Intellectual Property Rights from Publicly Financed Research and
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National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)Chapter 4 : Management of Protected AreasPart 3 : Access to protected areas47. Use of aircraft in special nature reserve, national park or world heritage site |
| (1) | A special nature reserve, national park or world heritage site includes the air space above the reserve, park or site to a level of 2 500 feet above the highest point of the reserve, park or site. |
[Section 47(1) substituted by section 17(b) of Act No. 31 of 2004]
| (2) | No person or organ of state, may land or take off in an aircraft in a special nature reserve, national park or world heritage site, except— |
| (a) | on or from a landing field designated by the management authority of that nature reserve, national park or world heritage site; and |
| (b) | on authority of the prior written permission of the management authority, which authority may stipulate the terms and conditions upon which this must take place. |
[Section 47(2) substituted by section 4(a) of Act No. 15 of 2009]
| (3) | No person or organ of state may fly over or cause an aircraft to fly over a special nature reserve, national park or world heritage site at a level of less than 2500 feet above its highest point, except as may be necessary for the purpose of subsections (2) or (3A). |
[Section 47(3) substituted by section 4(a) of Act No. 15 of 2009]
(3A)
| (a) | The management authority may provide for flight corridors over a special nature reserve, national park or world heritage site, as well as through the protected airspace identified under subsection (1) where this is necessary for a public purpose or in the public interest. |
| (b) | No person or organ of state may fly or cause any person to fly an aircraft over a special nature reserve, national park or world heritage site and through the protected airspace identified under subsection (1)— |
| (i) | without the prior written permission of the management authority; |
| (ii) | without the prescribed fee having first been paid, if applicable; and |
| (iii) | unless and until the management authority has approved the flight plan for a flight and stipulated the terms and conditions upon which a flight is to take place. |
| (c) | The Minister in agreement with the Minister of Defence may allow for specific areas within the identified protected airspace to be used for training and testing of aircraft. |
| (d) | The provision of any flight corridor in paragraph (a) or area in paragraph (c) is subject to an environmental authorization in terms of section 24 of the National Environmental Management Act. |
[Section 47(3A) inserted by section 4(b) of Act No. 15 of 2009]
| (4) | Subsections (2), (3) and (3A) do not apply— |
| (a) | in an emergency; or |
| (b) | to a person acting on the instructions of the management authority. |
[Section 47(4) substituted by section 4(c) of Act No. 15 of 2009]
| (4A) | Any person who or organ of state that is affected by a decision of a management authority in terms of subsection (2), (3) or (3A) may appeal to the Minister against such decision. |
[Section 47(4A) inserted by section 4(d) of Act No. 15 of 2009]
| (5) | The Minister, acting with the concurrence of the Cabinet member responsible for civil aviation, may prescribe further reasonable restriction on flying over protected areas. |
[Section 47 substituted by section 17(a) of Act No. 31 of 2004]
