[Section 7 heading substituted by section 3(a) of the National Forests Amendment Act, 2022 (Act No. 1 of 2022), Notice No. 1131, GG46650, dated 1 July 2022 - effective 4 December 2024 per Commencement Proclamation 233 of 2024]
| (a) |
cut, disturb, damage, or destroy any indigenous tree or any other indigenous vegetation in a natural forest; |
| (b) |
possess, collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any tree, forest product derived from a tree contemplated in paragraph (a), other indigenous vegetation or any forest product derived from vegetation contemplated in paragraph (a), |
| (i) |
a licence issued tinder subsection (4) or section 23; or |
| (ii) |
an exemption from the provisions of this subsection published by the Minister in the Gazette on the advice of the Council. |
[Section 7(1)(a) and (b) substituted by section 3(b) of the National Forests Amendment Act, 2022 (Act No. 1 of 2022), Notice No. 1131, GG46650, dated 1 July 2022 - effective 4 December 2024 per Commencement Proclamation 233 of 2024]
| (2) |
The Minister may declare to be a natural forest a group of indigenous trees— |
| (a) |
whose crowns are not largely contiguous; or |
| (b) |
where there is doubt as to whether or not their crowns are largely contiguous, |
if he or she is of the opinion, based on scientific advice, that the trees make up a forest which needs to be protected in terms of this Part.
| (3) |
The Minister declares a forest to be a natural forest by— |
| (a) |
publishing a notice in the Gazette; |
| (b) |
publishing a notice in two newspapers circulating in the area; and |
| (c) |
airing a notice on two radio stations broadcasting to the area. |
| (4) |
The Minister may license one or more of the activities referred to in paragraph (a) or (b) of subsection (12). |
| (5) |
If a person is in breach of subsection 1(a), the Minister may, by written notice— |
| (a) |
inform that person of the— |
| (i) |
nature of the alleged breach; |
| (ii) |
steps which the person must take to prevent or to redress the said breach; and |
| (iii) |
period within which he or she must take the steps referred to in paragraph (ii); and |
| (i) |
direct the said person to take the steps referred to in subsection (5)(a)(ii) to prevent further damage or to redress the said breach; and |
| (ii) |
determine the period within which he or she must take the steps referred to in subparagraph (i). |
[Section 7(5) inserted by section 3(c) of the National Forests Amendment Act, 2022 (Act No. 1 of 2022), Notice No. 1131, GG46650, dated 1 July 2022 - effective 4 December 2024 per Commencement Proclamation 233 of 2024]
| (6) |
If the person fails to comply with the directive within the period determined under subsection (5)(b)(ii), the Minister may— |
| (i) |
take reasonable steps to remedy the situation; |
| (ii) |
recover consequential damage or costs from the person concerned; and |
| (iii) |
approach a competent court for relief. |
[Section 7(6) inserted by section 3(c) of the National Forests Amendment Act, 2022 (Act No. 1 of 2022), Notice No. 1131, GG46650, dated 1 July 2022 - effective 4 December 2024 per Commencement Proclamation 233 of 2024]
Trade Marks Act, 1993
