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South Africa
NORTH WEST PROVINCIAL LEGISLATION OVERVIEWS
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North West Biodiversity Management Act, No. 4 of 2016

Long title


To provide for the management and conservation of the North West Province's biophysical environment and protected areas within the framework of the National Environment Management Act, 1998 (Act No 107 of 1998); to provide for the protection of species and ecological-systems that warrant provincial protection; to provide for the sustainable use of indigenous biological resources; and to provide for matters connected therewith. 

Table of contents

SECTION TITLE
PREAMBLE

ARRANGEMENT OF SECTIONS

CHAPTER 1. INTERPRETATION, OBJECTIVES AND APPLICATION OF ACT
1. Definitions
2. Purpose of Act
3. State's trusteeship of biological diversity
4. Application of Act
5. National environmental management principles
6. Conflicts with other legislation
7. Norms and standards
CHAPTER 2. BIODIVERSITY ADVISORY BODIES
8. Establishment of Biodiversity Advisory Bodies
CHAPTER 3. PROTECTED AREAS AND ECOSYSTEMS
Part 1. Nature Reserves and Protected Environments
9. Declaration of nature reserves and protected environments
Part 2. Threatened or Protected Ecosystems and Habitat Protection
10. Protection of threatened or protected ecosystems
11. Protection of riparian habitat
12. Protection of aquatic systems
CHAPTER 4. PROTECTION OF SPECIES
Part 1. Restricted activities involving listed threatened or protected species
13. Listing of species in need of provincial protection
14. Maintaining sustainable yield of viable populations of listed species
15. Restricted activities involving listed specially protected species
16. Exemptions
17. Restricted activities on land owned by person other than applicant
18. Application affecting rights of other persons
19. Additional requirements for possession of elephant ivory and rhinoceros horn
20. Amendment of notices
Part 2. Prohibited activities involving listed species
21. Prohibited activities involving listed large predators, White rhinoceros (Ceratotherium simum) or and Black rhinoceros (Diceros bocornis)
22. Prohibited activities involving listed Encephalartos (Cycads) species
23. Prohibited activities involving listed species
Part 3. Restricted activities involving ordinary species
24. Restricted activities involving ordinary species
25. Exemptions from complying with provisions of section 24
Part 4. Damage causing animals
26. Provinsions relating to damage causing animals
CHAPTER 5. SPECIES AND ORGANISMS POSING POTENTIAL THREATS TO BIODIVERSITY
Part 1. Management of alien species posing potential threats to biodiversity
27. Management of alien species posing potential threats to biodiversity
Part 2. Extra-limital
28. List of extra-limital species
29. Restricted activities involving listed extra-limital species
Part 3. Listed invasive species
30. List of invasive species
31. Restricted activities involving listed invasive species
32. Amendment of notices
33. Duty of care relating to listed invasive species
34. Requests for directives to competent authorities
35. Control and eradication of listed invasive species
36. Invasive species control plans of organs of state
37.Invasive species status reports
CHAPTER 6. REGISTRATION OF CAPTIVE BREEDING OPERATIONS, COMMERCIAL EXHIBITION FACILITIES, GAME FARMS, NURSERIES, SCIENTIFIC INSTITUTIONS, SANCTUARIES, REHABILITATION FACILITIES, WILDLIFE TRADERS, WILDLIFE TRANSLOCATORS, TEMPORARY HOLDING FACILITIES, FREIGHT AGENTS, FALCONERS, TAXIDERMISTS, PROFESSIONAL HUNTERS, HUNTING OUTFITTERS, AND PROFESSIONAL HUNTING SCHOOLS
Part 1. Compulsory registration requirements
38. Compulsory registration requirements

Part 2. Considerations, conditions and essential requirements for registration certificates
39.Application affecting the rights of other persons
40. Factors to be taken into account by Issuing Authority
41. Consideration of and decision on applications
42. Compulsory conditions for registration of captive breeding operatios, commercial exhibition facilities and reghabilitation facilities
43. Additonal compulsory condions for registration of commercial exhibition facilities
44. Compulsory condition for registration of sanctuaries
45. Compulsory condition for registration of wildlife translocators
46. Registratio of professional hunting schools, hunting outfitters and professional hunters
47. Minimum requirements for registration of professional hunters and hunting outfitters
48. Appointment of advisors for evaluation of hunting outfitters and professional hunters
CHAPTER 7. GENERAL
49. Movement of species
50. Leaving or making of openings in certain fences
CHAPTER 8. REGISTRATION CERTIFICATES. PERMITS, AND LICENSES
Part 1. Registration system, the issuing of permits and licenses
51. Issuing authorities
52. Types of permits
53. Persons who may apply for permits and registration certificates
54. Renewal of permits and provincial registration certificates
55. Exercising or performing of powers, functions or duties of owner where more than one person, partnership or other body holds land
56. Amendment of permits or registration certificates
57. Licences
Part 2. Appeals
58. Appeals to be lodged with responsible Member
CHAPTER 9. ENFORCEMENT AND ADMINISTRATION OF ACT
Part 1. Delegations
59. Delegations by responsible Member and Issuing Authority
Part 2. Appointment of External Auditors, Organizations and Environmental Management Officers
60. Appointment of External Advisors and Organizations
61. Appointment of Environmental Management Officers
62. Appointment of Honorary Environmental Management Officers
63. Prescribed standards
Part 3. Regulations and Incorporation of Standards
64. Regulations by responsible Member
65. Incorporation of standards by reference
Part 4. .Consultation process
66. Consultation
67. Public participation
CHAPTER 10. OFFENCES AND PENALTIES
68. Offences
69. Penalties
CHAPTER 11. MISCELLANEOUS
70. Repeal of laws
71. Savings
72. Short title and commencement
Sch. 1. SCHEDULE 1. REPEAL OF LAWS (Section 92)
Sch. 2. SCHEDULE 2. LIST OF SPECIALLY PROTECTED SPECIES (Section 13 of Act)
Sch. 3. SCHEDULE 3. LIST OF ORDINARY SPECIES (Section 13 of Act)
Sch. 4. SCHEDULE 4. LIST OF ORDINARY SPECIES TO BE HUNTED WITH LANDOWNER'S WRITTEN CONSENT (Sectoni 24(2) of Act)
Sch. 5. SCHEDULE 5. LIST OF SPECIES FOR CAPTURE AND CONVEYANCE BY MEANS OF A PRESCRIBED GAME MOVEMENT REGISTER (Section 49(1)(b) of Act)
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