Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages. REPUBLIEK VAN SUID-AFRIKA STAATSKOERANT GOVERNMENT GAZETTE OF THE REPUBLIC OF SOUTH AFRICA As 'n Nuusb/ad by die Poskantoor Geregistreer Registered at the Post Office as a Newspaper VoL. 354 KAAPSTAD, 7 DESEMBER 1994 ' CAPE TOWN, 7 DECEMBER 1994 . No. 16140 KANTOOR VAN DIE PRESIDENT OFFlCE OF THE PRESIDENT No. 2092. 7 Desember 1994 No. 2092. 7 December 1994 Hierby word bekend geimiak dat die . President sy goed- · keuring geheg het aari die onderstaande Wet, wat hierby ter algemene inligting gepubliseer word: : · It is hereby notified that the President has assented to the following Act, which· is hereby published for general informa- tion: · · · · · No. 51 van 1994: Rasionaliserings- en Wysigingswet op Bos- . bouwette, 1994. No. 51 of 1994: Forestry Laws Rationalisation and Amend- ment Act, 1994. GOVERNMENT GAZETIE, 7 DECEMBER 1994 No. 16140 3 FORESTRY LAWS RATIONALISATION AND AMENDMENT ACf, 1994 Act No. 51, 1994 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. ACT To provide for the rationalisation of certain laws relating to forestry matters that remained in force in various areas of the national territory of the Republic by virtue of section 229 of the Constitution; to amend the Wattle Bark Industry Act, 1960, so as to redefine certain expressions; to amend the Forest Act, 1984, so as to redefine certain expressions; and to delete certain obsolete provisions; to amend the Management of State Forests Act, 1992, so as to redefine a certain expression; and to provide for matters connected therewith. (English text signed by the President.) (Assented to 23 November 1994.) BE IT ENACfED by the Parliament of the Republic of South Africa, as follows:- , . Repeal of laws, and savings 1. (1) Subject to the provisions of subsection (2), the laws mentioned in the 5 second column of Schedule 1 are hereby repealed as indicated in the third column of Schedule 1 and in Schedule 2, to the extent that such laws were in force in the various areas of the national territory of the Republic as set out in the fourth column of Schedule 1 immediately prior to the date of commencement of the Constitution. • 10 (2) Anything done under a law mentioned in the second column of Schedule 1 and which is capable of being done under a provision of a law mentioned in the second column of Schedule ,3, shall be deemed to have been done under such provision of such law. Extension of application of certain laws 15 2. (1) Subject to the provisions of subsection (2), the laws mentioned in the second column of Schedule 3 which immediately prior to the date of commence ment of the Constitution were in force in the national territory of the Republic, excluding the areas of the national territory set out in the fourth column of Schedule 1, shall, from the date of commencement of this Act, also apply in 20 respect of all the areas of the national territory set out in the fourth column of Schedule 1, to the extent indicated in the third column of Schedule 3. (2) Notwithstanding the provisions of subsection (1), the provisions of Part GOVERNMENT GAZETTE, 7 DECEMBER 1994 No. 16140 s FORESTRY LAWS RATIONALISATION AND AMENDMENT ACT, 1994 Act No. 51, 1994 VIII of the Forest Act, 1984 (Act No. 122 of 1984), mentioned in the second column of Schedule 3, shall apply in respect of the territory of the former Republic of Transkei, from the date contemplated in section 3(2) of this Act. Repeal of Act 15 of 1984 (Transkei) - 5 •.. 3. (1) Subject to the pr~visicms of this-section, the F~restry Council Act, i984 (Act No. 15 of 1984) (Transkei), is hereby repealed. · (2) Subsection (1) shall commence on a date determined by the President by proclamation in the Gazette. . · . . (3) (a) The Minister of. ~ater Affairs and Forestry shall appoint a committee 10 consisting ofthree officers ofthe Department of Water Affairs and Forestry, one of .whom shall be designated by the Minister as chairperson of the committee, to furnish him or her with a report on the winding up of the affairs of the Transkei Forestry Council. , (b) After consideration of,the report of the committee, contemplated in . 15 paragraph (a), the Minister of Water Affairs and Forestry may make such order with regard to the assets and liabilities of the Transkei Forestry Council as he or she, with the concurrence of the Minister of Finance, and after consultations with the Forestry Council referred to in section 47 of the Forest Act, 1984 (Act No. 122 of 1984), deems fit. 20 (4) (a) The Minister of Water Affairs and Forestry may for the efficient carrying out of the Forestry Council Act, 1984 (Act No. 15 of 1984) (Transkei), prior to the date contemplated in subsection (2), by notice in the Gazette, amend or adapt the said Act to regulate its application or interpretation and to reconstitute the Transkei Forestry Council. 25 (b) The Minister of Water Affairs and Forestry may at any time amend or withdraw a notice referred to in paragraph (a) by like notice in the Gazette. Amendment of section 1 of Act 23 of 1960 4. Section 1 of the Wattle Bark Industry Act, 1960, is hereby amended- ( a) by the substitution for the definition of "director-general" of the 30 following definition: " 'director-general' means the Director-General: [Environment Affairs] Water Affairs and Forestry;"; and (b) by the substitution for the definition of "Minister" of the following definition: 35 " 'Minister' means the Minister of [Environment Affairs and Tourism] Water Affairs and Forestry;". Amendment of section 1 of Act 122 of 1984 5. Section 1 of the Forest Act, 1984, is hereby amended- ( a) by the substitution for the definition of "department" of the following 40 definition: " 'department' means the Department of [Environment Affairs] Water Affairs and Forestry;"; (b) by the substitution for the definition of "director-general" of the following definition: " 'director-general' means the Director-General: [Environment Affairs] Water Affairs and Forestry;"; and (c) by the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of [Environment Affairs and Fisheries] Water Affairs and Forestry;". 45 50 Amendment of section 2 of Act 122 of 1984 6. Section 2 of the Forest Act, 1984, is hereby amended by the deletion of subsection (1). GOVERNMENT GAZETIE, 7 DECEMBER 1994 No. 16140 7 FORESTRY LAWS RATIONALISATION AND AMENDMENT ACI', 1994 Act No. 51, 1994 Repeal of section 87 A of Act 122 of 1984 7. Section 87A of the Forest Act, 1984, is hereby repealed. Amendment of section 1 of Act 128 of 1992 8. Section 1 of the Management of State Forests Act, 1992, is hereby amended 5 by the substitution for the definition of .. Minister" of the following definition: " 'Minister' means the Minister of Water Affairs and Forestry except in section 5, where it means the [Minister as referred to in section 1 of the Public Service Act, 1984 (Act No. 111 of 1984)] functionary as referred to in the definition of 'executing authority' in section 1 of the Public Service Act, 1994.". 10 Short title 9. This Act shall be called the Forestry Laws Rationalisation and Amendment Act, 1994. · .· GOVERNMENT GAZETIE, 7 DElCEMBER 1994 No. 16140 9 FORESTRY LAWS RATIONALISATION AND AMENDMENT ACf, 1994 Act No. 51, 1994 SCHEDULE 1 LAWS REPEALED BY SEcTION 1(1) Number and year of law Short title (a) Act No. 23 of 1960 Act No. 44 of1967 Act No. 59 of1974 Wattle Bark Industry Act, 1960 Wattle Bark Industry Amendment Act, 1967 Wattle Bark Industry Amendment Act, 1974 Extent of law repealed The whole ! The whole The whole (b) Act No. 24 of 1986 Wattle Bark Industry Amendment Act, 1986 The whole Area of national territory in respect · or which Jaw is repealed The former Republics of Transkei, Bophu- thatswana, Venda and Ciskei and the former self-governing terri- tories of Lebowa, Gazankulu, Qwaqwa, KwaZulu, KwaNdebele and KaNgwane The former self-govern- ing territories of Lebowa, Gazankulu, Qwaqwa, KwaZulu, KwaNdebele and KaNgwane The former Republic of Bophuthatswana and the former self-governing territories of Gazan- kulu, Qwaqwa and Kwa- Ndebele Regula- tion 6 and regu- lations 9 to 26, to the extent indicated by item 1 of Schedule 2 The whole The whole, except sections 5 and 6 The whole The.whole (c) Proclamation No. 191 of 1967 Trust Forest Regula- tions, 1967 Proclamation No. 340 of 1968 Act No. 72 of 1968 Act No. 37 of 1971 Act No. 46 of 1972 Act No. 45 of 1973 Act No. 57 of 1974 Act No. 36 of1975 Act No. 58 of1976 (d) (e) Forest Act, 1968 Forest Amendment Act, 1971 Forest Amendment Act, 1972 Forest Amendment Act, 1973 Forest Amendment Act, 1974 Forest Amendment Act, 1975 Forest Amendment Act, 1976 (f) Act No. 60 of1969 Transkei Forest Act, 1969 I Act No.6 of 1971 Transkeian Nature Con- servation Act, 1971 Act No.5 of 1972 Act No.7 of 1974 Transkeian General Law Amendment Act, 1972 Transkeian Forest Amendment Act, 1974 The whole The whole The former self-govern- ing territories of Qwaqwa and KwaNdebele The whole The whole The former self-govern- ing territory of KwaNdebele The former Republic of Transkei The whole, except the provisions as indicated by item 2 of Schedule 2 Section 38, to the extent indi- cated by item 3 of Schedule 2 Section 10 Sections 2 and 3 GOVERNMENT GAZETIE, 7 DECEMBER 1994 No. 16140 11 FORESTRY LAWS RATIONALISATION AND AMENDMENT ACf, 1994 Act No. 51,1994 Number and year of law Short title (g) Act No.6 of 1976 Ciskeian Forestry Act, 1976 Area of national territory in respect of which law is repealed The former Republic of Ciskei Extent of law repealed The whole, except the provisions as indi- cated by item 4 of Schedule 2 Act No. 20 of 1985 Forestry Amendment Act, The whole 1985 (Ciskei) (h) Act No. 13 of 1978 Lebowa Forestry Act, 1978 (i) Act No. 15 ofl980 KwaZulu Forestry Act, 1980 Act No.2 of 1990 KwaZulu Forestry Amendment Act, 1990 The former self-govern- ing territory of Lebowa The former self-govern- ing territory of KwaZulu The whole, except the pro- visions as indicated by item 5 of Schedule 2 The whole, except the provisions as indi- cated by item 6 of Schedule 2 The whole - (j) Act No. 16 of 1981 - Forest Act, 1981 (Venda) The whole, except the provisions as indicated by item 7 of Schedule 2 The former Republic of Venda " (k) Act No.4 of 1981 KaNgwane Forestry Act, 1981 ' . " The former self-govern- ing territory of KaNgwane . The whole, except the provisions as indicated by item 8 of Schedule 2 GOVERNMENT GAZE1TE, 7 DECEMBER 1994 No.16140 13 FORESTRY LAWS RATIONALISATION AND AMENDMENT ACf, 1994 Act No. 51, 1994 SCHEDULE 2 EXTENT OF REPEAL OF CERTAIN LAWS 1. Trust Forest Regulations, 1967 (Proclamation R.191 of 1967) Regulations 9 to 26 inclusive, only in so far as they relate to land set aside as a reserved forest or plantation under Regulation 6. 2. Transkei Forest Act, 1969 Except- ( a) section 2(1)(/) in so far as it relates to the protection of trees on land which is not a Government forest; (b) section 7 in so far as it relates to trees contemplated in this section on land which is not a Government forest; (c) section 8; (d) section 23 read with section 2(1)(/) in so far as it relates to the ' protection of trees on land which is not a Government forest; (e) section 24 read with section 7(4) in so far as it relates to trees contemplated in section 7(4) on land which is not a Government forest; and (f) section 26. 3. Transkeian Nature Conservation Act, 1971 Section 38 only in so far as it amends the Transkei Forest Act, 1969, in Part 2 of Schedule 16. 4. Ciskeian Forestry Act, 1976 Except- ( a) section 2(1)(/) in so far as it relates to the protection of trees on land which is not a Government forest; (b) section 7 in so far as it relates to trees contemplated in this section on land which is not a Government forest; (c) section 8; (d) section 24 read with seCtion 2(1)(/) in so far as it relates to the protection of trees on land which is not a Government forest; and (e) section 25 read with section 7(5) in so far as it relates to trees contemplated in section 7(5) on land which is not a Government forest. S. Lebowa Forestry Act, 1978 Except- ( a) section 2(1)(/) in so far as it relates to the protection of trees on land which is not a Government forest; 1 (b) section 7 in so far as it relates to trees contemplated in this section on land which is not a Government forest; (c) section 8; (d) section 24 read with section 2(1)(/) in so far as it relates to the protection of trees on land which is not a Government forest; and (e) section 25 read with section 7(5) in so far as it relates to trees contemplated in section 7(5) on land which is not a Government forest. 6. KwaZulu Forestry Act, 1980 Except- (a) section 2(1)(1) in so far as it relates to the protection of trees on land other than a Government forest; (b) section 7 in so far as it relates to trees contemplated in this section on land other than a Government forest; (c) section 8; (d) section 26 read with section 2(1)(/) in so far as it relates to the protection of trees on land other than a Government forest; and GOVERNMENT GAZETIE, 7 DECEMBER 1994 No. 16140 15 FORESTRY LAWS RATIONALISATION AND AMENDMENT ACf, 1994 Act No. 51,1994 (e) section 27 read with section 7 in so far as it relates to trees contem plated in section 7 on land other than a Government forest. 7. Forest Act, 1981 (Venda) Except- ( a) section 2(1)(/) in so far as it relates to the protection of trees on land which is not a Government forest; (b) section 7 in so far as it relates to trees contemplated in this section on land which is not a Government forest; (c) section 8; (d) section 24 read with section 2(1)(/) in so far as it relates to the protection of trees on land which is not a Government forest; and (e) section 25 read with section 7(5) in so far as it relates to trees contemplated in section 7(5) on land which is not a Government forest. 8. KaNgwane Forestry Act, 1981 Except- (a) section 2(1)(/) in so far as it relates to the protection of trees on land other than a Government forest; (b) section 7- in so far as it relates to trees contemplated in this section on land other than a Government forest; (c) section 8; (d) section 26 read with section 2(1) (I) in so far as it relates to the protection of trees on land other than a Government forest; and (e) section 27 read with section 7 in so far as it relates to trees contem plated in section 7 on land other than a Government forest. GOVERNMENT GAZElTE, 7 DECEMBER 1994 No. 16140 17 FORESTRY LAWS RATIONALISATION AND AMENDMENT ACf,1994 Act No. 51,1994 SCHEDULE3 EXTENSION OF THE APPLICATION OF CERTAIN LAWS BY SECTION 2 Number and year or law Short title Extent of extension or appllca· tion Act No. 23 of 1960 Wattle Bark Industry Act, 1960 The whole Act No. 122 of 1984 Forest Act, 1984 The whole, except sections 13 and 14, Part IX, section 73(1)(b) and (g) and section 75(4) Act No. 128 of 1992 Management of State Forests Act, 1992 The whole
