National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)Chapter 1 : Interpretation, Objectives and Application of Act1. Definitions |
| (1) | In this Act, unless the context indicates otherwise— |
means an airborne craft of any type whatsoever, whether self-propelled or not, and includes a hovercraft;
means the National Environmental Management: Biodiversity Act, 2003;
"biological diversity" or "biodiversity"
has the meaning ascribed to it in section 1 of Biodiversity Act;
means any resource consisting of—
| (a) | a living or dead animal, plant or other organism of an indigenous species; |
| (b) | a derivative of such an animal, plant or other organism, as defined in section 1 of the Biodiversity Act; or |
| (c) | any genetic material of such animal, plant or other organism, as defined in section 1 of the Biodiversity Act; |
means the Board of South African National Parks referred to in section 57;
[Definition inserted by section 1(a) of Act No. 31 of 2004]
means the Chief Executive Officer of South African National Parks appointed in terms of section 72;
[Definition inserted by section 1(a) of Act No. 31 of 2004]
when used in relation to—
| (a) | the Minister, means declare by notice in the Government Gazette; and |
| (b) | the MEC, means designate by notice in the Provincial Gazette; |
means the national Department responsible for administering environmental affairs;
[Definition substituted by section 1(a) of Act No. 21 of 2014]
when used in relation to—
| (a) | the Minister, means designate by notice in the Government Gazette; |
| (b) | the MEC, means designate by notice in the Provincial Gazette, |
means the Director-General of the Department;
means the sum of the biological, physical and chemical components of an ecosystem, and their interactions which maintain the ecosystem and its products, functions and attributes;
means a dynamic complex of animal, plant and micro-organism communities and their non-living environment interacting as a functional unit;
includes –
| (a) | benefits obtained from ecosystems such as food, fuel and fibre and genetic resources; |
| (b) | benefits from the regulation of ecosystem processes such as climate regulation, disease and flood control and detoxification; and |
| (c) | cultural non-material benefits obtained from ecosystems and such as benefits of a spiritual, recreational, aesthetic, inspirational, educational, community and symbolic nature; |
when used as a verb, has the meaning, with the changes required by the context, ascribed to 'fishing' in section 1 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998);
[Definition inserted by section 1(b) of Act No. 21 of 2014]
when used in relation to—
| (a) | the Minister, means the Government Gazette; and |
| (b) | the MEC, means the Provincial Gazette of that province; |
"habitat"
in relation to a specific species, means a place or type of site where such species naturally occurs;
"indigenous species"
in relation to a specific protected area, means a species that occurs, or has historically occurred, naturally in a free state in nature within that specific protected area, but excludes a species introduced in that protected area as a result of human activity;
"lawful occupier"
includes an occupier protected under the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996), or the extension of Security of Tenure Act, 1997 (Act No. 26 of 1997), if the land regarding which the occupier enjoys such protection falls within a protected area or is proposed to be declared as or included in a protected area;
"local community"
means any community of people living or having rights or interests in a distinct geographical area;
"local protected area"
means a nature reserve or protected environment managed by a municipality;
in relation to a protected area, includes control, protection, conservation, maintenance and rehabilitation of the protected area with due regard to the use and extraction of biological resources, community-based practices and benefit-sharing activities in the area in a manner consistent with the Biodiversity Act;
"management authority"
in relation to a protected area, means the organ of state or other institution or person in which the authority to manage the protected area is vested;
"marine protected area"
means an area declared as a marine protected area in terms of section 22A;
[Definition substituted by section 1(c) of Act No. 21 of 2014]
means waters that form part of the internal waters, territorial waters and the exclusive economic zone of the Republic, respectively referred to in sections 3, 4 and 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994), and includes an estuary defined in section 1 of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);
[Definition inserted by section 1(d) of Act No. 21 of 2014]
"MEC"
means the member of the Executive Council of a province in whose portfolio provincial protected areas in the province fall;
"Minister"
means the Cabinet member responsible for national environmental management;
"municipality"
means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
"National Environmental Management Act"
means the National Environmental Management Act, 1998 (Act No. 107 of 1998);
"national environmental management principles"
means the principles contained in section 2 of the National Environmental Management Act;
means—
| (a) | an area which was a park in terms of the National Parks Act, 1976 (Act No. 57 of 1976), immediately before the repeal of that Act by section 90(1) of this Act, and includes a park established in terms of an agreement between a local community and the Minister which has been ratified by Parliament; or |
| (b) | an area declared or regarded as having been declared in terms of section 20 as a national park, |
and includes an area declared in terms of section 20 as part of an area referred to in paragraph (a) or (b) above;
[Definition inserted by section 1(c) of Act No. 31 of 2004]
"National Parks Land Acquisition Fund"
means the fund established by section 12A of the National Parks Act, 1976 (Act No. 57 of 1976);
[Definition inserted by section 1(c) of Act No. 31 of 2004]
"national protected area"
means –
| (a) | a special nature reserve; |
| (b) | a national park; |
| (bA) | a marine protected area; or |
| (c) | a nature reserve or protected environment— |
| (i) | managed by a national organ of state; or |
| (ii) | which falls under the jurisdiction of the Minister for any other reason; |
[Definition substituted by section 1(e) of Act No. 21 of 2014]
"nature reserve"
means—
| (a) | an area declared, or regarded as having been declared, in terms of section 23 as a nature reserve; or |
| (b) | an area which before or after the commencement of this Act was or is declared or designated in terms of provincial legislation for a purpose for which that area could in terms of section 23(2) be declared as a nature reserve, |
and includes an area declared in terms of section 23(1) as part of an area referred to in paragraph (a) or (b) above;
"organ of state"
has the meaning assigned to it in section 239 of the Constitution;
"prescribe"
means prescribe by the Minister by regulation in terms of section 86;
"protected area"
means any of the protected areas referred to in section 9;
"protected environment"
means—
| (a) | an area declared, or regarded as having been declared, in terms of section 28 as a protected environment; |
| (b) | an area which before or after the commencement of this Act was or is declared or designated in terms of provincial legislation for a purpose for which that area could in terms of section 28(2) be declared as a protected environment; or |
| (c) | an area which was a lake area in terms of the Lake Areas Development Act, 1975 (Act No. 39 of 1975), immediately before the repeal of that Act by section 90(1) of this Act, |
and includes an area declared in terms of section 28(1) as part of an area referred to in paragraph (a) [or], (b) or (c) above;
[Definition substituted by section 1(e) of Act No. 31 of 2004]
"provincial protected area"
means a nature reserve or protected environment—
| (a) | managed by a provincial organ of state; or |
| (b) | with falls under the jurisdiction of a province for any other reason; |
"Public Finance Management Act"
means that Public Finance Management Act, 1999 (Act No. 1 of 1999);
"special nature reserve"
means—
| (a) | an area which was a special nature reserve in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), immediately before the repeal of section 18 of that Act by section 90 of this Act; or |
| (b) | an area declared, or regarded as having been declared, in terms of section 18 as a special nature reserve, |
and includes an area declared in terms of section 18 as part of an area referred to in paragraph (a) or (b) above;
"species"
means a kind of animal, plant or other organism, including any subspecies, cultivar, variety, geographic race, strain, hybrid or geographically separate population;
"subordinate legislation"
means any regulation made or notice issued under or in terms of this Act;
"the Fund"
means the National Parks Land Acquisition Fund;
[Definition inserted by section 1(f) of Act No. 31 of 2004]
includes any subordinate legislation;
"wilderness area"
means an area designated in terms of section 22 or 26 for the purpose of retaining an intrinsically wild appearance and character or capable of being restored to such and which is undeveloped and roadless, without permanent improvements or human habitation;
"world heritage site"
means a world heritage site in terms of the World Heritage Convention Act, 1999 (Act No. 49 or 1999).
| (2) | In this Act words or expressions derived from words or expression defined in subsection (1) have corresponding meanings unless the context indicates otherwise. |