| (3) |
The owner must prepare a map showing the areas designated and a set of written rules which regulate access and which may provide for— |
| (a) |
Payment to the owner of a reasonable fee for the map, the use of facilities and the provision of any services; and |
| (b) |
reasonable restrictions on access, including, but not limited to— |
| (i) |
limitations on the number of people allowed in the forest at any one time; |
| (ii) |
restrictions on the mode of transport in a forest; |
| (iii) |
restrictions to prevent fires; |
| (iv) |
provision for closure of forests for specific periods; |
| (v) |
restrictions to prevent harm to any person or property; |
| (vi) |
restrictions in a plantation to ensure that its proper management for commercial purposes is not frustrated; |
| (vii) |
restrictions in a protected area to ensure that the purposes for which the area was declared as such, are not frustrated; and |
| (viii) |
different restrictions for different forest types. |
| (4) |
In a protected area, the map and rules may be incorporated in the rules referred to in section 11(2)(b). |
| (a) |
The owner must submit the rules to the Director-General within six months of the promulgation of this Act. |
| (b) |
Until the map and rules are made, access to any State forest for recreation, education, culture or spiritual fulfilment is regulated as if this Act has not come into force. |
| (6) |
The Director-General— |
| (a) |
may change the designated area and the rules; |
| (b) |
must, where the owner fails to designate an area or make rules within the six month period, designate such an area, prepare a map and make such rules; and |
| (c) |
must designate an area for public access and prepare a map and rules as set out in subsection (3), where control of a forest management unit has not been transferred as referred to in subsection (1). |
| (a) |
An owner who objects to— |
| (i) |
a change by, or to rules made by the Director-General in terms of subsection (6); or |
| (ii) |
the way in which the public or members of the public exercise their right of access; and |
| (b) |
a member of the public who objects to— |
| (i) |
the designation or the rules; |
| (ii) |
the fee charged for the map, facilities or services; or |
| (iii) |
any conduct of the owner in relation to his or her right of access, |
may lodge a written objection with the Director-General.
| (8) |
The Director-General may convene a meeting of the interested parties to reach an agreement on the objection, or appoint a mediator acceptable to the interested parties from the panel referred to in section 45 to do so. |
| (9) |
If the matter is not resolved in terms of subsection (8), the Director-General must refer the matter to the Minister who must— |
| (a) |
rule on the objection; or |
| (b) |
appoint an arbitrator from the panel referred to in section 45 to do so. |
| (10) |
The ruling of the Minister or the arbitrator— |
| (a) |
may require the owner to change the designation or the rules; or |
| (b) |
may confirm the designation and rules as made by the owner; or |
| (c) |
may require the Director-General to change the designation or the rules made by him or her; and |
| (d) |
is final and binding on the interested parties, subject to the right to review of administrative action. |
| (11) |
The owner must make the map and rules available to any person exercising the right of access to the forest. |
| (12) |
If an owner wishes to amend the rules, he or she must lodge the amended rules with the Director-General, after which the procedure in subsections (6) to (10) applies again. |
| (13) |
Everyone is entitled to information from the Department regarding the right of access, including maps and rules, on payment of a reasonable fee set by the Director-General. |
Gold Membership
