NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 10 OF 2004: PUBLICATION OF THE DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY BILL FOR PUBLIC COMMENT
Notice Title: National Environmental Management: Biodiversity Act, 10 of 2004 (“NEMBA”): Publication of the Draft National Environmental Management: Biodiversity Bill for Public Comment
Government Notice: GN 4887 in GG 50706 on 24 May 2024
Commencing date: Comments to be submitted on or before 23 July 2024
The Minister of Forestry, Fisheries and the Environment, published the draft National Environmental Management: Biodiversity Bill (“the Biodiversity Bill”) for public comments.
The Biodiversity Bill will enable:
- more effective implementation of the provisions and achievement of the objectives of NEMBA due to a revised regulatory approach;
- greater protection of species and ecosystems through additional provisions relating to the listing of species and ecosystems, implementation of international agreements and restriction of wildlife trafficking;
- more flexible management of species and ecosystems;
- more effective achievement of economic benefits in the biodiversity sector, as well as beneficiation from indigenous biological resources involved in bioprospecting; and
- transformation of the biodiversity sector.
Once the Biodiversity Bill is enacted and in operation, the Biodiversity Bill will repeal and replace the current NEMBA.
The primary purposes of the Biodiversity Bill are to:
- provide for the conservation and sustainable utilisation of ecosystems and species within the Republic of South Africa;
- provide for the duty of care towards all components of biodiversity and for the well-being of wild animals;
- provide for the development and alignment of biodiversity planning tools;
- provide for the management of the impacts of invasive species;
- provide for the fair and equitable sharing of benefits arising from bioprospecting involving indigenous biological resources and indigenous knowledge;
- address historical imbalances, enable and facilitate transformation, facilitate cultural practices and achieve equity within the biodiversity sector;
- provide for the South African National Biodiversity Institute to develop, manage, co-ordinate, promote and provide assistance on biodiversity;
- provide for the Scientific Authority to assist in regulating trade in specimens of species which are subject to international agreements regulating international trade and to assist with the regulation of species of concern; and
- provide for appropriate measures in response to climate change.
Members of the public are invited to submit written comments and inputs on or before 23 July 2024. For a copy of the Government Gazette Notice click here.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za.
