58
No. 26436
Act No. 10,2004
GOVERNMENT GAZETTE. 7 JUNE 2004
NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODIVERSITY ACT, 2004
Restricted activities involving certain alien species totally prohibited
67. (1)The Ministermay, by notice in the Gazette, publish
alist of those alien species
in respect of which a permit mentioned in section 65( 1) may not be issued.
(2) Aperson may not carry out
any restricted activity involving a specimenof an alien
published
species
in terms of subsection (1).
(3) The Minister must regularly review a list published in terms of subsection (1).
5
Amendment of notices
J
68. The Minister may,by notice in theGazette, amend or repeal any notice published
in terms of section 66(1) or 67(1).
Duty of care relating to alien species
10
69. (1) A person authorised by permit, in terms
of section 65( l), to carry out a
restricted activity involving a specimen of an alien species must(a) comply with the conditions under which the permit has been issued; and
( b ) take all required steps to prevent or minimise harm to biodiversity.
(2) A competent authority may, in writing, direct any person who has failed
to comply 15
with subsection (I), or who has contravened section 65(1) or 67(2),
to take suchsteps(a) as may be necessary to remedy any harmto biodiversity caused by the actions
of that person; and
( b ) as may be specified in the directive.
(3) If that person fails to comply with a directive issued
in terms of subsection (2),the 20
competent authority may( a ) implement the directive; and
(17)
recoverfrom that person all costs incurred by the competent authority in
implementing the directive.
(4) Should an alien species establishitself in nature as an invasive species becauseof 25
the actions of a specific person, a competent authority may hold that person liable for
any costs incurred in the control and eradication of that species.
Part 2
Invasive species
List of invasive species
30
70. (1) (a)The Minister must within24 months of the dateon which this section takes
effect, by notice in the Gazette, publish a national list of invasive species in respect of
which this Chapter must be applied nationally.
( b ) The MEC for environmental affairs in a province may, by notice in the Gazette,
publish a provincial list of invasive species in respect of which this Chapter must be 35
applied in the province.
(2) The Minister or the MEC for environmental affairs in a relevant province must
regularly review the national list or any provincial list published in terms
of subsection
(1), as may be appropriate.
(3) An MEC for Environmental Affairs may only publish or amend a provincial
in list
40
terms of subsection (1) or (2) with the concurrence of the Minister.