National Environmental Management: Biodiversity Act, 2004

 

To provide for the management and conservation of South Africa’s biodiversity within the framework of the National Environmental Management Act, 1998; the protection of species and ecosystems that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bioprospecting involving indigenous biological resources; the establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith.

 

 

Latest Developments:

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), has been updated with the Biodiversity Management Plan for the Southern Ground-Hornbill (Bucorvus leadbeateri) – the full Management Plan can be viewed as part of this notice, as per Notice No. 3921 of GG49379 dated 29 September 2023.

 

The National Environmental Management Laws Amendment Act, 2022 (No. 2 of 2022) has updated and made Amendments to:

National Environmental Management Act 1998

National Environmental Management: Protected Areas Act 2003

National Environmental Management: Biodiversity Act 2004

National Environmental Management: Air Quality Act 2004

National Environmental Management: Integrated Coastal Management Act 2008

National Environmental Management: Waste Management Act 2008 - Effective 30 June 2023 (save for certain sections) per Proclamation 125 of GG48869 -

as per Notice No. 2203 of GG46602, dated 24 June 2022.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), has been updated with the Withdrawal of Government Notices No. 3009, 3010, 3011, 3012 and 3013, as per Notice No. 3238 of GG48349 dated 31 March 2023.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), has been updated with the Amendment of Regulation N626 of 2020 (Reg15(2)(d) - effective date 1 April 2023, as per Notice No. 3013 of GG47984 dated 3 February 2023.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), has been updated with the Repeal of List published under Notice R.151 of 23 February 2007 and new List of Terrestrial Species and Freshwater Species that are threatened or protected, restricted activities that are prohibited, and restricted activities that are exempted – effective 1 April 2023, as per Notice No. 3012 of GG47984 dated 3 February 2023.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), has been updated with Norms and Standards for Trophy Hunting of Leopard in South Africa, 2023 – effective 1 April 2023, as per Notice No. 3011 of GG47984 dated 3 February 2023.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), has been updated with National Norms and Standards for the Management of Elephants in South Africa, 2023 – effective 1 April 2023, as per Notice No. 3010 of GG47984 dated 3 February 2023.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), has been updated with Regulations pertaining to threatened or protected terrestrial species and freshwater Species, 2023 – effective 1 April 2023, as per Notice No. 3009 of GG47984 dated 3 February 2023.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been updated by the publication of the Suspension of the Application of the Directions for live biodiversity auctions Amendment to N591 of 5 July 2021 of GG 44807, as per Notice No. 619 of GG44862 dated 16 July 2021.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been updated by the publication of Directions regrading measures to address, prevent and combat the spread of Covid-19 relating to the Biodiversity Sector, as per Notice No. 591 of GG44807 dated 5 July 2021.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been updated to record the effects of the Disaster Management Acts 2002 – Amend Notice No. 1064 of 7 October 2020 and Repeal Notices 537 of 14 Mat 2020 and 647 of 5 June 2020, as per Notice No. 187 of GG44246 dated 5 March 2021.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been updated to record the Commencement of the Alien and Invasive Species Lists 2020 and the Alien and Invasive Species Regulations 2020, as per Notice No. 115 of GG44182 dated 24 February 2021.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been updated to record the Extension of Commencement date of the Alien and Invasive Species Lists, 2020 and the Alien and Invasive Species Regulations, 2020, as per Notice No. 1100 of GG43818 dated 16 October 2020.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been updated by the Repeal of R598 of 2015 - new Alien and Invasive Species Regulations 2020, as per Notice No. 1020 of GG43735 dated 25 September 2020.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been updated by the Repeal of N864 and new Alien & Invasive Species List, 2020, as per Notice No. 1003 of GG43726 dated 18 September 2020.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been amended by Threatened or Protected Marine Species Regulations, Notice No. R. 477, Government Gazette 40876, dated 30 May 2017.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been updated by Notices, Trade in Listed Threatened or Protected Species as per Notice No. 431 of GG37736 dated 13 June 2014.

 

The Biodiversity Act, 2004 (Act No. 10 of 2004) has been amended by Regulations on Bio-Prospecting, Access and Benefit-Sharing, Government Gazette 30739, Notice No. R. 138, dated 8 February 2008.

 

The Biodiversity Act, 2004 (Act No. 10 of 2004) has been amended by Notice of Exemption in Terms of Section 86, Government Gazette 30739, Notice No. R. 149, dated 8 February 2008.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been amended by “National Environmental Management: Biodiversity Act: Commencement of Bio-Prospecting, Access and Benefit-Sharing Regulations, 2008”, Government Gazette 30739, Notice No. R. 137, dated 8 February 2008.

 

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has been added to the website by Government Gazette 26436, Notice No. 700, dated 7 June 2004.