| (1) | The Minister, acting with the approval of the Cabinet member responsible for the administration of the land in question may, by notice in the Gazette, declare any state land described in the notice as a— |
| (b) | part of an existing national botanical garden. |
| (2) | The Minister, acting in accordance with an agreement with the owner of the land described in that agreement may, by notice in the Gazette declare that land as a— |
| (a) | national botanical garden; or |
| (b) | part of an existing national botanical garden. |
| (3) | A notice in terms of subsection (1)(a) or (2)(a) must assign a name to the national botanical garden, and Schedule 1 must be amended accordingly. |
[Section 33(3) substituted by section 31(a) of Act No. 14 of 2009]
| (4) | All notices in terms of sections (1), (2) and (3) must be included in Schedule 1 to this Act, which will contain the name and definition of the land in question, of all proclaimed national botanical gardens. |
[Section 33(4) substituted by section 31(b) of Act No. 14 of 2009]
