National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 5 : Species and Organisms Posing Potential Threats to BiodiversityPart 1 : Alien species69. Duty of care relating to alien species |
| (1) | A person authorised by permit, in terms of section 65(1), to carry out a restricted activity involving a specimen of an alien species must— |
| (a) | comply with the conditions under which the permit has been issued; and |
| (b) | take all required steps to prevent or minimise harm to biodiversity. |
| (2) | A competent authority may, in writing, direct any person who has failed to comply with subsection (1), or who has contravened section 65(1) or 67(2), to take such steps— |
| (a) | as may be necessary to remedy any harm to biodiversity caused by the actions of that person; and |
| (b) | as may be specified in the directive. |
| (3) | If that person fails to comply with a directive issued in terms of subsection (2), the competent authority may— |
| (a) | implement the directive; and |
| (b) | recover from that person all costs incurred by the competent authority in implementing the directive. |
| (4) | Should an alien species establish itself in nature as an invasive species because of the actions of a specific person, a competent authority may hold that person liable for any costs incurred in the control and eradication of that species. |