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

Chapter 4 : Management of Protected Areas

Part 4 : Restrictions

50. Commercial and community activities in national park, nature reserve and world heritage site

 

(1) The management authority of a national park, nature reserve and world heritage site may, despite any regulation or by-law referred to in section 49, but subject to the management plan of the park, reserve or site—
(a) carry out or allow—
(i) a commercial activity in the park, reserve or site; or
(ii) an activity in the park, reserve or site aimed at raising revenue;
(b) enter into a written agreement with a local community inside or adjacent to the park, reserve or site to allow members of the community to use in a sustainable manner biological resources in the park, reserve or site; and
(c) set norms and standards for any activity allowed in terms of paragraph (a) or (b).

[Section  50(1) substituted by section 19(b) of Act No. 31 of 2004]

 

(2) An activity allowed in terms of subsection (1) (a) or (b) may not negatively affect the survival of any species in or significantly disrupt the integrity of the ecological systems of the national park, nature reserve or world heritage site.

[Section  50(2) substituted by section 19(b) of Act No. 31 of 2004]

 

(3) The management authority of the national park, nature reserve or world heritage site must establish systems to monitor—
(a) the impact of activities allowed in terms of subsection (1)(a) or (b) on the park, reserve or site and its biodiversity; and
(b) compliance with—
(i) any agreement entered into in terms of subsection (1)(b); and
(ii) any norms and standards set in terms of subsection (1)(c).

[Section  50(3) substituted by section 19(b) of Act No. 31 of 2004]

 

(4) Any activity carried out lawfully in terms of any agreement which exists when this section takes effect may continue until the date of termination of such agreement, provided that the agreement may not be extended or varied so as to expire after the original intended expiry date without the consent of the Minister.

 

(5) No development, construction or farming may be permitted in a national park, nature reserve or world heritage site without the prior written approval of the management authority.

[Section  50(5) substituted by section 19(c) of Act No. 31 of 2004)

 

[Section 50 substituted by section 19(a) of Act No. 31 of 2004]