National Forests Act, 1998 (Act No. 84 of 1998)Chapter 4 : Use of ForestsPart 2 : Vesting and granting of rights to use State forests26. Servitudes in State forests |
| (1) | The Minister may grant a servitude in a State forest if— |
| (a) | in the case of State forests other than trust forests, the Minister of Public Works agrees; or |
| (b) | in the case of trust forests on land held in trust by the Ingonyama referred to in the KwaZulu Ingonyama Trust Act, 1994 (KwaZulu Act No. 3 of 1994), the authority with the necessary power in terms of that Act agrees; or |
| (c) | in the case of trust forests other than those referred to in paragraph (b), the Minister of Land Affairs agrees; and |
| (d) | it does not conflict with an existing right; and |
| (e) | it does not materially affect the ecology and the useful extent of the State forest; and |
| (f) | there is compliance with section 10(2) where it is a protected area. |
| (2) | Any agreement entered into with the Minister creating the servitude may include such provisions as he or she considers appropriate, including payment for the rights granted under the servitude. |
| (3) | A community or members of a community who are granted a servitude of right of way in order to walk to or from their homes are exempt from payment for such rights. |
| (4) | The Minister must keep a register of all servitudes granted under subsection (1). |
| (5) | The Minister must license any activity which is permitted under a servitude. |
| (6) | No servitude or other right of any nature in a State forest may be acquired by prescription. |