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

Chapter 5 : South African National Parks

Part 1 : Continued existence and functions of South African National Parks

55. Functions

 

(1) South African National Parks must—
(a) manage all existing national parks and any kind of protected area listed in section 9, assigned to it by the Minister in terms of Chapter 4 and section 92, in accordance with this Act and any specific environmental management Act referred to in the National Environmental Management Act;

[Section 55(1)(a) substituted by section 6(a) of Act No. 15 of 2009]

(aA) manage world heritage sites assigned to it by the Minister, in accordance with all national cultural heritage legislation as may be applicable to and required for proper management and protection of such world heritage sites, provided that the South African National Parks' authority to enforce such legislation are provided for in a written instrument of delegation issued by the Minister to this effect under and in terms of such legislation;

[Section 55(1)(aA) inserted by section 6(b) of Act No. 15 of 2009]

(aB) manage any other protected areas, which are not protected areas referred to in subsection 55(1)(a), and as may be assigned to it by the Minister, in accordance with the provisions of all national environmental legislation as may be applicable to and required for the proper management and protection of such other protected areas, provided that the South African National Parks' authority to enforce such legislation are provided for in a written instrument of delegation issued by the Minister to this effect under and in terms of such legislation;

[Section 55(1)(aB) inserted by section 6(b) of Act No. 15 of 2009]

(aC) participate in such further international, regional and national environmental, conservation and cultural heritage initiatives identified by the Minister from time to time, and then only on such terms and conditions as the Minister shall in writing provide.

[Section 55(1)(aC) inserted by section 6(b) of Act No. 15 of 2009]

(b) protect, conserve and control those national parks and other protected areas, including their biological diversity; and
(c) on the Minister's request, advise the Minister on any matter concerning—
(i) the conservation and management of biodiversity; and
(ii) proposed national parks and additions to or exclusions from existing national parks; and
(d) on the Minister's request, act as the provisional managing authority of protected areas under investigation in terms of this Act.

 

(2) South African National Parks may in managing national parks, or any other kind of protected area assigned to it by the Minister—
(a) manage breeding and cultivation programmes, and reserve areas in a park as breeding places and nurseries;
(b) sell, exchange or donate any animal, plant or other organism occurring in a park, or purchase, exchange or otherwise acquire any indigenous species which it may consider desirable to re- introduce into a specific park;
(c) undertake and promote research;
(d) control, remove or eradicate any species or specimens of species which it considers undesirable to protect and conserve in a park or that may negatively impact on the biodiversity of the park;
(e) carry out any development and construct or erect any works necessary for the management of a park, including roads, bridges, buildings, dams, fences, breakwaters, seawalls, boathouses, landing stages, mooring places, swimming pools, oceanariums and underwater tunnels;
(f) allow visitors to a park;
(fA) make, set penalties for, and enforce traffic rules in such national parks, special nature reserves, protected environments, world heritage sites or other protected areas assigned to it by the Minister;

[Section 55(2)(fA) inserted by section 6(d) of Act No. 15 of 2009]

(g) take reasonable steps to ensure the security and well-being of visitors and staff;
(h) provide accommodation and facilities for visitors and staff, including the provision of food and household supplies;
(i) carry on any business or trade or provide other services for the convenience of visitors and staff, including the sale of liquor;
(j) determine and collect fees for—
(i) entry to or stay in a park; or
(ii) any service provided by it;
(k) authorise any person, subject to such conditions and the payment of such fees as it may determine, to—
(i) carry on any business or trade, or provide any service, which South African National Parks may carry on or provide in terms of this section; and
(ii) provide the infrastructure for such business, trade or service;
(l) by agreement with—
(i) a municipality, provide any service in a park which that municipality may or must provide in terms of legislation; or
(ii) any other organ of state, perform a function in a park which that organ of state may or must perform in terms of legislation; or
(m) perform such other functions as may be prescribed.

[Section 55(2) substituted by section 6(c) of Act No. 15 of 2009]

 

(3) Subsection (2) applies also to other protected areas managed by South African National Parks, and the powers contained in that subsection may be exercised by it to the extent that those powers are consistent with the purpose for which any such area was declared as a protected area.

 

[Section 55 inserted by section 21 of Act No. 31 of 2004]