National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Chapter 4 : Declaration of Protected Areas

Part 6 : General

35. Initiation of declaration

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(1)The declaration of private land as a special nature reserve, national park, nature reserve or protected environment, or as part thereof, may be initiated either by the Minister or the MEC or the owners of that land acting individually or collectively.

[Section 35(1) substituted by section 11(a) of Act No. 31 of 2004]

 

(2)Any request received by the Minister or an MEC from the owners of private land for their land to be declared must be considered by the Minister or MEC.

 

(3)

(a)The terms of any written agreement entered into between the Minister, South African National Parks or an MEC and the owner of private land in terms of section 18(3), 20(3) or 23(3) are binding on the successors in title of such owner.

[Section 35(3)(a) substituted  by section 11(b) of Act No. 31 of 2004]

(b)The terms of agreement must be recorded in a notarial deed and registered against the title deeds of the property.