Our logo is adapted from a painting by Phillip Dlamini, 1998, of a purple crested turaco. In traditional Swazi dress, the red feathers feature in the royal headdress, so this bird illustration is not only a symbol for wildlife conservation, but also of cultural heritage.
Gazetted as VOL. XXXVIII MBABANE, Friday, September 22nd., 2000 [No. 606]
Presented by the Minister for Agriculture and Cooperatives
The purpose of this Bill is to repeal and replace the Flora Protection Act No. 45 of 1952 so as to provide for more effective protection of flora and to provide for matters incidental thereto.
P. M. DLAMINI
A BILL entitled
An Act to protect indigenous flora and to provide for matters incidental thereto.
ENACTED by the King and the Parliament of Swaziland.
Short title and commencement
1. This Act may be cited as the Flora Protection Act, 2000 and shall come into force on such date as the Minister may, by notice in the Gazette, appoint.
2. In this Act, unless the context otherwise requires:-
a public road means-
Establishment of flora reserves, botanic gardens and protection of special habitats
3. The Minister may from time to time by notice in the gazette:-
4. The Minister may from time to time by notice in the gazette:-
Unlawful picking of protected flora
5. (1) Subject to Section 5 (2), 5 (3), 5 (4) and 6 (1), no person shall pick, pluck, gather, cut, uproot, injure, break, process or destroy any protected flora or part thereof, including seeds of such protected flora.
(2) Any owner or occupier of land may pick, pluck, gather, cut, uproot, process or destroy:-
(3) The holder of the permit issued under section 6 (1) may pick, cut, uproot or dig out such protected flora as specified in such permit.
(4) Nothing in this Section shall be construed as permitting the plucking, picking, cutting, uprooting, digging out, injuring, breaking, processing or destroying any specially protected flora, save in the case of a permit issued by the Minister in which such specially protected flora is specified.
Permits to pluck, cut or uproot protected indigenous flora
6. (1) The Minister may issue a permit authorising the holder thereof to pick, pluck, cut, uproot or dig out the species and quantities of protected flora specified in such a permit, in a locality and during a period likewise specified, subject to other conditions as may be specified in such a permit;
(2) The permit issued by the Minister shall be as specified in Schedule D to the Act.
Prohibition of export
7. (1) No person shall export or attempt to export from Swaziland any protected flora, except upon or subject to the conditions of a permit issued by the Minister;
(2) The Minister may, at his discretion, issue or refuse to issue a permit for the exportation of or removal of protected flora from Swaziland, and may insert in such a permit such conditions as he considers desirable.
(3) A permit issued in terms of this section shall only be available for use by the person to whom and in whose name it is issued and shall be made available to officers mentioned in (4) as long as the stated protected flora is dealt with.
(4) A Police Officer, Customs Officer or any Public Officer authorised by the Minister in that behalf who on reasonable grounds suspects that any protected flora which is in the possession of any person, or in or on a vehicle is being exported unlawfully, may arrest the person in possession of such protected flora and the vehicle for the purpose of proceedings to be instituted against such a person in connection with such protected flora.
(5) Any person who hinders, obstructs or interferes with an officer mentioned in subsection (4) in the execution of his duties imposed upon him under this section, is guilty of an offence and liable on conviction to the penalties set out in section 17.
Unlawful entry into flora reserves, botanic gardens and special habitats
8. (1) Any person who destroys fencing material, enters into, sets fire onto or willfully destroys or digs, cuts and uproots plants in a flora reserve, botanic garden and special habitat, established in terms of Section 3 without a permit is guilty of an offence and on conviction, liable to the penalties set out in Section 17 of this Act.
(2) Any police officer, custom officer or any public officer authorised by the Minister on that behalf, who on reasonable grounds suspect that a person is contravening subsection (1), may arrest the person and confiscate vegetative and/or reproductive material or the container or the vehicle in which the plant material is carried for the purposes of proceedings to be instituted against such person.
(3) Any person who hinders, obstructs or interferes with any Officer mentioned in subsection (2), in the execution of his duties imposed upon him under this section, is guilty of an offence and liable on conviction to the penalties set out in Section 17.
Unlawful sale of protected flora
9. (1) No person shall sell any protected flora unless such person holds a permit issued in terms of the Plant Control Act 1981:
Provided that the holder of a permit issued in terms of the Act may sell protected flora as prescribed in such permit.
(2) No person shall purchase protected flora other than from a nursery registered in terms of the Plant Control Act, 1981 or from a person possessing a permit obtained from the Minister authorising him to sell the protected flora.
Permits to sell protected flora
10. (1) The Minister may issue a permit authorising the holder thereof to sell protected flora.
(2) The permit shall specify the species, or kind of protected flora which may be sold by the holder, and the locality where and the period during which such protected flora may be sold, and other conditions which the Minister may prescribe.
(3) A person contravening or failing to comply with any condition contained in a permit issued under Section (1) is guilty of an offence and liable, on conviction, to the penalties set out in Section 17.
(4) The holder of a permit shall furnish the Minister with a list stating the species, quantity and price of flora and name and address of a customer, whenever called upon to do so.
Cancellation of permits
11. 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.
Search for and registration of protected flora
12. (1) Any Police Officer, Customs Officer or a Public Officer authorised by the Minister in writing in that behalf may at any reasonable time enter upon any land for the purpose of searching for or inspecting any protected flora.
(2) Any Officer referred to in subsection (1), may enter upon any land, premises or vehicle for the purpose of arresting any person suspected on reasonable grounds of having committed an offence in respect of any protected flora and of seizing the protected flora in respect whereof of the offence in the opinion of such officer has been committed.
(3) Any owner or occupier of land where specially protected flora are cultivated shall, within six months from the commencement of this Act, register such flora in the form prescribed by the Minister in Schedule E of this Act.
(4) Any person who fails to comply with subsection (3) or who obstructs or hinders a Police Officer, Customs Officer or any Public Officer in terms of subsection (1) in the execution of the duties imposed on such officer under this section, is guilty of an offence and on conviction liable to the penalties set out in Section 17 of this Act.
Persons in possession of protected flora in reserve, botanic garden or specially protected habitat to give names and addresses
13. (1) If a person is found in possession of protected flora or plants within the boundaries of a flora reserve, botanic garden or special habitat, established under Section 3 (b) of this Act, the owner of such land or any person appointed in writing by him or any other officer referred to in Section 12 (1) of this Act, may call upon such a person to furnish his full name and address.
(2) Any person who when called upon under Subsection (1), to furnish his name and address, fails or refuses to do so, or furnishes a false or incorrect name and address, is guilty of an offence and liable on conviction to the penalties set out in Section 17 of this Act.
14. A person who has or had custody of or who is or has been in possession of or who has handled, carried, 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.
Collection for research or scientific purposes
15. 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.
Environmental impact assessment and mitigation plans
16. (1) Any organisation, public or private, or owner of land wishing to implement any activity that would impact in indigenous flora shall be required to assess indigenous flora that would be affected stating the location, total land area in square metres or square kilometres, or the distance in kilometres, the kinds of flora to be affected and their category in the schedule of protected flora and such organisation or owner shall ensure that proper mitigation measures are followed in accordance with the Swaziland Environmental Authority Act 1992.
(2) Any person who fails to comply with the provisions of subsection (1) hereof is guilty of an offence and liable on conviction to a fine of not less than two thousand five Hundred Emalangeni or a minimum prison term of three (3) months but not exceeding fifteen thousand Emalangeni or five (5) year prison term per hectare of land destroyed. In addition, the court may order that destroyed flora be replaced or compensated for.
17. (1) Any person who contravenes the provisions of Section 7 or 8 or unlawfully cuts, picks, plucks, gathers, uproots, injures, breaks and process any flora in schedule A is guilty of an offence and on conviction liable to a fine of not less than six hundred Emalangeni and not more than two thousand five hundred Emalangeni or a term of imprisonment of not less than three months and not more than two years.
(2) Any person who contravenes the provisions of any other part of this Act, except Section 16, is guilty of an offence and if found guilty be liable to a fine not less than three hundred Emalangeni and not more than one thousand Emalangeni or a prison term of not less than one month and not more than one year.
(3) Any person who has previously been convicted for contravening any section of this Act shall, if convicted be sentenced to two years imprisonment at the second and subsequent convictions.
(4) In addition to such penalty the court may:-
Exemption of Swazi rural dwellers
18. Nothing contained in this Act shall operate to restrain bonafide 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.
Prohibition of sale of indigenous plants
19. (1) No person shall pick, pluck, cut, uproot or dig out any indigenous flora for the purpose of sale or offering for sale or for export or delivery with intent to export whole or parts of such flora without a permit from the Minister.
(2) Any driver and owner of a vehicle found loaded or transporting whole or parts of indigenous flora without a permit from the minister shall, unless the contrary is proven, shall be deemed to have done so in contravening of this Act and shall, if found guilty be liable to the penalties set out in Section 17.
Prohibition of cross boarder trade
20. 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).
Relation with Other Acts
21. This Act shall be read together with:-
22. 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. The Minister may make regulations for the better carrying out of the objects of this Act.
24. The Flora Protection Act No. 45 of 1952 is hereby repealed.
ESPECIALLY PROTECTED FLORA (ENDANGERED)
PERMIT FOR PROTECTED FLORA(see pdf file)
Head Quarters: (+268) 2416 1489/1179
King Sobhuza II Park: (+268) 2416 1489/1179
National Museum: (+268) 2416 1489/1179
Copyright © ESWATINI NATIONAL TRUST COMMISSION
Malolotja Nature Reserve: (+268) 2444 3241 / (+268) 2416 1480
Mantenga Nature Reserve and Swati Cultural Village: 2416 1151/1178
Mlawula Nature Reserve: (+268) 2444 3241/ (+268) 2416 1480
Magadzavane Lodge: (+268) 2343 5108/9