Acts Online
GT Shield

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

Chapter 3 : Biodiversity Planning and Monitoring

Part 2 : Co-ordination and alignment of plans, monitoring and research

48. Co-ordination and alignment of biodiversity plans

 

(1) The national biodiversity framework, a bioregional plan and a biodiversity management plan prepared in terms of this Chapter may not be in conflict with—
(a) any environmental implementation or environmental management plans prepared in terms of Chapter 3 of the National Environmental Management Act;
(b) any integrated development plans adopted by municipalities in terms of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);
(c) any spatial development frameworks in terms of legislation regulating land-use management, land development and spatial planning administered by the Cabinet member responsible for land affairs; and
(d) any other plans prepared in terms of national or provincial legislation that are affected.

 

(2) An organ of state that must prepare an environmental implementation or environmental management plan in terms of Chapter 3 of the National Environmental Management Act, and a municipality that must adopt an integrated development plan in terms of the Local Government: Municipal Systems Act, 2000, must—
(a) align its plan with the national biodiversity framework and any applicable bioregional plan;
(b) incorporate into that plan those provisions of the national biodiversity framework or a bioregional plan that specifically apply to it; and
(c) demonstrate in its plan how the national biodiversity framework and any applicable bioregional plan may be implemented by that organ of state or municipality.

 

(3) The Institute may—
(a) assist the Minister and others involved in the preparation of the national biodiversity framework, a bioregional plan or a biodiversity management plan to comply with subsection (1); and
(b) make recommendations to organs of states or municipalities referred to in subsection (2) to align their plans referred to in that subsection with the national biodiversity framework and any applicable bioregional plan.