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

Regulations

Regulations under the National Forests Act 84 of 1998

Chapter 10 : Offences and Penalties

25. Offences and penalties

 

(1) Any person who contravenes the prohibition on—
(a) the interference with—
(i) the exercise of a right referred to in regulation 4(5)(a)(i); or
(ii) the performance of his or her duties by a forest officer or an official of the Department referred to in regulation 4(5)(a)(ii);
(b) the planting of weeds or invasive plants as set out in regulation 4(5)(b); or
(c) the burning of any live or dead tree, plant or vegetation as set out in regulation 4(5)(c),

is guilty of an offence and liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding one year, or to both fine and such imprisonment.

 

(2) Any person who contravenes the prohibition on the removal, destruction, defacement or interference with a mark electronic chip or identification, as set out in regulation 6(4), is guilty of an offence and liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding one year, or to both fine and such imprisonment.

 

(3) Any person who contravenes the prohibition on the removal of trees or other forest produce from a State forest as set out in regulation 6(5) is guilty of an offence and is liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding 6 months, or both fine and such imprisonment.

 

(4) Any person who contravenes the prohibition on the use of a road, as set out in regulation 11(3)(b), is guilty of an offence and liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding 6 months, or to both fine and such imprisonment.

 

(5) Any person who fails to submit information as requested in terms of regulation 19(1) is guilty of an offence and liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding 6 months, or to both fine and such imprisonment.

 

(6) Any person who contravenes the prohibition on the carrying on of activities under a servitude as set out in regulation 21(2) is guilty of an offence and liable upon on a first conviction of that offence to a fine or imprisonment for a period not exceeding 6 months, or to both fine and such imprisonment.

 

(7) Any person convicted for a second or subsequent offence—
(a) under subregulation (4), (5) or (6) is liable to a fine or imprisonment for a period not exceeding one year, or to both fine and such imprisonment;
(b) under subregulation (1), (2) or (3) is liable to a fine or imprisonment for a period not exceeding two years, or to both fine and such imprisonment.