This contains UNCERTIFIED COPY for information/reference. For authentic copy, 7please refer to certified copy only.  In case of any mistake, please bring it to our notice.


LegalB's Resources 
QUICK LINKS: ROOT DATABASE | OVERVIEW | VERSIONS & TEXT ACCESS  | TIMELINE | SUBORDINATE TEXTS | COMMENTARY | POTENTIAL TRANSGRESSOR LISTS | TRANSGRESSION ANALYSIS | EMAIL A REQUEST FOR UPDATES | HELP | CONTACT US | SEARCH SITE | LOG OUT |

South Africa
NATIONAL LEGISLATION OVERVIEWS
LegalB Logo
National Environmental Management: Biodiversity Act, No. 10 of 2004

Long title


To provide for the management and conservation of South Africa's biodiversity within the framework of the National Environmental Management Act, 1998; the protection of species and ecosystems that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bioprospecting involving indigenous biological resources; the establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith.

Table of contents

SECTION TITLE

TABLE OF CONTENTS

CHAPTER 1. INTERPRETATION, OBJECTIVES AND APPLICATION OF ACT
1. Definitions
2. Objectives of Act
3. State's trusteeship of biological diversity
4. Application of Act
5. Application of international agreements
6. Application of other biodiversity legislation
7. National environmental management principles
8. Conflicts with other legislation
9. Norms and standards
9A. Prohibition of certain activities [,,, inserted b Act 2022_002_046_20220624]

CHAPTER 2. SOUTH AFRICAN NATIONAL BIODIVERSITY INSTITUTE

Part 1. Establishment, powers and duties of Institute
10. Establishment
11. Functions
12. General powers

Part 2. Governing board, composition and membership
13. Composition
14. Qualifications
15. Appointment procedure
16. Chairperson
17. Term of office
18. Conditions of appointment
19. Conduct of members
20. Termination of membership
21. Removal from office
22. Filling of vacancies

Part 3. Operating procedures of Board
23. Meetings
24. Procedures
25. Quorum and decisions
26. Committees
27. Delegation of powers and duties

Part 4. Administration of Institute
28. Appointment of Chief Executive Officer
29. Employment of staff

Part 5. Financial matters
30. Financial accountability
31. Funding
32. Investments

Part 6. National botanical gardens
33. Declaration
34. Amendment or withdrawal of declarations

Part 7. General
35. Minister's supervisory powers
36. Absence of functional Board
36A. Winding up of dissolution of Institute [...inserted by Act 2009_014_033_20090527]

CHAPTER 3. BIODIVERSITY PLANNING AND MONITORING
37. Purpose of Chapter

Part 1. Biodiversity planning
38. National biodiversity framework
39. Contents of national biodiversity framework
40. Bioregions and bioregional plans
41. Contents of bioregional plans
42. Review and amendment of bioregional plans
43. Biodiversity management plans
44. Biodiversity management agreements
45. Contents of biodiversity management plans
46. Review and amendment of biodiversity management plans
47. Consultation

Part 2. Co-ordination and alignment of plans, monitoring and research
48. Co-ordination and alignment of biodiversity plans
49. Monitoring
50. Research

CHAPTER 4. THREATENED OR PROTECTED ECOSYSTEMS AND SPECIES
51. Purpose of Chapter

Part 1. Protection of threatened or protected ecosystems
52. Ecosystems that are threatened or in need of protection
53. Threatening processes in listed ecosystems
54. Certain plans to take into account protection of listed ecosystems
55. Amendment of notices

Part 2. Protection of threatened or protected species
56. Listing of species that are threatened or in need of national protection
57. Restricted activities involving listed threatened or protected species and species to which an international agreement regulating international trade applies [...Title amended by Act 2013_014_005(a)_20130724 - was entitled "Restricted activities involving listed threatened or protected species"]
58. Amendment of notices

Part 3. Trade in listed threatened or protected species
59. Functions of Minister
60. Establishment of scientific authority
61. Functions of scientific authority
62. Annual non-detriment findings
62A. Amendment of notices [...inserted by Act 2013_014_010_20130724]

Part 4. General provisions
63. Consultation

CHAPTER 5. SPECIES AND ORGANISMS POSING POTENTIAL THREATS TO BIODIVERSITY
64. Purposes of Chapter

Part 1. Alien species
65. Restricted activities involving alien species
66. Exemptions
67. Restricted activities involving certain alien species totally prohibited
68. Amendment of notices
69. Duty of care relating to alien species

Part 2. Invasive species
70. List of invasive species
71. Restricted activities involving listed invasive species
71A. Prohibitions [...inserted by Act 2013_014_016_20130724]
72. Amendment of notices
73. Duty of care relating to listed invasive species
74. Requests to competent authorities to issue directives
75. Control and eradication of listed invasive species
76. Invasive species control plans of organs of state
77. Invasive species status reports

Part 3. Other Threats
78. Genetically modified organisms

Part 4. General provisions
79. Consultation

CHAPTER 6. BIOPROSPECTING ACCESS AND BENEFIT-SHARING
80. Purpose and application of Chapter
81. Permits [NOTE: Act 2004_010_000_20040607 Table of Contents indexes title as "Bioprospecting involving indigenous biological resources"] 
81A. Notification requirements [...inserted by Act 2009_014_039_20130724]
82 Certain interests to be protected before permits are issued [NOTE: Act 2004_010_000_20040607 Table of Contents indexes title as "Benefit-sharing agreements"]
83. Benefit-sharing agreements [NOTE: Act 2004_010_000_20040607 Table of Contents indexes title as "Export of listed indigenous biological resources"]
84. Material transfer agreements
85. Establishment of Bioprospecting Trust Fund
86. Exemptions

CHAPTER 7. PERMITS
87. Purpose of Chapter
87A. Issuing authority [...inserted by Act 2013_014_022_20130724]

Part 1. Permit system
88. Application for permits
89. Risk assessments and expert evidence
90. Permits
91. Additional requirements relating to alien and invasive species
92. Integrated permits
92A. Refusal of permits [...inserted by Act 2013_014_024_20130724]
93. Cancellation of permits
93A. Renewal and amendment of permits [...inserted by Act 2009_014_044_20090527]
93B. Suspension of permits [...inserted by Act 2013_014_026_20130724]

Part 2. Appeals
94. [...repealed by Act 2013_014_027_20130724 - was entitled "Appeals to be lodged with Minister"]
95. [...repealed by Act 2013_014_028_20130724 - was entitled "Appeal panels"]
96. [...repealed by Act 2013_014_029_20130724 - was entitled "Decisions"]

CHAPTER 8. ADMINISTRATION OF ACT

Part1. Regulations
97. Regulations by Minister
98. General

Part 2. Consultation process
99. Consultation
100. Public participation

CHAPTER 9. OFFENCES AND PENALTIES
101. Offences
102. Penalties

CHAPTER 10. MISCELLANEOUS
103. Repeal of Act 122 of 1984
104. Savings
105. ... [...self-lapsed by Act 2004_010_105(2)_20040607 - section entitled "Existing bioprospecting projects"]
105A.  Emergency incidents [...inserted by Act 2013_014_034_20130724]
105B.  Amnesty [...inserted by Act 2013_014_034_20130724]
106. Short title and commencement
 
Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
Access Official Gazette PDF  Request Subscription Fee Subscriber Access
As unamended Act 2004_010_000_20040607 EXT.LINK REQ.INFO LINK
As amended by Act 2009_014_000_20090527 .  N/A REQ.INFO LINK
As amended by Act 2013_014_000_20130724 .  N/A REQ.INFO LINK
As amended by Act 2022_002_000_20220624 . N/A REQ.INFO LINK
As amended by ... N/A REQ.INFO LINK

* LegalB refers to a "version" of an Act or its sections in the format "YYYY_NNN_SSS_YYYYMMDD", which refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE", and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face of the Gazette in which either the Act was originally published or in which the amending, lapsing or repealing instrument was published. Where any segment of the reference string contains only zeros, it means that information is not relevant, not made available, or unavailable.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.
TOP
Copyright Rita V. Felgate 2019