Intellectual Property Rights from Publicly Financed Research and
R 385
National Forests Act, 1998 (Act No. 84 of 1998)Chapter 3 : Special Measures to Protect Forests and TreesPart 3 : Protection of trees13. Normal procedure for declaring protected trees |
| (1) | Except in the circumstances referred to in section 14, the Minister must, before making a declaration under section 12— |
| (a) | give notice of the proposal to protect a tree, group of trees, woodland or species and invite comments and objections within a specified period; and |
| (b) | consider the comments and objections received in response to the notice. |
| (2) | The Minister must— |
| (a) | publish the notice referred to in subsection (1) in the Gazette and in two newspapers circulating in, and air it on two radio stations broadcasting to— |
| (i) | the vicinity, in the case of a particular tree or group of trees or woodland; |
| (ii) | the entire country, in the case of a species; and |
| (b) | deliver the notice to— |
| (i) | the persons and bodies referred to in section 9(2)(b), in the case of a particular tree or group of trees or woodland; |
| (ii) | the bodies referred to in subparagraphs (i) and (ii) of section 9(2)(b), in the case of a species. |
| (3) | After deciding to make a declaration the Minister must publish a notice in the media referred to in subsection (2)(a)— |
| (a) | recording his or her decision; and |
| (b) | identifying the particular tree or group of trees or woodland or species to be protected. |
