Defence Act, 2002 (Act No. 42 of 2002)Chapter 10 : Training65. Designation of areas for training |
| 1) | Subject to subsections (2) and (3), and the National Environmental Management Act, 1998 (Act 107 of 1998), the Minister may, at the request of the Chief of the Defence Force, as and when the exigencies of the training require, designate any area, whether on public or private property, as an area in which the Defence Force may conduct military exercises. |
| 2) |
| a) | Before acting in terms of subsection (1), the Minister must publish a notice in the Gazette and a notice in at least two official languages in newspapers circulating in the area in question and must also post suitable public notices, to the effect that such area is to be designated as a training area under subsection (1) and inviting all interested parties to furnish him or her with representations with regard thereto by not later than a date specified in the notice. |
| b) | Any such representations must be considered by the Minister before acting in terms of subsection (1). |
| 3) |
| a) | Before the Minister may designate any private property under subsection (1), the Minister must obtain the approval of the lawful occupier of the property in question. |
| b) | If the approval is being withheld unreasonably or cannot be obtained after a reasonable attempt, the Minister may designate the area as a training area. |
| 4) | The Minister must- |
| a) | issue a certificate at the completion of the military exercises to the effect that the area in question has been cleared of all live ammunition and other objects which could cause injury; and |
| b) | prescribe the conditions under which compensation may be claimed by or paid to an occupier for any damage or loss sustained as a direct consequence of military exercises so conducted. |