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

Chapter 4 : Use of Forests

Part 3 : Community forestry

31. Content of community forestry agreements

 

(1) A community forestry agreement must—
(a) not discriminate unfairly;
(b) identify the management powers delegated to the community or communities and those retained by the Minister;
(c) identify accurately the area of forest subject to the agreement;
(d) identify the licensed activities which the community or communities intend carrying on;
(e) regulate the use and the management of the forest in a way which is sustainable;
(f) identify the duties of the various parties in terms of the agreement, including payments to be made by any party;
(g) prohibit the parties to the agreement from transferring their rights under the agreement in any way without the consent of the Minister;
(h) provide for dispute resolution through informal mediation or arbitration, whether by a member of the panel referred to in section 45 or otherwise; and
(i) provide for remedial measures, including the suspension or cancellation of the community forestry agreement, in the event of a breach.

 

(2) A community forestry agreement may—
(a) rename the forest;
(b) be indefinite or for a fixed period;
(c) oblige a community to reconstitute itself or make a lawful amendment to its constitution;
(d) require the community or communities to lodge and comply with a sustainable forest management plan which is acceptable to the Minister;
(e) include as a party a person who is not a community or a member of the community and who wishes to conduct forestry for commercial, environmental or other purposes;
(f) provide for the management of a protected area;
(g) oblige the community to perform the State's obligations to supply forest produce from that State forest;
(h) provide that a community need not pay rental or similar compensation for the rights ranted to it, if this is fair having regard to—
(i) the community's historical association with the land on which the forest is situated; or
(ii) the economic circumstances of the community;
(i) exchange a right in terms of the Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996), for a right in the agreement; and
(j) deal with such other matters as may be prescribed or as the parties consider appropriate.