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

Chapter 7 : Permits

87A. Issuing authority

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(1)The Minister is the issuing authority responsible for deciding an application for a permit for—
(a)the carrying out of a restricted activity involving a specimen of a listed threatened or protected species
(i)in a national protected area;
(ii)that is a marine species; or
(iii)applied for by an official, on behalf of—
(aa)a provincial department or provincial organ of state responsible for the conservation of biodiversity in a province;
(bb)a national protected area;
(cc)the South African National Biodiversity Institute; or
(dd)an organ of state in the national sphere of government;
(b)the import, export, re-export or introduction from the sea, of a specimen of a species listed in terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora—
(i)originating from a national protected area;
(ii)that is a marine species; or
(iii)applied for by an official, on behalf of—
(aa)a provincial department or provincial organ of state responsible for the conservation of biodiversity in a province;
(bb)a national protected area;
(cc)the South African National Biodiversity Institute; or
(dd)an organ of state in the national sphere of government;
(c)the carrying out of a restricted activity involving a specimen of an alien or a listed invasive species;
(d)the commercialisation phase of bioprospecting involving any indigenous biological resources; or
(e)the export of any indigenous biological resources from the Republic for the purpose of bioprospecting.

 

(2)The MEC is the issuing authority responsible for deciding an application for any permit not listed in subsection (1).

 

(3)Notwithstanding subsections (1) and (2), the Minister and the MEC may in writing agree that any application for a permit or a type of permit—
(a)contemplated in subsection (1) may be decided by the MEC; or
(b)contemplated in subsection (2) may be decided by the Minister.

 

[Section 87A inserted by section 22 of Act No. 14 of 2013]