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National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Chapter 2 : South African National Biodiversity Institute

Part 1 : Establishment, powers and duties of Institute

11. Functions

 

(1) The Institute—
(a) must monitor and report regularly to the Minister on—
(i) the status of the Republic's biodiversity;
(ii) the conservation status of all listed threatened or protected species and listed ecosystems; and
(iii) the status of all listed invasive species;
(b) must monitor and report regularly to the Minister on the environmental impacts of all categories of genetically modified organism, post commercial release, based on research that identified and evaluates risk;

[Section 11(1)(b) substituted by section 30 of Act No. 14 of 2009]

(c) may act as an advisory and consultative body on matters relating to biodiversity to organs of state and other biodiversity stakeholders;
(d) must coordinate and promote the taxonomy of South Africa’s biodiversity;
(e) must manage, control and maintain all national botanical gardens;
(f) may establish, manage, control and maintain—
(i) herbaria; and
(ii) collections of dead animals that may exist;
(g) must establish facilities for horticulture display, environmental education, visitor amenities and research;
(h) must establish, maintain, protect and preserve collections of plants in national botanical gardens and in herbaria;
(i) may establish, maintain, protect and preserve collections of animals and micro-organisms in appropriate enclosures;
(j) must collect, generate, process, coordinate and disseminate information about biodiversity and the sustainable use of indigenous biological resources, and establish and maintain databases in this regard;
(k) may allow, regulate or prohibit access by the public to national botanical gardens, herbaria and other places under the control of the Institute, and supply plants, information, meals or refreshments or render other services to visitors;
(l) may undertake and promote research on indigenous biodiversity and the sustainable use of indigenous biological resources;
(m) may coordinate and implement programmes for—
(i) the rehabilitation of ecosystems; and
(ii) the prevention, control or eradication of listed invasive species;
(n) may coordinate programmes to involve civil society in—
(i) the conservation and sustainable use of indigenous biological resources;
(ii) the rehabilitation of ecosystems;
(o) on the Minister’s request, must assist him or her in the performance of duties and the exercise of powers assigned to the Minister in terms of this Act;
(p) on the Minister’s request, must advise him or her on any matter regulated in terms of this Act, including—
(i) the implementation of this Act and any international agreements affecting biodiversity which are binding on the Republic;
(ii) the identification of bioregions and the contents of any bioregional plans;
(iii) other aspects of biodiversity planning;
(iv) the management and conservation of biological diversity; and
(v) the sustainable use of indigenous biological resources;
(q) on the Minister's request, must advise him or her on the declaration and management of, and development in, national protected areas: and
(r) must perform any other duties—
(i) assigned to it in terms of this Act; or
(ii) as may be prescribed.

 

(2) When the Institute in terms of subsection (1) gives advice on a scientific matter, it may consult any appropriate organ of state or other institution which has expertise in that matter.