eSwatini
Natural Resources Act, 1951
Act 71 of 1951
- Commenced on 7 December 1951
- [This is the version of this document at 1 December 1998.]
Part I
1. Short title
This Act may be cited as the Natural Resources Act, 1951.2. Interpretation
In this Act unless the context otherwise requires—“board” means the Natural Resources Board established under section 3;“land” includes any right to minerals;“Minister” means the Minister responsible for Agriculture;“natural resources” means—(a)soil, water and minerals;(b)animal, bird and fish life;(c)such other things as the Minister may by notice in the Gazette declare to be natural resources, including landscapes and scenery which, in his opinion, should be preserved on account of their aesthetic appeal or scenic value; and(d)royal graves or grave sites.“occupier” in relation to land, means any person lawfully occupying such land;“owner” in relation to land, means—(a)the person registered in the deeds office as the proprietor of the land;(b)any person lawfully occupying or holding land in accordance with an agreement whereunder he is entitled to obtain from the Government title thereto on the fulfilment by him of the conditions prescribed by such agreement, and the duly authorised representative of any such person; or(c)the legal representative of any registered owner who has died, has become insolvent, is a minor, is of unsound mind, or is otherwise under disability, and the liquidator of a company owning land;“public stream” means a watercourse of natural origin wherein water flows in ordinary seasons, whether or not such watercourse is dry during any period of the year, and whether or not its conformation has been changed by artificial means, and includes swamps or marshes, whether forming the source or found upon the course of or feeding such watercourse;“storm water” means all flow of water directly due to rainfall before such water forms a public stream;“Swazi area” means any land set apart for the sole and exclusive use and occupation of Africans under the Concessions Partition Act No. 28 of 1907, and land set aside for African land settlement in terms of the Swazi Land Settlement Act No. 2 of 1946, and shall include any land registered or to be registered in the name of the Ngwenyama in trust for the Swazi nation.Part II – Natural Resources Board
3. Establishment of the Natural Resources Board
4. Procedure of the board
5. Functions of the board
The functions of the board in addition to the powers and duties specially assigned to it under this Act shall be—6. Administrative and clerical work of board
The administrative and clerical work in connection with the duties of the board shall be performed by such members of the public service as may be deputed thereto by the Minister.7. Board to report on soil and water conservation projects
The board shall at the request of the Minister report upon Government and other soil and water conservation projects.8. Board to give notice to interested parties
When any matter arises for the determination of the board, all persons having an interest in the matter shall, as far as reasonably practicable, be notified of the questions at issue and given facilities for making such representations thereon as they may wish.9. Appeal from determination of the board
10. Questions of law may be referred to High Court
11. Board may summon witnesses
12. Penalty for giving false evidence
A person who, after having been duly sworn, wilfully gives false evidence before the board, knowing such evidence to be false or not knowing or believing it to be true, shall be deemed guilty of perjury and may be punished accordingly.13. Penalty for witnesses refusing to be sworn, give evidence or produce documents
14. Board’s annual report
Part III – Conservation and improvement of natural resources in areas other than Swazi areas
15. This Part not to apply to Swazi areas
The provisions of this Part shall not apply to Swazi areas.16. The Minister may set aside Government land or acquire other land
17. The Minister may construct works
18. Apportionment of costs
19. Creation of charge on land for cost of works for prevention of soil erosion, etc.
20. Board may make orders for conservation of natural resources
Part IV – Conservation areas
21. Declaration of an intensive conservation area
22. Conservation committees
23. Composition of conservation committee
A conservation committee shall consist of such number of members as the Minister may fix, not exceeding five, and shall be elected in the prescribed manner.24. Functions of conservation committee
The functions of a conservation committee shall, subject to the approval of the board, be—25. Powers of conservation committee
A conservation committee shall, subject to the approval of the board, have power—26. Costs of works undertaken by conservation committee
27. Loans to conservation committee
Part V – Conservation and improvement of natural resources in Swazi areas
28. Application of the Swazi Administration Act, No. 79 of 1950
Whenever it is necessary to provide for the conservation and improvement of natural resources in a Swazi area, measures shall be taken under section 10 of the Swazi Administration Act, No. 79 of 1950.Part VI – General
29. Incidence and payment of assets incurred under sections 18, 20 and 26
30. Rights of entry
31. Penalty for discharge of storm water
Any person who, by any act or by neglect causes damage to another whether by diverting storm water from its natural course, or by any other act or omission or who injures any soil or water conservation work, shall be guilty of an offence.32. Regulations
33. Penalties
If any person is convicted of an offence under section 11(4), section 13(1), section 20(3), 30(3), section 31 or under any regulation published under section 32(d) or (e) he shall be liable on—History of this document
01 December 1998 this version
Consolidation
07 December 1951
Commenced
Cited documents 3
Act 3
1. | Acquisition of Property Act, 1961 | 20 citations |
2. | Concessions Partitions Act, 1907 | 8 citations |
3. | Swazi Land Settlement Act, 1946 | 3 citations |
Documents citing this one 17
Gazette 14
Act 3
1. | Flora Protection Act, 2001 | 4 citations |
2. | Sub-division of Land Act, 1957 | 1 citation |
3. | Control of Tree Planting Act, 1972 |