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No 26436
Act No. 10,2004
GOVERNMENT GAZETTE, 7 JUNE 2004
NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODIlERSITY ACT, 2004
“critically endangeredspecies” means any indigenousspecies listed as a
critical1.y endangered species in terms of section 56;
“delegation”, in relation to a duty, includes an instruction to perform the duty;
“Department” means the national Department of Environmental Affairs and
Tourism;
“derivative”, in relation to an animal, plant or other organism, means any part,
tissue or extract, of an animal, plant or other organism, whether fresh, preserved or
processed, and includes any chemical compound derived from such part, tissue or
extract;
“Director-General”g e a n s the Director-General of the
Department;
“ecological community”means an integrated group of species inhabiting a given
area;
“ecosystem” means a dynamic complex of animal, plant and micro-organism
communities and their non-living environment interacting as a functional unit;
“endangered
ecosystem”
means any ecosystem listed as an endangered
ecosystem in terms of section 52(2);
“endangeredspecies” means any indigenous species listed as an endangered
species in terms of section 56;
“environmental management inspector”means a person authorised in terms of
the National Environmental ManagementAct to enforce the provisions of this Act;
“export”, in relation to the Republic, means to take out or transfer, or attempt to
take out or transfer, from a place within the Republic to another country or to
international waters;
L‘Gazette7’,when used( a ) r‘elation
in
to the Minister, means the Government Gazette; or
( b ) in relation to the MEC for Environmental Affairs of a province, means the
Provincial Gazette of that province;
“geneticmaterial” means any material of animal, plant, microbial or other
biological origin containing functional units of heredity;
resource”
“genetic
includes( a ) any genetic material; or
(6) the genetic potential or characteristics of any species;
“habitat” meansa place where aspecies or ecological community naturally
occurs;
“import”,
relation in
to the Republic(a) means to land on, bring into or introduce into theRepublic, or attempt to land
on, bring into or introduce into the Republic; and
(b) includes to bring intothe Republic for re-export to aplace outside the
Republic;
resource” biological
“indigenous
( a ) whem used in relation to bioprospecting, means any indigenous biological
resource as defined in section 80(2); or
( b ) when used in relation to any other matter, means any resource consisting Of(i) any living or dead animal, plant or other organism of an indigenous
species;
(ii) any derivative of such animal, plant or other organism; or
(iii) any genetic material of such animal, plant or other organism;
“indigenous species” means a species that occurs, or has historically occurred,
naturally in a free state in nature within the borders of the Republic, but excludes
a species that has been introduced in the Republic as a result of human activity;
“Institute” means the South African National Biodiversity Institute established in
terms of section 10;
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