National Forest and Fire Laws Amendment Act [No. 12 of 2001]
REPUBLIC OF SOUTH AFRICA
Vol. 433 Cape Town 18 July 2001 No. 22479
No. 660 18 July 2001
It is hereby notified that the Acting President has assented to the following Act, which is hereby published for general information:–
No. 12 of 2001: National Forest and Fire Laws Amendment Act, 2001
GESEKAI, EXPLANATORY NOTE:
I ] IVords i n bold type i n square brackets indicate omissions from csisting enactments.
Ijl'ords underlined with a solid line indicate insertions in existing enactments.
ACT To anlend the National Forests Act, 1!)9S, so as to amend certain definitions; to make further provision regarding the possession and disposal of trees and forest products in natural forests; to make provision for the protection of species of trees; to exempt certain contractors from having to obtain a licence; to make the granting of a prospecting or mining licence in a !state forest subject to certain principles; to provide for once-off sales of forest produce and products; to provide further for the termination of an agreement; to correct an anomaly; to make further provision regarding the reservation of State land for forestry; to provide further for the procedure for making regulations; to make new provision with regard to tariffs; to expand the provision creating offences:; and to correct a reference; to amend the National Veld and Forest Fire Act, 1998.. so as to provide for the situation where the chief fire officer of a municipal structure does not want to perform the functions of a fire protection officer in the fire protection association; and to provide that certain listed factors should he taken into account in a fire danger rating system only where it is reasonably possible to do so; to prcwide further for the procedure for making regulations: and to provide for matters connected therewith.
B E 1T ENACTED b\, the Pa~-liament of the Republic of South Africa. as follo\vs:- Amendment of section 2 of Act 81 of 1998
1. Section 2 o f the National Forests Act. 1998. is hcr.eb)~ amended- (cr) by the substitution for the d~finition of "State land" of the following 5
definition: '' 'State land' ~ncans land which vests irl the national or a pro\,incial zovermnent- ( u i including-
- ( i i land held i n trust by the Mlnister of Land Affairs 01- the 10 Ingonyama reien-ed to i n the KwaZulu Ingonyama Trust Act. 1994 (KwaZulu Act KO. 3 of i993): and
( i i ) land which is n c : ~ t oumed by t k Statebut is managed bv the national or a pro\,incial go\~ernment exclusi\~ely or jointly with the owner in terms of an agreement: but 15
( / I ) cxcluding land belonging to a municipality:": and
( 1 7 ) by the substitution for the ciefinition of "trust forest" of the following definition:
" 'trust forest' means Sta:e land which- (a ) was reserved for forestry or declared as demarcated State forest or
( h ) has at any time vested in- a similar status in tel-nls of any previous forest legislation; and 5
( i ) the South African Development Trust established by section 4 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936):
( i i ) the government of any area for which a legislative assembly 10 was established in terms of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971); or
( i i i ) the governmer.ts of the former Republics of Transkei, Bophuthatswana: Venda and Ciskei,
despite any subsequent ,withdrawal. retraction or amendment of the 15 status of the forest as resewed or demarcated, the boundaries being those which [applied when the forest was first demarcated or, failing demarcation, first reserved for forestry] were most recently surveyed or otherwise accurately dtscribed in terms of any law;".
Amendment of section 7 of Act 84 of 1998 20
2. Section 7 of the National Forests A'zt, 1998, is hereby amended- (a) by the substitution for subsection (1) of the following subsection:
" ( I ) No person may- - ( a ) cut, disturb, damage or destroy any indigenous. living tree in [or
remove or receive any such tree from] a natural f o r e s t s 25 (0) possess. collect, remove, transport, export, purchase, sell, donate or
in any other manner acquire or dispose of any tree, or any forest product derived frorr a tree contemplated in paragraph (a),
except in terms of- [(a)]@ a licence issued tinder subsection (4) or section 23; or 30 [@)I(& an exemption from the provisions of this subsection published
by the Minister in the Gazette on the advice of the Council."; and
(0) by the substitution for subsection (4) of the following subsection: "(4) The Minister may [issue a licence to cut, damage or destroy 35
any indigenous, living tree in, or remove or receive any such tree from, a natural forest] license one or more of the activities referred to in paragraph (a) or (b) of subsection (12.".
Amendment of section 10 of Act 84 of 1998
3. Section 10 of the National Forests Act. 1998, is hereby amended by the substitution 40 in subsection ( I ) for paragraph ( e ) of the following paragraph:
" ( ( 2 ) i n terms of an exemption under section [7(l)(b)] ?(l)(b)(ii) or 34(6): or".
Amendment of section 15 of Act 84 of 1998
4. Section 15 of the National Forests Act, 1998, is hereby amended by the substitution for subsection ( 1 ) of the following subse'3t on: 45
"( 1 ) No person may- (ct) cut. disturb. damage 0' destroy [or remove] any protected tree: or ( b ) possess. collect. remove. transport. export, purchase. sell. donate or in any
other manner acquire or dispose of any protected tree, or any forest product derived from a protected tree. 50
except under a licence granted by the Minister.".
Amendment of section 18 of Act 84 of' 1998
5. Section 1 8 of the National Forests Act. 1998. is hereby amended by the substitution for subsection ( I ) of the following subsection:
Amendment of' section 23 of' Act 81 of 1998
6. Section 23 oithe National Forests Act. 1998. is hereby amended b\ the substitution 5
"(2) No person may engage in any activity i n a State forest for which a licence for subsection (3) of the following subsection:
is required without such a licence. unless he or she- ( ( 1 ) [he or she] is exempted under section 24 (6): ( b ) [he or she] is acting in the scope of his 01- her employment or mandate as an I0
officer. employee 01- agent of the Department; IC) [he or she] has a right to (engage i n the activity i n terms of the Interim
Protection of informal Land Rights Act. 1996 (Act No. 3 1 of 1996): Id) performs the acti\,ity i n terms of a contract contemplated i n paraFraph (17) of
section 23(4).". 15
Amendment of section 24 of Act 84 of 1998
7. ( 1) Section 33 of the National Forests Act. 1998. is hereby amended- ( 0 ) by the substitution for subsection (3j of the following subsection:
"13) ,4 licensee must pay the licence fee. unless- (rri he or she has enters-d into a lease agreement under section 1-7: 20 (11) he or she is a purchaser i n terms of an agreement referred to i n
((.) i t is a community which has entered into an agreement under section
( d ) the licensee is unable to pay and qualifies for exemption i n terms of 25
( e i the tariff referred to in section 55 iaJ does not prescribe a licence fee
section 28( I ) :
criteria set by the M i n i s t e r s
for the activity concerned."; and ( h ) by the substitution for subsec.tion (9) of the following subsection:
"(9) Nothing in this Act prohibits [or affects] the grant in terms of any 30 law of a right to prospect for. mine or dispose of any mineral as defined i n the Minerals Act. 199 1 (Act Eo. 50 of 1991). or any source material as defined in the Nuclear Energy Act. 1993 (Act No. 131 of 1993). i n a State forest but- - ( a ) the holder of such ;I right may not [cut, disturb, damage, destroy 35
or remoye an?; forest producc] do anything which requires a licence i n terms of section 23 without a licence;
( h j the grant of any such right after the commencement of the National Forest and Fire Laws Amendment Act. 2001. must be made sub.ject to the principles se;. out in section 3 ( 3 ) of this Act.". 40
iirnendment of section 28 of Act 84 of 1998
8. Scction 2s of the National Fol-csti. Act. 1998. i c Ilereby amended- (a i b! the substitution i n subsection ( I ) of the follov,ing sub\ection:
"( 1 i a l The hlinistcr:
section 30: or
( 0 ) a person \s.ho has entered into a Icax agreement under section 45
(c j a pafly to 3 communit)r forestry agreement entered into under
id) the South .4frican Forestry Company Limited. ma!' e n t a into a n agreenent to sell timber or any other forest produce in 5 0 or deri\ted from a State forest to an)' other person.":
( h ) by the substitution in subsection ( 2 ) for paragraph (a i of the f o l l ~ u ~ i n g
' . lo) allour for ternmination of the contract at any time after i t comes into paragraph:
effect b), either parry on a period of notice which is not more than 55 fi\$e years. unless-- - ( i \ the Minister a2rees to ;I longcr period of notice;
( i l ) the contract t:ndures for a total period of five years or less. including an>’-periods for which the contract may be renewed: or
( i i i ) the contract i? for a once-off sale of timber or other forest ploduce whicl;~ has been harvested at the time of the sale:“: and
( c i by the substitution in subsxtion ( 5 ) for paragraph cfi of the following
“ ( f ) [the termination of the agreement in terms of subparagraph ( i ) of paragraph (a)] im act or omission by either party in terms of this subsection is not a breach of the agreement.”.
Amendment of section 50 of Act 84 of 1998
9. Section SO of the National Forests A c t , 1998, is hereby amended by the substitution
“(1) The Minister may reserve State land [which is not a State forest] for forestry if- ( a ) in the case of State land held in trust by the Ingonyama referred to in the
KwaZulu Ingonyama Trust ,:kt, 1994 (KwaZulu Act No. 3 of 1994), the authority with the necessary power in terms of that Act agrees;
(b ) in the case of State land. other than land referred to in paragraph (a), which has at any time vested in- (i) the South African Development Trust established by section 4 of the
Development Trust and Land Act. 1936 (Act No. 18 of 1936); or (ii) the government of any area for which a legislative assembly was
established in terms of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971); or
( i i i ) the governments of the former Republics of Transkei. Bophuthatswana. Venda and Ciskei.
the Minister of Land Affairs agrees; ( c ) in the case of State land which is not owned by the State hut is managed by the
national or a provincial government exclusively or jointly with the owner in terms of an agreement, the owner agrees:
(d ) in the case of State land. other than land referred to in paragraphs (a), (b) and (c). the Minister of Public Wclrks agrees.”.
for subsection (1) of the following sub:.ection:
Amendment of section 54 of Act 84 of’ 1998
10. Section 53 of the National Forestc Act. 1998. is hereby amended- 35 (a ) by the substitution for subsection (2) of the following subsection:
“ ( 2 ) (a) After (i) amend the draft regulations: and (ii) subject to subsectior~s (3) to (8). publish the regulations in final foml
ih) The repulations arc effective from the date the hlinister publishes in the Gazette.
them in the Garerre in terms of paraeraph fa).”: and (0) by the substitution for subseci.ion (3) of the following subsection:
‘ . (3 ) The Minister mu!;t table the regulations in Parliament. together v,rith any written commcnts and advice received on them purwant to 45 subsection ( 1 )- (a ) uJithin 30 days after publishing them in terms of subsection ( 2 ) ; or (0) if Parliament is not then in session. within 30 days after the next
Substitution of section 55 of Act 83 of 1998 SO
11. The following section is hereb), substituted for section 55 of the National Forests Act. 1998:
‘‘Tarills and charges
55 . The Minister.may. w t h the consent of the Minister of Finance-
i c i ) 111 rchpect 01' [any] Stale [f'orest] i'orcsth. issue [a tariff1 tal-ift's of [licence] fees [which may wry according to circumstances] for licences issued i n terms of this Act:
ti) [product] forcst produce o r forest pIoducts del-ived from State forests and sold hy 311 oyan of State: or
( i i [service] ser\.icek, rendered by [an oficer or employee] officers or employees of 1he Department or by [a member] members of the panel refen-ecl to i n section 45.".
( / I ) i swe [the taritfl tariffs of chayes [to be paid] for [any]- I__
-4rnendment of section 62 of Act 84 of 1998
12. Section 61 of the National Forests Act. 1998. is hereby amended by the substitution i n subsection (2) fol- paragraph ( c ) o f the following paragraph:
" ( c ) the prohibition on- ( i ) the cutting. distu~-bancc. damage % destruction [or emoval] of
protected trees referred to in section 15[1)(a); or ( i i ) [the prohibition on] t h e possession, collection. removal. transport.
export. purchase or sale cuf protected trees, or any forest product derived fl-om a protected tree. relerred to in.section 15(1 )(hi ,
is guilty of a fil-sr category offence.".
.4rnendment of Schedule 1 to Act 84 of 1998
13. Schedule 1 t o the National Forests Act. 1998, is hereby amended by the substitution for the expression "section 34" in the third column of the expression "section 35".
Amendment of section 5 of Act 101 of 1998
14. Section 5 of the National Veld and Forest Fire Act, 1998. is hereby amended- ( N ) by the xubstitution in subsection ( 1 ) for paragraph (bj of the following
" ( b J provide in the strategy for agreed rnechanis~ns for the co-ordination of actions with adjoining fire protection associations [in the event of a fire crossing boundaries]:": and
( h ) b!. the substltution in subseLtion ( I ) for paragraph ( I ) of the following
.'(/I appoint a tire protcction officer. unless [a municipality is a member] there is a chief fire officer as contemplated i n section 6 ( l ) ( a ) who is wi l l i n , to assume the powers and duties of a tire protection officer.".
.L\mendment of section 5 of Act 101 of 1998
15. Section 6 of the National Veld and Forest Fire Aci. 1998. is her&). amended by the sub\titution for subsection 19) of the following subsection:
"('2) \%'here- ( ( / ) a municipalit> is a member anti has a s e n i c e . o r \ \ k r e a designated service is
a member. thr chief fire oflice,- is 1111' lire prolection officer unless he or she declines the position:
( h , a fire protection association has as members more than one entit>) ha\.ing a chief fire oficer willinz to assume the powers and duties of the fire protection otficer. the fire protection officer must be [elected as prescribed] appointed f r o m among those chief fire officers.".
Amendment of section 9 of Act 101 of 1998
16. Section 9 ofthe Kational Veld and Forest Fire Act. 199s. i s hereby amended by the
" ( a ) take into account the rele\,ant peculiarities of each region. including, where substitution i n subsection (4) for paragraphs I N ) and ( 1 7 ) of the following paragraphs:
re:isonably possible7 ( I ) the topography;
Act No. 12. 2001 KATIONAL FOREST AND FIRE LAM’S A\IENI)hlENT ACT. 1011I
( i i ) the type of vegetation i n the area: ( i i i ) the seasonal climatic c y l e : i iv ) typical weather conditions: (v) recent weather conditions:
(vi) [where reasonably possible,] current weather conditions; (vii) forecasted weather conditions: and
(viii) any other relevant matter; (bj incorporate the formula or formulae needed to-
(i) take into account [all] factors affecting the fire danger for each region; (ii) calculate the indicators needed to rate the fire danger;
(iii) rate the fire danger in each region for an appropriate period or periods;”
Amendment of section 21 of Act 101 of 1998
17. Section 21 of the National Veld and Forest Fire Act. 1998, is hereby amended- ( a ) by the substitution for subsecl.ion (2) of the following subsection:
(ii) subject to subsections (3) to (8), publish the regulations in final form
(b) The regulations are effective from the date the Minister publishes in the Gazette.
them in the Eazette in telms of paragraph (a).”; and ( b ) by the substitution for subsection (3) of the following subsection:
“(3) The Minister must table the regulations in Parliament together with any written comments and advice received on them pursuant to subsection (1)- (a) within 30 days after publishing them in terms of subsection (2); or 25 (6) if Parliament is not then in session, within 30 days after the next
18. This Act is the National Forest and Fire Laws Amendment Act, 2001