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National Forests Act, 1998 (Act No. 84 of 1998)

Chapter 4 : Use of Forests

Part 2 : Vesting and granting of rights to use State forests

22. Vesting of rights

 

(1) The rights to—
(a) the use, management, control and operation of; and
(b) the forest produce in,

State forests, vest in the national executive of the Republic, represented by the Minister, despite any other law but subject to—

(ii) an order of the Land Claims Court restoring or granting rights in a State forest to a claimant in terms of section 35(1) of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994); and
(iii) rights protected in terms of the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996).

 

(2)        The Minister, the Director-General or an arbitrator, as the case may be, may not—

(a) make or change a designation or rules under section 11(2)(b) or 20(6);
(b) make a ruling in terms of section 20(10);
(c) grant a licence under section 23;
(d) grant a servitude under section 26; or
(e) enter into an agreement under section 27, 28 or 30,

if doing so conflicts with an existing right under a licence, servitude or agreement referred to in this Chapter or section 77(2) and the persons affected have not consented.