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Environment Conservation Act, 1989 (Act No. 73 of 1989)

Part III : Protection of Natural Environment

18. Special nature reserves

 

1) The Minister may by notice in the Gazette declare any area defined by him, and situated in the Republic of South Africa,  including the territorial waters as defined in section 4 of the Maritime Zones Act, 1994 (Act No. 15 of 1994), to be a special nature reserve.

 

2) A declaration under subsection (1) shall only be made-
a) for purpose of the protection of the environment in or special characteristics of such area;
b) in respect of land or water of which the State is the owner or which is under the exclusive control of the State;
bA) in respect of other land or water than land or water referred to in paragraph (b), at the request of and with the written consent of the owner of such land or water, as well as the holder of any right to minerals in respect of such land, and subject to the conditions agreed upon by the Minister and the owner.
c) [Para (c) deleted by s. 7 of Act No. 94 of 1993].

 

3) The declaration of a special nature reserve shall not be withdrawn or the boundaries thereof altered except by resolution of Parliament: Provided that this subsection shall not apply to a declaration contemplated in subsection (2)(bA).

 

4) The Minister may assign the control of a special nature reserve to any competent authority, local authority or government institution, providing such assignment takes place-
a) with the concurrence of the competent authority, local authority or government institution in question;
b) if a management plan for the special nature reserve is drawn up in consultation with the competent authority, local authority or government institution in question and accompanies such assignment; and
c) with the concurrence of the owner of the land or water, as well as the holder of any right to minerals in respect of such land, contemplated in subsection (2)(bA).

 

5) The competent authority, controlling local authority or government institution referred to in subsection (4) may amend the management plan with the concurrence of the Minister.

 

6) Subject to the provisions of subsection (7) no person shall-
a) gain admittance to a special nature reserve; or
b) perform any activity in or on a special nature reserve.

 

7) The competent authority, controlling local authority or government institution referred to in subsection (4) may, on the conditions determined by it, after consultation with the Minister, in writing grant exemption from the provisions of subsection (6), to-
a) any scientist occupied with any specific project;
b) any officer charged with specific official duties;
c) any other person desiring to view a special nature reserve on account of its special nature or characteristics.

 

8) For the purposes of subsection (6) a special nature reserve shall include the air space to a level of 500 metres above the ground level of that special nature reserve.