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

Chapter 5 : Species and Organisms Posing Potential Threats to Biodiversity

Part 1 : Alien species

69. Duty of care relating to alien species

 

(1) A person authorised by permit, in terms of section 65(1), to carry out a restricted activity involving a specimen of an alien species must—
(a) comply with the conditions under which the permit has been issued; and
(b) take all required steps to prevent or minimise harm to biodiversity.

 

(2) A competent authority may, in writing, direct any person who has failed to comply with subsection (1), or who has contravened section 65(1) or 67(2), to take such steps—
(a) as may be necessary to remedy any harm to biodiversity caused by the actions of that person; and
(b) as may be specified in the directive.

 

(3) If that person fails to comply with a directive issued in terms of subsection (2), the competent authority may—
(a) implement the directive; and
(b) recover from that person all costs incurred by the competent authority in implementing the directive.

 

(4) Should an alien species establish itself in nature as an invasive species because of the actions of a specific person, a competent authority may hold that person liable for any costs incurred in the control and eradication of that species.