GAZETIE, 7 KNE 2004
72 GOVERNMENT
No. 26436
Act No. 10,2004
NATIONAL ENVIRONMENTAL
MANAGEMENT:
BIODIVERSITY ACT, 2004
( b ) require the applicant to comply with such reasonable conditions as it may
impose before it grants the application;
(c) issue a permit unconditionally or issue it subject to conditions; or
(d) refuseapermit.
(3) A decision of the issuing authority to issue or refuse a pennit orto issue it subject 5
to conditions, must be consistent with(a) the applicable provisions of this Act;
(b) the national environmental management principles;
(c) thenationalbiodiversityframework;
(d) anyotherrelevant,plansadopted
or approvedinterms
of Chapter 3;
10
( e ) any applicable international agreefients binding on the Republic;
u) the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000);
(g) any requirements that may be prescribed.
(4) If compulsoryconditionsareprescribedforanykmd
of permit,anissuing
authority may not issue a permit of that kind other than subject to those conditions. 15
(5) If an application is rejected, the issuing authority must give reasons for the
decision in writing to the applicant.
Risk assessments and expert evidence
89. Before issuing a permit, the issuing authority may in writing require the applicant
to furnish it, at the applicant’s expense, with such independent risk assessment or expert20
evidence as the issuing authority may determine.
Permits
issued; is
90. (1) A permi(a) mustspecifyit which for
purpose
(i) the
25
(ii) the period for which it will remain valid; and
(iii) any other matters that may be prescribed;
(b) may be issued on conditions specified in the permit; and
(c) must be in the form and contain such other particularsas may be prescribed.
(2) A permit issued in terms of section 91 does not absolve the holder or any other 30
person from complying with the provisionsof any other applicable law.
Additional requirements relating to alien and invasive species
and
biodiversity;
91. An issuing authority may issue a permit for a
restricted activity involving a
specimen of an alien species or of a listed invasive species only if(a) adequate procedures have been followed by the applicant
to assess the risks 35
and potential impacts associated with the restricted activity;
(b) the relevant species has been found
to have negligible or no invasive potential;
(c) the benefits of allowing the activity are significantly greater than the costs
associatedwithpreventingorremedyinganyresultantdamagetothe
or
environment
40
(d) it is satisfied that adequatemeasureshavebeentaken
by the applicant to
prevent the escape and spreadof the species.
Integrated permits
92. (1) If the carrying out of an activity mentioned in section 90 is also regulated in
terms of other law, the authority empowered under that other law
to authorise that 45