In terms of the National Forests Act of 1998 forest trees or protected tree species may not be cut, disturbed, damaged, destroyed and their products may not be possessed, collected, removed, transported, exported, donated, purchased or sold – except under license granted by the Department of Water Affairs and Forestry (or a delegated authority).

Applications for such activities should be made to the responsible official in each province. Each application is evaluated on merit (including site visits) before a decision is taken whether or not to issue a license (with or without conditions). Such decisions must be in line with national policy and guidelines.

The Department of Water Affairs and Forestry received a long list of proposed tree species for protection from stakeholders. A panel of experts then assisted the Department in evaluating these proposals, using a set of criteria developed at public workshops. The final list was published by notice in the Government Gazette and newspapers, after a public review process.

The criteria used to select tree species for inclusion in the protected tree list are:

	Red List Status (rare or threatened species);
	Keystone Species Value (whether species play a dominant role in an ecosystem’s functioning);
	Sustainability of Use (whether a species is threatened by heavy use of its products such as timber, bark etc);
	Cultural or Spiritual Importance (outstanding landscape value or spiritual meaning attached to certain tree species); and
	Other Legislation (whether a species is already adequately protected by other legislation).