National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Chapter 4 : Declaration of Protected Areas

Part 5 : Consultation process

34. Affected organs of state, communities and beneficiaries
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(1)If it is proposed to declare an area under section 18(1), 20(1) or 22A(1) as a special nature reserve, a national park or a marine protected area, or as part thereof, and that area consists of or includes—
(a)land owned by the State, the Minister may make that declaration only –
(i)with the concurrence of the Cabinet member responsible for the administration of that land, if that land is administered by the national executive; or
(ii)after consultation with the provincial executive, if that land is administered by that provincial executive;
(b)land which is held in trust by the State or an organ of state for a community or other beneficiary, the Minister may declare that area only with the concurrence of the trustee and the community involved.

[Section 34(1) substituted by section 8 of Act No. 21 of 2014]

 

(2)If it is proposed to declare an area under section 23(1) or 28(1) as a nature reserve or a protected environment, or a part thereof, and that area consists of or includes—
(a)land owned by the State, the Minister or the MEC may make that declaration only with the concurrence of the Cabinet member or MEC responsible for the administration of that land; or
(b)land which is held in trust by the State or organ of state for a community or other beneficiary, the Minister or the MEC may declare that area only with the concurrence of the trustee and the community involved.