40 GOVERNMENT GAZETTE, 7 JUNE 2004 No. 26136 Act No. 10,2004 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (b) may set norms and standards for the exercise and performance by the Institute of its powers and duties; (c) mayissuedirectives to theInstitute on policy, planning,strategyand procedural issues to ensure its effective and efficient functioning; (d) mustdeterminelimits on feeschargedbytheInstituteintheexerciseand 5 performance of its powers and duties; and ( e ) may identifylandfornewbotanicalgardens and extensionstoexisting botanical gardens. (2) The Institute must exerciseits powers and performits duties subject toany norms andstandards,directivesanddeterminationsissuedbytheMinisterinterms of 10 subsection (1). Absence of functional Board Board the 36. In the event of absence of a functional Board, the powers and duties of the Board revert to the Minister who,in such a case, must exercise those powers and perform those until duties again. is functional 15 CHAPTER 3 BIODIVERSITY PLANNING AND MONITORING Purpose of Chapter 37. The purpose of this Chapter is to( a ) provide integrated for and co-ordinated biodiversity planning; 20 ( b ) provideformonitoringtheconservationstatus of variouscomponents of South Africa's biodiversity; and (c) promotebiodiversityresearch. Part 1 planning Biodiversity 25 National biodiversity framework 38. (1) The Minister( a ) must prepare and adopt a national biodiversity framework within three years of the date on which this Act takes effect; ( bimplementation monitor ) must framework; of the 30 ( e ) must review the framework at least every five years; and (d) may, when necessary, amend the framework. (2) The Minister must, by notice in the Gazette, publish the national biodiversity framework and each amendment of the framework. Contents of national biodiversity framework the 35 39. (1) The national biodiversity framework must( a ) provide for an integrated, co-ordinated and uniform approach to biodiversity managementbyorgans of state in allspheres of government,nongovernmentalorganisations,theprivate sector, localcommunities,other and stakeholders 40 ( b ) beconsistent with(i) thisAct; (ii) the national environmental management principles; and (iii) any relevant international agreements binding on the Republic; I C ) identifypriorityareasforconservationactionandtheestablishment of 45 protected areas; and (dl reflect regional co-operation on issues concerning biodiversity management in Southern Africa. (2) The national biodiversity framework may determine norms and standards for provincial and municipal environmental conservation plans. 50