South Africa
National Environmental Management: Protected Areas Act, 2003
Act 57 of 2003
- Published in Government Gazette 26025 on 18 February 2004
- Assented to on 11 February 2004
- Commenced on 1 November 2004 by National Environmental Management: Protected Areas Act, 2003: Commencement
- [This is the version of this document as it was from 18 February 2004 to 31 October 2005.]
Chapter 1
Interpretation, objectives and application of Act
1. Definitions
2. Objectives of Act
The objectives of this Act are—3. State trustee of protected areas
In fulfilling the rights contained in section 24 of the Constitution, the State through the organs of state implementing legislation applicable to protected areas must—4. Application of Act
5. Application of National Environmental Management Act
6. Application of Biodiversity Act in protected areas
This Act must, in relation to any protected area, be read, interpreted and applied in conjunction with the Biodiversity Act.7. Conflicts with other legislation
8. Status of provincial legislation on provincial and local protected areas
This Act does not affect the implementation of provincial legislation regulating matters with regard to provincial or local protected areas to the extent that such legislation—Chapter 2
System of protected areas in South Africa
9. Kinds of protected areas
The system of protected areas in South Africa consists of the following kinds of protected areas:10. Register of Protected Areas
11. Norms and standards
12. Provincial protected areas
A protected area which immediately before this section took effect was reserved or protected in terms of provincial legislation for any purpose for which an area could in terms of this Act be declared as a nature reserve or protected environment, must be regarded to be a nature reserve or protected environment for the purpose of this Act.13. World heritage sites
15. Specially protected forest areas, forest nature reserves and forest wilderness areas
16. Mountain catchment areas
Chapter 1 and this Chapter apply to mountain catchment areas, declared as such in terms of the Mountain Catchment Areas Act, 1970 (Act No. 63 of 1970).Chapter 3
Declaration of protected areas
17. Purpose of protected areas
The purposes of the declaration of areas as protected areas are—Part 1 – Special nature reserves
18. Declaration of special nature reserves
19. Withdrawal of declaration or exclusion of part of special nature reserve
The declaration of an area as a special nature reserve, or as part of an existing special nature reserve, may not be withdrawn and no part of a special nature reserve may be excluded from the reserve except by resolution of the National Assembly.*****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
The Minister or the MEC may by notice in the Gazette designate a nature reserve as a specific type of nature reserve in accordance with such uniform system of types as may be prescribed.26. Designation of nature reserve as wilderness area
27. Notice to be given to Minister of provincial declarations
The MEC must promptly forward to the Minister a copy of each notice issued under section 23, 24, 25 or 26.Part 4 – Protected environments
28. Declaration of protected environment
29. Withdrawal of declaration or exclusion of part of protected environment
The Minister or the MEC may by notice in the Gazette—30. Notice to be given to Minister of provincial declarations
The MEC must promptly forward to the Minister a copy of each notice issued under section 28 or 29.Part 5 – Consultation process
31. Consultation by Minister
Subject to section 34, before issuing a notice under section 18(1), 19, *****, 23(1), 24(1), 26(1), 28(1) or 29, the Minister may follow such consultative process as may be appropriate in the circumstances, but must—32. Consultation by MEC
Subject to section 34, before issuing a notice under section 23(1), 26(1), 28(1) or 29, the MEC may follow such consultative process as may be appropriate in the circumstances, but must—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
Except where expressly stated otherwise in this Chapter, this Chapter only applies to a protected area which is a special nature reserve, nature reserve or protected environment, and the expressions "protected area", "national protected area", "provincial protected area", "local protected area" and "protected environment" must be construed accordingly in this 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 nature reserve and world heritage site
47. Use of aircraft in special nature reserve or world heritage site
Part 4 – Restrictions
48. Prospecting and mining activities in protected area
49. Regulation or restriction of activities in protected areas
Activities in protected areas are regulated or restricted to the extent prescribed by—50. Commercial and community activities in nature reserve and world heritage site
51. Regulation or restriction of development and other activities in protected environment
The Minister or the MEC may by notice in the Gazette restrict or regulate in a protected environment under the jurisdiction of the Minister or the MEC—52. Internal rules
53. Certain rights and entitlements to be respected
Chapter 6
Acquisition of rights in or to land
80. Acquisition of private land by State
82. Cancellation of servitude on, or privately held right in or to, state land
84. Mineral right
The Minister may in accordance with section 80(1)(c) or 82(3), and the MEC may in accordance with section 80(2) or 82(3), acquire or cancel a mineral right by way of expropriation only with the concurrence of the Cabinet member responsible for mineral and energy affairs.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
92. Protected areas existing before commencement of section
93. Short title and commencement
This Act is called the National Environmental Management: Protected Areas Act, 2003, and takes effect on a date determined by the President by proclamation in the Gazette.History of this document
30 June 2023 amendment not yet applied
02 June 2014 amendment not yet applied
01 April 2013 amendment not yet applied
23 October 2009 amendment not yet applied
18 September 2009 amendment not yet applied
01 November 2005 amendment not yet applied
01 November 2004
Commenced
18 February 2004 this version
11 February 2004
Assented to
Cited documents 14
Act
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Citizenship and Immigration
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Education
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Environment, Climate and Wildlife
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Health and Food Safety
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Human Rights
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International Law
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Labour and Employment
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Public administration
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Human Rights
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Infrastructure and Transportation
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Labour and Employment
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Public administration
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Finance and Money
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Agriculture and Land
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Environment, Climate and Wildlife
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Agriculture and Land
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Environment, Climate and Wildlife
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Documents citing this one 688
Gazette
646Judgment
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Arbitration award – application to make it an order of court – s 31(1) of the Arbitration Act 42 of 1965 – the award not sanctioning illegal activities – not vague and imprecise – award enforceable. |
Restitution of Land Rights Act 22 of 1994 |
Appeal against dismissal of review and declaratory relief – disputes resolved in terms of settlement made an order of court – appellants did not seek to challenge or set aside the said order – issues res judicata – appellants bound by order and cannot revisit same issues – appeal dismissed with costs. |
Act
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Finance and Money
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Business, Trade and Industry
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Environment, Climate and Wildlife
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Repealed
Environment, Climate and Wildlife
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Agriculture and Land
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Public administration
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Uncommenced
Business, Trade and Industry
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Human Rights
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Infrastructure and Transportation
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Labour and Employment
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Public administration
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Uncommenced
Agriculture and Land
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Education
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Environment, Climate and Wildlife
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Public administration
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Agriculture and Land
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Business, Trade and Industry
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Public administration
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Uncommenced
Agriculture and Land
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Arts and Culture
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Education
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Finance and Money
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Infrastructure and Transportation
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Public administration
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Uncommenced
Environment, Climate and Wildlife
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By-law
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Environment, Climate and Wildlife
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Environment, Climate and Wildlife
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Repealed
Environment, Climate and Wildlife
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Infrastructure and Transportation
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Public administration
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Agriculture and Land
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Infrastructure and Transportation
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Agriculture and Land
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Infrastructure and Transportation
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Environment, Climate and Wildlife
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Repealed
Agriculture and Land
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Business, Trade and Industry
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Public administration
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Repealed
Finance and Money
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Agriculture and Land
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Infrastructure and Transportation
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Government Notice
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Environment, Climate and Wildlife
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Environment, Climate and Wildlife
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Environment, Climate and Wildlife
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Provincial Notice
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Agriculture and Land
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Subsidiary legislation
Title
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Environment, Climate and Wildlife
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Government Notice R622 of 2014 |
Environment, Climate and Wildlife
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Government Notice R1061 of 2005 |