National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)Chapter 4 : Management of Protected AreasPart 1 : Management authorities and management plans38. Management authorities |
(1) The Minister, in writing—
| (a) | subject to paragraphs (aA) and (aB), may assign the management of any kind of protected area listed in section 9 to a suitable person, organisation or organ of state; |
[Section 38(1)(a) substituted by section 10(a) of Act No. 21 of 2014]
| (aA) | must assign the management of a national park to South African National Parks; |
[Section 38(1)(aA) substituted by section 10(b) of Act No. 21 of 2014]
| (aB) | may assign the management of a marine protected area only to a suitable national organ of state, but the powers referred to in section 48A(2) may not be so assigned; or |
[Section 38(1)(aB) inserted by section 10(c) of Act No. 21 of 2014]
| (b) | may assign the management of a privately owned protected environment to a suitable person, organization or organ of state, provided that the owner and lawful occupier have requested or consented to such assignment, and the Minister has given the owner and lawful occupier notice in writing in terms of section 33. |
[Section 38(1)(b) substituted by section 10(d) of Act No. 21 of 2014]
| (2) | The MEC, in writing— |
| (a) | must assign the management of a nature reserve to a suitable person, organisation or organ of state; and |
| (b) | may assign the management of a protected environment to a suitable person, organisation or organ of state, provided that the owner and lawful occupier have requested or consented to such assignment, and the MEC has given the owner and lawful occupier notice in writing in terms of section 33. |
| (3) | The person, organisation or organ of state to whom the management of a protected area has been assigned in terms of subsection (1) or (2) is the management authority of the area for the purposes of this Act. |
| (4) | Marine and terrestrial protected areas with common boundaries must be managed as an integrated protected area by a single management authority. |