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

Country/Territory
South Africa
Document type
Legislation
Date
2004
Source
FAO, FAOLEX
Long title
An Act to provide for the management and conservation of South Africa's biodiversity within the framework of the National Environmental Management Act, 1998; the protection of species and ecosystems that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bioprospecting involving indigenous biological resources; the establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith.
Subject
Environment gen., Wild species & ecosystems
Keyword
Ecosystem preservation Biosafety Biosecurity Indigenous peoples Basic legislation Biodiversity Data collection/reporting Policy/planning Education Wild fauna Wild flora Genetic resources Genetically modified organism (GMO) Institution Inventory Management/conservation Monitoring Protection of habitats Research Special fund Traditional rights/customary rights Use restrictions Wildlife products Endangered species Dangerous animal/harmful animal Biotechnology Enforcement/compliance Offences/penalties Access and benefit-sharing Protection of species Trade in species
Geographical area
Africa, South Atlantic, Southern Africa
Entry into force notes
This Act takes effect on a date determined by the President by Proclamation in the Gazette.
Abstract

The objectives of this Act are: (a) to provide, within the framework of the National Environmental Management Act, (i) the management and conservation of biological diversity within the Republic and of the components of such biological diversity ; (ii) the use of indigenous biological resources in a sustainable manner; and (iii) the fair and equitable sharing among stakeholders of benefits arising from bioprospecting involving indigenous biological resources; (b) to give effect to ratified international agreements relating to biodiversity which are binding on the Republic; (c) to provide for cooperative governance in biodiversity management and conservation; and (d) to provide for a South African National Biodiversity Institute to assist in achieving the objectives of this Act.” Biological diversity" or "biodiversity" here 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. The Act applies to the territory of the Republic including its territorial waters, exclusive economic zone and continental shelf.

Full text
English
Website
www.polity.org.za

References - Legislation

Repeals

Forest Act, 1984.

Legislation | South Africa | 1984 (1995)

Keyword: Forest management/forest conservation, Forestry protection measures, Afforestation/reforestation, Freshwater resources management

Source: FAO, FAOLEX

Implemented by

Biodiversity Management Plan for African Lion (Panthera Leo) (G.N. No. 1190 of 2015).

Legislation | South Africa | 2015

Keyword: Biodiversity, Endangered species, Policy/planning, Hunting/capture, Animal health, Pests/diseases, Wildlife products, International agreement-implementation, Protection of species, Access and benefit-sharing

Source: FAO, FAOLEX

Threatened or Protected Species Regulations, 2007 (No. R. 152 of 2007).

Legislation | South Africa | 2007

Keyword: Marine fisheries, Fishery management and conservation, Aquatic animals, Aquatic plants, Protection of species, Biodiversity, Hunting authorization/permit, Hunting gear/hunting methods, Hunting rights, Hunting/capture, Ranching/captive breeding, Authorization/permit, Wildlife products, Endangered species, Trade in species, Dangerous animal/harmful animal, Offences/penalties

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act, 2004: Notice of Exemption in Terms of section 8 (No. R. 149 of 2008).

Legislation | South Africa | 2008

Keyword: Aquaculture, Mariculture, Biodiversity, Genetic resources, Research, Authorization/permit, Access and benefit-sharing

Source: FAO, FAOLEX

Norms and Standards for Biodiversity Management Plans for Species (No. R. 214 of 2009).

Legislation | South Africa | 2009

Keyword: Biodiversity, Endangered species, Policy/planning, Protection of species

Source: FAO, FAOLEX

Norms and Standards for Biodiversity Management Plans for Species (BMP-s) (No. 1108 of 2007).

Legislation | South Africa | 2007

Keyword: Biodiversity, Endangered species, Policy/planning, Protection of species

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act, 2004: Publication of Lists of Critically Endangered, Endangered, Vulnerable and Protected Species (No. R. 151 of 2007).

Legislation | South Africa | 2007

Keyword: Biodiversity, Endangered species, Cartilaginous fishes, Protection of species

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act, 2004: marking of rhinoceros horn and hunting of white rhinoceros for trophy hunting purposes (No. 756 of 2009).

Legislation | South Africa | 2009

Keyword: Biodiversity, Wildlife products, Endangered species, International trade, Marking/identification, Protection of species

Source: FAO, FAOLEX

Bioprospecting, Access and Benefit-Sharing Regulations, 2008 (No. R. 138 of 2008).

Legislation | South Africa | 2008

Keyword: Biodiversity, Genetic resources, Research, Authorization/permit, Traditional rights/customary rights, Special fund, Offences/penalties, Access and benefit-sharing, Traditional knowledge/indigenous knowledge, Indigenous peoples

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act: Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Regulations (No. R. 173 of 2010).

Legislation | South Africa | 2010

Keyword: Biodiversity, Management/conservation, Endangered species, International trade, Institution, Offences/penalties, Protection of species, Allocation/quota, Trade in species

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act: Norms and standards for hunting methods in South Africa (G.N. No. 456 of 2011).

Legislation | South Africa | 2011

Keyword: Hunting/capture, Hunting gear/hunting methods, Biodiversity

Source: FAO, FAOLEX

National moratorium on trade of individual rhinoceros horns and anyderivates or products of horns within South Africa (No. R. 148 of 2009).

Legislation | South Africa | 2009

Keyword: Wildlife products, Protection of species

Source: FAO, FAOLEX

Alien and invasive species Regulations, 2013 (No. R. 506 of 2013).

Legislation | South Africa | 2013

Keyword: Alien species, Plant protection, Weeds, Biodiversity, Dangerous animal/harmful animal, Birds, Management/conservation, Insects, Marine fishes, Wild fauna, Wild flora

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act: National list of invasive species (No. 507 of 2013).

Legislation | South Africa | 2013

Keyword: Fishery management and conservation, Biodiversity, Alien species, Dangerous animal/harmful animal, Birds, Management/conservation, Insects, Marine fishes, Plant protection, Wild fauna, Wild flora

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act: Exempted Alien Species (No. 509 of 2013).

Legislation | South Africa | 2013

Keyword: Biodiversity, Alien species, Authorization/permit, Protection of species

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act: Prohibited Alien Species (No. 508 of 2013).

Legislation | South Africa | 2013

Keyword: Biodiversity, Alien species, Dangerous animal/harmful animal, Birds, Management/conservation, Insects, Marine fishes, Plant protection, Wild fauna, Wild flora

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act, 2004: Prohibition of trade in certain Encephalartos (Cycad) species (No. R. 371 of 2012).

Legislation | South Africa | 2012

Keyword: Plant production, Floriculture, Offences/penalties, Biodiversity, Protection of species

Source: FAO, FAOLEX

Delegation of powers and duties under section 87(A)(1A) of the National Environmental Management: Biodiversity Act, 2004 (No. 640 of 2014).

Legislation | South Africa | 2014

Keyword: Biodiversity, Endangered species, Institution, Authorization/permit, Legal proceedings/administrative proceedings, Protection of species

Source: FAO, FAOLEX

Delegation of powers and duties under section 87(A)(1B) of the National Environmental Management: Biodiversity Act, 2004 (No. 639 of 2014).

Legislation | South Africa | 2014

Keyword: Biodiversity, Endangered species, Authorization/permit, Institution, Legal proceedings/administrative proceedings, Protection of species

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act, 2004: Trade in Listed Threatened or Protected Species (No. 431 of 2014).

Legislation | South Africa | 2014

Keyword: Biodiversity, Endangered species, Authorization/permit, Legal proceedings/administrative proceedings, Protection of species

Source: FAO, FAOLEX

Regulations for the registration of professional hunters, hunting outfitters and trainers, 2014 (No. 1147 of 2014).

Legislation | South Africa | 2014

Keyword: Biodiversity, Hunting authorization/permit, Hunting/capture, Registration

Source: FAO, FAOLEX

National Environmental Management: Biodiversity Act: List of invasive species (No. 599 of 2014).

Legislation | South Africa | 2014

Keyword: Fishery management and conservation, Biodiversity, Alien species, Dangerous animal/harmful animal, Birds, Management/conservation, Insects, Marine fishes, Plant protection, Wild fauna, Wild flora

Source: FAO, FAOLEX

Alien and Invasive Species Regulations, 2014 (No. R. 598 of 2014).

Legislation | South Africa | 2014

Keyword: Alien species, Inland fisheries, Plant protection, Weeds, Biodiversity, Dangerous animal/harmful animal, Birds, Management/conservation, Insects, Marine fishes, Wild fauna, Wild flora

Source: FAO, FAOLEX

Bioprospecting, Access and Benefit-Sharing Amendments Regulations, 2015 (No. S.R. 388 of 2015).

Legislation | South Africa | 2015

Keyword: Plant production, Planting material/seeds, Indigenous peoples, Biodiversity, Genetic resources, Research, Authorization/permit, Traditional rights/customary rights, Special fund, Offences/penalties, Access and benefit-sharing, Traditional knowledge/indigenous knowledge

Source: FAO, FAOLEX

Biodiversity Management Plan for White Rhinoceros (Notice No. 1191 of 2015).

Legislation | South Africa | 2015

Keyword: Biodiversity, Endangered species, Policy/planning, Hunting/capture, Wildlife products, Protection of species, Access and benefit-sharing, Indigenous peoples

Source: FAO, FAOLEX

Policy on Whale and Dolphin Watching (No. 479 of 2017).

Legislation | South Africa | 2017

Keyword: Tourism, Protection of species, Marine mammals, Monitoring, Ecosystem preservation

Source: FAO, FAOLEX

Lists of Marine Species That Are Threatened Or Protected, Restricted Activities that Are Prohibited and Exemption From Restriction (Notice No. 476 of 2017).

Legislation | South Africa | 2017

Keyword: Marine fisheries, Fishery management and conservation, Marine fishes, Cartilaginous fishes, Biodiversity, Wild fauna, Endangered species, Protection of species, Hunting/capture, Hunting authorization/permit, Marine mammals, Ranching/captive breeding

Source: FAO, FAOLEX

Threatened or Protected Species Regulations, 2015 (Notice No. 255 of 2015).

Legislation | South Africa | 2015

Keyword: Marine fisheries, Fishery management and conservation, Aquatic animals, Aquatic plants, Cartilaginous fishes, Protection of species, Biodiversity, Hunting authorization/permit, Hunting gear/hunting methods, Hunting rights, Hunting/capture, Ranching/captive breeding, Authorization/permit, Turtles, Wildlife products, Endangered species, Trade in species, Dangerous animal/harmful animal, Offences/penalties

Source: FAO, FAOLEX

Norms and Standards for the Marking of Rhinoceros and Rhinoceros Horn, and for the Hunting of Rhinoceros for Trophy Hunting Purpose (Notice No. 961 of 2018).

Legislation | South Africa | 2018

Keyword: Biodiversity, Endangered species, Hunting/capture, Wild fauna, Wildlife products, Protection of species

Source: FAO, FAOLEX

List of terrestrial and freshwater species that are threatened or protected, restricted activities that are prohibited, and restricted activities that are exempted. Government Notice no. 3012 of 2023.

Legislation | South Africa | 2023

Keyword: Animal health, Freshwater fishes, Birds, Management/conservation, Game, Hunting/capture, Protection of species, Registration, Reptiles, Research, Trade in species, Wild fauna, Wildlife products

Source: FAO, FAOLEX

Threatened or Protected Marine Species Regulations, Government Notice no. R 477 of 2017.

Legislation | South Africa | 2017

Keyword: Cartilaginous fishes, Bycatch, Fishing gear/fishing method, Marine fishes, Marine mammals, Animal health, Fishery management and conservation, Protection of species, Authorization/permit, Registration, Biodiversity, Research, Birds, Animal welfare, Ranching/captive breeding, Offences/penalties, Genetic resources, Quarantine, Risk assessment/management, Trade in species, Wild fauna, Wildlife products, Keeping of live animals, EIA, Environmental planning, Protected area, Hunting authorization/permit, Hunting authorization/permit fee, Marking/identification, Non-governmental entity, Policy/planning

Source: FAO, FAOLEX

Alien and Invasive Species Lists, Government Notice no. 1003 of 2020.

Legislation | South Africa | 2020

Keyword: Aquatic animals, Aquatic plants, Freshwater fishes, Marine fishes, Agricultural land, Erosion, Plant variety, Basin/catchment/watershed, Flood, Surface water, Inland waters, Grazing, Hunting/capture, Alien species, Trade in species, Wild fauna, Wild flora, Classification/declassification, Amphibians, Birds, Reptiles

Source: FAO, FAOLEX

Alien and Invasive Species Regulations. No. R. 1020/2020.

Legislation | South Africa | 2020

Keyword: Authorization/permit, Basin/catchment/watershed, Bioenergy, Biological control agents, Research, Risk assessment/management, Inland waters, Freshwater fishes, Alien species, Early warning system, International trade, Monitoring, Offences/penalties, Wild fauna, Wild flora

Source: FAO, FAOLEX

Regulations Relating to the Trade in Rhinoceros Horn, 2020. Government Notice no. 626 of 2020.

Legislation | South Africa | 2020

Keyword: Biodiversity, Endangered species, Hunting/capture, Wild fauna, Wildlife products, Protection of species, Authorization/permit, Offences/penalties

Source: FAO, FAOLEX

Amended by

National Environmental Laws Amendment Act, 2009 (No. 14 of 2009).

Legislation | South Africa | 2009

Keyword: Air quality/air pollution, Authorization/permit, Pollution control, Biosafety, Biosecurity, Institution, Inspection, Genetically modified organism (GMO), Offences/penalties, Biodiversity, Genetic resources

Source: FAO, FAOLEX

National Environmental Management Laws Amendment Act, no. 14 of 2013.

Legislation | South Africa | 2013

Keyword: Offences/penalties, Waste management, Authorization/permit, Biodiversity, Management/conservation, Dangerous animal/harmful animal, Ecofriendly products/ecofriendly processes, Ecosystem preservation, Genetic resources, International relations/cooperation, International trade, Alien species, Protection of environment, Protection of species, Trade in species, Traditional knowledge/indigenous knowledge, Aquatic animals, Aquatic plants

Source: FAO, FAOLEX

National Environmental Management Laws Amendment Act, No. 2 of 2022.

Legislation | South Africa | 2022

Keyword: Air quality/air pollution, Public health, Pollution control, Emissions, Environmental audit, Environmental planning, Authorization/permit, EIA, Inspection, Risk assessment/management, Traditional knowledge/indigenous knowledge, Governance, Protection of environment, Public participation, Registration, Waste management, Resource/damage valuation, Offences/penalties, Residues, Policy/planning, Minerals, Mining, Hazardous waste, Waste domestic sources, Soil rehabilitation, Freshwater resources management, Ecosystem preservation, Biodiversity, Protection of species, Animal welfare, Alien species

Source: FAO, FAOLEX