Environment Conservation Act, 1989 (Act No. 73 of 1989)Part III : Protection of Natural Environment16. Protected natural environment |
| 1) | A competent authority may by notice in the Official Gazette concerned declare any area defined by him, to be a protected natural environment and may allocate a name to such area: Provided that such protected natural environment may only be declared- |
| a) | if in the opinion of the competent authority there are adequate grounds to presume that the declaration will substantially promote the preservation of specific ecological processes, natural systems, natural beauty or species of indigenous wildlife or the preservation of biotic diversity in general; and |
| b) | after consultation with the owners of, and the holders of real rights in, land situated within the defined area: Provided that where such owners and holders cannot readily be located the competent authority shall give notice in the Official Gazette and in one Afrikaans and one English newspaper circulating within the district where the land is situated, of his intention to declare such land to be a protected natural environment and invite such owners and holders to lodge any complaints against the intended declaration with the Director-General of that province within 30 days from the date of the notice. |
| 1A) | A competent authority may, by notice in the Official Gazette- |
| c) | exclude any area from a protected natural environment and amend the description of the protected natural environment accordingly; |
| d) | withdraw the declaration of any protected natural environment; and |
| e) | change the name of any protected natural environment. |
| 1B) | The provisions of subsection (1)(b) shall mutatis mutandis apply to the exclusion of an area from a protected natural environment and the withdrawal of a declaration of a protected natural environment: Provided that the withdrawal of a declaration of a protected natural environment may only take place after consultation with any local authority or government institution (if any) to which the control and management of the area concerned had been assigned in terms of subsection (6)(a). |
| 2) | The competent authority may by notice in the Official Gazette concerned issue directions in respect of any land or water in a protected natural environment in order to achieve the general policy and objects of this Act: Provided that- |
| a) | a copy of the directions applicable to the area shall be handed or forwarded by post to the last-known address of every owner of, and every holder of a real right in, the land in question; and |
| b) | the directions shall only be issued with the concurrence of each Minister charged with the administration of any law which in the opinion of the competent authority relates to a matter affecting the environment in that area. |
| 2A) | The competent authority may, subject to the provisions of any other law pertaining to land, and subject to the proviso to subsection (2), amend or repeal any direction issued under the said subsection. |
| 3) | Every owner of, and every holder of a real right in, land situated within a protected natural environment in respect of which directions have been issued in terms of subsection (2) or amended in terms of subsection (2A), and the successors in title of such owner and the holder of the real right, shall be subject to the provisions of such directions. |
| 4) | The competent authority shall in writing direct the registrar of deeds of the deeds registry in which the title deed of land referred to in subsection (3) is registered, to make an entry of the directions in question in his registers and to endorse the office copy of the title deed accordingly. |
| 5) | The competent authority may with the concurrence of the Minister of State Expenditure out of money appropriated by the provincial legislature concerned for that purpose and subject to such conditions as he may determine, render financial aid by way of grants or otherwise to the owner of, and the holder of a real right in, land situated within a protected natural environment in respect of expenses incurred by the owner or holder of the right in compliance with any direction issued in terms of subsection (2). |
| 6) | A competent authority may- |
| a) | with the concurrence of a local authority or government institution assign the control and management of a protected natural environment to such local authority or government institution; or |
| b) | withdraw such control and management from such local authority or government institution. |