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

Chapter 9 : Offences and penalties

91. Savings and transitional provisions

 

(1) Anything done in terms of a law repealed by section 90 which can or must be done in terms of this Act must be regarded as having been done in terms of this Act.

 

(2) A person who, immediately before the repeal of the National Parks Act, 1976 (Act No. 57 of 1976), was—
(a) a board member of South African National Parks becomes a member of the Board for the unexpired part of the term for which that person was appointed as a member of South African National Parks; or
(b) the Chairperson of South African National Parks becomes the Chairperson of the Board for the unexpired part of the term for which that person was appointed as the Chairperson of South African National Parks.

 

(3)

(a) Any regulation relating to a marine protected area prescribed in terms of section 77 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998), which exists when the National Environmental Management: Protected Areas Amendment Act, 2014, takes effect, must be regarded as having been prescribed in terms of this Act and remains of force and effect until it is repealed or amended in terms of this Act.
(b) Anything done in relation to a marine protected area in terms of the Marine Living Resources Act, 1998 (Act No. 18 of 1998), and which could have been done in terms of this Act must be regarded as having been done in terms of this Act.
(c) Any permission granted in terms of section 43 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998), which was valid immediately before the commencement of the National Environmental Management: Protected Areas Amendment Act, 2014, remains valid and the person concerned must be regarded as having been issued with a permit contemplated in section 48A(2).
(d) Any application for a permit or exemption lodged in terms of section 43 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998), which has not been finalised when the National Environmental Management: Protected Areas Amendment Act, 2014, takes effect must, despite the repeal of section 43 of that Act by section 90(3), be dispensed with in terms of section 43 of the Marine Living Resources Act, 1998, and a decision taken in terms of section 43 must be deemed as a decision taken in terms of this Act.

[Section 91(3) inserted by section 16(b) of Act No. 21 of 2014]

 

[Section 91 substituted by section 16(a) of Act No. 21 of 2014]