Eastern Cape Environmental Management Act, 2024

Act 2 of 2024

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Eastern Cape Environmental Management Act, 2024

Jurisdiction: Eastern Cape
Citation: Act 2 of 2024
Date: 5 August 2024
Language: English
Type: Act
Publication: Download PDF (6.7 MB)

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Eastern Cape
South Africa

Eastern Cape Environmental Management Act, 2024

Act 2 of 2024

Published in Provincial Gazette 5256 on 5 August 2024
Assented to on 21 June 2024
Not commenced
[This is the version of this document from 5 August 2024 and includes any amendments published up to 21 April 2025.]

ACTTo rationalize, consolidate and reform the law regulating environmental management and to provide for the harmonisation of provincial legislation with national legislation regulating protected areas and biodiversity; and to provide for matters connected therewith.BE IT ENACTED by the Provincial Legislature of the Province of the Eastern Cape as follows:—

Chapter 1
Interpretation and fundamental principles

1. Definitions

(1)In this Act, unless the context indicates otherwise—"adequately enclosed" in relation to land means enclosed by—(a)any fence, wall or obstruction of any kind whatsoever forming an enclosure from which any wild animal of a species specified in a certificate of adequate enclosure issued in terms of section 24(4) is unable to escape without breaking it;(b)any natural boundary through or over which any wild animal of a species as specified in subsection (a) will under normal circumstances not pass; or(c)any combination of fences, walls, obstructions or boundaries referred to in subsection (a) and (b) so that a species as specified in subsection (a) cannot escape from such land;"alien species" means—(a)a species that is not an indigenous species within the borders of the Province of the Eastern Cape; or(b)an indigenous species translocated or intended to be translocated to a place outside its natural distribution range in nature, but not an indigenous species that has extended its natural distribution range by natural means of migration or dispersal without human intervention;"biodiversity" means the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and also includes diversity within species, between species, and of ecosystems;"Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);"biosphere reserve" means an area designated for inclusion in the World Network of Biosphere Reserves by the International Coordinating Council of the Man and the Biosphere Programme;"Biosphere Reserve Interim Committee" means a committee established in terms of section 12(4);"captivity" in relation to a wild animal other than a fish, means the holding of an animal captive, in an enclosure or elsewhere, in such a way that it is unable to maintain itself by natural means;"carcass" in relation to any wild animal means the whole or any part of the meat whether dried, smoked, salted, cured or treated in any manner, head, tooth, horns, shell, scale, tusks, bones, feathers, tail, claw, paw, hoof, skin, hide, hair, viscera or any part whatsoever of the carcass, and includes the egg;"catch" in relation to a fish, means to take out of water or bring to land in any manner or to possess in a net, whether or not the net is in the water, or to be in possession of a fish in or on any boat or on land, and includes any injuring, immobilizing or killing of such fish or attempting to take, injure, immobilize or kill or to pursue or disturb wilfully any such fish;"certificate of adequate enclosure" means the certificate issued in terms of section 24(4) of this Act;"conservancy" means an area established in terms of section 4;"conservation area" means an area of land or sea that is not a protected area in terms of the Protected Areas Act but is nevertheless managed at least partly for biodiversity conservation;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);"cultivate" means the artificial reproduction of flora in any manner whatsoever;"daily bag limit" means the number of species and mass specified in a notice issued in terms of section 49 or caught or captured on any day;"damage-causing animal" means any species of wild animal identified in terms of section 45;"Department" means the department responsible for environmental affairs in the Province;"ecological infrastructure" means naturally functioning ecosystems, including strategic water source areas, water resources, coastal dunes, wetlands and nodes and corridors of natural habitat, which together form a network of interconnected structural elements in the landscape that delivers ecosystem services;"endangered species" means any indigenous species as prescribed or listed as an endangered species for the Province in terms of this Act;"export" in relation to the Province means to convey out or transfer out, or to attempt to convey or transfer out, from a place within the Province to another Province or to a place outside the Republic of any species or specimen;"feral animal" means a domestic animal which has gone wild, including a hybrid of such an animal and wild animal;"fish" when used as a noun, means any aquatic wild animal living in inland waters, other than an amphibian, reptile, bird or mammal, whether vertebrate or invertebrate, and includes the egg, spawn or larvae of any such animal;"flora" means any plant including the whole or any part of the plant whether dead or dried;"game" means all game kept or held for commercial, hunting, or conservation purposes;"Gazette" means the Provincial Gazette of the Province;"Head of Department" means the Head of the Department responsible for environmental affairs in the Province;"higher level framework" means relevant national legislation;"holding facility" means an enclosure or other structure used for keeping animals on a temporary basis;"hunt" in relation to a wild animal other than fish, means to hunt or search for, to kill, capture or attempt to kill or capture, to pursue, follow or drive with the intent to kill or capture, or to shoot at, poison, lie in wait for, wilfully disturb or to collect or try to collect or to destroy the eggs of a bird or reptile by any means;"hunting contractor or hunting outfitter" means a person who for reward offers or organises the hunting of a wild animal to or for some other person not normally resident in the Republic;"hunting season" means the period in each year determined by the MEC in terms of section 48 during which a species of wild animal may be hunted subject to the requirements of this Act;"import" in relation to the Province—(a)means to convey or introduce into the Province species or specimen; and(b)includes the conveyance into the Province for re-export to a place outside the Province of any species or specimen;"indigenous species" means a species that occurs, or has historically occurred, naturally in a free state in nature within the borders of the Province or the Republic, but excludes a species that has been introduced in the Province or the Republic as a result of human activity;"inland waters" means all waters which do not—(a)permanently, or at any time of the year, form part of the sea;(b)become saline; or(c)rise owing to the influence of the sea;"Integrated Coastal Management Act" means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);"lower level framework" means related provincial legislation and by-Laws, excluding this Act;"Management Committee" means a committee established in terms of section 14(2);"Man and the Biosphere Programme" means the UNESCO programme which is an intergovernmental scientific programme that aims to establish a scientific basis for enhancing the relationship between people and their environments;"management plan" means a management plan referred to in section 15;"MEC" means the member of the Executive Council of the Province, to whom the Premier has assigned the responsibility for environmental affairs;"Minister" means the Minister in the National Government responsible for environmental affairs;"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act No. 107 of 1998);"owner" in relation to land, means—(a)the person in whom is vested the legal title thereto;(b)where the legal title thereto is vested in an association of persons, whether corporate or unincorporated, the person designated in writing as the owner thereof by such association;(c)in the case of land under the control or management of a local authority, the local authority concerned;(d)in the case of State land not under the control or management of a local authority, the National Minister of the Department responsible for Public Works and Infrastructure or the Member of the Executive Council having control or management thereof;(e)in the case of communal land the National Minister responsible for rural development and land reform and the lawful occupiers of the communal land in question;(f)in the case of land not occupied by the owner as contemplated by subparagraph (a)(i), the person who is in actual occupation of the land, who exercises general control over such land and who has been authorised in writing by the owner as contemplated by the said subparagraph to exercise the rights conferred on an owner of land by this act; and(g)where the owner as contemplated by subparagraph (a), (b) or (f) has passed away or insolvent or has assigned his estate for the benefit of his creditors or has been placed under curatorship by order of court or is a company being wound up or under judicial management, the person in whom the administration of such land is vested as executor, administrator, trustee, assignee, curator, liquidator or judicial manager, as the case may be;"permit" means a written permit issued in terms this Act;"pick" includes cut, chop off, take, gather, pluck, uproot, break or destroy: "prescribe" means prescribe by regulation in terms of section 86;"professional hunter" means a person who for reward offers to escort some other person not normally resident in the Republic in order to enable such other person to hunt a wild animal;"Professional hunting school director" means an owner of the professional hunting school;"protected area" means any of the protected areas referred to in Chapter 3 of this Act and as defined in the Protected Areas Act;"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);"Province" means the Province of the Eastern Cape as defined in section 103 of the Constitution of the Republic of South Africa, 1996;"provincial environmental officer" means an official of the Department designated in terms of section 61;"relative" means the spouse, or those in a similar arrangement, children, parents, and siblings, whether by birth or marriage, or similar lawful arrangement;"strategic water sources area" means all natural source areas for both surface water and groundwater, which provide disproportionate amounts of water and which meet significant social, economic and environmental water requirements;"this Act" includes any regulation, proclamation or notice issued in terms of a provision of this Act;"trap" means any trap, spring trap, snare, gin trap, cage, net, pit fail or birdlime and any other device or method whatsoever which can be used or adapted for the capture of wild animals;"UNESCO" means the United Nations Educational, Scientific and Cultural Organisation, and includes the International Coordinating Council of the Man and the Biosphere Programme;"volunteer environmental officer" means a person appointed in terms of section 73; and"wild animal" means any live vertebrate or invertebrate animal belonging to a nondomestic species and includes any such animal which is kept or has been born in captivity, the egg or spawn of any such animal but excluding any ostrich and the egg of an ostrich used for farming purposes.

(2)In this Act, unless the context indicates otherwise, a word or expression or any derivative or other grammatical form of such word or expression to which a meaning has been assigned in the following acts, has the corresponding meaning that has been assigned to such word or expression:

(a)National Environmental Management Act, 1998 (Act No. 107 of 1998);

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

(c)National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008); and

(d)National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).

(3)In this Act, a word or expression derived from a word or expression defined in subsection (2) has a corresponding meaning unless the context indicates that another meaning is intended.

2. Objects of this Act

The objects of this Act are—

(a)to supplement national legislation where necessary to protect the environment in the Province by providing reasonable measures for—

(i)the management, protection and conservation of certain areas of ecological or environmental importance;

(ii)the promotion of the sustainable utilisation of the areas of ecological or environmental importance;

(iii)the management, protection and conservation of biological diversity and of the components of such biodiversity; and

(iv)the use of indigenous biological resources in a sustainable manner;

(b)to provide for sound environmental management, enhancing and encouraging sustainable use of resources;

(c)to encourage conservation, using a risk averse approach;

(d)to set provincial requirements, norms and standards for provincial environmental management;

(e)to provide for compliance with the measures set out in paragraph (a); and

(f)generally, to give effect to section 24 of the Constitution within the Province.

3. Application of Act

(1)This Act must be read, interpreted and applied in conjunction with the following National Acts, including policies and norms and standards made in terms of any of those Acts—

(a)National Environmental Management Act, 1998 (Act No. 107 of 1998);

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

(c)National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008); and

(d)National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).

(2)In the event of a conflict between this Act and a provision of any legislation mentioned in subsection (1), the conflict must be resolved in terms of section 146 of the Constitution.

Chapter 2
Conservancies

4. Establishment of conservancies

(1)Any group of adjoining landowners or in the case of communally owned land, the owner, may apply to the MEC for permission to establish and operate a conservancy for the purpose of jointly conserving and managing the biodiversity found in a natural state on that land.

(2)The MEC must, before deciding the application in terms of subsection (1), follow a process of consultation as prescribed.

(3)If the MEC grants permission for the establishment and operation of a conservancy, the MEC must, by notice in the Gazette, publish the details of that conservancy as well as the reasons for the decision within 30 days.

(4)The MEC may prescribe norms and standards, requirements for the establishment, management, and operation of conservancies, including signage that may be used by conservancies.

(5)If an owner or adjoining owners of land operate a conservancy that was established before this Act came into operation, such owner or adjoining owners must submit an application to the MEC to recognise the establishment of the conservancy in terms of this Act.

(6)If the MEC recognises the establishment and operation of conservancy in terms of this Act, the MEC must, by notice in the Gazette—

(a)publish the details of that conservancy;

(b)the reasons for the decision; and

(c)conditions applicable, as soon as is reasonably practicable.

(7)If the MEC does not recognise the establishment and operation of conservancy in terms of this Act, the owner or joint owners of the land must submit an application in terms of subsection (1) within 2 years of the date of a notice that the conservancy is not recognised as being established in terms of this Act.

5. Withdrawal of status as a conservancy and exclusion of land from such areas

(1)The MEC may—

(a)withdraw his or her permission for land to operate as a conservancy; or

(b)exclude certain land from any part of a conservancy.

(2)The MEC must, before taking a decision to withdraw the status of a conservancy, or excluding land from a conservancy, in terms of subsection (1), follow a process of consultation as prescribed.

(3)If the MEC decides to withdraw a permission to operate as a conservancy or excludes certain land from any part of a conservancy, he or she must publish a notice of that decision in the Gazette within 30 days of taking the decision.

(4)If the owner or joint owners of a conservancy established and operated in terms of this Act apply to the MEC to withdraw the permission to operate as a conservancy or to exclude certain land from any part of a conservancy, the MEC must publish a notice of his or her decision in the Gazette within 30 days after taking the decision.

(5)The MEC must comply with the Promotion of Administrative Justice Act No. 3 of 2000 in respect of all decisions taken.

Chapter 3
Biodiversity

6. Listing of provincially protected species

(1)The MEC may, by notice in the Gazette, publish a list of species that are protected in the Province.

(2)A list published in terms of subsection (1) may divide species into different categories.

(3)The MEC may, by notice in the Gazette, at any time, amend any list published in terms of subsection (1) by—

(a)adding species to the list;

(b)removing species from the list; or

(c)making any other necessary change to give effect to the objects of this Act.

(4)The MEC must review the list published in terms of subsection (1) at least every five years.

(5)The published list remains in force until a new or amended list is published.

7. Restricted activities involving provincially protected species

(1)A person may not carry out a restricted activity, as defined in any regulations made in terms of this Act involving a specimen of a listed species that are protected in the Province without a permit issued in terms of this Act.

(2)The MEC may by notice in the Gazette, prohibit the carrying out of any activity—

(a)which is of a nature that may negatively impact on the survival of a listed threatened or protected species; and

(a)which is specified in the notice, or prohibit the carrying out of such activity without a permit issued in terms of this Act.

8. General powers in respect of biodiversity

(1)The MEC may prescribe biodiversity planning for the Province, including the adoption of a biodiversity conservation plan, the identification and management of ecosystems and the identification and protection of ecological infrastructure in the Province.

(2)If the Department at any time considers it necessary or desirable that special measures be taken to ensure the survival of any species of wild animal or flora, it may, after consultation with the owner of any land on which such species is found—

(a)cause a number of specified wild animal to be captured or a number of specified flora to be picked or gathered which it considers necessary for the purpose of preserving or propagating the wild animal or flora;

(b)remove any captured, picked or gathered wild animal or flora contemplated in paragraph (1)(a) to a protected area or other suitable place;

(c)take such steps as may be required for the preservation or propagation of the species on the land where that species is found; or

(d)direct the owner, in writing, to take such steps as it considers necessary for the preservation or propagation of the species on the land in question.

(3)Any person who receives a directive in terms of subsection (2)(d) may object to the directive by making representations, in writing, to the MEC within 30 days of receipt of the directive, or within such longer period as the MEC may determine.

(4)After considering any representations made in terms of subsection (2) and any other relevant information, the MEC—

(a)may confirm, modify or cancel any part of a directive; and

(b)must specify the period within which the person who received the directive must comply with any part of the directive that is confirmed or modified.

(5)Failure to comply with a directive issued in terms of this section is considered as an offence stipulated in section 76 of this Act.

(6)If the Department is of opinion that any wild animal or any species of wild animal found on any land or in the case of a species of wild animal, the number of such species determined by the MEC—

(a)is detrimental to the preservation of wild animal or flora;

(b)is likely to be dangerous to human life;

(c)is wounded, diseased or injured;

(d)is causing damage to crops or other property, whether movable or immovable, of any person, or

(e)should be hunted in the interests of nature and environmental conservation,

the Department may, with the approval of the MEC, cause such animal, or such species, to be hunted on such land, or any land to which such animal may flee while being pursued for the purpose of being hunted in terms of this section.

9. Management of flora not listed as protected

(1)The MEC may make regulations to manage flora that is not listed as protected.

(2)The MEC may, by notice in the Gazette, publish a list of activities relating to flora to ensure the survival of a species or the functioning of an ecosystem.

(3)A notice issued by the MEC in terms of subsection (2) must specify—

(a)whether a permit is required to carry out the activity;

(b)the standards or requirements that must be complied with in carrying out that activity; or

(c)whether the activity is prohibited.

(4)A person may only carry out an activity identified in terms of subsection (3) if—

(a)that activity is authorised by a permit issued in terms of section 10 where a permit is required; or

(b)without a permit, if that activity is carried out in accordance with such standards or requirements that have been specified by the MEC.

10. Permit system

(1)The MEC is the issuing authority responsible for decision making on an application for a permit in terms of this Act.

(2)The MEC may make regulations relating to a permit system in the Province, including the format, procedure and conditions of applications and permits issued in terms of this Act.

(3)The MEC may issue an integrated permit for an activity that requires a permit both in terms of this Act and the Biodiversity Act, if the MEC is authorised to issue such permit in terms of the Biodiversity Act.

Chapter 4
Biosphere reserves

Part 1 – Application to establish a biosphere reserve

11. Purpose of this Chapter

The purpose of this Chapter is to—

(a)promote the protection of areas of high biodiversity value and ecological importance in the Province as biosphere reserves designated in terms of the Man and the Biosphere Programme;

(b)make provision for protection by law of biosphere reserves or proposed biosphere reserves;

(c)ensure that any development in biosphere reserves is undertaken and managed in a sustainable manner taking into account the purpose of a biosphere reserve;

(d)ensure that any development within a biosphere reserve is managed in accordance with the principle of sustainability through the development, application and enforcement of the requisite management plan; and

(e)ensure that the need for and purpose of biosphere reserves, and the type of development to be allowed in and around biosphere reserves, are taken into account when any spatial development decision which may potentially impact on the biosphere reserves is taken.

12. Preliminary approval to establish biosphere reserve

(1)Any person, group of persons or organ of state may request the MEC to preliminarily approve the establishment of a biosphere reserve in the Province.

(2)The request must be in the format determined by the Man and the Biosphere Programme and must include the proposed composition of the Biosphere Reserve Interim Committee.

(3)Before submission of the request to the MEC, the prescribed public participation process must be undertaken.

(4)If the MEC preliminarily approves a request, a Biosphere Reserve Interim Committee must be established in the prescribed manner and subject to the conditions determined by the MEC.

(5)A Biosphere Reserve Interim Committee must be broadly representative of all relevant interested persons, institutions and communities.

13. Application for UNESCO designation as biosphere reserve

(1)A Biosphere Reserve Interim Committee must compile an application for UNESCO designation of the biosphere reserve, in the format determined by the Man and the Biosphere Programme.

(2)A Biosphere Reserve Interim Committee must, within 12 months after its establishment in terms of section 12(4), or a longer period as approved by the MEC, submit the application to the MEC for consideration.

(3)If the MEC refuses an application or does not receive it within the period longer period referred to in subsection (2), the application as well as the preliminary approval of the establishment of the biosphere reserve lapse.

(4)If the application complies with the relevant Man and the Biosphere criteria, the MEC must forward the application to the Minister for submission to UNESCO.

(5)If UNESCO designates the biosphere reserve, the MEC must give notice in the Provincial Gazette of the designation and add that sections 14, 15, 16, 17, 18 and 19 become applicable.

Part 2 – Management of biosphere reserve and management plans

14. Management of biosphere reserve

(1)The MEC must—

(a)ensure that a biosphere reserve is properly managed in accordance with management principles determined by him or her; and

(b)publish the management principles simultaneously with the notice referred to in subsection 13(5) or as soon as possible thereafter.

(2)After designation of a biosphere reserve, a Management Committee must be established in the prescribed manner to replace the Biosphere Reserve Interim Committee.

(3)Upon establishment of the Management Committee, the functions of the Biosphere Reserve Interim Committee are automatically transferred to the Management Committee.

(4)The Management Committee—

(a)is responsible for the management of the biosphere reserve, subject to this Act and the management principles referred to in subsection (1);

(b)must compile a constitution for the biosphere reserve in the prescribed manner and containing the prescribed particulars;

(c)must provide an annual report on its activities to the MEC, municipalities in whose areas of jurisdiction the biosphere reserve is located and adjacent municipalities; and

(d)must compile a management plan for the biosphere reserve.

(5)The MEC must periodically, and at least every 10 years, with effect from the designation of a biosphere reserve, review the status, functioning, effectiveness and management plan of the biosphere reserve according to the relevant objectives, strategies and guidelines of the Man and the Biosphere Programme, and report thereon to the Minister.

15. Management plan for biosphere reserve

(1)The Management Committee must, as soon as possible after its appointment, prepare a management plan for the biosphere reserve in accordance with the process principle of planning and the prescribed approval procedure.

(2)The MEC may prescribe, in accordance with the process principle of planning—

(a)the manner in which the management plan is to be drafted; and

(b)the consultation process that must be followed in respect to the publication of the final management plan.

(3)Subject to subsection (4), the management plan must comply and be consistent with any spatial framework or plan in terms of any legislation, including any—

(a)environmental implementation plan or environmental management plan referred to in Chapter 3 of the National Environmental Management Act;

(b)integrated management plan referred to in Chapter IV of the World Heritage Convention Act, 1999 (Act No. 49 of 1999);

(c)integrated development plan referred to in section 25 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);

(d)management plan referred to in Chapter 4 of the Protected Areas Act, insofar as the biosphere reserve may include an existing special nature reserve, national park, nature reserve or protected environment as defined in that Act;

(e)national biodiversity framework, bioregional plan or biodiversity management plan referred to in Chapter 3 of the Biodiversity Act;

(f)plan under the Integrated Coastal Management Act;

(g)plan under the Physical Planning Act, 1991 (Act No.125 of 1991); and

(h)any plan under applicable land use and development legislation.

(4)Notwithstanding subsections (3) and (6), a management plan which is inconsistent with a framework or plan referred to in subsection (3) can be approved insofar as it is more restrictive than that framework or plan.

(5)The Management Committee must within 12 months after designation of the biosphere reserve, or the longer period approved by the MEC, submit the management plan to the MEC for approval.

(6)If the MEC approves the management plan, it is regarded as a plan approved in terms of applicable land use and development legislation.

(7)The MEC may amend a management plan in the prescribed manner.

(8)Other than the appointment of the Management Committee and the preparation of the management plan, no further steps may be taken to implement the designation conditions of the biosphere reserve before the approval of the management plan.

(9)All land uses and land use plans within a biosphere reserve must comply or be consistent with the management plan concerned: Provided that—

(a)the management plan does not take away current land use rights;

(b)an existing legal land use, which does not comply with or is inconsistent with a management plan at the time of the approval of the plan, that land use may continue to be exercised until interrupted for at least two years or until a further building plan approval is required, whichever occurs first;

(c)where a land use referred to in paragraph (b)—

(i)is interrupted for at least two years; or

(ii)requires further building plan approval,

the use of the land concerned must be caused to comply or be consistent with the management plan; and

(d)where subparagraph (c)(ii) applies, but additional building plan approval is in the opinion of the municipal manager concerned, not required for the purpose of land use or building expansion, the municipal manager may approve the building plan without requiring compliance with paragraph (c).

16. Compliance, consistency and conformity of land use with a management plan

(1)A land use complies with the management plan if the designation on the management plan explicitly provides for the concerned land use.

(2)A land use is consistent with the management plan if the designation on the management plan does not explicitly provide for the land use concerned, but the land use in the particular location would not conflict with the goals of the designation.

(3)A proposed land use which does not comply with or is inconsistent with the management plan may not be approved, unless the management plan is appropriately amended, either before the approval concerned or simultaneously therewith.

17. Approval, revision or amendment of a management plan

(1)The MEC may approve a management plan if—

(a)the management plan complies with a higher level framework or plan existing under other legislation and functioning at a higher level in relation to the management plan; and

(b)the designations of the higher level framework or plan explicitly provide for the proposals of the lower level framework plan.

(2)The MEC may regard a management plan consistent with a higher level framework or plan existing under other legislation and functioning at a higher level in relation to the management plan, if the designations of the higher level framework or plan do not explicitly provide for the proposals of the lower level management plan, but those proposals in the particular locations would not conflict with the goals of the designations concerned.

(3)The management plan that does not comply with or is inconsistent with a higher level framework or plan existing under other legislation and functioning at a higher level in relation to the management plan, may not be approved, revised or amended unless the higher level framework or plan under the legislation concerned, is appropriately amended either before the approval, revision or amendment of the management plan concerned or simultaneously therewith.

18. Compliance and consistency of a framework or plan existing under other legislation with a management plan

(1)A framework or plan existing under other legislation and functioning at a lower level in relation to the management plan—

(a)complies with the management plan if the designations of the management plan explicitly provide for the proposals of the lower level framework or plan; and

(b)is consistent with the management plant if the designations of the management plan don't explicitly provide for the proposals of the loer level framework or plan, but those proposals in the particular locations would not conflict with the goals of designations concerned.

(2)A framework or plan contemplated under other legislation and intended to function at a lower level in relation to the management plan must comply or be consistent with the management plan, and may not be approved unless the management plan is appropriately amended, either before the approval concerned or simultaneously therewith.

(3)A framework or plan existing under other legislation and functioning at a lower level in relation to the management plan must comply or be consistent with the management plan, and may not be revised or amended in a way which does not comply with or is inconsistent with the management plan, unless the management plan is appropriately amended, either before the revision or amendment concerned or simultaneously therewith.

19. Dispute concerning consistency in relation to a management plan

When a dispute arises concerning consistency in relation to a management plan as contemplated in sections 15, 16, 17, and 18, the matter must be referred to an appropriate intergovernmental dispute resolution forum.

20. Expansion of biosphere reserve

(1)The Management Committee of a biosphere reserve may at any time apply for the expansion of the reserve.

(2)An application for the extension of a biosphere reserve follows the same procedure as described in section 12 for new designations.

(3)For the purposes of subsection (2) the Management Committee must perform the functions of the Biosphere Reserve Interim Committee transferred to it in terms of section 14.

21. Funding of biosphere reserve

(1)The MEC may, in accordance with an appropriation by the Provincial Legislature of the Province, provide financial or other assistance in respect to the establishment, operation, management or extension of, or in respect of conservation within, a biosphere reserve.

(2)The assistance may be made subject to conditions determined by the MEC with the concurrence of the Member of the Executive Council responsible for finance.

22. Management principles for biosphere reserves

The MEC may make regulations on principles for the management of biosphere reserves.

23. Existing biosphere reserves

(1)The management of a biosphere reserve existing in the Province on the date of commencement of this Act must within three months after that date—

(a)appoint a Management Committee in the prescribed manner; and

(b)transfer its functions to the Management Committee.

(2)The Management Committee must within 12 months after its appointment, or a longer period approved by the MEC, submit a management plan for the biosphere reserve to the MEC in accordance with section 15.

Chapter 5
Certificates of adequate enclosure

24. Certificate of adequate enclosure

(1)Any owner of land on which any species of wild animal is found may in the prescribed manner and form and in relation to any such species, apply to the MEC for a certificate of adequate enclosure as contemplated by subsection (2) in respect of the whole or any portion of such land.

(2)Any application under subsection (1) must—

(a)include a full description of the land in respect of which application is made, its boundaries and size and the vegetation thereon;

(b)state the species of wild animal to which the application relates, the estimated number of such species in a free state of nature and the number of such species in captivity, on the land referred to in paragraph (a); and

(c)set forth the grounds on which the land in question is considered to be adequately enclosed.

(3)For the purpose of deciding upon any such application the MEC may require the applicant to furnish him or her with such further information as he or she may consider necessary or desirable.

(4)If the MEC—

(a)having regard to the size of the land in respect of which application has been made under subsection (1), the number of the species of wild animals to which such application relates which is normally found on such land and such other circumstances as he may consider relevant, is of the opinion that the animals in question are in effect being kept in captivity, he or she shall refuse the application; or

(b)is satisfied that such land is adequately enclosed in relation to such species, he or she may in his or her discretion grant the application subject to such conditions as he may consider necessary or desirable and issue to the applicant a certificate of adequate enclosure in respect of such land and shall in such certificate specify the conditions, if any, subject to which it is issued, define the boundaries of the land concerned and specify the species of protected wild animal to which it relates.

(5)A certificate of adequate enclosure issued in terms of this section is valid for a period of three (3) years.

(6)A certificate of adequate enclosure may at any time during the period of validity referred to in subsection (5), be suspended or withdrawn by the MEC, provided that the MEC gives at least seven days' written notice, as prescribed, to the owner of the holder of the certificate of adequate enclosure indicating corrective measures to be taken by the holder of the certificate to avoid suspension or withdrawal of the certificate.

(7)The MEC may suspend or withdraw the certificate of adequate enclosure in writing, providing reasons for the suspension or withdrawal, if the holder fails to implement, or make satisfactory arrangements to implement, the corrective measures indicated in the notice in terms of subsection (6).

(8)Any certificate issued prior to the coming into operation of this Act is deemed to be a certificate of adequate enclosure issued in terms of subsection (4), and any such certificate remains valid for the period stated therein unless it is withdrawn in terms of subsection (7) prior to the expiration of such period.

25. Rights of holders of certificates of adequate enclosure

(1)A landowner who keeps or holds game or, on behalf of whom game is kept or held on land for which the MEC issued a certificate of adequate enclosure in terms of section 24, must not lose ownership of that game if the game escapes from such enclosed land.

(2)Notwithstanding anything to the contrary contained in this Act, the holder of a certificate of adequate enclosure, or any person acting with the written permission of the holder, may, subject to any conditions specified in the certificate of adequate enclosure, hunt any number of wild animals identified in the certificate at any time and by any means other than by the use of fire and poison without a permit.

26. Obligations of holders of certificates of adequate enclosure

(1)A holder of a certificate of adequate enclosure must at all times maintain fences on the relevant property in accordance with departmental specifications as prescribed.

(2)If a certificate of adequate enclosure lapses, expires, or is withdrawn by the MEC, the holder of that certificate must remove off the property all wild animals which are not indigenous to the Province, to which the certificate of adequate enclosure is applicable.

(3)The Department may after giving adequate notice to the holder of the certificate, take the required action to remove, and or dispose of, the species, and recover the costs incurred from the holder of the certificate if he or she fails to comply with subsection (2).

27. General powers in respect of wild animals

(1)The MEC must, by notice in the Gazette—

(a)list activities in respect of wild animals which require a permit;

(b)list activities in respect of wild animals which must be registered with the Department;

(c)list activities in respect of wild animals in respect of which specified standards or requirements must be complied with in carrying out that activity; or

(d)prohibit activities in respect of wild animals.

(2)A person may only carry out an activity identified in terms of subsection (1)(a), (b) or (c) if—

(a)that activity is authorised by a permit issued in terms of section 10; where a permit is required;

(b)if that activity has been registered with the Department, where registration is required; or

(c)without a permit, if that activity is carried out in accordance with such standards or requirements that have been specified by the MEC.

(3)No person may carry out an activity prohibited in terms of subsection (1)(d).

28. Alteration and removal of fences and interference with fences

No person may without a permit—

(a)alter, remove or partly remove or cause to be altered, removed or partly removed any fence, whether on a common boundary or on his or her own property, if that action will, or is likely to, result in a wild animal being unable to return through the point at which the animal entered the property; or

(b)heap up or cause to be heaped up soil or any other material on one side of a fence, whether on a common boundary or on his or her own property, or remove or cause to be removed soil on one side of such fence that has the effect of reducing or increasing the height, as the case may be, of such fence on one side, unless a wild animal, that gains or may gain access to such property over the lower section of that fence, can return or is likely to be able to return over the same section of such fence.

(c)alter, remove or partly remove or cause to be altered a departmentally approved certificate of adequate enclosure.

29. Transfer of rights and obligations regarding certificates of adequate enclosure

(1)A holder of a certificate of adequate enclosure who wishes to transfer rights and obligations emanating from the certificate must, in writing apply to the MEC.

(2)The person to whom the certificate is intended to be transferred must be suitably qualified to hold such a certificate.

(3)The MEC may on receipt of the application contemplated in subsection (1), in writing, authorise the transfer to a person approved by him or her and subject to such conditions as he or she may impose, all the rights and obligations conferred on the holder of the certificate by sections 25 and 26.

(4)A transfer as approved by the MEC in writing shall be for the unexpired period of validity of the original certificate of adequate enclosure.

30. Lapsing of certificate of adequate enclosure on transfer or lease of land

Any certificate of adequate enclosure issued in terms of section 24(4)(b) lapses upon the transferor lease of the land in respect of which it was issued or of any portion of such land, unless approved by the MEC that the certificate shall not lapse.

Chapter 6
Wild animals

Part 1 – Prohibitions

31. Keeping of wild animals in captivity

(1)No person may without a permit authorising him or her to do so, keep any wild animal in captivity: Provided that in the case of a wild animal which is a bird, this section applies only in respect of a bird which is an endangered or protected wild animal.

(2)No person may at any time, without a permit issued under subsection (1), restrain any wild animal by means of a rope, cord, chain or any similar contrivance.

(3)No person may without a permit authorising him or her to do so, release any alien animal in the Province.

(4)No person may establish or operate a game park, zoo, sanctuary, rehabilitation centre, reptile park or similar institution without a permit issued in terms of section 10.

(5)The MEC may require a management plan or risk assessment, or both such management plan and risk assessment to establish risk and feasibility, for establishing the above institutions.

32. Use of certain fire-arms to hunt certain wild animals

The MEC may prescribe methods of hunting, the use of firearms and specific barrel calibres to hunt certain wild animals, including the prohibition of certain methods of hunting and firearms to hunt certain wild animals.

33. Prohibitions involving alien wild animals

(1)A person must not, in contravention of the rules published by the MEC in terms of subsection (2) release an alien wild animal that is under his or her control or ownership into the wild in the Province.

(2)The MEC may publish rules for the acquiring, management, keeping and disposal of alien wild animals by regulation.

34. General prohibition on the laying of poison

(1)No person may without a permit lay or cause or allow to be laid any poison at any place where it may be assimilated or ingested by a wild animal.

(2)A person who is issued with a permit must—

(a)lay poison registered for the purpose and use it according to instruction;

(b)take reasonable steps to prevent the ingestion of poison by animals not mentioned in the permit; and

(c)dispose of the carcass of a poisoned animal to prevent secondary poisoning or contamination.

(3)Subsection (1) does not preclude any person from laying any poison, registered for the purpose and used according to instruction, with due observance of such provisions, for the purpose of exterminating rodents.

Part 2 – Hunting

35. Hunting activities

(1)The MEC may identify any activity as hunting, by notice in the Gazette.

(2)If the MEC exercises his or her powers in terms of subsection (1), the MEC must specify—

(a)whether a permit is required to carry out the hunting activity;

(b)the standards or requirements that must be complied with in carrying out that activity; or

(c)any registration requirements that apply to hunters.

36. Professional hunting

The MEC may prescribe—

(a)the requirements for a person who operates or who intends to operate as a professional hunter, hunting outfitter or a director of a hunting school;

(b)the conditions under which a professional hunter, hunting outfitter or a hunting school may operate; and

(c)the circumstances when a professional hunter, hunting outfitter or a hunting school may or must be used.

37. Trade, exchange or donation of wild animal

The owner of a game park, zoo, bird sanctuary, reptile park, snake park or similar institution may not trade, exchange or donate any wild animal without a permit issued for that purpose in terms of section 10.

38. Permissible hunting activities

A person may only undertake a hunting activity if—

(a)that activity is authorised by a permit issued in terms of the Biodiversity Act or this Act.

(b)without a permit, the hunting activity is—

(i)carried out in accordance with such standards or requirements that have been prescribed by the MEC; and

(ii)conducted by the owner of land, or any relative of such owner acting on the written authority of such owner, with the written permission of the owner, in respect of a species of wild animal for which a hunting season has been determined in terms of section 48 and that is hunted on the land of such owner in accordance with the requirements of the notice issued in terms of section 48.

39. Hunting of wild animals on land belonging to another person

No person may on land of which he or she is not the owner hunt any wild animal or remove any such animal or the carcass of such animal from such land without the permission of the owner of such land granted in terms of section 38.

40. Donation or sale of wild animal or carcass

No person may donate or sell any wild animal or the carcass of any such animal to any other person unless, when he or she delivers such animal or carcass to such other person, he or she furnishes such other person with the written permission as required by section 37 as well as a written document signed by him reflecting—

(a)the full names and address of the donor or seller;

(b)the full names and address of the recipient or purchaser;

(c)the number and species of wild animals or carcasses so donated or sold;

(d)the date on which such animal or carcass was so donated or sold, and

(e)a statement by him or her that he or she has donated or sold such animal or carcass to the recipient or purchaser.

41. Possession of wild animal or carcass

Any person found in possession of any wild animal or the carcass of any such animal is guilty of an offence unless, in the event of—

(a)the animal having been hunted by him or her on the land of any other person, he or she is in possession of the written permission contemplated by section 38, or

(b)him or her having acquired such animal or carcass from any other person, he or she is in possession of a written document contemplated by section 40.

42. Keeping of documents relating to permission to, hunt or donate wild animals or the carcasses

A person to whom a written permission referred to in sections 38, 39 and 40 is furnished, must keep that permission for a period of at least two months from the date on which it was furnished or while such person is in possession of the wild animal or carcass to which the permission relates, whichever is the longer period.

43. Transport of wild animals

(1)Subject to this Act, no person may without a permit authorising him to do so—

(a)import into, export from or transport in or through the Province any wild animal;

(b)

(i)import into the Province from any place outside the Republic the carcass of any wild animal; or

(ii)export from the Province the carcass of any endangered wild animal or any protected wild animal specified in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, Washington, 1973;

(c)sell, buy, donate or receive as a donation the carcass or anything manufactured from the carcass of any endangered wild animal;

(d)process, prepare, cure, tan or in any manner whatsoever treat the carcass of any endangered wild animal for the purpose of—

(i)manufacturing any article therefrom;

(ii)exhibiting such carcass or any article manufactured therefrom; or

(iii)mounting such carcass; or

(e)sell, buy, donate, receive as a donation or be in possession of any live endangered or protected wild animal.

(2)Subsection (1) (a) must not be construed so as to preclude the export from or the transport in or through the Province without a permit, of any bird which is not an endangered or protected wild animal.

44. Prohibited hunting methods

(1)The MEC may make regulations identifying prohibited methods of hunting.

(2)Regulations contemplated in subsection (1) may—

(a)specify whether the prohibited method of hunting applies generally or in respect of certain species only;

(b)exclude species from the application of the notice; and

(c)specify the conditions under which the method of hunting is prohibited.

Part 3 – Management of damage-causing animals

45. Identification of damage-causing animals

(1)The MEC may determine whether a species can be deemed to be a damage causing animal.

(2)An animal is deemed to be a damage causing animal if it—

(a)presents an imminent threat to human life;

(b)is wounded, diseased or injured;

(c)has caused losses to livestock or other animals;

(d)has caused damage to crops or other property; or

(e)has caused excessive damage to wild animal or flora.

(3)A person may only carry out an activity to control or destroy a damage-causing animal, identified in subsection 2, if—

(a)that activity is authorised by a permit issued in terms of section 10; or

(b)provision is made for the management of such animal in the hunting proclamation.

46. General powers in respect of damage-causing animals

Any domestic dog or domestic cat not under control or other feral species found trespassing at any time on state land or in a fenced camp or enclosed place, in which there are wild animals, may be destroyed by the landowner or any person acting on his or her written authority.

47. Hunting of certain wild animals permitted by the Department

(1)If the Department is of opinion that any wild animal or any species of wild animal found on any land or in the case of a species of wild animal, the number of such species determined by the MEC—

(a)is detrimental to the preservation of wild animal or flora;

(b)is likely to be dangerous to human life;

(c)is wounded, diseased or injured;

(d)is causing damage to crops or other property, whether movable or immovable, of any person; or

(e)should be hunted in the interests of nature and environmental conservation,

(2)Section 66 apply with the necessary changes in respect of the exercise of the powers conferred on the Department by subsection (1) of this section.

(3)The MEC may prescribe whether ownership in the carcass of any wild animal killed during hunting in terms of subsection (1) shall vest in the Department or the owner of the land.

Part 4 – Hunting and fishing seasons

48. Hunting seasons for wild animals and limits

(1)The MEC may, by notice in the Gazette, determine the period for which permits may be issued for the hunting of a wild animal identified in the notice.

(2)The MEC may, by notice in the Gazette, determine limits of numbers of a species of wild animal identified in the notice that may be hunted.

(3)Until notices referred to in subsections (1) and (2) are published in the Gazette, the notices previously published in the Gazette remain in force.

(4)No person may hunt a wild animal outside of a hunting season specified for that animal without a permit authorisation him or her to do so.

(5)In addition to any other permission which is required in terms of this Act, a person may not kill or capture a greater number of any wild animal for which a limit has been determined in terms of subsection (2) without a permit issued in terms of this Act.

49. Fishing seasons, daily bag limits and undersized fish in inland water

(1)The MEC may, by notice in the Gazette, determine the period during which no permits may be issued for the catching of a species of fish identified in the notice.

(2)The MEC may, by notice in the Gazette, determine the daily bag limit and the size or mass of a species of fish identified in the notice.

(3)No person may catch fish outside of a fishing season specified for that fish.

(4)In addition to any other permissions required in terms of this Act, a person may not catch a greater number or size of any fish for which a daily bag limit or size or mass has been determined in terms of subsection (2) without a permit issued in terms of this Act.

(5)No person may kill, catch or injure or attempt to kill, catch or injure fish with the use of any explosive, fire-arm, electric current, poison or other noxious substance.

Part 5 – Flora

50. Possession of endangered flora

(1)Subject to this Act, no person may without a permit, be in possession of, sell, buy, donate, receive as a donation, pick, or import into, export from or transport in or through the Province, any endangered flora.

(2)Subsection (1) must not be construed so as to preclude the possession without a permit by an owner of land, of any endangered flora growing in a natural state on such land.

51. Permission to sell or cultivate endangered flora

(1)A person who wishes to sell endangered flora which he or she has cultivated on any fixed premises must apply to the MEC in the prescribed form for registration as a grower of endangered flora and for a permit to sell endangered flora.

(2)An application contemplated in subsection (1) must be submitted to the MEC and such application must be accompanied with the prescribed information and any further information as the MEC may require.

(3)Upon receipt of the application, the MEC may, as he or she deems necessary, cause an inspection to be made to the premises on which the endangered flora is cultivated.

(4)If the MEC is satisfied that granting of application contemplated in subsection (1) will further the objectives of this Act, he or she may, subject to the conditions which he or she deems fit, in the prescribed form, issue to the applicant a certificate of registration as a grower of endangered flora and a permit to sell endangered flora.

(5)A certificate and a permit issued under subsection (4) is valid—

(a)in the case of a certificate of registration as a grower of endangered flora until it is cancelled by the MEC; and

(b)in the case of a permit to sell endangered flora which has been cultivated for a period of three years from the date of issue thereof.

(6)The holder of a permit issued under subsection (4) may not sell or donate any endangered flora to any person unless, when he or she sells or donates such flora to a person, he or she furnishes such person with a written and dated document signed by him or her and reflecting—

(a)his or her full name and address;

(b)the full name and address of the buyer or recipient;

(c)the number and date of such permit; and

(d)the name of each species and the number of each species of such flora which has been sold or donated.

(7)Notwithstanding any provision to the contrary contained in this section, no permit may be required for the purchase, receipt as a donation, transport or possession of any endangered flora which has been sold or donated by the holder of a permit issued under subsection (4) and in which such flora is specified: Provided that any person who has bought or received as a donation or is in possession of such flora, is in possession of a document contemplated by subsection (6).

52. Prohibition on picking of certain flora

(1)No person may—

(a)uproot the plant in the process of picking the flower of any flora;

(b)without a permit—

(i)pick any endangered or protected flora;

(ii)pick any flora on a public road or on the land on either side of such road within a distance of 90 metres from the centre of such road; or

(iii)pick any protected or indigenous unprotected flora on any land of which he or she is not the owner, without the permission of the owner of such land or of any person authorised by such owner to grant such permission.

(2)No permission granted in terms of subsection (1) (b) (iii) may be valid unless it is reduced to writing and reflects—

(a)the full names and address of the owner of the land concerned or of the person authorised to grant such permission;

(b)the full names and address of the person to whom permission is granted; and

(c)the number and species of flora, the date or dates on which such flora may be picked and the land in respect of which permission is granted,

and is signed and dated by such owner or the person authorised by him.

(3)Subsection (1) (b) does apply to the owner of any land, any relative of such owner and any full-time employee of such owner acting on the instructions or with the consent of such owner, in respect of any protected or indigenous unprotected flora on such land.

(4)Subsection (1)(b)(i) does apply to any person authorised in writing by the owner of any land to pick any protected flora on such land for the purpose of gathering and propagating the seed of such flora.

53. Sale and purchase of protected flora

No person may—

(a)sell or buy any protected flora at any place other than on the premises of a person registered as a, grower or seller of, a protected flora; and

(b)sell any protected flora without a licence issued under section 54.

54. Registration and licensing of flora growers and flora sellers

(1)A person who wishes to be registered and licensed as a grower or seller of, protected flora on any fixed premises, as the case may be, must—

(a)apply to the MEC in the prescribed manner for registration; and

(b)furnish the MEC with the prescribed information and any further information as he or she may require.

(2)Upon receipt of the application the MEC may—

(a)as he or she may deem necessary, cause to be made inspection of the fixed premises on which the protected flora will be grown and sold; and

(b)after consultation with the local authority in whose area of jurisdiction premises concerned are situated and regard being made to any other information at his or her disposal, and if he or she is satisfied that the granting of the application is not contrary to the objectives of this Chapter,

in his or her discretion and subject to the conditions which he or she deems fit, in the prescribed form, issue to the applicant—

(c)in respect of the premises concerned, a certificate of registration as a flora grower or flora seller, as the case may be; and

(d)on payment of the prescribed fee, a licence to sell on the premises concerned the protected flora specified by him in such licence,

Provided that no fee shall be payable in respect of a licence to sell protected flora which has been cultivated.

(3)The holder of a licence issued under subsection (2) is not exempted from compliance with any requirements for a business licence issued in terms of any relevant legislation in the Province.

(4)A licence issued to—

(a)a flora grower is valid for a period of 12 months from the date of issue; and

(b)a flora seller is valid for a period of three years from the date of issue.

(5)A certificate of registration as a flora grower or flora seller is valid until it is cancelled by the MEC or, in the case where the MEC does not receive an application for a new licence from a flora grower or flora seller, as the case may be, within 30 days of the expiry of the period contemplated in subsection (4) and for 30 days thereafter.

55. Sale of protected flora on the premises of registered flora growers and sellers

No person may sell any protected flora on the premises of—

(a)a registered flora grower unless such flora was propagated or cultivated or occurred in a natural state on such premises;

(b)a registered flora seller unless such flora has been obtained from any other registered flora seller or registered flora grower; or

(c)a registered flora seller, if such flora was propagated or cultivated or occurred in a natural state on any premises of any registered flora seller who is not registered as a flora grower in respect of such premises.

56. Places for sale of indigenous unprotected flora

(1)A municipality may, in respect of the sale of indigenous unprotected flora, within its area of jurisdiction—

(a)set aside places as it may deem suitable for the sale of such flora; or

(b)erect shelters or other structures as it may deem necessary.

(2)Notwithstanding anything to the contrary contained in the business licence requirements, a municipality may, when issuing a licence authorising the holder of such licence to carry on the business of—

(a)selling;

(b)bartering or exchanging flowers;

(c)offering or exposing flowers for sale; or

(d)barter or exchange,

restrict the carrying on of such business in respect of indigenous unprotected flora to any place so set aside in terms of subsection (1).

(3)A person must not sell any indigenous unprotected flora at any place other than a place set aside in terms of subsection (1) or on the premises of a registered flora seller or registered flora grower.

57. Sale of indigenous unprotected flora by owner of land

Notwithstanding section 56(2 and (3), an owner of land on which indigenous unprotected flora is being propagated or cultivated or on which such flora occurs in a natural state, may sell such flora to any person—

(a)on his or her own land;

(b)at a place set aside in terms of section 56(1); or

(c)carrying on business under a licence issued to him under section 54(2).

58. Export and importation of flora

No person may without a permit—

(a)export any flora from the Province: Provided that—

(i)this paragraph does not apply to the export by any person of any flora, except endangered flora and protected flora referred to in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, Washington, 1973, which he or she legally obtained from any registered flora grower or registered flora seller who is the holder of a permit to export such flora contemplated by this paragraph;

(ii)such person, while he or she is exporting such flora, must be in possession, in addition to any document contemplated by sections 52 and 54, of a document in which the number and date of such export permit of such flora grower or flora seller are reflected; or

(b)import into the Province any protected flora specified in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, Washington, 1973.

59. Donation of flora

No person may donate or sell any flora to any other person unless on delivery, he or she gives the recipient or purchaser the written permission as required by section 50 as well as a written document signed by him or her reflecting—

(a)the full names and address of the donor or seller such first mentioned person;

(b)the full names and address of the donor or seller;

(c)the number and species of flora so donated or sold;

(d)the date on which such flora was so donated or sold; and

(e)a statement by the donor or seller that he or she has donated or sold such flora to the recipient or purchaser.

60. Possession of flora

The document referred to in section 59 must be kept by the person to whom it was furnished for a period of at least two months from the date on which it was so furnished or while such person is in possession of the flora to which it relates, whichever is the longer period.

Chapter 7
Compliance and enforcement of this act

61. Designation of provincial environmental officers

(1)The MEC must designate an official of the Department to be a provincial environmental officer.

(2)The MEC may at any time withdraw the designation made in terms of subsection (1).

62. Mandate of provincial environmental officers

When designating an official as a provincial environmental officer, the MEC must determine whether the official concerned is designated for the enforcement of—

(a)this Act;

(b)specific provisions of this Act only; or

(c)specific provisions of Regulations or Notices published in terms of this Act only.

63. Proof of designation as provincial environmental officer

(1)A certificate of designation and designation card must be issued to each official who has been designated as a provincial environmental officer.

(2)When exercising any powers or performing any duties in terms of this Act, a provincial environmental officer must on demand by a member of the public, produce the designation card or certificate referred to in subsection (1).

64. Functions of provincial environmental officers

(1)A provincial environmental officer—

(a)must monitor and enforce compliance with this Act;

(b)may investigate any act or omission in respect of which there is a reasonable suspicion that it might constitute—

(i)an offence in terms of this Act;

(ii)a breach of a provision of this Act; or

(iii)a breach of a term or condition of a permit, or other instrument issued in terms of this Act.

(2)A provincial environmental officer—

(a)must carry out his or her duties and exercise his or her powers—

(i)in accordance with any instructions issued by the MEC; and

(ii)subject to any limitations and in accordance with any procedures that may be prescribed; and

(b)may be accompanied by an interpreter or any other person whose assistance may reasonably be required.

65. General powers

(1)A provincial environmental officer may—

(a)question any person about any act or omission in respect of which there is a reasonable suspicion that it might constitute—

(i)an offence in terms of a provision of this Act;

(ii)a breach of a provision of this Act; or

(iii)a breach of a term or condition of a permit, or other instrument issued in terms of this Act;

(b)issue written notice to any person who refuses to answer questions in terms of paragraph (a), requiring that person to answer questions put to him or her;

(c)inspect any premises, or question any person about any document, book or record, any written or electronic information or instrument—

(i)which may be relevant for the purpose of paragraph (a); or

(ii)to which this Act relates;

(d)conduct an audit in respect of any premises, document, book, record, any written or electronic information or instrument;

(e)copy, or make extracts from any document, book, or record or any written or electronic information referred to in paragraph (c), or remove such document, book, record or written or electronic information in order to make copies or extracts;

(f)require any person to produce or deliver to a place specified by the provincial environmental officer, any document, book or record or any written or electronic information referred to in paragraph (c) for inspection;

(g)inspect, question a person about, and if necessary, remove any specimen, article, substance or other item which, on reasonable suspicion, may have been used in—

(i)committing an offence in terms of a provision of this Act;

(ii)breaching a provision of this Act; or

(iii)breaching a term or condition of a permit, or other instrument issued in terms of this Act;

(h)take photographs or make audio-visual recordings of anything or any person that is relevant for the purpose of an investigation or for an inspection;

(i)dig or bore into soil;

(j)take samples;

(k)remove any waste or other matter deposited or discharged in contravention of this Act or a term or condition of a permit, or other instrument issued in terms of this Act;

(m)apply to a magistrate for a warrant where a warrant is required for the proper discharge of his or her functions; or[Please note: numbering as in original]

(n)carry out any other prescribed duty not inconsistent with this Act.

(o)make use of a light, as approved by the Department of Transport, for identification and enforcement purposes; or

(p)kill a dog not used in lawful hunting and which is pursuing or searching for a wild animal.

(2)A written notice issued in terms of subsection (1)(b), must be as prescribed, and must require a person to answer specified questions either orally or in writing, and either alone or in the presence of a witness, and may require that questions are answered under oath or affirmation.

(3)A provincial environmental officer may, without a warrant seize and confiscate any wild animal which is found in possession of or being kept in captivity by any person, if—

(a)such person fails on demand by a provincial environmental officer to produce a permit authorising possession or keeping of a wild animal; or

(b)possessing or keeping of that animal in captivity by such person is contrary to any condition specified in a permit authorising such possession or keeping.

(4)A person who receives a written notice in terms of subsection (1)(b), must answer all questions put to him or her truthfully and to the best of his or her ability.

(5)A provincial environmental officer must—

(a)provide a receipt for—

(i)any document, book, record or written or electronic information removed in terms of subsection (1)(e); or

(ii)any specimen, article, substance or other item removed in terms of subsection (1)(k).

66. Seizure of items

(1)Sections 30 to 34 of the Criminal Procedure Act apply to the disposal of anything seized in terms of this Chapter, subject to such modifications as the context may require.

(2)When an item is seized in terms of this Chapter, the provincial environmental officer may request the person who was in control of the item immediately before the seizure of the item, to take it to a place designated by the provincial environmental officer, and if the person refuses to take the item to the designated place, the provincial environmental officer may do so.

(3)In order to safeguard a vehicle, vessel or aircraft that has been seized, the provincial environmental officer may take reasonable measures to immobilise it.

67. Powers to stop, enter and search

(1)A provincial environmental officer may, without a warrant, enter and search any land, building premises, vehicle, vessel or aircraft, or search any pack-animal, on reasonable suspicion that the building, vehicle, vessel, aircraft or pack-animal—

(a)is being or has been used, or contains or conveys anything which is being or has been used, to commit—

(i)an offence in terms of a provision of this Act; or

(ii)a breach of a provision of this Act or a term or condition of a permit, or other instrument issued in terms of this Act; or

(b)contains or conveys anything which may serve as evidence of such offence or breach.

(2)A provincial environmental officer may, without a warrant, seize anything contained in or on any land, building, premises, vehicle, vessel, aircraft or pack-animal that may be used as evidence in the prosecution of any person for an offence in terms of this Act.

(3)Section 66 applies to anything seized in terms of subsection (2), subject to such modifications as the context may require.

(4)A provincial environmental officer may, for the purposes of implementing subsection (1), at any time, and without warrant—

(a)order the driver of a vehicle or vessel to stop, or cause the pilot of an aircraft to be ordered to land; or

(b)force the driver or pilot if necessary and possible, to stop or land, as the case may be.

(5)A provincial environmental officer may exercise on or in respect of such vehicle, vessel or aircraft any of the powers mentioned in section 66.

(6)A provincial environmental officer may apply to the Provincial Commissioner of Police for written authorisation in terms of section 13 (8) of the South African Police Service Act, 1995 (Act No. 68 of 1995), to establish a roadblock or a checkpoint.

68. Power to issue notices

(1)A provincial environmental officer may issue a written notice if he or she believes that there are reasonable grounds that a person has not complied—

(a)with a provision of this Act for which that officer has been designated; or

(b)with a term or condition of a permit, or other instrument issued in terms of this Act.

69. Objections to notices

(1)Any person who receives a notice in terms of section 68 may object to the notice by making written representations to the MEC within 30 days of receipt of the notice or in such longer period which the MEC may determine.

(2)After considering any representations made in terms of subsection (1) and any other relevant information the MEC—

(a)may confirm, modify or cancel any part of the notice; and

(b)must specify the period in which the person who receives the notice must comply with any part of the notice which is confirmed or modified.

70. Failure to comply with notices

A provincial environmental officer must report the non-compliance by any person, to the MEC who may—

(c)revoke or vary the permit, or other instrument which is the subject of the notice; and

(d)take any necessary steps and recover the costs from the person who failed to comply with the notice.

71. Duty to produce documents

Any person to whom a permit or any other document has been issued in terms of this Act must produce that document at the request of a provincial environmental officer.

72. Inspections

(1)A provincial environmental officer may, subject to subsection (2), at any reasonable time conduct inspections without a warrant, enter and inspect any building, land or premises or search any vehicle for the purpose of ascertaining compliance with—

(a)this Act for which that provincial environmental officer has been designated; or

(b)a term or condition of a permit or other instrument issued in terms of this Act.

(2)A provincial environmental officer may, with a warrant obtained in terms of subsection (3), but subject to subsection (4), enter and inspect any premises for the purpose of ascertaining compliance with—

(a)this Act for which that provincial environmental officer has been designated; or

(b)a term or condition of a permit or other instrument issued in terms of this Act.

(3)A magistrate may issue a warrant contemplated in subsection (2) only on written application by a provincial environmental officer setting out under oath or affirmation that it is necessary to enter and inspect the specified premises for the purpose of ascertaining compliance with this Act for which that provincial environmental officer has been designated.

(4)A provincial environmental officer may enter and inspect any premises without a warrant, but only if—

(a)the person in control of the premises consents to the entry and inspection; or

(b)there are reasonable grounds to believe that a warrant would on application be issued, but that the delay that may be caused by applying for a warrant would defeat the object of the entry or inspection.

(5)While carrying out an inspection, a provincial environmental officer may seize anything in or on any premises, land or vehicle that may be used as evidence in the prosecution of any person for an offence in terms of this Act.

(6)Section 66 applies to anything seized in terms of subsection (5), subject to modifications as the context may require.

(7)A provincial environmental officer may exercise on such premises, land or vehicle any of the powers mentioned in section 67.

73. Appointment of volunteer environmental officers

(1)The MEC may—

(a)appoint any person he or she considers fit and proper as a volunteer environmental officer; and

(b)at any time, withdraw the appointment made in terms of paragraph (a).

(2)When a volunteer environmental officer takes with him or her an interpreter or assistant, such interpreter or assistant is deemed to be a volunteer environmental officer.

74. Mandates and powers of volunteer environmental officers

(1)When appointing a person as a volunteer environmental officer, the MEC must determine whether the official concerned is designated for the enforcement of—

(a)this Act;

(b)specific provisions of this Act; or

(c)specific provisions of regulations or notices published in terms of this Act.

(2)The MEC must determine the powers that may be exercised by a volunteer environmental officer.

75. Proof of designation as volunteer environmental officer

(1)A certificate of appointment and designation card must be issued to each person who has been appointed as a volunteer environmental officer.

(2)When exercising any powers or performing any duties in terms of this Act, a volunteer environmental officer must on demand by a member of the public, produce the designation card or certificate referred to in subsection (1).

76. Offences

A person is guilty of an offence if that person—

(a)contravenes any provision of this Act;

(b)contravenes any provisions of any Act, Decree or Ordinance referred to in Schedule 1 before this Act came into force; or

(b)unlawfully and intentionally or negligently—

(i)carries out an activity in contravention of this Act;

(ii)fails to comply with this Act;

(iii)fails to comply with a directive issued in terms of this Act;

(iv)carries out any activity without a permit where a permit is required in terms of this Act;

(v)contravenes or fails to comply with any standards or requirements that have been prescribed for an activity in terms of this Act;

(vi)carries out an activity prohibited in terms of this Act;

(vii)contravenes or fails to comply with a condition or requirement of a permit or of an integrated permit contemplated in this Act;

(viii)fails to submit a report required by this Act;

(ix)knowingly supplies false or misleading information to an environmental officer;

(x)hinders or interferes with an environmental officer in the execution of that officer's official duties;

(xi)pretends to be or passes off as being an environmental officer, or the interpreter or assistant of such an officer;

(xii)fails to comply with a request of an environmental officer;

(xiii)fails to comply with a notice issued in terms of this Act; or

(xiv)fails to provide the information contemplated in this Act.

77. Penalties

(1)A person convicted of an offence in terms of this Act is liable to a fine not exceeding ten million rand (R10, 000, 000) or to imprisonment for a period not exceeding 10 years, or to both a fine and imprisonment, and to a fine not exceeding three times the commercial value of anything in respect of which the offence was committed, in addition to any other penalty or award that may be imposed or made in terms of this Act.

(2)A fine contemplated in subsections (1) must be determined with due consideration of—

(a)the severity of the offence in terms of its impact, or potential impact, on health, well-being, safety and the environment;

(b)the monetary or other benefits which accrued to the convicted person through the commission of the offence; and

(c)whether the person persisted after conviction in the act or omission which constituted the offence.

(3)In the event of a conviction in terms of this Act, the court may order that any damage to the environment resulting from the offence be repaired by the convicted person, to the satisfaction of the MEC or Department.

(4)In the event of a conviction in terms of this Act the court may order that any building or infrastructure erected unlawfully must be demolished and the environment be rehabilitated to the satisfaction of the MEC or Department.

(5)If within a period of 30 days after conviction or such longer period as the court may determine at the time of conviction, an order in terms of subsection (3) or (4) is not being complied with, the MEC or Department may, by instruction of the court, take the necessary steps to repair the damage and recover the cost thereof from the person so convicted.

78. Awards of part of fine recovered to informants

(1)A court which imposes a fine for an offence in terms of this Act may order that a sum of not more than one-fourth of the fine be paid to the person whose evidence led to the conviction or who assisted in bringing the offender to justice.

(2)A person in the service of an organ of state or engaged in the implementation of this Act is not entitled to such an award.

79. Cancellation of permits

(1)A court when convicting a person of an offence in terms of this Act may—

(a)withdraw any permit or other authorisation issued to that person in terms of this Act; and

(b)disqualify that person from obtaining a permit or other authorisation for a period not exceeding five years.

(2)If a court exercises a power in terms of subsection (1), it may issue an order that all authorities that are authorised to issue permits or other authorisations in terms of environmental legislation be notified of any disqualification in terms of subsection (1).

80. Forfeiture of items

(1)The court when convicting a person of an offence in terms of this Act, may declare any item including but not limited to any specimen, container, vehicle, vessel, aircraft or document that was used for the purpose of or in connection with the commission of the offence and which was seized in terms of this Act, to be forfeited to the Department or State.

(2)Section 35 of the Criminal Procedure Act applies to the forfeiture of any item in terms of subsection (1), subject to such modifications as the context may require.

81. Admission of guilt fines

(1)The MEC may by regulation specify offences in terms of this Act in respect of which alleged offenders may pay an admission of guilt fine instead of being tried by a court for the offence.

(2)A provincial environmental officer who has reason to believe that a person has committed an offence specified in terms of subsection (1) may issue to the alleged offender a written notice referred to in section 56 of the Criminal Procedure Act.

(3)Sections 56, 57 and 57A of the Criminal Procedure Act apply subject to such modifications as the context may require, to written notices and admission of guilt fines referred to in this section.

82. Treatment of seized live specimens

Pending the institution of any criminal proceedings in terms of this Act or the resolution of such proceedings, a live specimen that has been seized in terms of this Act must be deposited with a suitable institution, rescue centre or facility which is able and willing to house and properly care for it.

Chapter 8
General matters

83. Delegations

(1)The MEC may delegate a power or duty vested in him or her in terms of this Act to a relevant official of the Department, but the MEC may not delegate the power to make regulations or publish notices in the Gazette.

(2)A delegation to an official in terms subsection (1)—

(a)must be in writing;

(b)is subject to such limitations and conditions as the MEC may impose;

(c)may either be to a specific individual or to the holder of a specific post in the Department;

(d)may authorize that official to sub-delegate in writing, the power or duty concerned to another official in the Department, or to the holder of a specific post in the Department;

(e)does not prevent the exercise of that power or the performance of that duty by the MEC; and

(f)does not divest the MEC of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty.

84. Appeals

(1)A person may appeal to the MEC against a decision taken by a person acting under a power delegated by the MEC in terms of this Act.

(2)An appeal referred to in subsection (1) must be noted and must be dealt with in the manner prescribed and upon payment of a prescribed fee.

(3)The MEC may consider and decide an appeal or appoint an appeal panel to consider and advise the MEC on the appeal.

(4)The MEC may, after considering such an appeal, confirm, set aside or vary the decision, provision, condition or directive or make any other appropriate decision, including a decision that the prescribed fee paid by the appellant, or any part thereof, be refunded.

(5)An appeal in terms of this section suspends a permit, directive, or any other decision made in terms of this Act or any other specific environmental management Act, or any provision or condition attached thereto.

85. Camping sites, picnic areas and hiking trails

The MEC may make regulations for the establishment and management of camping sites, picnic areas and hiking trails for any conservancy, biosphere reserve or any area established or managed in terms of this Act.

86. Regulations by MEC

(1)The MEC may make regulations dealing with any matter which in terms this Act is necessary or expedient to be prescribed or dealt with by regulation.

(2)Before publishing any regulation contemplated in subsection (1), the MEC must publish the draft regulations in the Gazette for public comment.

87. Repeal, amendment of laws and savings

(1)The laws set out in the Table in Schedule 1 are hereby repealed to the extent set out in the third column of the table, subject to subsections (2), (3) and (4) and section 88.

(2)Any proclamation, regulation, rule, notice, authority, certificate, direction, declaration or appointment that was lawfully proclaimed, made, issued, given, declared or granted, and any other act done in terms of any law repealed by this Act is, subject to subsection (3), deemed to have been proclaimed, made, issued, given, declared or granted in terms of the corresponding provisions of this Act.

(3)Anything lawfully done in terms of a provision repealed by subsection (1) remains valid until anything done under this Act overrides it.

(4)Notwithstanding the repeal of any law in terms of subsection (1), those laws for the purpose of finalising of any investigation, prosecution or any criminal or other legal proceedings, remain in force as if such laws had not been repealed.

(6)An investigation or prosecution or other legal proceedings in respect of any conduct which would have constituted an offence under the laws repealed in subsection (1), which occurred after the commencement of that law, but before the commencement of this Act, may be concluded, instituted and continued as if this Act had not been passed, provided that the court may apply the powers set out in sections 76 and 77.[Please note: numbering as in original]

88. Transitional provisions

All permits or authorisations issued in terms of a Decree, an Act or an Ordinance referred to in subsection (1) and in Schedule 1 remain until where necessary, revoked, amended or suspended in terms of this Act and suitable replacement regulations have been gazetted.

89. Short title and commencement

(1)This Act is called the Eastern Cape Environmental Management Act, 2024 and takes effect on a date determined by the Premier by notice in the Gazette.

(2)Different dates may be determined in terms of subsection (1) for different provisions of the Act.

Schedule 1

Laws repealed or amended

No. and year of Act, Decree of Ordinance	Short title	Extent of repeal or amendment
Ordinance 19 of 1974 (Cape Provincial Administration)	Nature and Environmental Conservation Ordinance (Cape Provincial Administration)	The whole insofar as it applies to the Province
Ordinance 26 of 1957 (Cape Provincial Administration)	Problem Animal Control Ordinance (Cape Provincial Administration)	The whole insofar as it applies to the Province
Act No. 10 of 1987 (Ciskei)	Nature Conservation Act (Ciskei)	The whole insofar as it applies to the Province
Decree No. 9 of 1992 (Transkei)	Environment Conservation Decree	The whole insofar as it applies to the Province
Ordinance No. 19 of 1957 (Cape Provincial Administration)	Damage-causing Animal Control Ordinance (Cape Provincial Administration)	The whole insofar as it applies to the Province
Ordinance No. 3 of 1982	Nature Reserves Validation Ordinance (Cape Provincial Administration)	The whole insofar as it applies to the Province
Proclamation No. R 6 of 1978	Nature Conservation in Black Areas Proclamation	The whole insofar as it applies to the Province
Act No. 63 of 1970	The Mountain Catchment Areas Short Act, 1970.	The whole insofar as it applies to the Province

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History of this document

05 August 2024 this version

Published in Provincial Gazette 5256

21 June 2024

Assented to

Cited documents 9

Act 9

1.	Local Government: Municipal Systems Act, 2000	4673 citations
2.	Criminal Procedure Act, 1977	4114 citations
3.	Promotion of Administrative Justice Act, 2000	2772 citations
4.	National Environmental Management Act, 1998	2420 citations
5.	National Environmental Management: Protected Areas Act, 2003	672 citations
6.	South African Police Service Act, 1995	603 citations
7.	National Environmental Management: Biodiversity Act, 2004	466 citations
8.	National Environmental Management: Integrated Coastal Management Act, 2008	221 citations
9.	World Heritage Convention Act, 1999	77 citations

Eastern Cape Environmental Management Act, 2024

Act 2 of 2024

Eastern Cape Environmental Management Act, 2024

Collections

Eastern Cape Environmental Management Act, 2024

Act 2 of 2024

Chapter 1Interpretation and fundamental principles

1. Definitions

2. Objects of this Act

3. Application of Act

Chapter 2Conservancies

4. Establishment of conservancies

5. Withdrawal of status as a conservancy and exclusion of land from such areas

Chapter 3Biodiversity

6. Listing of provincially protected species

7. Restricted activities involving provincially protected species

8. General powers in respect of biodiversity

9. Management of flora not listed as protected

10. Permit system

Chapter 4Biosphere reserves

Part 1 – Application to establish a biosphere reserve

11. Purpose of this Chapter

12. Preliminary approval to establish biosphere reserve

13. Application for UNESCO designation as biosphere reserve

Part 2 – Management of biosphere reserve and management plans

14. Management of biosphere reserve

15. Management plan for biosphere reserve

16. Compliance, consistency and conformity of land use with a management plan

17. Approval, revision or amendment of a management plan

18. Compliance and consistency of a framework or plan existing under other legislation with a management plan

19. Dispute concerning consistency in relation to a management plan

20. Expansion of biosphere reserve

21. Funding of biosphere reserve

22. Management principles for biosphere reserves

23. Existing biosphere reserves

Chapter 5Certificates of adequate enclosure

24. Certificate of adequate enclosure

25. Rights of holders of certificates of adequate enclosure

26. Obligations of holders of certificates of adequate enclosure

27. General powers in respect of wild animals

28. Alteration and removal of fences and interference with fences

29. Transfer of rights and obligations regarding certificates of adequate enclosure

30. Lapsing of certificate of adequate enclosure on transfer or lease of land

Chapter 6Wild animals

Part 1 – Prohibitions

31. Keeping of wild animals in captivity

32. Use of certain fire-arms to hunt certain wild animals

33. Prohibitions involving alien wild animals

34. General prohibition on the laying of poison

Part 2 – Hunting

35. Hunting activities

36. Professional hunting

37. Trade, exchange or donation of wild animal

38. Permissible hunting activities

39. Hunting of wild animals on land belonging to another person

40. Donation or sale of wild animal or carcass

41. Possession of wild animal or carcass

42. Keeping of documents relating to permission to, hunt or donate wild animals or the carcasses

43. Transport of wild animals

44. Prohibited hunting methods

Part 3 – Management of damage-causing animals

45. Identification of damage-causing animals

46. General powers in respect of damage-causing animals

47. Hunting of certain wild animals permitted by the Department

Part 4 – Hunting and fishing seasons

48. Hunting seasons for wild animals and limits

49. Fishing seasons, daily bag limits and undersized fish in inland water

Part 5 – Flora

50. Possession of endangered flora

51. Permission to sell or cultivate endangered flora

52. Prohibition on picking of certain flora

53. Sale and purchase of protected flora

54. Registration and licensing of flora growers and flora sellers

55. Sale of protected flora on the premises of registered flora growers and sellers

56. Places for sale of indigenous unprotected flora

57. Sale of indigenous unprotected flora by owner of land

58. Export and importation of flora

59. Donation of flora

60. Possession of flora

Chapter 7Compliance and enforcement of this act

Chapter 1
Interpretation and fundamental principles

Chapter 2
Conservancies

Chapter 3
Biodiversity

Chapter 4
Biosphere reserves

Chapter 5
Certificates of adequate enclosure

Chapter 6
Wild animals

Chapter 7
Compliance and enforcement of this act

Chapter 8
General matters