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GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10, 2004
NATIONAL ENVIRONMENTAL. MANAGEMENT:
BIODIVERSITY .4CT. 2004
Conflicts with other legislation
8. (1) In the event of any conflict between a section of this Act and(a) other national legislation in force immediately prior to the date of commencement of this Act, the section of this Act prevails if the conflict specifically
concerns the management of biodiversity or indigenous biological resources; 5
(b) provincial legislation, the conflict must be resolved in terms of section 146 of
the Constitution; and
( c ) a municipal by-law, the section of this Act prevails.
(2) In the event of any cgnflict between subordinate legislation issued in terms of this
,
Act and10
(a) an Act of Parliament, the Act of Parliament prevails;
( 6 ) provincial legislation, the conflict must be resolvedin terms of section 146 of
the Constitution; and
(c) a municipal by-law, the subordinate legislation issued in terms of this Act
prevails.
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(3) For the proper application of subsection (2)(b)the Minister must, in terms of
section 146(6) of the Constitution, submit all subordinate legislation issued in terms of
this Act which affects provinces to the National Council of Provinces for approval.
Norms and standards
9. (1) The Minister may, by notice in the Guzettela) issue norms and standards for the achievement of any of the objectives of this
Act., including for the(i) management and conservation of South Africa’s biological diversity and
its components;
(ii) restriction of activities which impact on biodiversity and its components;
(bj set indicators to measure compliance with those norms and standards; and
(c) amend any notice issued in terms of paragraph (a) or (b).
(2) (a) Before publishing a noticein terms of subsection (l),the Minister must follow
a consultative process in accordance with sections 99 and 100.
(bj A consultative process referred to in paragraph ( a ) need not apply to a
non-substantial change to the notice.
(3) Norms and standards may apply( a ) nationwide;
( b ) in a specific area only; or
(cj to a specific category of biodiversity only.
(4) Different norms and standards may be issued for(a) different areas; or
(bj different categories of biodiversity.
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CHAPTER 2
SOUTH AFRICAN NATIONAL
BIODIVERSITY
INSTITUTE
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Part 1
Establishment, powers and dutiesof Imtitute
Establishment
10. (1) The South African National Biodiversity Institute is established by this Act.
juristic(2) The
a Institute is
person.
Functions
11. (1) The Institute( a ) must monitor and report regularly to the Minister on(i) the status of the Republic’s biodiversity;
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