National Forests Act, 1998 (Act No. 84 of 1998)Chapter 7 : Offences and PenaltiesPart 2 : Offences63. Offences relating to use of forests |
| (1) | Any person who— |
| (a) | without authority, enters or is in an area of a forest which is not designated for access for recreation, education, culture or spiritual fulfilment, is guilty of a fourth category offence; |
| (b) | contravenes a rule made by an owner in terms of section 20(3) or a registered owner in terms of section 21(2), is guilty of a fourth category offence; |
| (c) | invades the privacy of, or causes damage to the property of, a registered owner in contravention of the prohibition referred to in section 21(5), is guilty of a third category offence; |
| (d) | damages, removes or interferes with any beacon, boundary, fence, notice board or other structure in a forest without authority, is guilty of a fourth category offence; |
| (e) | without authority makes a mark or sign on a rock, building, tree or other vegetation in a forest, is guilty of a third category offence; |
| (f) | dumps or scatters litter in a forest, is guilty of a fourth category offence. |
| (2) | Any person who, without a licence or other authority— |
| (a) | cuts, disturbs, damages, destroys, removes or receives seven-week ferns (Rumohra adiantiforme) from any forest, is guilty of a first category offence; |
| (aA) | cuts, disturbs, damages, destroys, removes or receives forest produce other than seven-week ferns (Rumohra adiantiforme) from any forest is guilty of a third category offence. |
| (b) | kills any animal, bird, insect or fish, is guilty of a second category offence if it is in a protected area and a third category offence if it is in any other area. |
| (3) | Any person who, without the permission of the registered owner, removes any forest produce other than trees referred to in section 62(1), from a forest other than a State forest, is guilty of a third category offence. |
| (4) | Any person who carries on an activity in a State forest for which a licence is required without such a licence is guilty of— |
| (a) | a third category offence, if the State forest is a protected area; |
| (b) | a fourth category offence, if the State forest is not a protected area. |
| (5) | Any person who contravenes a condition in a licence, exemption or other authorisation in terms of this Act— |
| (a) | in any protected area is guilty of a second category offence; |
| (b) | in any other forest is guilty of a third category offence. |