Contingency Fees Act, 1997
R 385.00
National Forests Act, 1998 (Act No. 84 of 1998)Chapter 4 : Use of ForestsPart 3 : Community forestry31. Content of community forestry agreements |
| (1) | A community forestry agreement must— |
| (a) | not discriminate unfairly; |
| (b) | identify the management powers delegated to the community or communities and those retained by the Minister; |
| (c) | identify accurately the area of forest subject to the agreement; |
| (d) | identify the licensed activities which the community or communities intend carrying on; |
| (e) | regulate the use and the management of the forest in a way which is sustainable; |
| (f) | identify the duties of the various parties in terms of the agreement, including payments to be made by any party; |
| (g) | prohibit the parties to the agreement from transferring their rights under the agreement in any way without the consent of the Minister; |
| (h) | provide for dispute resolution through informal mediation or arbitration, whether by a member of the panel referred to in section 45 or otherwise; and |
| (i) | provide for remedial measures, including the suspension or cancellation of the community forestry agreement, in the event of a breach. |
| (2) | A community forestry agreement may— |
| (a) | rename the forest; |
| (b) | be indefinite or for a fixed period; |
| (c) | oblige a community to reconstitute itself or make a lawful amendment to its constitution; |
| (d) | require the community or communities to lodge and comply with a sustainable forest management plan which is acceptable to the Minister; |
| (e) | include as a party a person who is not a community or a member of the community and who wishes to conduct forestry for commercial, environmental or other purposes; |
| (f) | provide for the management of a protected area; |
| (g) | oblige the community to perform the State's obligations to supply forest produce from that State forest; |
| (h) | provide that a community need not pay rental or similar compensation for the rights ranted to it, if this is fair having regard to— |
| (i) | the community's historical association with the land on which the forest is situated; or |
| (ii) | the economic circumstances of the community; |
| (i) | exchange a right in terms of the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996), for a right in the agreement; and |
| (j) | deal with such other matters as may be prescribed or as the parties consider appropriate. |
