| (1) |
For the purposes of this section, "owner" means any person or organ of State to whom control of the forest management unit in question has been transferred, whether by way of assignment, delegation, contract or otherwise. |
| (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. |
Older Persons Act, 2006
