Default by managing entity, public managing entity or co- managing entity

(1) If the managing entity, public managing entity or co- managing entity of a protected area is not performing its duties in terms of the management plan for the area, or is underperforming with regard to the management of the area or its biodiversity, the Minister shall– (a) notify the managing entity, public managing entity or co-managing entity in writing of the failure to perform its duties or of the underperformance; and (b) direct the managing entity, public managing entity or co-managing entity to take corrective steps as set out in the notice within a specified time. (2) If the managing entity or co-managing entity fails to take the required steps, the Minister may decide that– (a) a co-management agreement may be entered into with another conservation organization or with a community based organization; National Protected Areas System [CAP. 215 31 (b) deregister the areas as a private protected area unless the land owner takes the required steps as required by the Minister. (3) If the managing entity of a private protected area fails to take the required steps, the Minister may– (a) determine the management actions needed for compliance with the management plan, including restoration if environmental damage has occurred as a direct result of non- compliance; (b) impose financial penalties on the managing entity to cover the costs identified under sub- section (3)(a) immediately above. (4) A person aggrieved by the Minister’s decision under sub- sections (2)(a) or (b) or (3)(a) or (b) may seek legal redress in the Supreme Court.