This contains UNCERTIFIED COPY for information/reference. For authentic copy, please refer to certified copy only.  In case of any mistake, please bring it to our notice.


LegalB's Resources for Africa
QUICK LINKS: ROOT DATABASE | OVERVIEW | VERSIONS & TEXT ACCESS | TIMELINE | SUBORDINATE TEXTS | COMMENTARY | POTENTIAL TRANSGRESSOR LISTS | TRANSGRESSION ANALYSIS | EMAIL A REQUEST FOR UPDATES | HELP | CONTACT US | SEARCH SITE | LOG OUT |

South Africa
NATIONAL LEGISLATION OVERVIEWS
LegalB Logo
National Forests Act, No. 84 of 1998

Long title


To reform the law on forests; to repeal certain laws; and to provide for related matters.

Table of contents

SECTION TITLE

PREAMBLE

CHAPTER 1. INTRODUCTORY PROVISIONS
1. Purposes
2. Interpretation
2A.Public trusteeship of nation's forestry resources [... inserted by  Act 2022_001_002_20220701] 

CHAPTER 2. SUSTAINABLE FOREST MANAGEMENT

Part 1. Management
3. Principles to guide decisions affecting forests
4. Promotion and enforcement of sustainable forest management

Part 2. Research, monitoring and reporting
5. Promotion of research
6. Duty to monitor forests and disseminate information

CHAPTER 3. SPECIAL MEASURES TO PROTECT FORESTS AND TREES

Part 1. Prohibition of destruction of natural forests
7. Prohibition against destruction of trees in natural forests [... Title amended by  Act 2022_001_002_20220701 - was entitled "Prohibition [ of ] [ on ] on destruction of trees in natural forests"]**

Part 2. Protected areas
8. Power to set aside protected areas
9. Procedure for declaring protected areas
10. Effect of setting aside protected areas
11. Management of protected areas

Part 3. Protection of trees
12. Declaration of trees as protected
13. Normal procedure for declaring protected trees
14. Emergency procedure for protecting trees
15. Effect of declaration of protected trees
16. Registration against title deeds

Part 4. Measures to control and remedy deforestation
17. Power to declare controlled forest areas
18. Right to apply for protection

CHAPTER 4. USE OF FORESTS

Part 1. Access for recreation and related purposes
19. Access to State forests for recreation, education, culture or spiritual fulfilment
20. Regulation of access to State forests
21. Access to forests other than State forests

Part 2. Vesting and granting of rights to use State forests
22. Vesting of rights
23. Activities which may be licensed in State forests
24. Requirements for licensing
25. Amendments, suspensions and cancellations
26. Servitudes in State forests
27. Leasing of State forests
27A.  Trusts [...inserted by Act 2005_035_005]
28. Agreements to sell forest produce in State forests

Part 3. Community forestry
29. Offers to enter into community forestry agreements
30. Conclusion of community forestry agreements
31. Content of community forestry agreements
32. Assistance for community forestry

CHAPTER 5. INSTITUTIONS

Part 1. National Forests Advisory Council
33. Establishment and objects of National Forests Advisory Council
34. Constitution of Council
35. Conditions of appointment to Council
36. Committees of Council
37. Meetings of Council
38. Funding of Council
39. Staff of Council
40. Report by Council

Part 2. National Forest Recreation and Access Trust
41. Establishment and objects of National Forest Recreation and Access Trust
42. Powers and duties of Minister as trustee
43. Administration of Trust funds
44. Reports by Minister as trustee

Part 3. Panel of facilitators, mediators and arbitrators
45. Establishment of panel

CHAPTER 6. ADMINISTRATION OF ACT

Part 1. General powers and duties of Minister
46. Development and implementation of policy
47. Assignment of powers and duties
48. Delegation of powers and duties
49. Expropriation of property
50. Reservation of State land for forestry
51. Performance of functions on other land
52. Extensions
53. Content of regulations
54. Procedure for making regulations
55. Tariffs and charges

Part 2. General powers and duties of Director-General
56. Powers and duties
57. Transfer of officers and employees
CHAPTER 6A. APPEAL [... Title inserted by  Act 2022_001_002_20220701]
57A. Right to appeal  [... Title inserted by  Act 2022_001_002_20220701] 
57B. Composition and membership of Appeal Committee [... Title inserted by  Act 2022_001_002_20220701] 
57C.Vacancies in Appeal Committee [... Title inserted by  Act 2022_001_002_20220701] 
57D. Investigation and consideration of appeal by Appeal Committee [... Title inserted by  Act 2022_001_002_20220701] 
57E. Consideration of appeal by Minister [... Title inserted by  Act 2022_001_002_20220701] 

CHAPTER 7. OFFENCES AND PENALTIES

Part 1. Sentencing
58. Penalties
59. Compensatory orders in criminal proceedings
60. Award of part of fine recovered to informant

Part 2. Offences
61. Offences relating to sustainable forest management
62. Offences relating to protection of forests and trees
63. Offences relating to use of forests
64. Offences in relation to enforcement

CHAPTER 8. ENFORCEMENT
65. Appointment of forest officers
66. General powers of forest officers
67. Power to enter and search
68. Power to seize
69. Power to arrest

CHAPTER 9. GENERAL AND TRANSITIONAL PROVISIONS

Part 1. Miscellaneous
70. Documents and steps valid under certain circumstances
71. Delivery of documents
72. Publication of notices in media

Part 2. Repeal and amendment of laws, savings, short title and commencement
73. Repeal of laws 
74. Savings
75. Amendment of section 1 of Act 128 of 1992
76. Substitution of section 3 of Act 128 of 1992
77. Repeal of section 4 of Act 128 of 1992
78. Amendment of Act 51 of 1994
79. Short title
80. Commencement
SCH. 1. SCHEDULE 1. REPEAL OF LAWS BY SECTION 73 [s73]
SCH. 2. SCHEDULE 2. AMENDMENTS OF ACT 51 OF 1994 BY SECTION 78 [s78]

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
Access Official Gazette PDF  Request Subscription Fee Subscriber Access
As unamended Act 1998_084_000_19981030 EXT.LINK REQ.INFO LINK
As amended by Act 2001_012_000_20010718 .  N/A REQ.INFO LINK
As amended by Act 2005_035_000_20060309 .  N/A REQ.INFO LINK
As amended by Act 2022_001_000_20220701 . N/A REQ.INFO LINK
As amended by ...N/A REQ.INFO LINK

* LegalB refers to a "version" of an Act or its sections in the format 
"YYYY_NNN_SSS_YYYYMMDD", which refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE", and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face of the Gazette in which either the Act was originally published or in which the amending, lapsing or repealing instrument was published. Where any segment of the reference string contains only zeros, it means that information is not relevant, not made available, or unavailable.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.


Copyright Rita V. Felgate 2022