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

Regulations

Regulations for the Proper Administration of Nature Reserves, 2012

Chapter 5 : The Use of Biological Resources in Nature Reserves

18. Authorization for use of biological resources

 

(1) A written authorization or agreement contemplated in regulation 16 or 17, must—
(a) not be in conflict with the purpose for which nature reserve was established;
(b) define the land or water area within which the use of the biological resources is granted;
(c) indicate the period for which the right contemplated in regulation 16 and 17 is granted; and
(d) determine the limits to the use of the biological resources.

 

(2) The management authority must demarcate the land or water area contemplated in subregulation (1)(b) in a manner it deems fit.

 

(3) An authorization granted in terms of regulation 16 and 17 may not interfere with the exercise of any authorization which has been granted to another person in respect of the area contemplated in subregulation (1)(b).

 

(4) An authorization granted in terms of regulation 16 and 17 must include a stipulated notice period for cancellation of the right or amendment of the conditions granting the right.

 

(5) The management authority may cancel an authorization granted in terms of regulation 16 and 17 in respect of the area or part thereof, if such area or part thereof is required for conservation purposes or for purposes approved by the management authority:

 

(6) A management authority may cancel an authorization granted in terms of regulation 16 and 17 if the conditions set by the management authority are not complied with by the relevant local community or the resource or any other component of the nature reserve is threatened.

 

(7) An authorised person may cause a holder of an authorization contemplated in regulation 16 or 17 to cease all activities immediately if the aforementioned holder of the right is found or deemed, to be in contravention of any conditions stipulated in the license, permit or written agreement.