National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)Chapter 6 : Acquisition of Rights in or to Land82. Cancellation of servitude on, or privately held right in or to, state land |
| (1) | The Minister, acting with the concurrence of the Cabinet member responsible for public works, may take any steps necessary to cancel a servitude on state land, or a privately held right in or to state land, which has been or is proposed to be declared as or included in a national protected area. |
| (2) | The MEC, acting with the concurrence of the MEC responsible for public works in the province, may take any steps necessary to cancel a servitude on provincial land, or a privately held right in or to provincial land, which has been or is proposed to be declared as or included in a provincial protected area. |
| (3) | If the Minister or MEC fails to reach an agreement with the owner of the property in whose favour the servitude is registered or with the person holding the right, the Minister or MEC may expropriate the servitude or the privately held right in or to State land, in accordance with the Expropriation Act, 1975 (Act No. 63 or 1975), subject to section 25 of the Constitution. |
[Section 82(3) substituted by section 26 of Act 14 of 2009]
[Section 82 inserted by section 23 of Act No. 31 of 2004]