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South Africa
NATIONAL LEGISLATION OVERVIEWS
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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

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]
 
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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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