This Act was repealed on 2001-11-01 by Flora Protection Act, 2001.
Flora Protection Act, 1952
Related documents
- Is repealed by Flora Protection Act, 2001
eSwatini
Flora Protection Act, 1952
Act 45 of 1952
- Commenced on 31 October 1952
- [This is the version of this document at 1 December 1998.]
- [Repealed by Flora Protection Act, 2001 (Act 5 of 2001) on 1 November 2001]
1. Short title
This Act may be cited as the Flora Protection Act, 1952.2. Interpretation
In this Act, unless the context otherwise requires—“land” means with or without buildings thereon;“Minister” means the Minister for Agriculture;“plant” means any plant, shrub or tree, indigenous to Southern Africa, and includes the flower, bulb, tuber, stem or root or any part of such plant, shrub or tree;“owner” when used in relation to land held by the Ngwenyama for the Swazi nation, means the Ngwenyama;“protected flora” means any plant, shrub or tree included in the Schedule and includes the flower, bulb, tuber, stem or root or any other part of such plant, shrub or tree;“public road” means—(a)any road established, proclaimed or recognised as such under the provisions of any law and includes bridges over which such road passes; and(b)any road or thoroughfare, however created which, before or after the commencement of this Act has been in the undisturbed use of the public or which the public has had the right to use during a period of not less than three years and includes bridges over which such road passes; and includes—(c)any street or thoroughfare and any other public place whatever open to use of the public for purposes of vehicular traffic;“sell” includes offering or exposing for sale, being in possession for the purpose of sale, bartering, hawking and peddling.3. Inclusion of plants in Schedule and establishment of indigenous flora reserves
The Minister may from time to time by notice in the Gazette—4. Unlawful plucking, etc., of protected flora
5. Permits to pluck, cut or uproot protected indigenous flora
6. Prohibition of export
7. Unlawful plucking, etc., of indigenous plants in reserves
No person shall pluck, gather, cut, uproot, injure, break or destroy any plant in a flora reserve established in terms of section 2(2) of this Act:Provided that the owner of land falling within the boundaries of such reserve, or a person authorised by such owner, may pluck, gather, cut, uproot, injure, break or destroy those plants which do not come under the definition protected flora.8. Unlawful sale of protected indigenous flora
No person shall sell any protected flora:Provided that protected flora which have been cultivated by the owner or occupier of land or on his specific instructions, on land specially set apart for such cultivation, may be sold by such owner or occupier or by a person authorised in writing by him:Provided further that the holder of a permit issued in terms of section 9(1) of this Act may sell protected flora as prescribed in such permit.9. Permits to sell protected indigenous flora
10. Cancellation of permits
The Minister may at any time cancel a permit issued in terms of section 5(1), 6(2) or 9(1) of this Act.11. Seizure of protected indigenous plants
12. Persons in possession of protected indigenous plants in reserves to give names and addresses
13. Presumptions
A person who has or had custody of or who is or has been in possession of or who handles, carries or conveys or who has handled, carried or conveyed, or who causes or who has caused to be handled, carried or conveyed any protected flora or plants shall, if there is a reasonable suspicion that such protected flora or plants have been plucked, gathered, cut or uprooted unlawfully, be deemed to have plucked, gathered, cut or uprooted such protected flora or plants in contravention of this Act, unless the contrary is proved.14. Penalties
A person who contravenes or fails to comply with any provisions of this Act shall be guilty of an offence and shall, if no penalty is expressly provided in this Act for such contravention or failure, be liable, on conviction, to a fine not exceeding one hundred emalangeni or in default of payment thereof to imprisonment for a period not exceeding six months.In addition to such penalty the court may—History of this document
01 November 2001
Repealed by
Flora Protection Act, 2001
01 December 1998 this version
Consolidation
31 October 1952
Commenced
Cited documents 0
Documents citing this one 4
Act 2
1. | National Trust Commission Act, 1972 | 23 citations |
2. | Flora Protection Act, 2001 | 4 citations |
Gazette 2
1. | Swaziland Government Gazette dated 2000-09-22 number 606 | |
2. | Swaziland Government Gazette dated 2001-07-13 number 724 |