| (1) |
For the purposes of this section, "owner" means— |
| (b) |
where the registered owner has transferred control of the forest management unit in question to another person or organ of State, whether by way of assignment, delegation, contract or otherwise, that person or organ of State. |
| (2) |
If the Minister is of the opinion that urgent steps are required to— |
| (a) |
prevent the deforestation or further deforestation of; or |
a natural forest or a woodland which is threatened with deforestation, or is being or has been deforested, he or she may declare it a controlled forest area.
| (3) |
The Minister declares a controlled forest area by publication of a notice in two newspapers circulating in, and by airing it on two radio stations broadcasting to, the vicinity— |
| (a) |
recording his or her decision; |
| (b) |
stating a fixed time period for which the declaration is effective; |
| (d) |
identifying the activities which are or become prohibited in the area in terms of subsection (4); |
| (e) |
identifying the steps to be taken in terms of subsection (4)(e) and, if applicable, subsection (4)(f) to prevent or remedy deforestation. |
| (4) |
The Minister may, in the notice referred to in subsection (3)— |
| (a) |
stop any persons wishing to exercise the right of access referred to in section 19 from entering the area; |
| (c) |
prohibit any other activity which may cause deforestation or prevent rehabilitation; |
| (d) |
suspend licences issued under this Act in respect of the area; |
| (e) |
require the owner to take specified steps to prevent deforestation or rehabilitate the natural forest or woodland; and |
| (f) |
require the owner to submit and comply with a sustainable forest management plan for the area. |
| (5) |
The notice is effective from the date of its publication in the newspapers and airing on the radio stations referred to in subsection (3). |
| (6) |
The Minister may extend the period for which the notice is effective. |
| (7) |
The Minister must cause copies of the notice to be— |
| (a) |
a delivered to the owner, the holders of any licences granted under this Act in respect of the area and any other interested persons known to the Minister; and |
| (b) |
published in the Gazette. |
| (8) |
The Minister may conduct the hearings required by the duty to proceed fairly in declaring a controlled forest area, in a way which is commensurate with the urgency of the situation. |
| (9) |
The Minister may, instead of or in addition to declaring a controlled forest area, enter into an agreement with the owner and any other interested persons which— |
| (a) |
describes the steps to be taken to prevent deforestation or to rehabilitate the natural forest or woodland; |
| (b) |
allocates responsibility for the management of the area; |
| (c) |
adopts a sustainable forest management plan for the area; and |
| (d) |
records any assistance the Minister will give to enable the owner to comply with the agreement. |
| (10) |
In the absence of an agreement, the Minister may authorise officials of the Department or any other person to take the steps necessary to prevent deforestation or to rehabilitate the forest or woodland in a controlled forest area. |
| (11) |
Any official of the Department or other person authorised by the Minister has reasonable access to the area for purposes of giving effect to this section. |
| (12) |
The Minister may grant financial or other assistance to the owner to enable him or her to comply with any duty imposed in terms of this section. |
Older Persons Act, 2006
