Management Act, and must to that end complythewith provisions of that Act.
Funding income derived from the performance of its functions; money appropriated for its purposes by Parliament; grants received from organs of state; voluntary contributions, donations and bequests; money borrowed in terms of section560; income derived from investments; fines received or recovered in respect of offences committed within national parks; and money derived from any other source, with the approvalof the Cabinet member responsible for finance.
subject to any investment policy that may be prescribed in terms of section 7(4)of the Public Finance ManagementAct; and in accordance with anycriteriasetby the Minister.
TheNationalParksLandAcquisitionFundestablishedby section 12Aof 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 sectionof this Act.
Parkswhich it has acquired in terms of section81; income derived from investing any credit balances in the Fund; money borrowed bySouth African National Parks in terms of section 560 for the purpose of the Fund; and money derived from any other source for the purpose of the Fund.
TheChiefExecutiveOfficermust-keep account of the Fund separatelyfrom the other moneyof South African National Parks; and comply with the Public Finance ManagementAct in administering the Fund.
The must monitor the performance by South African National Parks of its functions; may determine norm and standardsfor the performance by. South African National Parksof its functions; may issue directivesto South African National Parks on measuresto achieve those norms and standards; may determine limits on fees charged by South African National Parks in the performance ofitsfunctions; and may identify land for new nationalparks and extensions to existing national parks.
SouthAfricanNationalParksmustperform itsfunctions subject to the norms and standards, directives and determinations issued by the Minister in terms of subsection(1).
In the absence of a functional Board, the functions of the Board revert to the Minister who, in such a case, must perform those functions until the Board is functional again.
Act, 1975, and subject to section 25 of the Constitution, if no agreement is reached with the owner or holder of the right.
if the land or right is donated or bequeathed to it, by accepting the donation or bequest.
accordance with the Expropriation Act, i975 (Act No. 63of 1975),subject to section 25 of the Constitution.
Cancellation of servitude on, or privately held right in or to, state land to cancel a servitude on state land, or a privately held rightin or to state land, which has been or is proposed to be declared as or includedin a national protected area.
The MEC, acting with the concurrence of the MEC responsible for public worksin 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 oris proposed to be declared as or included in a provincial protected area.
or MEC may expropriate the servitude in accordance with the Expropriation Act,1975 (Act No.63 of 1975), subject to section25 sf the Constitution.
Cancellation of servitude on, or privately held right in or to, land owned proposed to be declared as or included in a national park.
(2)IfSouthAfricanNationalParksfails to reach an agreement with the owner of the property in whose favour the servitudeis 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 inright accordance with the Expropriation Act,1975 (Act No. 63 of 1975),and subject to section 25 of the Constitution.
The Minister may in accordance with section 80(l)(c), 81 (2), 82(3) or 83(2), and the MEC may 82(3), in accordance with section 80(2) or acquire or cancel a mineral right by way of expropriation only with the concurrence of the Cabinet member responsible for mineral and energy affairs.
land uses in protected areas that are harmful to the environment; providing for the establishment of advisory committees for protected areas, the appointmentof members and their role; setting norms and standards for the proper performance of any function conternplated in this Act, and the monitoring and enforcing of such norms and standards; regarding any other matter whichit is necessary or expedient to prescribe for the proper implementation or administration of this Act.
The MEC may, in relation toprovincialandlocal protected areas, make regulations notin conflict with this Act regardingany matter referred to in section 86, except a matter referred to in section 86(1)(q.
Regulationsmadeundersection 86or87may provide that any person who contravenes or failsto comply with a provision thereofis guilty of an offence and liable on conviction to afine or to imprisonment fora period not exceeding five years or to both a fine and such imprisonment.
51; hinders or interferes with a management authority aormember or staff member of a management authority in the execution of official duties; or falsely professes to be a member or staff member of a management authority, or the interpreter or assistant of such an officer.
A personconvictedofanoffence in terms of subsection is liable on convictionto a fine or to imprisonment for a period not exceeding five years orto both a fineand such imprisonment.
(1)Subject tosubsection (2),thelawsmentionedin the second column of Schedule1 are hereby repealed to the extent set out in the third column thereof.
Sections16 and 17 of the Environment Conservation Act, 1989 (ActNo. 73 of 1989), are repealed in a province witheffect from the date of publication by theMEC of regulations under section 87 prescribing matters covered by the said sections1 6 and 17.
(1)Anythingdone intermsofalawrepealed by section 91 which can or must be done in terms of this Act must be regardedas having been done in terms of this Act.
a member of South African National Parks, becomes a member of the Board for the unexpired part was of the term for which that person appointed as a member of South African National Parks; or thechairpersonofSouthAfricanNationalParks, becomes the chairperson of the Board for the unexpired part of the term for which that person was appointedas the chairperson of South African National Parks.
Theorgan of statemanagingaprotectedarea immediately before this section took effect, other than a protected area referred to in subsection(l),must continue managing the area until the management of the area is assigned either to it or another management authority in terms of Chapter4.
ThisActiscalledtheNationalEnvironmentalManagement: Protected Areas Act,2003, and takes effect on a date determined by the President by proclamation in the Gazette.
No. and year of Act Act No.39 of 1975 Act No.
1979 A& NO.9 of 1980 Act No.
1983 Act No. 43 of 1986 Act No. 111 of 1986 Act No.
1989 Act No.