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

PART IV

NATIONAL PARKS

Establishment and Areas of Parks and Reserves.

12 (1) Upon the recomendation of the Commission, the Minister may after consultation with the Prime Minister and subject to this Act, by notice in the Gazette, proclaim -

(a) as a national park, any area of land which does not include private land, or proclaim any such area to be part of an existing park;

(b) as a nature reserve, any area of land which may include private land, or proclaim any area of land to be part of an existing reserve:

Provided that the Commission shall -

(i) at least one month before making such recommendation in respect of private land, notify the owner thereof in writing that it proposes to make a recommendation, and

(ii) attempt to conclude an agreement with the owner prescribing the terms and conditions under which the owner would control, manage and maintain his land within the reserve for the objects described in section 15; and

(iii) in making its recommendation, submit proof to the Minister that the owner has received the required notice, and transmit to him any agreement that the Commission may have concluded with the owner or failing such agreement any objection which may have been lodged by the owner, or

(iv) in the event that the owner concerned cannot be traced after diligent search, in making its recommendation submit proof that the notice has been published in the Gazette and in a newspaper circulating in Swaziland.

(2) Notwithstanding subsection (1), the Minister shall not proclaim any Swazi Nation Land in terms of this section without first having obtained the written permission of the Ngwenyama who may therein impose such restrictions or limitations as he may deem fit.

(3) Upon the recommendation of the Commission, the Minister mayafter consultation with the Prime Minister by notice in the Gazette exclude any land from an area proclaimed to be a park or reserve in terms of subsection (1) or cancel a notice issued in terms of that subsection.

Noting of proclamation of national park in Deeds Office.

13. (1) When the Minister proposes to proclaim or has proclaimed a defined area to be a park or reserve or to increase or reduce the area of a park or reserve under section 12, he may cause beacons to be erected on the corners of the area and cause that area to be surveyed and a diagram thereof to be framed.

(2) When the Minister has proclaimed a defined area to be a park or reserve or has increased or reduced the area of a park or reserve under section 12, he shall furnish the Registrar of Deeds with a copy of the notice in the Gazette containing the proclamation, extension or reduction, and with a copy of any diagram of that area which may have been framed.

(3) The Registrar of Deeds shall endorse a reference to the said proclamation, extension or reduction, and to any such diagram upon the title deed of the land in question filed in his office and in the appropriate registers, and upon the owner's title deed as soon as it is lodged in his office for any reason.

Acquisition of private land in a park.

14. If the Minister proposes to proclaim a park or reserve under section 12, or if a reserve has already been so proclaimed, the Minister may acquire by purchase or otherwise or, failing agreement with the owner, by expropriation any property necessary for the purposes of proclaiming the park or reserve or of furthering the objects of the reserve.

Objects of parks and reserves.

15. The objects of the declaration of a park or reserve are -

(a) to promote and conserve indigenous animal and plant life and to eliminate non-indigenous animal and plant life within the area of a park or reserve;

(b) to collect together and restore to the park or reserve a representative selection of the animals and plants which are indigenous or are reasonably considered to have been indigenous to the area;

(c) to protect and preserve or to restore objects of geological, archaeological, historical, ethnological and other scientific interest in the park or reserve;

(d) to promote and protect the natural ecology and environment of the park or reserve;

(e) to provide facilities for scientific study and education;

(f) to promote public appreciation of the social, economic and moral value of nature conservation;

(g) without conflicting with the foregoing objects, to provide enjoyment to visitors to the park or reserve.

Functions and powers of the Commission in respect of parks and reserves.

16. (1) Subject to section 17 and to any agreement concluded in terms of section 12(1)(b)(ii), the Commission shall control, manage and maintain parks and reserves for the objects described in section 15.

(2) Subject to section 3(2) and to any agreement concluded in terms of section 12(1)(b)(ii), the Commission may within a park or reserve -

(a) construct such bridges, buildings, fences and dams, and carry out such other works as it may consider necessary for the control, management or maintenance of the park or reserve.

(b) take such steps as will ensure the preservation of the park or reserve and the indigenous animals and plants therein in a natural state;

(c) set aside areas as breeding places for animals or as nurseries for trees, shrubs, flowers and other plants;

(d) having regard to the objects described in section 15, provide accommodation, meals, refreshments and facilities inconnection therewith for visitors to the park or reserve, and carry on any business or trade or supply any other service for the convenience of visitors to the park or reserve;

(e) establish, erect, equip and maintain any building, structure, depot or premises required in connection with any matter referred to in paragraph (d), or otherwise permit the use or occupation of any site required for such purpose;

(f) make such charges in connection with any such matter as it may determine.

(3) Subject to any agreement concluded in terms of section 12(1)(b)(ii), the Commission may -

(a) on the recommendation of the director sell, exchange or donate specimens of the animals and plants of a park or reserve, and by purchase, exchange or otherwise acquire any animal or plant which the Commission may consider desirable to introduce into a park or reserve;

(b) grant exemption or partial exemption from payment of any or all of the charges determined under subsection (2) or the fees payable in terms of any regulation made under section 43 to members of the Commission and to any other person approved generally or specially by the Commission.

(4) The Commission may investigate the question whether or not it would be desirable to have any area proclaimed a park or reserve or included in a park or reserve and may, subject to section 12(1), make recommendations to the Minister accordingly.

(5) If any area of land in respect of which an investigation has been carried out in terms of subsection (4) is thereafter proclaimed to be a park or reserve or included in any park or reserve, anything done by the Commission withthe approval of the Minister in connection with the control, management or maintenance of such area as if it were a park or reserve before such proclamation shall be deemed to have been done after it.

Delegation of powers.

17. Upon the approval of the Minister the Commission may in respect of a particular park or reserve delegate to any person its powers in respect of sections 16(2) and (3), 19 and 20(2):

Provided that no such delegation shall relieve the Commission of its responsibility to ensure that each park and reserve is controlled, managed and maintained for the objects described in section 15.

The Director of national parks and his functions.

18. The Commission shall appoint a director of national parks whose functions shall be to carry out such duties and to exercise such powers as may be assigned to him by the Commission in respect of the national park or nature reserve.

Restriction on entry and fishing.

19. No person other than a park warden or park official in the execution of his duty shall enter or be found in a park or reserve, or fish or attempt to catch fish by any means in a park or reserve, without being in possession of a written permit issued by the Commission or the park warden responsible for the administration of the park or reserve or by a park official authorised by such park warden to issue such a permit, and then only subject to such conditions and may be endorsed on the permit:

Provided that this section shall not apply to any police, customs or excise officer entering a park or reserve or being found therein in the execution of his official duty.

Prohibition of certain acts in parks and reserves.

20. (1) Subject to subsection (2), no person other than a park warden or park official in the execution of his official duty shall -

(a) reside, camp or picnic in a park or reserve other than in places provided for such purposes;

(b) hunt or otherwise wilfully or negligently kill or injure any animal or take, damage or destroy any egg or nest of any bird, fish or reptile in a park or reserve;

(c) wilfully or negligently cause a veld fire or cut, damage or destroy any tree, plant or other vegetation in a park or reserve or pick any flower or remove seed from any such tree or plant;

(d) introduce into or be in possession of any weapon, explosive, trap or poison in a park or reserve;

(e) introduce any domestic animal or allow any domestic animal to stray into a park or reserve:

Provided that domestic animals may be driven or led under proper control along any route through a park or reserve that the Commission may designate for the purpose;

(f) introduce into a park or reserve any animal or plant of a species that is not indigenous to the area;

(g) cultivate any land in a park or reserve;

(h) remove from a park or reserve any seede, plant or animal, whether alive or dead, or any part of a plant or animal, or any fossil, stone, mineral or other natural object whatsoever, or any object of aesthetic, historical, archaeological, scientific, sacred or religious value or interest;

(i) dig or excavate any hole, pit or trench or otherwise interfere with the natural configuration of the land in a park or reserve, or alter the natural flow of water in a park or reserve;

(j) pollute any water in or flowing into a park or reserve, or use any insecticide, herbicide or other chemical or poison in such a way as to affect animal or plant life in a park or reserve;

(k) feed or wilfully molest or disturb any animal in a park or reserve;

(l) cut, carve, write on or otherwise deface any rock, building, notice board or other object, whether natural or otherwise, in a park or reserve, or damage any fence or wall inside or on the boundary of a park or reserve;

(m) discard any paper, wrapper, tin, bottle or any other litter in a park or reserve other than in receptacles provided for the purpose;

(n) fly any type of aircraft over a park or reserve at an altitude of less than 500 metres above ground level;

(o) fail to comply with the lawful order of a park warden or park official while in a park or reserve.

(2) Notwithstanding subsection (1), the Commission may, for scientific purposes or the improvement of the park or reserve or for other good and sufficient reason, authorise any person to do any act prohibited by this section.

(3) The Minister may by notice in the Gazette declare any road in a park o reserve to be a public road for the purposes of the Road Traffic Law, 1965 (No. 6 of 1965).

Rights of owners and occupiers of land in a reserve.

21. (1) Subject to subsection (2) and notwithstanding section 20, the owner of any private land falling within the boundary of a reserve, or, with such owner's consent, the occupier of such land, shall be entitled to continue in the use and enjoyment thereof.

(2) The owner or occupier of such land, as the case may be, shall not without the prior consent of the Commission -

(a) sell or lease such land or permit any portion of such land to be occupied without first having given a prior option to the Commission to purchase, lease or otherwise occupy such land on the same terms;

(b) construct any building, roads, dams or bridges;

(c) cause or allow any excavation or other material alteration of thenatural configuration of such land to be made;

(d) hunt or permit the hunting of any animal on such land;

(e) cut, damage or destroy or permit the cutting, damage or destroying on such land of any tree of a species that is indigenous to the area, or plant on such land any tree of a species that is not indigenous to the area;

(f) wilfully or negligently cause a veld fire on such land.

(3) If any private land falls within a nature reserve and is entirely surrounded by land which is within the reserve and is not private land, the Commission shall afford the owner of such land free access from outside the reserve to such land by a specified route or routes along which the prohibitions of sections 19 and 20 (d), (f) and (h) shall not apply.

(4) For the purposes of sections 19 and 20 (d), (e), (f), (h) and (j) the boundary within a nature reserve between private land and land which is not private land shall be regarded as the external boundary of the reserve.

(5) The owner of any riparian land in relation to a public stream, the bed or any part of the bed of which is included in a park or reserve shall have all such rights to use water from such stream as are permitted to him under the Water Act, No. 25 of 1967, and shall for the purpose of such use be entitled to construct, use and maintain any work which he would have been entitled to construct, use and maintain this Act had not been passed:

Provided that, if he constructs any such work which might facilitate the entry into or exit from the park or reserve of persons or animals (other than aquatic or amphibious animals), he shall take steps to prevent permanently such entry or exit:

And provided further, that if such owner fails to take such steps, the Commission may itself take such steps or cause them to be taken and recover the cost thereof from him.

(6) The expressions "riparian land" and "public stream" in subsection (5) have the respective meanins assigned thereto in section 2 of the Water Act, No. 25 of 1967.

Penalties.

22. (1) Any person contravening section 20(b) or (c) with reference to a veld fire shall be guilty of an offence and liable on conviction to a fine of one thousand rand or imprisonment for three years, or both.

(2) Subject to subsection (1), any person who contravenes this Part, including any regulation made for this Part under section 43, or who commits a breach of condition of any permit granted under this Part, or who obstructs any member of the Commission, the director or any officer or employee of the Commission in the execution of his functions or duties under this Part, shall be guilty of an offence and liable on conviction to a fine of two hundred rand or imprisonment for six months or both or in respect of a second or subsequent conviction under this section to a fine of four hundred rand or to inprisonment for twelve months, or both.

(3) Any weapon, explosive, trap or poison used in connection with a wilful contravention of section 20 shall, in addition to any other punishment which may be imposed under this section, be declared forfeited to the Government.

(4) Any vehicle, aircraft, vessel, animal, including a domestic animal, material or article used in connection with a wilful contravention of section 20 may be declared forfeited to the Government unless it is proved that the person convicted is not the owner of such vehicle, aircraft, vessel, animal, material or article and that the owner thereof could not have prevented its unlawful use by the person convicted.

Evidence.

23. (1) Any person found within a park or reserve while in possession of any weapon, explosive, trap or poison shall be presumed to be hunting within the park or reserve unless the contrary is proved.

(2) Any person found within a park or reserve and in possession of the carcass or any part of a freshly killed animal shall be presumed to have wilfully killed such animal within the park or reserve unless the contrary is proved.

(3) Whenever in any prosecution under this Part it is alleged in the charge that an offence has been committed in connection with or in respect of any animal or plant of the species stated in the charge, it shall be presumed that such animal or plant was of that species unless the contrary is proved.

(4) If in any prosecution it is alleged in the charge that an act which constitutes an offence under this Part has been committed within the boundaries of a park or reserve that act shall be presumed to have been committed within that park or reserve unless the contrary is proved.

(5) In any prosecution under this Part any record, book or document kept by a park warden or park official in the course of his duties shall on its production by any park warden or park official be prima facie proof of the facts recorded therein:

Provided that the court in which any such record, book or document is adduced in evidence, may in its discretion cause the person who made the entries therein to be summoned to give oral evidence in the proceedings in question.

Powers of park wardens and park officials.

24. (1) Any park warden or park official acting on the orders of a park warden may, within a park or reserve or within five miles from the boundary thereof -

(a) require any person whom he has reasonable grounds to suspect has committed an offence under this Part to produce for inspection any animal, including a domestic animal, or any plant, weapon, trap, poison or other material article which may afford evidence of the commission or attempted commission of an offence under this Part, or any permit or other document required to be in the possession of such person under this Part;

(b) search without a warrant any premises, place, vehicle, aircraft, vessel, transport animal, tent, baggage or receptacle of whatever nature if he has reasonable grounds for suspecting that there is at or in such premises, place, vehicle, aircraft, vessel, transport animal, tent baggage or receptacle any animal, including a domestic animal, or any plant, weapon, trap, poison or other material or article which may afford evidence of the commission or attempted commission of an offence under this Part, and may seize any such animal, plant, weapon, trap, poison, material or article found as a result of such search;

(c) arrest without a warrant any person who is on reasonable grounds suspected of having committed an offence under this Part.

(2) Any park warden or park official acting on the orders of a park warden may within the boundaries of a park or reserve -

(a) require any person who is behaving in a suspicious or unbecoming manner to leave the park or reserve;

(b) destroy any dog or domestic cat found within a park or reserve if unaccompanied by its owner or other person having control over it or, if accompanied by such person in the course of contravening section 20(b).

Appointment of honorary park wardens and officials.

24. bis. (1) The Commission may by notice in the Gazette appoint any person to be an honorary park warden or honorary park official for such period and on such conditions as the Commission may think fit, and may terminate such appointment at any time.

(2) Save as may be otherwise prescribed, and subject to the conditions of his appointment, an honorary park warden or honorary park official shall have all the powers conferred by this Act on a park warden and park official respectively.

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