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

Chapter 3 : Declaration of Protected Areas

Purchase

(1)	The Minister or the MEC may be notice in the Gazette—

(a)	declare an area specified in the notice—

(i)	as a nature reserve; or

(ii)	as part of an existing nature reserve; and

(b)	assign a name to the nature reserve.

(2)	A declaration under subsection (1)(a) may only be issued—

(a)	to supplement the system of national parks in South Africa;

[Section 23(2)(a) inserted by section 7(a) of Act No. 31 of 2004]

(b)	to protect the area if the area—

(i)	has significant natural features or biodiversity;

(ii)	is of scientific, cultural, historical or archaeological interest; or

(iii)

is in need of long-term protection for the maintenance of its biodiversity or for the provision of environmental goods and services;

(c)	to provide for a sustainable flow of natural products and services to meet the needs of the local community;

(d)	to enable the continuation of such traditional consumptive uses as are sustainable; or

(e)	to provide for nature-based recreation and tourism opportunities.

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

(4)	No area which is or forms part of a special nature reserve or national park may be declared as a nature reserve or as part of an existing nature reserve.

[Section 23(4) substituted by section 7(b) of Act No. 31 of 2004]

(5)	An area which was a nature reserve immediately before this section took effect must for purposes of this section be regarded as having been declared as such in terms of this section.