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

Chapter 3 : Declaration of Protected Areas

Part 2 : National Parks

20. Declaration of national parks

 

(1) The Minister may by notice in the Gazette
(a) declare an area specified in the notice—
(i) as a national park; or
(ii) as part of an existing national park; and
(b) assign a name to the national park.

 

(2) A declaration under subsection (1) (a) may only be issued to—
(a) protect—
(i) the area if the area is of national or international biodiversity importance or is or contains a viable, representative sample of South Africa's natural systems, scenic areas or cultural heritage sites; or
(ii) the ecological integrity of one or more ecosystems in the area;
(b) prevent exploitation or occupation inconsistent with the protection of the ecological integrity of the area;
(c) provide spiritual, scientific, educational, recreational and tourism opportunities which are environmentally compatible; and
(d) contribute to economic development, where feasible.

 

(3) A notice under subsection (1)(a) may be issued in respect of land if the owner has consented to the declaration by way of a written agreement with the Minister or South African National Parks.

 

(4) The Minister must notify the relevant MEC of any declaration of an area in terms of subsection (1).

 

(5) An area which was a national park when this section took effect must for purposes of this section be regarded as having been declared as such in terms of this section.

 

(6)

(a) Each area defined in Schedule 2 shall be a national park under the name assigned to it in that Schedule.
(b) The Minister may by notice in the Gazette amend Schedule 2.

[Section  20(6) inserted by section 1 of Act No. 15 of 2009. Commencement date: 1 April 2013 [Proclamation No. 7, Gazette No. 36296]]

 

[Section 20 inserted by section 6 of Act No. 31 of 2004]