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No. 26436
Act No. 10,2004
GOVERNMENT GAZETTE,
2004 7 JUNE
NATIONAL ENVIRONMEhTAL MANAGEMENT:
BIODIVERSITY ACT, 2004
“introduction”, in relation to aspecies, means the introduction by humans,
whether deliberately or accidentally, of a species-to a place outside the natural
range 01’
natural dispersal potential of that species;
“introduction from the sea”, in relation to a specimen of any species, means the
transportation into the Republic of a specimen taken from a marine environment
not under the jurisdiction of any state;
“invasive species” means any species whose establishment and spread outside of
its natural distribution range(a) threaten ecosystems, habitats or other species or have demonstrable potential
to threaten ecosystems, habitats or species;
other
and
(b) may result in economic or environmental harm or harm to human health;
“issuing authority”, in relation to permits regulating the matters mentioned in
section 87,means(a) the Minister; or
(b) an organ of state in the national, provincial or local sphere of government
designated by regulation in terms of section 97 as an issuing authority for
permits of the kind in question;
“listed ecosystem” means any ecosystem listed in terms of section 52( 1);
“listed invasive species” means any invasive species listed in terms of section
70(1);
“listed threatened or protected species” means any species listed in terms of
section 56( 1);
“local community” means any community of people living or having rights or
interests in a distinct geographical area;
“management authority”, in relation to a protected area, means an authority to
whom the management of a protected area has been assigned;
“MEC for Environmental Affairs” means a memberof the Executive Council of
a province who is responsible forthe conservation of biodiversity in the province;
“migratory species” means the entire population or any geographically separate
part of the population of any species or lower taxon of wild animals, a significant
proportion of whose members cyclically and predictably cross one or more national
jurisdictional boundaries;
“Minister” means the Cabinet member responsible for national environmental
management;
“municipality” means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
“national botanical garden” means land declared or regarded as having been
declared as a national botanical garden in terms of section 33, and includes any land
declared in terms of section 33 as part of an existing botanical garden;
“National Environmental Management Act” means the National Environmental Management Act, 1998 (Act No. 107 of 1998);
“national environmental management principles” means the principles referred
to in section 7;
“non-detriment findings” means the determination of the non-detrimental impact
of an action on the survival of a species in the wild;
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“organ of state” has the meaning assigned to it in section 239 of the Constitution;
“permit” means a permit issued in terms of Chapter 7;
“prescribe” means prescribe by regulation in terms of section 97;
“protected area” means a protected area defined in the Protected Areas Act;
“Protected Areas Act” means the National Environmental Management: Protected Areas Act, 2003;
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