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44 GOVERNMENT GAZETTE, 7 JUNE 2004 No. 26436 Act No. 10,2004 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ii) which is not listed in terms of section 56 but which does warrant special conservation attention; or ( c ) a migratory species to give effect to the Republic’s obligations in terms of an international. agreement binding on the Republic. (2) Beforeapprovingadraftbiodiversitymanagementplan,theMinistermust 5 identifya suitable person,organisation or organ of statewhich is willing to be responsible for the implementation of the plan. (3) The Minister must(a) publish by notice in the Gazette a biodiversity management plan approved in 10 terms of subsection (1); ( b ) determine the manier of implementation of the plan; and (c) assignresponsibilityfortheimplementation of theplan to theperson, organisation or organ of state identified in terms of subsection (2). Biodiversity management agreements 44. TheMinistermayenterintoabiodiversitymanagementagreementwith the 15 person, organisation or organ of state identified in terms of section 43(2), or any other suitableperson,organisationororgan of state, regardingtheimplementation of a biodiversity management plan, or any aspect of it. Contents of biodiversity management plans 45. Aplan management biodiversity must(a) be aimed at ensuringthelong-termsurvivalinnature of thespecies or ecosystem to which the plan relates; ( b j provide for the responsible person, organisation or organ of state to monitor and report on progress with implementation of the plan; and (c) be consistent with(i) this Act; (ii) the national environmental management principles; (iii) the national biodiversity framework; (iv) any applicable bioregional plan; (v) any plans issued in terms of Chapter 3 of the National Environmental Management Act; (vi) any municipal integrated development plan; (vii) any other plans prepared in terms of national or provincial legislation that is affected; and (viii) any relevant international agreements binding on the Republic. 20 25 30 35 Review and amendment of biodiversity management plans 46. (1) The Minister must review a biodiversity management plan published in terms of section 43(3) at least every five years, and assess compliance with the plan and the extent to which its objectives are being met. (2) The Minister,eitheronowninitiativeor on requestby an interestedperson, 40 organisation or organ of state, may by notice in theGazetteamendabiodiversity management plan published in terms of section 43(3). (3) Before amending a biodiversity management plan, the Minister must consult(a) any person, organisation or organ of state implementing the plan; and jhj any organ of state whose activities are affected by the implementation of the 45 plan. Consultation 47. (1) Before adoptingor approving a national biodiversity framework, a bioregional plan or a biodiversity management plan, or any amendment to such a plan, the Minister must follow consultative a process in accordance with sections 99 and 100.50

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