National Forests Act

30 October 1998 No. 1388. 30 Oktober 1998 It is hereby notified that the President has assented to the following Act which is hereby published for general information:— Hierby word bekend gemaak dat die President sy goed- keuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:— No. 84 of 1998: National Forests Act, 1998. No. 84 van 1998: Nasionale Wet op Bosse, 1998. 2 No. 19408 Act No. M, 1998 GOVERNMENT GAZE~, 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 . ... .-_. _ . . . . . . . . . . . .--— .--.-, --- -.:- :--- ‘i” :’~.~fi~’f’ ;.,,. :... 7 ;l,~,. ,... ~ :,;,: MS:”: ... .’, f. ~. . . . . . ..-- —--- ‘-””--–” ““GENE”fiL EWLANATORY NOTE: ~,.t$.” ,.” ,.- . [:1 Words in bold type in square brackets indicate omissions from . existing enactments. i Words underlined with a solid line indicate insertions in existing enactments. ,,”;.. F:2!.. -_. _-. __— ------ .. - ~ ; ‘..” ,; ,-~ .-; ;; ;;;:~:.,~~:i:., ; ,+;.,, Al. ?,,, . . . . . . . ~ -V, l.. !! ,<.; . . . _ _ _ ..---— - - - -- ,— — - - - — --— .’ ., .. -“,. ,., (~g(~sh tpt signed by the President.) i. _.(4sente~,to 200ctober 1998.) ACT To reform the law on forests; to repml cetiin matters. laws; and to provide for related Parliament recognises that— P&~M’BLE J f.-, ~ , . . -, ,, .,. .-! * evervone has the constitutional right to have the environment protected * * * * * for ~he benefit of present and futu~e generations; natural forests and woodlands form an importint part of that environ- ment and need to be conserved and developed according to the principles of sustainable management; plantation forests play an importint role in the economy; plantation forests have an impact on the environment and need to be managed appropriately; the State’s role in forestry needs to change; and the economic, social and environmental benefik of forests have been distributed unfairly in the past. Parliament therefore enacts the fo!lowing law: ARRANGEMENT OF ACT CHAPTER 1 INTRODUCTORY PROVISIONS 1. 2. Purposes Interpretation 4 No. 19408 Act No. U, 1998 GOVEWMENT GAZETTE, 30 OCTOBER 1998 . i NATIONAL FORESTS ACT, 1998 CHAPTER 2 SUSTAINABLE FOREST MANAGEMENT Part 1 Management 3. 4. Principles to guide decisions affecting forests Promotion and enforcement of sustainable forest management Part 2 Research, monitoring and reporting 5. 6. Promotion of research Duty [o monitor forests and disseminate information CHAPTER 3 SPECML MEASURES TO PROTECT FORESTS AND TREES Part 1 Prohibition of destruction of natural forests 7. Prohibition of destruction of trees in natural forests Part 2 Protected areas Power to set aside protected areas Procedure for declaring protected areas Effect of setting aside protected areas Management of protected areas Part 3 Protection of trees Declaration of trees as protected Normal procedure for declaring protected trees Emergency procedure for protecting trees Effect of declaration of protected trees Registration against title deeds Part 4 Measures to control and remedy deforestation Power to declare controlled forest areas Right to apply for protection 8. 9. 10. 11. 12, 13. 14. 15. 16. 17. 18. CHAPTER 4 USE OF FORESTS Part 1 Access for recreation and related purposes 19. 20. 91-. Access to State forests for recreation, education. culture or spiritual fulfillment Regulation of access to State forests Access to forests other than State forests 10 15 30 35 6 No. 19408 Act No. M, 1998 GOVEWENT G~, 30 mBER 1998 ,. ~,: y NA~ONAL FOMSTS Am, 1998 Part 2 Vesting and granting of rights to use Sme forests 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Vesting of rights Activities which may be licensed in State forests Requirements for licensing Amendments, suspensions and cancellations Servitudes in State forests Leasing of State forests Agreements to sell forest produce in State forests Part 3 CommuniQ foresm Offers to enter into community forestry agreements Conclusion of community forestry agreements Content of comunity forestry agreements Assistance for community forestry CHA~ER 5 INSTI~TIONS Part 1 10 15 National Forests Advisoq Council Establishment and objects of National Forests Advisory Council Constitution of Council Conditions of appointment to Councd Committees of Council Meetings of Council Funding of Council Staff of Council Report by Council Part 2 National Forest Recreation and Access Trust Establishment and objects of National Forest Recreation and Access Trust 30 Powers and duties of Minister as trustee Administration of Trust funds Reports by Minister as trustee Part 3 Panel of facilitators, medbtors and arbitrators 45. Establishment of panel CHA~ER 6 ADMINISTRATION OF ACT Part Z General powers and duties of Minister 46. 47. 48. 49. 50. 51. 52. Development and implementation of policy Assignment of powers and duties Delegation of powers and duties Expropriation of property Reservation of State land for forestry Performance of functions on other land Extensions 35 40 45 8 NO. 19408 Act No. 84, 1998 GOVERNMENT GmEnE, 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 53. 54. j5. Content of regulations Procedure for making regulations Tariffs and charges Part 2 General powers and duties of Director-General j6. 57. Powers and duties Transfer of officers and employees CHAPTER 7 OFFENCES AND PENALTIES Part 1 Sentencing 58. 59. 60. Penalties Compensator> orders in criminal proceedings Award of part of fine reco~ered to informant Part 2 Offences 61. 62. 63. 64. 65. 66. 67. 68. 69. Offences relating to sustainable forest management Offences relating to protection of forests and trees Offences relating to use of forests Offences in relation to enforcement CHAPTER 8 ENFORCE}IENT Appointment of forest off]cers General powers of forest oficers Power to enter and search Power to seize Pow er to arrest CHAPTER 9 GENERAL AND TRANSITIONAL PROJ’ISIONS Part 1 Miscellaneous Documents and steps valid under certain circumstances 70.

71. Deliver! of documents 72. Publication of notices in media Repeal and amendment of laws, savings, short title and commencemeFzt Part 2 Repeal of laws 73.

74. S a v i n gs 75. Amendment of section 1 of Act 128 of 1992

76. Substitution of section 3 of Act 128 of 1992 Repeal of section 4 of Act 128 of 1992 77. .4mendment of Act 51 of 1994 78. 79, Short title

80. Commencement 1 I 10 30 35 40 10 No. 19408 Act No. 84, IW8 SCHEDULES GOVERNmT G~~, 30 WTOBER 1998 NATIONAL FORESTS ACT, 1998

1. Repeal of laws by section 73 2, Amendments of Act 51 of 1994 by section 78 CHAPTER 1 I INTRODUCTORY PROVISIONS 5 This Chapter sets out the purposes for which this Act is passed. It defines important words and terms used in the Act and guties its interpretation. Purposes

75. Section 1 of the Management of State Forests Act. 1992. is amended by the substitution for the definition of “Forest Act’. of the following definition: “ ‘Forest Act. means the [Forest Act, 1984 (Act No. 122 of 1984)] National Forests Act. 1998:’.. Substitution of section 3 of Act 128 of 1992 ~~ 30 35 40

76. The following section is substituted for section 3 of the Management of State Forests Act, 1992: “Objects of Company

3. The objects of the Company are the development in the long term of the forestrY in~ustrY according to accepted commercial [management]@ 45 en~ironmental practice.”. 76 No. 19408 GOVERNMENT GAZE~E, 30 OCTOBER J 998 Act No. 84,1998 NATIONAL FORESTS ACT, 1998 Repeal of section 4 of Act 128 of 1992 77. (1) Section 4 of the Management of Svdte Forests Act, 1992, is repealed. (2) Agreements entered into in terms of section 4 which are valid at the commencement of this Act continue on the same terms subject to the following: (a) (b) (c) (d) (e) u) The right of access referred to in sections 19 and 20 of this Act applies to State 5 forests to which such agreements relate. The South African Forestry Company Limited does not own or have a right to acquire ownership or ninety-nine year leasehold of any State forest. The parties may amend the existing agreements or enter into a new agreement or agreements replacing the existing agreements, save that any right to use a 10 State forest in terms of a new agreement must be granted in terms of Chapter 4. The South African Forestry Company Limited is deemed to be licensed under section 23 to carry on the activities allowed by the existing agreements for as long as the agreements remain in force. No license fee is payable by the South African Forestry Company Limited as a result of paragraph (d) if it pays rent in terms of the existing agreements. Powers and duties of the Director-General in terms of the Forest Act, 1984, (Act No. 122 of 1984), and the regulations made in terms of that Act, which have been delegated or assigned to the South African Forestry Company 20 Limited in terms of the existing agreements and which— (i) exist under a corresponding provision in this Act. are deemed to have been delegated or assigned to the South African Forestry Company Limited under section 47 or 48; 15 (ii) do not exist under a corresponding provision in this Act, no longer vest 25 in the South African Forestry Company Limited. Amendment of Act 51 of 1994

78. The Forest~ Laws Rationalisation and Amendment Act, 1994, is amended on the basis set out in Schedule 2. Short title

79. This Act is the National Forests Act, 1998. Commencement

80. This Act t&es effect on a date fixed by the President in the Ga:ette. 30 78 No. 19408 GOVERNMENT GU~, 30 O~OBER 1998 Act No. 84,1998 NA~ONAL FORESTS ACT, 1998 SCHEDULE 1 [Section 73] Number and yar of law Act No. 122 of 1984 Short title Forest Act, 1984 Extent of repeal The whole, save for sections 7, 8, and 9 and the provisions referred to in section 73(2) of this Act and section 34 of the National Veld md Forest Fire Act, 1998 Act No. 52 of 1987 Act No. 90 of 1987 Act No. 14 of 1988 .4ct No. 25 of 1989 Act No. 53 of 1991 Act NO. 85 of 1991 Act No. 108 of 1991 Act No. 54 of 1992 Act NO. 129 Of 1993 Forest Amendment Act. 1987 The whole Forest Second Amendment Act, 1987 The whole Forest Amendment Act, 1988 The whole Forest Amendment Act, 1989 The whole Forest Amendment Act, 1991 The whole, save for the provi- sions referred to in sdtion 73(2) of this Act. Post Office Amendment Act. 1991 SectIon 78, only in so far as it amends the Forest Act. 1984 I Abolition of Racially B&sed tid Measures Act, 1991 The Conversion of the Tweefontein Timber Compmy Limited Act, 1992 General Law Third Amendment Act, 1993 Section 43 The whole Sections 59 and 60 Act NO. 63 of 1995 Forest .4mendment Act. 1995 The whole 80 No. 19408 GOVERNMEh’T GAZE~E. 30 OCTOBER 1998 Act No. ~, 1998 NATIONAL FORESTS ACT. 1998 SCHEDULE 2 [Section 78] Amendments to Act 51 of 1994 Amendment of section 2 of Act 51 of 1994

1. The purposes of this Act are t- (a) promote the sustainable management and development of forests for the 10 benefit of all; (b) create the conditions necessary to restructure forestry in State forests; (c) provide special measures for the protection of certain forests and trees: (d) promote the sustainable use of forests for environmental, economic. educational. recreational, cultural, health and spiritual purposes: (e) promote community forestry; (~) promote greater participation in all aspects of forestry and the forest products industry by persons disadvantaged by unfair discrimination. Interpretation 2. ( 1 ) In this Act, unless inconsistent with the context— 15 20 (i) (ii ) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii ) (xiii) “biological diversity’. means genetic diversity. species diversity and ecosys- tem diversity; (iii) ‘. Committee for Sustainable Forest Management” means the committee established in terms of section 36(3)(a); (XXV) “Committee on Forest Access’. means the committee established in terms of 25 s e c t i o n 36(3)(b); (xxiv) “ ‘community’. means a coherent, social group of persons with interests or rights in a particular area of land which the members have or exercise communally in terms of an agreement, custom or law: (xix) ‘community forestry” means forestry by a community in terms of an 30 agreement referred to in sections 30 and 31: (XX) ‘. Council’. means the National Forests Advisory Council. established by section 33; (xXxii) “Department” means the national Department which has responsibility for forests: (xii ) “Director-General” means the Director-General of the Department; (xvi) ‘ecosystem” means a system made up of a group of living organisms. the relationship between them and their physical environment: (xvii) ‘forest” includes— (a) a natural forest, a woodland and a plantation; (b) the forest produce in it; and (c) the ecosystems which it m~es up; (vi) “forest management unit” means an area of land on all or on part of which there is forest and which is managed as an integrated unit; (viii) “forest officer” means a person des~ated or appointed as a forest officer 45 under section 65; (vii) “forest produce” means anything which appears or grows in a forest, including— (a) any living organism, and any product of it, in a forest; and (b) inanimate objects of mineral, historical, anthropological or cultural 50 40 35 value: (x) (xi\) .’forest product” means an object or substance made from forest produce by a mechanical or chemical process: (xi) 12 No. 19408 Act No. W, 1998 GOVERNMENT GUE~E. 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) (xxvii) (xxviii) (xxix) (xxx) “forestry” means the management of forests, including the management of land which is not treed but which forms part of a forest management unit; (ix) “habitat” means the place where a plant or animal naturally grows or lives; (xxi) “indigenous” means indigenous to South Africa: (xxiii) “Minister” means the Minister to whom the President assi&ns responsibility for forests in terms of section 91(2) of the Constitution; (xxvi) “municipality” means a local council, a metropolitan council, a metropolitan local council, a representative council, a rural council or a district council as defined in section 10B of the Local Government Transition Act, 1993 (Act No. 10 209 of 1993), and any successor to such a council: (xxvii) “natural forest” means a group of indigenous trees— (a) whose crowns are largely contiguous: or (b) which have been declared by the Minister to be a natural forest under 5 section 7(2): (xxviii) “organ of State” means— (a) any department of State or administration in the national, provincial or local sphere of government; and (b) any other functionary or institution exercising a public power or performing a public function in terms of anY le~islation. but excluding a court or judicial officer: (xxxv) “person” includes a juristic person and a community; (xxix) ‘-plantation” means a group of trees cultivated for exploitation of the wood. bark, leaves or essential oils in the trees; (xxx) ‘prescribe’. means prescribe by regulation; (xxxviii) “previous forest legislation” means— (a) the laws referred to in the Schedule to the Forest Act. 1913 (Act No. 16 of 1913); (b) the Forest Act, 1913 (Act No. 16 of 1913): (c) the Forest (Demarcation) Act, 1917 (Act No. 14 of 1917): (dJ the regulations made in terms of the De~lelopment Tmst and Land Act. 1936 (Act No, 18 of 1936), and published in Government Notice No. 494 of 2 April 1937: 15 ~o 25 30 (e) the Forest Act, 1941 (Act No. 13 of 1941): @ the regulations made in terms of the Black Administration Act, 1927 (Act 35 No. 38 of 1927), and the Development Trust and Land Act. 1936 (Act No. 18 of 1936), and published in Government Notice No. R191 of 8 September 1967; (g) the Government Notices referred to in regulation 27 of the Government Notice referred to in paragraph (~): 40 (It) the Forest Act, 1968 (Act No. 72 of 1968); (i) the laws referred to in column 1 of Schedule 1 to the Forestry Laws Rationalisation and Amendment Act. 1994 (Act No. 51 of 1994): (j) the laws referred to in Schedule 1 to this Act: (k) any other law which allowed for the demarcation of forests or the 45 acquisition or reservation of land for forestry; and (1) any amendments to the laws referred to in para&raphs (a) to (k); (xxxviii) “protected area’. means an area set aside by the Minister as a protected area in one of the cate&ories referred to in section 8(1); (ii) ‘protected tree” means a tree declared to be protected, or belonging to a group 50 of trees, woodland or species declared to be protected, under section 12(1) or 14(2): (i) “province’. means the premier of the province exercising his or her executive authority together with the other members of the executive council referred to in section 132 of the Constitution; (xxxi) “registered owner” means an owner as defined in section 102 of the Deeds Registries Act. 1937 (Act No. 47 of 1937): (XX) “State forest”- (a) means— 55 I 14 No. 19408 Act No. M. 1998 GOVERNMENT GAZETTE, 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 (i) State land, other than trust forests, acquired or reserved for forestry in terms of this Act or any previous forest legislation, unless it has been released under section 50(3); (ii) State land. other than trust forests, designated as demarcated State forest or a similar designation in terms of any previous forest legislation, unless it was withdrawn from demarcation and is no longer used for forestry; and 5 (iii) trust forests; and (b) includes— (i) State plantations, State sawmills and State timber preservation 10 plants; (ii) l~d controlled and managed by the Department for research purposes or as a tree nursery; (iii) areas protected in terms of sections 8(l)(a) and (b) and 9; (iv) an area of State land which has been set aside in terms of previous 15 forest legislation for the prevention of soil erosion or sand drift; (v) an area referred to in paragraph (a) or paragraph (b)(i) to (iv), the ownership or control of which is transferred to a person or organ of State contemplated in section 53(2)(g)(i); (xxxiii) (xxxi) (xxxii) (xxxiii) (xxxiv) (xxXv) (xxxvi ) (xxxvii) “State land” means land which vests in the national or a provincial govemment— (u) including land held in trust by the Minister of Land Affairs or the Ingonyama referred to in the Kwfiulu lngonyama Trust Act. 1994 (Kw=d~u Act No. 3 of 1994); but (b) excluding land belonging to a municipality; (xxxiv) “the Act’. or “this Act” means the National Forests Act, 1998, and includes the regulations made in terms of tie Act; (xv) “the Trust’. means the National Forest Recreation and Access Trust. established by section 41; (xiii) “the Trust funds’. means tie funds referred to in section 41(5) together with any money subsequently received by the Trust; (xiv) ‘timber” means— (a) logs: or (b) wood that has been sawn or otherwise mechanically processed: (xxii) ‘tree.. includes any tree seedling, sapling, transplant or coppice shoot of any age and any root, branch or other part of it; (iv) “trust forest” means State land which— (u) was reserved for forestry or declared as demarcated State forest or a similar status in terms of any previous forest legislation; and (b) 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 was established in terms of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971); or (iii) the governments of the former Republics o f Transkei. Bophuthatswana, Vends and Ciskei, despite any subsequent withdrawal, retraction or amendment of the status of the forest as reserved or demarcated, the boundaries being those which applied when the forest was first demarcated or, failing demarca- tion, first reserved for forestry; (xxxvi) (xxxviii) ‘vehicle” includes any vessel or aircraft; (xxxvii) (xxxix) “woodland’. means a group of indigenous trees which are not a natural forest, but whose crowns cover more than five per cent of the area bounded by the trees forming the perimeter of the group. (v) (2) Words derived from the words defined have corresponding meanings, unless the context indicates otherwise. (3) A reasonable interpretation of a provision which is consistent with the purposes of this Act must be preferred over an alternative interpretation which is not. (4) Neither— (a) a reference to a duty to consult specific persons or authorities; nor 20 35 40 4j 50 55 60 16 No, 19408 Act No. 84, 1998 GOVERNMENT GtiEnE, 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 (b) the absence of any reference to a duty to consult or give a hearing, in this Act exempts the official or authority exercising a power or performing a duty from the duty to proceed fairly in respect of all persons entitled to be heard. (5) Explanatory notes, printed in bold italics, at the beginning of Chapters and Parts must not be used to interpret this Act. CHAPTER 2 SUSTAINABLE FOREST MANAGEMENT The purpose of this Chapter is to promote the sustainable management of forests. Part 1 Management Part 1 lists principles of sustainable forest management, which apply to all ofickl decisions affecting forests, whether in terms of this Actor other bws. The Minister is given the power t+ * set cnheti, indicators ad stan~rds for assessing and enforcing sustain- able forest management; and * create incentives to manage forests sustainably, on the advice of the Committee for Sustainable Forest Management. Principles to guide decisions affecting forests 3. ( 1 ) The principles set out in subsection (3) must be considered and applied in a balanced way— 5 10 Ij 20 (c) (b) (a) in the exercise of any power or the performance of any duty in terms of this Act; in the development and implementation of government policies affecting forests: in the exercise of any power or the performance of any duty in terms of any 25 other legislation where the exercise of that power or the performance of that duty will impact on a natural forest or woodland; in the issuing of a licence or other authorisation relating to the use of water for afforestation or forestry in terms of section 39(1 ) or 40( 1 ) of the National Water Act, 1998: and by any person required in terms of any legislation to carry out an environmental impact assessment in respect of any activity which vi]] or may have an effect on natural forests or woodlands. (2) An organ of State applying these principles must— (e) (d) 30 (a) take into account the differences between natural forests, woodlands and 35 plantations; (b) recognise that conservation of biological diversity within plantations should be promoted in a way which is consistent with the primary economic purpose for which the plantation was established; (c) only apply those principles which it considers relevant to the decision or 40 action which is contemplated; and (d) give such weight to each principle as it considers appropriate. (3) The principles are that— (a) (b) (c) natural forests must not be destroyed save in exceptional circumstances where, in the opinion of the Minister, a proposed new land use is preferable in 4j terms of its economic, social or environmental benefits; a minimum area of each woodland type should be conserved: and forests must be developed and managed so as t% (i) conserve biological diversity, ecosystems and habitats; (ii) sustain the potential yield of their economic, social and environmental 50 benefits: 18 No. 19408 Act NO. M, 1998 GOVERNMENT GtiE~E, 30 OCTOBER 1998 NATIONAL FORESTS ACT. 1998 (iii) (iv) (v) (vi) (vii) promote the fair distribution of their economic, social, health and environmental benefits; promote their health and vitality; conserve natural resources, especially soil and water; conserve heritage resources and promote aesthetic, cultural and spiritual S values; and advance persons or categories of persons disadvantaged by un~~ir discrimination. (4) The Minister must determine the minimum area of each woodland type to be conserved in terms of subsection (3)(b) on the basis of scientific advice. 10 Promotion and enforcement of sustainable forest management 4. (1) For the purposes of this section, “owner” means— (u) the re&istered owner; or (b) where the registered owner has transferred control of the forest management unit in question to another person or organ of State, whether by way of 15 assignment, delegation, contract or otherwise, that person or organ of State. (2) The Minister may— (a) determine— (i) criteria on the basis of which it can be determined whether or not forests are being managed sustainably; (ii) indicators which may be used to measure the state of forest management: and (iii) appropriate standards in relation to the indicators: and (b) create or promote certification programmed and other incentives to encourage sustainable forest management, on the advice of the Committee for Sustainable Forest Management. (3) The Minister must— (a) publish the criteria, indicators and standards in the form of regulations made under section 53(2)(b); (b) identify clearly where the breach of a standard may be an offence. (4) The Minister may publish the criteria, indicators and standards in such other media 20 25 30 as he or she considers appropriate. (j) Specific regional, economic, sbcial and environmental conditions must be taken into account in determining criteria, indicators and standards. (6) Criteria and indicators may include. but are not limited to, those for determining— 35 (a) the level of maintenance and development of— (i) forest resources: (ii) biological diversity in forests: (iii) the health and vitality of forests: (iv) the productive functions of forests: (v) the protective and environmental functions of forests; and (vi) the social functions of forests: (b) the level of provision of socio-economic benefits; and (c) the status and appropriateness of the policy and the legislative and institutional framework for forest management. (7) The criteria, indicators and standards determined under subsection (2)(a)— (a) may apply nationally, regionally or to specific forest management units; (b) may identify the boundaries of the forest management unit or units to which they apply; (c) may apply to all or to specific forest types; (d) bind all owners of land on which there are forests in the area and of the type to which the standards apply; (e) bind any other persons to whom they are expressly made applicable. (8) Where the breach of a particular standwd may be an offence. a forest officer may inform an owner who is in breach of that standard by written notice of— 40 45 50 55 20 No. 19408 Act No. M, 1998 GOVERNMENT GAZETTE. 30 OCTOBER 1998 NATIONAL FOWSTS ACT, 1998 (a) the nature of the breach; (b) the steps which the owner must take to remedy the breach; and (c) the period within which he or she must do so. (9) The period laid down in the notice may be extended by the Minister for good reason. 5 Part 2 Research, monitoring and repordng Part 2 obliges the Minister to see that relevant research is done and to monitor the wnagement of forests. The Minister must report to Parltiment at least every three years on the results of the monitoring. 10 Promotion of research 5. (1) The Minister must carry out or commission research, (2) The research must promote the objectives of forest policy and conform with national policies and programmed relating to science and technology. Duty to monitor forests and disseminate information 6. (1) The Minister must monitor forests with reference to the matters referred to in section 4(6). (2) The Minister must disseminate the information derived from monitoring to the public in a way which in his or her opinion will promote sustainable forest management, (3) The Minister must report to Parliament at least every three years on— (a) the facts and trends which emerge from the monitoring: (b) whether the facts and trends observed are in the national interest; (c) the measures being implemented to address negative trends: and (d) any other matter he or she considers appropriate. CHAPTER 3 SPECIAL MEASURES TO PROTECT FORESTS AND TREES Part 1 Prohibition of destruction of natural forests Part I prohibits licence. the destruction of indigenous trees in any natural forest without a Prohibition on destruction of trees in natural forests 15 ~o 30 7. ( 1 ) No person may cut, disturb. damage or destroy any indigenous. living tree in, or remove or receive any such tree from, a natural forest except in terms of— (u) a licence issued under subsection (4) or section 23; or (b) an exemption from the provisions of this subsection published by the Minister 35 in the Gazefre on the advice of the Council. (2) The Minister may declare to be a natural forest a group of indigenous trees— (a) whose crowns are not largely contiguous; or (h) where there is doubt as to whether or not their crowns are largely contiguous, if he or she is of the opinion. based on scientific advice, that the trees make up a forest 40 which needs to be protected in terms of this Part. (3) The Minister declares a forest to be a natural forest by— (a) publishin& a notice in the Gazette; (b) publishing a notice in two newspapers circulating in the area: and (c) airing a notice on two radio stations broadcasting to the area. (4) The Minister may issue a licence to cut. damage or destroy an> indigenous, living tree in. or remove or receive any such tree from. a natural forest, 45 22 No. 19408 Act No. M, 1998 GOVERNMENT GAZE~, 30 OCTOBER 1998 NATIONAL FORESTS ACT. 1998 Part 2 Protected areas Part 2 allows the Minister to decbre certain forests as protected forest areas. It sets out the procedure for and effect of this declaration. It provides for the management of such an area. 5 Power to set aside protected areas 8. (1) The Minister may— (a) declare a State forest or a part of it; (b) purchase or expropriate land under section 49 and declare it: or (c) at the request or with the consent of the registered owner of land outside a 10 State forest, declare it, as a specially protected area in one of the following categories: (i) A forest nature reserve; (ii) a forest wilderness area; or (iii) any other type of protected area which is recognised in international law or 1 j practice. (2) The Minister may declare such an area only if he or she is of the opinion that it is not already adequately protected in terms of other legislation. Pr~edure for declaring protected areas 9. (1) Before declaring an area under section 8(1), the Minister must— (a) give notice of the proposal to declare a protected area and invite comments and objections within a specified period; (b) consider the comments and objections received in response to the notice: and (c) in the case of a trust forest, consult with the communities residin~ on the land adjoining the proposed protected area. (2) The Minister must— (a) (i) publish the notice referred to in subsection ( 1 ) in the Gu=orrc” and t~’o newspapers circulating in the area: and (ii ) air such notice on two” radio stations broadcasting to the area: and (b) deliver it t~ (i) the Council: (ii) the Committee for Environmental Co-ordination. established b! section 12 of the Environment Conser\’ation Act. 1989 (Act No. 73 of 1989): (iii) the member of the executive council responsible for nature conservation in the province in which the area falls: (iv) the chief executive officer of the local authorit) for the area: and (v) any person or organ of State to whom control of the area in question has been transferred. whether by way of assignment. delegation, contract or otherwise. 20 2j 30 35 (3) The Minister declares a protected area by publishing a notice in the media referred 40 to in subsection (2)(a)— (a) recording his or her decision; (b) naming the protected area; and (c) describing the area set aside. Effect of setting aside protected areas 45 10. (1) No person may cut, disturb, damage or destroy any forest produce in, or remove or receive any forest produce from, a protected area, except— (a) in terms of the rules made for the proper management of the area in terms of section 11(2)(b); (b) in the course of the management of the protected area by the responsible organ 50 of State or person; (CJ in terms of a right of servitude: 24 No. 19408 Act No. W, 1998 GOVERNMENT GAZE~, 30 OCTOBER 1998 NATIONAL FORESTS ACT. 1998 .,, (d) in terms of the authority of a licence granted under section 7(4) or 23; (e) in terms of an exemption under section 7(1)(b) or 24(6); or (~) in the case of a protected area on land outside a State forest, with the consent of the registered owner or by reason of another right which allows the person concerned to do so, 5 subject to the prohibition in section 7(1). (~) The decision to dec]are a protected area may not be revoked, nor may a protected area which is State forest be sold, nor may a servitude over a protected area be granted, without— (a) the Minister following the same procedure as that required for declaring the 10 protected area; and (b) the approval by resolution of Parliament. (3) Changes to the boundties of an existing protected area require compliance with subsection (2)(a) only. Management of protected areas 15 11. ( 1 ) The Minister is responsible for the management of the protected area. (2) The Minister must— (a) manage the protected area in a manner which is consistent with the purpose for which it was established; and (b) make rules for the management of the protected area so as to achieve the 20 purpose for which the area has been protected. unless suitable rules already exist for the area. (3) The Minister may grant financial or other assistance to the registered owner of land referred to in section 8(1 )(c) for the management of a protected area. Part 3 Protection of trees Part 3 allows the Minister to declare a tree, a group of trees, a woodhnd or a species of trees as protected. The procedure for and the effect of this decoration are set out. An emergency procedure is included to protect trees threatened with immediate hartn. Declaration of trees as protected 12. ( 1 ) The Minister may declare— (a) a particular tree. (b) a particular group of trees, (c) a particular woodland: or (d) trees belonging to a particular species. 30 35 to be a protected tree. group of trees. woodland or species. (~) The Minister may make such a declaration only if he or she is of the opinion that the tree. group of trees, woodland or species is not already adequately protected in terms of other legislation. (3) In exercisin& a discretion in terms of this section, the Minister must consider the 40 principles set out in section 3(3). Normal procedure for declaring protected trees 13. (1] Except in the circumstances referred to in section 14, the Minister must. before making a declaration under section 12— (a) give notice of the proposal to protect a tree, group of trees, woodland or 45 species and invite comments and objections within a specified period: and (b) consider the comments and objections received in response to the notice. (~) The Minister must— (a) publish the notice referred to in subsection (1) in the Ga~etfe and in two newspapers circulating in. and air it on two radio stations broadcasting t- 50 26 No. 19~8 Act No. U. 1998 GOVERNMENT GWE~, 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 (i) the vicinity, in the case of a particular tree or group of trees or woodland; (ii) ~e entire country, in the case of a species; and (b) deliver the notice t% (i) the persons and bodies referred to in section 9(2)(b), in the case of a 5 particular tree or group of trees or woodland; (ii) the bodies referred to in subparagraphs (i) and (ii) of section 9(2)(b), in the case of a species. (3) After deciding to make a declaration the Minister must publish a notice in the media referred to in subsection (2)(a)— 10 (a) recording his or her decision; and (b) identifying the particular tree or group of trees or woodland or species to be protected. Emergency procedure for protecting trees 14. ( 1 ) If the Minister is of the opinion that any tree sought to be protected in terms 15 of this Part may be damaged or destroyed before a declaration under section 12 could come into effect, he or she may act under this section. (2) The Minister may declare any tree or group of trees to be temporarily protected by publishing a notice in two newspapers circulating in. and airing it on two radio stations broadcasting t~ 20 (a) the vicinity. in the case of a particular tree or group of trees or woodland: or (b) the entire country, in the case of a species. (3) The Minister may act under subsection (1) without consulting or hearing any person if the urgency of the situation justifies this. (4) The prohibition referred to in section 15(1) applies to a tree or group of trees 25 temporarily protected in terms of this section. (5) The temporary protection lapses when— (a) the Minister publishes a notice in terms of section 13(3): (b) the Minister decides not to protect the trees under section 12. in which event he or she must publish a notice confirming this in the media referred to in 30 subsection (2): or (c) the Minister fails to act in terms of paragraph (a) or (b) within 12 months of the day the notice referred lo in subsection (2) became effective. Effect of declaration of protected trees lj. ( 1 ) No person may— 35 (a) cut. disturb. damage, destroy or remove any protected tree; or (b) collect, remove. transport. export. purchase. sell. donate or in any other manner acquire or dispose of any protected tree. except under a Iicence granted by the Minister. (2) The decision to declare a tree, group of trees, woodland or species protected may 40 not be revoked, nor may the notice referred to in section 13(3) be amended, without the Minister following the procedure set out in section 13. (3) The Minister must publish— (a) a list of all species protected under section 12; and (b) an appropriate warning of the prohibition referred to in subsection (1) and the 45 consequences of its infringement, annually in the Ga:efte and in two newspapers circulating nationally. Registration against title deeds 16. (1) Where the Minister has declared— (a) a forest to be a natural forest under section 7(2); or (b) a particular tree or group of trees or woodland to be protected under section 1~(1). 50 the Minister may request the registrar of deeds for the area to make an appropriate note. 28 No. 19408 Act No. 84, 1998 GOVERNMENT G~E~. 30 OCTOBER 1998 NATIONAL FOWSTS ACT. 1998 (2) On receiving such a request, the registrar of deeds must make a note of the particulars of such declaration in his or her registers in terms of section 3(1 )()$) of the Deeds Registries Act, 1937 (Act No. 47 of 1937). (3) The State does not acquire any rights— (a) in the land on which any natural forest or any protected tree is situated: or 5 (b) to any tree or forest produce, as a result of the prohibition in section 7(1) or a declaration under section 7(2), 12(1). 14( 1) or 17(2) or the making of a note in terms of this section. Part 4 Measures to control and remedy deforestation Part 4 gives the Minister powers to intervene urgently to prevent deforestation and to rehabilitate deforested areas. The procedure for and the efiect of the exercise of these powers are set out. It also provties for the Minister to enter into an agreement with the owner to remedy the situti.on, Power to declare controlled forest areas 10 15 17. (1) For the purposes of this section, “owner’. means— (a) the registered owner: and (b) where the registered owner has transferred control of the forest management unit in question to another person or organ of State, whether by way of assignment. delegation. contract or otherwise. that person or organ of State. 20 (2) If the Minister is of the opinion that urgent steps are required t~ (a) prevent the deforestation or further deforestation ofi or (b) rehabilitate, a natural forest or a woodland protected under section 12(1 ) which is threatened with deforestation. or is being or has been deforested. he or she may declare it a controlled ?j forest area. (3) The Minister declares a controlled forest area by publication of a notice in two newspapers circulating in, and by airing it on two radio stations broadcasting to. the vicinity- (a) recording his or her decision: (b) stating a fixed time period for which the declaration is effective; (c) describing the area: (d) identifying the activities wrhich are or become prohibited in the area in terms 30 of subsection (4): (e) identifying the steps to be taken in terms of subsection (4)(e) and. if 3j applicable. subsection (4)(~) to prevent or remedy deforestation. (4) The Minister may, in the notice referred to in subsection (3)— (o) stop any persons wishing to exercise the right of access referred to in section 19 from entering the area; (b) prohibit any person from removing forest produce from the area; (c) prohibit any other activity which may cause deforestation or prevent 40 rehabilitation; (d) suspend licences issued under this Act in respect of the area; (e) require the owner to take specified steps to prevent deforestation or rehabilitate the natural forest or woodland: and (f) require the owner to submit and comply with a sustainable forest management plan for the area. (5) The notice is effective from the date of its publication in the newspapers and airing on the radio stations referred to in subsection (3). (6) The Minister may extend the period for which the notice is effective. (7) The Minister must cause copies of the notice to be— (a) delivered to the owner, the holders of any licences granted under this Act in respect of the area and any other interested persons known to the Minister; and 45 50 (b) published in the Ga:ette. 30 No. 19408 Act No. ~, 1998 GOVERNMENT GWE~E, 30 OHOBER 1998 NATIONAL FORESTS ACT. 1998 (8) The Minister may conduct the hearings required by the duty to proceed fairly in declaring a controlled forest area, in a way which is commensurate with the urgency of the situation. (9) The Minister may, instead of or in addition to declaring a controlled forest area, enter into au agreement with the owner and any other interested persons which— 5 (a) describes the steps to be t~en to prevent deforestation or to rehabilitate the natural forest or woodland; (b) allocates responsibility for the management of the area; (c) adopts a sustainable forest management plan for the area; and (d) records any assistance the Minister will give to enable the owner to comply 10 with the agreement, (10) In the absence of an agreement, the Minister may authorise officials of the Department or any other person to t&e the steps necessary to prevent deforestation or to rehabilitate the forest or woodland in a controlled forest area. (11 ) Any official of the Department or other person authorised by the Minister has 15 reasonable access to the area for purposes of giving effect to this section. (12) The Minister may grant financial or other assistance to the owner to enable him or her to comply with any duty imposed in terms of this section. Right to apply for protection 18. (1) Any natural or juristic person or any organ of State may apply to the Minister 20 to protect a forest, tree or qoup of trees in terms of this Chapter. (2) The applicant must apply in the prescribed way. CHAPTER 4 USE OF FOWSTS This Chapter regubtes a wide range of uses of primarily State forests, ranging from ?j recreab.onal use to commerctil and comrnuni~ forestry. Part 1 Access for recreation and rekted pu~oses Part 1 sets out the right of eveqone to have access to State forests for the purpose OJ recreation, education, culture or spiritual fulfilment. This right mav be restricted. The 30 procedure for imposing these restrictions is provided for. The Minister, in his or her capacip as trustee of the National Forest Recreab.on and Access Trust, may also take steps to promote the voluntaq grant of access to forests that are outside State control. Limited provision h also made for financial assistance for owners and compensation if they sufer any damage as a result of allowing access. ~s Access to State forests for recreation, education, culture or spiritual fulfillment

19. Everyone has reasonable access to State forests for purposes of recreation. education. culture or spiritual fulfillment, subject t~ (a) this Act: (b) any conditions determined by the Minister: and (c) restrictions on entry into any area protected for environmental purposes in 40 terms of this Act or any other law. Regulation of access to State forests 20. ( 1 ) For the purposes of this section, ‘owner’. means any person or organ of State to whom control of the forest management unit in question has been transferred. whether 45 by way of assignment. delegation, contract or otherwise. (2) The owner of each State forest must designate areas in the forest for access under section 19. 32 No, 19408 Act No. 84,1998 GOVERNMENT GAZE~E. 30 OCTOBER 1998 NATIONAL FORESTS ACT. 1998 (3) The owner must prepare a map showing the areas designated and a set of written rules which regulate access and which may provide for— (a) payment to the owner of a reasonable fee for the map, the use of facilities and the provision of any services; and (b) reasonable restrictions on access, including, but not limited to— (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) limitations on the number of people aliowed in the forest at any one time; restrictions on the mode of transport in a forest: restrictions to prevent fires; provision for closure of forests for specific periods; restrictions to prevent harm to any person or property; restrictions in a plantation to ensure that its proper management for commercial purposes is not frustrated; restrictions in a protected area to ensure that the purposes for which the area was declared as such. are not frustrated; and different restrictions for different forest types. (4) In a protected area, the map and rules maybe incorporated in the rules referred to 5 10 15 in section 1 l(2)(b). (5) (a) The owner must submit the rules to the Director-General within six months of the promulgation of this Act. (b) Until the map and rules are made. access to any State forest for recreation. 20 education. culture or spiritual fulfillment is regulated as if this Act has not come into force. (6) The Director-General— (u) may change the designated area and the rules: (b) must. where the owner fails to designate an area or make rules within the six 25 month period. designate such an area, prepare a map and make such rules: and (c) must designate an area for public access and prepare a map and rules as set out in subsection (3). where control of a forest management unit has not been transferred as referred to in subsection ( 1 ). (7) (cl) An owner who objects t- (i) a change by. or to rules made by the Director-General in terms of subsection (6); or (ii) the way in which the public or members of the public exercise their right of access: and (1~) a member of the public who objects t~ (i) the designation or the rules: (ii ) the fee charged for the map. facilities or services: or (iii) any conduct of the owner in relation to his or her right of access. may lodge a written objection with the Director-General. 30 35 (8) The Director-General may convene a meetin~ of the interested parties to reach an 40 agreement on the oblection. or appoint a mediator acceptable to the interested parties from the panel referred to in section 45 to do SO. (9) If the matter is not resolved in terms of subsection (8), the Director-General must refer the matter to the Minister who must- (a) rule on the objection; or (1~) appoint an arbitrator from the panel referred to in section 4j to do so. 45 ( 10) The ruling of the Minister or the arbitrator— (a) may require the owner to change the designation or the rules: or (b) may confirm the designation and rules as made by the owner: or (c) may require the Director-General to change the designation or the rules made 50 by him or her: and (d) is final and binding on the interested parties. subject to the right to review of administrative action. (11 ) The owner must make the map and rules available to any person exercising the right of access to the forest. (1 ~) If an owner wishes to amend the ~les, he or she must lodge the amended rules with the Director-General, after which the procedure in subsections (6) to ( 10) aPPlies again. 5j (13 ) Everyone is entitled to information from the Department regarding the right of access. including maps and rules, on payment of a reasonable fee set by the 60 Director-General. 34 No. 19408 Act No. 84,1998 GOVERNMENT GHE~, 30 OCTOBER 1998 NATIONAL FORESTS Am, 1998 Access to forests other than Stite fores~ 21. (1) The Minister, in his or her capacity as trustee of the Trust, may t&e steps to promote the voluntary grant of access to forests other than State forests by the registered owners of such forests. (2) The registered owner may lodge with the Minister a map displaying clearly the 5 areas designated for public access and a set of written rules recording the conditions on which he or she is prepared to allow access. (3) At the request of— (a) a person seeting access to a forest other than a State forest; or (b) a registered owner of such a forest, 10 the Minister may negotiate, or appoint a facilitator from the panel referred to in section 45 to Facilitate negotiations, with interested parties with a view to determining whether and on what terms a registered owner of such a forest is willing to grant access to the public. (4) Where the Minister is of the opinion that it is justified and affordable, he or she 15 may— (a) provide financial or other assistance from the Trust funds for the development of an area of public access in a forest other than a State forest; (b) compensate a registered owner of such a forest from the Trust funds for losses caused by the grant of access to the public in such a forest. ~o (5) No person who is granted access to a forest other than a State forest may interfere with the privacy or cause damage to the property of the registered owner. Part 2 Vesting and granting of rights to use Stite forests Part 2 vests the right to use and manage State forests and the forest produce in them Ij in the State, represented by the Minister. It provties for the transfer of rights in State forests by way of licences, servitudes, lease agreements and agreements to sell forest produce. A provision h included to avoti conflicting rights in Stite forests. Vesting of rights 22. ( 1 ) The rights t~ (a) the use, management, control and operation OR and (b) the forest produce in, State forests, vest in the national executive of the Republic. represented by the Minister. despite any other law but subject t~ (i) this Act; (ii) an order of the Land Claims Court restoring or granting rights in a State forest to a claimant in terms of section 35(1) of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994): and (iii) rights protected in terms of the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996). (~) The Mlnlster, the Director-Genera] or an ~bl~ator, as the case may be, may nOt— (a) m~e or change a designation or rules under section 1 l(2)(b) or 20(6); (b) mde a ruling in terms of section 20(10); (c) grant a licence under section 23; (d) grant a servitude under section 26: or (e) enter into art agreement under section 27,28 or 30, if doing so conflicts with an existing right under a licence, servitude or agreement referred to in this Chapter or section 77(2) and the persons affected have not consented. Activities which may be licensed in Stite foresfi 23. ( 1 ) The Minister may in a State forest. license— (a) the establishment and management of a plantation; 30 35 40 45 50 36 No, 19408 Act NO. 84, 1998 GOVERNMENT GAZE~,300CTOBER 1998 NATIONAL FORESTS ACT, 1998 (b) (c) (d) (e) w) (g) (17) (i) (j) (k) (/) (111) the felling of trees and removal of timber; the cutting, disturbance, damage or destruction of any other forest produce; the removal or receipt of any other forest produce; the use of land, structures or buildings for agricultural, commercial, communications, domestic, industrial, residential or transportation purposes; 5 the use of roads; the moving of water, electricity, gas, fuel and any other thing across a State forest; the construction of any road, building or structure; the grazing or herding of animals; the cultivation of land; hunting and fishing; the use of a Smte forest for recreational, educational, cultural or spiritual purposes where there is no right to such use under section 19; and the use of a State forest for any other purpose, if it is consistent with the 15 sustainable management of the forest. 10 (2) NO person may engage in any activity in a State forest for which a licence is required without such a licence. unless— (cl) he or she is exempted under section 24(6): (b) he or she is acting in the scope of his or her employment or mandate as an 20 officer, employee or agent of the Department; (c) he or she has a right to engage in the activity in terms of the Interim Protection of informal Land Rights Act. 1996 (Act No. 31 of 1996). (3) An organ of State must obtain a licence to carry on an activity for which a llcence is required. Requirements for licensing 25 M. ( 1 ) A Iicence must be issued for a period— (a) equal to the period for which the acti~’ity is permitted in terms of a servitude. lease. agreement to sell forest produce or community forestry agreement referred to in this Chapter: or 30 (b) not exceeding ten years in the case of any other activity. (~) The M1nist~r may attach conditions to the granting Of a licence. (3) A licensee must pa!’ the licenc~ fee. unless— (a) he or she has entered into a lease agreement under section 26: (b) he or she is a purchaser in terms of an agreement referred to in section 28(1): 3j (c) it is a community which has entered into an agreement under section 30: or (d) the licensee is unable to pay in terms of criteria set by the Minister. (4) A licensee may only— (a) transfer a licence: or (b) contract with another party to carry out the activities authorised by the licence. 40 with the written consent of the Minister. (5) A licence may only be granted in a protected area if the licensed activity does not frustrate the achievement of the objects for which the protected area was established. (6) (cl ) The Minister may exempt persons or classes of persons from the licencing provisions if the intended activity is for domestic, cultural, health or spiritual purposes 45 only. (b) The exemption becomes effective when it is published in the Gazetle. (7) The Minister and any other organs of State or persons to whom the power to grant licences is delegated must keep registers of all licences granted in terms of this section which are issued for a year or longer. 50 (8) The holder of a licence must produce it on demand of a forest officer or a police officer. (9) Nothing in this Act prohibits or affects the grant in terms of any law of a right to prospect for. mine or dispose of any mineral as defined in the Minerals Act, 1991 (Act 38 No. 19408 Act No. 84, 1998 GOVERNMENT G~~, 30 OCTOBER 1998 NATtONAL FORESTS Am. 1998 No. 50 of 199 1), or any source material as defined in the Nuclear Energy Act, 1993 (Act No. 131 of 1993), in a State forest but the holder of such a right may not cut, disturb, damage, destroy or remove any forest produce without a licence. Amendments, suspensions and cancellations 25. (1) The licensee is responsible for my damage caused by not complying with the 5 Iicence. (2) The Minister may amend, suspend or cancel a licence or a category of licences i f— (a) there is, in his or her opinion, a material change in the circumstances which existed at the time of the grant of the licence or Iicences which requires such 10 amendment, suspension or cancellation; or (b) the licensee does not comply with the licence. (3) Before acting under subsection (2)(b), the Minister must give a licensee a fair opportunity to remedy his or her non-compli~ce with the licence, unless the Minister is of the opinion that granting such an opportunity will result in serious harm to person or 15 property. Servitudes in Shte forests 26. (1) The Minister may grant a servitude in a State forest if— (a) in the case of State forests other than trust forests, the Minister of Public Works a~ees: or (b) in the case of trust forests on land held in trust by the Ingonyama referred to in the KWZUIU Ingonyama Trust Act, 1994 (Kwtiulu Act No. 3 of 1994). the authority with the necessary power in terms of that Act agrees; or (c) in the case of trust forests other than those referred to in paragraph (b), the Minister of Land Affairs agrees; and (d) it does not conflict with an existing right; and (e) it does not materially affect the ecology and the useful extent of the State 20 25 forest: and V) there is compliance ~lth section 10(2) where it is a protected area. (2) Anv agreement entered into with the Minister creating the servitude may include 30 such provisions as he or she considers appropriate. includin& payment for the rights granted under the servitude. (3) A community or members of a community who are granted a servitude of right of way in order to walk to or from their homes are exempt from payment for such rights. (4) The Minister must keep a register of all servitudes granted under subsection (1). 35 (5) The Minister must license any activity which is permitted under a servitude. (6) No servitude or other right of any nature in a State forest ma} be acquired by prescription. Leasing of State forests 27. ( 1 ) The Minister may lease a State forest or part of it to any person if— (a) in the case of State forests other than trust forests, the Minister of Public Works agrees; (b) in the case of trust forests on land held in trust by the Ingonyama referred to in the Kwtiulu Ingonyama Trust Act, 1994 (Kwtiulu Act No. 3 of 1994). the authority with the necessary power in terms of that Act agrees; and (c) in the case of trust forests other than those referred to in paragraph (b), the Minister of Land Affairs agrees, (2) The lease agreement may provide for— (a) the carrying on by the lessee of any of the activities referred to in section 23(1); (b) the management, control and operation of a State forest for commercial purposes; 40 45 50 40 No, 19408 Act No. 84, 1998 GOVERNME~ GAZE~. 30 OCTOBER 1998 NATIONAL FORESTS ACT. 1998 (c) the management, control and operation of a protected area; (d) the performance by the lessee of the State’s obligations to supply forest produce from that State forest; (e) the lodging by the lessee of and compliance with a sustainable forest management plan: (f) the sustainable management of natural forests, woodlands and other habitats falling within the forest let: (g) the establishment and operation of facilities for tourism and recreation: (It) the resolution of disputes by members of the panel referred to in section 45: and (;) such other matters as the parties consider appropriate. (3) The Minister must license the activities which the lessee may carry on in terms of the lease. Agreements to sell forest produce in Stite foresk 28. (l) (a) The Minister: (b) a person who has entered into a lease agreement under section 27: (c) a party to a community forestry agreement entered into under section 30: or (d) the South African Forestry Company Limited. may enter into an agreement to sell timber or any other forest produce in a State forest to any other person. (2) An agreement referred to in subsection (1) must— 5 10 15 (a) altow for termination of the contract at any time after it comes into effect by either party on a period of notice which is not more than five years. unless the Minister agrees to a longer period; (1?) not oblige the seller to provide a quantity of timber or other forest produce 25 which is greater than that which the forest to which the agreement relates. yielded on a sustainable basis during the period of the contract, or a cycle within a contract. unless anv shortfall was due to negligence by the seller: (c) not confer rights in conflict-with the lease or community forestry agreement referred to in subsection ( I )(b) or (c) or an a:reement referred to in section 30 77(2 ) with the South African Forestry Company Limited. (~) A term of an agreement uhich is in conflict with subsection (2) is void and the agreement is deemed to have been entered into on the terms set out in subsection (~). (4) The Minister must license the activities which the purchaser may carry on in terms of an agreement to sell timber or other forest produce. subject to subsection (j). (5) An agreement to sell timber or other forest produce in any State forest which is already in force on the date [his Act commences, is despite the terms of the agreernen[. subject to the following: (cl ) Either party may elect to terminate the agreement on either of the following bases— (1) fi~’e years written notice to the other: or (ii) such greater or lesser period of notice as the agreement may provide: (b) notice in terms of subpartigraph (i) of paragraph (a) may be given at any time 35 40 after the commencement of this Act: (c) before the seller acts in terms of subparagraph (i) of par~graph (c?). the 45 Minister must be of the opinion that— (i) it will serve one or more of the purposes referred to in section 1: and (ii) the purchaser \vill. by the end of the notice period, have had an opportunity of realising a reasonable return on any investments which were made before the commencement of the Act primarily as a result of 50 the agreement: (d) if either party elects to terminate the agreement in terms of subparagraph (i) of paragraph (u). neither it nor any other person or organ of State has to pay any compensation to. or buy any assets of. any other party. except that the State must compensate the purchaser for any improvements which the purchaser 55 has erected in a State forest in terms of or as a result of the agreement if— 42 No. 19408 Act No. 84, 1998 GOVERNMENT GUEnE, 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 (i) the seller terminated the agreement; and (ii) the purchaser must vacate the improvements as a result of the termination; (e) the seller is not obliged to deliver to the purchaser a quantity of timber or other forest produce which is greater than that which the forest yielded on a 5 sustainable basis during the period of the contract, or a cycle within a contract, unless any shortfall was due to negligence by the seller; ~) the termination of the agreement in terms of subparagraph (i) of paragraph (a) is not a breach of the agreement. (6) The compensation for improvements referred to in paragraph (d) of subsection (5) 10 is not payable if the agreement— (a) is terminated no earlier than a date on which the agreement could lawfully have been terminated had this Act not been promulgated; and (b) does not provide for— (i) compensation for improvements; or (ii) the purchase by the seller of any assets of the purchaser, 15 on termination. (7) A shortfall referred to in subsection (2)(b) or (5)(e) may not be made up from the forest to which the agreement relates. Part 3 CommuniQ foresQ Part 3 allows communities tht wish to engage in communi~ fores~ to enter into agreements with the Minister. The procedure for entering into, and the minimum requirements for the content of, such an agreement are set out. The Minister may make financial or other assistance avaikble for communi~ fores~ and certain other 25 forms of fores~. Offers to enter into community forestry agreements 29. ( 1 ) Any community wishing— (a) to do anything in a State forest for which a licence is required; (b) to manage a State forest or part of it. whether alone or jointly with an organ of 30 State; or (C) to do both, may make an offer to the Minister to enter into a community forestry agreement with him or her and any other person or organ of State who must by law consent. (2) The Minister may invite communities to submit offers to enter into community 35 forestry agreements in respect of a particular State forest or forests. (3) The offer must include— (a) details of the membership of the community; (b) a copy or details of the constitution. laws or customs which regulate the community; (c) the terms of its offeq (d) details of any rights held by the community or any of its members in the State forest concerned in terms of the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996); and (e) any other prescribed information. (4) The Minister must investigate the offer and may in doing s~ 40 45 (a) establish whether or not there are any other communities who may wish to make offers to enter into a community forestry agreement in respect of the forest in question: (b) invite such communities to make offers; (c) consult with any other persons or organs of State having an interest in the 50 matter; (d) evaluate the suitability of the forest for community forestry in comparison to its current or potential uses; (e) establish whether or not any offeror is willing to amend the terms of its offer 55 to accommodate any concerns of the Minister and, if SO. invite the offeror to amend it; a No. 19@8 Act No. M, 1998 GOVERNM~T G=ETTE. 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 (~) in the event of competing offers, evaluate which offers or offerors are the most suitable; and (g) appoint a facilitator from the panel referred to in section 45 to attempt to secure agreement between competing offerors. Conclusion of community forestry agreements 30. (1) The Minister may— (a) reject any offen (b) make a counter-offer to one or more offerors; or (c) decide to enter into a community forestry agreement with one or more offerors in respect of the State forest in question. (2) If the forest is a trust forest, the Minister may only enter into such an agreement if— (a) in the case of land held in trust by the Ingonyama referred to in the Kwtiulu Ingonyama Trust Act, 1994 (Kwtiulu Act No. 3 of 1994), the authority with the necess~ power in terms of that Act agrees; and (b) in the case of other land, the Minister of Land Affairs agrees. (3) The Minister must license the activities which the community or communities 5 10 15 may carry on under the community forestry agreement. (4) The Minister need not implement a public tender process before entering into a community forestry agreement, despite any other law, unless he or she is of the opinion 20 that such a process is needed in any particular case. Content of community forestry agreemenk 31. (1) A community forestry agreement must— (a) (b) (c) (d) (e) (f) (g) (h) (i) not discriminate unfairly; identify the management powers delegated to the community or communities 25 and those retained by the Minister; identify accurately the area of forest subject to the agreement: identify the licensed activities which the community or communities intend carrying on; regulate the use and the management of the forest in a way which is 30 sustainable; identify the duties of the various parties in terms of the agreement. including payments to be made by any party; prohibit the parties to the agreement from transferring their rights under the agreement in any way Without the consent of the Minister; provide for dispute resolution through informal mediation or arbitration, whether by a member of the panel referred to in section 45 or otherwise: and provide for remedial measures, including the suspension or cancellation of the ~ommunity forestry agreement, in the e~ent of a breach. ~j (2) A community forestry agreement may— 40 (a) (b) (c) (d) (e) (f) (g) (h) rename the forest; be indefinite or for a fixed period: oblige a community to reconstitute itself or make a lawful amendment to it5 constitution; require the community or communities to lodge and comply with a 45 sustainable forest management plan which is acceptable to the Minister: include as a party a person who is not a community or a member of the community and who wishes to conduct forestry for commercial, environmen- tal or other purposes; provide for the mana&ement of a protected area; oblige the community to perform the State’s obligations to supply forest produce from that State forest; provide that a community need not pay rental or similar compensation for the rights granted to it, if this is fair having regard te 50 ti No. 19W8 Act No. M, 1998 GOVERNMENT GME~, 30 WTOBER 1998 NA~ONAL FOMSTS AH, 1998 (i) the community’s historical association with the land on which the forest is situated; or (ii) the economic circumstances of the community; (i) exchange a right in terms of the interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996), for a right in the agreement; and (~) deal witi such other matters as maybe prescribed or as the parties consider appropriate. Assistance for community forestry 32. (1) In this section, community forestry includes, in addition to the definition of that terrn— 5 10 (a) small scale plantation forestry by persons disadvantaged by unfair discrimi- nation; (b) the planting of trees by any person or organ of State for aesthetic reasons or to improve the quality of life; and (c) the sustainable use of a natural forest or woodland by a community other than 15 in terms of an agreement referred to in section 30, in a rural or an urban area and whether in or outside of a State forest. (2) The Minister may— (a) provide information, training, advice and management and extension services for community forest~; 20 (b) establish and maintain nurseries and other facilities to provide seed and plants for community forestry; (c) provide material or financial assistance for community forestry, including recovery from disaster, if no such grants are available from any other source. (3) The Minister may enter into an agreement with a person or organ of State 25 regulating the matters referred to in subsection (2). CHAPTER 5 INSTITUTIONS The various institutions that phy a role in making the Act functinal are dealt with in this Chapter. 30 Part 1 Nhnal Forests Advisory Council Part 1 deals with the establishment, objects, constitution, meetings, stifing and funding of the Council. It advises the Minister on all aspects of forestry in the Republic. The Council must establish the Committee for Sustainable Forest 35 Management to advise the Council, the Department and the Minister on all aspects of sustainable forest management, and the Committee on Forest Access. Both are permanent committees of the Council. Esbblishment and objeck of National Forests Advisory Council 33. (1) The National Forests Advisory Council is established. (2) The object of the Council is to advise the Minister on any matter related to forestry 40 in the Republic. (3) The Minister must consider and respond to the advice provided to him or her by the Council. (4) (a) The Forestry Council and the Forestry industry Fund referred to in sections 47 45 to 56 of the Forest Act, 1984 (Act No. 122 of 1984), are dissolved. (b) The assets, if any, of the Forestry Industry Fund vest in the State. (5) The National Forestry Advisory Council referred to in sections 46A to 46H of the Forest Act, 1984, is dissolved. (6) (a) The Transkei Forestry Council referred to in section 3 of the Forest~ Laws 50 Rationalisation and Amendment Act, 1994 (Act No. 51 of 1994), is dissolved. 48 No. 19408 Act No. 84, 1W8 GOVERNMENT G=E~. 30 OCTOBER 1998 NATIONAL FORESTS ACT. 1998 (b) The assets, if any, of the Transkei Forestry Council vest in the State. Constitution of Council 34. (1) The Council consists of a maximum of 20 members and a minimum of 14 members appointed by the Minister in terms of this section. (2) In making appointments to the Council the Minister must balance the interests 5 of— (a) (b) (c) (d) (e) V) (g) (h) (i) categories of persons disadvantaged by unfair discrimination; communities involved in community forest~; environmental interest groups: persons who carry on small scale plantation forestry; persons who carry on small scale timber processing; persons with expertise which can assist the Council in achieving its objects; the forest industry; the forest products industries; and trade unions representing employees in the forest and forest products industry. 15 10 (3) Whenever it is ne~essary to-appoint the Council the Minister rnust— (a) invite nominations by means of a notice published in at least two nationally distributed newspapers, specifying a period within which nominations must be submitted; (b) establish an adviso~ committee which includes the chairpersons of the 20 portfolio committees dealing with forestry matters in the National Assembly and the National Council of Provinces, or their delegates, and appoint a chairperson for the committee; and (c) submit all the nominations received to the advisory committee. (4) The adviso~ committee must compile a short list of suitable candidates from the 2j nominations and submit it to the Minister within one month of receiving the nominations. (5) The Minister must appoint the members of the Council after considering the short list. (6) The Minister may appoint— (a) an aitemate member for any member of the Council: and (b) a replacement for an} member who vacates his or her ofiice. on the basis of the criteria referred to in subsection (~). (7) The replacement serves for the balance of the term of the person he or she replaces. (8) The Minister must appoint one member of the Council as chairperson and one member as vice-chairperson. Conditions of appointment to Council 35. (1) A member of the Council holds office for a period of— (a) four years in the case of the chairperson of the Council: and (b) three years in the case of other members. (a) (2) At the expig of his or her term of office a member ma> be appointed again. (3) A member or alternate member of the Council must vacate his or her office if— the Minister at any time terminates his or her term of office for good reason after consuhing the chairperson of the Council; he or she can no longer perform his or her duties on the Council; he or she is convicted of an offence and sentenced to imprisonment without the option of a fine: he or she is absent from more than two consecutive meetings of the Council without the leave of the chairperson; or he or she resigns bl written notice to the Minister. (h) (c) (d) (e) 30 3j 40 45 jO (4) Members of the CZunc~l and members of a committee of the Council who are not in the full-time employment of the state ma} be paid for their services, except for attendin& Council meetings. (5) The Minister must determine the remuneration and allowances payable to 55 members of the Council and members of a committee of the Council with the consent of the Minister of Finance. Committees of Council 36. ( 1 ) The Council may elect an executive committee. (~) The chairperson of the Council must be the chairperson of the executi~e 60 committee. I I I > [ I 50 No. 19408 Act No. M, 1998 GOWRNMENT G~~, 30 ~OBER 1998 NAnONAL FORESTS An, 1998 (3) The Council must establish— (a) the Committee for Sustainable Forest Management; and (b) the Committee on Forest Access, as permanent committees of the Council. (4) The permanent committees must include persons representing the interest groups 5 referred to in section 34(2] and— (a) (b) in the case of the Committee for Sustainable Forest Management, a represen- tative of the Department of Environmental Affairs and Tourism appointed by its Director-General; in the case of the Committee on Forest Access, one or more representatives of 10 voluntary associations interested in recreational activities in forests appointed in terms of subsection (9). (5) The functions of the Committee for Sustainable Forest Management are to advise— (a) the Council, the Department and the Minister on all aspects of sustainable 15 forest management in the Republic; (b) the Department and the Minister on the determination of criteria, indicators and standards for sustainable forest management; (c) the Department on convening fomms for interested persons to participate in the formulation of criteria, indicators and standards. (6) The functions of the Committee on Forest Access are to advise the Minister on— (a) a ruling referred to in section 20(10); (b) promoting the grant and exercise of access to forests; (c) promoting education on the sustainable management and use of forests; (d) the use of the Trust funds. (7) (a) A decision on advice to be provided to the Minister by a permanent committee must be reached on the basis of unanimity. (b) If unanimity is not reached, the Minister must consider all the views expressed in the committee as conveyed by the chairperson of the committee. (8) The Council may establish other committees. (9) The Council may, with the approval of the Minister, appoint to one of the permanent comittees or to a committee contemplated in subsection (8). persons who are not members of the Council but who may assist the committee in the performance of its functions. 20 25 30 ( 10) The Council must designate on~ member of each committee as the chairperson 35 and one member as the vice-chairperson. Meetings of Council 37. (1) The Minister must determine— (a) the manner of the calling of, the quorum for, and the procedure at, meetings of the Council; (b) what records the Council must keep; (c) the way in which the Council must submit advice to him or her; and (d) a code of conduct for Council members. (2) The Council or a committee may admit as an observer any person including any representative of national, provincial or local government. (3) The chairperson of the Council must provide the Minister with advice or information emanating from any meeting within two weeks. 40 45 Funding of Council 38. (1) The Council is funded by money appropriated by Parliament. (~) Before 31 October of every year the Council must submit a budget of its 50 expenditure for the next financial year to the Minister for his or her approval. (3) The Council may during the course of a financial yem submit to the Minister for his or her approval additional or revised budgets for that year. (4) The Minister must include the budget of the Council in his or her annual budget for the Department submitted for approval to Parliament. 55 (5) The Council must as soon as possible after the end of each financial year present a report on its expenditure for that year to the Minister. 52 No. 19408 Act No. M, 1998 GOVERNMENT GUE~. 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 (6) The financial year ends on 31 March. Staff of Council

39. The Director-General must designate as many officers and employees of the Department as maybe necessary to assist the Council and any committee of the Council to perform the administrative and professional work of the Council or of a particular 5 committee. Report by Council 40. (1) The Council must present an annual report on its activities to the Minister within three months of the end of the financial year. (2) The report by the Council must include its expenditure report compiled in terms 10 of section 38(5). Part 2 National Forest Recreation and Access Trust Part 2 deals with the establishment of the National Forest Recreatin and Access Trust. 15 Establishment and objects of National Forest Recreation and Access Trust 41. (1) The National Forest Recreation and Access Trust is established. (2) The Minister is the sole trustee of the Trust. (3) (a) The National Hiking Way Board referred to in section 29; (b) the committees referred to in sections 40 and41: and (c) the National Hiking Way System referred to in section 28. of the Forest Act. 1984 (Act No. 122 of 1984), are dissolved. ~o (4) Administrative action in terms of PART VII of the Forest Act. 1984. is no longer of any effect. except in relation to the hTational Hiking Way Fund. (5) The moneys standing to the credit of the National Hiking Way Fund referred to in 25 section 36 of the Forest Act. 1984. vest in the Minister in his or her capacity as trustee. (6) The object of the Trust is to promote access to and the use of forests for recreation. education. culture or spiritual fulfillment. (7) The Trust is for the benefit of the general public of the Republic. Powers and duties of hlinister as trustee 42. ( 1 ) The Minister must do whatever is necessary to achieve the object of the Trust. (2) The Minister may. as trustee— (a} act on the advice of the Committee on Forest Access: (b) solicit and receive donations and sponsorships; (c) receive funds appropriated by Parliament: (d) contract: (e) use money in the Fund; (~) cooperate with any organ of State or person; (g) commission research; (l? ) provide environmental education; (i) provide information and other public services; (~) charge fees for goods the Trust supplies and services it renders: and (k) delegate any of his or her powers and duties as trustee to a named official in the Department. Administration of Trust funds 43. ( 1 ) The Minister must appoint— (a) an official of the Department: or (b) any other person, if the Minister of Finance agrees, as the accounting officer for the Trust. 30 35 40 45 54 No. 19408 Act No. 84,1998 GOVERNMENT G=E~, 30 ~OBER 1998 NATIONAL FORESTS ACT. 1998 (2) The accounting officer must account for money received by and paid from the Trust and generally perform the work of the Trust connected with its records, accounts and balance sheets. (3) The accounting o5cer must before 31 October of every year submit a budget of the Trust’s income and expenditure for the next financial year to the Minister for his or 5 her approval. (4) The accounting 05cer may revise the budget during the course of a financial year. (5) The accounting officer may, with the consent of the Minister, invest Trust funds which are not needed for immediate use. (6) Any credit balance in the Trust funds at the end of a financial year must be carried 10 forward to the next financial year in the budget of the Trust. (7) The financial year ends on 31 March. (8) The accounting 05cer must keep a record of— (a) the assets and liabilities of the Trust; and (b) the financial transactions of the Trust. 15 (9) The accounting 05cer must, as soon as possible after the end of each financial year, draw up financial statements which must reflect the Trust’s assets and liabilities at the beginning and end of the year and its income and expenditure for the year. (10) The records, accounts and balance sheets of the Trust must be audited every year by the Auditor-General at an agreed fee, or, in the absence of an agreement, at a fee 20 determined by the Minister of Finance. Repo~ by Minister as trustee

44. The Minister must. within three months of the end of each financial year. submit to Parliament— (a) a report on the Trust’s activities; and (b} audited financial statements of the Trust. Part 3 25 Panel offacilitators, mediators and arbitrators Part 3 gives the Minister the power.to estiblish a panel from which facilitators, mediators and arbitrators may be selected for purposes of dispute resolution. Some of 30 the factors they must take into account are listed. Establishment of panel 45. ( 1 ) The Minister must establish a panel of persons from whom appointments of facilitators, mediators and arbitrators may be made for the purposes referred to in sections 20(8), 20(9), 21(3), 27(2)(h), 29(4)(g) ~d 31(1)(h). (2) The Minister may. instead of establishing a panel in terms of subsection (1 j. adopt— (a) the panel of arbitrators established in terms of section 31(1) of the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), as the panel from which such appointments must be made; (b) the remuneration and allowances determined in terms of section 31(3) of that Act as those which will be payable for services rendered by panel members in terms of this Act. 35 40 (3) If the Minister establishes a panel in terms of subsection (l), he or she must determine the remuneration and allowances to be paid to panel members in consultation 45 with the Minister of Finance. (4) Facilitators, mediators and arbitrators are only remunerated when they are appointed or selected from the panel to act in a particulw matter. (5) A facilitator, mediator or arbitrator appointed in terms of this Act must, where appropriate, have regard to the followin& factors alon& with all other issues he or she 50 must consider in any matter: (a) Where one or more communities is or are party to the dispute. the historical and cultural association of the community or communities with the forest; (b) the need to find equitable solutions to problems in the forests sector; and (c) the principles of sustainable forest management set out in section 3(3). 55 56 No. 19408 Act No. S4, 1998 GOVERNMENT GAZE~E. 30 OCTOBER 1998 N.4TIONAL FORESTS ACT, 1998 CHAPTER 6 ADMINISTWTION OF ACT Part 1 General powers and duties of Minister Part 1 deals with the general powers and duties of the Minister. The Minister must 5 develop and implement a policy for forests and their management and may, amongst other things— * assign, and withdraw the assignment of, certain powers and duties; * delegate certain powers and duties; * expropriate prope~ for foresm; * reserve State bnd for foresm; * make regubtions. Development and implementation of policy

46. The Minister must develop and implement policy for forests and their management. Assignment of powers and duties 47. ( 1 ) The Minister may— (a) assign any power or duty in this Act t~ (i) a province or other organ of State: or (ii) a person who or which is not an organ of State, indefinitely or for a fixed period: (b) withdraw an assignment. including any assignment of powers and duties in the Forest Act. 1984 (Act No. 122 of 1984). whether that assignment was effected in terms of that Act or any other legislation: (c) make an assignment subject to conditions. by notice in the Gaccrfe. (2) The Minister must— (a) consult with the province. organ of State or person concerned: and (b) consider the administrative capacity of the pro~ince. organ of State or person concerned to assume. or continue to provide. effective responsibility. before rnking or withdrawing an assignment. (3) A province may implement those provisions of the Act relating to the powers and duties assigned to it— (u) from the date of the assignment: (b) in the area to which the assignment relates: (c) until the assignment ends. Delegation of powers and duties 10 15 20 :3 30 j~ 48. ( 1 ) The Minister may delegate the exercise of any of his or her powers. other than a power referred to in subsection (4). and the pefio~ance of any of his or her duties, t- 40 (a) a named official in the Department: (b) the holder of an office in the Department: (c) an organ of State: (d) a person who or which is not an organ of State. (2) The Minister may permit a person or organ of State to whom a power or duty has 4j been assigned or delegated to delegate that power or duty further. (3) A delegation referred to in subsection ( 1 ) and the permission referred to In subsection (2 )— (a) must be in writing: (b) may be subject to conditions; (c) must specify the period for which it lasts: (d) do not prevent the exercise of the power or the performance of the duty by the 50 Minister himself or herself. (4) The Minister may not delegate the power or duty— 58 No. 19408 Act No. 84,1998 GOVERNMENT GMETTE, 30 O~OBER 1998 NATIONAL FORESTS ACT. 1998 (a) to assign; (b) to make regulations; (c) to develop policy; or (d) to appoint a member of the Council. (5) The Minister may withdraw any delegation. Expropriation of property 49. (1) The Minister may purchase or expropriate any property and reserve it for forestry or any other purpose in terms of this Act, if— (a) that purpose is a public purpose or is in the public interest; and (b) the Minister of Public Works agrees. 5 10 (2) Land purchased or expropriated for forestry under subsection(1) may include land which is not treed or which will not be afforested if that land will be managed as part of the forest management unit or units in question. (3) The Expropriation Act, 1975 (Act No. 63 of 1975). applies to all expropriations under this Act and any reference to the Minister of Public Works in that Act must be read 1 j as a reference to the Minister for purposes of such expropriations. Reservation of State land for forestry (b) (a)” jO. ( 1 ) The Minister may reserve State land which is not a State forest for forestry if— in the case of State forests other than trust forests, the Minister of Public Works agrees: or in the case of trust forests on land held in trust by the Ingonyama referred to in the Kwtiulu Ingonyama Trust Act, 1994 (Kwtiulu Act No. 3 of 1994). the authority with the necess~ power in terms of that Act agrees; or in the case of trust forests other than those referred to in paragraph (b). the Minister of Land Affairs agrees. (c) (2) State land reserved for forestry under subsection (1) may include land which is not treed or which will not be afforested if that land will be managed as part of the forest management unit or units in question. (3) The Minister ma! release a State. forest or part of a State forest which is no longer required for forestry. (4) The Minister reserves State land for forestry or releases it by notice in the Ga:[~tre. Performance of functions on other land

51. The Minister may authorise officials in the Department to perfom services in connection with trees on land which is not a State forest— (a) at the request. or with the consent. of the registered owner: (b) on appropriate conditions. Extensions

52. The Minister ma~ 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. Content of regulations 20 25 30 35 40 53. ( 1 ) For the purposes of this section. “owner’. means— (a) the registered owner: and (b) where the registered owner has transferred control of the forest management unit in question to another person or organ of State. whether by way of assignment. delegation. contract or otherwise, that person or organ of State. 45 (~) The Minister may m&e regulations to deal with- (a) any matter which must be dealt with by regulation in terms of this Act; 60 No. 19408 Act No. 84, 1998 GOVERNMENT G~ETTE, 30 OCTOBER 1998 NATIONAL FORESTS ACT, 1998 (b) (c) (d) (e) u) (g) (11) (i) the criteria, indicators and standards referred to in section 4(2)(u), including— (i) their determination and enforcement; (ii) the creation and promotion of the incentives referred to in section 4(2)(b); research; monitoring of the forest resource, including regulations relating t~ (i) the registration of, and collection of data from, owners of forests; (ii) the registration of, and collection of data from, persons who harvest, saw, process or sell forest produce; (iii) collection of data from institutions which certify sustainable forest 10 management; protected trees, including— (i) the cultivation and grazing of land around any protected tree; (ii) financial assistance for erecting stock-proof fences: (iii) the preparing and maintenance of firebreaks for the protection of such a tree; (iv) the control of the collection, removal, transport, export, purchase. sale or donation of parts or produce of protected trees; (v) management plans for protected trees: the management of State forests in general or a particular State forest or part of it: licences under section 23, leases under section 27, agreements under section 28 and community forest~ a,~reements under section 30, including— (i) the appointm-ent and ~un~tioning of a person or organ of State outside of the Department to exercise powers and perform duties of the Minister and the Director-General in terms of Chapter 4 and such other sections a5 relate to that task; and procedures for the selection of suitable licensees. lessees. purchasers or offerors; (ii) facilitation. mediation and arbitration before a panel member referred to in section 45; forest hygiene. including— (i) the combating of any harmful organism which affects art! kind of fores[. tree or timber on any land or in any vehicle, building or other place where timber is stored. stacked. ‘seasoned or processed; (ii ) the prevention of the introduction into or the spreading within the Republic of any such harmful organism: and (;) in general. the ca~~ing out of the pu~oses and the provisions of this Act. (~) The Minister ma}’ make different regulations under subsection (2) for different . regions of the Republi~. different forests or parts or classes of forests and different owners or classes of owners of forests. (4) The Minister may make regulations— (a) for the inspection of any forest, trees. timber, vehicle. pack-animal or premises by any person or the incumbent of a post designated b> the Minister for purposes of enforcing regulations made under this section: (b) prescribing how samples of any timber for examination or testing must be taken and how and where such timber may or must be graded or marked. (5) The reference to specific regulation-making powers in this section does not limit the general regulation-makin~ powers conferred by it. (6) (a) The Minister may by regulation provide that infringements of certain regulations constitute criminal offences and prescribe maximum penalties for such offences. (b) The penalties may not exceed those for a second category offence in terms of section 58(2). Procedure for making regulations 54. ( i ) Before making or amending any regulations in terms of this Act, the Minister must— 15 ~o 25 30 35 40 45 50 55 62 No. 19408 Act No. 84, 1998 GOVERNMENT GWE~, 30 O~OBER 1998 NATIONAL FOUSTS ACT, 1998 (a) publish a notice in the Gazette— (i) setting out the draft regulations; and (ii) inviting written comments to be submitted on the proposed regulations within a specified period; (b) consider all comments received: and (c) take advice from the Council. (2) The regulations are effective from the date the Minister publishes them in the Gazette. (3) The Minister must table the regulations in Parliament, together with any written comments and advice received on them pursuant to subsection ( 1 )— (a) within 30 days after publishing them; or (b) if Parliament is not then in session, within 30 days after the next session starts. (4) Parliament may reject the regulations within 60 days after they have been tabled. (5) If Parliament rejects any regulations, the Minister must— (a) repeal them; or (b) table amended regulations in draft form in Parliament, within 60 days of the rejection, or, if Parliament is not then in session. within 60 days after the next session starts, failing which the regulations become invalid. ~ (6) If the Minister elects to table amended regulations in terms of subsection (5)(b), he or she— (a) must consult the chairperson of the Council: (b) need not follow the procedure in subsection (1), before the amended regulations are tabled. (7) If Parliament— 5 10 15 20 (a) accepts the amended regulations, the Minister must publish them within 30 25 days of Parliament’s acceptance; (b) rejects the amended regulations, subsections (5) and (6) and this subsection apply. (8) If the Minister complies with subsection (S)(b), the regulations as originally published continue to apply until amended regulations are accepted by Parliament and 30 published by the Minister in terms of subsection (2). Tariffs and charges

55. The Minister may. with the consent of the Minister of Finance— (a) in respect of any State forest. issue a tariff of Iicence fees which may van according to circumstances; (b) issue the tariff of charges to be paid for any product or service rendered by an officer or employee of the Department or by a member of the panel referred to in section 45. Part 2 General powers and duties of Director-General Part 2 deals with the general powers and duties of the Director-General. He or she may delegate certain powers and duties. Powers and duties 56. ( 1 ) The Director-General has those powers and duties— (a) referred to in this Act: or (b) delegated to him or her. (~) The Director-General may delegate the exercise of any of his or her powers and the performance of any of his or her duties, t- (a) a named official of the Department; (b) the holder of an office in the Department; (c) an organ of State: (d) a person who or which is not an organ of State. 3j 40 45 50 @ No. 19408 GOVERNMENT GAZETTE. 30 OCTOBER 1998 Act No. 84, 1998 NATIONAL FORESTS ACT. 1998 (3) The Director-General may permit a person or organ of State to whom a power or duty has been delegated to delegate that power or duty further. (4) A delegation referred to in subsection (1) and the permission referred to in subsection (2)— (a) must be in writing; (b) may be subject to conditions; (c) must specify the period for which it lasts; (d) do not prevent the exercise of the power or the performance of the duty by the Director-General himself or herself. (5) The Director-General may withdraw any delegation. 5 10 fiansfer of officers and employees 57. (1) The Director-General may enter into an agreement with an officer or employee of the Department to transfer his or her employment t~ (a) a person who leases or carries on a licensed activity in a State forest: (b) a community which has entered into a community forestry agreement: or 1 j (c) a party to a community forestry agreement referred to in section 31(?)(e). (2) The Minister of Finance and the Minister for the Public Service and Administration must approve the terms of such an agreement before it is concluded. (3) The agreement may provide for the terms on which the employee will terminate membership of the State pension fund or become a member of a new pension fund. 20 CHAPTER 7 OFFENCES AND PENALTIES This Chapter sets out the relevant offettces in terms of the Act and the penalties applicable. Part 1 Sentencing Part 1 deals with matters rebting to sentencing. Penalties 58. ( 1 ) A person who is guilty of a first category offence referred to in sections 62 and 63 may be sentenced to a fine or imprisonment for a period of up to three years. or to 30 both a fine and such imprisonment. (~) A person who is guilty of a second ~atego~ offence refe~ed to in sections 62.63 and 64 may be sentenced on a first conviction for that offence to a fine or imprisonment for a period of up to two years, or to both a fine and such imprisonment. (3) A person who is guilty of a third category offence referred to in sections 62 and 35 63 may be sentenced on a first conviction for that offence to a fine or imprisonment for a period of up to one year. or to both a fine and such imprisonment. (4) A person who is guilty of a fourth category offence referred to in sections 63 and 64 maybe sentenced on a first conviction for that offence to a fine or community service for a period of up to six months or to both a fine and such service. (5) A person who is guilty of a second, third or fourth category offence may be sentenced on a second conviction for that offence as if he or she has committed a first. second or third category offence. respectively. (6) A person who is guilty of a fifth category offence referred to in section 61 may not be sentenced to imprisonment, but maybe sentenced to a fine up to R50 000. (7) The maximum amount of the fine referred to in subsection (6) may be amended by the Minister by a noticq in the Ga:ette in order to counteract inflation. 40 45 (8) A court which sentences any person— a No. 19@8 GOVERWENT GAZE~. 30 OCTOBER 1998 A@ NO.’~. 1998 NATIONAL FORESTS Am. 199X (a) to community service for an offence in terms of this Act must impose a form of community service which benefits the environment if it is possible for the offender to serve such a sentence in the circumstances; (b) for any offence in terms of this Act, may suspend or revoke a licence granted to the offender under section 7 or 23. Compensatory orders in criminal proceedings 59. (1) A court which convicts a person of an offence in terms of this Act. may order— (a) the return of any forest produce or protected tree which has unlawfully been removed, cut or damaged, to the person entitled to it if it is feasible to do so: and, in addition to or instead of such return, (b) the person convicted to pay damages to any person who suffered a loss as a result of the offence. (2) me power in subsection (1) is in addition to any other powers the court has in the proceedings in question. (3) An order under subsection (1) is executed in the same manner as a judgment of that court in a civil case. Award of part of fine recovered to informant 60. (1) A court which imposes a fine for an offence in terms of this Act. may order that a sum of not more than one-fourth of the fine, be paid to any person whose evidence led to the conviction or who helped bring the offender to justice. (2) An officer in the service of the State may not receive such an award. 5 10 15 20 Part 2 Ofences Part 2 lists all the ofences in terms of the Act in relation to the correspondirrg Chapters in the Act. 25 Offences relating to sustainable formt management

61. Any person who fails to take the steps which he or she has been instructed to take in terms of section 4(8) within the period or the extended period laid down. is guilty of a fifth category offence. Offences relating to protection of forests and trees 62, (1) Any person who contravenes the prohibition of certain acts in relation to trees in natural forests referred to in section 7(1 ) is guilty of a second category offence. (~) An v ~erson who contravenes_ (a) (b) (c) the prohibition on the cutting, disturbance. damage or destruction of forest produce in or the removal or receipt of forest produce from a protected area referred to in section 10(1 ) is guilty of a second category offence; the rules referred to in section 11 (2)(b). is guilty of a third category offence: the prohibition on— (i) “ the cutting. disturbance, damage. destruction or removal of protected trees referred to in section 15(1 )(a): or (ii) the prohibition on the collection, removal, transport. export, purchase or sale of protected trees referred to in section 15(1)(b), is guilty of a first category offence. (3) Any person who contravenes a prohibition or any other provision in a notice declaring a controlled forest area under section 17(3) and (4) is guilty of a second category offence. 30 35 40 45 68 No. 19408 GOVERNMENT GAZE~. 30 OCTOBER 1998 Act No. M. 1998 NATIONAL FORESTS ACT. 1998 Offences relating to use of foresfi 63. (l) Any person wh- (a) without authority, enters or is in an area of a forest which is not designated for access for recreation. education. culture or spiritual fulfillment, is guilty of a fourth category offence; (b) contravenes a rule made by an owner in terms of section 20(3) or a registered owner in terms of section 2 l(2), is guilty of a fourth category offence; (c) invades the privacy of, or causes damage to the property of, a registered owner in contravention of the prohibition referred to in section 21 (5), is guilty of a third category offence; (d) damages, removes or interferes with any beacon, bound~, fence, notice board or other structure in a forest without authority, is guilty of a fourth category offence; (e) without authority makes a mark or sign on a rock, building, tree or other vegetation in a forest. is guilty of a third category offence; 5 10 15 (~) dumps or scatters litter in a forest, is guilty of a fourth category offence. (2) Any person who, without a Iicence or other authority— ,. (a) cuts, disturbs. damages, destroys. removes or receives seven-week ferns (Rumohru adianr$orme) from any forest, is guilty of a first category OffenCe: (b) kills any animal. bird, insect or fish. is guilty of a second category offence 20 if it is in a protected area and a third category offence if it is in any other a r e a. (3) Any person who. without the pemlission of the registered owner, removes any forest produce other than trees referred to in section 62(1), from a forest other than a State forest. is guilty of a third category offence. (4) Any person who carries on an activity in a State forest for which a licence is 25 required without such a Iicence is guilty of— (u) a third category offence. if the State forest is a protected area: (b) a fourth categon offence. if the State forest is not a protected area. (5) Any person who contravenes a condition in a licence. exemption or other 30 authorisation in terms of this Act— (u) in any protected area is guilty of a second catego~ offence: (b) in any other forest is guilty of a third catego~ offence. Offences in relation to enforcement 64. ( 1 ) Any person wh~ (a) refuses or fails to produce a licence in terms of section 24(8) to a forest officer or a police officer; or (b) prevents a forest officer or police oficer from. or hinders a forest officer or police officer. acting under section 67, 68 or 69, is guilty of a fourth category offence. (2) A forest officer or employee of the Department wh~ (a) solicits or receives, or agrees to receive, any payment. advantage or reward for 35 40 1 doing anything in conflict with his or her duty: (b) solicits or receives. or agrees to receive, any payment. advantage or reward, other than his or her normal remuneration, for performing his or her duty: or 45 (c) trades in forest produce, other than forest produce grown or produced on his or her own land, or acts as an agent for any person trading in forest produce, is guilty of a second category offence. CHAPTER 8 ENFORCEMENT jO This Chapter provides for the appointment of forest oficers and sets out their powers to police the provisiorts of this Act effectively. Appointment of forest officers

65. The Director-General may— 70 No. 19W8 GOWRNMENT GAZE~. 30 OCTOBER 1998 Act No. M, 1998 NA~ONAL FORESTS ACT, 1998 (a) designate posts in the Department or in any provincial administration or local authority, whose incumbents are forest officers: and (b) appoint any other suitably qualified persons as forest officers. General powers of forest o~cers 66. (1) A reference to an offence in this Chapter is a reference to an offence in terms 5 of this Act. (2) A forest o5cer has in respect of any offence all the powers vested by law in a police o5cial. (3) A forest officer exercising powers under this Act— (a) is deemed to be a peace o5cer as defined in section 1 of the Criminal 10 Procedure Act, 1977 (Act No. 51 of 1977): (b) must carry with him or her, and produce on request, the prescribed proof of his or her identity and appointment as a forest 05cer. Power to enter and sarch 67. (1) A forest 05cer may enter and search any land or premises without a warrant 15 if he or she has reason to believe that an offence has been or is being committed there if— (a) the person in control of the land or premises consents; or (b) the forest officer has reason to believe that a warrant would be issued if he or she were to apply for such warrant, but the delay caused by applying would 20 defeat the object of the entry or search. (2) A forest 05cer may, without a warrant, stop, enter and search any vehicle or search any pack-animal which he or she reasonably suspects is being or has been used in the commission of an offence. Power to seize 25 68. (1) A forest 05cer may seize without a warrant— (a) any forest produce in respect of which he or she has reason to suspect an offence has been or is being committed; (b) any vehicle, tool. weapon. animal or other thing which he or she has reason to believe has been or is being used in the commission of an offence: 30 (c) any thing which he or she has reason to believe might be used as evidence in the prosecution of any person for an offence. (~) Where anY vehicle or animal is seized under subsection (] )(b), the person in control of the vehicle or animal must take it to the place pointed out by the forest 05cer. (3) The place pointed out must be that which in the opinion of the forest 05cer is the 35 nearest or most convenient for keeping the vehicle or animal. (4) The vehicle may be kept there pending the outcome of any proceedings in terms of this Act. (5) If the person in control of the vehicle or animal refuses to take it to the place, the forest 05cer may do so. 40 (6) In order to safeguard a vehicle which has been seized, the forest 05cer may immobilise it by removing a part. (7) The part must be kept safely and returned to the vehicle in good order when it is released. (8) An item seized under this section must be kept securely and in good order. 45 Power to arrest 69. (1) A forest 05cer may arrest any person whom he or she reasonably suspects to have committed— (a) a first, second or third category offence; or (b) a fourth category offence and who in his or her opinion will fail to appear in 50 answer to a summons. (2) In making an arrest, a forest 05cer must— (a) not use more force than is reasonably necessary if the arrest is resisted; y~ No. 19408 GOVERNMENT GAZE~, 30 OCTOBER 1998 Act No. 84, 1998 NATIONAL FORESTS ACT. 1998 (b) respect the constitutional rights of the person arrested. CHAPTER 9 GENERAL AND TRANSITIONAL PROVISIONS This Chapter deals primarily with the transition to a new legal order with regard to forests. Miscelbneous items which need to be regubted are also dealt with here. j Part I Miscelbneous Documents and steps valid under certain circumstances 70. (1) A regulation, exemption. licence or notice purportedly made, issued or given in terms of this Act— (a) (b) which does not comply with this Act. is valid if the non-compliance is not material and does not prejudice any person: may be amended or replaced without following the procedure set out in this Act if— (i) the purpose is to correct a mist&e in the regulation. exemption, licence or notice: and (ii) the correction does not change the rights and duties of any person materially. (2) The failure to t&e any steps required in terms of this Act as a prerequisite for any decision or action does not invalidate the decision or action if the failure— (a) is not material: (b) has subsequently been corrected: (c) does not prejudice any person: and (d) is not procedurally unfair. Delivery of documents 71, (1) If any notice or other document referred to in this Act must be delivered to an!- uerson, it mav— (a) (b) (c) be ~elivered by hand: be sent by registered mail— (i) to that person’s business or residential address; or (ii) in the case of ajunstic person, to its registered address or principal place of business: or where an address is utiown, despite reasonable enquiry, be published once in the Ga:erfe and once in a local newspaper circulating in the area of that person. s last known residential or business address. (2) Any document delivered in terms of subsection (1)(b) or (c) is presumed to have come to the notice of the person. unless the contrary is proved. Publication of notices in media 72. (1) Where a notice must be published or aired in terms of this Act and— (a) the required number of television channels or radio stations are not broadcasting to an area: or (b) the required number of newspapers are not circulated in an area, the organ of State responsible for publication may do so in such lesser number of media as to reach the area concerned. (~) If an emPloYee of a [elevlslon channel or radio station signs an affidavit confirming— (a) publication of a notice. it is presumed that the notice has been published; or (b) that a television channel or radio station is broadcasting to a particular area. it is presumed that it is so broadcasting, until the contrary is proved. 10 15 30 35 40 45 50 74 No. 19408 GOVERNMENT GAZE~E, 30 OCTOBER 1998 Act No. M, 1998 NATtONAL FORESTS ACT. 1998 (3) If an employee of a newspaper signs an afidavit confirming that a newspaper circulates in a particular area, it is presumed that it does, until the contrary is proved. Part 2 Repeal and amendment of bws, savings, short title and commencement Repeal of laws 5 73. (1) The laws referred to in Schedule 1 are repealed to the extent indicated in the third column of that Schedule. (2) (a) The definitions of “chief executive oticer”, “ ‘fund’ in Part IX’.. “institute’. and “national botanic garden’. in section 1, and sections 57 to 72, 73( 1 )(g) and 89(3) of. and Schedule 1 to, the Forest Act, 1984 (Act No. 122 of 1984); 10 (b) sections 1,4 to 10 and 12 of the Forest Amendment Act, 1991 (Act No. 53 of 1991); and (c) sections 46 and 47 of the Transfer of Powers and Duties of the State President Act, 1986 (Act No. 97 of 1986), in so far as they amend the Forest Act. 1984. are repealed with effect from a date to be published by the Minister in the Gazette. which 15 may not be earlier than the date on which a law or an amendment to a law is promulgated providing for the matters dealt with in those sections md that Schedule. Savings 74. (1) Anything done in terms of a law repealed by this Act— (a) remains valid if it is consistent with this Act. until repealed or overridden: and 20 (b) becomes administrative action in terms of the corresponding provision of this Act. (2) Any regulation made in terms of the Forest Act. 1984 (Act No. 122 of 1984)— (a) remains valid if it is consistent with this Act. until it is repealed by the Minister: and (b) becomes a regulation made in terms of sections j3 and 54 of this Act. (3) Assignments and delegations of powers or duties under the Forest Act. 1984. become assignments or delegations under this Act if they are consistent uith this .4ct. (4) The Tweefontein Timber Company Limited continues to exist with the same assets. liabilities. rights and obligations despite the repeal b~’ section 73(1). (j) Section 17 of the Forest Act. 1984. remains in force for purposes onl) of determining prices in contracts— (a) entered into before this Act comes into force: and (b) which would. in the absence of section 17. be incomplete. Amendment of section 1 of Act 128 of 1992

1. Section 2 of the Forestry Laws Rationalisation and Amendment Act, 1994. is amended by the deletion of subsection (2). Substitution of section 3 of Act 51 of 1994

2. The following section is substituted for section 3 of the Forestv Laws Rationalisation and Amendment Act. 1994: “Repeal of Act 15 of 1984 (fianskei)

3. The Forestr] Council Act. 1984 (Act No. 15 of 1984) (Tr~nskei). is repealed.’.. Repeal of sections 5,6 and 7 of Act 51 of 1994

3. Sections 5.6 and 7 of the Forestry Laws Rationalisation and Amendment Act. 1994. are repealed. Substitution of Schedule 1 to Act 51 of 1994

4. The following Schedule is substituted for Schedule 1 to the Forestr! Laus Rationalisation and Amendment .4ct. 1994: I “Schedule 1 Laws repealed by section 1(1) Short title Extent of repeal Watdr B~rk Industr) .Ac[. 1960 W“tirtle Bark Industr! .Amendmen[ Act. 1967 U’arrle BarL [ndustr! Amendmenr Act. 1974 The \vhole The whole The whole N-umber and : ear of Iaw AC! Xo. 23 of 1900 .Act No. 44 of 1967 Act No 59 of 1974 Act No, 24 of 1986 Wuttle Bfirh lrrdustr: Arnendment Ac(, 1986 The \vhole uons. I 967 Pmcllmarion No. 19 I of Trust Forest Re:ula- 1967 Procltirntioorr No. 340 of 1 96s Act No. 72 Of l~6S Act \(). 37 of 1971 ,, Forest Ac[. 1968 Forest Amendment Act. 1971 Fore$! Amendment Act, ] Q72 Act N(1. 4(1 of 197? The whole. except re:Ll- Ifit)on ?1 The \vhrrle The whole The !4 hole The u hole Area of national terri- tor} in respect of which la\3 is repealed The former Republics of Transkel. Bophuthatsu’anti. Vends and CisLei and the former self-gO\ emmg ttm[orles of Lebowa. Gazankulu. Qwaqwa. K\\aZulu. KwmNdebele and KuN:\&,arre The tormer seli”-govem- irrg territories of Lebowa. Gazankulu. Qwaqwa. Kwtiuiu. KwaNdebele and KaN:wane Thc former Repubhc of Bophuthatsu ana and the former self-: ovemmg temlorles of Gazxnkulu. Q\\~qwa find K\\~Ndebele 82 No. 19408 GOVERNMENT GAZE~E. 30 OCTOBER 1998 Act No. M, 1998 NAmONAL FORESTS ACT. 1998 Number and year of law Short title Extent of repeal Act No. 45 of 1973 I I Act No. 57 of 1974 I Act No. ,60f ,975 Act No. 58 of 1976 Act No. 60 of 1969 + Act No. 6 of 1971 Act NO. ~ of 1972 Act No. 7 of 1974 1 Act No. 20 of 1985 Act No. 13 of 1978rAct NO. 15 of 1980 ACI NO. ~ of 1990 Forest Amendment Act. 1973 Forest Amendment Act. 1974 Forest Amendmen[ Aci. 1975 Forest Amendment Act. 1976 Trdnskei Forest Act. 1969 Transkciarr Nature Con- sewatlon Act. 1971 Transkeian General Law Amendment Act. 1972 Transkeian Forest Amendment .4ct. 1974 CIskeian Forest~ Act. 1976 Forestn Amendment 4ci, 1985 (Ciskei ) .ebowa Forestn Ac[. 197s Kwtiulu Forest~ Act. I 980 KwaZulu Forestry Amendment Acl. I 990 ‘orest .Ac[. I 98 I \“end~ I Kukglvane Fores[r} 4CI. 19hl The whole The whole The whole The whole The whole Section 38 only m so tar as it amends the Transkei Forest Act. 1969 The whole The whole The whole The whole The whole The whole The whole The \\ hole The whole Area of national terri- tory in respect of which law is repealed The former self-govem- lng territories of Qwaqwa and KwaNdebele The former self-govem- ing terntog of KwaNdebele The former Republic of Transkel The former Republlc of Ciske! The former self-: ovem- )n: territon of Lebowti The fomer self-govem- In: terrltor! of Kw Zulu The i(,rmcr Republic of \;enda The former self-g(I\ ern- lIIS [Crnlor) of KaX:wane” I Repeal of Schedule 2 to Act 51 of 1994

5. Schedule 2 to the Forestn Laus Rationalisation and Amendment Act. 1994. is repealed. Substitution of Schedule 3 to Act 51 of 1994

6. The following Schedule is substituted for Schedule 3 to the Forestry Laws Rationalisation and Amendment Act, 1994: “Schedule 3 EXTENSION OF APPLICATION OF CERTAIN LAW’S BY SECTION 2 ~umber and year of law Short title Act No, 23 of 1960 Act No. ]~8 Of tY92 Act of 199S Act of 1998 Wattle Bark Industw Ac!. 1960 Marru:ement of State Forests Act. 1992 ‘. Nat!(~n~l Forests Ac[. 14~S Xtioonu] Veld and Forest Fire Act. IYYS > Extent of extension of applica- tion The whole The whole The whole The whole”