Service Contract No 2007 / 147-446 Strategic ... - Swaziland

Piece of legislationNational TrustCommission Act (1972)Flora Protection Act(2000)The Protection of FreshWater Fish Act (1938)The Plant Control Act(1981)The Game Act (1953)and The Game(Amendment) Act (1991)Description / relevance to the NASThe Swaziland National Trust Commission (SNTC) is a body corporateestablished by the SNTC Act of 1972. The Act provides for the operationof cultural institutions and the proclamation and management of nationalparks, monuments and related matters. The Act grants the SNTC powersto proclaim national parks and monuments. It can acquire or alienatemovable and immovable property subject to this Act with the approval ofthe Deputy Prime Minister. Any doubts or clarification of this Act requirethe Minister to obtain the decision of the Ngwenyama in writing whichdecision shall be final and binding to all concerned.The objectives of the National Parks and Nature Reserves are outlined inSection 15 of the Act and include the promotion and conservation ofindigenous animals and plants and the protection of the natural ecologyand environment of the park or reserve. These parks and reserves are tobe controlled and supervised by the Swaziland National TrustCommission (Section 6). The establishment of this Commission ismentioned in Section 3. Activities that are destructive to the existence ofthese parks and reserves (as set out in the Objectives in Section 15) areprohibited. Prohibited activities are listed in Section 20 and include,among many others, the killing or injuring of plants and animals, and theremoval of any object from within the park or reserve.The implementation of the NAS is unlikely to impact on this Act unlessNAS measures directly or indirectly affect protected areas.Act that establishes the lists of especially protected flora (endangered),vulnerable flora and rare flora, and establishes measures to protect it. Ofrelevance to the NAS implementation, any activity that may have animpact in indigenous flora (e.g. bush clearings to set up sugar caneplantations, creation of dams, construction of roads), must assess thescale of the impacts and establish appropriate mitigation measures,normally as part of an EIA.An Act to make provision for the protection of fresh water fish and ofindirect relevance to the NAS implementation.An Act to make provision for the control of plants. It mainly deals withissues related to the control of plant diseases and pests, alien species,importation and exportation of plant species, weed control, insect pests intimber. It establishes lists of prohibited plants and living material, andthose which require a permit. In the case of sugar cane, the whole plant,part of the plant or seeds require a permit.All trees, shrubs and vegetation, and any living or dead portion of plants,are protected under this Act. The Minister of Agriculture and Cooperativesmust grant permission before removal of plants is permitted, and anenvironmentalist must supervise all removals, which will be confined todesignated areas only. If conflicts arise between this Act and previouslegislation on matters pertaining to flora, this Act will assume supremacyover other legislation. This Act is intended to be used with: The SwazilandGovernment Authority Act, 1992; The Forests Preservation Act, 1910;The Plant Protection Act, 1958; The Wild Mushroom Control Act, 1973;The Grass Fires Act, 1955; The Natural Reserves Act, 1951; The GameAct, 1953; and the Swaziland National Trust Commission Act, 1972.Act dealing with the preservation of game in Swaziland. It includesprovisions for the establishment of Game Reserves and Sanctuaries;regulates hunting seasons and methods; and exports. The Act wasamended in 1991. The Act is relevant to the NAS insofar as NAS actionsmay have an impact on game conservation areas.RDMU (Strategic Environmental Assessment of the National Adaptation Strategy) - Page 165