82 GOVERNMENT GAZETTE, No. 26436 Act No. 10,2004 7 JUNE 2004 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (d) knowingly makes any false statement or report forthe purpose of obtaining a permit. Penalties 102. (1) A person convictedof an oflence in termsof section 101is liable to a fine, or to imprisonmentforaperiodnotexceeding five years, or to both fine andsuch5 imprisonment. (2) A fine in terms of subsection (1) may not exceed(a) an amount prescqbed in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991); or (b) if apersonisconvicted of anoffenceinvolvingaspecimen of a listed 10 threatened or protected species, an amount determined in termsof paragraph ( a ) or which is equal to three times the commercial value of the specimen in respect of which the offence was committed, whichever is the greater. CHAPTER 10 MISCELLANEOUS 15 Repeal of Act 122 of 1984 103. The Forest Act, 1984 (ActNo. 122 of 1984), is repealed by this Act. Savings 104. (1) Anything donein terms of the Forest Act, 1984 (Act No. 122 of 1984), which may or must be done in terms of this Act must be regarded as having been donein terms 20 of this Act. (2) A person who immediately before the repealof the Forest Act, 1984, by section 100 of this Act wasa memberof the boardof the National BotanicalInstitute, becomes a member of the Board of the South African National Biodiversity Institute and remains 25 such a memberuntil the Minister appoints the members of the Board in terms of section 15; the chief executive officer of the National Botanical Institute becomes the acting chief executive officerof the South African National Biodiversity Instituteandremainstheactingchiefexecutive officer until theBoard30 appoints a person as the chief executive officer of the Institute in terms of section 29; and all employees of the National BotanicalInstitute, including its chief executive officer, must be regarded as having been appointed in terms of section 30 as employees of the South African National BiodiversityInstitute subject to the 35 same conditions of services which applied to them immediately before the repeal of the Forest Act, 1984. (3) Subsection (2)(c)does not affect pension, leave and other benefits which accrued to employees referred to in that subsection before the repeal of the Forest Act,1984, and such benefits must be respected as if there was no break in their service and no change 40 of employer. (4) As from the date of repeal of the Forest Act, 198” ( a ) all assets andliabilities and all rights and obligationsof the National Botanical Institute are vested in the South African National Biodiversity Institute; and ( b ) any balance in the National Botanical Institute Fund referred to in section 64 45 of that Act must be paidto the South African National Biodiversity Institute. Existing bioprospecting projects 105. (1) Any party involved at the commencement of Chapter 6 in a bioprospecting project which concerns any interests to be protected interms of section 82, may despite