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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 7 : Use of Water Area in a Nature Reserve

39. Buildings and improvements

 

(1) Written authorization of the management authority, for any development in a nature reserve is subject to prior environmental authorization in terms of section 24 of the National Environmental Management Act, 1998.

 

(2) No person in a nature reserve may, without the prior written authorization of a management authority, erect, construct or transform or cause to be erected, constructed or transformed any building or any other improvement, including but not limited, to a building or structure of any kind, jetty, dock, pier, landing stage, landing, float, marker, anchor bouy, raft, fence or any obstruction, bridge, pontoon, road or crossing in respect of a building or other immovable property.

 

(3) Any person who has applied in terms of subregulation (2) for the erection of a building or any other improvement in respect of a building or other immovable property must, if required to do so by the management authority—
(a) in the case where prior environmental authorisation in terms of section 24 of National Environmental Management Act, 1998 is not required in terms of any law, employ an independent environmental consultant to conduct an assessment of the proposed erection or improvement in compliance with the minimum requirements set by the Act, or other applicable legislation, and to submit the findings of the assessment to the management authority;
(b) in instances where prior environmental authorisation in terms of section 24 of National Environmental Management Act, 1998 is compulsory, provide the management authority with such environmental authorisation before the management authority considers the application.