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No. 26436
Act No. 10,2004
GOVERNMENT GAZETTE, 7 JUNE 2004
NATIONAL ENVIRONhENTAL MANAGEMENT.
BIODIVERSITY ACT, 2004
Definitions
1. (1) In this Act, unless the context indicates othemise“alien species” means5
fa) a species that is not an indigenous species; or
fbj an indigenous spscies translocated or intended to be translocated to a place
outside its naturd distribution range in nature, but not an indigenous species
that has extended its natural distribution range by natural means of migration
or dispersal without human intervention;
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“benefit”, in relation to bioprospecting involving indigenous biological resources,
means any benefit, whether commercial or not, arising from bioprospecting
involving such resources, and includes both monetary and non-monetary returns;
“biological diversity” or “biodiversity” means the variability among living
organisms from all sources including, terrestrial, marine and other aquatic 15
ecosystems and the ecological complexes of which they are part and also includes
diversity within species, between species, and of ecosystems;
“bioprospecting”, in relation to indigenous biological resources,means any
research on, or development or application of, indigenous biological resources for
commercial or industrial exploitation, and includes20
(a) the systematic search, collection or gathering of such resources or making
extractions from such resources for purposes of such research, development or
application;
(b) the utilisation for purposes of such research or development of any
information regarding any traditional uses of indigenous biological resources 25
by indigenous communities; or
( c ) research on, or theapplication, development or modification of, any such
traditional uses, for commercial or industrial exploitation;
“bioregion” means a geographic region which has in terms of section 40(1) been
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determined as a bioregion for the purposes of this Act;
“Board” means the board referred to in section 13;
“competent authority”, in relation to the control of an alien or invasive species,
means( a ) the Minister;
(bj an organ of state in the national, provincial or local sphere of government 35
designated by regulation as a competent authority for the control of an alien
species or a listed invasive species in terms of this Act; or
( c ) any other organ of state;
“components”, in relation to biodiversity, includes species, ecological communi40
ties, genes, genomes, ecosystems, habitats and ecological processes;
“control”, in relation to an alien or invasive species, mean(aj to combat or eradicate an alien or invasive species; or
(b) where such eradication is not possible, to prevent, as far as may be practicable,
the recurrence, re-establishment. re-growth, multiplication, propagation,
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regeneration or spreading of an alien or invasive species;
“critically endangered ecosystem” means any ecosystem listed as a critically
endangered ecosystem in terms of section 52(2);