| 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] |