National Forests Act, 1998 (Act No. 84 of 1998)RegulationsRegulations under the National Forests Act 84 of 1998Chapter 4 : Licences4. General |
| (1) | In every application for a licence brought in terms of the provisions of the Act, the requirements set out in these regulations for a licence must be followed, as well as contain the following information— |
| (a) | the personal details of the applicant, including— |
| (i) | the name; |
| (ii) | the addresses; |
| (iii) | identity number; |
| (iv) | contact telephone numbers; |
| (v) | email address; |
| (vi) | gender; and |
| (vii) | race; |
| (b) | the activity for which the licence is being applied for; |
| (c) | the area where the activity will take place; and |
| (d) | the period for which the licence is required for. |
| (2) | In every application for a licence brought in terms of the provisions of the Act by a person who claims to be applying on behalf of a community or other legal entity, the applicant must state— |
| (a) | the name of the community or entity and its location or relationship with respect to the State forest; |
| (b) | whether or not the community or entity is a party to a community forestry agreement under section 30 of the Act; |
| (c) | whether or not the community is a communal property association under the Communal Property Associations Act, 1996 (Act No. 28 of1996); or |
| (d) | if it is not a communal property association, the nature of the legal entity. |
| (3) | No application for a licence will be considered until an applicant submits proof that he or she has complied with the Acts referred to as a "specific environmental management Act" in the National Environmental Management Act, 1998 (Act No. 107 of 1998). or any other Act that is applicable to the application. |
| (4) | Any fee payable under section 55(a) of the Act must be paid as soon as the licence is issued, and— |
| (a) | if the licence is issued for a fixed period, the total amount for that period, unless the Minister has agreed to different terms; or |
| (b) | if the licence is issued for an indefinite period, the total amount for that period or at intervals set by the Minister, but the period or intervals must be for at least three months. |
| (5) | No licensee may— |
| (a) | in any way interfere with— |
| (i) | the lawful exercise of any right granted to any person under licence issued under the Act or these regulations; or |
| (ii) | any forest officer or official of the Department in the performance of his or her duties under the Act or these regulations; |
| (b) | plant any weed or invasive plant in any area in respect of which a licence has been issued, unless permitted to do so in terms of the licence or any other law; and |
| (c) | burn any live or dead tree, plant or vegetation without the consent and supervision of a forest officer or other authorized official of the Department. |
| (6) | Where a licensee has paid a fee as contemplated in section 55(a) of the Act for a licence which has been issued for a fixed period and the Minister amends, suspends or cancels the licence in terms of the provisions of section 25(2)(a) of the Act which amendment, suspension or cancellation was not due to any act or omission on the part of the licensee, the Minister must pay to the licensee the proportional amount of the unexpired period of the licence. |