National Environmental Management Act, 1998 (Act No. 107 of 1998)RulesWelgevonden Game Reserve (NPC) July 2021Annexure A |
1. | Welgevonden Game Reserve (NPC) (“WGR”) – Staff Access and Egress |
Terminology is synchronised with definitions provided in the Regulations and Code of Conduct. In particular, the following:
“Building Area”: ..... The designated area on each Private Lodge Subdivision and Commercial Subdivision within which construction can take place.
“The Common Land”: ..... The Property excluding the Building Area on the Private Lodge Subdivisions, the Commercial Subdivision and the WGR Subdivisions.
1.1. | In addition to the Rules and all rights in favour of the Company, Members shall be obliged to allow WGR and all its employees, directors, officers, agents and contractors ("Authorised Persons") from time to time, unrestricted access to, and egress from, any Building Area and the Common Land for any purpose necessary, or incidental to: |
1.1.1. | the management, preservation and enhancement of the Reserve |
1.1.2. | the pursuit of the objects of the Company |
1.1.3. | ensuring compliance with and/or the enforcement of the Memorandum of Incorporation, Regulations and Code of Conduct and Building Rules |
1.1.4. | discharging its legal duties as Management Authority in terms of the National Environmental Management Act, 107 of 1998 |
1.2. | Subject to clauses 1.3 and 1.4, if any Authorised Person requires access to any Building Area in terms of this Rule 1, then the Welgevonden management shall give the Lodge staff, or any other person designated from time to time by a Member, prior notice of the intended access, including the date and time of such access. |
1.3. | The Welgevonden office must be notified in writing of any persons other than Lodge staff designated to be notified in terms of 1.2, which notification shall be acknowledged by the Welgevonden office in writing. |
1.4. | The notice requirement in clause 1.2 shall not apply where, in the reasonable and good-faith opinion of any Authorised Person, such access is required as a result of any emergency or potential harm to person or property. |
1.5. | Subject to clause 1.2, all Authorised Persons may take or cause to be taken all and any such steps as they may consider necessary to gain unrestricted access to, and egress from, any Building Area and/or Common Land. |
1.6. | Fine for transgression of this rule: |
Transgression |
1st offence |
Escalation/subsequent offence* |
Refusal or obstruction of WGR staff accessing Building Area or the Common Land |
R15 000 |
R7 500 |
* Escalation of 1st offence fine for any subsequent offence in the same category in a 2-year period.