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54 GOVERNMENT GAZETTE, 7 JUNE 2004 No. 26436 Act No. 10,2004 NATIONAL ENVIRONMENTAL MANAGEMENT BIODWERSITY ACT, 2004 Establishment of scientific authority 60. (1) The Minister must establish a scientific authority for purpose of assisting in regulatingand restricting thetradeinspecimens of listed threatened or protected species. (2) The Institute must provide logistical, administrative and financial support for the proper functioning of the scientific authority. 5 Functions of scientific authority r' I:) The scientific authority must-- ' monitor in the Republic the legal and illegal trade in specimens of listed species; protected or threatened 10 advise the Minister and any other interested organs of state on the matters that it monitors; make recommendations to an issuing authority on applications for pennits referred to in section 57(1) or ( 2 ) ; make.non-detrimentfindings on theimpact of actionsrelating to the 15 international trade in specimens of listed threatened or protected species: advise the Ministeron(i) the registration of ranchingoperations, nurseries, captivebreeding operations and other facilities; (ii) whether an operation or facility meets the criteria for producing species 20 considered to be bred in captivity or artificially propagated; (iii) the choice of a rescue centre or other facility for the disposalof forfeited specimens; (iv) any amendments to a notice published in terms of section 56(1) or 57(2); nomenclature the (v) of species; or 25 (vi) any other matter of a specialised nature; assist theMinisteroranenvironmentalmanagementinspector in the identification of specimens for the purpose of enforcing the provisionsof this Act; issue certificates in which the identification of a specimen is verified as being 30 taxonomically accurate; perform any other function that may be(i) prescribed; or (ii) delegated to it by the Minister in terms of section 47D of the National 35 and Act;Management Environmental dealwithanyothermatternecessary for, or reasonablyincidental to, its powers and duties. (2) In performing its duties, the scientific authority must( L E ) base its findings, recommendations and advice on a scientific and professional review information; of available and 40 ( b j consult, when necessary, organsof state, the private sector, non-governmental organisations, local communities and other stakeholders before making any findings or recommendations or giving any advice. Annual non-detriment findings 62. (1) The scientific authority must publish in the Gazette any annual non-detriment 45 findings on trade in specimens of listed threatened or protected species in accordance with an international agreement regulating international trade in specimens of listed threatened or protected species which is binding on the Republic. (2) Any interim findings of the scientific authority must be published in the Gazette for public information within 30 days after the decision has been made. 50

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