eSwatini
Control of Tree Planting Act, 1972
Act 7 of 1972
- Assented to on 8 February 1972
- Commenced on 24 March 1972
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title and application
2. Interpretation
In this Act, unless the context otherwise requires—“agricultural land” means any land which is classified as agricultural land in the tree control areas plan published under section 6;“agricultural production” includes the pasturing, running or herding of animals for the production of dairy products or meat or for farming the land, but does not include the cultivation of commercial trees;“commercial tree” or “tree” means any tree which is commonly planted and cultivated for its wood, wood pulp, bark or other products, but does not include citrus trees and other trees which produce edible fruits or seeds for human consumption, and includes all trees listed in the First Schedule to this Act;“grower” means a person who, for the time being, whether as owner, lessee, licensee or otherwise, is entitled for his own account to have charge, control and management of any rural land on which a nursery, grove or forest of commercial trees has been planted over a total area of at least two hectares, not including any commercial trees which have been planted in two linear rows or less to serve exclusively as a border, fence, windbreak or soil conservation measure related to agricultural production in the immediate area;“intermediate land” means any land which is classified as intermediate land in the tree control areas plan published under section 6;“licence” means a licence to plant commercial trees on agricultural land granted in accordance with sections 9 and 10;“marginal land” means any land which is classified as marginal land in the tree control areas plan published under section 6;“Minister” means the Minister responsible for Agriculture;“Natural Resources Board” or “the Board” means the Natural Resources Board established under the Natural Resources Act No. 71 of 1951;“nursery” means land on which commercial trees are grown for the purpose of transplanting in another area;“permit” means a permit to plant commercial trees on intermediate land issued in accordance with sections 9 and 10;“Principal Secretary” means the Principal Secretary of the Ministry responsible for Agriculture;“register of growers” or “register” means the register of growers to be kept by the Board in terms of section 13;“rural land” means any land other than land within the boundaries of an urban area declared under section 2 of the Urban Areas Proclamation (Cap. 74);“tree control areas plan” or “the plan” means the tree control areas plan prepared in accordance with section 3.Part II – Tree control areas plan
3. Preparation of tree control areas plan
4. Objections and representations concerning plan
Within fourteen days after the Board has submitted the tree control areas plan, the Minister shall publish a notice in the Gazette and in a newspaper circulating in Swaziland stating that—5. Minister may amend classification of land
The Minister may, after considering any objections or representations submitted to him in accordance with section 4, and after consultation with the Board, amend the classification of any rural land in respect of which an objection or representation has been submitted when he is of the opinion that such amendment is necessary to conform to the requirements of section 3(3).6. Approval and publication of plan
6bis. Prohibition against tree planting before classification
Notwithstanding section 6, no person shall plant any commercial trees prior to the date of the notices referred to in section 6(1) and (2) without the prior written permission of the Board.[Amended K.O-I-C. 14/1973]Part III – Planting of trees in tree control areas
7. Agricultural land
8. Intermediate land
9. Notice of applications for licences and permits
Within 14 days after an application for a licence or a permit is received the Board or the Principal Secretary, as the case may be shall cause a notice to be published in a newspaper circulating in Swaziland and shall cause a copy of such notice to be posted at the office of the Regional Administrator of the district in which the land is situated, stating—10. Decisions by the board
After considering any objections or representations submitted in accordance with section 8, the Board shall—11. Persons not required to obtain licences or permits
Notwithstanding sections 7 and 8, no licence or permit shall be required by any person—12. Power to cancel or suspend licence or permit
Part IV – Register of growers
13. Board shall maintain register
14. Registration of growers
15. Certificate of registration
16. Cancellation of registration
The Board shall, after making such inquiries as it deems necessary, remove the name of any person who ceases to be qualified as a grower.Part V – General
17. Functions of Natural Resources Board
Subject to this Act, the Natural Resources Board shall perform any function assigned to it under this Act in accordance with the rights, powers and procedures of the Board, and subject to the same rights of appeal from a determination of the Board, as prescribed in the Natural Resources Act, No. 7 of 1951.18. Destruction of trees planted without licence or permit
The Minister may, after consultation with the Board, order the destruction of any commercial trees planted in contravention of sections 7(1) or 8(1) or any term or condition of any licence or permit.19. Penalties
A person shall be guilty of an offence and liable on conviction to a fine of E200 or, in default of payment thereof, to imprisonment for six months if he knowingly—20. Amendment of the Swazi Administration Act No. 79 of 1950
Section 10(1) of the Swazi Administration Act No. 79 of 1950 is hereby amended by adding after the word “destruction” in paragraph (f) thereof, the words “or planting”.21. Regulations
History of this document
01 December 1998 this version
Consolidation
24 March 1972
Commenced
08 February 1972
Assented to