principle of co-operative governance to ensure that the environmental rights in the Constitution are protected and fulfilled. The Bill employs a number of instruments to promote and giveeffect to co-operative governance as envisagedin section 41(2) of the Constitution.
ChaDter 4 contains provisions for the protection of rare or threatened species, and species under agreements, wellthreatened protected international asas ecosystems, setting out the listing of species and ecosystems on the basis of their national or international conservation status and regulating the activities, including trade, that may involve such listed species and ecosystems. A scientific authority for thispurpose is established and its functions areset out. Provision is madefor regulations to facilitate the objectives of this chapter.
ChaDter 8 establishes administrative arrangements for implementation of theAct and enables the Minister to make regulations relatingto certain sections of theAct or any matter in order to facilitate its implementation. Specific ares where the Minister may make regulations are national norms and standards; protection and utilisation of speciesandecosystems;implementation of international agreements;alienand invasivespecies;bioprospectingandpermits. Thischapteralsocompelsthe Minister tofollow a consultative and public participation processin exercising powers under theAct.
ChaDter 9 and 10 respectively provide for penalties and offences and repeals the Forest Act (Act No. 122 of 1984), providesforasavings clause, and legality to bioprospecting agreements concluded before theAct takes effect.
(10 and 11 February 2003). "Contact Trust" facilitated the Civil Society workshops and their inputis appreciated and acknowledged by DEAT.
To provide within the framework of the National Environmental Act, 1998, for the management and conservation of South Africa's biodiversity; the protection of species and ecosystems thatwarrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bioprospecting of genetic material derived from indigenous biological resources; the establishment and functions of a SouthAfricanNationalBiodiversityInstitute; and farmattersconnected therewith.
"municipality" means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No.
"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act No.
section 2 of the National Environmental Management Act; and section 2 of the National Environmental Management: Marine Living Resources Act, 1998 (Act No.
"vulnerable species" means any indigenous species facing a high risk of extinction in the wild in the medium-term, but which is not a critically endangered species or an endangered species.
In this Act, words or expressions derived from words or expressions defined in subsection (1) have corresponding meanings unless the context indicates that another meaning is intended.
to provide for co-operative governance in biodiversity management and conservation; and to provide for a National Biodiversity Institute to assist in achieving the above objectives.
through the organs of state implementing this Act, must act as the public trustee of South Africa's biological diversity and its genetic resources; and must implement this Act to achieve the progressive realisation of those rights.
its territorial waters, exclusive economic zone and continental shelf as described in the Maritime Zones Act, 1994 (Act No. 15 of 1994); and the Prince Edward Islands referred to in the Prince Edward Islands Act, 1948 (Act No. 43 of 1948); and to human activity affecting the biological diversity of the Republic.
bind the Republic; and is binding on all persons and organs of state.
interpreted and applied in accordance with the national environmental principles; and read with Chapter 9A and other applicable provisions of the National Environmental Management Act.
provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and a municipal by-law, the section of this Act prevails.
provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and a municipal by-law, the subordinate legislation issued in terms of this Act prevails.
For the proper application of subsection (2) (a) the Minister must in terms of section 146 (6) of the Constitution submit all subordinate legislation issued in terms of this Act and which affects provinces, to the National Council of Provinces for approval.
the restriction of activities which impact on biodiversity; and set indicators to measure compliance with those norms and standards.
Before issuing norms and standards and setting indicators to measure compliance with those norms and standards, the Minister must consult the MEC for environmental affairs in each province in which those norms and standards will apply.
to a specific category of biodiversity only; or to a specific category of persons only.
different categories of biodiversity; or different categories of persons.
monitoring compliance with the norms and standards; and enforcing the norms and standards.
A National Biodiversity Institute is hereby established.
The Institute is a juristic person.
assigned to it in terms of this Act; or as may be prescribed.
When the Institute in terms of subsection (1) gives advice on a scientific matter it may consult any appropriate organ of state or other institution which has expertise in that matter.
perform legal acts, including acts in association with or on behalf of any other person or organ of state; and institute or defend any legal action.
a person designated by the Cabinet member responsible for science and technology; and the Chief Executive Officer of the Institute.
must determine the number of members to be appointed in terms of subsection (1) (a); and may alter from time to time the number determined in terms of paragraph (a), but a reduction in the number may be effected only when a vacancy in the Board occurs.
those decisions taken in consequence of a delegation in terms of section 26; or where the Public Finance Management Act provides otherwise.
be a fit and proper person to hold office as a member; and have appropriate qualifications or experience.
a person who has been removed from office in terms of section 20.
compile a list of the names of persons nominated, setting out the prescribed particulars of each individual nominee; and submit the list to the Minister.
particulars of the nominee's qualifications or experience; and any other information that may be prescribed.
The Minister must make the required number of appointments from the list submitted in terms of subsection (1) (c), but if the list is adequate, the Minister may appoint any suitable person of the Minister's choice.
consult the MECs for environmental affairs; and have regard to the need for appointing persons disadvantaged by unfair discrimination.
Appointments must be made in such a way that the Board is composed of persons covering a broad range of appropriate expertise.
Whenever necessary the Minister must appoint a member of the Board as the Chairperson of the Board.
The Chairperson is appointed for a period as may be determined by the Minister which may, in the case of a member referred to in section 12 (1) (a), not extend beyond his or her term as a member.
the Chairperson is absent for a substantial period; or the appointment of a Chairperson is pending.
are eligible for re-appointment for one additional term of three years, subject to section 20; and may have their appointment in terms of paragraph (a) or (b) extended by the Minister for a specific period not exceeding one year.
The Minister must determine the conditions of appointment of members of the Board referred to in section 12 (1) (a).
The conditions of appointment of members who are not in the employ of a national, provincial or local organ of state may provide for the payment of remuneration and allowances determined by the Minister in concurrence with the Minister for Finance. Such remuneration and allowances are payable by the Institute.
Members who are in the employ of a national, provincial or local organ of state are not entitled to remuneration and allowances, but must be compensated for out of pocket expenses by the Institute.
Members are appointed part-time.
may not use the position, privileges or knowledge of a member for private gain or to improperly benefit another person; and may not act in any other way that compromises the credibility, impartiality, independence or integrity of the Institute.
A member of the Board who contravenes or fails to comply with subsection (1) is guilty of misconduct.
resigns; or is removed from office in terms of section 20.
A member may resign by giving at least three month's written notice to the Minister, but the Minister may accept a shorter period in a specific case.
misconduct, incapacity or incompetence; or absence from three consecutive meetings of the Board without the prior permission of the Board except on good cause shown.
A member of the Board may be removed from office on the ground of misconduct or incompetence only after a finding to that effect has been made by a board of inquiry appointed by the Minister.
The Minister may suspend a member under investigation in terms of this section.
in the case of a vacating Chairperson, by appointing another member in terms of section 15 (1) as the Chairperson; and in the case of a vacating member referred to in section 12 (1) (a), by following the procedure set out in section 14.
A person appointed to fill a vacancy holds office for the remaining portion of the term of the vacating Chairperson or member.
The Chairperson of the Board decides when and where the Board meets, but a majority of the members may request the Chairperson in writing to convene a Board meeting at a time and place set out in the request.
The Chairperson presides at meetings of the Board, but if absent from a meeting, the members present must elect another member to preside at the meeting.
The Board may determine its own procedures subject to the other provisions of this Act.
The Board must keep records of its proceedings and of decisions taken.
A majority of the members of the Board serving at any relevant time constitutes a quorum for a meeting of the Board.
A matter before the Board is decided by the votes of a majority of the members present at the meeting.
If on any matter before the Board there is an equality of votes, the member presiding at the meeting must exercise a casting vote in addition to that person's vote as a member.
The Board may establish one or more committees to assist it in the performance of its functions or the exercise of its powers.
When appointing members to a committee, the Board is not restricted to members of the Board.
may remove a member of a committee from office at any time; and must determine a committee's procedure.
The Board may dissolve a committee at any time.
Section 17 read with the necessary modifications as the context may require, applies to the conditions of appointment of committee members. A staff member of the Institute appointed to a committee serves on the committee subject to the terms and conditions of that person's employment.
a staff member of the Institute.
the determination of the conditions of service of the Chief Executive Officer in terms of section 27 (3); and the determination of an employment policy in terms of section 28 (1); and the setting of financial limits in terms of section 28 (2) (a) or (3).
does not divest the Board of the responsibility concerning the exercise of the delegated power or the carrying out of the delegated duty; and does not prevent the exercise of the delegated power or the carrying out of the delegated duty by the Board.
The Board may confirm, vary or revoke any decision taken in consequence of a delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision.
The Board, acting with the concurrence of the Minister, must appoint a person with appropriate qualifications and experience as the Chief Executive Officer of the Institute.
is appointed for a term not exceeding three years; and may be re-appointed by the Board with the concurrence of the Minister, but only for one additional term not exceeding three years.
The Chief Executive Officer is employed subject to such terms and conditions of employment as the Board may determine in accordance with a policy approved by the Minister with the concurrence of the Cabinet member responsible for finance.
must perform such duties and may exercise such powers as the Board may delegate to the Chief Executive Officer; and must report to the Board on aspects of management, the performance of duties and the exercise of powers, at such frequency and in such manner, as the Board may determine.
Whenever the Chief Executive Officer is for any reason absent or unable to carry out his or her functions, or whenever there is a vacancy in the office of the Chief Executive Officer, the Chairperson of the Board may appoint another employee of the Institute as acting Chief Executive Officer for a period not exceeding six months.
has the powers and duties of the Chief Executive Officer; and is employed subject to such terms and conditions of employment as the Chairperson may determine in accordance with the policy referred to in subsection (3).
The Board, acting with the concurrence of the Minister, must determine an employment policy for the Institute.
within the financial limits set by the Board, must determine a staff establishment necessary for the work of the Institute; and may appoint persons in posts on the staff establishment.
An employee of the Institute is employed subject to the terms and conditions of employment determined by the Chief Executive Officer in accordance with the employment policy of and within the financial limits set by the Board.
A person in the service of another organ of state may be seconded to the Institute by agreement between the Chief Executive Officer and such organ of state.
Persons seconded to the Institute perform their functions under the supervision of the Chief Executive Officer.
A person in the service of the Institute may, with the consent of that person, be seconded to another organ of state by agreement between the Chief Executive Officer and such organ of state.
The Institute is a public entity for the purposes of the Public Finance Management Act, and must to that end comply with the provisions of that Act.
Despite section 49 (2) (a) of the Public Finance Management Act, the Chief Executive Officer is the accounting authority of the Institute.
income derived by it from investments; and money derived from any other source, subject to the Public Finance Management Act.
subject to any investment policy that may be prescribed in terms of section 7 (4) of the Public Finance Management Act; and in such a manner as may be approved by the Minister.
a national botanic garden; or a part of an existing national botanic garden.
A notice in terms of subsection (1) (a) or (2) (a) must assign a name to the national botanic garden.
The sites described in Schedule 1 of the Forest Act, 1984 (Act No.122 of 1984), must be regarded as having been declared as a national botanic garden in terms of this section.
amend or withdraw a notice referred to in section 32, subject to subsection (2) of this section; or amend the name assigned to a national botanic garden.
The declaration of state land as a national botanic garden, or part of an existing national botanic garden, may not be withdrawn and no part of a national botanic garden on state land may be excluded from it except by resolution of each House of Parliament.
The Institute must perform its functions and exercise its powers subject to any norms and standards, directives and determinations issued by the Minister in terms of subsection (1).
In the event of the absence of a functional Board, the functions and powers of the Board revert to the Minister who, in such a case, must perform those functions and may exercise those powers until the Board is functional again.
to provide for monitoring the conservation status of various components of South Africa's biodiversity ; and to promote biodiversity research.
Organs of state charged with biodiversity planning in terms of this Chapter and with land use planning in terms of the Land Use Management Act, 2003, must exercise their respective functions in co-operation with each other.
must review the framework at least every five years; and may, when necessary, amend the framework.
The Minister must publish the national biodiversity framework and each amendment of the framework by notice in the Government Gazette.
any relevant international agreements binding on the Republic; and reflect regional co-operation on issues concerning biodiversity management in Southern Africa.
The national biodiversity framework may determine norms and standards for provincial and municipal environmental conservation plans.
specify a geographic area of any scale that contains whole or several nested ecosystems and which can be characterised by its landforms, vegetation cover, human culture and history, as a bioregion for the purposes of this Act; and publish a plan for the management of biodiversity in such region.
on own initiative but after consulting the MEC for environmental affairs in the relevant province; or at the request of a province or municipality.
Any person or organ of state, on request by the Minister, may assist in the preparation of a bioregional plan.
may enter into an agreement with a neighbouring country to secure the effective implementation of the plan; and must submit to Parliament a copy of any agreement entered into in terms of paragraph (a).
the directive principles set out in any legislation regulating land use management, land development and spatial planning administered by the Cabinet member responsible for land affairs; and any relevant international agreements binding on the Republic.
The Minister must review a bioregional plan published in terms of section 39 (1) (b) at least every five years, and assess compliance with the plan and the extent to which its objectives are being met.
The Minister may, when necessary, by notice in the Government Gazette, amend a bioregional plan or the boundaries of the bioregion in which the plan applies.
a migratory species to give effect to the Republic's obligations in terms of an international agreement binding on the Republic; or a threatened ecosystem.
Before approving a draft biodiversity management plan, the Minister must identify a suitable person, organisation or organ of state which is willing to be responsible for the implementation of the plan.
assign responsibility for the implementation of the plan to the person, organisation or organ of state identified in terms of subsection (2).
any relevant international agreements binding on the Republic.
The Minister must review a biodiversity management plan published in terms of section 42 (3) at least every five years, and assess compliance with the plan and the extent to which its objectives are being met.
The Minister, either on own initiative or on request by an interested person, organisation or organ of state, may by notice in the Government Gazette amend a biodiversity management plan published in terms of section 42 (3).
the person, organisation or organ of state implementing the plan; and any organ of state whose activities are affected by the implementation of the plan.
Before adopting or approving the national biodiversity framework, a bioregional plan or a biodiversity management plan, or any amendment to such a plan, the Minister must follow a consultative process in accordance with sections 95 and 96.
any integrated development plans adopted by municipalities in terms of the Local Government: Municipal Systems Act, 2000 (Act No.
any spatial development frameworks in terms of any legislation regulating land use management, land development and spatial planning administered by the Cabinet member responsible for land affairs; and any other plans prepared in terms of national or provincial legislation that are affected.
incorporate into that plan those provisions of the national biodiversity framework or a bioregional plan that specifically apply to it; and demonstrate in its plan how the national biodiversity framework and any applicable bioregional plan will be implemented by that organ of state or municipality.
assist the Minister and others involved in the preparation of the national biodiversity framework, a bioregional plan or a biodiversity management plan to comply with subsection (1); and make recommendations to organ of states or municipalities referred to in subsection (2) to align their plans referred to in that subsection with the national biodiversity framework and any applicable bioregional plan.
the conservation status of various components of South Africa's biodiversity; and any negative and positive trends affecting the conservation status of the various components.
The Minister may require any person, organisation or organ of state involved in terms of subsection (1) in monitoring the matters referred to in that subsection, to report regularly to the Minister on the results of such monitoring measured against the predetermined indicators.
annually report to Parliament on the information submitted to the Minister in terms of subsection (2); and make such information publicly available.
The Minister must promote research by the Institute and other institutions on biodiversity conservation, including the sustainable use, protection and conservation of indigenous biological resources.
the determination of biodiversity conservation needs and priorities; and the sustainable use, protection and conservation of indigenous biological resources.
to give effect to the Republic's obligations under international agreements regulating international trade in specimens of endangered species; and ensure that the commercial utilization of biodiversity is managed in an ecologically sustainable way.
vulnerable species; and protected species.
The Minister must regularly review the lists published in terms of subsection (1).
No person may without a permit issued in terms of Chapter 7 carry out a restricted activity involving a specimen of a listed threatened or protected species.
which is of a nature that may negatively impact on the survival of a listed threatened or protected species; and which is specified in the notice.
The Minister may by notice in the Government Gazette amend or repeal any notice published in terms of section 50 (1) or 51 (2).
may make information and documentation relating to such an international agreement publicly available; and may prescribe a system for the registration of institutions, ranching operations, nurseries, captive breeding operations and other facilities.
The Minister must establish a scientific authority for purpose of assisting in regulating and restricting the trade in specimens of listed threatened or protected species.
The Institute must provide logistical, administrative and financial support for the proper functioning of the scientific authority.
prescribed; or delegated to it by the Minister in terms of section 47D of the National Environmental Management Act; and deal with any other matter necessary for or reasonably incidental to its functions.
base its findings, recommendations and advice on a scientific and professional review of available information; and consult, when necessary, organs of state, the private sector, non-governmental organisations, local communities and other stakeholders before making any findings or recommendations or giving any advice.
The scientific authority must publish by notice in the Government Gazette any annual non-detriment findings on trade in specimens of endangered species in accordance with an international agreement regulating international trade in specimens of endangered species which is binding on the Republic.
Any interim findings of the scientific authority must be published in the Government Gazette for public information within 30 days after the decision has been made.
Before publishing a notice in terms of section 50 (1) or 51 (2), or amending or repealing such a notice in terms of section 52, the Minister must follow a consultative process in accordance with sections 95 and 96.
that may be necessary to minimise the threat to the survival in the wild of a listed threatened or protected species; or to ensure that the commercial utilization of biodiversity is managed in an ecologically sustainable way.
to manage and control alien species and invasive species to prevent or minimize harm to the environment and to biodiversity in particular; and to eradicate alien species and invasive species from ecosystems and habitats where they may harm such ecosystems or habitats.
be read without prejudice to the provisions of the Conservation of Agricultural Resources Act,1983 (Act No. 43 of 1983); and be implemented in co-operation with the Department of Agriculture in accordance with an agreement between the Minister and the Cabinet member responsible for agriculture.
For the purposes of this Chapter, "specimen" has the meaning assigned to it in paragraphs (a) and (b) of the definition of "specimen" in section 1 (1).
No person may without a permit issued in terms of Chapter 7 carry out a restricted activity involving a specimen of an alien species.
A permit in terms of subsection (1) may be issued only after any prescribed assessment of risks and potential impacts on biodiversity referred to in section 74 (e) has been carried out.
Section 60 does not apply to an alien species which immediately before that section took effect was lawfully utilised in the Republic for the production of agricultural products.
any alien species specified in the notice; or any alien species of a category specified in the notice.
Any person may without a permit mentioned in section 60 (1) carry out a restricted activity involving a specimen of an exempted alien species referred to in subsection (1) or (2) of this section.
The Minister may by notice in the Government Gazette publish a list of those alien species in respect of which no permit mentioned in section 60 (1) may be issued.
No person may carry out any restricted activity involving a specimen of an alien species listed in terms of subsection (1).
The Minister must regularly review a list published in terms of subsection (1).
comply with the conditions subject to which the permit has been issued; and take all reasonable steps to prevent or minimize harm to biodiversity.
as may be necessary to remedy any harm to biodiversity caused by the actions of that person; and as may be specified in the directive.
implement the directive; and recover from that person all costs reasonably incurred by the competent authority in implementing the directive.
Should an alien species establish itself in nature as an invasive species because of the actions of a specific person, a competent authority may hold that person liable for any costs incurred in the control and eradication of that species.
The Minister may by notice in the Government Gazette publish a list of invasive species to which this Chapter applies.
No person may without a permit issued in terms of Chapter 7 carry out a restricted activity involving a specimen of a listed invasive species.
The Minister may by notice in the Government Gazette amend or repeal any notice published in terms of section 65 (1).
take steps to control and eradicate listed invasive species and to prevent it from spreading; and take all other reasonable steps to prevent or minimize harm to biodiversity.
the actions of that person; or the occurrence of the listed invasive species on land of which that person is the owner; and as may be specified in the directive.
from that person; or proportionally from that person and any other person who benefited from implementation of the directive.
Any person may request a competent authority, in writing, to issue a directive in terms of section 68 (3).
The competent authority must reply to the request, in writing, within 30 days of receipt of the request.
Should the competent authority fail to respond to the request within the stated period or refuses the request, the person who made the request may apply to a court for an order directing the competent authority to issue the directive.
Control and eradication of a listed invasive species must be carried out by means of such methods as are appropriate for the species concerned and the environment in which it occurs.
Any action taken to control and eradicate a listed invasive species must be executed with caution and in a manner that will cause the least possible harm to biodiversity and damage to the environment.
The methods employed to control and eradicate a listed invasive species must also be directed at the offspring, propagating material and re-growth of such invasive species in order to prevent such species from producing offspring, forming seed, regenerating or re-establishing itself in any manner.
The management authority of a protected area preparing a management plan for the area in accordance with section 59 of the National Environmental Management: Protected Areas Act, 2003, must incorporate into the management plan an invasive species control and eradication strategy.
All organs of state in all spheres of government must prepare an invasive species monitoring, control and eradication plan for land under their control, as part of their environmental plans in accordance with section 11 of the National Environmental Management Act. The invasive species control and eradication plans of municipalities must be part of their integrated development plans.
The Minister may request the Institute to assist municipalities in complying with their duties in terms of subsection (2).
a status report on the efficacy of previous control and eradication measures; and the current measures to control and eradicate such invasive species.
The management authority of a protected area must at regular intervals prepare and submit to the Minister or the MEC for environmental affairs in the province a report on the status of any listed invasive species that occurs in that area.
an assessment of the extent of such infestation; and a report on the efficacy of previous control and eradication measures.
Before publishing a notice in terms of section 61 (2), 62 (1) or 65 (1), or amending or repealing such a notice in terms of section 63 or 67, the Minister must follow a consultative process in accordance with sections 95 and 96.
concerning the assessment of risks and potential impacts on biodiversity of restricted activities involving specimens of alien species or of listed invasive species; and relating to the control and eradication of listed invasive species.
to regulate bioprospecting involving indigenous biological resources; and to ensure the equitable sharing of benefits arising from the commercialisation through bioprospecting of traditional uses or knowledge of indigenous biological resources, with persons or communities practising those traditional uses or knowledge.
genetic material of human origin; and any exotic animals, plants or other organisms, other than exotic animals, plants or other organisms referred to in paragraph (a) (iii).
No person may without a permit issued in terms of Chapter 7 engage in bioprospecting involving indigenous biological resources.
No holder of a permit referred to in section 76 may for the purpose of bioprospecting apply or exploit any traditional uses or knowledge of any specific indigenous biological resource, unless that permit holder has entered into a benefit- sharing agreement with the person or community practicing that traditional use or knowledge.
The person or community practicing that traditional use or knowledge may not unreasonably refuse to enter into such agreement with a permit holder if that traditional use or knowledge about such indigenous biological resources is in the public domain and not protected by legislation on intellectual property.
set out the manner in which and the extent to which the person or community practising that traditional use or knowledge will share in any profits, revenues or other benefits that may arise from the commercialisation through bioprospecting; of such traditional uses or knowledge; and particulars of any such benefits.
must be submitted to the Minister for approval; and does not take effect unless approved by the Minister.
The rights and obligations of a party to a benefit-sharing agreement may not be transferred to another person, except with the written approval of the Minister.
on request by the Minister, must ensure that the benefit-sharing arrangement agreed upon between the applicant and the other party is equitable; and must perform any other functions that may be prescribed.
A Bioprospecting Trust Fund is hereby established into which all moneys accruing in terms of benefit-sharing agreements to persons and communities referred to in section 77 (1) must be paid, and from which all payments to those beneficiaries must be made.
All moneys paid into the bioprospecting trust fund is trust money within the meaning of section 13 (1) (f) (ii) of the Public Finance Management Act.
must manage the Fund in the prescribed manner; and is accountable for the money in the Fund, subject to the Public Finance Management Act.
moneys payable in connection with benefit-sharing agreements; and the administration of the Bioprospecting Trust Fund.
bioprospecting involving indigenous biological resources in terms of section 76.
A person may apply for a permit by lodging an application on the prescribed form to the authority determined as the issuing authority for permits of the kind in question.
issue a permit unconditionally or issue it subject to conditions; or refuse a permit.
any applicable international agreements binding on the Republic; and any requirements that may be prescribed.
If compulsory conditions are prescribed for any kind of permit, an issuing authority may not issue a permit of that kind otherwise than subject to those conditions.
If an application is rejected, the issuing authority must within a reasonable time give reasons for the decision to the applicant in writing.
Before issuing a permit, the issuing authority may in writing require the applicant to furnish it, at the applicant's expense, with an independent risk assessment or expert evidence as the issuing authority may determine.
the conditions subject to which it is issued.
A permit issued in terms of section 83 does not absolve the holder or any other person from complying with the provisions of any other applicable legislation.
the benefits of allowing the activity are significantly greater than the costs associated with preventing or remedying any resultant damage to the environment or biodiversity; and it is satisfied that adequate measures have been taken by the applicant to prevent the escape and spread of the species.
exercise their respective powers jointly; and issue a single integrated permit instead of a separate permit and authorisation.
An authority empowered under that other legislation may issue an integrated permit for the activity in question if that authority is designated in terms of this Act also as an issuing authority for permits in respect of that activity.
the respective provisions in terms of which it has been issued; and the authority or authorities that have issued it.
any foreign law governing the permitted activity.
An applicant who feels aggrieved by the decision of an issuing authority in terms of section 83 (2) (c) or (d), or a permit holder whose permit has been cancelled in terms of section 88, may lodge with the Minister an appeal against the decision.
redirect the appeal to the MEC for environmental affairs in the relevant province to consider and decide the appeal; or designate a panel of persons to consider and decide the appeal.
An appeal does not suspend the decision against which the appeal is lodged unless the Minister, MEC or appeal panel considering the appeal directs otherwise.
a number of persons with appropriate knowledge as members of the panel; and one of the panel members as the presiding member.
The presiding member of the appeal panel decides when and where the panel meets.
consider and decide the appeal in accordance with a prescribed procedure; and keep a record of its proceedings and decisions.
either uphold or refuse the appeal; and when upholding or refusing the appeal, make such other orders as may be appropriate.
a condition subject to which the permit was issued, the Minister, MEC or appeal panel may withdraw or amend the condition; or the cancellation of a permit, the Minister, MEC or appeal panel may restore the permit.
the procedure to be followed and the fees to be paid in connection with the lodging and consideration of appeals; and any other matter that may be necessary to facilitate the implementation of this Chapter.
any other matter that may be prescribed in terms of this Act; and any other matter that may be necessary to facilitate the implementation of this Act.
Any regulation with direct fiscal implications may be made only with the concurrence of the Minister of Finance.
Before publishing any regulations in terms of subsection (1), or any amendment to the regulations, the Minister must follow a consultative process in accordance with sections 95 and 96.
Subsection (3) need not be applied to a minor or a mere technical change to the regulations.
categories of permits or appeals.
an appropriate fine; or both a fine and imprisonment.
Before exercising a power which, in terms of a provision of this Act, must be exercised in accordance with this section and section 96, the Minister must follow a consultative process as may be appropriate in the circumstances.
the MEC for environmental affairs of each province that will be affected by the exercise of the power; and allow public participation in the process in accordance with section 96.
in the Government Gazette; and in at least one newspaper distributed nationally, or if the exercise of the power will affect only a specific area, in at least one newspaper distributed in that area.
invite members of the public to submit to the Minister, within 21 days of publication of the notice in the Government Gazette, written representations on or objections to the proposed exercise of the power; and contain sufficient information to enable members of the public to submit meaningful representations or objections.
The Minister may in appropriate circumstances allow any interested person or community to present oral representations or objections to the Minister or a person designated by the Minister.
The Minister must give due consideration to all representations or objections received or presented before exercising the power.
a notice published in terms of section 51 (2); or a directive issued in terms of section 64 (2) or 68 (3).
performs the activity for which the permit was issued otherwise than in accordance with any conditions subject to which the permit was issued; or permits or allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a) or (b).
passes, uses, alters or has in possession any altered or false document purporting to be a permit; or knowingly makes any false statement or report for the purpose of obtaining a permit.
on a first conviction, to a fine not exceeding R250 000 or imprisonment for a period not exceeding two years, or to both a fine and imprisonment; and on a second or subsequent conviction, to a fine not exceeding R500 000 or imprisonment for a period not exceeding five years, or to both a fine and imprisonment, or to imprisonment without the option of a fine; or in case of any other offence, to a fine not exceeding R10 000 or imprisonment for a period not exceeding one year, or to both a fine and imprisonment.
The Forest Act, 1984 (Act No.
Anything done in terms of the Forest Act, 1984 (Act No. 122 of 1984), which can or must be done in terms of this Act must be regarded as having been done in terms of this Act.
the chief executive officer of the National Botanical Institute becomes the acting chief executive officer of the National Biodiversity Institute and remains the acting chief executive officer until the Board appoints a person as the chief executive officer of the Institute in terms of section 28; and all staff members of the National Botanical Institute, including its chief executive officer, must be regarded as having been appointed in terms of section 29 as staff members of the National Biodiversity Institute subject to the same service conditions which applied to them immediately before the repeal of the Forest Act, 1984.
Subsection (2) (c) does not affect pension, leave and other benefits which accrued to staff members referred to in that subsection before the repeal of the Forest Act, 1984, and such benefits must be respected as if there were no break in their service.
all assets and liabilities and all rights and obligations of the National Botanical Institute are vested in the National Biodiversity Institute; and any balance in the National Botanical Institute Fund referred to in section 64 of that Act must be paid to the National Biodiversity Institute.
Any party involved at the commencement of Chapter 6 in a bioprospecting project to which section 77 applies, may despite that section continue with the project pending the negotiation and entry into force of an appropriate benefit-sharing agreement in terms of that Chapter.
Subsection (1) lapses one year after Chapter 6 took effect.
This Act is called the National Environmental Management: Biodiversity Act, 2003, and takes effect on a date determined by the President by proclamation.
Different dates may in terms of subsection (1) be determined for different provisions of the Act.