46
No. 26436
Act No. 10.2004
GOVERNMENT GAZETTE, 7 JUNE 2004
NATIONAL EN’IRONMENTAL MANAGEMENT:
BIODIVERSITY ACT. 2004
(2) Before adopting a bioregional plan, or any amendment
to such aplan, the MECfor
Environmental Affairs in the relevant province must follow a consultative process in
accordance with sections 99 and 100.
Part 2
Co-ordination and alignmentof plans, monitoring and research
5
Co-ordination and alignment of biodiversity plans
48. (1) The national biodsersity framework, a bioregional plan and a biodiversity
management plan prepared in terms of this Chapter may not be in conflictwith( 0 ) any environmentalimplementationorenvironmentalmanagementplans
prepared in terms of Chapter 3 of the National Environmental Management 10
Act;
(b) any integrated development plans adopted by municipalities in terms of the
Local Government: Municipal Systems Act,2000 (Act No. 32 of 2000);
(c) any spatial development frameworks in terms of legislation regulating landuse management, land development and spatial planning administered by the 1.5
Cabinet member responsible for land affairs; and
(d) any other plans prepared in terms of national or provincial legislation that are
affected.
(2) Anorgan of state that mustprepare an environmentalimplementation or
environmental management plan in terms of Chapter 3 of the National Environmental 20
Management Act, and a municipality
that must adopt an integrated development plan in
tenns of the Local Government: Municipal Systems Act, 2000, must( a ) align its plan with the national biodiversity framework and any applicable
bioregional plan;
( b ) incorporateinto
that planthoseprovisions
of thenationalbiodiversity
25
framework or a bioregional plan that specifically apply to it; and
(c) demonstrate in its planhow the nationalbiodiversityframework
and any
applicable bioregional plan may be implemented
by that organ of state or
municipality.
( 3 ) The Institute may30
( L E ) assist theMinisterandothersinvolved
in thepreparation of thenational
biodiversity framework, a bioregional plan aorbiodiversity management plan
to comply with subsection (1);and
( b ) make recommendations to organs of states or municipalities referred to in
subsection (2) to align their plansreferred to in that subsectionwiththe
35
national biodiversity framework and any applicable bioregional plan.
Monitoring
49. (1) The Minister must for the purposes
of this Chapter designate monitoring
mechanisms and set indicators to determine( a ) the conservation status of various components of South Africa’s biodiversity; 40
and
( b ) any negativeandpositivetrendsaffectingtheconservation
status of the
various components.
(2) The Minister may require any person, organisation or organ of state involved in
terms of subsection (1) in monitoring the matters referred to in that subsection to report 4.5
regularly to the Minister on the results of such monitoring measured ab oainst the
predetermined indicators.
(3) The Minister must( a ) annually report to Parliament on the information submitted to the Minister in
50
terms of subsection (2); and
(bj make such information publicly available.