Exemptions in Terms of Sections 7(1) and 15(1) of the National Forests Act, 1998 (Act No. 84 of 1998), as amended (No. 773 of 2007)

No. 773 STAATSKOERANT, 24 AUGUSTUS 2007 DEPARTMENT OF WATER AFFAIRS AND FORESTRY DEPARTEMENT VAN WATERWESE EN BOSBOU No. 30183 57 24 August 2007 EXEMPTIONS IN TERMS OF SECTIONS 7(1) AND 15(1) OF THE NATIONAL FORESTS ACT, 1998 (ACT NO. 84 OF 1998), AS AMENDED By virtue of the powers vested in me by sections 7(1) and 15(1) of the National Forests Act, 1998, (Act Na. 84 of 1998) as amended, I, Lindiwe Benedicta Hendricks, Minister of Water Affairs and Forestry, hereby exempt certain activities regarding a) trees in natural forests, and b) trees declared as protected species in terms of section 12(1 ), and their products, from ·:he licensing provisions of these sections, as set out in Schedule A and B hereunder: SCHEDULE A Exemption in terms of Section 15(1) of the National Forests Act, 1998, as amended, applicable to protected trees declared in terms of Section 12(1): :;f•,<~.,.~11,, ;: l!inl~}t:~li:l(lt~R~PD.U~i'$;•··::•,t't':··'1 1. Cutting, disturbing, damaging or a) Trees established artificially in the destroying (including prurnng, de-limbing, form of plantations, woodlots, orchards, uprooting and transplanting) standing arboreta, windbreaks and shelterbelts, trees (alive or dead), in mainly rural avenues, and for rehabilitation of areas. degraded sites and waste areas. This 2. Pruning or de-limbing of trees on municipal (public) land. particular exemption will not apply to established urban areas zoned for residential, business and industrial land uses, and gardens around any homesteads, where trees have been planted for ornamental and greening purposes. b) Maintenance management of vegetation and infrastructure in public botanical gardens. c) Maintenance management of vegetation and infrastructure, according to approved management plans, in formally declared public conservation areas. Any pruning or de-limbing of trees, growing as street trees, avenues, ornamentals or shade trees (including municipal parks), by local authorities or their authorised agents, for maintenance purposes, but without mutilating such. Trees growing in a natural forest are excluded from this exem tion. 58 No.30183 GOVERNMENT GAZETTE, 24 AUGUST 2007 ,ACTl\lfTY I TREE / PRODUCtS 3. Pruning or de-limbing of trees on private property in established urban areas and around any homesteads. 4. Possess, transport, purchase, sell, donate, receive, cultivate, or transplant into containers tree seedlings raised for purposes of the propagation of a tree species. 5. Collect, remove, transport or possess fruits and seed for various purposes. 6. Collect, remove, transport or possess leaves for various purposes. 7. Possess, purchase, sell or donate bark or roots. 8. Collect, remove, transport or possess firewood. 9. Purchase, possess or sell cut and split firewood for the commercial market. 10. Purchase, possess, transport or sell charcoal for the commercial market. 11. Possess, transport, purchase, sell or donate processed timber products. Up to a maximum of 25% of the crown, without mutilating the tree. Topping of tree crowns i. a. obstructing views, and trees growing in a natural forest ecosystem, are excluded from this exemption. a) Plants raised artificially in nurseries from seed or cuttings, for commercial purposes; b) plants raised artificially from seed or cuttings on a small scale for non commercial purposes; c) naturally regenerated seedlings originating from artificially established trees in artificial environments, (e.g. private gardens in urban areas), transplanted into containers. Small quantities for non-commercial (domestic) use, up to a maximum of 50% of the fruit or seed of any tree in natural and semi-natural environments in rural areas and up to 100% of any tree on municipal or private land in artificial urban environments. Small quantities for non-commercial use, except from naturally growing Catha edulis (Bushman's tea), which is not exempted. Acquisition or disposal of these components beyond the collection (harvestina) and removal stages. Small quantities of dead wood for non commercial (domestic) use, either scattered debris, standing, or fallen-over dead trees. The retail dealer at the end of the marketing chain, and the consumer, but the retail dealer has to be in possession of a valid certified copy of the supplier's / distributor's licence. The complete marketing chain beyond the processing / manufacturing stage, and the consumer. a)Timber products processed beyond the rough sawn plank, beam or billet stage, including planks, beams and billets worked into more refined stages and end products, like planed planks, doors and windows and their frames, furniture, arts and crafts. b) The consumer regarding rough sawn planks, beams or billets for own use. STAATS KOE RANT, 24 AUGUSTUS 2007 No.30183 59 SCHEDULE B Exemptions in terms of Section 7(1) of the National Forests Act, 1998, as amended, applicable to trees in natural forests: 1./i ~Ctt~t1'Y1 '1'.REE/JPROOtJCT ·•·.• ,e:>E•111'otr •· ... · ... ·· . 1. Collect, remove, transport or possess Small quantities for non-commercial fruits and seed for various purposes. (domestic) use, up to a maximum of 50% of the fruit or seed on any tree. 2. Possess, purchase, self or donate Acquisition or disposal of these bark or roots. components beyond the collection (harvestina) and removal stages. 3. Possess, transport, purchase, sell or a)Timber products processed beyond the donate processed timber products. rough sawn plank, beam or billet stage, including planks, beams and billets worked into more refined stages and end products, like planed planks, doors and windows and their frames, furniture, arts and crafts. b) The consumer regarding rough sawn planks, beams or billets for own use 4. Collect, remove, transport or possess Small quantities of dead wood for non firewood. commercial (domestic) use, either scattered debris, standing or fallen-over dead trees, but excluding these activities in formally declared strictly protected forest areas. MRS L B HENDRICKS, MP MINISTER OF WATER AFFAIRS ANO FORESTRY