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

Chapter 2 : Sustainable Forest Management

Part 1 : Management

4. Promotion and enforcement of sustainable forest management

 

(1) For the purposes of this section, "owner" means—
(a) the registered owner; or
(b) where the registered owner has transferred control of the forest management unit in question to another person or organ of State, whether by way of assignment, delegation, contract or otherwise, that person or organ of State.

 

(2) The Minister may—
(a) determine—
(i) criteria on the basis of which it can be determined whether or not forests are being managed sustainably;
(ii) indicators which may be used to measure the state of forest management; and
(iii) appropriate standards in relation to the indicators; and
(b) create or promote certification programmes and other incentives to encourage sustainable forest management,

on the advice of the Committee for Sustainable Forest Management.

 

(3) The Minister must—
(a) publish the criteria, indicators and standards in the form of regulations made under section 53(2)(b);
(b) identify clearly where the breach of a standard may be an offence.

 

(4) The Minister may publish the criteria, indicators and standards in such other media as he or she considers appropriate.

 

(5) Specific regional, economic, social and environmental conditions must be taken into account in determining criteria, indicators and standards.

 

(6) Criteria and indicators may include, but are not limited to, those for determining—
(a) the level of maintenance and development of—
(i) forest resources;
(ii) biological diversity in forests;
(iii) the health and vitality of forests;
(iv) the productive functions of forests;
(v) the protective and environmental functions of forests; and
(vi) the social functions of forests;
(b) the level of provision of socio-economic benefits; and
(c) the status and appropriateness of the policy and the legislative and institutional framework for forest management.

 

(7) The criteria, indicators and standards determined under subsection (2)(a)—
(a) may apply nationally, regionally or to specific forest management units;
(b) may identify the boundaries of the forest management unit or units to which they apply;
(c) may apply to ail or to specific forest types;
(d) bind all owners of land on which there are forests in the area and of the type to which the standards apply;
(e) bind any other persons to whom they are expressly made applicable.

 

(8) Where the breach of a particular standard may be an offence, a forest officer may inform an owner who is in breach of that standard by written notice of—
(a) the nature of the breach;
(b) the steps which the owner must take to remedy the breach; and
(c) the period within which he or she must do so.

 

(9) The period laid down in the notice may be extended by the Minister for good reason.