Mpumalanga
South Africa
South Africa
Mpumalanga Nature Conservation Act, 1998
Act 10 of 1998
- Published in Mpumalanga Provincial Gazette 384 on 17 November 1998
- Assented to on 28 October 1998
- Commenced on 1 January 1999 by Mpumalanga Nature Conservation Act, 1998: Commencement
- [This is the version of this document from 17 November 1998 and includes any amendments published up to 7 March 2024.]
Chapter 1
Introductory provisions
1. Definition
In this Act, unless the context otherwise indicates-"angle" means the catching of fish by the use of a line and fish-hook, whether or not a rod is used, and includes the use of a landing-net or keep-net to land and keep fish caught by means of a line and fish-hook;"artificial lure or spoon" means a device which by the simulation of life or by the colour or appearance thereof may delude or lure fish into seizing such device;"biltong" means game meat which has been dried for the purpose of preservation or which is in the process of being dried;"Board" means the Eastern Transvaal Parks Board established by section 2 of the Eastern Transvaal Parks Board Act, 1995 (Act No. 6 of 1995);"boat" means any vessel or other device propelled by a motor, air screw, sail or oars and which is suitable or used for the conveyance of any person on or in waters, and includes an amphibian vessel, hovercraft or barge towed by such vessel or other device;"catch", in relation to-(a)a wild animal, exotic animal or invertebrate, includes to-(i)use any means or method to take or to catch or to attempt to take or to catch such animal alive;(ii)search for, to pursue, to drive, to lie in wait, to lure or to allure, to poison with the intent to catch or to injure or to kill such animal in the process of catching;(b)fish, includes to use any means or method to take or to attempt to take fish, whether alive or dead, to injure, to poison or to kill;"cave" means a natural geologically formed void or cavity beneath the surface of the earth;"cave-formation" means any natural matter formed in a cave and includes a wall, floor or ceiling of a cave, flow-stone, drapery, column, stalactite, stalagmite, helictite, anthodite, gypsum flower or needle, any other crystalline mineral formation, tufadam, breccia, clay or mud formation or a concretion thereof;"chief executive" means the chief executive officer of the Board appointed in terms of section (3)(b) of the Eastern Transvaal Parks Board Act, 1995 (Act No. 6 of 1995);"client" means any person not normally resident in the Republic and who pays or rewards any other person for or in connection with the hunting of a wild animal or an exotic animal;"closed season" means a period contemplated in section 52;"committee of the Board" means a committee of the Board appointed in terms of section 5, and includes the tender committee appointed in terms of section 10, of the Eastern Transvaal Parks Board Act, 1995 (Act No. 6 of 1995);"conservancy" means an area declared to be a conservancy in terms of section 85 (1)(e);"Conservation ranger" means a person appointed as such in terms of section 3 (1)(c);"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);"director of professional hunting school" means any person who presents and conducts a prescribed course to educate and assess prospective professional hunters and hunting outfitters."day" means the period from half an hour before sunrise to half an hour after sunset on the same day;"elephant tusk" an unprocessed incisor or part thereof in or from the upper jaw of an elephant;"endangered species" means a species of fauna or flora contemplated in section 81;"Executive Council" means the Executive Council of the Province as contemplated in section 132 of the Constitution;"exotic animal" means any live vertebrate, including a bird and reptile but excluding a fish, belonging to a species which is not a recognised domestic species and the natural habitat of which is not in the Republic of South Africa and includes the egg of such animal;"export" means to transfer any species, part or derivative thereof as listed in this Act from any position or place in the Province in any manner to any other position or place outside of the borders of the Province to another Province in the Republic of South Africa or country outside the borders of the Republic of South Africa."fish"-(a)includes aquatic fauna generally, excluding mammals and birds, whether indigenous or exotic and whether alive or dead, and the ova or spawn thereof;(b)in relation to angling, means only those species of water fauna commonly known as fish;"fisheries" includes all waters and the fish therein;"fishing tackle" means any fishing gear, apparatus or other device or any part thereof normally used for catching fish;"game" means any specially protected game, protected game, ordinary game or protected wild animal, whether alive or dead, contemplated in section 4(1);"game dealer" means any person capturing, transporting, selling or keeping game or any other wild animal for commercial purposes."honorary nature conservator" means an honorary nature conservator appointed in terms of section 3(1)(b);"hunt", in relation to-(a)a problem animal, means to hunt, to shoot at, to kill, to pursue, to capture or to search in an organized manner for;(b)any other animal, means to hunt, to shoot at, to kill, to capture, to pursue, to search or to lie in wait for or use any other means, method or device with the intent to kill or to shoot, to disturb wilfully or to collect or destroy the eggs of a bird or reptile;"hunting-outfitter" means any person who presents or organizes the hunting of a wild animal or an exotic animal for reward;"hunting-rights" means the power of an owner of land to hunt or to allow the hunting of a wild animal or an exotic animal in terms of the provisions of Chapter 2 of this Act on land of which he or she is the owner;"import" means for the purpose of this Act, all wild animals or rare species consigned to, or brought into the Province, and shall be deemed to have been imported into the Province:(a)in the case of wild animals and rare species consigned to a place in the Province in an aircraft, at the time when such aircraft on the flight in question, first came within the control area of the airport authority at that place, or at the time of the landing of such wild animals or rare species at the place of actual discharge thereof in the Province if such aircraft did not on that flight call at the place to which the wild animals or rare species were consigned or if such wild animals or rare species were discharged before arrival of such aircraft at the place to which such wild animals or rare species were consigned in the Province;(b)in the case of wild animals or rare species not consigned to a place in the Province but brought thereto by and landed therein from an aircraft, at the time when such wild animals or rare species were so landed;(c)in the case of wild animals or rare species brought into the Province overland, at the time when such wild animals or rare species entered the Province;(d)in the case of wild animals or rare species brought into the Province by post, at the time of importation in terms of paragraph (a), (b) or (c) according to the means of carriage of such wild animals or rare species;"indigenous plant" means any plant, herb, shrub or tree, whether alive or dead, indigenous to the Republic, whether it is or has been cultivated or whether or not it is growing in the wild state, or has for some time not been growing in the wild state, and includes the flower, seed, cone, fruit, bulb, tuber, stem or root or other part of such a plant, herb, shrub or tree, but excluding a plant, herb, shrub or tree declared to be a weed in terms of any law or improved by selection or cross-breeding;"invader weeds and plants" means a plant contemplated in section 80(1)(a);"invertebrate" means all species of wildlife that do not have an internal skeleton, whether alive or dead, of which the habitat is either temporarily or permanently in the Republic, and includes any part of an invertebrate and any stage in the life cycle thereof;"keep", in relation to a wild animal, exotic animal or invertebrate, means to keep live, to exercise control over, to supervise or to confine by a fence, wall, natural boundary or other obstruction or any combination of such fence, wall, natural boundary or obstruction, or to maim or otherwise incapacitate such animal to such an extent that it cannot maintain its natural way of life;"land used by the Board for purposes of this Act" means any land or water resorting under the control or management of the Board in terms of this Act or any other law, and any like phrase has a corresponding meaning;"live fish" in relation to natural bait, means live aquatic fauna commonly known as fish;"natural bait" means any animal or vegetable substance, whether alive or dead but excluding live fish, used in angling to allure fish by virtue of the edibility, smell or taste thereof;"nature conservator" means a-(a)nature conservator appointed in terms of section 3(1)(a);(b)member of the South African Police Service;"nature reserve" means an area declared to be a nature reserve in terms of section 85(1)(a);"night" means the period from half an hour after sunset on any day to half an hour before sunrise on the following day;"non-spinning artificial fly" means a fish-hook with one point and one barb to which anything inedible by fish is attached and which cannot rotate when fastened to a line and drawn through water and to which no device which can rotate is attached;"occupier", in relation to land or land on which waters are situated, means, for the purpose of-(a)Chapter 4 of this Act, the owner or, where the land is leased, the lessee;(b)any other Chapter of this Act, the person who actually occupies the land and is in control thereof;"officer or employee of the Board" means any person employed by the Board in terms of section 15(3)(d) of the Eastern Transvaal Parks Board Act, 1995 (Act No. 6 of 1995), and includes any person seconded to the Board, and any like words have a corresponding meaning;"open season" means a period contemplated in section 7(1)(a);"ordinary game" means a wild animal contemplated in section 4(1)(c);"owner", in relation to land or land on which waters are situated, means the-(a)person registered as the owner thereof in a deeds registry;(b)bona fide purchaser thereof prior to the registration of the deed of transfer in his, her or its name, but after the contract of sale has been concluded, to the exclusion of the person contemplated in paragraph (a);(c)lawful heir of the person contemplated in paragraph (a) or the purchaser contemplated in paragraph (b), as the case may be, at the death of such person or purchaser or, where the land is subject to a usufruct, the usufructuary;(d)lessee of the land who has entered into a lease for a period of not less than 10 years or for the natural life of the lessee or any other person referred to in the lease, or the person to whom the land has been allotted in terms of the laws on land settlement subject to the right to purchase that land;(e)trustee, curator, liquidator or judicial manager, or any person appointed in terms of any law to act temporarily or provisionally in such capacity, who is lawfully in control of such land where the owner, as contemplated in paragraph (a), (b), (c) or (d), is a-(i)natural person, and the estate of such owner has been surrendered for the benefit of his or her creditors, sequestrated or placed under curatorship; or(ii)body corporate, and is being wound-up or has been placed under judicial management;(f)in the case of a public area or road reserve of any public road, the authority in whom the control and management thereof vests;"pick" includes to gather, to cut off, to chop off, to uproot, to damage, to bum or to destroy in any manner;"poison" includes any poison, preparation or chemical used to catch, to immobilize, to sterilize, to kill or to harm physically a wild animal, exotic animal or invertebrate, and any like word has a corresponding meaning;"prescribe" means to prescribe by regulation;"premises" includes land, any building, structure or dwelling place, whether mobile, temporary or otherwise, or any vehicle, conveyance, boat or aircraft;"problem animal" means a wild animal contemplated in section 44(1);"professional hunter" means any person who offers or agrees to escort any other person for reward in order to enable the latter to hunt a wild animal or an exotic animal;"protected game" means a wild animal contemplated in section 4(1)(b);"protected plant" means a plant contemplated in section 69(1)(a);"protected wild animal" means a wild animal contemplated in section 4(1)(d);"Province" means the Province of Mpumalanga as contemplated in section 103(1)(e) of the Constitution;"public road" means a road, outspan, resting place or watering place to which the public or a section thereof has a right of access;"public sale" means a sale -(a)at a public market;(b)by a butcher who is the holder of a licence contemplated in section 23(1)(b);(c)by the holder of a permit contemplated in section 23(1);"rare species" means a species of fauna or flora contemplated in section 81;"relative" means the parent, brother, sister, spouse, child, step-child, grandchild, son-in-law or daughter-in-law of the owner or occupier of land;"Responsible Member" means the Member of the Executive Council responsible for environmental affairs, including nature conservation in the Province;"rhinoceros horn" an unprocessed horn or part thereof of a rhinoceros;"sell" means to sell, to barter, to offer for sale, to display for sale, or to give or to offer at a valuable consideration, and "buy" shall be construed accordingly;"set-line" means a line and fish-hook which, when used for catching fish, is not under the direct charge of any person but is fastened to anything, but excluding a line and fish-hook fixed to a reel and rod lying loose on the ground or resting on a fork or a stand;"specially protected game" means a wild animal contemplated in section 4(1)(a);"specially protected plant" means a plant contemplated in section 69(1)(b);"stock" means a horse, mule, ass, bull, cow, ox, heifer, caff, sheep, goat, pig or poultry;"sustainable use area" means an area declared to be a sustainable use area in terms of section 85(1)(e);"testing-team" means a testing-team contemplated in section 41(4);"this Act" includes the Schedules thereto, as well as regulations made thereunder."waters" means the waters in rivers, streams, creeks, lakes, pans, vleis, dams, reservoirs, furrows, canals and ponds;"weapon" means a firearm or other weapon or implement with which a projectile can be so propelled that it can kill, injure or immobilize a wild animal or exotic animal, the ammunition for a firearm and any projectile for use in connection with such other weapon or implement and any chemical or preparation for use in connection with such projectile;"wild animal" means any vertebrate, including a bird and a reptile but excluding a fish, belonging to a species which is not a recognized domestic species and the natural habitat of which is either temporarily or permanently in the Republic and any sub-species thereof occurring in Africa and includes the carcass, egg, flesh (whether fresh or cured), biltong, hide, skin, thong, tooth, tusk, bone, horn, shell, scale, claw, nail, hoof, paw, tail, ear, hair, feather or any other part of such vertebrate, including any part of such vertebrate which has been processed into a final product.2. Administration of Act
The Board shall be responsible for the administration of the provisions of this Act.3. Appointment of nature conservators, honorary nature conservators and conservation rangers
Chapter 2
Wild animals
4. Specially protected game, protected game, ordinary game and protected wild animals
5. Hunting of specially protected game
6. Hunting of protected game
7. Hunting of ordinary game
8. Hunting of protected wild animals
9. Hunting in nature reserves
10. Hunting during night
11. Hunting of game with certain weapons
12. Prohibited acts with certain devices or means
13. Hunting of protected wild animals under certain circumstances
14. Hunting on or from a public road
15. Entering upon land with weapons and conveyance of firearms
16. Catching of game
17. Leaving or making of openings in certain fences
18. Hunting or catching of wild animals in certain manners
19. Hunting or catching of exotic animals and wild animals which are not game
20. Responsible Member may cause wild animals or exotic animals to be hunted or caught
21. Poisoning of game or wild animals which are not game
22. Possession of elephant tusks and rhinoceros horns
23. Sale of game
24. Purchase of game
25. Donation of game
26. Picking up or removal of game
27. Receipt, possession, acquisition or handling of dead game
28. Conveyance of dead game
29. Keeping or conveyance of live game
30. Conveyance or keeping of live wild animals or exotic animals in certain conditions
31. Importing of live wild animals
32. Exporting or removal of wild animals from Province
33. Prohibited acts with certain live wild animals
34. Prohibited acts with exotic animals
35. Prohibited acts with certain invertebrate
36. Power of Responsible Member in respect of survival of certain wild animals
37. Exemption to hunt, catch or sell game
38. Transfer of hunting-rights
39. Prohibited acts
40. Establishment or operating of game parks or similar institutions
Chapter 3
Professional hunters and hunting-outfitters
41. Acting as professional hunters or hunting-outfitters
42. Hunting of wild animals or exotic animals by clients
43. Hunting-outfitters to be holders of hunting-rights
Chapter 4
Problem animals
44. Problem animals
45. Cancellation of registration of clubs
46. Hunting of problem animals by officers or employees of Board
The Board may, upon the application of the owner or occupier of land, make an officer or employee of the Board available to hunt problem animals on the land of such owner or occupier on such conditions, including the levying of fees, as the Board may determine.47. Research on problem animals
48. Financial assistance
The Board may, on such conditions as it may determine, render financial assistance to any person or association of persons actively engaged in the control of problem animals.49. Poisoning of problem animals by means of poison-pellets
50. Prohibited acts relating to problem animals
Chapter 5
Fisheries
51. Application of Chapter
The provisions of this Chapter shall not apply to-52. Closed season for fish
53. Catching of fish otherwise than by angling
54. Permissible fishing tackle and bait
55. Possession of nets or traps
56. Angling without licence
57. Exemption to catch or sell fish
58. Permission necessary to catch fish
59. Entering upon land with fishing tackle
60. Placing of obstruction in waters and draining of waters
61. Placing of certain objects on waters
62. Placing or releasing of fish in waters
63. Sale of live freshwater fish
64. Importing of live fish
65. Fly-fishing waters
66. Receipt, possession, acquisition or handling of fish
Any person who-67. Pollution of waters
68. Prohibited acts with certain aquatic growths
Chapter 6
Indigenous plants
69. Protected plants and specially protected plants
70. Picking of protected plants
71. Picking of indigenous plants in nature reserves
72. Picking of indigenous plants on or near public roads
73. Picking of indigenous plants by any person other than owner or occupier
74. Donation, sale, export or removal from Province of protected plants
75. Purchase or receipt of protected plants
76. Importing into and conveyance within Province of protected plants
77. Exemption of owners of nurseries
78. Receipt, possession, acquisition or handling of protected plants
Any person who-79. Prohibited acts with specially protected plants
80. Invader weeds and plants
Chapter 7
Endangered and rare species of fauna and flora
81. Endangered and rare species of fauna and flora
Every species of fauna and flora referred to in Appendices I, II and III (as amended from time to time) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, DC. 1973), and any readily recognisable part or derivative thereof, shall be an endangered species or a rare species of fauna and flora: Provided that those species of fauna and flora referred to in Appendix III shall only be considered to be endangered or rare species for purposes of this Act in so far as the Republic of South Africa is specified in Appendix III as a country in which such species are endangered or rare.82. Prohibited acts with endangered species or rare species
Chapter 8
Cave-formations
83. Prohibited acts with caves or cave-formations
Chapter 9
General
84. Unique communities
85. Powers of Responsible Member
In addition to any other power conferred upon him or her in terms of this Act or any other law, the Responsible Member may-86. Regulations
87. Powers of Board
In addition to any other power conferred upon it in terms of this Act or any other law, the Board may, with due regard to the relevant provisions of the Eastern Transvaal Parks Board Act, 1995, and for such reasonable purposes-88. Licences, permits and exemptions
89. Delegations
90. Powers and functions of nature conservators pertaining to search, seizure and entry
91. Article to be seized under search warrant
92. Inspectorate powers and functions of nature conservators
A nature conservator may-93. General powers and functions of nature conservators
A nature conservator may-94. Powers and functions of honorary nature conservators
An honorary nature conservator shall have the powers and functions conferred, entrusted or imposed upon or to a nature conservator in terms of sections 90(1)(e), 92(d) and 93(a)(i).95. Powers and functions of conservation rangers
A conservation ranger shall have the powers and functions of a nature conservator as contemplated in this Act.96. Certificate of appointment
Whenever a nature conservator, an honorary nature conservator or a conservation ranger exercises a power or performs a function conferred, entrusted or imposed in terms of this Act and is requested to produce his or her certificate of appointment contemplated in section 3(3), he or she shall produce it to the person so requesting him or her.97. Offences in respect of nature conservators, honorary nature conservators or conservation rangers
98. Exercising or performing of powers or functions of owner where land is held by more than one person, partnership or other body
Where land is held by-99. Reward for information
The Board may pay to any person not in the public service or in the service of the Board who gives information leading to an arrest for the commission of an offence in terms of this Act, such reward as the Responsible Member may determine.100. Presumptions and evidence
101. Forfeiture of certain goods and privileges
102. Allocation of fees, fines and proceeds of sales
All fees payable in terms of this Act, all fines recovered in respect of a contravention of a provision of this Act as well as the proceeds of the sale of anything forfeited to the Board in terms of this Act, shall be paid into the Board's revenue fund or account.103. Limitation of liability and legal proceedings
104. Declaration in respect of force and effect, repeal or amendment of laws, and savings
105. Short title and commencement
This Act shall be called the Mpumalanga Nature Conservation Act, 1998, and shall come into operation on a date to be fixed by the Premier by proclamation in the Provincial Gazette.History of this document
01 January 1999
17 November 1998 this version
28 October 1998
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Mpumalanga Nature Conservation Regulations, 1999 | Official Notice 2 of 1999 |