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National Forests Act, 1998 (Act No. 84 of 1998)

Chapter 4 : Use of Forests

Part 2 : Vesting and granting of rights to use State forests

27A. Trusts

 

(1) Notwithstanding the provisions of any other law, the Minister may, by notice in the Gazette, establish a trust in respect of a State forest or part of a State forest including a State forest or part of a State forest on land held in trust in terms of the KwaZulu-Natal Ingonyama Trust Act. 1994 (KwaZulu Act No. 3 of 1994), where—
(a)
(i) a claim for restitution has been published in terms of section 11(1) of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994), in respect of a State forest or part of a State forest;
(ii) the owner of the land has been notified of the claim in terms of section 11(6)(a) of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994);
(iii) the right to restitution has not been finally determined: and
(iv) that land is leased to a third party by the Minister;
(b)
(i) a State forest or part of a State forest is occupied by a community claiming rights in that land;
(ii) the Minister is contemplating the granting of rights in that land to that community; and
(iii) that land is leased to a third party by the Minister; or
(c)
(i) a State forest or part of a State forest is leased to a third party by the Minister; and
(ii) it is necessary for the Minister to receive money in terms of the lease on behalf of successful claimants of various rights in respect of the land or forest.

 

(2) The Minister may direct that any money due in terms of a lease contemplated in subsection (1) be paid to the trust established in terms of that subsection.

 

(3) The objects of the trust are—
(a) to receive payment of the money contemplated in subsection (2);
(b) to invest such money on behalf of the beneficiaries as part of the trust property;
(c) to pay such money or part of that money together with any yield to the beneficiaries when they receive rights in the State forest or part of the State forest involved;
(d) to pay such money or part of that money together with any yield to the State, or the Ingonyama Trust where applicable, when it is clear that the beneficiaries will not acquire rights in the State forest or part of the State forest; and
(e) to pay such money or part of that money periodically to successful claimants contemplated in subsection (1)(c)(ii).

 

(4) The beneficiaries of the trust are any claimants contemplated in subsection (1)(a) whose claims succeed, any community contemplated in subsection (1)(b) if it is granted rights by the Minister and any successful claimants contemplated in subsection (1)(c)(ii).

 

(5) The Minister may—
(a) effect or terminate the appointment of any or all of the trustees on just cause shown;
(b) create such powers, rights, obligations and exemptions for the trustees as may be necessary to achieve the objects of the trust;
(c) decide on the contents, variation and termination of the trust;
(d) temporarily perform any of the functions of the trustees where the appointment of all the trustees has been terminated; and
(e) prevent payment to the Ingonyama Trust contemplated in section 27A if he or she is not satisfied that the Ingonyama Trust maintains and implements effective, efficient and transparent financial management and internal control systems.