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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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 |
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