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LEGISLATION: The National Trust Commission Act, 1972 (Amended K.O-I-C 22/1973)

(CONTENTS)  (PART I)  (PART II)  (PART III)  (PART IV)  (PART V)  (PART VI)  (PART VII)

An Act to provide for the operation of cultural institutions and the proclamation of national parks, monuments and matters incidental thereto.

PART I

PRELIMINARY

Short title.

1. This Act may be cited as the National Trust Commission Act, 1972.

Interpretation.

2. (1) In this Act, unless the context otherwise requires -

"animal" means any vertebrate member of the animal kingdom other than a human being, an animal of a usually domseticated species or a fish, and includes the eggs of birds and reptiles; (Amended K.O-I-C. 22/1973)

"antique" means an object proclaimed as such under section 26;

"chief executive officer" means the chief executive officer of the Commission appointed under section 7;

"Commission" means the Swaziland National Trust Commission established in terms of section 3;

"curator" means a person appointed to be in charge of a declared institution under section 11;

"declared institution" means an institution proclaimed as such under section 10 and includes the Swaziland National Centre;

"director" means the person appointed as director of national parks under section 18;

"hunt", with reference to an animal, means to kill, shoot at, capture or attempt to capture, or to follow or search for or liein wait for with intent to kill, shoot or capture, or wilfully to disturb;

"institution" means any art gallery, library, museum, zoological or botanical garden, or other scientific or cultural institution deemed by the Minister to be of a similar character;

"Minister" means the Deputy Prime Minister;

"monument" means an area or object proclaimed as such by the Minister under section 26 and where appropriate includes relics and antiques;

"national park" or "park" means a national park established under section 12 on land which does not include private land which is under the management and control of the Commission for the objects described in section 15; (Added K.O-I-C. 22/1973)

"nature reserve" or "reserve" means a nature reserve established under section 12 on land which may include private land and in respect of which management and control by the Commission are subject to certain private property rights or limitations or restrictions imposed by the Ngwenyama in terms of this Act; (Added K.O-I-C. 22/1973)

"owner" in relation to land means a person who has title thereto and any person who has any right or interest in such land;

"park" means a national park established under section 12;

"park official" means any person, other than a park warden, who is employed by the Commission in a national park or nature reserve; (Added K.O-I-C. 22/1973)

"park warden" means the director of national parks and any person appointed as a park warden by the Commission by notice in the Gazette; (Added K.O-I-C. 22/1973)

"poison" means any chemical or other substance, whether solid, liquid or gas, which is capable of killing, injuring or stupefying vertebrate or invertebrate animals or fish, by contact or ingestion or of destroying vegetation, aned includes such substances as insecticides, arboricides, herbicides and cattle dipping compounds; (Added K.O-I-C. 22/1973)

"private land" means any land that is not Swazi Nation Land or owned, possessed or occupied by the Government; (Added K.O-I-C. 22/1973)

"property" includes any interest in or right over immovable property;

"relic" means an object proclaimed as such under section 26;

"Swaziland National Centre" means the institution established under section 9;

"trap" means any device, including a snare and bird lime, by means of which an animal can be captured whether dead or alive; (Amended K.O-I-C. 22/1973)

"tree" means a perennial plant having a self-supporting woody main stem or trunk and growing to a height of not less than five feet, but does not include bushes or shrubs;

"weapon" means any fire-arm or ammunition for a fire-arm or any other instrument by means of which a projectile can be propelled, or which can be propelled or used in such a manner that any animal can be killed or injured thereby.

Non-Applicability of Act to certain Land.

2. (2) Subject to the proviso to section 27(a) this Act shall not apply to such land as is sacred or has special significance according to Swazi law and custom:

Provided that in the event of any doubt as to whether such land is sacred or has such special significance, the Minister shall obtain the decision of the Ngewnyama in writing, and such decision shall be final and binding on all persons concerned.

(CONTENTS)  (PART I)  (PART II)  (PART III)  (PART IV)  (PART V)  (PART VI)  (PART VII)




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SNTC Headquarters: Parliament Road. P O Box 100, Lobamba, Swaziland. Tel: (+268) 2416 1516, 2416 1489, 2416 1179. Fax: (+268) 2416 1875, 2416 1480. Email: info@sntc.org.sz
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Cell: 7660 6755
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Mantenga Nature Reserve:
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2416 1178, Fax: 2416 1480
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Mlawula Nature Reserve:
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