60 GOVERNMENT GAZETTE, 7 JUNE 2004 No. 26436 Act No. 10,2004 NATIONAL EWEONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 Restricted activities involving listed invasive species 71. (1) Apersonmay not carry out a restricted activity involvingspecimen a of a listed invasive species without a permit issued in termsof Chapter 7. (2) A permit referred to in subsection (1) may be issued only after a prescribed assessment of risks and potential impacts on biodiversity is carried out. 5 Amendment of notices 72. The Minister or theM_ECfor environmentalaffairs in any relevant provincemay, by notice in theGazette, amend or repeal any notice published by him orher in terms of section 70 (1). Duty of care relating to listed invasive species and directive; 73. (1) A person authorisedby permit in termsof section 71(1j to carryout a restricted activity involving a specimenof a listed invasive species must take all the required steps to prevent or minimise harm to biodiversity. ( 2 ) A person who is the owner of land on which a listed invasive species occurs must(a) notify any relevantcompetentauthority,inwriting, of the listed invasive species occurring on that land; ( b ) take steps to control and eradicate the listed invasive species and to prevent it from spreading; and (c) takealltherequiredstepstoprevent orminimiseharmto biodiversity. (3) A competent authoritymay, in writing, direct any person who has failed to comply with subsection (1) or (2), or who has contravened section 71(1), totake such steps( a ) as may be necessary to remedy any harm to biodiversity caused by(i) the actions of that person; or (ii) the occurrence of the listed invasive specieson land of which that person is the owner; and (b) as may be specified in the directive. (4) If that person fails to comply with a directive issued in terms of subsection (3j, a competent authority maythe (a) implement ( b ) recover all costs reasonably incurred by a competent authority in implementing the directive(ij from that person; or (ii) proportionally from that person and any other person who benefited from implementation directive. of the 10 1s 20 25 30 35 Requests to competent authorities to issue directives of 74. (1) Any person may request a competent authority, in writing, issue to a directive in terms of section 73(3). (2) A competent authority must reply to the request, in writing, within 30 days of receipt request. 40 (3) Should a competent authority fail to respond to the request within the stated period or refuses the request, the person who made the request may apply courttofora an order directing that competent authority to issue the directive. Control and eradication of listed invasive species 75. (1) Control and eradication of a listed invasive species must be carried out by 45 means of methods thatare appropriate for the species concerned and the environment in which it occurs.