Part 1 Provincial Nature Reserves
Declaration of Provincial Nature Reserves
15. (1) The MEC may by notice in the Provincial Gazette –
(a) declare an area specified in the notice as a Provincial Nature Reserve, taking into account the criteria set out in item 1 of Schedule 1;
(b) assign a name to the Provincial Nature Reserve so declared;
(c) amend the size or composition of a Provincial Nature Reserve; or
(d) withdraw the declaration of a Provincial Nature Reserve.
(2) The MEC –
(a) may publish a notice in terms of subsection (1) only with the approval of the Executive Council; and
(b) must table as soon as practicable every notice published in terms of subsection (1) in the Provincial Legislature.
(3) Part 5 of this Chapter must be complied with before a notice is published in terms of subsection (1).
Acquisition of land for Provincial Nature Reserves
16. (1) The MEC may, with the approval of the Executive Council, acquire land or any right in or to land for the purposes of a Provincial Nature Reserve by –
(a) purchasing the land;
(b) exchanging the land for provincial land situated outside a Provincial Nature Reserve; or
(c) expropriating the land if no agreement can be reached with the owner.
(2) The Expropriation Act, 1975 (Act No. 63 of 1975), applies with respect to any acquisition of land or right in or to land in terms of subsection (1)(c).
Management of Provincial Nature Reserves
17. (1) The MEC may by notice in the Provincial Gazette –
(a) where the Environmental Management Authority is not the executing agent, appoint a competent natural or juristic person to be the Management Agency to control, manage, maintain and develop environmental issues within a Provincial Nature Reserve;
(b) disclose the powers and duties of the Management Agency of a Provincial Nature Reserve;
(c) provide a management framework, norms and standards for
(i) biodiversity management and conservation in a Provincial Nature Reserve;
(ii) sustainable use of biological resources in a Provincial Nature Reserve;
(iii) environmental education and community development in and adjacent to a Provincial Nature Reserve;
(iv) ecotourism in a Provincial Nature Reserve;
(v) commercial activities in a Provincial Nature Reserve, including any activities resulting in the consumptive use of species or aimed at raising revenue.
(2) The Management Agency shall be obliged
(a) to control, manage, maintain and develop environmental issues within a Provincial Nature Reserve in accordance with this Act, any regulations made under this Act and any other environmental legislation;
(b) to employ an appropriate environmental management system agreed to by
the MEC to
(i) set measurable targets for fulfilling their obligation as referred to in paragraph (a), including dates for the achievement of such targets; and
(ii) provide for(aa) periodic monitoring and reporting of performance against
targets;
(bb) independent verification of reports;
(cc) regular independent monitoring and inspections;
(dd) verifiable indicators of compliance with any targets, norms and standards laid down in subsection(1)(b) as well as any obligations required by law; and
(ee) measures to be taken in the event of non-compliance and improvement on the standards laid down for the protection of the environment.
(3) The MEC –
(a) may publish a notice in terms of subsection (1) only with the approval of the Executive Council; and
(b) must table as soon as practicable every notice published in terms of subsection (1) in the Provincial Legislature.
(4) The Environmental Management Authority or Management Agency appointed in terms of this Chapter may, subject to the provisions of environmental legislation, within a Provincial Nature Reserve–
(a) undertake any development necessary for the control, management or maintenance of environmental issues within the Provincial Nature Reserve;
(b) take steps to ensure the security, protection and conservation of animal and plant life in their natural state;
(c) manage breeding programmes;
(d) provide accommodation for visitors and facilities in connection therewith;
(e) provide meals and refreshments for visitors and staff;
(f) carry on any business or trade or provide other services for the
convenience of visitors or staff;
(g) establish, erect, equip and maintain any building, structure, depot or
premises that may be required for the purposes of this section and let any
such building or premises to a member of the public or the staff;
(h) determine and collect fees for any service referred to in paragraph (d), (e)
or (f);
(i) authorise any person to provide, subject to such conditions and the
payment of such fees as it may deem fit, any service in terms of paragraph
(d),(e) and (f); and
(j) perform any other functions which are necessary to control, manage and
maintain environmental issues within a Provincial Nature Reserve.
(5) Only the Environmental Management Authority may
(a) sell, exchange or donate animals, plants or aquatic biota found in any Provincial Nature Reserve; or
(b) acquire any animal, plant or aquatic biota which the Environment Management Authority may consider desirable to introduce into any Provincial Nature Reserve.
Part 2 Sites of Ecological Importance
Declaration of Sites of Ecological Importance
18. (1) The MEC may by notice in the Provincial Gazette –
(a) declare an area specified in the notice as a Site of Ecological Importance,
taking into account the criteria set out in item 2 of Schedule 1;
(b) assign a name to the Site of Ecological Importance so declared;
(c) amend the size or composition of the Site of Ecological Importance; or
(d) withdraw the declaration of a Site of Ecological Importance.
(2) If a site referred to in subsection (1) –
(a) is situated on land which is owned by the Provincial Government –
(i) the site may only be declared with the approval of the Executive Council; and
(ii) the notice containing the declaration must be tabled in the Provincial Legislature as soon as is practicable; or
(b) is situated wholly or partially on privately owned land the site may only be declared with the concurrence of the private owner .
(3) Part 5 of this Chapter must be complied with before a notice is published in terms of subsection (1).
Acquisition of land on which Sites of Ecological Importance are situated
19. (1) The MEC may, with the approval of the Executive Council, acquire private land or any right in or to private land on which a Site of Ecological Importance has been or is proposed to be declared by –
(a) purchasing the land;
(b) exchanging the land for provincial land; or
(c) expropriating the land, if no agreement can be reached with the owner.
(2) The Expropriation Act, 1975 (Act No. 63 of 1975), applies with respect to any acquisition of land or right in or to land in terms of subsection (1)(c).
Management of Sites of Ecological Importance
20. (1) The MEC may by notice in the Provincial Gazette –
(a) where the Environmental Management Authority is not the executing agent, appoint a competent natural or juristic person to be the Management Agency to control, manage, maintain and develop a Site of Ecological Importance;
(b) disclose the powers and duties of the Management Agency of a Site of Ecological Importance;
(c) provide a management framework, norms and standards for
(i) biodiversity management and conservation in a Site of Ecological Importance;
(ii) sustainable use of biological resources in a Site of Ecological Importance;
(iii) environmental education and community development in and adjacent to a Site of Ecological Importance;
(iv) ecotourism in a Site of Ecological Importance; and
(v) commercial activities in a Site of Ecological Importance, including any activities resulting in the consumptive use of species or aimed at raising revenue.
(2) The Environmental Management Authority may subject to the provisions of environmental legislation, within a Site of Ecological Importance
(a) undertake any development necessary for the control, management or maintenance of the site;
(b) take steps to ensure the security, protection and conservation of animal and plant life in their natural state;
(c) perform any other functions which are necessary to control, manage and maintain a Site of Ecological Importance;
(d) sell, exchange or donate animals and plants found in any Site of Ecological Importance; or
(e) acquireany animal or plant which the Environmental Management Authority may consider desirable to introduce into any Site of Ecological
Importance.
(3) The Environmental Management Authority or the Management Agency may, subject to the provisions of the environmental legislation, within a Site of Ecological Importance
(a) provide accommodation for visitors and staff and facilities in connection therewith;
(b) provide meals and refreshments for visitors and staff;
(c) carry on any business or trade or provide other services for the convenience of visitors and staff;
(d) establish, erect, equip and maintain any building, structure, depot or premises that may be required for the purposes of this section and let any such building or premises to a member of the public or staff;
(e) determine and collect fees for any service referred to in paragraphs (a), (b) or (c);
(f) authorise any person to provide, subject to such conditions and the payment of such fees as it may deem fit, any service in terms of paragraphs (a),(b) or (c).
(4) The provisions of Section 17(2) shall apply to a Site of Ecological Importance managed by a Management Agency.
Part 3 Protected Environments and Private Nature Reserves
Declaration of Protected Environments and Private Nature Reserves
21. (1) The MEC may by notice in the Provincial Gazette on land owned by the state and on the written application by the authority managing the land –
(a) declare an area specified in the notice as a Protected Environment, taking into account the criteria set out in item 3 of Schedule 1;
(b) assign a name to the Protected Environment so declared; or
(c) amend the size or composition of the Protected Environment.
(2) The MEC may withdraw the declaration referred to in subsection (1)(a) �
(a) on the written application by the authority managing the land owned by the state; or
(b) when the MEC deems it necessary.
(3) The MEC may by notice in the Provincial Gazette on privately owned land and on the written application by the owner �
(a) declare an area specified in the notice as a Protected Environment or Private Nature Reserve, taking into account the criteria set out in item 3 of Schedule 1;
(b) assign a name to the Protected Environment or Private Nature Reserve so declared; or
(c) amend the size or composition of the Protected Environment or Private Nature Reserve.
(4) The MEC may withdraw the declaration referred to in subsection (3)(a)�
(a) on the written application by the owner of the privately owned land; or
(b) when the MEC deems it necessary.
(5) The MEC may by notice in the Provincial Gazette on adjoining land owned by the state and on privately owned land, on the written application by the owner and the authority managing the land
(a) declare an area specified in the notice as a Protected Environment or Private Nature Reserve, taking into account the criteria set out in item 3 of Schedule 1;
(b) assign a name to the Protected Environment or Private Nature Reserve so declared; or
(c) amend the size or composition of the Protected Environment or Private Nature Reserve.
(6) The MEC may withdraw the declaration referred to in subsection (5)(a)
(a) on the written application by the owner of the privately owned land and the authority managing the state land; or
(b) when the MEC deems it necessary.
(7) A person who uses the words “Protected Environment” or “Private Nature Reserve” in assigning a name to land without that land having been declared as such in terms of subsections (1)(a), (3)(a) or (5)(a) is guilty of an offence.
(8) Part 5 of this Chapter must be complied with before a notice is published in terms of subsection (1).
Part 4 Resource use areas
Recognition of Resource use areas
22. (1) The MEC may, by notice in the Provincial Gazette –
(a)
recognise an area specified in the notice as a Resource use area, taking into account the criteria set out in item 4 of Schedule 1;
(b)
amend the size or composition of a Resource use area; or
(c)
withdraw the recognition of a Resource use area.
(2) Part 5 of this Chapter must be complied with before a notice is published in terms of subsection (1).
Part 5 Procedures for declaration or recognition of all protected areas
Notice to be given of all declarations and recognition
23. (1) Before an area is declared or recognised as a Provincial Nature Reserve, a Site of Ecological Importance, a Protected Environment, a Private Nature Reserve or a Resource use area, the MEC must –
(a)
give notice of the intention to declare or recognise the area (i) in the Provincial Gazette,; (ii) in at least one newspaper circulating in the Province; and (iii) by airing such notice on radio stations broadcasting to the area; and
(b)
send a copy of the notice by registered post to the last known postal address of every owner whose land will directly be affected by the declaration or recognition.
(2) The notice must –
(a)
invite members of the public to submit to the MEC written representations on or objections to the proposed declaration or recognition within 30 days from the date of publication of the notice; and
(b)
contain sufficient information to enable members of the public to submit meaningful representations or objections, and must include a clear indication of the area that will be affected.
(3) The MEC must give due consideration to all representations or objections received before declaring or recognising an area as a Provincial Nature Reserve, a Site of Ecological Importance, a Protected Environment, a Private Nature Reserve or a Resource use area.
Oral representations or objections
24. The MEC may in appropriate circumstances allow any interested person to present oral representations or objections to the MEC or to a person designated by the MEC.
Part 6 Primary responsibility for Sites of Ecological Importance and Protected Environments
Responsibility for Sites of Ecological Importance, Protected Environments and Private Nature Reserves on private land
25. (1) If a Site of Ecological Importance, a Protected Environment or a Private Nature Reserve is declared on private land, the owner of the land is responsible for the management, control and maintenance of that land.
(2) Such management shall be guided by integrated environmental management practices which may include
(a) a management plan for biodiversity management in the Protected Environment or Private Nature Reserve;
(b) an undertaking by the owner concerned, to improve on the standards stipulated by the law for the protection of the environment which are applicable to the declaration of an area as a Protected Environment or Private Nature Reserve;
(c) a set of measurable targets for fulfilling the undertaking in paragraph (b);
(d) provision for
(i) periodic monitoring and reporting of performance against targets;
(ii) independent verification of reports;
(iii) regular independent monitoring and inspections; and (iv) verifiable indicators of compliance with any targets, norms and standards adopted;
(e) measures to be taken in the event of non-compliance and improvement on the standards stipulated for the protection of the environment.
(3) The MEC may consider the granting of incentives to an owner to promote responsible integrated environmental management on land declared a Protected Environment or Private Nature Reserve.
(4) The MEC must, annually, by notice in the Provincial Gazette publish the prescribed information regarding incentives granted in terms of subsection (3).
Responsibility for Sites of Ecological Importance, Protected Environments and Private Nature Reserves on provincial and private land
26. (1) If a Site of Ecological Importance, a Protected Environment or a Private Nature Reserve extends on land owned or administered by the Province and on private land, the Province and the private owner are jointly responsible for, and the financing of, the management, control and maintenance of the land in accordance with an agreement to be concluded between the MEC and the private land owner.
(2) Such agreement must be in writing and may include conditions for the establishment of a body corporate, a management committee, a company or a trust, to be controlled and administered as the parties may agree.
(3) The MEC must publish the agreement in the Provincial Gazette.
(4) An agreement published in terms of subsection (3) is binding on the successors in title of the private landowner unless the contrary is expressly agreed upon and provided for in the agreement.
(5) If the private landowner cannot readily be located, the MEC is responsible for the management, control and maintenance of the land.
(6) The MEC, acting with the concurrence of the Member of the Executive Council responsible for finance in the Province, may from funds appropriated by the Provincial Legislature render financial assistance in connection with the management, control and maintenance of the land.
Part 7 General provisions affecting certain Protected Areas
Endorsement by Registrar of Deeds
27. (1) The MEC must in writing notify the Registrar of Deeds whenever an area has been declared a Provincial Nature Reserve, a Site of Ecological Importance, a Protected Environment, a Private Nature Reserve or a Resource use area, or in respect of which a declaration has been amended or withdrawn.
(2) On receipt of the notification, the Registrar of Deeds must make an endorsement against the title deed of each affected piece of land reflecting the declaration or the amendment or withdrawal of the declaration.
Mining in Protected Areas
28. (1) No person may conduct prospecting, mining or related operations –
(a) within a Provincial Nature Reserve, a Protected Environment, a Private Nature Reserve or a Resource use area, except with the approval of the Executive Council; or
(b) on a Site of Ecological Importance.
(2) Before a person applies to the Executive Council for its approval in terms of subsection (1)(a), that person must – (a) (i) give notice in at least two newspapers circulating in the province; and
(ii) air such notice on radio stations broadcasting to the area; of that person’s intention to conduct prospecting, mining or related operations within a Provincial Nature Reserve, a Protected Environment or a Resource use area; and
(b) send a copy of the notice by registered post to the last known postal address of every owner whose land will directly be affected by the proposed operations.
(3) The notice must –
(a) invite members of the public to submit to the Executive Council written representations on or objections to the proposed operations within 30 days from the date of publication of the notice; and
(b) contain sufficient information to enable members of the public to submit meaningful representations or objections, and must include a clear indication of the area that will be affected.
(4) The Executive Council –
(a) must give due consideration to all representations or objections submitted to it before granting or refusing its approval; and
(b) if it grants the application, may grant its approval subject to conditions.
(5) The MEC must as soon as practicable –
(a) publish details of the approval in the Provincial Gazette, in at least one newspaper circulated in the Province and by means of radio broadcasts covering the area; and
(b) table any approval granted in terms of subsection (4) in the Provincial Legislature.
Issuing of directives by MEC
29. (1) The MEC may by notice in the Provincial Gazette –
(a) issue directives in respect of a Protected Area in order to achieve the objectives of this Chapter, including directives relating to the preservation or use of water in the area; or
(b) amend or repeal any directives issued in terms of paragraph (a).
(2) Before publishing any notice in terms of subsection (1) the MEC must –
(a) publish the draft directives in the Provincial Gazette for public comment;
(b) send a copy of the draft directives by registered post to the last known postal address of every owner whose land will directly be affected by the directives; and
(c) obtain the concurrence of each member of the Executive Council charged with the administration of legislation which relates to a matter that will be affected by the directives.
(3) The MEC must in writing notify the Registrar of Deeds whenever directives have been issued in respect of a Protected Area.
(4) On receipt of the notification the Registrar of Deeds must make an endorsement against the title deed of each affected piece of land, reflecting the fact that directives in terms of this section have been issued.
Regulations
30. The MEC may make regulations in terms of section 122 relating to any matter that may be necessary to facilitate the effective implementation of this Chapter.
