National Forests Act, 1998 (Act No. 84 of 1998)

Chapter 4 : Use of Forests

Part 2 : Vesting and granting of rights to use State forests

22. Vesting of rights
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(1)The rights to—
(a)the use, management, control and operation of; and
(b)the forest produce in,

State forests, vest in the national executive of the Republic, represented by the Minister, despite any other law but subject to—

(i)this act;
(ii)an order of the Land Claims Court restoring or granting rights in a State forest to a claimant in terms of section 35(1) of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994); and
(iii)rights protected in terms of the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996).

 

(2)        The Minister, the Director-General or an arbitrator, as the case may be, may not—

(a)make or change a designation or rules under section 11(2)(b) or 20(6);
(b)make a ruling in terms of section 20(10);
(c)grant a licence under section 23;
(d)grant a servitude under section 26; or
(e)enter into an agreement under section 27, 28 or 30,

if doing so conflicts with an existing right under a licence, servitude or agreement referred to in this Chapter or section 77(2) and the persons affected have not consented.