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

Chapter 3 : Special Measures to Protect Forests and Trees

Part 2 : Protected areas

9. Procedure for declaring protected areas

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(1)Before declaring an area under section 8(1), the Minister must—
(a)give notice of the proposal to declare a protected area and invite comments and objections within a specified period;
(b)consider the comments and objections received in response to the notice; and
(c)in the case of a trust forest, consult with the communities residing on the land adjoining the proposed protected area.

 

(2)The Minister must—
(a)
(i)publish the notice referred to in subsection (1) in the Gazette and two newspapers circulating in the area; and
(ii)air such notice on two radio stations broadcasting to the area; and
(b)deliver it to—
(i)the Council;
(ii)the Committee for Environmental Co-ordination, established by section 12 of the Environment Conservation Act, 1989 (Act No. 73 of 1989);
(iii)the member of the executive council responsible for nature conservation in the province in which the area falls;
(iv)the chief executive officer of the local authority for the area; and
(v)any person or organ of State to whom control of the area in question has been transferred, whether by way of assignment, delegation, contract or otherwise.

 

(3)The Minister declares a protected area by publishing a notice in the media referred to in subsection (2)(a)—
(a)recording his or her decision;
(b)naming the protected area; and
(c)describing the area set aside.