54
GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10,2004
NATIONAL ENVIRONMENTAL MANAGEMENT
BIODWERSITY ACT, 2004
Establishment of scientific authority
60. (1) The Minister must establish a scientific authority for purpose of assisting in
regulatingand restricting thetradeinspecimens
of listed threatened or protected
species.
(2) The Institute must provide logistical, administrative and financial support for the
proper functioning of the scientific authority.
5
Functions of scientific authority
r'
I:) The scientific authority must--
'
monitor in the Republic the legal and
illegal trade in specimens of listed
species; protected
or
threatened
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advise the Minister and any other interested organs
of state on the matters
that
it monitors;
make recommendations to an issuing authority on applications for pennits
referred to in section 57(1) or ( 2 ) ;
make.non-detrimentfindings
on theimpact
of actionsrelating to the 15
international trade in specimens of listed threatened or protected species:
advise the Ministeron(i) the registration of ranchingoperations,
nurseries, captivebreeding
operations and other facilities;
(ii) whether an operation or facility meets the criteria for producing species 20
considered to be bred in captivity or artificially propagated;
(iii) the choice of a rescue centre or other facility for the disposalof forfeited
specimens;
(iv) any amendments to a notice published in terms of section 56(1) or 57(2);
nomenclature
the
(v)
of species; or
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(vi) any other matter of a specialised nature;
assist theMinisteroranenvironmentalmanagementinspector
in the
identification of specimens for the purpose of enforcing the provisionsof this
Act;
issue certificates in which the identification of a specimen is verified as being 30
taxonomically accurate;
perform any other function that may be(i) prescribed; or
(ii) delegated to it by the Minister in terms of section 47D of the National
35
and
Act;Management
Environmental
dealwithanyothermatternecessary
for, or reasonablyincidental to, its
powers and duties.
(2) In performing its duties, the scientific authority must( L E ) base its findings, recommendations and advice on a scientific and professional
review
information;
of available
and
40
( b j consult, when necessary, organsof state, the private sector, non-governmental
organisations, local communities and other stakeholders before making any
findings or recommendations or giving any advice.
Annual non-detriment findings
62. (1) The scientific authority must publish in the Gazette any annual non-detriment 45
findings on trade in specimens of listed threatened or protected species in accordance
with an international agreement regulating international trade in specimens
of listed
threatened or protected species which is binding on the Republic.
(2) Any interim findings of the scientific authority must be published in the Gazette
for public
information
within
30
days
after
the
decision
has been
made.
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