Related documents
- Repeals Flora Protection Act, 1952
eSwatini
Flora Protection Act, 2001
Act 5 of 2001
- Published in Swaziland Government Gazette 724 on 13 July 2001
- Assented to on 13 June 2001
- Commenced on 1 November 2001
- [This is the version of this document from 13 July 2001.]
1. Short title
This Act may be cited as the Flora Protection Act, 2001.2. Interpretation
In this Act, unless the context otherwise requires —“Authority” means the Swaziland Environment Authority established by the Swaziland Environment Authority Act No. 15 of 1992;“cultivate” means to promote, stimulate or foster the growth of a plant, or plant material (including seed) obtained lawfully in terms of this Act, and “cultivated” and “cultivation” have corresponding meanings;“endemic flora” means any flora whose natural distribution is restricted to the boundaries of Swaziland;“flora reserve” means a reserve established in terms of section 3;“indigenous flora” means any plant whose natural distribution is Southern Africa including Swaziland;“land” includes land with or without buildings thereon;“Minister” means the Minister responsible for Flora;“plant” means any vegetative or reproductive growth including fungi, algae, mosses, lichens, liverworts, ferns, fern allies or seed plant whether living or dead;“owner” means—(a)in the case of Swazi Nation Land, the Ngwenyama Trust for the Swazi Nation;(b)the registered owner of a holding, whether it is a plot, lot, erf, portion or farm;(c)the lessee or lawful occupier of a holding in the case of a lease of ten or more years;(d)in relation to land concession, the concessionaire;(e)a legal representative in the case of an insolvent estate, a company in liquidation, a deceased estate, a minor, a person of unsound mind or otherwise under any disability;“protected flora” means a plant included in Schedules A, B, C or growing in a flora reserve or special habitat or botanic garden;“public road” means—(a)any road established, proclaimed or recognised under the provisions of any law and includes bridges over which such roads pass;(b)any road or thoroughfare, however created which, before and after the commencement of this Act has been in the undisturbed use of the public or which the public had the right to use during a period of not less than three (3) years and includes bridges over which such roads pass and include;(c)any street or thoroughfare and any public place whatever open to use by the public for purposes of vehicular traffic;“rare flora” means flora included in Schedule C and whose populations are at risk should an unforeseen threat come up;"sell" includes offering or exposing for sale, delivering pursuant to sale, bartering, hawking, peddling or any other form of trading in any plant or part thereof;“special habitat” means a piece of land containing plant species of ecological, aesthetic or socio-economic importance or concern and declared as such under section 3 of this Act;“specially protected flora” or “endangered flora” means flora included in Schedule A and in danger of extinction if casual agents continue to be unchecked;“vulnerable flora” means flora included in Schedule B and likely to be in danger if the casual agents continue to operate.3. Establishment of flora reserves, botanic gardens and protection of special habitats
The Minister may from time to time by notice in the Gazette —4. Inclusion of plants in a Schedule
The Minister may from time to time by notice in the Gazette —5. Unlawful picking, etc., of protected flora
6. Permits to pluck, cut or uproot, etc., protected indigenous flora
7. Prohibition of export
8. Unlawful entry, etc., into flora reserves, botanic gardens and special habitats
9. Unlawful sale of protected flora
10. Permits to sell protected flora
11. Cancellation of permits
The Minister may cancel any permit issued in terms of section 6(1), 7(2) or 10(1), if he has reason to suspect that the holder of such a permit does not comply with the conditions of such a permit.12. Search for and registration of protected flora
13. Persons in possession of protected flora in reserve, botanic garden or specially protected habitat to give names and addresses
14. Presumption
A person who has or had custody of or who is or has been in possession of or who has handled, carried, or conveyed any protected flora shall, if there is reasonable suspicion that such protected flora have been plucked, gathered, cut, uprooted or dug unlawfully, be deemed to have plucked, gathered, cut, uprooted or dug out such protected flora in contravention of this Act, unless the contrary is proved.15. Collection for research or scientific purposes
Any person wishing to collect protected species of plants for research or scientific purposes shall apply for a permit from the Minister in the case of Swazi Nation Land or Title Deed Land, and to the Swaziland National Trust Commission in the case of any areas protected under the Swaziland National Trust Commission Act, No. 9 of 1972, and such person shall abide by the conditions set out in the issued permit.16. Environmental impact assessment and mitigation plans
17. Penalties
18. Exemption of Swazi rural dwellers
Nothing contained in this Act shall operate to restrain bona fide Swazi rural dwellers from collecting and processing plants outside flora reserves for their personal and domestic use and not for sale or delivery to any other person pursuant to any cause whatsoever.19. Prohibition of sale of indigenous plants
20. Prohibition of cross border trade
No person shall without the authority of the country of origin, carry or trade in any plant listed in the Red Data List of Southern African Plants (1997) or any other plant listed under the auspices of the International Union for the Conservation of Nature (IUCN).21. Relation with other Acts
This Act shall be read together with —22. Supremacy of the Act
Whenever conflicts arise between this Act and any other legislation on matters pertaining to the flora, this Act shall assume supremacy over the other legislation.23. Regulations
The Minister may make regulations for the better carrying out of the objects of this Act.24. Repeal
The Flora Protection Act, No. 45 of 1952 is hereby repealedHistory of this document
01 November 2001
Commenced
13 July 2001 this version
Published in Swaziland Government Gazette 724
13 June 2001
Assented to
Cited documents 6
Act 6
1. | National Trust Commission Act, 1972 | 23 citations |
2. | Natural Resources Act, 1951 | 17 citations |
3. | Swaziland Environment Authority Act, 1992 | 9 citations |
4. | Forests Preservation Act | 6 citations |
5. | Flora Protection Act, 1952 | 4 citations |
6. | Grass Fires Act | 4 citations |