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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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.] |
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| 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 |
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