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GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10,2004
NATIONAL EWEONMENTAL MANAGEMENT:
BIODIVERSITY ACT, 2004
Restricted activities involving listed invasive species
71. (1) Apersonmay not carry out a restricted activity involvingspecimen
a
of a listed
invasive species without a permit issued in termsof Chapter 7.
(2) A permit referred to in subsection (1) may be issued only after a prescribed
assessment of risks and potential impacts on biodiversity is carried out.
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Amendment of notices
72. The Minister or theM_ECfor environmentalaffairs in any relevant provincemay,
by notice in theGazette, amend or repeal any notice published
by him orher in terms of
section 70 (1).
Duty of care relating to listed invasive species
and
directive;
73. (1) A person authorisedby permit in termsof section 71(1j to carryout a restricted
activity involving a specimenof a listed invasive species
must take all the required steps
to prevent or minimise harm to biodiversity.
( 2 ) A person who is the owner of land on which a listed invasive species occurs
must(a) notify any relevantcompetentauthority,inwriting,
of the listed invasive
species occurring on that land;
( b ) take steps to control and eradicate the listed invasive species
and to prevent it
from spreading; and
(c) takealltherequiredstepstoprevent
orminimiseharmto biodiversity.
(3) A competent authoritymay, in writing, direct any person who has failed
to comply
with subsection (1) or (2), or who has contravened section 71(1), totake such steps( a ) as may be necessary to remedy any harm to biodiversity caused by(i) the actions of that person; or
(ii) the occurrence of the listed invasive specieson land of which that person
is the owner; and
(b) as may be specified in the directive.
(4) If that person fails to comply with a directive issued
in terms of subsection (3j, a
competent authority maythe (a) implement
( b ) recover all costs reasonably incurred by a competent authority in implementing the directive(ij from that person; or
(ii) proportionally from that person and any other person who benefited from
implementation
directive.
of the
10
1s
20
25
30
35
Requests to competent authorities to issue directives
of
74. (1) Any person may request a competent authority, in writing,
issue
to a directive
in terms of section 73(3).
(2) A competent authority must reply to the request, in writing, within 30 days of
receipt
request.
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(3) Should a competent authority fail
to respond to the request within the
stated period
or refuses the request, the person who made the request may apply
courttofora an order
directing that competent authority to issue the directive.
Control and eradication of listed invasive species
75. (1) Control and eradication of a listed invasive species must be carried out by 45
means of methods thatare appropriate for the species concerned and the environment in
which it occurs.