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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
National Environmental
Management: Protected Areas Act, No. 57 of 2003
Long title
To provide for the protection and conservation of ecologically viable areas representative of South Africa's biological diversity and its natural landscapes and seascapes; for the establishment of a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultation in matters concerning protected areas; for the continued existence, governance and functions of South African National Parks; and for matters in connection therewith.
Table of contents
Legislation Text Access Point
Long title
To provide for the protection and conservation of ecologically viable areas representative of South Africa's biological diversity and its natural landscapes and seascapes; for the establishment of a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultation in matters concerning protected areas; for the continued existence, governance and functions of South African National Parks; and for matters in connection therewith.
Table of contents
| SECTION | TITLE |
| ARRANGEMENT OF SECTIONS | |
| CHAPTER 1. INTERPRETATION, OBJECTIVES AND APPLICATION OF ACT | |
| 1. | Definitions |
| 2. | Objectives of Act |
| 3. | State trustee of protected areas |
| 4. | Application of Act |
| 5. | Application of National Environmental Management Act |
| 6. | Application of Biodiversity Act in protected areas |
| 7. | Conflicts with other legislation |
| 8. | Status of provincial legislation on provincial and local protected areas |
| CHAPTER 2. SYSTEM OF PROTECTED AREAS IN SOUTH AFRICA | |
| 9. | Kinds of protected areas |
| 10. | Register of Protected Areas |
| 11. | Norms and standards |
| 12. | Provincial protected areas |
| 13. | World heritage sites |
| 14. | Continued existence of marine protected areas [...inserted by Act 2004_031_004_20050211] [...Title amended by Act 2014_021_004_20140602 - was entitled "Marine protected areas"] |
| 15. | Specially protected forest areas, forest nature reserves and forest wilderness areas |
| 16. | Mountain catchment areas |
| CHAPTER 3. DECLARATION OF PROTECTED AREAS | |
| 17. | Purpose of protected areas |
| Part 1. Special nature reserves | |
| 18. | Declaration of special nature reserves |
| 19. | Withdrawal of declaration or exclusion of part of special nature reserve |
| Part 2. National parks | |
| 20. | Declaration of national parks [...inserted by Act 2004_031_006_20050211] |
| 21. | Withdrawal of declaration or exclusion of part of national park [...inserted by Act 2004_031_006_20050211] |
| 22. | Designation of national park as wilderness area [...inserted by Act 2004_031_006_20050211] |
| Part 2A. Marine protected areas | |
| 22A. | Declaration of marine protected areas [...inserted by Act 2014_021_005_20140602] |
| 22B. | Withdrawal of declaration of, addition to, or exclusion from, marine protected areas [...inserted by Act 2014_021_005_20140602] |
| Part 3. Nature reserves | |
| 23. | Declaration of nature reserve |
| 24. | Withdrawal of declaration or exclusion of part of nature reserve |
| 25. | Designation of nature reserve as specific type |
| 26. | Designation of nature reserve as wilderness area |
| 27. | Notice to be given to Minister of provincial declarations |
| Part 4. Protected environments | |
| 28. | Declaration of protected environment |
| 29. | Withdrawal of declaration or exclusion of part of protected environment |
| 30. | Notice to be given to Minister of provincial declarations |
| Part 5. Consultation process | |
| 31. | Consultation by Minister |
| 32. | Consultation by MEC |
| 33. | Public participation |
| 34. | Affected organs of state, communities and beneficiaries |
| Part 6. General | |
| 35. | Initiation of declaration |
| 36. | Endorsement by Registrar of Deeds |
| CHAPTER 4. MANAGEMENT OF PROTECTED AREAS | |
| 37. | Application of Chapter |
| Part 1. Management authorities and management plans | |
| 38. | Management authorities |
| 39. | Preparation of management plan |
| 40. | Management criteria |
| 41. | Management plan |
| 42. | Co-management of protected area |
| Part 2. Monitoring and supervision | |
| 43. | Performance indicators |
| 44. | Termination of mandate to manage protected area |
| Part 3. Access to protected areas | |
| 45. | Access to special nature reserve |
| 46. | Access to national park, nature reserve and world heritage site [...Title amended by Act 2004_031_016_20050211 - was entitled "Access to nature reserve and world heritage site"] |
| 47. | Use of aircraft in special nature reserve, national park or world heritage site [...Title amended by Act 2004_031_017(a)_20050211 - was entitled "Use of aircraft in special nature reserve or world heritage site"] |
| Part 4. Restrictions | |
| 48. | Prospecting and mining activities in protected area |
| 48A. | Restriction of activities in marine protected areas [...inserted by Act 2014_021_013] |
| 49. | Regulation or restriction of activities in protected areas |
| 50. | Commercial and community activities in national parks, nature reserve and world heritage site [...Title amended by Act 2004_031_019(a)_20050211 - was entitled "Commercial and community activities in nature reserve and world heritage site"] |
| 51. | Regulation or restriction of development and other activities in protected environment |
| 52 | Internal rules |
| 53. | Certain rights and entitlements to be respected |
| CHAPTER 5. SOUTH AFRICAN NATIONAL PARKS | |
| Part 1. Continued existence and functions of South African National Parks | |
| 54. | Continued existence [...inserted by Act 2004_031_021_20050211] |
| 55. | Functions [...inserted by Act 2004_031_021_20050211] |
| 56. | General powers [...inserted by Act 2004_031_021_20050211] |
| Part 2. Governing board, composition and membership [...inserted by Act 2004_031_021_20050211] | |
| 57. | Composition [...inserted by Act 2004_031_021_20050211] |
| 58. | Qualifications [...inserted by Act 2004_031_021_20050211] |
| 59. | Appointment procedures [...inserted by Act 2004_031_021_20050211] |
| 60. | Chairperson [...inserted by Act 2004_031_021_20050211] |
| 61. | Term of office [...inserted by Act 2004_031_021_20050211] |
| 62. | Conditions of appointment [...inserted by Act 2004_031_021_20050211] |
| 63. | Conduct of members [...inserted by Act 2004_031_021_20050211] |
| 64. | Termination of membership [...inserted by Act 2004_031_021_20050211] |
| 65. | Removal from office [...inserted by Act 2004_031_021_20050211] |
| 66. | Filling of vacancies [...inserted by Act 2004_031_021_20050211] |
| Part 3. Operating procedures of Board [...inserted by Act 2004_031_021_20050211] | |
| 67. | Meetings [...inserted by Act 2004_031_021_20050211] |
| 68. | Procedures [...inserted by Act 2004_031_021_20050211] |
| 69. | Quorum and business [...inserted by Act 2004_031_021_20050211] |
| 70. | Committees [...inserted by Act 2004_031_021_20050211] |
| 71. | Delegation of powers and assignment of duties [...inserted by Act 2004_031_021_20050211] |
| Part 4. Administration of South African National Parks [...inserted by Act 2004_031_021_20050211] | |
| 72. | Appointment of Chief Executive Officer [...inserted by Act 2004_031_021_20050211] |
| 73. | Employment of staff [...inserted by Act 2004_031_021_20050211] |
| Part 5. Financial matters [...inserted by Act 2004_031_021_20050211] | |
| 74. | Financial accountability [...inserted by Act 2004_031_021_20050211] |
| 75. | Funding [...inserted by Act 2004_031_021_20050211] |
| 76. | Investments [...inserted by Act 2004_031_021_20050211] |
| 77. | National Parks Land Acquisition Fund [...inserted by Act 2004_031_021_20050211] |
| Part 6. General [...inserted by Act 2004_031_021_20050211] | |
| 78. | Minister’s supervisory powers [...inserted by Act 2004_031_021_20050211] |
| 79. | Absence of functional Board [...inserted by Act 2004_031_021_20050211] |
| CHAPTER 6. ACQUISITION OF RIGHTS IN OR TO LAND | |
| 80. | Acquisition of private land by State |
| 81. | Acquisition of private land by South African National Parks [...inserted by Act 2004_031_022_20050211] |
| 82. | Cancellation of servitude on, or privately held right in or to, state land |
| 83. | Cancellation of servitude on, or privately held right in or to, land owned by South African National Parks [...inserted by Act 2004_031_023_20050211] |
| 84. | Mineral right |
| 85. | Financing |
| CHAPTER 7. ADMINISTRATION OF ACT | |
| 86. | Regulations by Minister |
| 87. | Regulations by MEC |
| 88. | General |
| CHAPTER 8. OFFENCES AND PENALTIES | |
| 89. | Offences and penalties |
| CHAPTER 9. MISCELLANEOUS | |
| 90. | Repeal of laws |
| 91. | Savings and transitional provisions [...Title amended by Act 2014_021_016 - was entitled "Savings"] |
| 92. | Protected areas existing before commencement of section |
| 93. | Short title and commencement |
| Sch. | SCHEDULE 1. REPEAL OF LAWS (SECTION 90) [s90] [...labeled "1" by Act 2009_015_008_20190714 - previously unnumbered Schedule] |
| Sch. | SCHEDULE 2. NATIONAL PARK AREAS (SECTION 20(6)) [s20(6)] [...inserted by Act 2009_015_008_20190714] |
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.] NOTE: Act 2003_057_020(6)(b) provides Sch2 may be amended by Minister's notice in the Gazette - such amending notices are not listed here |
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| As unamended Act 2003_057_000_20040218 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2004_031_000_20050211 . | N/A | REQ.INFO | LINK |
| As amended by Act 2009_014_000_20090527** . | N/A | REQ.INFO | LINK |
| As amended by Act 2009_015_000_20090714 . | N/A | REQ.INFO | LINK |
| As amended by Act 2014_021_000_20140602 . | N/A | REQ.INFO | LINK |
| As amended by Act 2022_002_000_20220624 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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