NATIONAL FORESTS ACT 1998

(Act No 84 of 1998)

Portfolio Committee Legislative Review

Hearings20 August 2008

PREAMBLE• Everyone has the constitutional right to have the

environment protected for the benefit of present and future generations;

• Natural forests and woodlands form an important part of the environment and need to be conserved and developed according to the principles of sustainable management;

• Plantation forests play an important role in the economy;

• Plantation forests have an impact on the environment and need to be managed appropriately;

• The State’s role in forestry needs to change; and• The economic, social and environmental benefits of

forestry have been distributed unfairly in the past.

WHITE PAPER ON SUSTAINABLE FOREST DEVELOPMENT IN SOUTH

AFRICA, 1996• Restructuring the forestry function in Government;• Reforming the Forestry Act (1984);• Establishing the National Forestry Advisory Council (NFAC) and its

structures and procedures;• Completing the national strategy for sustainable forest

development, including a programme for greening of the environment;

• Achieving significant progress in domestic beneficiation of products;• Creating capacity & Initiating community forestry projects;• Establishing systems to take stock of the sector (inventory,

monitoring and evaluation);• Cooperating with neighbours in SADC in developing a regional

forestry action plan & concluding all agreements with neighbours on bilateral relations; and

• Taking cognizance of international forestry conventions and implementing appropriate provisions in South Africa .

NFA PROVISIONS – Chapter 1 & 2Chapter 1:

Introductory ProvisionsThis chapter sets out the purposes for which this Act is passed. It defines important words and terms used in the act and guides its interpretation

Chapter 2:Sustainable Forest ManagementThe purpose of this chapter is to promote the sustainable management of forests

Part 1 – ManagementPart 2 – Research, Monitoring & Reporting

NFA PROVISIONS – Chapter 2 (I/III)Chapter 2: SFM

Part 1Management - Lists principles of sustainable forest management, which apply to all official decisions affecting forests, whether in terms of the Act or other laws. The Minister is given the power to:•Set criteria, indicators and standards for assessing and enforcing sustainable forest management; and•Create incentives to manage forests sustainably, on the advice of the Committee for Sustainable Forest Management

NFA PROVISIONS – Chapter 2 (II/III)

Chapter 2: SFM

Part 2Research, monitoring and reportingObliges the Minister to see that relevant research

is done and to monitor the management of forests. The Minister must report to Parliament at least every three years on the results of the monitoring

NFA PROVISIONS – Chapter 2 (III/III)Progress - Part 1 & 2

Part 1 Management• The Department has developed Criteria and Indicators of

SFM and have gazetted the document for public comment• The Department is using the Criteria and Indicators as a

framework to assess the management of State forests• The C&I will also be used to monitor the management of

State forests delegated or assigned to other environmental institutions

Part 2Research, monitoring and reporting• State of the Forest Report (2006) submitted to Parliament

in 2007• STI Plan, incl. Draft Research & Development Strategy

developed

NFA PROVISIONS - Chapter 3 (I/IV)Chapter 3:

Special Measures to Protect Forests and Trees

Part 1Prohibition of destruction of natural forestsPart 1 prohibits the destruction of indigenous trees in any natural forest without a licence

Part 2Protected AreasPart 2 allows the Minister to declare certain forests as protected forest areas

NFA PROVISIONS - Chapter 3 (II/IV)Chapter 3:

Special Measures to Protect Forests and Trees

Part 3Protection of TreesPart 3 allows the Minister to declare a tree, a group of trees, a woodland or a certain species of trees as protected. An emergency procedure is included to protect trees threatened with immediate harm.

Part 4Measures to Control and Remedy DeforestationPart 4 gives the Minister powers to intervene to prevent deforestation and to rehabilitate deforested areas. It also provides for the Minister to enter into an agreement with the owner to remedy the situation.

NFA PROVISIONS - Chapter 3 (III/IV)Chapter 3:

Progress – Part 1 & 2Part 1Prohibition of destruction of natural forests• General prohibition – license required• License business process established and

implemented• Exemptions published in the Government Gazette• List of areas deemed to be natural forests published in

government gazette

Part 2Protected Areas• The Department has gazetted its intention to declare

two different areas as Protected areas:•Kathu Protected woodland (Northern Cape)•De Hoop Protected Area (Limpopo)

NFA PROVISIONS - Chapter 3 (IV/IV)Chapter 3:

Progress - Part 3 & 4Part 3Protection of Trees• The Department has gazetted a National List of

Protected Tree Species & Champion trees• This list is reviewed and gazetted annually

Part 4Measures to Control and Remedy DeforestationEnabling provision – no need to use this up to date

NFA PROVISIONS – Chapter 4 (I/IV)Chapter 4:

Use of ForestsThis chapter regulates a wide range of uses of primarily

State Forests, ranging from recreational use to commercial and community forestry.

Part 1Access for recreation and related purposes

Part 1 sets out the right of everyone to have access to State Forests for the purpose of recreation, education, culture or spiritual fulfilment. This right may be restricted. The Minister, in his or her capacity as trustee of the National Forest Recreation and Access Trust, may also take steps to promote the voluntary grant of access to forests that are outside State control. Limited provision is also made for financial assistance for owners and compensation if they suffer any damage as result of allowing access.

Chapter 4 Use of Forests

Part 2Vesting and granting of rights to use State ForestsPart 2 vests the right to use and manage State forests and forest produce in them in the State, represented by the Minister. It provides for the transfer of rights in State forests by way of licences, servitudes, lease agreements and agreements to sell forest produce. A provision is included to avoid conflicting rights in State forests (DLA).

Part 3Community forestryPart 3 allows communities that wish to engage in community forestry to enter into agreement with the Minister. The procedure for the entering into, and the minimum requirements for the content of, such an agreement are set out. The Minister may make financial or other assistance available for community forestry and certain other forms of forestry.

NFA PROVISIONS – Chapter 4 (II/IV)

Chapter 4 - Use of ForestsProgress – Part 1 & 2 Part 1 Access for recreation & related purposes

• Guidelines (“rules”) and maps for all State Forests

Part 2Vesting and granting of rights to use State Forests

• License required to carry out specific activities • Lease agreements (4 agreements in place, i.e. Singisi

Forest, Amathole Forest, Mountain to Ocean, Siyaqhubeka)

• Agreement must be obtain from DLA, DPW, Ingonyama Trust

• Department in process to establish Trust to manage lease rental money

NFA PROVISIONS – Chapter 4 (III/IV)

Chapter 4 - Use of ForestsProgress – Part 3 Part 3Community forestry

• The Department has developed a Model Constitution and format for Community Forestry Agreements to assist communities

• This document can be used by communities who wish to enter into management agreements with the Minister, on State forest land

• The document defines all the relevant information that is required to conclude an agreement and the various legal mechanisms available to communities to achieve this

NFA PROVISIONS – Chapter 4 (IV/IV)

NFA PROVISIONS - Chapter 5 (I/III)Chapter 5:

InstitutionsThe various institutions that play a part in making the Act functional are dealt with in this Chapter

Part 1National Forests Advisory CouncilPart 1 deals with the establishment, objects, constitution, meetings, staffing and funding of the council. It advises the Minister on all aspects of forestry in the Republic. The council must establish the Committee for Sustainable Forest Management and the Committee on Forest Access.

Chapter 5:Institutions

Part 2National Forest Recreation and Access Trust

Part 2 deals with the establishment of the National Forest Recreation and Access Trust, to promote access to and the use of forests for recreation, education, culture or spiritual fulfilment.

Part 3Panel of facilitators, mediators and arbitrators

Part 3 gives the Minister the power to establish a panel from which facilitators, mediators and arbitrators may be selected for purposes of dispute resolution.

NFA PROVISIONS - Chapter 5 (II/III)

Chapter 5 -Institutions

Progress – Part 1, 2 & 3Part 1National Forests Advisory CouncilCouncil & Committees established

Part 2 National Forest Recreation and Access Trust

• 1999/2000 financial year - National Hiking Way Fund dissolved & amount of R1 669 293 was transferred from the fund to the trust

• Trust established and NFAC submitted proposals to the Minister relating to possible projects

• Balance as at 31 March 2008 = R3 784 688

Part 3Panel of facilitators, mediators and arbitratorsEnabling provision

NFA PROVISIONS - Chapter 5 (III/III)

NFA PROVISIONS – Chapter 6 (I/II)Chapter 6:

Administration of the Act

Part 1General Powers and Duties of the Minister

Part 1 deals with the general powers and duties of the Minister. The Minister must develop and implement a policy for forests and their management and may, amongst other things: -• Assign, and withdraw the assignment of, certain powers and

duties;• Delegate certain powers and duties

• Expropriate property for forestry• Reserve State land for forestry

• Make regulationsPart 2General powers and duties of Director-General

Part 2 deals with the general powers and duties of the Director-General. He or she may delegate certain powers and duties

Chapter 6:Administration of the Act

Progress:• The Minister has delegated certain State forests to National

Department of Environmental Affairs and Tourism (SANParks in Western Cape)

• The Department is currently involved in negotiating a process to assign State forests to other Provincial agencies, i.e. Mpumalanga Parks Board & KwaZulu Natal Department of Agriculture and Environment

• Currently the regulations from the Forest Act of 1984 are still in effect - These regulations do not conflict with the provisions of the National Forests Act of 1998

• New regulations have, however, been drafted and are currently with the Minister for approval

• The new regulations are expected to be published in the government gazette in the coming month

NFA PROVISIONS – Chapter 6 (II/II)

Chapter 7: Offences and PenaltiesPart 1 – SentencingPart 2 – Offences

Chapter 8:EnforcementThis chapter provides for the appointment of forest officers

and sets out their powers to police the provisions of this Act effectively

Progress• Forest Officers responsible for enforcement of the Act appointed• Policy on Compliance and Enforcement of the Acts developed as

well as an Implementation Plan• The Department has also recently investigated the feasibility of

establishing an enforcement unit within the Department and is considering various institutional options

NFA PROVISIONS – Chapter 7 & 8

Chapter 9:General and Transitional ProvisionsThis chapter deals primarily with the transition to a new

legal order with regard to forests. Miscellaneous items which need to be regulated are also dealt with here

Schedule 1The schedule contains a list of all the previous acts and when and to what extent they are repealed.

Schedule 2Amendments to Act 51 of 1994 and a list of the laws repealed by section (1)

Schedule 3The extension of application of certain laws by section 2

NFA PROVISIONS – Chapter 9 & Schedules

REVIEW OF NFADepartment considering possible amendments to

NFA – still to be considered by the Minister:• Definition of Natural Forests, Woodland – clear &

inclusive• Promotion & enforcement of SFM – provision to publish

C,I & S in the gazette, but only regulate standards & breach of standard regarded as offence. Focus on certification

• Protection of trees – publication in gazette amended from annually to 5 years

• Measure to control & remedy deforestation – Include emergency provision

• Administration – bring assignment provision in line with the Constitution

• Enforcement – provide for Minister to issue a Directive; prescribe qualifications for Forest Officers; publish list of admission of guilt fines