National Forests Act, 1998 (Act No. 84 of 1998)Chapter 2 : Sustainable Forest ManagementPart 1 : Management3. Principles to guide decisions affecting forests |
| (1) | The principles set out in subsection (3) must be considered and applied in a balanced way— |
| (a) | in the exercise of any power or the performance of any duty in terms of this Act; |
| (b) | in the development and implementation of government policies affecting forests; |
| (c) | in the exercise of any power or the performance of any duty in terms of any other legislation where the exercise of that power or the performance of that duty will impact on a natural forest or woodland; |
| (d) | in the issuing of a licence or other authorisation relating to the use of water for afforestation or forestry in terms of section 39(1) or 40(1) of the National Water Act, 1998; and |
| (e) | by any person required in terms of any legislation to carry out an environmental impact assessment in respect of any activity which will or may have an effect on natural forests or woodlands. |
| (2) | An organ of State applying these principles must— |
| (a) | take into account the differences between natural forests, woodlands and plantations; |
| (b) | recognise that conservation of biological diversity within plantations should be promoted in a way which is consistent with the primary economic purpose for which the plantation was established; |
| (c) | only apply those principles which it considers relevant to the decision or action which is contemplated; and |
| (d) | give such weight to each principle as it considers appropriate. |
| (3) | The principles are that— |
| (a) | natural forests must not be destroyed save in exceptional circumstances where, in the opinion of the Minister, a proposed new land use is preferable in terms of its economic, social or environmental benefits; |
| (b) | a minimum area of each woodland type should be conserved; and |
| (c) | forests must be developed and managed so as to— |
| (i) | conserve biological diversity, ecosystems and habitats; |
| (ii) | sustain the potential yield of their economic, social and environmental benefits; |
| (iii) | promote the fair distribution of their economic, social, health and environmental benefits; |
| (iv) | promote their health and vitality; |
| (v) | conserve natural resources, especially soil and water; |
| (vi) | conserve heritage resources and promote aesthetic, cultural and spiritual values; and |
| (vii) | advance persons or categories of persons disadvantaged by unfair discrimination. |
| (4) | The Minister must determine the minimum area of each woodland type to be conserved in terms of subsection (3)(b) on the basis of scientific advice. |