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No. 26436
Act No. 10,2004
GOVERNMENT GAZETTE, 7 JUNE 2004
NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODIVERSITY ACT, 2004
(vl selling or otherwise trading in, buying, receiving, giving, donating or
accepting as a gift, or in any way acquiring or disposing of any specimen
of an alien or listed invasive species; or
(vi), any other prescribed activity which involves a specimen of an alien or
listed invasive species;
“species” means a kind of animal, plant or other organism that does not normally
interbreed with individuals of another kind, and includes any sub-species, cultivar,
variety, geographic race, strain, hybrid or geographically separate population;
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specimen” means( a ) any living or deag animal, plant or other organism;
(6) a seed, egg, gamete or propagule crr part of an animal, plant or other organism
capable of propagation or reproduction or in any way transferring genetic
traits;
( c ) any derivative of any animal, plant or other organism; or
(d) any goods which(i) contain a derivative of an animal, plant or other organism; or
(ii) from an accompanying document, from the packaging or mark or label,
or from any other indications, appear to be or to contain a derivative of
an animal, plant or other organism;
“stakeholder” means( a ) a person, an organ of state or a community contemplated in section 82( l)(a);
or
( b ) an indigenous community contemplated in section 82( l)(b);
“subordinate legislation”,in relation to this Act, means( a ) any regulation in
made terms of section
97;
or
(b) any notice published in terms of section 9, 33, 34, 40(1), 42(2), 43(3), 46(2),
52(1), 53(1), 55,56(1), 57(2), 58, 66(1), 67(1), 68,70(1), 72, 86(1) or 100(1)
“sustainable”, in relation to the useof a biological resource, means the use of such
resource in a way and at a rate that( a ) would not lead
long-term
decline;
to its
( b ) would not disrupt the ecological integrity of the ecosystem in which it occurs;
and
(c) would ensure its continued use to meet the needs and aspirations of present
and future generations of people;
“this Act” includes any subordinate legislation issued in terms of a provision of
this Act;
“threatening process” means a process which threatens, or may threaten( a ) the :;urvival, abundance or evolutionary development of an indigenous species
or e’cologicalcommunity; or
( b ) the (ecologicalintegrity of an ecosystem,
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and includes any process identified in terms of section 53 as a threatening process;
“vulnerable ecosystem”means any ecosystem listedas a vulnerable ecosystem in
terms of section 52(2);
“vulnerable species”means any indigenous species listed as a vulnerable species
in terms o f section 56.
(2;)In this Act, words or expressions derived from words or expressions defined in
subsection (1) have corresponding meanings unless the context indicates that another
meaning is intended.
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