National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) Chapter 1 : Interpretation, Objectives and Application of Act 1. Definitions

 

 

"aircraft"

means an airborne craft of any type whatsoever, whether self-propelled or not, and includes a hovercraft;

 

"Biodiversity Act"

means the National Environmental Management: Biodiversity Act, 2003;

 

"biological diversity" or "biodiversity"

has the meaning ascribed to it in section 1 of Biodiversity Act;

 

"biological resource"

means any resource consisting of—

 

"Board"

means the Board of South African National Parks referred to in section 57;

[Definition inserted by section 1(a) of Act No. 31 of 2004]

 

"Chief Executive Officer"

means the Chief Executive Officer of South African National Parks appointed in terms of section 72;

[Definition inserted by section 1(a) of Act No. 31 of 2004]

 

"declare"

when used in relation to—

 

"Department"

means the national Department responsible for administering environmental affairs;

[Definition substituted by section 1(a) of Act No. 21 of 2014]

 

"designate"

when used in relation to—

 

"Director-General"

means the Director-General of the Department;

 

"ecological integrity"

means the sum of the biological, physical and chemical components of an ecosystem, and their interactions which maintain the ecosystem and its products, functions and attributes;

 

"ecosystem"

means a dynamic complex of animal, plant and micro-organism communities and their non-living environment interacting as a functional unit;

 

"environmental goods and services"

includes –

 

"fish"

when used as a verb, has the meaning, with the changes required by the context, ascribed to 'fishing' in section 1 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998);

[Definition  inserted by section 1(b) of Act No. 21 of 2014]

 

"Gazette"

when used in relation to—

 

"habitat"

in relation to a specific species, means a place or type of site where such species naturally occurs;

 

"indigenous species"

in relation to a specific protected area, means a species that occurs, or has historically occurred, naturally in a free state in nature within that specific protected area, but excludes a species introduced in that protected area as a result of human activity;

 

"lawful occupier"

includes an occupier protected under the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996), or the extension of Security of Tenure Act, 1997 (Act No. 26 of 1997), if the land regarding which the occupier enjoys such protection falls within a protected area or is proposed to be declared as or included in a protected area;

 

"local community"

means any community of people living or having rights or interests in a distinct geographical area;

 

"local protected area"

means a nature reserve or protected environment managed by a municipality;

 

"management"

in relation to a protected area, includes control, protection, conservation, maintenance and rehabilitation of the protected area with due regard to the use and extraction of biological resources, community-based practices and benefit-sharing activities in the area in a manner consistent with the Biodiversity Act;

 

"management authority"

in relation to a protected area, means the organ of state or other institution or person in which the authority to manage the protected area is vested;

 

"marine protected area"

means an area declared as a marine protected area in terms of section 22A;

[Definition substituted by section 1(c) of Act No. 21 of 2014]

 

"marine waters"

means waters that form part of the internal waters, territorial waters and the exclusive economic zone of the Republic, respectively referred to in sections 3, 4 and 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994), and includes an estuary defined in section 1 of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);

[Definition  inserted by section 1(d) of Act No. 21 of 2014]

 

"MEC"

means the member of the Executive Council of a province in whose portfolio provincial protected areas in the province fall;

 

"Minister"

means the Cabinet member responsible for national environmental management;

 

"municipality"

means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

"National Environmental Management Act"

means the National Environmental Management Act, 1998 (Act No. 107 of 1998);

 

"national environmental management principles"

means the principles contained in section 2 of the National Environmental Management Act;

 

"national park"

means—

and includes an area declared in terms of section 20 as part of an area referred to in paragraph (a) or (b) above;

[Definition inserted by section 1(c) of Act No. 31 of 2004]

 

"National Parks Land Acquisition Fund"

means the fund established by section 12A of the National Parks Act, 1976 (Act No. 57 of 1976);

[Definition inserted by section 1(c) of Act No. 31 of 2004]

 

"national protected area"

means –

[Definition substituted by section 1(e) of Act No. 21 of 2014]

 

"nature reserve"

means—

and includes an area declared in terms of section 23(1) as part of an area referred to in paragraph (a) or (b) above;

 

"organ of state"

has the meaning assigned to it in section 239 of the Constitution;

 

"prescribe"

means prescribe by the Minister by regulation in terms of section 86;

 

"protected area"

means any of the protected areas referred to in section 9;

 

"protected environment"

means—

and includes an area declared in terms of section 28(1) as part of an area referred to in paragraph (a) [or], (b) or (c) above;

[Definition substituted by section 1(e) of Act No. 31 of 2004]

 

"provincial protected area"

means a nature reserve or protected environment—

 

"Public Finance Management Act"

means that Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"special nature reserve"

means—

and includes an area declared in terms of section 18 as part of an area referred to in paragraph (a) or (b) above;

 

"species"

means a kind of animal, plant or other organism, including any subspecies, cultivar, variety, geographic race, strain, hybrid or geographically separate population;

 

"subordinate legislation"

means any regulation made or notice issued under or in terms of this Act;

 

"the Fund"

means the National Parks Land Acquisition Fund;

[Definition inserted by section 1(f) of Act No. 31 of 2004]

 

"this Act"

includes any subordinate legislation;

 

"wilderness area"

means an area designated in terms of section 22 or 26 for the purpose of retaining an intrinsically wild appearance and character or capable of being restored to such and which is undeveloped and roadless, without permanent improvements or human habitation;

 

"world heritage site"

means a world heritage site in terms of the World Heritage Convention Act, 1999 (Act No. 49 or 1999).