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South Africa
WESTERN CAPE PROVINCIAL LEGISLATION OVERVIEWS
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Western Cape Biodiversity Act, No. 6 of 1998

Long title


To provide for the framework and institutions for nature conservation and the protection, management and sustainable use of biodiversity and ecosystems in the Province; and for matters incidental thereto.

Table of contents

SECTION TITLE
PREAMBLE
ARRANGEMENT OF SECTIONS

CHAPTER 1. INTERPRETATION, OBJECTIVES AND APPLICATION
1. Definitions
2. Objectives
3. Application
4. Conflicts with other legislation
CHAPTER 2. DUTIES AND PRINCIPLES
5. Duty of state
6. Principles of ecological sustainability
CHAPTER 3. ADMINISTRATION
7. Functions of Provincial Minister
8. Duties of Head of Department
CHAPTER 4. CAPE NATURe
Part 1. Establishment and functions of Cape Nature
9. Establishment
10. Duties of Cape Nature
11. Powers of Cape Nature
Part 2. Governing Board of Cape Nature
12. Functions of Board
13. Composition
14. Disqualification as Board member
15. Appointment to Board
16. Chairperson of Board
17. Term of office of non-executive members of Board
18. Conditions of appointment and remuneration
19. Conduct of members
20. Termination of membership
21. Removal and suspension
22. Filling of vacancies
Part 3. Operating procedures of Board
23. Meetings
24. Procedures
25. Quorum and decisions
26. Committees
Part 4.  Administration of Cape Nature
27. Chief Executive Officer
Part 5. Financial matters
28. Financial accountability and reporting
29. Funds
30. Reserve funds
31. Investments
Part 6. Dissolution of Board or Cape Nature
32. Dissolution of Board
33. Dissolution of Cape Nature
CHAPTER 5. BIODIVERSITY PLANNING AND MONITORING
34. Biodiversity Spatial Plan
35. Purpose of Biodiversity Spatial Plan
36. Contents of Biodiversity Spatial Plan
37. Use and application of Biodiversity Spatial Plan
38. Review of Biodiversity Spatial Plan
CHAPTER 6. PROTECTED AREAS, MOUNTAIN CATCHMENT AREAS, BIODIVERSITY STEWARDSHIP AND BIOSPHERE RESERVES
Part 1. Expansion of protected areas
39. Provincial Protected Areas Expansion Strategy

Part 2. Mountain catchment areas
40. Declaration of mountain catchment areas
41. Management of mountain catchment areas
Part 3. Biodiversity stewardship
42. Biodiversity stewardship
Part 4. Biosphere reserves
43. Application for UNESCO designation as biosphere reserve
44. Management of biosphere reserves
45. Biosphere Reserve Framework Plan
46. Funding of biosphere reserves
CHAPTER 7. PROTECTION OF ECOSYSTEMS, ECOLOGICAL INFRASTRUCTURE AND SPECIES
47. Ecosystems or ecological infrastructure in need of special protection
48. Biodiversity offsets and other mitigation measures
49. Species in need of protection or posing threat to environment
CHAPTER 8. AUTHORISATION
50. Application for authorisation
51. Decision on application for authorisation
52. Risk assessments and expert evidence
53. Proof of legal possession
54. Integrated authorisation
55. Review, suspension, withdrawal and amendment of authorisation
CHAPTER 9. COMPLIANCE AND ENFORCEMENT
Part 1. Compliance and enforcement officials and judicial matters
56. Designation of nature conservation officers, nature conservation rangers and honorary nature conservation officers
57. Declaration of nature conservation officers and nature conservation rangers as peace officers
58. Mandate of nature conservation officers and nature conservation rangers
59. Honorary nature conservation officers
60. Functions of nature conservation officers and nature conservation rangers
61. Identity card and letter of designation
62. General powers of nature conservation officers and nature conservation rangers
63. Routine inspections
64. Warrants
65. Powers to stop, enter and search vehicles, vessels, aircraft and other conveyance
66. Duty to produce documents
67. Treatment of seized specimen or item
68. Security for release of vehicles, vessels, aircraft or other conveyance
Part 2. Administrative enforcement mechanisms and penalties
69. Administrative enforcement
70. Failure to comply with directive
71. Administrative penalties
CHAPTER 10. OFFENCES AND PENALTIES
72. Offences
73. Penalties
74. Cancellation of authorisations
75. Award of costs
76. Forfeiture
CHAPTER 11. APPEALS
77. Appeal against decisions by Cape Nature officials
78. Appeal to Provincial Minister
CHAPTER 12. GENERAL AND TRANSITIONAL PROVISIONS
79. Exemption
80. Delegation
81. Regulations
82. Public notices
83. Performance standards
84. Consultation
85. Notices, legal documents and steps valid under certain circumstances
86. Limitation of liability
87. Repeal of laws
88. Transitional provisions
89. Short title and commencement
Sch.  SCHEDULE: REPEAL OF LAWS [s87]
.

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