National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) Chapter 1 : Interpretation, Objectives and Application of Act 1. Definitions

 

 

"alien species"

means—

 

"benefit"

in relation to bioprospecting involving indigenous biological resources, means any benefit, whether commercial or not, arising from bioprospecting involving such resources, and includes both monetary and non-monetary returns;

 

"biological diversity" or "biodiversity"

means the variability among living organisms from all sources including, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and also includes diversity within species, between species, and of ecosystems;

 

"biodiversity sector"

means any sector or sub-sector that carries out restricted activities involving indigenous biological resources, whether for commercial or for conservation purposes;

[Definition inserted by section 1(a) of Act No. 14 of 2013]

 

"bioprospecting"

in relation to indigenous biological resources, means any research on, or development or application of, indigenous biological resources for commercial or industrial exploitation, and includes—

[Paragraph (d) inserted by section 1(b) of Act No. 14 of 2013]

[Definition amended by section 1(b) of Act No. 14 of 2013]

 

"bioregion"

means a geographic region which has in terms of section 40(1) been determined as a bioregion for the purposes of this Act;

 

"Board"

means the board referred to in section 13;

 

"commercial exploitation"

means the engaging in any bioprospecting activity with the intention of making a profit;

[Definition inserted by section 1(c) of Act No. 14 of 2013]

 

"commercialisation"

in relation to indigenous biological resources, includes the following activities:

[Definition substituted by section 1(d) of Act No. 14 of 2013]

 

"commercialisation phase of bioprospecting"

means any research on, or development or application of, indigenous biological resources where the nature and extent of any actual or potential commercial or industrial exploitation in relation to the project is sufficiently established to begin the process of commercialisation;

[Definition inserted by section 29 of Act No. 14 of 2009]

 

"competent authority"

in relation to the control of an alien or invasive species, means—

[Definition substituted by section 1(e) of Act No. 14 of 2013]

 

"components"

in relation to biodiversity, includes species, ecological communities, genes, genomes, ecosystems, habitats and ecological processes;

 

"control"

in relation to an alien or invasive species, means—

 

"critically endangered ecosystem"

means any ecosystem listed as a critically endangered ecosystem in terms of section 52(2);

 

"critically endangered species"

means any indigenous species listed as a critically endangered species in terms of section 56;

 

"delegation"

has the meaning assigned to it in section 1 of the National Environmental Management Act, 1998;

[Definition substituted by section 1 (f) of Act No. 14 of 2013]

 

"Department"

means the national Department responsible for environmental affairs;

[Definition substituted by section 1(g) of Act No. 14 of 2013]

 

"derivative"

in relation to an animal, plant or other organism, means any part, tissue or extract of an animal, plant or other organism, whether fresh, preserved or processed, and includes any genetic material or chemical compound derived from such part, tissue or extract;

[Definition substituted by section 1(h) of Act No. 14 of 2013]

 

"Director-General"

means the Director-General of the Department;

 

"discovery phase of bioprospecting"

means any research on, or development or application of, indigenous biological resources where the nature and extent of any actual or potential commercial or industrial exploitation in relation to the project is not sufficiently clear or known to begin the process of commercialisation;

[Definition inserted by section 29 of Act No. 14 of 2009]

 

"ecological community"

means an integrated group of species inhabiting a given area;

 

"ecosystem"

means a dynamic complex of animal, plant and micro-organism communities and their non-living environment interacting as a functional unit;

 

"endangered ecosystem"

means any ecosystem listed as an endangered ecosystem in terms of section 52(2);

 

"endangered species"

means any indigenous species listed as an endangered species in terms of section 56;

 

"environmental management inspector"

means a person authorised in terms of the National Environmental Management Act to enforce the provisions of this Act;

 

"export"

in relation to the Republic, means to take out or transfer, or attempt to take out or transfer, from a place within the Republic to another country or to international waters;

 

"Gazette"

when used—

 

"genetic material"

means any material of animal, plant, microbial or other biological origin containing functional units of heredity;

 

"genetic resource"

includes—

[Paragraph (b) substituted by section 1(i) of Act No. 14 of 2013]

 

"habitat"

means a place where a species or ecological community naturally occurs;

 

"import"

in relation to the Republic—

 

"indigenous biological resource"—

 

"indigenous species"

means a species that occurs, or has historically occurred, naturally in a free state in nature within the borders of the Republic, but excludes a species that has been introduced in the Republic as a result of human activity;

 

"Institute"

means the South African National Biodiversity Institute established in terms of section 10;

 

"introduction"

in relation to a species, means the introduction by humans, whether deliberately or accidentally, of a species to a place outside the natural range or natural dispersal potential of that species;

 

"introduction from the sea"

in relation to a specimen of any species, means the transportation into the Republic of a specimen taken from a marine environment not under the jurisdiction of any state;

 

"invasive species"

means any species whose establishment and spread outside of its natural distribution range—

 

"issuing authority"

in relation to permits regulating the matters mentioned in section 87, means—

[Definition substituted by section 1 (j) of Act No. 14 of 2013]

 

"listed ecosystem"

means any ecosystem listed in terms of section 52(1);

 

"listed invasive species"

means any invasive species listed in terms of section 70(1);

 

"listed threatened or protected species"

means any species listed in terms of section 56(1);

 

"local community"

means any community of people living or having rights or interests in a distinct geographical area;

 

"management authority"

in relation to a protected area, means an authority to whom the management of a protected area has been assigned;

 

"MEC for Environmental Affairs"

means a member of the Executive Council of a province who is responsible for the conservation of biodiversity in the province;

 

"migratory species"

means the entire population or any geographically separate part of the population of any species or lower taxon of wild animals, a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries;

 

"Minister"

means the Cabinet member responsible for national environmental management;

 

"municipality"

means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

"national botanical garden"

means land declared or regarded as having been declared as a national botanical garden in terms of section 33, and includes any land declared in terms of section 33 as part of an existing botanical garden;

 

"National Environmental Management Act"

means the National Environmental Management Act, 1998 (Act No. 107 of 1998);

 

"national environmental management principles"

means the principles referred to in section 7;

 

"non-detriment findings"

means the determination of the non-detrimental impact of an action on the survival of a species in the wild;

 

"organ of state"

has the meaning assigned to it in section 239 of the Constitution;

 

"permit"

means a permit issued in terms of Chapter 7;

 

"prescribe"

means prescribe by regulation in terms of section 97;

 

"protected area"

means a protected area defined in the Protected Areas Act;

 

"Protected Areas Act"

means the National Environmental Management: Protected Areas Act, 2003;

 

"protected ecosystem"

means any ecosystem listed as a protected ecosystem in terms of section 52(2);

 

"protected species"

means any species listed as a protected species in terms of section 56;

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"re-export"

in relation to a specimen of a listed threatened or protects species, means the export from the Republic of a specimen of a listed threatened or protected species previously imported into the Republic;

 

"restricted activity"—

 

"self-administration"

means the introduction of measures to facilitate compliance with provisions of the Act and standards set by associations or organisations recognised through the system contemplated in terms of section 59(f) of the Act, but excludes measures that relate to the issuance of permits in terms of Chapter 7 or functions of environmental management inspectors;

[Definition inserted by section 1(k) of Act No. 14 of 2013]

 

"species"

means a kind of animal, plant or other organism that does not normally interbreed with individuals of another kind, and includes any sub‑species, cultivar, variety, geographic race, strain, hybrid or geographically separate population;

 

"specimen"

means—

 

"stakeholder"

means—

 

"subordinate legislation"

in relation to this Act, means—

 

"sustainable"

in relation to the use of a biological resource, means the use of such resource in a way and at a rate that—

 

"this Act"

includes any subordinate legislation issued in terms of a provision of this Act;

 

"threatening process"

means a process which threatens, or may threaten—

and includes any process identified in terms of section 53 as a threatening process;

 

"vulnerable ecosystem"

means any ecosystem listed as a vulnerable ecosystem in terms of section 52(2);

 

"vulnerable species"

means any indigenous species listed as a vulnerable species in terms of section 56.