Taxonomies
Related documents
South Africa
National Environmental Management: Protected Areas Act, 2003
Regulations for the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites, 2005
Government Notice R1061 of 2005
- Published in Government Gazette 28181 on 28 October 2005
- Commenced on 28 October 2005
- [This is the version of this document from 15 August 2014.]
1. Definitions
In these Regulations any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned and, unless the context otherwise indicates—"accommodation" means facilities of any nature for the accommodation of day and overnight visitors;"alien species" means—(a)a species that is not an indigenous species; or(b)an indigenous species translocated or intended to be translocated to a place outside its natural distribution range in nature, but not an indigenous species that has extended its natural distribution range by natural means of migration or dispersal without human intervention;"authorised official" means an employee of a management authority, or any other person, acting as such on the written authorisation of a management authority and includes an environmental management inspector;"bioprospecting" means bioprospecting as defined in section 1 of the National Environmental Management: Biodiversity Act (Act No 10 of 2004)"community-based natural resource management" means in relation to indigenous biological resources, any utilisation of indigenous biological resources by a community for sustainable harvesting, traditional use or commercial purposes;"critically endangered species" means any indigenous species listed as a critically endangered species in terms of section 56 of the Biodiversity Act;"dangerous weapon" means any object, other than a firearm, which could cause serious bodily injury in respect of people or animals;"development" means any physical intervention, excavation or action, other than that caused by natural forces, which may result in a change in the nature, appearance or physical nature of a site in a national park or world heritage site or influence its stability and future well-being, including—(a)the construction, alteration, demolition, removal or change of use of a site or a structure on the site;(b)the carrying out of any works on, over or under the site;(c)the construction or putting up for display of signs or boardings;(d)any change to the natural or existing condition or topography of land; and(e)any removal, clearing or destruction of trees or vegetation or the removal of topsoil;"employee" means a person in the employ of a management authority;"environmental management inspector" means a person designated as such in terms of section 318 of the National Environmental Management Act, 1998 (Act No. 107 of 1998);"firearm" means a firearm as defined in section 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000);"internal rules" means rules made under section 52 of the Act;"invasive species" means invasive species as defined in section 1 of the National Environmental Management: Biodiversity Act (Act no 10 of 2004)"life-guard" means a person appointed by a management authority to perform rescue services;"listed threatened or protected species" means any species listed in terms of section 56(1) of the Biodiversity Act;"Marine Living Resources Act, 1998" means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);"Merchant Shipping Act, 1951" means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);"open access protected area" means a national park or world heritage site which can be entered and traversed by any means where the entry to such national park or world heritage site is not restricted or controlled by any access point or a gate;"overnight" means to be present in a national park or world heritage site between sunset and sunrise;"point of entry" means a place of entry to a special nature reserve, national park or world heritage site;"Protected Area Notice" means a written notification issued by a management authority;"protected species" means any indigenous species naturally found in a protected area and includes any indigenous protected species listed under section 56 of the Biodiversity Act;"recreation area" means any area set aside in terms of the management plan for general recreational use by the public;"special use permit" means a permit granted as contemplated in regulation 35;"specific environmental management Act" means a specific environmental management Act as defined in section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998);"specimen" means a specimen as defined in section 1 of the Biodiversity Act;"the Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);"vehicle" means any conveyance designed or adapted principally to travel on wheels or tracks;"vessel" means any conveyance floating on, in or over water and designed for navigation on or in water, howsoever propelled and includes any canoe, lighter, floating platform, decked boat, carrier vessel, vessel equipped with an inboard or outboard motor or any other craft, whether surface craft or submarine;"vulnerable species" means any indigenous species listed as a vulnerable species under section 56 of the Biodiversity Act;"water area" means the water and the bed of any tidal lagoon, natural lake, tidal river, river or stream, dam, impoundment or wetland or any part thereof, situated within a special nature reserve, national park or world heritage site, and includes the water and the land between the lowest line and the highest line to which the water-level of such tidal lagoon, natural lake, tidal river, dam, impoundment or wetland, river or stream or any part thereof may recede or rise at any time;"water ski" means to ski on or in the water with or without the assistance of any kind of skiing apparatus while the water skier is towed by a vessel by means of a towing-rope, and includes kite-surfing and para-sailing.Chapter 1
Application of Regulations
2. Application of Regulations
Chapter 2
Protected areas register
3. Protected areas register
Every management authority must submit to the Minister, within three months after the end of each financial year, information for the protected area register, in the prescribed format, detailing all protected areas under the control of, or intended to be under the control of, the management authority.Chapter 3
Part 1 – Biodiversity management and conservation in a special nature reserve, national park and world heritage site
4. Prohibitions
Part 2 – Use of biological resources in a national park or world heritage site
5. Use of biological resources
6. Access to special nature reserve, national park and world heritage site by user of biological resources
7. Collection of data
Part 3 – Access to special nature reserves, national parks and world heritage sites
8. Admission
9. Entrance and accommodation fees
10. Points of entry and exit
11. Proof of entry
12. Safe entering
No person shall enter or take a vehicle or vessel in a national park or world heritage site onto a place, road, river or water area in an unsafe, reckless or negligent manner.13. Staying overnight
14. Times of entry and travel
No person shall, without the permission of the management authority, enter, leave or travel in a special nature reserve, national park or world heritage site at any time other than the times determined by the management authority from time to time.15. Vehicles
No person shall enter or travel in a special nature reserve, national park or world heritage site except in a vehicle that conforms to the dimensions and other requirements determined by a management authority from time to time.16. Prohibitions
17. Permits for vessels
Any person intending to use a vessel in a water area must apply for a permit for such a vessel in a form determined by a management authority.18. Operating rules
Part 4 – Commercial activities in a national park and a world heritage site
19. Development
Part 5 – Activities that may be carried out in terms of section 50
20. Authorised activities
21. Commercial and community activities
A management authority may by means of making an internal rule set aside a part of a national park or world heritage site, as an area in which a particular activity may be undertaken by visitors to the national park or world heritage site, communities or interest groups and shall display the internal rule in which such area is described at the entrance to the national park or world heritage site: Provided that the activity does not compromise the purpose for which the national park or world heritage site was established.22. Other activities
No person shall, without the written permission of a management authority—Part 6 – Use of water areas, land and airspace in a special nature reserve, national park and world heritage site
23. Protected area notice
24. Recreation areas
25. Prohibitions in water areas
26. Bathing and swimming
No person shall bathe, dive or swim in any area in a national park or world heritage site—27. Safety ropes
No person shall hang from, sit on, interfere with or cause safety ropes or other devices to sink where such safety ropes or devices are provided for the assistance of bathers in distress or for the protection of bathers.28. Life saving apparatus
Except in an emergency, no person, with the exception of an authorised official or a life-guard, shall handle, touch or use in any manner a life-saving rope, buoy or other life-saving apparatus installed or maintained in or at a water area, or do anything which will impede the proper working of such life-saving apparatus.29. Water skiing
30. Prohibitions on land and In airspace
No person shall, except with the prior written permission of a management authority—Part 7 – Community-based natural resource utilisation
31. Use of biological resources
A management authority may, by means of the granting of a license or permit or the entering into of a Mitten agreement, on the conditions it deems necessary and against payment of the fees determined, if any, grant to any local community the right to the sustainable use of biological resources on the same basis as set out in regulation 5(1).32. Access
Notwithstanding any other provision of these Regulations, and in accordance with a management plan or co-management agreement, a management authority may by means of the granting of a license, permit or the entering into of an agreement, on the conditions it deems necessary and against payment of the fees determined, if any, grant a local community access to part or parts of a special nature reserve, national park or world heritage site for cultural, spiritual, heritage or religious purposes.33. Register of local communities
Part 8 – General
34. Research and monitoring
35. Special use permits
36. Interference with management authority equipment
No person shall, in a special nature reserve, national park or world heritage site, interfere with, put into operation, damage, climb on or board any vehicle, vessel, dredging apparatus or any other implement which is the property of or is used by a management authority or its agents, without the prior permission of the management authority, or its agents.37. Misuse of facilities
Chapter 4
Part 1 – Prohibition or restriction of activities having an adverse effect in a special nature reserve, national park or world heritage site
38. Prohibited activities
A person is not in contravention of any provision of the Regulations in this chapter if that person needs to undertake the prohibited activity—39. Interference with soil or substrate
40. Littering
No person shall, in a special nature reserve, national park or world heritage site—41. Pollution of water
No person shall, at any time or in any manner, including by the use of detergents, pollute any water in a river, spring, pan, well, borehole, groundwater, dam, reservoir or lake in a special nature reserve, national park or world heritage site.42. Removal and dumping in water area
No persons shall, without the prior written consent of a management authority and subject to the conditions imposed by the management authority, in any manner—43. General prohibitions
No person shall in a special nature reserve, national park or world heritage site—44. Firearms and dangerous weapons
Part 2 – Prohibition or restriction of the use of biological resources in a special nature reserve, national park and world heritage site
45. Restricted activities
Part 3 – Prohibition or restriction of land use in a special nature reserve, national park and world heritage site
46. Buildings and improvements
47. French drains and pit latrines
No person shall, without the prior written approval of a management authority accompanied by a site plan, establish or in any way alter, extend or enlarge any french drain system, pit latrine or any other sewerage disposal system on any land situated within a special nature reserve, national park or world heritage site or replace it with another french drain system, pit latrine or any other sewerage disposal system.48. Holiday resort, caravan park, camping or picnic site
No person other than a management authority shall erect, establish, transform, extend or enlarge any holiday resort, caravan park or camping or picnic site situated on private land within a national park or world heritage site at which members of the public can stay, camp or picnic upon payment of a fee, other than in accordance with the management plan for the national park or world heritage site and the written approval of the management authority.Part 4 – General
49. Pets
Chapter 5
Advisory committees
50. Establishment of advisory committee
A management authority may establish one or more advisory committees in respect of a special nature reserve, national park or world heritage site.51. Procedure
In establishing an advisory committee contemplated in regulation 50 a management authority must—52. Closing date for nominations
An invitation contemplated in regulation 51 must specify the method of submission and a date by which the nominations contemplated in subregulation 51(a) must reach a management authority.53. Composition
A management authority must, after considering any nominations submitted in terms of subregulation 51(a), appoint members to the advisory committee: Provided that at least one employee of a management authority, nominated by the management authority, must be an ex officio member of the advisory committee: Provided further that any appointment of a member made in respect of any particular advisory committee must be based on a real interest demonstrated by the member in respect of the relevant special nature reserve, national park or world heritage site.54. Mandate
A management authority must define the specific mandate of any advisory committee in writing in specific terms. The specific terms must include the terms of reference, the method of communicating advice, the acceptance and rejection of advice offered, the appointment and removal of committee members and the support to be provided together with any remuneration payable and its terms.55. Term of office
A member of an advisory committee shall be appointed by a management authority for a period not exceeding three years.Chapter 6
Norms and standards
56. Internal rules
57. Management plans
58. Planning
All existing planning measures in connection with any special nature reserve, national park or world heritage site remain in force until a management plan for a special nature reserve, national park or world heritage site becomes effective in accordance with the Act: Provided that where land is to be incorporated into a special nature reserve, national park or world heritage site the planning measures in respect of the special nature reserve, national park or world heritage site into which the land is to be incorporated applies as if the land were considered to have been incorporated in preparing the management plan.59. Revenue requirements
Chapter 7
Bioprospecting
60. Bioprospecting
No person shall undertake any manner or form of bioprospecting in a special nature reserve, national park or a world heritage site without the prior written authorisation of a management authority and subject to such conditions and against the payment of a fee as determined by the management authority.Chapter 8
Fines and penalties
61. Offences
Any person who—62. Lawful instructions
Any person in a special nature reserve, national park or world heritage site who fails to comply with any internal rule issued by the management authority and in so doing—63. Eviction
64. Penalties
History of this document
15 August 2014 this version
28 October 2005
Cited documents 5
Legislation 5
1. | National Environmental Management Act, 1998 | 1784 citations |
2. | National Environmental Management: Protected Areas Act, 2003 | 629 citations |
3. | Firearms Control Act, 2000 | 483 citations |
4. | Merchant Shipping Act, 1951 | 391 citations |
5. | Marine Living Resources Act, 1998 | 338 citations |