| (a) |
declare any area specified in the notice— |
| (ii) |
as part of an existing protected environment; and |
| (b) |
assign a name to the protected environment. |
| (2) |
A declaration under subsection (1)(a) may only be issued— |
[Section 28(2)(a) substituted by section 6 of Act No. 21 of 2014]
| (b) |
to enable owners of the land to take collective action to conserve biodiversity on their land and to seek legal recognition therefor; |
| (c) |
to protect the area if the area is sensitive to development due to its— |
| (ii) |
natural characteristics; |
| (iii) |
scientific, cultural, historical, archaeological or geological value; |
| (iv) |
scenic and landscape value; or |
| (d) |
to protect a specific ecosystem outside of a special nature reserve, national park, world heritage site or nature reserve; |
[Section 28(2)(d) substituted by section 8(b) of Act No. 31 of 2004]
| (e) |
to ensure that the use of natural resourced in the area is sustainable; or |
| (f) |
to control change in land use in the area if the area is earmarked for declaration as, or inclusion in, a national park or nature reserve. |
[Section 28(2)(f) substituted by section 8(c) of Act No. 31 of 2004]
| (3) |
A notice under subsection (1)(a) may be issued in respect of private land if the owner has requested or consented to a declaration contemplated in subsection (1)(a) and the Minister or the MEC has given the owner notice in writing in terms of section 33. |
| (4) |
No area which is or forms part of a special nature reserve, national park or nature reserve may be declared as a protected environment or as part of an existing protected environment. |
[Section 28(4) substituted by section 8(d) of Act No. 31 of 2004]
| (5) |
The declaration of an area as a protected environment for the purposes of subsection (2)(f) lapses at the expiry of the period stated in the notice contemplated in subsection (1), but the Minister or the MEC, as the case may be, may, by agreement reached with the owners of the land in question and by notice in the Gazette, extend that period. |
[Section 28(5) substituted by section 2 of Act No. 15 of 2009]
| (6) |
An area ceases to be a protected environment if that area is declared as, or included into, a national park or nature reserve or part thereof. |
[Section 28(6) substituted by section 8(e) of Act No. 31 of 2004]
| (7) |
An area which was a protected environment 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. |
Housing Development Agency Act, 2008
