82
GOVERNMENT
GAZETTE,
No. 26436
Act No. 10,2004
7 JUNE 2004
NATIONAL
ENVIRONMENTAL
MANAGEMENT:
BIODIVERSITY ACT, 2004
(d) knowingly makes any false statement or report forthe purpose of obtaining a
permit.
Penalties
102. (1) A person convictedof an oflence in termsof section 101is liable to a fine, or
to imprisonmentforaperiodnotexceeding
five years, or to both fine andsuch5
imprisonment.
(2) A fine in terms of subsection (1) may not exceed(a) an amount prescqbed in terms of the Adjustment of Fines Act, 1991 (Act No.
101 of 1991); or
(b) if apersonisconvicted
of anoffenceinvolvingaspecimen
of a listed 10
threatened or protected species, an amount determined in termsof paragraph
( a ) or which is equal to three times the commercial value of the specimen in
respect of which the offence was committed, whichever is the greater.
CHAPTER 10
MISCELLANEOUS
15
Repeal of Act 122 of 1984
103. The Forest Act, 1984 (ActNo. 122 of 1984), is repealed by this Act.
Savings
104. (1) Anything donein terms of the Forest Act, 1984 (Act
No. 122 of 1984), which
may or must be done in terms
of this Act must be regarded
as having been donein terms 20
of this Act.
(2) A person who immediately before the repealof the Forest Act, 1984, by section
100 of this Act wasa memberof the boardof the National BotanicalInstitute, becomes a member
of the Board of the South African National Biodiversity
Institute and remains 25
such a memberuntil the Minister appoints the members
of the Board in terms
of section 15;
the chief executive officer of the National Botanical Institute becomes the
acting chief executive officerof the South African National Biodiversity
Instituteandremainstheactingchiefexecutive
officer until theBoard30
appoints a person as the chief executive officer of the Institute in terms of
section 29; and
all employees of the National BotanicalInstitute, including its chief executive
officer, must be regarded as having been appointed in terms of section 30 as
employees of the South African National BiodiversityInstitute subject to the 35
same conditions of services which applied to them immediately before the
repeal of the Forest Act, 1984.
(3) Subsection (2)(c)does not affect pension, leave and other benefits which accrued
to employees referred to in that subsection before the repeal
of the Forest Act,1984, and
such benefits must be respected as if there was no break in their service and no change 40
of employer.
(4) As from the date of repeal of the Forest Act, 198”
( a ) all assets andliabilities and all rights and obligationsof the National Botanical
Institute are vested in the South African National Biodiversity Institute; and
( b ) any balance in the National Botanical Institute Fund referred to in section 64 45
of that Act must be paidto the South African National Biodiversity Institute.
Existing bioprospecting projects
105. (1) Any party involved at the commencement of Chapter 6 in a bioprospecting
project which concerns any interests to be protected interms of section 82, may despite