National Forests Act, 1998 (Act No. 84 of 1998)Chapter 3 : Special Measures to Protect Forests and TreesPart 2 : Protected areas9. Procedure for declaring protected areas |
| (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. |