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76
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GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10,2004
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NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODIVERSITY ACT. 2004
( a ) either uphold or refuse the appeal; and
( b ) when upholding or refusing the appeal, make such other orders
as may be
appropriate.
(2) If the appeal is upheld against( a ) a refusal to issue a permit, the Minister, MEC
for Environmental Affairs or
5
appeal panel may issue the permit unconditionallyor subject to conditions;
( b ) a condition subject to which the permit was issued, the Minister, MEC for
Environmental Affairs or appeal panel may withdraw or amend the condition;
or
(c) the cancellation o f a permit, the Minister, MEC for Environmental Affairs or 10
appeal panel may restore the permif.
CHAPTER 8
ADMINISTRATION OF ACT
Part 1
Regulations
15
Regulations by Minister
species;
protected
species;
protected
97. (1) The Minister may make regulations relating t o (a) the monitoring of compliance with and enforcement of norms and standards
referred to in section 9;
the designation of organs of state which may be issuing authorities for 20
permits referred to in section 57(1) or (2);
the facilitation of the implementation and enforcementof section 57(1)
or any notice published in termsof section 57(2);
the carrying out of a restricted activity involving a specimen of a listed
or
threatened
25
the facilitation of the implementation and enforcement of an international agreement regulating international trade
in specimens of listed
threatened or protected species which is binding on the Republic;
theminimising of the threat to the survivalinthewild
of a listed
or
threatened
30
theminimising of thethreattotheecological
integrity of a listed
ecosystem;
the composition and operating procedure of the scientific authority; or
the ecologically sustainable utilization of biodiversity;
the designation of organs of state which may be issuing authorities for 35
permits referred to in section 67(1) or 71(1);
the designationof organs of state which maybe competent authorities for
implementing and enforcing the provisions of this Chapter;
the facilitation of the implementation and enforcementof section 65, 67
or 71;
40
the prescription of compulsory conditions for any permit issued in terms
of section 65(1) or 71(1);
the assessmentof risks and potential impactson biodiversity of restricted
activities involvingspecimens of alien speciesor of listed invasive
species;
the control and eradication of listed invasive sDecies:
(d) biosafety and the environment;
( e ) (i) thedesignation of organs of state that maybeissuing
authorities for
permits referred to in section 81:
criteria for, 50
(ii) the form and contents of, andtherequirementsand
benefit-sharing agreements and material transfer agreements;
(iii)moneyspayable
in connectionwithbenefit-sharingagreements
and
material transfer agreements; and