22 GOVERNMENT GAZETTE, 7 JUUNE 2004 NO. 26436 iict No. 10, 2004 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 Objectives of Act ~ ~ ~- 2. The objectives of this Act are(a) within the framework of the National Environmental Management Act, to pro vide for(i)themanagementandconservation of biological diversity withinthe 5 Republic and of the components of such biological diversity; (ii) the use of indigenous biological resources in a sustainable manner; and iiii) the fairandequitablesharingamongstakeholders of benefits arising from bioprosgecting involving indigenous biological resources; ( b ) togive effect to‘ ratified international agreements relating to biodiversity 10 which are binding on the Republic; (c) to provide for co-operativegovernanceinbiodiversitymanagementand conservation; and (d) toprovide for a South AfricanNationalBiodiversity Institute to assist in objectivesthe achieving of this Act. 15 State’s trusteeship of biological diversity resources; genetic 3. In fulfilling the rights contained in section 24 of the Constitution,the state through its organs that implement legislation applicable to biodiversity, must( a ) manage, conserve and sustain South Africa’s biodiversityand its components 20 and Ib) implement this Act to achieve the progressive realisation of those rights. Application of Act 4. (1) This Act applies( a ) in the Republic, including(i) its territorial waters,exclusiveeconomiczoneandcontinental shelf 25 described in the Maritime Zones Act, 1994 (Act No. 15 of 1994); and (ii) the Prince Edward Islands referred to in the Prince Edward Islands Act, 1948 (Act No. 43 of 1948); and ( b ) to human activity affecting SouthAfrica’sbiological diversity andits components. 30 (2) This Act bindsall organs of statef a ) in the national and local spheres of government; and ( b ) intheprovincialsphere of government,subject to section 146 of the Constitution. Application of international agreements 35 5. This Act gives effect to ratified international agreements affecting biodiversity to which South Africais a party, and which bind the Republic. Application of other biodiversity legislation Management 6. (1j ThisActmustberead withany applicableprovisions of theNational Environmental 40 (2)Chapter4 of theNationalEnvironmentalManagement Act applies to the resolution of conflicts arising from the implementation of this Act. National environmental management principles 7. Theapplication of this Act must be guided by the nationalenvironmental management principles set out in section 2 of the National Environmental Management 45 Act.