National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Chapter 4 : Threatened or Protected Ecosystems and Species

Part 1 : Protection of threatened or protected ecosystems

52. Ecosystems that are threatened or in need of protection
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(1)        

(a)The Minister may, by notice in the Gazette, publish a national list of ecosystems that are threatened and in need of protection.
(b)An MEC for environmental affairs in a province may, by notice in the Gazette, publish a provincial list of ecosystems in the province that are threatened and in need of protection.

 

(2)The following categories of ecosystems may be listed in terms of subsection (1):
(a)critically endangered ecosystems, being ecosystems that have undergone severe degradation of ecological structure, function or composition as a result of human intervention and are subject to an extremely high risk of irreversible transformation;
(b)endangered ecosystems, being ecosystems that have undergone degradation of ecological structure, function or composition as a result of human intervention, although they are not critically endangered ecosystems;
(c)vulnerable ecosystems, being ecosystems that have a high risk of undergoing significant degradation of ecological structure, function or composition as a result of human intervention, although they are not critically endangered ecosystems or endangered ecosystems; and
(d)protected ecosystems, being ecosystems that are of high conservation value or of high national or provincial importance, although they are not listed in terms of paragraphs (a), (b) or (c).

 

(3)A list referred to in subsection (1) must describe in sufficient detail the location of each ecosystem on the list.

 

(4)The Minister and the MEC for environmental affairs in a relevant province, respectively, must at least every five years review any national or provincial list published by the Minister or MEC in terms of subsection (1).

 

(5)An MEC may publish or amend a provincial list only with the concurrence of the Minister.