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National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Chapter 4 : Management of Protected Areas

Part 3 : Access to protected areas

46. Access to national park, nature reserve and world heritage site

 

(1) Despite any other legislation, no person may without the written permission of the management authority of a national park, nature reserve or world heritage site enter or reside in the park, reserve or site.

 

(2) Subsection (1) does not apply to—
(a) an official of the Department or of another organ of state designated by the Minister or, in the case of a provincial or local nature reserve, a person designated by the MEC, to monitor—
(i) the state of conservation of the park, reserve or site or of the biodiversity in the park, reserve or site; or
(ii) the implementation of the management plan and this Act;
(b) an official of the management authority performing official duties in the park, reserve or site;
(c) any police, customs or excise officer entering the park, reserve or site in the performance of official duties;
(d) the holder of a vested right to enter the park, reserve or site; or
(e) a person travelling through the park, reserve or site by rail, as long as that person stays on the train or within the precincts of any railway station.

 

(3) If the management authority of a national park, nature reserve or world heritage site refuses permission to an official of an organ of state to enter the park, reserve or site for the performance of official duties, the Minister may—
(a) reconsider the matter; and
(b) either confirm the refusal or grant the permission.

 

[Section 46 substituted by section 16 of Act No. 31 of 2004]