78
No. 26436
Act No. 10,2004
10
GOVERNMENT GAZETTE, 7 JUNE 2004
NATIONAL ENVIRONMENTAL MANAGEMENT
BIODIVERSITY ACT. 2004
the administration of the Bioprospecting Trust Fund;
the conditions subject to which issuing authorities may issue permits in
terms of this Act;
the procedure to be followed and the fees to'be paid in connection with
lodging
the and
consideration
of applications for permits;
5
the powers of issuing authorities when considering and deciding such
applications;
the conditions with which applicants must comply before
or after the
lodging of their applications;
processes; appropriateeonsultation
the authorities whose consent is required before permits may be issued;
the factors that must be taken into account when deciding applications;
thecircumstancesinwhichapplicationsmustberefused
or maybe
approved;
contents and
form
the
15of permits;
theconditions on whichpermitsmustbe
issued, orguidelinesfor
determining conditions on which permits may be issued;
methods, procedures and conditions of enforcing compliance with the
conditions of a permit;
the giving of security in respect of any obligation that may arise from 20
carrying out a restricted activity authorised by a permit, and the form of
such security;
the period of validity of permits;
the transferability o f permits;
duties
25 theand
holders;
permit
of the
the procedure to be followed and the feesto be paid in connection with
the iodging and consideration of appeals;
( 8 ) any other matter that may be prescribed in terms of this Act; and
( h ) any other matterthat may be necessary to facilitate the implementation of this
Act.
30
(2) Any regulationwithdirect
fiscal implications may bemadeonlywiththe
concurrence of the Minister of Finance.
(3) Before publishing any regulations in terms of subsection (l),or any amendment
to the regulations, the Minister must follow a consultative process in accordance with
sections 99 and 00.
35
(4) Subsection (3) need not be appliedto a non-substantial changeto the regulations.
General
98. (1) Regulations made in terms of section 97 may(a) restrict or prohibit any act either absolutely or conditionally;
( 0 ) apply40
(i) generally throughout the Republic or a province, as the case may be, or
only in a specified area or category of areas;
(ii) generally to all persons or only to a specified category of persons;
(iii) generally with respect to all species or only to a specified species or
or category of species;
45
(iv) generally with respect to all permits or appeals or only to a specified
category of permits or appeals; or
( c ) differentiate between different(i) areas or categories of areas;
categories or
(ii) persons
of persons;
50
(iii) species or categories of species; or
(iv) categories of permits or appeals.
(2) Regulationsmade in tefms of section 97 mayprovide that any personwho
cuntravenes or fails to comply with a provision thereof isguilty of an offence and liable
on conviction toss
(a) imprisonment for a period not exceeding five years;
( b ) an appropriate fine; or
('c) both a fine and such imprisonment.