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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 2 : Invasive species

70. List of invasive species

 

(1)        

(a) The Minister must within 24 months of the date on which this section takes effect, by notice in the Gazette, publish a national list of invasive species in respect of which this Chapter must be applied nationally.
(b) The MEC for environmental affairs in a province may, by notice in the Gazette, publish a provincial list of invasive species in respect of which this Chapter must be applied in the province.

 

(2) The Minister or the MEC for environmental affairs in a relevant province must regularly review the national list or any provincial list published in terms of subsection (1), as may be appropriate.

 

(3) An MEC for Environmental Affairs may only publish or amend a provincial list in terms of subsection (1) or (2) with the concurrence of the Minister.

 

(4) A notice in terms of subsection (1) may—
(a) apply generally—
(i) throughout the Republic or a province, as the case may be, or only in a specified area or a specified category of areas;
(ii) to all persons or only to a specified category of persons;
(iii) to all species or only to a specified species or a specified category of species; or
(b) differentiate between—
(i) areas or categories of areas;
(ii) persons or categories of persons; or
(iii) species or categories of species.

[Section 70(4) inserted by section 14 of Act No. 14 of 2013]