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GOVERNMENT GAZETTE, 7 JUUNE 2004
NO. 26436
iict
No. 10, 2004
NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODIVERSITY ACT, 2004
Objectives of Act
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2. The objectives of this Act are(a) within the framework of the National Environmental Management Act, to
pro vide for(i)themanagementandconservation
of biological diversity withinthe
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Republic and of the components of such biological diversity;
(ii) the use of indigenous biological resources in a sustainable manner; and
iiii) the fairandequitablesharingamongstakeholders
of benefits arising
from bioprosgecting involving indigenous biological resources;
( b ) togive effect to‘ ratified international agreements relating to biodiversity 10
which are binding on the Republic;
(c) to provide for co-operativegovernanceinbiodiversitymanagementand
conservation; and
(d) toprovide for a South AfricanNationalBiodiversity Institute to assist in
objectivesthe achieving
of this Act.
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State’s trusteeship of biological diversity
resources;
genetic
3. In fulfilling the rights contained in section 24 of the Constitution,the state through
its organs that implement legislation applicable to biodiversity, must( a ) manage, conserve and sustain South Africa’s biodiversityand its components
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and
Ib) implement this Act to achieve the progressive realisation of those rights.
Application of Act
4. (1) This Act applies( a ) in the Republic, including(i) its territorial waters,exclusiveeconomiczoneandcontinental
shelf 25
described in the Maritime Zones Act, 1994 (Act No. 15 of 1994); and
(ii) the Prince Edward Islands referred to in the Prince Edward Islands Act,
1948 (Act No. 43 of 1948); and
( b ) to human activity affecting SouthAfrica’sbiological
diversity andits
components.
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(2) This Act bindsall organs of statef a ) in the national and local spheres of government; and
( b ) intheprovincialsphere
of government,subject to section 146 of the
Constitution.
Application of international agreements
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5. This Act gives effect to ratified international agreements affecting biodiversity to
which South Africais a party, and which bind the Republic.
Application of other biodiversity legislation
Management
6. (1j ThisActmustberead
withany applicableprovisions of theNational
Environmental
40
(2)Chapter4
of theNationalEnvironmentalManagement
Act applies to the
resolution of conflicts arising from the implementation of this Act.
National environmental management principles
7. Theapplication of this Act must be guided by the nationalenvironmental
management principles set out in section 2 of the National Environmental Management 45
Act.