Mountain Catchment Areas Act, 1970 (Act 63 of 1970)
Mountain Catchment Areas Act, 1970
Act 63 of 1970
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Published in South African Government Gazette no. 2858 on 7 October 1970
- Assented to on 23 September 1970
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Commenced on 7 October 1970
- [This is the version of this document from 1 August 1978 and includes any amendments published up to 6 October 2022.]
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[Amended by Native Laws Amendment Proclamation, 1979 (Proclamation AG3 of 1979) on 1 August 1978]
In this Act, unless the context otherwise indicates -“advisory committee” means any advisory committee established under section 6;“department” means the Department of Forestry;“direction” means any direction declared applicable with reference to land situated in a mountain catchment area under this Act;“fire-belt” means any strip of land, whether under trees or not, which has been cleared of inflammable matter to prevent veld or forest fires or the spread thereof;“fire protection plan” means any fire protection plan which is in operation under section 8;“local authority” means any institution or body contemplated in section 84(1)(f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961);[The Republic of South Africa Constitution Act 32 of 1961 was South Africa's constitution from 1961 to 1984. Although this Act had implications for South-West Africa, it does not appear to have been directly applicable as a law of South West Africa. It was repealed on 3 September 1984 by the Republic of South Africa Constitution Act, 1983, although some provisions relating to provincial government were retained under the new name of the Provincial Government Act 32 of 1961. Local authorities in Namibia are governed by the Local Authorities Act 23 of 1992.]“Minister” means the Minister of Forestry;“mountain catchment area” means any area declared under section 2 to be a mountain catchment area;“occupier”, in relation to land, means any person who as owner, lessee or otherwise has the management, charge, control or use of any land, whether he resides on that land or not, and includes any person who has a right of cutting trees or wood on any land or of removing trees or wood from any land, and in relation to land under the control of a local authority, that local authority, but does not include any person who as a labour tenant, squatter or servant, as defined in section 49 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936), or as “bywoner” or “deelsaaier” is in occupation or has the use of any land;[The definition of “occupier” is amended by AG 3 of 1979. The Development Trust and Land Act 18 of 1936 was repealed by the Communal Land Reform Act 5 of 2002.]“owner”, in relation to any land, means -(a)the person in whose name the land is registered or, if such person is absent from the Republic or his whereabouts are unknown, his authorized representative in the Republic;(b)in the case of State land leased under a lease which contains an option in favour of the lessee to purchase the land so leased, the lessee who has exercised his option to purchase the land;(c)in the case of State land acquired by purchase but in respect of which title has not yet been given to the purchaser, such purchaser;(d)in the case of land under the control of a local authority, that local authority;(e)in the case of land vested in the South African Development Trust, established by section 4 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936), the said Development Trust;[Paragraph (e) is amended by AG 3 of 1979. The Development Trust and Land Act 18 of 1936 was repealed by the Communal Land Reform Act 5 of 2002.]“prescribed” means prescribed by regulation;“regulation” means any regulation made under this Act;“Secretary” means the Secretary for Forestry. The Minister may by notice in the Gazette define any area and declare that area to be a mountain catchment area and may from time to time by like notice alter the boundaries of any mountain catchment area or withdraw any notice whereby a mountain catchment area was established.[If amendments made to the Act in South Africa prior to the date of transfer were in fact applicable to South West Africa, then Act 41 of 1976 inserts the following section after section 2:][2A. “Beacons][(1) The Secretary may, for the purposes of the definition of any area by the Minister under section 2, cause beacons to be erected on the land concerned at places designated by the Minister.][(2) A certificate purporting to be signed by the Secretary, in which it is stated that a beacon which has been erected under subsection (1) complies with the regulations and has been erected at a place designated by the Minister, shall on its mere production in any civil or criminal proceedings be prima facie proof that such beacon complies with the regulations and has been erected at a place so designated.”] The Minister may, if he deems fit, by notice in the Gazette establish a fire protection committee in respect of any mountain catchment area, and may by like notice withdraw any notice whereby a fire protection committee was established. Provided that a fire protection plan shall not contain provisions which are inconsistent with the provisions of the Forest Act, 1968 (Act No. 72 of 1968).[The Forest Act 72 of 1968 has been replaced by the Forest Act 12 of 2001.] The Secretary may from time to time after consultation with the advisory committee concerned, and the fire protection committee concerned (if there is one), by notice in the Gazette amend the provisions of any fire protection plan: Provided that the Minister shall cause particulars of any such amendment to be published by notice in the Gazette at least one month prior to the date upon which such amendments are to come into operation. The Minister may, in consultation with the Minister of Finance, from moneys appropriated by Parliament for the purpose, and subject to such conditions as he may determine, render financial aid by way of grants or otherwise - [If amendments made to the Act in South Africa prior to the date of transfer were in fact applicable to South West Africa, then Act 41 of 1976 inserts subsection (3) as follows:][“(3) Any person duly authorized thereto by the Secretary may enter upon any land at all reasonable times, subject to prior notification of the landowner, occupier or manager concerned, and shall for that purpose have right of way over any other land, with such equipment and number of assistants as are required for the performance on that land of any act connected with -][(a) the exercise by the Minister of any power conferred on him in terms of section 2 or 2A;][(b) the exercise by the Secretary of any power conferred on him in terms of section 2A; and][(c) the construction, erection, marking, maintenance and repair of any beacon referred to in section 2A(1).”] The Minister may, from moneys appropriated by Parliament for the purpose, perform or cause to be performed on any land situated in a mountain catchment area any act which he deems necessary in order to achieve any object of this Act, including any act which has been ordered in terms of any direction or any provision of any fire protection plan, and shall for that purpose also have the powers conferred by section 11 on persons mentioned in that section. [If amendments made to the Act in South Africa prior to the date of transfer were in fact applicable to South West Africa, then Act 41 of 1976 inserts paragraph (cA) as follows:][“(cA) the form and dimensions of beacons referred to in section 2A(1), and the manner of their construction, erection, marking for identification, maintenance and repair;”] Any person who - [If amendments made to the Act in South Africa prior to the date of transfer were in fact applicable to South West Africa, then Act 41 of 1976 deletes the word “or” at the end of paragraph (d) and inserts paragraph (f) as follows:][“(f) alters, moves, disturbs or wilfully damages or destroys any beacon erected under section 2A(1),”]shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. Service of any notice under this Act may be effected– Notwithstanding anything to the contrary in any other law contained, a magistrate’s court shall have jurisdiction to impose any penalty prescribed by this Act. The Minister or the Secretary, as the case may be, may delegate to any officer in any department of State all or any of the powers conferred upon him by this Act, other than the powers referred to in sections 2 and 13.[If amendments made to the Act in South Africa prior to the date of transfer were in fact applicable to South West Africa, then Act 41 of 1976 substitutes section 17 as follows:][“17. The Minister or the Secretary, as the case may be, may delegate to any officer in any department of State all or any of the powers conferred upon him by this Act, other than the powers referred to in sections 2, 2A and 13.”] The State, the Minister, any officer in any department of State or any member of any advisory committee or fire protection committee or any person authorized under this Act, shall not be liable in respect of anything done in good faith under the provisions of this Act. This Act shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel. This Act shall be called the Mountain Catchment Areas Act, 1970.1. Definitions
2. Declaration of mountain catchment areas
3. Power of Minister to declare directions applicable with reference to land in mountain catchment areas
4. Compensation payable in respect of patrimonial loss caused by complying with directions
5. Exemption of certain land situated in mountain catchment areas from certain taxes
6. Advisory committees
7. Establishment of fire protection committees
8. Fire protection plans
9. Secretary may amend fire protection plans
10. Minister may render financial aid
11. Right of entry on or way over land
12. Minister may perform certain acts
13. Regulations
14. Penalties
15. Service of notices
16. Jurisdiction of magistrate’s court
17. Delegation of powers
18. Limitation on liability of State, Minister, etc.
19. Application of Act in South-West Africa
20. Transitional provisions
21. Short title