National Forest and Fire Laws Amendment Act
This section amends definitions of “State land” and “trust forest.”
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 12 of 2001
- Version
- Undated source snapshot
- Language
- en
- Updated
- Official source
- View official record ↗
Publicly available, excluded from search-engine indexing
This page remains available for direct access and API use, but this release emits
noindex,follow for the following reason:
- The record does not meet this release's canonical indexing criteria.
(market-indexing-disabled)
Statute overview
About this statute
This section amends definitions of “State land” and “trust forest.” This amendment says no person may interfere with or deal in indigenous living trees in a natural forest, unless covered by a licence or a published exemption. It also lets the Minister license some of those activities. This text amends section 10 of the National Forests Act, 1998 by replacing part of the wording in subsection (1). No person may cut, damage, possess, remove, or deal in a protected tree or products from it unless a licence is granted by the Minister. This provision amends section 18 of the National Forests Act, 1998 by substituting subsection (1).
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of National Forest and Fire Laws Amendment Act
Showing 17 of 17
- 1 Verify source ↗
Section 2 o f the National Forests Act. 1998. is hcr.eb)~ amended-
AI-assisted research summary: This section amends definitions of “State land” and “trust forest.”
1. Section 2 o f the National Forests Act. 1998. is hcr.eb)~ amended- (cr) by the substitution for the d~finition of "State land" of the following 5 definition: I irl the national or a pro\,incial '' 'State land' ~ncans land which vests zovermnent- ( u i including- - ( i i land held i n trust by the Mlnister of Land Affairs 01- the 10 Ingonyama reien-ed to i n the KwaZulu Ingonyama Trust Act. 1994 (KwaZulu Act KO. 3 of i993): and ( i i ) land which is n c : ~ t oumed by t k Statebut is managed bv the or jointly with national or a pro\,incial go\~ernment exclusi\~ely the owner in terms of an agreement: but 15 ( / I ) cxcluding land belonging to a municipality:": and ( 1 7 ) by the substitution for the ciefinition of "trust forest" of the following definition: " 'trust forest' means Sta:e land which- ( a ) was reserved for forestry or declared as demarcated State forest or a similar status in tel-nls of any previous forest legislation; and 5 ( h ) has at any time vested in- (i) the South African Development Trust established by section 4 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936): (ii) the government of any area for which a legislative assembly 10 was established Constitution Act, 1971 (Act No. 21 of 1971); or in terms of the Self-governing Territories (iii) the governmer.ts of the former Republics of Transkei, Bophuthatswana: Venda and Ciskei, despite any subsequent ,withdrawal. retraction status of the forest as resewed or demarcated, the boundaries being those which [applied when first demarcated or, failing demarcation, first reserved for forestry] were most recently surveyed or otherwise accurately dtscribed in terms of any law;". the forest was or amendment of the 15 Amendment of section 7 of Act 84 of 1998 20 - 2 Verify source ↗
Section 7 of the National Forests A'zt, 1998, is hereby amended-
AI-assisted research summary: This amendment says no person may interfere with or deal in indigenous living trees in a natural forest, unless covered by a licence or a published exemption. It also lets the Minister license some of those activities.
2. Section 7 of the National Forests A'zt, 1998, is hereby amended- ( a ) by the substitution for subsection (1) of the following subsection: " ( I ) No person may- - ( a ) cut, disturb, damage or destroy any indigenous. living tree in [or remove or receive any such tree from] a natural f o r e s t s 25 ( 0 ) possess. collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any tree, or any forest product derived frorr a tree contemplated in paragraph (a), except in terms of- [(a)]@ a licence issued tinder subsection (4) [@)I(& an exemption from the provisions of this subsection published by the Minister in the Gazette on the advice of the Council."; and or section 23; or 30 (0) by the substitution for subsection (4) of the following subsection: "(4) The Minister may [issue a licence to cut, damage or destroy 35 any indigenous, living tree in, or remove or receive any such tree from, a natural forest] license one or more of the activities referred to in paragraph ( a ) or ( b ) of subsection (12.". Amendment of section 10 of Act 84 of 1998 - 3 Verify source ↗
Section 10 of the National Forests Act. 1998, is hereby amended by the substitution 40
AI-assisted research summary: This text amends section 10 of the National Forests Act, 1998 by replacing part of the wording in subsection (1).
3. Section 10 of the National Forests Act. 1998, is hereby amended by the substitution 40 in subsection ( I ) for paragraph ( e ) of the following paragraph: " ( ( 2 ) i n terms of an exemption under section [7(l)(b)] ?(l)(b)(ii) or 34(6): or". Amendment of section 15 of Act 84 of 1998 - 4 Verify source ↗
Section 15 of the National Forests Act, 1998, is hereby amended by the substitution
AI-assisted research summary: No person may cut, damage, possess, remove, or deal in a protected tree or products from it unless a licence is granted by the Minister.
4. Section 15 of the National Forests Act, 1998, is hereby amended by the substitution subsection for 45 ( 1 ) of the following subse'3tion: "( 1 ) No person may- ( c t ) cut. disturb. damage 0' destroy [or remove] any protected tree: or ( b ) possess. collect. remove. transport. export, purchase. sell. donate or in any other manner acquire or dispose of any protected tree, or any forest product derived a protected tree. 50 from except under a licence granted by the Minister.". Amendment of section 18 of Act 84 of' 1998 - 5 Verify source ↗
Section 1 8 of the National Forests Act. 1998. is hereby amended by the substitution
AI-assisted research summary: This provision amends section 18 of the National Forests Act, 1998 by substituting subsection (1).
5. Section 1 8 of the National Forests Act. 1998. is hereby amended by the substitution for subsection ( I ) of the following subsection: Amendment of' section 23 of' Act 81 of 1998 - 6 Verify source ↗
Section 23 oithe National Forests Act. 1998. is hereby amended b\ the substitution
AI-assisted research summary: This section says a person needs a licence for licensed activities in a State forest, and a licensee must pay the licence fee unless an exception applies.
6. Section 23 oithe National Forests Act. 1998. is hereby amended b\ the substitution 5 for subsection (3) of the following subsection: "(2) No person may engage in any activity i n a State forest for which a licence is required without such a licence. unless he or she- [he or she] is exempted under section 24 (6): ( ( 1 ) ( b ) [he or she] is acting in the scope of his 01- her employment or mandate as an I0 officer. employee 01- agent of the Department; I C ) [he or she] has a right to (engage i n the activity i n terms of the Interim Protection of informal Land Rights Act. 1996 (Act No. 3 1 of 1996): Id) performs the acti\,ity i n terms of a contract contemplated i n paraFraph (17) of section 23(4).". 15 Amendment of section 24 of Act 84 of 1998 7. ( 1) Section 33 of the National Forests Act. 1998. is hereby amended- ( 0 ) by the substitution for subsection (3j of the following subsection: "13) ,4 licensee must pay the licence fee. unless- (rri he or she has enters-d into a lease agreement under section (11) he or she is a purchaser i n terms of an agreement referred [26]1-7: 20 to i n ((.) section 28( I ) : i t is a community which has entered into an agreement under section 30: [or] ( d ) the licensee is unable to pay and qualifies for exemption i n terms of 25 ( e i criteria set by the M i n i s t e r s the tariff referred to in section 5 5 i a J does not prescribe a licence fee for the activity concerned."; and ( h ) by the substitution for subsec.tion (9) of the following subsection: "(9) Nothing in this Act prohibits [or affects] the grant in terms of any 30 law of a right to prospect for. mine or dispose of any mineral as defined i n the Minerals Act. 199 1 (Act Eo. 50 of 1991). or any source material as defined in the Nuclear Energy Act. 1993 (Act No. 131 of 1993). i n a State forest but- - ( a ) the holder of such ;I right may not [cut, disturb, damage, destroy 35 or remoye an?; forest producc] do anything which requires licence i n terms of section 23 without a licence; a ( h j the grant of any such right after the commencement of the National Forest and Fire Laws Amendment Act. 2001. must be made sub.ject to the principles se;. out in section 3 ( 3 ) of this Act.". 40 iirnendment of section 28 of Act 84 of 1998 - 8 Verify source ↗
Scction 2s of the National Fol-csti. Act. 1998. i c Ilereby amended-
AI-assisted research summary: This amendment lets specified forestry-related actors enter timber-sale agreements and allows either party to end the contract on notice, subject to listed exceptions.
8. Scction 2s of the National Fol-csti. Act. 1998. i c Ilereby amended- ( a i b! the substitution i n subsection ( I ) of the follov,ing sub\ection: "( 1 i a l The hlinistcr: ( 0 ) a person \s.ho has entered into a I c a x agreement under section 45 27: ( c j a pafly to 3 communit)r forestry agreement entered into under section 30: or id) the South .4frican Forestry Company Limited. ma!' e n t a into a n agreenent to sell timber or any other forest produce in 5 0 or deri\ted from a State forest to an)' other person.": ( h ) by the substitution in subsection ( 2 ) for paragraph ( a i of the f o l l ~ u ~ i n g paragraph: '.lo) allour for ternmination of the contract at any time after i t comes into effect b), either parry on a period of notice which is not more than 5 5 fi\$e years. unless-- - ( i \ the Minister a2rees to ;I longcr period of notice; ( i l ) the contract t:ndures for a total period of five years or less. including an>’-periods for which the contract may be renewed: or - ( i i i ) the contract i? for a once-off sale of timber or other forest ( c i by the substitution paragraph: ploduce whicl;~ has been harvested at the time of the sale:“: and in subsxtion ( 5 ) for paragraph cfi of the following “ ( f ) [the termination of the agreement in terms of subparagraph (i) of paragraph ( a ) ] im act or omission by either party in terms of this subsection is not a breach of the agreement.”. Amendment of section 50 of Act 84 of 1998 - 9 Verify source ↗
Section SO of the National Forests A c t , 1998, is hereby amended by the substitution
AI-assisted research summary: The Minister may reserve State land that is not a State forest for forestry, but only if the listed agreement conditions are met.
9. Section SO of the National Forests A c t , 1998, is hereby amended by the substitution for subsection (1) of the following sub:.ection: “(1) The Minister may reserve State land [which is not a State forest] for forestry if- ( a ) in the case of State land held KwaZulu Ingonyama Trust authority with the necessary power in terms of that Act agrees; to in the ,:kt, 1994 (KwaZulu Act No. 3 of 1994), the in trust by the Ingonyama referred ( b ) in the case of State land. other than land referred to in paragraph (a), which has at any time vested in- (i) the South African Development Trust established by section 4 of the Development Trust and Land Act. 1936 (Act No. 18 of 1936); or the government established in terms of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971); or the governments of the former Republics of Transkei. Bophuthatswana. Venda and Ciskei. for which a legislative assembly was of any area (ii) (iii) 5 I O 1s 20 25 the Minister of Land Affairs agrees; ( c ) in the case of State land which is not owned by the State hut is managed by the national or a provincial government exclusively or jointly with the owner in terms of an agreement, the owner agrees: ( d ) in the case of State land. other than land referred to in paragraphs (a), ( b ) and 30 (c). the Minister of Public Wclrks agrees.”. Amendment of section 54 of Act 84 of’ 1998 - 10 Verify source ↗
Section 53 of the National Forestc Act. 1998.
AI-assisted research summary: The Minister must publish the regulations in final form in the Gazette and then table them in Parliament within 30 days, or within 30 days after the next parliamentary session starts if Parliament is not in session.
10. Section 53 of the National Forestc Act. 1998. is hereby amended- ( a ) by the substitution for subsection (2) of the following subsection: 35 “ ( 2 ) ( a ) After amend the draft regulations: and (i) (ii) subject to subsectior~s (3) to (8). publish the regulations in final foml in the Gazette. i h ) The repulations arc effective from the date the hlinister publishes L them in the Garerre in terms of paraeraph fa).”: and (0) by the substitution for subseci.ion (3) of the following subsection: ‘ . ( 3 ) The Minister mu!;t table the regulations in Parliament. together v,rith any written commcnts and advice received subsection ( 1 )- ( a ) uJithin 30 days after publishing them in terms of subsection ( 2 ) ; or (0) if Parliament is not then in session. within 30 days after the next on them purwant to 45 session starts.’’ Substitution of section 55 of Act 83 of 1998 SO - 11 Verify source ↗
The following section is hereb), substituted for section 55 of the National Forests
AI-assisted research summary: The Minister may, with the Minister of Finance’s consent, issue tariffs for licence fees and charges under the Act.
11. The following section is hereb), substituted for section 55 of the National Forests Act. 1998: ‘‘Tarills and charges 5 5 . The Minister.may. w t h the consent of the Minister of Finance- i c i ) 111 rchpect 01' [any] Stale [f'orest] i'orcsth. issue [a tariff1 tal-ift's of [licence] fees [which may w r y according to circumstances] for licences issued i terms of this Act: ( / I ) i s w e [the taritfl tariffs of chayes [to be paid] for [any]- n I__ ti) [product] forcst produce o r forest pIoducts del-ived from State - ( i i - forests and sold hy 311 o y a n of State: or [service] ser\.icek, rendered by [an oficer or employee] officers or employees of 1he Department or by [a member] members of the panel refen-ecl to i n section 45.". _ _ _ ~ -4rnendment of section 62 of Act 84 of 1998 - 12 Verify source ↗
Section
AI-assisted research summary: This section amends section 61 of the National Forests Act to restate a prohibition and make breach a first category offence.
12. Section 61 of the National Forests Act. 1998. is hereby amended substitution i n subsection (2) fol- paragraph ( c ) o f the following paragraph: by the " ( c ) the prohibition on- (i) ( i i ) the cutting. distu~-bancc. damage protected trees referred to in section 15[1)(a); or [the prohibition export. purchase or sale cuf protected trees, or any forest product derived fl-om a protected tree. relerred to in.section 15(1 )(hi, on] t h e possession, collection. removal. transport. % destruction [or removal] of is guilty of a fil-sr category offence.". .4rnendment of Schedule 1 to Act 84 of 1998 - 13 Verify source ↗
Schedule 1
AI-assisted research summary: This provision amends Schedule 1 by replacing the reference to “section 34” in the third column with “section 35”.
13. Schedule 1 t o the National Forests Act. 1998, is hereby amended by the substitution for the expression "section 34" in the third column of the expression "section 35". Amendment of section 5 of Act 101 of 1998 - 14 Verify source ↗
Section 5 of the National Veld and Forest Fire Act, 1998. is hereby amended-
AI-assisted research summary: Section 5 is amended to require coordination mechanisms with adjoining fire protection associations in fire plans and to change the rule on appointing a fire protection officer.
14. Section 5 of the National Veld and Forest Fire Act, 1998. is hereby amended- ( N ) by the xubstitution paragrqA: in subsection ( 1 ) for paragraph (bj of the following " ( b J provide in the strategy for agreed rnechanis~ns for the co-ordination of actions with adjoining fire protection associations [in the event of a fire crossing boundaries]:": and ( h ) b!. the substltution in subseLtion ( I ) for paragraph ( I ) of the following paragraph: .'(/I appoint a tire protcction officer. unless [a municipality is a member] there is a chief fire officer as contemplated i n section 6 ( l ) ( a ) who is willin, to assume the powers and duties of a tire protection officer.". .L\mendment of section 5 of Act 101 of 1998 - 15 Verify source ↗
Section 6 of the National Veld and Forest Fire Aci. 1998. is her&). amended by the
AI-assisted research summary: This amendment requires the fire protection officer to be appointed from among the chief fire officers in the specified cases.
15. Section 6 of the National Veld and Forest Fire Aci. 1998. is her&). amended by the sub\titution for subsection 19) of the following subsection: "('2) \%'here- ( ( / ) a municipalit> is a member anti has a s e n i c e . o r \ \ k r e a designated service is a member. thr chief fire oflice,- is 1111' lire prolection officer unless he or she declines the position: ( h , a fire protection association has as members more than one entit>) ha\.ing a chief fire oficer willinz to assume the powers and duties of the fire protection otficer. the fire protection officer must be [elected as prescribed] appointed f r o m among those chief fire officers.". Amendment of section 9 of Act 101 of 1998 - 16 Verify source ↗
Section 9 ofthe Kational Veld and Forest Fire Act. 199s. i s hereby amended by the
AI-assisted research summary: This amendment changes the factors and steps used to assess fire danger for each region.
16. Section 9 ofthe Kational Veld and Forest Fire Act. 199s. i s hereby amended by the substitution i n subsection (4) for paragraphs I N ) and ( 1 7 ) of the following paragraphs: " ( a ) take into account the rele\,ant peculiarities of each region. including, where re:isonably possible7 the topography; ( I ) Act No. 12. 2001 KATIONAL FOREST AND FIRE LAM’S A\IENI)hlENT ACT. 1011I c y l e : the type of vegetation i n the area: (ii) (iii) the seasonal climatic iiv) typical weather conditions: (v) recent weather conditions: (vi) [where reasonably possible,] current weather conditions; (vii) forecasted weather conditions: and (viii) any other relevant matter; (bj incorporate the formula or formulae needed to- into account [all] factors affecting the fire danger for each region; (i) take (ii) calculate the indicators needed (iii) rate the fire danger in each region for an appropriate period or periods;” to rate the fire danger; 5 10 Amendment of section 21 of Act 101 of 1998 - 17 Verify source ↗
Section 21 of the National Veld and Forest Fire Act. 1998, is hereby amended-
AI-assisted research summary: The Minister must table the regulations in Parliament within 30 days after publishing them, and the regulations take effect when published in the Gazette.
17. Section 21 of the National Veld and Forest Fire Act. 1998, is hereby amended- ( a ) by the substitution for subsecl.ion (2) of the following subsection: (ii) subject to subsections (3) to (8), publish the regulations in final form in the Gazette. (b) The regulations are effective from the date the Minister publishes them in the Eazette in telms of paragraph (a).”; and ( b ) by the substitution for subsection (3) of the following subsection: “(3) The Minister must table the regulations in Parliament together 20 with any written comments and advice received on them pursuant to subsection (1)- ( a ) within 30 days after publishing them in terms of subsection (2); or 25 (6) if Parliament is not then in session, within 30 days after the next session starts.”. Short title - 18 Verify source ↗
This Act is the National Forest and Fire Laws Amendment Act, 2001
AI-assisted research summary: This section states the Act’s title: the National Forest and Fire Laws Amendment Act, 2001.
18. This Act is the National Forest and Fire Laws Amendment Act, 2001
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
National Forest and Fire Laws Amendment Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in