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.