National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 1 : Interpretation, Objectives and Application of Act8. Conflicts with other legislation |
| (1) | In the event of any conflict between a section of this Act and— |
| (a) | other national legislation in force immediately prior to the date of commencement of this Act, the section of this Act prevails if the conflict specifically concerns the management of biodiversity or indigenous biological resources; |
| (b) | provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and |
| (c) | a municipal by-law, the section of this Act prevails. |
| (2) | In the event of any conflict between subordinate legislation issued in terms of this Act and— |
| (a) | an Act of Parliament, the Act of Parliament prevails; |
| (b) | provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and |
| (c) | a municipal by-law, the subordinate legislation issued in terms of this Act prevails. |
| (3) | For the proper application of subsection (2)(b) the Minister must, in terms of section 146(6) of the Constitution, submit all subordinate legislation issued in terms of this Act which affects provinces to the National Council of Provinces for approval. |