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Table of Contents
National Environmental Management: Biodiversity Act, 2004
Notice No. 700 of 2004
Act
Chapter 1 : Interpretation, Objectives and Application of Act
1. Definitions
2. Objectives of Act
3. State's trusteeship of biological diversity
4. Application of Act
5. Application of international agreements
6. Application of other biodiversity legislation
7. National environmental management principles
8. Conflicts with other legislation
9. Norms and standards
Chapter 2 : South African National Biodiversity Institute
Part 1 : Establishment, powers and duties of Institute
10. Establishment
11. Functions
12. General powers
Part 2 : Governing board, composition and membership
13. Composition
14. Qualifications
15. Appointment procedure
16. Chairperson
17. Term of office
18. Conditions of appointment
19. Conduct of members
20. Termination of membership
21. Removal from office
22. Filling of vacancies
Part 3 : Operating procedures of Board
23. Meetings
24. Procedures
25. Quorum and decisions
26. Committees
27. Delegation of powers and duties
Part 4 : Administration of Institute
28. Appointment of Chief Executive Officer
29. Employment of staff
Part 5 : Financial matters
30. Financial accountability
31. Funding
32. Investments
Part 6 : National botanical gardens
33. Declaration
34. Amendment or withdrawal of declarations
Part 7 : General
35. Minister's supervisory powers
36. Absence of functional Board
36A. Winding up or dissolution of Institute
Chapter 3 : Biodiversity Planning and Monitoring
37. Purpose of Chapter
Part 1 : Biodiversity planning
38. National biodiversity framework
39. Contents of national biodiversity framework
40. Bioregions and bioregional plans
41. Contents of bioregional plans
42. Review and amendment of bioregional plans
43. Biodiversity management plans
44. Biodiversity management agreements
45. Contents of biodiversity management plans
46. Review and amendment of biodiversity management plans
47. Consultation
Part 2 : Co-ordination and alignment of plans, monitoring and research
48. Co-ordination and alignment of biodiversity plans
49. Monitoring
50. Research
Chapter 4 : Threatened or Protected Ecosystems and Species
51. Purpose of Chapter
Part 1 : Protection of threatened or protected ecosystems
52. Ecosystems that are threatened or in need of protection
53. Threatening processes in listed ecosystems
54. Certain plans to take into account in protection of listed ecosystems
55. Amendment of notices
Part 2 : Protection of threatened or protected species
56. Listing of species that are threatened or in need of national protection
57. Restricted activities involving listed threatened or protected species and species to which an international agreement regulating international trade applies
58. Amendment of notices
Part 3 : Trade in listed threatened or protected species
59. Functions of Minister
60. Establishment of scientific authority
61. Functions of scientific authority
62. Annual non-detriment findings
62A. Amendment of notices
Part 4 : General provisions
63. Consultation
Chapter 5 : Species and Organisms Posing Potential Threats to Biodiversity
64. Purposes of Chapter
Part 1 : Alien species
65. Restricted activities involving alien species
66. Exemptions
67. Restricted activities involving certain alien species totally prohibited
68. Amendment of notices
69. Duty of care relating to alien species
Part 2 : Invasive species
70. List of invasive species
71. Restricted activities involving listed invasive species
71A. Prohibitions
72. Amendment of notices
73. Duty of care relating to listed invasive species
74. Requests to competent authorities to issue directives
75. Control and eradication of listed invasive species
76. Invasive species control plans of organs of state
77. Invasive species status reports
Part 3 : Other Threats
78. Genetically modified organisms
Part 4 : General provisions
79. Consultation
Chapter 6 : Bioprospecting, Access and Benefit-Sharing
80. Purpose and application of Chapter
81. Permits
81A. Notification requirements
82. Certain interests to be protected before permits are issued
83. Benefit-sharing agreements
84. Material transfer agreements
85. Establishment of Bioprospecting Trust Fund
86. Exemptions
Chapter 7 : Permits
87. Purpose of Chapter
87A. Issuing authority
Part 1 : Permit system
88. Application for permits
89. Risk assessments and expert evidence
90. Permits
91. Additional requirements relating to alien and invasive species
92. Integrated permits
92A. Refusal of permits
93. Cancellation of permits
93A. Renewal and amendment of permits
93B. Suspension of permits
Part 2 : Appeals
94. [Repealed] Appeals to be lodged with Minister
95. [Repealed] Appeal panels
96. [Repealed] Decisions
Chapter 8 : Administration of Act
Part 1 : Regulations
97. Regulations by Minister
98. General
Part 2 : Consultation process
99. Consultation
100. Public participation
Chapter 9 : Offences and Penalties
101. Offences
102. Penalties
Chapter 10 : Miscellaneous
103. Repeal of Act 122 of 1984
104. Savings
105. Existing bioprospecting projects
105A. Emergency incidents
105B. Amnesty
106. Short title and commencement
Regulations
Bio-prospecting, Access and Benefit-Sharing Regulations, 2008
Notice No. R. 138 of 2008
Interpretation and Purpose of Regulations
1. Definitions
2. Purpose of Regulations
3. Application of Regulations
Chapter 1 : Conditions under which Bioprospecting and Research other than Bio-prospecting may be carried out
4. Bioprospecting
5. Research other than bioprospecting
Chapter 2 : Permit system for Bioprospecting and Exporting Indigenous Biological Resources
Part 1 : Issuing authorities
6. Designation of issuing authorities
7. Powers and duties of issuing authorities
8. Conditions subject to which issuing authorities may issue permits
Part 2 : Application for permits
9. Applicant
10. Application procedure
Part 3 : Issuing of permits and content of permits
11. Prospecting permits
12. Integrated export and bioprospecting permits
13. Export permit for research other than bioprospecting
Part 4 : Appeals
14. Decisions that are subject to appeal
15. Procedure on appeal
Chapter 3 : Material Transfer Agreements, Benefit-Sharing Agreements and the Administration of the Bioprospecting Trust Fund
Part 1 : Agreeements
16. Material transfer agreements
17. Benefit-sharing agreements
18. Duties of Permit-holder
Part 2 : Administration of the Bioprospecting Trust Fund
19. The administration of the Bioprospecting the Bioprospecting Trust Fund
Chapter 4 : General
20. Offences
21. Penalties
22. Transitional provisions
23. Short Title and commencement
Annexures
Annexure 1 : Prescribed Non-Refundable Fees
Annexure 2
Part 1 : Application for a Bioprospecting Permit
Part 2 : Application for an export permit for bioprospecting purposes
Annexure 3
Annexure 4 : Bioprospecting permit
Annexure 5 : Integrated export and bioprospecting permit
Annexure 6 : Export permit for the purpose of conducting research other than bioprospecting
Annexure 7 : Material transfer agreement
Annexure 8 : Benefit-sharing agreement
Commencement of on Bio-Prospecting, Access and Benefit-Sharing Regulations, 2008
Notice No. R. 137 of 2008
Threatened or Protected Marine Species Regulations, 2017
Notice No. R. 477 of 2017
Provisions Relating to Listed Threatened or Protected Marine Species
Chapter 1 : Interpretation and Purpose of these Regulations
1. Definitions
2. Purpose and application of these Regulations
3. Activities prescribed as restricted activities
Chapter 2 : Permit System for Listed Threatened or Protected Marine Species
Part 1 : Application for permits
4. Carrying out a restricted activity
5. Types of permits
6. Ordinary permits
7. Standing permits
Part 2 : Permit application procedure
8. Application for a permit
9. Submission of permit applications
10. Additional information required for certain applications
11. Restricted activities requiring the collection of DNA samples for genotyping
12. Compulsory marking of specimens
13. Restricted activities requiring a risk assessment
14. Risk assessment report
15. General requirements applicable to the person who will be carrying out a risk assessment
16. Disqualification of the risk assessment report
17. Identification of risk factors
Part 3 : Consideration of permit applications
18. Request by issuing authorities for additional information
19. Factors to be taken into account by issuing authorities when considering permit applications
Part 4 : Issuing of permits
20. Circumstances in which permits must be refused
21. Decision on permit applications and issuance of permits
22. Contents of permits
23. Compulsory permit conditions applicable to the holder of a permit
24. Compulsory conditions applicable to captive breeding facilities, rehabilitation facilities, temporary holding facilities and exhibition facilities
25. Compulsory conditions applicable to sanctuaries
26. Compulsory conditions applicable to permits for scientific purposes
27. Area of validity of permits
28. Period of validity of permits
Chapter 3 : Registration of Captive Breeding Fcailities, Rehabilitation Facilities, Sanctuaries, Temporary Holding Facilities, Exhibition Facilities and Wildlife Translocators
Part 1 : Registration of persons or facilities
29. Compulsory registration of captive breeding facilities, rehabilitation facilities, sanctuaries, temporary holding facilities, exhibition facilities and wildlife translocators
30. Issuing authorities for registration of persons or facilities
31. Application for registration
32. Submission of applications for registration
33. Additional information required for the registration of a captive breeding facility
34. Additional information required for the registration of a sanctuary, rehabilitation facility, temporary holding facility or exhibition facility
35. Additional information required for the registration as a wildlife translocator
36. Additional information required by the issuing authority
Part 2 : Consideration of registration applications
37. Factors to be taken into account by issuing authorities when considering registration applications
38. Time frames for issuing authority
Part 3 : Issuing of registration certificates
39. Contents of registration certificates
40. Compulsory conditions to be included on a registration certificate
41. Validity of registrations
42. Period of validity of registrations
Chapter 4 : Duties of Holders of Permits and Registrations
43. Duties of permit-holders
44. Duties of holders of registrations
Chapter 5 : Renewal, Amendment and Cancellation of Permits and Registrations
Part 1 : Renewal and amendment of permits and registrations
45. Renewal of permits
46. Consideration of and decision on renewal of permit applications
47. Amendment of permits or registrations
48. Applications for amendment by holders of permits or registrations
49. Consideration of and decision on applications for amendment
50. Amendment of permits or registrations on initiative of issuing authorities
Part 2 : Cancellation of permits and registrations
51. Cancellation of permits or registrations
52. Cancelled permits and registration certificates to be returned to issuing authorities
53. Permits or registrations may not be transferred
54. Lost or stolen permits or registration certificates
Part 3 : Reporting on permits by Issuing Authorities
55. Register to be established and maintained by issuing authorities
Chapter 6 : Associations or Organisations Involved in the Utilisation of Listed Threatened or Protected Marine Species
56. Recognition of associations or organisations
57. Codes of responsible conduct and good practice
58. Withdrawal of recognition of associations or organisations
Chapter 7 : Prohibition of Specific Restricted Activities under Certain Circumstances
59. Prohibition of the conveyance, movement or translocation of a listed threatened or protected marine animal species under certain circumstances
60. General circumstances relating to the prohibition to import, export, re-export or introduce from the sea a speciment of a listed threatened or protected marine species
61. Specific circumstances relating to the prohibition to possess and trade in specimens of listed protected marine species that are also included in Appendix 1 of CITES
62. Specific restricted activities by registered exhibitino facilities, captive breeding, rehabilitation facilities and sanctuaries involving a listed threatened or protected marine species prohibited under certain circumstances
Chapter 8 : The Regulation of Specific Restricted Activities Involving Certain Listed Threatened or Protected Marine Species
63. Regulation of restricted activities involving listed threatened or protected marine species
64. Catch, release and killing of listed threatened or protected marine species
Chapter 10 : Research Activities
65. The Scientific Authority
66. Restricted activities for scientific purposes
Chapter 11 : Permits for Boat-Based Whale and Dolphin Watching and White Shark Cage Diving
67. Boat-based whale and dolphin watching permits
68. White shark cage diving permits
69. Permit applications
70. Timeframes for issuing authorities
71. Additional factors to be taken into account by the issuing authority when considering applications for boat-based whale and dolphin watching permits and applications for white shark cage diving permits
72. Circumstances in which permits must be refused
73. Compulsory permit conditions applicable to the holder of a boat-based whale and dolphin watching permit or a white shark cage diving permit
74. Period of validity of a boat-based whale and dolphin watching permit or a white shark cage diving permit
75. Renewal of a boat-based whale and dolphin watching permit or a white shark cage diving permit
76. Regulation of restricted activities involving boat-based whale and dolphin watching and white shark cage diving
Transitional Provisions
Chapter 12 : Permits and Restricted Activities in terms of the Previous Regulations
77. Continuation of restricted activities carried out, and permits and registration certificates issued, under the previous regulations
78. Pending applications for permits, registration certificates and appeals
79. Criminal prosecution in terms of the previous Regulations
Chapter 13 : Offences and Penalties
80. Offences
81. Penalties
82. Repeal of the previous Regulations
83. Short title and commencement of these Regulations
Annexures
Annexure 1 : Permit application form
Annexure 2 : Applications for renewal of permits; applications for amendment of permits or registrations
Annexure 3 : Processing fees
Annexure 4 : Ordinary permit
Annexure 5 : Standing permit
Annexure 6 : Areas for boat-based whale and dolphin watching
Annexure 7 : Areas for white shark cage diving
Notices
Exemption: Indigenous Biological Resources or Relating Activities
Notice No. R. 149 of 2008
1. Definitions
2. Exemptions
Trade in Listed Threatened or Protected Species
Notice No. 431 of 2014
Norms and Standards: Marking of Rhinoceros and Rhinoceros Horn, and for the Hunting of Rhinoceros for Trophy Hunting Purposes
Notice No. 961 of 2018
1. Definitions
2. Application of these Norms and Standards
3. Marking of live rhinoceros and any rhinoceros horn
4. Management of the hunting of rhinoceros
5. Procedure for the collection of DNA samples
6. Disposal of rhinoceros horn
7. Transitional provision
Part 4 : General provisions
Purchase
79. Consultation
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