North West Biodiversity Management Act, 2016

This Act has not yet come into force.

Jurisdiction: South Africa · North-West
Citation: Act 4 of 2016
Date: 3 January 2017
Language: English
Type: Legislation
Download: Download PDF (559.4 KB)

Taxonomies

Subject areas > Environment, Climate and Wildlife

North West
South Africa

North West Biodiversity Management Act, 2016

Act 4 of 2016

Published in North West Provincial Gazette 7721 on 3 January 2017
Assented to on 26 May 2016
Not commenced
[This is the version of this document from 3 January 2017 and includes any amendments published up to 12 September 2023.]

(The English text is the official text of the Act)ACTTo provide for the management and conservation of the North West Province’s biophysical environment and protected areas within the framework of the National Environmental Management Act, 1998 (Act No 107 of 1998); to provide for the protection of species and ecological-systems that warrant provincial protection; to provide for the sustainable use of indigenous biological resources; and to provide for matters connected therewith.

WHEREAS in fulfilling the rights contained in section 24 of the Constitution of the Republic of South Africa, 1996, the North West Provincial Government must, through legislation, create a legal basis for-(a) the management, conservation and sustenance of South Africa's biodiversity, its components and genetic resources; and(b) the achievement of the progressive realisation of those rights.WHEREAS the application of this Act must be guided by the national environmental management principles set out in section 2 of the National Environmental Management Act.WHEREAS Part A of Schedule 4 of the Constitution of the Republic of South Africa, 1996, lists conservation matters as a functional area of concurrent national and provincial legislative competence.WHEREAS the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), the National Environmental Management: Biodiversity Act, 2004 (Act No.10 of 2004 as amended) and the national environmental management principles set out in section 2 of the National Environmental Management Act, are still applicable to and enforceable in the North West Province.AND WHEREAS in order to regulate matters specific to the North West Province which are not adequately regulated in the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004 as amended) and the National Environmental Management Act, there needs to be legislation on matters specific to the North West Province.BE IT THEREFORE ENACTED by the Provincial Legislature of the Province of North West, as follows:—

Chapter 1
Interpretation, objectives and application of Act

1. Definitions

In this Act, unless the context indicates otherwise-"alien species" means alien species as defined in section 1(1)(a) of the Biodiversity Act;"applicable legal requirements" means-(a)all legislation and instruments mentioned in section 88(3) of the National Biodiversity Act;(b)any national norms and standards issued in terms of section 9(1) of the Biodiversity Act, section 7 of this Act or section 11 of the Protected Areas Act which apply to the implementation of this Act;(c)any Codes of Practice published by the South African Bureau of Standards incorporated into this Act in terms of section 100; and(d)any specific requirements of this Act;"applicant" means a person who has lodged or submitted a permit or registration application;"artificially propagated species" means a listed plant species that is grown under controlled conditions, grown from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules derived from cultivated parental stocks;"aquaculture" means the managed production, either through an intervention in the breeding process, or through stocking, feeding or predator control programmes for aquatic biota;"aquatic biota" means-(a)any organism that depends on an aquatic environment for its survival, including fish, invertebrates, amphibians, aquarium plants or other aquatic organisms, and(b)parts thereof, such as the carcass, egg, ova, spawn, flesh (fresh or cured), skin, tooth, bone, shell, scale, claw, nail, fin, tail, ear, flower, seed, cone, fruit, bulb, tuber, stem, root or any other part or derivative of such organism;"aquatic system"-(a)means any area associated with rivers, streams, wetlands, marsh, sponges, peat lands, creeks, lakes, pans, karst systems (dolomitic systems) or any other natural or man-made water impoundment; and(b)includes any such area whether wet or dry;"Biodiversity Act" means the National Environmental Management. Biodiversity Act, 2004 (Act No. 10 of 2004 as amended);"biological diversity" or "biodiversity" means the "biological diversity" or "biodiversity as defined in section 1(1) of the Biodiversity Act;"bred in captivity" or "captive bred" means a specimen that was born and bred in a controlled environment;"captive breeding operation" means a facility where specimens of a listed and non-listed species are bred in a controlled environment for-(a)conservation purposes; or(b)commercial purposes;"canned hunt" means a hunt in which a live specimen of a captive bred animal, bred in an intensive wildlife management system, is released in a confined semi intensive or extensive wildlife management system of the size less than 1500 hectares for the purpose of hunting the animal within a period which is less than one month;"CITES species" means species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, concluded in Washington, D.C. on 3 March, 1973, as amended in Bonn on 22 June 1979;"commercial exhibition facility" means a facility, including but not limited to zoological gardens, aquariums, travelling exhibitions, that keep listed or non-listed species for display purposes;"commercial purposes", in relation to a restricted activity involving a specimen of a listed species, means the consumptive and non-consumptive use derived from a restricted activity with the primary aim of obtaining economic benefit, including profit in cash or in kind, and is directed towards trade, exchange or another form of economic use or benefit;"competent authority" means the competent authority as defined in section 1(1) of the Biodiversity Act;"components" means the components as defined in section 1(1) of the Biodiversity Act;"control" means control as defined in section 1(1) of the Biodiversity Act"controlled environment" means an enclosure designed to hold specimens of a listed and non-listed species in a way that-(a)prevents them from escaping;(b)facilitates intensive human intervention or manipulation in the form of the provision of-(i)food or water;(ii)artificial housing; or(iii)health care; and(c)may facilitate the intensive breeding or propagation of a listed or non-listed species, but excludes fenced land on which self-sustaining wildlife populations of that species are managed in an extensive wildlife management system;"culling"—(a)in relation to a specimen of a species in a protected area, means an operation executed by an official of, or other person designated by, the management authority of the area to kill a specific number of specimens in order to manage that species in accordance with the management plan of the area; or(b)in relation to a specimen of a species on a game farm, or any other property, means an operation executed by the landowner or other person designated by the landowner, to kill a specific number of specimens of a species within the game farm, or any other property in order to manage that species on the farm or land;"damage causing animal" means an individual of listed species that, when interacting with human activities, there is substantial proof that it-(a)causes losses to stock or to other wild specimens under reasonable care;(b)causes excessive damage to cultivated trees, crops, natural flora or other property;(c)presents a threat to human life; or(d)is present in such numbers that agricultural grazing is materially depleted;"darting" in relation to a live specimen of a species, means to shoot a specimen with a projectile loaded with a tranquillising, narcotic, immobilising, or similar agent for the restraint of an animal, or a projectile specially designed for the gathering of tissue;"department" means the department in the Provincial Government of North West responsible for environmental services;"derivative" means a derivative as defined in section 1(1) of the Biodiversity Act;"ecosystem" means an ecosystem as defined in section 1(1) of the Biodiversity Act;"environmental management officer" means a person authorised in terms of section 61 to enforce the provisions of this Act, and includes employees of the Department designated as Environmental Management Inspectors for enforcement of Biodiversity legislation;"export" in relation to the Province, means to convey out or transfer out, or attempt to convey out or transfer out, from a place within the Province to another Province or to a place outside the Republic of any species or specimen;"extensive wildlife management system" means a system that is large enough, and suitable for the management of self-sustaining wildlife populations in a natural environment which requires minimal human intervention in the form of-(a)the provision of water;(b)the supplementation of food in times of drought(c)the control of parasites; or(d)the provision of health care."extra-limital species" means any species that is not known to historically occur naturally within the geographical distribution of the North West Province, but indigenous to the Republic;"game", means any mammal or bird that is used for consumptive purposes;"Game farm" means a semi-intensive or extensive wildlife management system on which a specimen occurs;"Gazette" means the Provincial Gazette of the North West Province;"genetic material" means genetic material as defined in section 1(1) of the Biodiversity Act;"genetic resource" means genetic resource as defined in section 1(1) of the Biodiversity Act;"gintrap" means gintrap as defined in section 1(1) of the Biodiversity Act;"habitat" means habitat as defined in section 1(1) of the Biodiversity Act;"honorary environmental management officer" means a person appointed by the Responsible Member in terms of section 62;"hunt" in relation to a species, includes-(a)to intentionally kill such species by any means, method or device whatsoever;(b)to capture such species by any means, method or device whatsoever with the intent to kill;(c)to search for, lie in wait for, pursue, shoot at, tranquillise or immobilise such species with the intent to kill; or(d)to lure by any means, method or device whatsoever, such species with the intent to kill, but excludes the culling of a species in a protected area or on a game farm, or the culling of a species that has escaped from a protected area and has become a damage causing animal;"hunting client" means a person who-(a)is not resident in the Republic; and(b)pays or rewards a hunting outfitter for, or in connection with, the hunting of a species;"hunting organisation" means any organisation that represents hunters, and that has an accepted constitution and code of conduct that provides for disciplinary actions, should a member not adhere to the code of conduct of the organisation to which he or she is a member;"hunting-outfitter" means a person who-(a)presents or organises the hunt of a wild or captive animal specimen fora hunting client, and(b)is the holder of a registration certificate issued in terms of Chapter 8;"hybridisation" means cross-breeding as defined in Regulation 1(1) of the TOPS Regulations, pertaining to both ordinary and specially protected species;"import" in relation to the Province-(a)means to convey or introduce into the Province any 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 biological resource" means indigenous biological resources as defined in section 1(1) of the Biodiversity Act;"indigenous species" means any species that occurs, or historically occurred naturally in a free ranging state within the North West Province."intensive wildlife management system" means a system that is not large enough for the management of self-sustaining wildlife populations in a natural environment, and requires human intervention in the form of-(a)the provision of water;(b)the complete supplementation of food(c)the control of parasites; or(d)the provision of health care;(e)the animals cannot naturally obtain their own food and require provisioning, and are in a captive environment."introduction", means introduction as defined in section 1(1) of the Biodiversity Act;"introduction from the sea" means introduction from the sea as defined in section 1 (1) of the Biodiversity Act;"invasive species" means invasive species as defined in section 1(1) of the Biodiversity Act;"invertebrate" means any living or dead invertebrate in any stage of its life cycle, including any part or derivative of an invertebrate;"IUCN Red List status" means IUCN Red List status as defined in regulation 1(1) of the TOPS Regulations;"juristic persons" means a body of persons, corporation, a partnership or other legal entity that is recognized by law as a subject of rights and duties."kept in captivity" or “captive kept” in relation to a specimen of a listed or non-listed species, means that the species is kept in a controlled environment for a purpose other than-(a)transfer or transport;(b)quarantine; or(c)veterinary treatment;"Landowner" means the natural or juristic person reflected as the registered owner in the Deeds Registry, or his or her nominated representative;"licence" means a license issued under this Act;"listed large predator" means a specimen of any of the following listed species-(a)Cheetah Acinonyx jubatus;(b)Spotted hyena Crocuta crocuta;(c)Brown hyaena Parahyaena brunnea;(d)Wild dog Lycaon pictus;(e)Leopard Panthera pardus; or(f)Lion Panthera leo."listed species" means any species listed in terms of this Act."listed threatened or protected species" means "listed threatened or protected species" as defined in terms of section 56(1) of the Biodiversity Act;"management authority", means management authority as defined in section 1 of the Protected Areas Act;"management plan" in relation to a protected area, game farm and any other property, means a management plan as referred to in section 41 of the Protected Areas Act, those in relation to the keeping of dangerous game, and for listed species as required under TOPS;"mark" means to mark as defined in Regulation 1(1) of the TOPS Regulations, pertaining to both ordinary and specially protected species;"minister" means minister as defined in the Biodiversity Act, 2004;"municipality" means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"National Environmental Management Act" or "NEMA" means the National Environmental Management Act, 1998 (Act 107 of 1998 as amended);"national environmental management principles" means the principles referred to in section 2 of the National Environmental Management Act."National Threatened or Protected Species Regulations" or "TOPS Regulations" means the National Environmental Management: Biodiversity Act, 2004: Threatened or Protected Species regulations published in Government Notice R152 of 23 February 2007 as amended;"Nature reserve" means a nature reserve as defined in section 1 of the Protected Areas Act;"norms and standards" means any norms and standards issued in terms of-(a)section 9 of the Biodiversity Act or section 7 of this Act to the extent that they apply to -(i)restricted activities involving listed species and non-listed; or(ii)registered captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries, rehabilitation facilities or wildlife traders; or(b)section 11 of the Protected Areas Act, to the extent that they apply to restricted activities involving listed species in a protected areas;"nursery" means a facility where plant species are sold, artificially propagated or multiplied for commercial purposes;"nursery possession permit" means a "nursery possession permit" as defined in regulation 1(1) of the TOPS Regulations;"organ of state" has the meaning assigned to it in section 239 of the Constitution;"permit" means a permit issued in terms of Chapter 8;"prescribe" means prescribe by regulation in terms of section 64, and notice;"professional hunter" means a person who conducts a hunt, or accompanies a hunting client in order to enable such hunting client to hunt a specimen or offers or agrees to escort, assist, or guides a foreign client to hunt an animal specimen for reward;"professional hunting school" means an institution registered in terms of this Act, responsible for-(a)the presentation of a prescribed curriculum to educate prospective professional hunters and hunting outfitters; and(b)the conducting of examinations to evaluate prospective professional hunters and hunting-outfitters;"protected area" means a protected area as defined in section 1 of the Protected Areas Act;"Protected Areas Act" means the National Environmental Management Protected Areas Act, 2003 (Act No. 57 of 2003);"protected environment" means a protected environment as defined in section 1 of the Protected Areas Act;"protected species" means protected species as defined in section 1(1) of the Biodiversity Act,"provincial ordinary permit" means a permit authorising the carrying out of any restricted activity or a combination of restricted activities listed on such permit, in relation to either one or more live or dead specimens on such permit;"provincial registration certificate" means a registration certificate issued in terms of Chapter 8;"provincial standing permit" means a permit authorising the continuous carrying out of any restricted activity or a combination of restricted activities listed on such permit, in relation to either one or more live or dead specimen on such permit, and that is valid for a longer specified period than an ordinary permit;"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. 1 of 1999);"re-export" means re-export as defined in section 1(1) of the Biodiversity Act;"registered wildlife trader" means a person who is registered by the Issuing Authority in terms of Chapter 8 to hawk, peddle, barter, exchange, offer, advertise, expose or have in his or her possession for the purpose of exhibition, display, sale, hawking, peddling, bartering or exchanging, any listed species and include taxidermists;"registered wildlife translocator" means a person who is registered in terms of Chapter 8 to capture or catch, convey, move, translocate or otherwise temporarily keep in an approved temporary keeping facility any specimen of a wild or captive animal;"registered game farm" means a game farm registered in terms of Chapter 8;"rehabilitation facility" means a registered facility equipped for the temporary keeping of live specimens for-(a)treatment and recovery purposes, in the case of sick or injured species;(b)rearing purposes, in the case of young orphaned species; with the overall intent to release the species into a suitable location and for enhanced survival;"responsible Member" means the Member of the Executive Council responsible for environmental services in the North West Province;"restricted activity" - in relation to a specimen of listed species, means-(a)hunting, catching, capturing, or killing any living specimen by any means, method or device whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile, obstructing free passage or injuring with intent to hunt, catch, capture or kill any such specimen;(b)gathering, collecting or plucking any such specimen;(c)picking parts of, or cutting, chopping off, uprooting, damaging or destroying of any such specimen;(d)importing into the Province, including introducing from the sea, any such specimen;(e)exporting from the Province, including re-exporting from the Province, any such specimen;(f)having in possession or exercising physical control over any such specimen;(g)growing, breeding or in any other way propagating any such specimen, or causing it to multiply;(h)conveying, moving or otherwise translocating any such specimen;(i)selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any such specimen;(j)damaging, disturbing or destroying the breeding site or habitat of any such specimen; or(k)any other prescribed activity which involves a specimen of a listed species;"risk assessment" means risk assessment as defined in regulation 1(1) of the TOPS Regulations pertaining to specially protected species;"SANBI" means "SANBI" as defined in section 1(1) of the Biodiversity Act;"sanctuary" means sanctuary as defined in regulation 1(1) of the TOPS Regulations, pertaining to both ordinary and specially protected species;"scientific institution" means a scientific institution as defined in regulation 1 (1) of the TOPS Regulations;"semi-intensive wildlife management system" means a system where the animals are partially reliant on management to provide food, and they are not fully self-sustaining wildlife populations, but are in a natural environment, and requires human intervention in the form of-(a)the provision of water;(b)the partial supplementation of food, with access to natural grazing and browse(c)the control of parasites; or(d)the provision of health care;(e)the animals can naturally obtain limited quantities of their own food and require some provisioning of food."species" means “species” as defined in section 1(1) of the Biodiversity Act;"specimen" in relation to a specimen of listed species, means-(a)any living or dead animal, plant or other organism;(b)a seed, egg, gamete or propagule or part of an animal, plant or other organism capable of propagation or reproduction or in any way transferring genetic traits;(c)any derivative of any animal, plant or other organism; or(d)any goods which-(i)contain a derivative of an animal, plant or other organism; or(ii)from an accompanying document, from the packaging or mark or label, or from any other indications, appear to be or to contain a derivative of an animal, plant or other organism;"taxidermy" means the art of preparing, stuffing, and mounting of a specimen, including the dipping and packing of any skin, horn or any similar derivative of vertebrates for displaying purposes or other sources of study;"taxidermist" means a person who, as a profession, prepares; stuff and mounts skins, horns or any other derivative of vertebrates for displaying purposes or other sources of study;"TOPS" means as Threatened or Protected Species Regulations as published under Biodiversity Act;"the Act" means the North West Biodiversity Management Act, and includes any Regulations issued in terms of a provision of this Act and “this Act” has a corresponding meaning;"trade" includes for commercial purposes, the import into the province, export from the province, trading within the province, which includes selling or otherwise trading in, buying, receiving, giving, donating, bartering or accepting as a gift, or in anyway acquiring or disposing of any specimen;"watercourse" means-(a)a river or spring;(b)a natural channel in which water flows regularly or intermittently; and(c)a wetland, lake or dam into which, or from which, water flows; and includes, where relevant, its bed and banks;"wild populations" means wild populations as defined in regulation 1(1) of the TOPS Regulations, pertaining to both listed and non-listed species;"wild specimen" means wild specimen as defined in regulation 1(1) of the TOPS Regulations pertaining to both listed and non-listed species.

2. Purpose of Act

The purpose of this Act is to provide for-

(a)the management, promotion and protection of the biological diversity in the Province and the components of such biological diversity;

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

(c)the registration of captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries; rehabilitation facilities, wildlife traders, wildlife translocators, professional hunters, hunting outfitters and hunting schools in the Province;

(d)the prohibition of specific restricted activities involving specific listed species;

(e)the protection of wild and captive populations of listed species;

(f)the consolidation of biodiversity legislation in the Province;

(g)the prevention of unauthorised introduction and spread of alien and listed invasive species to ecosystems and habitats where they do not naturally occur;

(h)the management and control of alien species and listed invasive species to prevent or minimise harm to the environment and to biodiversity in particular;

(i)the eradication of alien and listed invasive species from ecosystems and habitats where they may harm such ecosystems or habitats;

(j)the protection of habitat of all listed specially protected and ordinary species;

(k)the regulation of the issuing of permits and licences authorising-

(i)restricted activities involving specimens of-

(aa)listed species in terms of section 13(1);

(bb)CITES listed species;

(cc)extra-limital species in terms of section 28(1);

(dd)listed invasive species in terms of section 30(1);

(ii)restricted activities involving aquatic systems in terms of section 12;

(iii)restricted activities involving vegetation within 32 metres from the high watermark on either side of a watercourse in terms of section 10;

(vi)activities regulated in terms of a notice published in terms of section 25(1)(b); and[Please note: numbering as in original]

(l)the regulation of the registration of persons and facilities in terms of section 38.

3. State's trusteeship of biological diversity

In fulfilling the rights contained in section 24 of the Constitution, the state through its organs that implement legislation applicable to biodiversity, must-

(a)manage, conserve and sustain South Africa’s biodiversity and its components and genetic resources; and

(b)implement this Act to achieve the progressive realisation of those rights.

4. Application of Act

(1)This Act applies to natural, juristic persons and their activities affecting biological diversity and its components in the North West Province.

(2)This Act binds all organs of state in the provincial and local spheres of government.

5. National environmental management principles

The application of this Act must be guided by the national environmental management principles set out in section 2 of the National Environmental Management Act.

6. Conflicts with other legislation

In the event of any conflict between a section of this Act and-

(a)other provincial legislation in force immediately prior to the date of commencement of this Act, the section of this Act prevails if the conflict specifically concerns the management of biodiversity;

(b)national legislation, the conflict must be resolved in terms of section146 of the Constitution; and

(c)a municipal by-law, the section of this Act prevails.

7. Norms and standards

(1)The responsible Member may, by notice in the Gazette-

(a)publish norms and standards for the achievement of any of the objectives of this Act, including for the-

(i)management and conservation of the Province's biological diversity and its components;

(ii)restriction of activities which impact on biodiversity and its components;

(b)set indicators to measure compliance with those norms and standards; and

(c)amend any notice issued in terms of paragraph (a) or (b).

(2)

(a)Before publishing a notice in terms of subsection (1), the responsible Member must follow a consultative process in accordance with sections 66 and 67; and

(b)A consultative process referred to in paragraph (a) need not be applied to a non-substantial change to the notice.

(3)The Norms and standards contemplated in subsection (1), may apply-

(a)throughout the Province;

(b)in a specific area only; or

(c)to a specific category of biodiversity only.

(4)Different norms and standards may be published for-

(a)different areas; or

(b)different categories of biodiversity.

(5)The Norms and Standards or compliance indicators issued in terms of the Biodiversity Act are deemed to have been issued in terms of this Act and apply with the necessary changes in the Province.

Chapter 2
Biodiversity Advisory Bodies

8. Establishment of Biodiversity Advisory Bodies

(1)The responsible Member may, by notice in the Gazette, establish one or more Biodiversity Advisory Bodies for the Province to-

(a)advise the responsible Member on any matter relating to the implementation of this Act;

(b)monitor and make recommendations on any matter relating to biodiversity and nature conservation in the province;

(c)monitor any matter that may affect biodiversity and nature conservation in the province;

(d)monitor and advise on any regulatory development on biodiversity and Nature conservation in the province;

(e)liaise with any stakeholder, both national and interprovincial on any matter relating to biodiversity and conservation in the province;

(f)advise the responsible Member on any policy development that may have an impact on this Act.

(2)The powers and functions of a Biodiversity Advisory Body must be prescribed in the notice contemplated in subsection (1).

Chapter 3
Protected areas and ecosystems

Part 1 – Nature reserves and protected environments

9. Declaration of nature reserves and protected environments

(1)Any nature reserve or protected environment declared by the responsible Member in terms of the Protected Areas Act is deemed to be a nature reserve or protected area declared in terms of the Act.

(2)Nature reserves declared in terms of provincial legislation before or after the promulgation of the Protected Areas Act are deemed to have been declared in terms of the Act.

Part 2 – Threatened or protected ecosystems and habitat protection

10. Protection of threatened or protected ecosystems

(1)The responsible Member may, by notice in the Gazette, publish a provincial list of ecosystems and bioregions in the province that are threatened and in need of protection in terms of the Act.

(2)Any sensitive habitat identified, listed and regulated by the Minister in terms of the Biodiversity Act as bioregions or threatened or protected ecosystems is deemed to be identified, listed or regulated in terms of the Act.

(3)The provisions of the Biodiversity Act relating to bioregions and threatened or protected ecosystems apply with the necessary changes to provincial bioregions and threatened or protected ecosystems.

11. Protection of riparian habitat

(1)The responsible Member may, by notice in the Gazette, issue directives for the protection of riparian habitat in terms of the Act.

(2)The notice contemplated in subsection (1) may be updated from time to time in the Gazette by the responsible Member.

12. Protection of aquatic systems

(1)The responsible Member may by notice in the Gazette-

(a)issue a directive for the protection of aquatic systems in terms of the Act;

(b)publish a list of aquatic ecosystems in need of protection;

(c)declare certain water courses as conservation sensitive areas with restrictions of fishing activities.

(2)The notice contemplated in subsection (1) may be updated from time to time in the Gazette by the responsible Member.

Chapter 4
Protection of species

Part 1 – Restricted activities involving listed threatened or protected species

13. Listing of species in need of provincial protection

(1)The provisions of section 56(1) of the Biodiversity Act applies with the necessary changes in respect of the listing of species that are in need of provincial protection.

(2)In addition to the species contemplated in schedule 2 and 3 of this Act, the responsible Member may, by notice in the Gazette, publish a further list of-

(a)specially protected species, includes all indigenous species of animals and plants that are potentially threatened, exploited and economically important, and those that are listed under Section 56(1) of the Biodiversity Act, as well as under the National Forests Act of 1998 (Act No 84 of 1998), and those to receive additional protection beyond that of the ordinary species in the province;

(b)ordinary species, includes all common, widely distributed, indigenous species of vertebrates of the province that are not otherwise listed in any other categories, and that are to receive nominal protection.

(3)The responsible Member may, by notice in the Gazette-

(a)review the list in schedules 2 and 3, as well as any list published in terms of subsection (1); or

(b)assign any species, in the list contemplated in subsection (1), within the province to a higher conservation category.

(4)Notwithstanding the provisions of subsection (1), the list published in terms of section 12(1)(d) of the National Forest Act and its necessary changes apply for the purposes of the Act.

14. Maintaining sustainable yield of viable populations of listed species

(1)The responsible Member may annually determine and publish in the Gazette-

(a)an open annual hunting season, off-take limits, bag limits, and license fees for hunting in the province in respect of listed species;

(b)a list of game birds with bag limits, as well as the license fees for hunting in the province in respect of listed species;

(c)a list of ordinary fish species, minimum sizes and numbers of fish, as well as the license fees for angling in the province in respect of listed species;

(d)a list of specially protected fish species for mandatory catch and release purposes only, and/or with bag limits in the province in respect of listed species;

(e)allocation of the off-take limit for listed game species to be hunted during open season.

(2)Notwithstanding the provision of subsection 1(a), and in the case of no hunting season for the following year being proclaimed, the responsible Member shall with due cause shown, publish such decision by notice in the Gazette.

(3)The hunting off-take and bag limits set in terms of subsection 1(a) do not apply to listed species culled in protected areas in accordance with the management plans of the respective area.

15. Restricted activities involving listed specially protected species

(1)Any person who intends to carry out a restricted activity involving a specimen of listed specially protected species must do so by means of a permit issued in terms of Chapter 8

(2)Permits contemplated in subsection (1) may differentiate between different categories of applicants and may impose different validity periods.

(3)No person may import, introduce into the province from another country, export or re-export from the Province to another country a specimen of any listed species in the Appendices of the CITES without a permit issued in terms of Chapter 8.

16. Exemptions

(1)Section 15(1) does not apply to a specimen of a listed specially protected species conveyed from outside the Province in transit through the Province to a destination outside the Province.

(2)Specimens contemplated in subsection (1), must be accompanied by the export and import authorisations from the relevant provincial nature conservation authorities.

(3)Subject to the provisions of subsection (4), the responsible Member may, by notice in the Provincial Gazette, exempt from the provisions of section 15-

(a)any species specified in the notice;

(b)any species of a category specified in the notice; or

(c)any specimen or derivative of any species specified in the notice.

(4)A notice contemplated in subsection (3) may not contain any species, or a specimen or derivative of a species that is listed in Appendices of CITES.

(5)Any person may carry out an exempted restricted activity involving a specimen of a listed species without a permit contemplated in section 15(1).

(6)The following persons, or categories of persons, are exempted from the restriction contemplated in section 15(1) and (3), involving specimens of listed species, applicable to the extent indicated below-

(a)members of the South African Police Services, South African Revenue Services, customs division, and any other law enforcement agencies appointed to enforce the Criminal Procedure Act, in relation to the carrying out of restricted activities, such as the acquisition, receipt, possession, transport, disposal, confiscation and the subsequent handling of such specimens in the execution of their official duties;

(b)veterinarians, for the darting, transporting only to and from, the treatment facility, and temporary keeping in such a treatment facility, of specimens of listed species, subject to the condition that the restricted activity, for which purpose the specimen is darted, must be lawful.

(7)In addition to the exemptions contemplated in this section, the responsible Member may place conditions to such exemptions.

17. Restricted activities on land owned by person other than applicant

(1)Subject to the provisions of section 15(1) and (2), if the restricted activity applied for is to be carried out on private or state-owned land and the applicant is not the owner of the land, the applicant must, in the case of a listed species, obtain and submit the written consent of the landowner to undertake the proposed restricted activity on that land, when applying for a permit.

(2)Notwithstanding the provisions of subsection (1), the landowner’s written consent is not required if the application concerns a damage causing animal that poses a threat to human life.

18. Application affecting rights of other persons

(1)If the granting of an approval for a permit will affect the rights of a specific person, the applicant must give notice of the application to that person.

(2)Upon submission of an application for approval of a permit and registration the Applicant must also furnish proof of the notice contemplated in subsection (1).

(3)A person notified of an application in terms of subsection (1) must within 10 working days of having been notified of such application, submit to the Issuing Authority, in writing, any objections that he or she has against the application.

19. Additional requirements for possession of elephant ivory and rhinoceros horn

(1)The relevant provisions as prescribed by the Minister and stipulated in regulation 70 of the TOPS Regulations or notices, apply with the necessary changes in respect of provisions relating to the possession of elephant ivory and rhinoceros horn.

(2)The loss through theft or any other means of elephant ivory or rhinoceros horn marked and registered in terms of this section must be reported within 48 hours to the South African Police Services and the Issuing Authority.

20. Amendment of notices

(1)The responsible Member may, by notice in the Gazette, amend or withdraw any notice published in terms of section 13(2) or 16(3).

(2)The amendment or withdrawal contemplated in subsection (1) shall comply with the provisions of section 66.

Part 2 – Prohibited activities involving listed species

21. Prohibited activities involving listed large predators, White rhinoceros (Ceratotherium simum) or and Black rhinoceros (Diceros bicornis)

The relevant provisions prescribed by the Minister and stipulated in the TOPS Regulations apply with the necessary changes in respect of prohibited activities involving listed large predators, White rhinoceros (C. simum) and Black rhinoceros (D. bicornis).

22. Prohibited activities involving listed Encephalartos (Cycads) species

The relevant provisions as prescribed by the Minister and stipulated in the National Threatened or Protected Species Regulations or Notices, apply with the necessary changes in respect of prohibited activities involving listed Encephalartos species.

23. Prohibited activities involving listed species

(1)The following are prohibited activities involving listed species-

(a)the hunting of listed species, that is a canned hunt;

(b)the hunting of listed species in an intensive wildlife management system;

(c)the hunting of listed species under the influence of any tranquilising, narcotic, immobilising or similar agent;

(d)the hunting of listed species released in an area adjacent to a holding facility where listed species are bred; and

(e)the hunting of listed species by making use of a gin trap;

(f)the hunting of listed species, unless the owner of the land on which the animal is to be hunted provides an affidavit or other written proof indicating the period for which the species to be hunted has been on that property, if that species was not born on that property;

(g)the breeding in captivity of listed large predator, White rhinoceros (C. simum) and Black rhinoceros (D. bicomis), unless the prospective breeder provides a written undertaking that that such species will not be bred, sold, supplied or exported for hunting activities that are considered prohibited activities in terms of paragraphs (a) to (e) of this subsection;

(h)the carrying out of any restricted activity contemplated in sections 15 and 24 without a permit issued in terms of Chapter 8.

(2)In addition to the prohibitions contemplated in subsection (1), the responsible Member 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 species; and

(b)which is specified in the notice, or prohibit the carrying out of such activity without a permit issued in terms of Chapter 8.

Part 3 – Restricted activities involving ordinary species

24. Restricted activities involving ordinary species

(1)Any person who intends to carry out a restricted activity involving a specimen of ordinary species must do so by means of a permit or licence issued in terms of Chapter 8.

(2)Notwithstanding the provisions of subsection (1), ordinary species listed under schedule 4 may be hunted by means of a landowner's written consent only.

25. Exemptions from complying with provisions of section 24

(1)The responsible Member may, by notice in the Gazette, exempt from the provisions of section 24-

(a)any species specified in the notice;

(b)any species of a category specified in the notice; or

(c)any specimen or derivative of any species specified in the notice.

(2)Any person may carry out a restricted activity involving a specimen of an exempted species without a permit or license mentioned in section 24(1).

Part 4 – Damage causing animals

26. Provisions relating to damage causing animals

(1)The relevant provisions as prescribed by the Minister and stipulated in the TOPS Regulations or Notices apply with the necessary changes in respect of the provisions relating to damage causing animals.

(2)The provisions of subsection (1) apply in respect of ordinary species

(3)Notwithstanding the provisions of subsection (1), the Issuing Authority may issue a permit to hunt a damage causing animal of a species by a hunting client.

(4)Subject to the provisions of the Act and any prohibitions imposed by the Biodiversity Act, the responsible Member may take steps that may be necessary or expedient to destroy, reduce, remove or eliminate, either generally or in a particular manner, any listed species which may be harmful or detrimental to biodiversity.

(5)The responsible member may in consultation with the member of executive council for finance, establish provincial compensation fund to compensate a person who has experienced damage caused by a damage causing animal.

(6)In a case where a damage causing animal originates from a protected area, the management authority of such protected area may be liable for compensating a person who has experience damage caused by a damage causing animal.

(7)In a case where a damage causing animal originates from a property of a private person, the landowner may be liable for the damage caused and compensation to a person who has experience damage caused by a damage causing animal.

Chapter 5
Species and organisms posing potential threats to biodiversity

Part 1 – Management of alien species posing potential threats to biodiversity

27. Management of alien species posing potential threats to biodiversity

(1)The provisions of Chapter 5 of the Biodiversity Act apply with the necessary changes in respect to the management of alien species posing potential threats to biodiversity.

(2)For the purpose of this Chapter, 'specimen' has the meaning assigned to it in paragraphs (a) and (b) of the definition of 'specimen' in section 1 of the Act.

Part 2 – Extra-limital

28. List of extra-limital species

(1)The responsible Member may, by regulations, publish a provincial list of extra-limital species in respect of which this Chapter must be applied in the province.

(2)Any list published in terms of subsection (1) must be reviewed by the responsible Member every five years.

29. Restricted activities involving listed extra-limital species

(1)The provisions of section 71 of the National Biodiversity Act apply with the necessary changes in respect of restricted activities involving listed specially protected and ordinary animal species.

(2)Provisions of Chapter 8 of the Act apply with the necessary changes, in respect of restricted activities involving provincial listed extra-limital species

Part 3 – Listed invasive species

30. List of invasive species

(1)The responsible Member may, in consultation with the Minister in terms of section 70(1)(b), (2) and (3) of the Biodiversity Act, by notice in the Gazette, publish a provincial list of invasive species in respect of which this Chapter must be applied in the Province

(2)Any list published in terms of subsection (1) must be reviewed by the responsible Member every five years.

(3)Any list contemplated in subsection (1) as published in terms of the Biodiversity Act is deemed to be published in terms of this Act and applies with the necessary changes in the Province.

31. Restricted activities involving listed invasive species

The provisions of section 71 of the Biodiversity Act apply with the necessary changes in respect of restricted activities involving listed invasive species.

32. Amendment of notices

(1)The responsible Member may, by notice in the Gazette, amend or withdraw any notice published by him or her in terms of section 40 (1) of the Biodiversity Act.

(2)The amendment or withdrawal contemplated in subsection (1) shall comply with the provisions of section 66.

33. Duty of care relating to listed invasive species

The provisions of section 73 of the Biodiversity Act apply with the necessary changes in respect of duty of care relating to listed invasive species.

34. Requests for directives to competent authorities

The provisions of section 74 of the Biodiversity Act apply with the necessary changes in respect of requests for directives to the competent authorities.

35. Control and eradication of listed invasive species

The provisions of section 75 of the Biodiversity Act apply with the necessary changes in respect of control and eradication of listed invasive species.

36. Invasive species control plans of organs of state

The provisions of section 76 of the Biodiversity Act apply with the necessary changes in respect of Invasive species control plans by organs of state.

37. Invasive species status reports

The provisions of section 77 of the Biodiversity Act apply with the necessary changes in respect of Invasive species status reports

Chapter 6
Registration of captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries, rehabilitation facilities, wildlife traders, wildlife translocators, temporary holding facilities, freight agents, falconers, taxidermists, professional hunters, hunting outfitters, and professional hunting schools

Part 1 – Compulsory registration requirements

38. Compulsory registration requirements

(1)The provisions of the TOPS Regulations apply with necessary changes in relation to Compulsory Registration of captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility temporary holding facilities, taxidermy, or to act as a wildlife trader, wildlife translocator, freight agent, falconer, professional hunter, hunting outfitter or a professional hunting school involving specimens of any listed species.

(2)A holder of a compulsory registration certificate may conduct a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility, temporary holding facilities, taxidermy, game farm, or act as a wildlife trader, wildlife translocator, freight agent, falconer, professional hunter, hunting outfitter or a professional hunting school involving specimens of any listed species.

(3)Notwithstanding the provision of subsection (2) a registration made in terms of Chapter 7 of the Biodiversity Act is deemed to have been made in terms of this Act

39. Application affecting rights of other persons

(1)If the granting of an approval for a registration application will affect the rights of a specific person, the applicant must give notice of the application to that person.

(2)Upon submission of an application for approval of a registration, the Applicant must also furnish proof of the notice contemplated in subsection (1).

(3)A person notified of an application in terms of subsection (1) must within 15 working days of having been notified, submit to the Issuing Authority, in writing, any objections that he or she has against the application.

Part 2 – Considerations, conditions and essential requirements for registration certificates

40. Factors to be taken into account by Issuing Authority

(1)When considering a registration application, the Issuing Authority must take into account-

(a)all applicable legal requirements in order to ensure that any decision with respect to the registration is consistent with those requirements,

(b)whether the species to which the application relates is listed in terms of section 13 of the Act as specially protected species;

(c)the purpose for which the captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility, wildlife trader, is conducted;

(d)that all species bred or kept in captivity must be micro-chipped or marked, where appropriate, each specimen of a listed species at the captive breeding operation, commercial exhibition facility, game farm, nursery, sanctuary or rehabilitation facility or traded with by the wildlife trader; and

(e)in the case of an application for the registration of a game farm, whether the game farm is fenced in accordance with the prescribed fencing specifications in terms of the Regulations.

41. Consideration of and decision on applications

(1)On receipt of an application lodged in terms of section 53(1), the Issuing Authority must order an inspection of the premises in respect of which the application has been lodged.

(2)Upon completion of the inspection contemplated in subsection (1), a written recommendation on whether the application must be granted or refused must be submitted to the Issuing Authority.

(3)If the recommendation contemplated in subsection (2) is to grant the application, any conditions on which the application must be granted, must be stipulated by the official who conducted such an inspection.

42. Compulsory conditions for registration of captive breeding operations, commercial exhibition facilities and rehabilitation facilities

(1)The relevant provisions as prescribed by the Minister and stipulated in the National Threatened or Protected Species Regulations or Notices apply with the necessary changes in respect of provisions relating to the compulsory conditions for the registration of captive breeding operations, commercial exhibition facilities and rehabilitation facilities

(2)The provisions of subsection (1) apply with the necessary changes in respect of non-listed species.

(3)The registration of captive breeding operations, commercial exhibition facilities and rehabilitation facilities must be subject to a condition that the person to whom the registration is granted must comply with the minimum fencing specification as prescribed by the issuing authority.

(4)Non compliance with the condition contemplated in subsection (1), (2) and (3) constitutes an offence.

43. Additional compulsory conditions for registration of commercial exhibition facilities

(1)A registration in respect of a commercial exhibition facility must, in addition to any other conditions the Issuing Authority may impose, be subject to a condition that the person to whom the registration is granted must comply with the provisions of the latest version of the South African National Standard's Code of Practice as in SANS: Translocation, Zoo and Aquarium Practice.

(2)Non-compliance with the condition contemplated in subsection (1) constitutes an offence.

44. Compulsory condition for registration of sanctuaries

(1)A registration certificate issued in respect of a sanctuary for listed specially protected and ordinary animal species must be subject to the condition that no breeding will be allowed in the sanctuary.

(2)Non-compliance with the condition contemplated in subsection (1) constitutes an offence.

45. Compulsory condition for registration of wildlife translocators

(1)A registration certificate may only be issued in respect of a wildlife translocator if the Issuing Authority is of the opinion that the applicant possesses the necessary knowledge, ability, skill and experience, and subject to a condition that they comply with the latest version of the relevant South African National Standards' Code of Practice:

(2)Non-compliance with the condition contemplated in subsection (1) constitutes an offence.

46. Registration of professional hunting schools, hunting outfitters and professional hunters.

(1)The responsible Member may register an appropriately qualified person with the requisite training, skills, knowledge, experience, and ability as a director of school, hunting outfitter or professional hunter.

(2)The responsible member may on good cause shown dispense with the provisions of subregulation (1).

47. Minimum requirements for registration of professional hunters and hunting outfitters

A registration certificate may only be issued in respect of a professional hunter or a hunting outfitter if the applicant-

(a)possesses the necessary knowledge, ability, skill and experience;

(b)is of and above the age of 18 years;

(c)in the case of a hunting outfitter, if the applicant can provide the prescribed services and conveniences; and

(d)is a South African citizen or holder of a permanent residence permit.

48. Appointment of advisors for evaluation of hunting outfitters and professional hunters

(1)The responsible Member may appoint such number of persons as he or she may deem expedient to advise him or her whether a professional hunter or hunting outfitter complies with the prescribed requirements.

(2)The responsible Member may consult any person, organisation or institution with regard to any matter he or she deems necessary to enable him or her to perform his or her functions.

Chapter 7
General

49. Movement of species

(1)The responsible Member may in a prescribed manner determine-

(a)the season for mass game capture,

(b)the season for which game auctions must be conducted.

(2)The list under schedule 5 may, by notice in a Gazette be reviewed, by the Responsible Member.

50. Leaving or making of openings in certain fences

No person may on land upon which listed species are found or likely to be found and which is fenced in such a manner that such animals cannot readily escape, make an opening in the fence so designed that such animals entering the land through the opening, cannot easily find the opening to escape.

Chapter 8
Registration certificates, permits, and licenses

Part 1 – Registration system, the issuing of permits and licenses

51. Issuing Authorities

(1)The responsible Member is the issuing authority for registration certificates and permits issued in terms of the Act for all listed species.

(2)Notwithstanding the provisions of subsection (1), the responsible Member may provide provincial open season hunting permit books to landowners and tribal authorities who would further sell provincial open season hunting permits to their hunting clients for hunting during open season as declared in terms of section 14(1)(a).

52. Types of permits

The following permits apply in terms of the Act-

(a)provincial ordinary permit;

(b)provincial standing permit; and

(c)provincial registration certificate

53. Persons who may apply for permits and registration certificates

(1)Any person may apply for a permit or registration certificate by lodging an application with the Issuing Authority on the prescribed form.

(2)An issuing Authority may—

(a)request the applicant to furnish any additional information, including a risk assessment before it considers the application;

(b)require the applicant to comply with such reasonable conditions as it may impose before it grants the application;

(c)issue the permit unconditionally or issue it subject to conditions; or

(d)refuse a permit.

(3)In order to be valid, a decision of the Issuing Authority to issue or refuse a permit or a registration certificate or to issue it subject to conditions, must be consistent with-

(a)the applicable provisions of the Act;

(b)the national environmental management principles;

(c)the provincial biodiversity framework;

(d)any other relevant plans adopted or approved in terms chapter 3 of the Biodiversity Act;

(e)any applicable international agreement binding on the Republic;

(f)the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000); and

(g)any requirements that may be prescribed.

(4)If compulsory conditions are prescribed for any kind of permit, an Issuing Authority may not issue a permit of that kind other than subject to those conditions.

(5)If the application is rejected, the Issuing Authority must give reasons for the decision and explain his/her right of appeal in writing to the applicant.

(6)Notwithstanding provisions of subsection (1), the issuing authority may defer a decision to issue a permit wherein the applicant, owner or intended recipient of the specimen of a listed species applied for is under investigation for the contravention or failure to comply with any provision of the Act, until such time that the investigation is concluded and-

(a)no prosecution in respect of such contravention or failure is instituted against the applicant concerned,

(b)the applicant concerned is acquitted or found guilty, if a prosecution in respect of such contravention or failure has been instituted, or

(c)the applicant concerned has been convicted by court of law of an offence in respect of such contravention or failure and the applicant has in respect of the conviction exhausted all the recognised legal proceedings pertaining to appeal or review.

(7)Only the following persons may apply for provincial standing permits-

(a)the management authority of a protected area, for a provincial standing permit authorising restricted activities involving specimens of a listed species and within the protected area that are necessary for their management in accordance with the management plan of the area;

(b)a person conducting a registered captive breeding operation, for a standing permit authorising restricted activities involving specimens of a listed species kept or bred at that captive breeding operation that are necessary for the purpose for which that captive breeding operation is registered;

(c)a person conducting a registered nursery, for a provincial standing permit authorising restricted activities involving specimens of a listed cultivated or artificially propagated at that nursery that are necessary for the purpose for which that nursery is registered;

(d)the operator of any registered sanctuary or registered rehabilitation facility, for a standing permit authorising restricted activities involving specimens of a listed species brought to that sanctuary or rehabilitation facility that are necessary for their treatment or care;

(e)the operator or head of a registered scientific institution or a person approved in writing by such an institution, for a provincial standing permit authorising restricted activities involving specimens of listed species;

(f)the operator or head of a registered commercial exhibition facility, for a provincial standing permit authorising restricted activities involving specimens of a listed species under the care of the exhibitor that are necessary for the purpose for which the commercial exhibition facility is registered;

(g)a registered wildlife trader, for a provincial standing permit authorising him or her to operate as a wildlife trader in listed species; or

(h)a registered wildlife translocator for a provincial standing permit authorising him or her to operate as a wildlife translocator in listed species.

(i)a registered game farm for a provincial standing permit with exemption or without exemption to operate as a game farm for listed species.

(8)The provision of subsection (7) do not apply to species listed under Section (56) of the Biodiversity Act

(9)The Issuing Authority may cancel the permit or registration certificate if-

(a)the permit or registration certificate was issued as a result of misleading or false representation by the applicant or a person acting on behalf of the applicant;

(b)the permit or registration certificate is inconsistent with any of the requirements outlined in subsection (3); or

(c)the applicant, permit holder or holder of a registration certificate has contravened or failed to comply with-

(i)any condition of the permit;

(ii)any provision of this Act or other law governing the permitted activity; or

(iii)any international law governing the permitted activity.

(10)The Issuing Authority may cancel the permit or registration of a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility, wildlife trader, wildlife translocation, professional hunter, hunting outfitter or professional hunting school if-

(a)the permit or registration certificate holder has breached a condition subject to which the permit was issued or registration was registered;

(b)the operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary or rehabilitation facility is managed, or a wildlife trader, wildlife translocator, is operating, in a manner which is-

(i)detrimental to the specimens being bred, reared, propagated, or kept at such operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility, wildlife trading premises, wildlife translocation methods;

(ii)not in accordance with any information provided to the responsible Member or

(c)there is a change in the conservation status of the relevant species being bred, propagated or kept by a permit holder or at such facility that affects the continuation of the permit or registration.

54. Renewal of permits and provincial registration certificates

(1)The holder of a permit or provincial registration certificate may, before the expiry of the period for which a permit or provincial registration certificate was issued, apply in writing to the Issuing Authority, in a prescribed form, for the renewal of that permit or provincial registration certificate.

(2)An application referred to in subsection (1) must be accompanied by the prescribed processing fee as determined by the Issuing Authority.

55. Exercising or performing of powers, functions or duties of owner where more than one person, partnership or other body holds land

Where land is held by-

(a)more than one person in undivided shares;

(b)a partnership;

(c)a body corporate or incorporate,

the powers, functions or duties which an owner of land may exercise or perform in terms of the provisions of the Act, must be exercised or performed on behalf of such persons, partnership or body by a person nominated by such persons, partnership or body.

56. Amendment of permits or registration certificates

(1)The Issuing Authority may amend a permit or registration certificate-

(a)on application by the holder of the permit or registration certificate; or

(b)on the Issuing Authority’s own initiative.

(2)A permit or registration certificate may be amended by-

(a)removing a condition;

(b)changing a condition;

(c)adding a condition;

(d)updating or changing any detail on the permit or registration certificate; or

(e)correcting a technical or editorial error on the permit or registration certificate.

57. Licences

(1)In addition to provisions of section 14(1), the Responsible Member is the issuing authority for licenses issued in terms of the Act for all listed species.

(2)Notwithstanding the provisions of subsection (1), the Responsible Member may delegate the issuing of certain licenses to accredited organizations appointed in terms of the Act.

(3)The fees for licenses sold by accredited organization contemplated in subsection (2) shall be determined by the provincial treasury.

Part 2 – Appeals

58. Appeals to be lodged with responsible Member

(1)A person who feels aggrieved by the decision in terms of the Act and its Regulations may lodge, with the Responsible Member, an appeal against the decision within twenty (20) working days after having been informed of the decision.

(2)The provisions of the national appeal regulations published under NEMA applies with its necessary changes in respect of the procedure to lodge and the processing of an appeal against a decision taken in terms of the Act and its Regulations.

(3)The responsible Member must either-

(a)consider and decide on the appeal; or

(b)designate a panel of persons to consider and decide on the appeal.

(4)An appeal does not suspend the decision against which the appeal is lodged unless the responsible Member or appeal panel considering the appeal directs otherwise.

(5)If the Responsible Member appoints the appeal pane! as in subsection 3(b), the decision of the appeal panel shall be deemed final.

Chapter 9
Enforcement and administration of Act

Part 1 – Delegations

59. Delegations by responsible Member and Issuing Authority

(1)The responsible Member may, in writing, delegate any power or function conferred, entrusted or imposed upon the responsible Member under the Act, except the power to make Regulations, to the Issuing Authority with or without the authority to delegate further.

(2)Any delegations by the responsible Member or Issuing Authority in terms of subsection (1) must be recorded in writing on the delegation list.

(3)An official of the Department may exercise a power or a duty in terms of the Act only to the extent that that power or duty has been delegated or sub-delegated in writing by the Responsible Member or the Issuing Authority, as the case may be, as recorded in the delegation list.

Part 2 – Appointment of external advisors, organizations and Environmental Management Officers

60. Appointment of external advisors and organizations

(1)The responsible Member may appoint external specialist advisors on matters relating to biodiversity conservation on such terms and conditions as he or she may deem fit.

(2)The responsible Member may appoint external accredited organisations for the purposes of executing certain functions in terms of the Act as he or she may deem fit.

(3)The powers, functions and qualification criteria of an accredited organization contemplated in subsection (2), will be prescribed by the Responsible Member.

(4)The responsible Member may consult any person, organisation or institution with regard to any matter he or she deems necessary to enable him or her to perform his or her functions.

61. Appointment of Environmental Management Officers

Provisions of Part B, section 31C read with section 31D(1)(e) of NEMA apply with the necessary changes in respect of appointment of environmental management officers, application and enforcement of the Act.

62. Appointment of Honorary Environmental Management Officers

(1)The responsible Member may-

(a)appoint a qualifying private individuals as Honorary Environmental Management Officers; and

(b)issue certificates of appointment to such officers.

(2)The powers of a peace officer contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No 51 of 1977) and the power contemplated in section 31H, 31I and 31J of NEMA apply with the necessary changes to an Honorary Environmental Management Officer appointed in terms of subsection (1).

(3)Upon appointment of an honorary environmental officer, the responsible Member must issue a certificate outlining the powers contemplated in subsection (2)

(4)The responsible Member must, in addition to the certificate contemplated in subsection (3), issue an identity card to an honorary environmental officer.

(5)An honorary environmental officer must at all times, during the performance of his or her duties, be in possession of the identity card contemplated in subsection (4), and must upon request produce such an identity card.

(6)The honorary environmental officer may not exceed the powers outlined in his or her appointment certificate.

(7)Any non-compliance with the provisions outlined in the certificate constitutes an offence in terms of this Act and may render the honorary environmental officer liable for damages arising out of his or her conduct

63. Prescribed standards

The responsible Member may prescribe-

(a)qualification criteria for Honorary Environmental Management Officers; and

(b)training that must be completed by Honorary Environmental Management Officers.

Part 3 – Regulations and incorporation of standards

64. Regulations by responsible Member

(1)The responsible Member may make regulations relating to any matter that may be necessary to facilitate the implementation of the Act.

(2)The responsible Member may prescribe-

(a)the qualification criteria for the registration of professional hunters, hunting outfitters and professional hunting schools by notice in the Gazette;

(b)the qualification criteria for honorary environmental management officers by notice in the Gazette;

(c)the services and conveniences that must be provided by hunting outfitters.

(d)the fencing requirements for game farms; and

(e)the format for, and applicable fees, for applications for permits, licenses and registration certificates.

(3)The responsible Member may make regulations on-

(a)matters relating to hunting in the province;

(b)the matters relating to capture and translocation of species in the province;

(c)matters relating to possession and keeping of species and specimens in the province; and

(d)matters relating to the management of extra-limital species in the province.

(4)Any regulation with direct fiscal implications may be made only with the concurrence of the Responsible Member of Finance.

(5)Before publishing any regulations in terms of subsection (1), or any amendment to the regulations, the Responsible Member must follow a consultative process in accordance with sections 66 and 67 of the Act.

(6)Any regulation made in terms of the Biodiversity Act is deemed to be published in terms of the Act and applies with the necessary changes in the Province.

65. Incorporation of standards by reference

(1)The responsible Member may by notice in the Gazette incorporate in the Regulations any standard without stating the text thereof, by mere reference to the number, title and year of issue of that standard or to any particulars by which that standard is sufficiently identified.

(2)Any standard incorporated in the regulations under subsection (1) is for the purposes of the Act, insofar as it is not inconsistent with it, deemed to be a Regulation.

(3)A notice under subsection (1) comes into operation on a date specified in the notice, but not before the expiry of 30 days after the date of publication of the notice.

(4)If any standard is at any time after the incorporation thereof in the regulations amended or replaced, the notice incorporating that standard in the regulations is, unless otherwise stated therein, deemed to refer to that standard as so amended or replaced, as the case may be.

(5)For purposes of this section 'standard' means any code of practice, compulsory specification, specification, standard or standard method adopted by the South African National of Standards, as defined in section 1 of the National Standards Act, 1993 (Act 29 of 1993).

Part 4 – Consultation process

66. Consultation

(1)before exercising a power, which is subject to the provisions of this section and section 100 of the Biodiversity Act, the responsible Member must follow a consultative process contemplated in subsection (2) and section 67.

(2)In following the consultative process contemplated in subsection (1), the responsible Member must,-

(a)consult with all organs of state whose areas of responsibility may be affected by the exercise of such power; and

(b)allow public participation in the process in accordance with section 100 of the Biodiversity Act.

67. Public participation

The responsible Member must give notice of the proposed exercise of the power referred to in section 64-

(a)in the Gazette; and

(b)allow 30 days for submission of written comments.

Chapter 10
Offences and penalties

68. Offences

(1)A person is guilty of an offence if that person contravenes or fails to comply with or contravenes provisions of-

(a)Sections 15(1) and (3), 19(2), 21, 22, 23, 24, 29, 31, 33, 35, 38, 42, 43, 44, 45 and 50;

(b)a notice published in terms of sections 29 and 30;

(c)a directive issued in terms of section 34; or

(d)a compliance notice issued in terms of section 61(2).

(2)A person who is the holder of a permit is guilty of an offence if that person-

(a)performs the activity for which the permit was issued otherwise than in accordance with any conditions subject to which the permit was issued; or

(b)permits or allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a).

(3)A person registered to conduct a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or operates as a wildlife trader, wildlife translocator, temporary holding facilities, freight agents, falconers, taxidermists, professional hunter, hunting outfitter or professional hunting school is guilty of an offence if that person-

(a)conducts such captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or operates as a wildlife trader, wildlife translocator, temporary holding facility, freight agents, falconers, taxidermists, professional hunter, hunting outfitter or professional hunting school without a registration certificate issued in terms of Chapter 8 or in a manner that is not in accordance with any condition subject to which registration was granted; or

(b)fraudulently alters any certificate of registration issued in terms of Chapter 8.

(4)A landowner is guilty of an offence if-

(a)that person fraudulently alters any permit issued in terms of Chapter 8;

(b)allows prohibited activities to take place on a particular land; or

(c)any conditions of the registration certificate, standing permit or ordinary permits issued in terms of Chapter 8 of this Act or Chapter 7 of the Biodiversity Act were contravened.

(5)A person who owns or operates a registered nursery is guilty of an offence if—

(a)that person fraudulently alters any nursery possession permit issued in terms of Chapter 8 of this Act or Chapter 7 of the Biodiversity Act; or

(b)any conditions of the registration certificate, standing permit or nursery possession permits issued in terms of this Act or Chapter 7 of the Biodiversity Act were contravened.

(6)A person who operates as a registered wildlife trader is guilty of an offence if-

(a)that person fraudulently alters any permit issued in terms of Chapter 8 of this Act or Chapter 7 of the Biodiversity Act; or

(b)any conditions of the registration certificate, standing permit or permits issued in terms of this Act or the Biodiversity Act were contravened.

(7)A person is guilty of an offence if permitting or allowing any other person to undertake any restricted activity, which is an offence in terms of the Act

(8)A person is guilty of an offence if that person-

(a)fraudulently alters any permit or registration certificate issued in terms of this Act or the Biodiversity Act;

(b)fabricates or forges any document for the purpose of passing it as a permit or registration certificate;

(c)passes, uses, alters or has in his or her possession any altered or false document purporting to be a permit or registration certificate; or

(d)knowingly makes any false statement or report for the purpose of obtaining a permit or registration certificate.

(9)A person is guilty of an offence if that person-

(a)hinders or interferes with an environmental management officer in the execution of that officer’s official duties;

(b)pretends to be an environmental management officer, or the interpreter or assistant of such an officer;

(c)furnishes false or misleading information when complying with a request of an environmental management officer; or

(d)fails to comply with a request of an environmental management officer.

(10)For the purposes of this section, Schedule 2 to the Criminal Procedure Act, 1977 (Act 51 of 1977) apply with the necessary changes.

69. Penalties

A person convicted of an offence in terms of section 68, is liable to a fine not exceeding R10 million or to imprisonment for a period not exceeding 10 years, or to both such fine or imprisonment.

Chapter 11
Miscellaneous

70. Repeal of laws

The laws set out in the Schedule 1 hereto, are hereby repealed to the extent indicated in the third column of the said Schedule.

71. Savings

(1)Anything done in terms of the laws repealed by Section 104 of the Biodiversity Act, which may or must be done in terms of this Act, must be regarded as having been done in terms of the Act.

(2)Exemptions, permits, registration certificates and any other authorisations issued in terms of the TOPS Regulations which were valid immediately before the date on which these regulations took effect, are deemed to be issued in terms of the Act.

(3)Despite the repeal of the Ordinances listed in the First Schedule to the Act, any application for a permit made in terms of such repealed Ordinances that was not decided when this Act took effect, must be proceeded with in terms of this Act as if such application was an application in terms of the Act.

72. Short title and commencement

This Act is called the North West Biodiversity Management Act, 2016, and takes effect on a date determined by the responsible Member, by notice in the Gazette.

Schedule 1

Repeal of Laws (Section 92)

Number and year of law	Title	Extent of repeal
Ordinance No. 19 of 1974	Cape Nature and Environmental Conservation Ordinance, 1974	The whole, to the extent applicable to the North West province.
Act No. 3 of 1973	Bophuthatswana Nature Conservation Act of 1973	The whole, to the extent applicable to the North West province.
Ordinance No. 12 of 1983	Transvaal Nature Conservation Ordinance 1983	The whole, to the extent applicable to the North West province.
Ordinance No. 26 of 1957	Cape Problem Animal Control Ordinance	The whole, to the extent applicable to the North West.

Schedule 2

List of specially protected species (Section 13 of Act)

Class mammalia
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
Aardvark	Orycteropus afer	Thakadu	Erdvark
Aardwolf	Proteles cristatus	Thukhwi	Maanhaarjakkals
African Civet	Civettictis civetta	Tshipalore	Siwetkat
African Clawless Otter	Aonyx capensis	Lenyebi	Groototter
African Marsh Rat	Dasymys incomtus		Waterrot
All Bat species except for the Cape Serotine Bat Neoromicia capensis	Order Chiroptera	Mamanthwane	Vlermuise
Bat-eared Fox	Otocyon megalotis	Motlhose	Bakoorvos
Black-tailed Tree Rat	Thallomys nigricauda		Swartstertboomrot
Blesbok	Damaliscus pygargus phillipsi	None	Blesbok
Blue Wildebeest	Connochaetes taurinus	Kgokong	Blouwildebees
Buffalo	Syncerus caffer	Nare	Buffel
Bushbuck	Tragelaphus scriptus	Serolo	Bosbok
All Dormouse species	Family Myoxidae	Mokomane	Waaierstertmuise
All Cat or Felid species	Family Felidae	Dikatse	Katte
Dwarf Mongoose	Helogale parvula	Lefswekete	Dwergmuishond
Eland	Taurotragus oryx	Phohu	Eland
All Elephant Shrews or Sengis	Family Macroscelididae	Intufi	Klaasneuse
Giraffe	Giraffa Camelopardalis	Thutlwa	Kameelperd
Gemsbok	Oryx gazella	Kukama	Gemsbok
All Golden Moles	Family Chrysochloridae	Serunya	Gouemolle
Grey Rhebok	Pelea capreolus	Phele	Vaalribbok
Hippopotamus	Hippopotamus amphibius	Kubu	Seekoei
Klipspringer	Oreotragus oreotragus	Kololo	Klipspringer
Kreb's Fat Mouse	Steatomys krebsii		Krebs se vetmuis
Maquassie Musk Shrew	Crocidura maquassiensis		Maquassie- skeerbek
Mountain Reedbuck	Redunca fulvorufula	Phele	Rooiribbok
Plains Zebra	Equus zebra	Pitse	Bontsebra
All Red Rock Rabbits	Pronolagus sp.	Tlholwe	Rooiklipkonyne
Red Hartebeest	Alcelaphus buselaphus	Kgama	Rooihartebees
Sable Antelope	Hippotragus niger	Potokwane	Swartwitpens
South African Galago	Galago moholi	Mogwele	Nagapie
Striped Weasel	Poecilogale albinucha	Nakedi	Slangmuishond
Waterbuck	Kobus ellipsiprymnus	Motumoga	Waterbok
White-tailed Rat	Mystromys albicaudatus		Witstertmuis
Woosnam’s Desert Rat	Zelotomys woosnami	Sekuthe	Woosnam se woestyn rot

Class aves
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
African Finfoot	Podica senegelensis		Watertrapper
African Sacred Ibis	Threskiomis aethiopicus		Skoorsteenveer
African Skimmer	Rhynchops flavirostris		Waterploeer
Barn Owl	Tyto alba	Lerubise	Nonnetjie-uil
Bronzewinged Courser	Rhinoptilus chalcopterus		Bronsvlerkdrawwertjie
Burchell’s Courser	Cursorius rufus		Bloukopdrawwertjie
All Buzzards, Eagles, Goshawks. Hawks, Sparrowhawks, Kites and Vultures and other raptors in the family	Family Accipitridae		Roofvoels
Caspian Plover	Charadrius asiaticus		Asiatiese Strandkiewiet
Caspian Tern	Sterna caspia		Reusesterretjie
Chestnut-banded Plover	Charadrius pallidus		Rooibandstrandkie wiet
Cloud Cisticola	Cisticola textrix		GevlekteKlopkloppie
Common Whitethroat	Sylvia communis		Witkeelsanger
Cuckoo Finch	Anomaiospiza imberbis		Koekoekvink
Dwarf Bittern	Ixobrychus stumii		Dwergrietreier
Eurasian Bittern	Botaurus stellaris	Kgapu	Grootrietreier
European Roller	Coracias garrulous	Letleretlere	Europese Troupant
Fairy Flycatcher	Stenostira scita		Feevlieevanqer
All Falcons and Kestrels	Family Falconidae		Valke
All Flamingoes	Family Phoenicopteridae		Flaminke
Giant Kingfisher	Megaceryle maximus	Mmatlhapi	Reusevisvanger
Greater Painted Snipe	Rostratula benghalensis		Goudsnip
Great Sparrow	Passer motitensis		Groofrnossie
Green-capped Eremomela	Eremomela scotops		Donkerwangbossanger
Grey-headed Gull	Larus cirrocephalus		Gryskopmeeu
Grey Plover	Pluviolis squatarola		Grysstrandkiewiet
All Grebes except the Little Grebe Tachybaptis ruficollis	Family Podicipedidae		Dobbertjies
Half-collared Kingfisher	Alcedo semitorquata	Mmatlhapi	Blouvisvanger
Lesser Black-backed Gull	Larus fuscus		Kleinswartrugmeeu
Maccoa Duck	Oxyura maccoa		Bloubekeend
Melodious Lark	Mirafra cheniana	Sebotha	Spotlewerik
Meyers Parrot	Poicephalus meyeri		Bosveldpapegaai
Mountain Wagtail	Motacilla clara		Bergkwikkie
All Nightjars	Family Caprimulgidae		Naguile
Olive-tree Warbler	Hippolais olivetorum		Olyfboomsanger
Orange River White-eye	Zosterops pallidus		Gariepglasogie
Pacific Golden Plover	Pluviolis fulva		Asiatiese Goue Strandkiewiet
All Pelicans	Family Pelecanidae		Pelikane
All Phalaropes	Family Phalaropidae		Fraaiingpote
All Pratincoles	Family Glaerolidae		Sprinkaanvoele
Pygmy Kingfisher	Ispidina picta		Dwervisvanger
All Rails, Crakes, and Flufftails, except the Black Crake Amautomis flavirostris	Family Raliidae		Riethane en Vleikuikens
Redbilled Hornbill	Tockus erythrorhynchus	Korwe	Rooibekneushoring voel
Red-billed Oxpecker	Buphagus erythrorhynchus	Kala	Rooibekrenostervoel
Red-throated Wryneck	Jynx ruficollis		Draaihals
River Warbler	Locustella fluviatilis		Sprinkaansanger
Sand Martin	Riparia riparia		Europese Oewerswael
Secretary bird	Sagittarius serpentarius		Sekretarisvoel
Shelley's Francolin	Scleroptila shelleyi		Laeveldpatrys
Sickle-winged Chat	Cercomela sinuate		Vlaktespekvreter
Short-clawed Lark	Mirafra chuana		Kortkloulewerik
Short-tailed Pipit	Anthus brachyurus		Kortstertkoester
Sociable Weaver	Philetairus socius		Versamelvoel
Stark’s Lark	Spizocorys starki		Woestynlewerik
All Snipes, Godwits, Curlews, Whimbrels, Shanks, Sandpipers and Ruffs	Family Scolopacidae		Snippe, Griete, Wulpe, Ruiters, Strandlopers en Kemphane
All Storks	Family Ciconiidae	Lekololwane	Ooievare
Tree Pipit	Anthus trivialis		Boomkoester
Typical Owls	Family Strigidae		Uile
White-backed Duck	Thalassomis leuconotus		Witrugeend
White-backed Night Heron	Gorsachius leuconotus		Witrugnagreler
White-bellied Korhaan	Eupodotus afer	Mokagatwe	Witpenskorhaan
White-breasted Cormorant	Phalacrocorax lucidus	Timeletsane	Witborsduiker
White-fronted Plover	Charadrius marginatus		Vaalstrandkiewiet
Wing-snapping Cisiticola	Cisticola ayresii		Kleinste Klopkloppie
Yellow-throated Sandgrouse	Pterocles gutturalis		Geelkeelsandpatrys

Class amphibia
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
All Pygmy Toads	Poyntonophrynus sp.		Dwergskuwepaddas
All Bullfrogs	Pyxicephalus sp.	Letlametlo	Brulpaddas

Class reptilia
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
Eastern Tiger Snake	Telescopus semiannulatus		Gewone Tierslang
All Chameleons	Chamaeleo spp.		Verkleurmannetjie
All Flat Lizards	Platysaurus sp		Platakkedisse
Giant Plated Lizard	Gerrhosaurus validus		Panserakkedis
All Grass Lizards	Chamaesaura sp		Grasakkedisse
All Girdled Lizards	Cordylus sp.		Gordelakkedisse
Striped Harlequin Snake	Homoreselaps dorsalis		Kousbandjies
Horned Adder	Bitis caudalis		Horingadder
Kalahari Tent Tortoise	Psammobates oculiferus		Kalahari Skilpad
Lobatse Hinged Tortoise	Kinixys lobatsiana		LobatseSkarnierskilpad
All Monitor Lizards or Leguaans	Varanus sp.		Likewane
Spotted House Snake	Lamprophis guttatus
All Thick-toed Geckos	Pachydactylus sp.

Class pisces
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
African Longfin Eel	Anguilla mossambica		Geelbek- paling
All Barbs	Barbus sp.		Barbe
Mozambique Tilapia	Oreochromus mossambicus
All Yellowfish	Labeobarbus sp.		Geelvisse

Class arachnida
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
Aelurillus Jumping Spider	Aelurillus cristatopalpus
Wafer-lid Trapdoor Spider	Ancylotrypa brevicomis
Roodeplaat's Wafer-lid Trapdoor Spider	Ancylotrypa rufescens
Johannesburg’s Anyphops Wall Spider	Anyphops longipedatus
Mafekeng's Tube-web Spider	Ariadna similis
Ngome’s Long-jawed Ground Spider	Austrachelas merwei
Horned Baboon Spiders	Ceratogyrus spp.
Hanglip’s Tree Sheet-web Spider	Cyatholipus isolatus
Free States's Igloo Zodariid Spider	Diores femoralis
All Eusparassus Huntsmen	Eusparassus sp.
All Carcass Beetles	Family Trogidae
Shield-bum Trapdoor Spider	Galeosoma coronatum
Potchefstroom's Shield-bum Trapdoor Spider	Galeosoma crinitum
Rustenburg's Shield-bum Trapdoor Spider	Galeosoma pluripunctatum
Robert’s Shield-bum Trapdoor Spider	Galeosoma robertsi
Round Shield-bum Trapdoor Spider	Galeosoma scutatum
Flat Rock Scorpions	Hadogenes spp.
Common Baboon Spiders	Harpactira spp.
North West's Idiops Trapdoor Spider	Idiops pullus
Makapan’s Langona Jumping Spider	Langona manicata
Rustenburg’s Lycosa Wolf Spider	Lycosa gigantean
Wonderboompoort's Trapdoor Spider	Moggridgea paucispina
Creeping Scorpions	Opisthacanthus sp.
All Burrowing Scorpions	Opistophthalmus sp.
Free State's Pseudicius Jumping Spider	Pseudicius gracilis
Golden Baboon Spiders	Pterinochilus spp.
Conradi's Rhene Jumping Spider	Rhene konradi
Kimberley's Setaphis Ground Spider	Setaphis sexmaculata
Kroonstad’s Cork-lid Trapdoor Spider	Stasimopus coronatus
Venterskroon’s Cork-lid Trapdoor Spider	Stasimopus gigas
Griswold's Cork-lid Trapdoor Spider	Stasimopus griswoldi
Cork-lid Trapdoor Spider	Stasimopus nigellus
Robert’s Cork-lid Trapdoor Spider	Stasimopus robertsi

Class insecta
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
Roodepoort Copper	Aloeides dentatis maseruna
African Honey Bee	Apis mellifera
Charaxes Butterflies	Charaxes sp.
Lilac Tip	Colotis celimene amina
Tiger Beetles	Dromica spp.
All Dung Beetles	Garreta sp., Gymnopleuris sp., Heteronitis sp., Onitis sp., Sisyphus sp., Copris sp., Heliocopris sp., Catharsius sp., Anachalcos sp., Proagoderus sp., Kheper sp., Pachylomerus sp., Aphodius sp. and Coptorhina sp.
Goliath Beetle	Goliathus albosignatus
All Fruit Chafer Beetles	Ichnestoma spp.
Morant’s Blue	Lepidochrysops hypopolia
Free State Blue	Lepidochrysops letsea
Highveld Blue	Lepidochrysops praeterita
Potchefstroom Blue	Lepidochrysops procera
All Monster Tiger Beetles	Manticora spp.
Tiger Beetle	Megacephala regalis
Marsh sylph	Metisella meninx
All Carcass Beetles	Family Trogidae
Roodepoort Copper	Aloeides dentatis maseruna
African Honey Bee	Apis mellifera
Charaxes Butterflies	Charaxes sp.
Lilac Tip	Colotis celimene amina

Kingdom plantae
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
	Aloe braamvanwykii
	Anacampseros dicapitata
	Baderia media
	Blepharis angusta
All species of the Genus	Brachystelma sp.
	Ceropegia insignia
	Ceropegia stentiae
	Cineraria austrotransvaalensis
	Cineraria exilis
	Cleome conrathii
	Commelina bella
	Cynodon polevansii
	Delosperma leendertziae
	Dicliptera magaliesbergensis
	Drimia sanguinea
All species	Euphorbia sp., except Euphorbia ingens
All Ferns, except the Bracken Fern Pteridium aquilinum	Division Pteridophyta
Fairy Elephant's Foot	Frithia pulchra
	Gladiolus filiformis
	Gnaphalium nelsonii
	Indigofera commixta
	Kniphofia typhoides
	Ledebouria atrobrunnea
	Ledebouria confusa
	Lessertia phillipsiana
	Lithops leslei subsp. leslei
	Lobelia cuneifolia var ananda
	Miraglossum laeve
	Nerine gracilis
	Nuxia glomerulata
	Rennera stellata
	Searsia maricoana
	Senecio holubii
Tambotie	Spirostachys africana	Morukuru	Tambotie
	Sporobolus oxyphyllus
	Stenostelma umbelluliferum

Schedule 3

List of ordinary species (Section 13 of Act)

These include the following species:

All species of fish, with the exception of the following:
Sharp-toothed catfish	Clarias gariepinus
All species of amphibians, with the exception of the following:
All Toads of the Genus	Amietophyrynus
All Platannas and Clawed Frogs of the Genus	Xenopus
All species of reptiles
All species of birds, with the exception of the following:
Cape Sparrow	Passer melanurus,
Pied Crow	Corvus albus, and
Red-billed quelea	Quelea quelea
All species of mammals, with the exception of the:
Multimammate Mouse	Mastomys

Schedule 4

List of ordinary species to be hunted with landowner's written consent (Section 24(2) of Act)

Class mammalia
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
Biack-backed jackal	Canis mesomelas	Phokoje
Bushpig	Potamochoerus larvatus
Greater Canerat	Thryonomus swinderianus
All Hares of the genus Lepus	Lepus spp.
Porcupine	Hystrix africaeaustralis
Red-knobbed Coot	Fulica cristata
Rock Hyrax	Procavia capensis
Scaly-throated finch	Sporopipes squamifrons
All Squirrels of the Family Sciuridae	Paraxerus cepapi and Xerus inauris
Springhare	Pedetes capensis
Warthog	Phacochoerus africana
All Bulbuls of the Genus Pycnonotus	Pycnonotus spp
All Mousebirds of the Family Coliidae	Coliidae spp.
All Weavers of the Genus Ploceus	Ploceus spp.
Red-winged Starling	Onychognathus mori
Red Bishop	Euplectes orix

Schedule 5

List of species for capture and conveyance by means of a prescribed game movement register (Section 49(1)(b) of Act)

Class mammalia
Column 1	Column 2	Column 3	Column 4
English common name	Scientific Name	Setswana	Afrikaans
Blesbok	Damaliscus pygargus phillipsi	None	Blesbok
Blue Wildebeest	Connochaetes taurinus	Kgokong	Blouwildebees
Common Duiker	Sylvicapra grimmia	Photi	Gewone Duiker
Eland	Taurotragus oryx	Phohu	Eiland
Giraffe	Giraffa Camelopardalis	Thutlwa	Kameelperd
Gemsbok	Oryx gazella	Kukama	Gemsbok
Impala	Aepyeros melampus	Phala	Rooibok
Kudu	Tragelaphus strepsiceros	Tholo	Koedoe
Mountain Reedbuck	Redunca fulvorufula	Phele	Rooiribbok
Plains Zebra	Equus zebra	Pitse	Bontsebra
Red Hartebeest	Alcelaphus buselaphus	Kgama	Rooihartbees
Springbok	Antidorcas marsupialis	Tshepe	Springbok
Steenbok	Raphicerus campestris	Phuduhudu	Steenbok

Memorandum on the objects of the North West Biodiversity Bill, 2015

1. Background

1.1Section 24 of the Constitution of the Republic of South Africa, 1996, 1996, accords everyone the right-

(a)to an environment that is not harmful to their health or well-being; and

(b)to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures-

(i)prevent pollution and ecological degradation;

(ii)promote conservation;

(iii)secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

1.2This Act seeks to give effect to the provisions of section 24(a) and (b)(i) and (ii) of the Constitution of the Republic of South Africa, 1996, 1996.

1.3The Bill further seeks to enable the North West Provincial Government to, through legislation, create a legal basis for-

(a)the management, conservation and sustenance of South Africa's biodiversity, its components and genetic resources; and

(b)the achievement of the progressive realisation of those rights.

1.4The application of this Bill is guided by the national environmental management principles set out in section 2 of the National Environmental Management Act.

1.5Part A of Schedule 4 of the Constitution of the Republic of South Africa, 1996, lists conservation matters as a functional area of concurrent national and provincial legislative competence.

1.6Notwithstanding the fact that the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004 as amended) and the national environmental management principles set out in section 2 of the National Environmental Management Act, are applicable to and enforceable in the North West Province, the reality is that, in order to regulate matters specific to the North West which are not adequately regulated in the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), the National Environmental Management Biodiversity Act, 2004 (Act No. 10 of 2004 as amended) and the National Environmental Management Act, there needs to be legislation on matters specific to the North West Province, hence the promulgation of this Bill.

1.7In a nutshell the Bill seeks-

(a)to provide for the management and conservation of the North West Province’s biophysical environment and protected areas within the framework of the National Environmental Management Act, 1998 (Act 107 of 1998) and the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

(b)to provide for the protection of species and ecological-systems that warrant provincial protection;

(c)to provide for the sustainable use of indigenous biological resources; and

(d)to provide for matters connected therewith.

2. Chapter by chapter explanation

In summary, the Bill provides as follows-Clause 1Clause 1 provides for the definition of terms used in the Bill.Clause 2Clause 2 provides for the Purpose of ActClause 3Clause 3 provides for the State's trusteeship of biological diversityClause 4Clause 4 provides for the Application of ActClause 5Clause 5 provides for the National environmental management principlesClause 6Clause 6 provides for conflict with other legislationClause 7Clause 7 provides for the Norms and standardsClause 8Clause 8 provides for the establishment of Biodiversity Advisory BodiesClause 9Clause 9 provides for the declaration of nature reserves and protected environmentsClause 10Clause 10 provides for the protection of threatened or protected ecosystemsClause 11Clause 11 provides for the protection of riparian habitatClause 12Clause 12 provides for the protection of aquatic systemsClause 13Clause 13 provides for the listing of species that are in need of provincial protectionClause 14Clause 14 provides for the maintenance of sustainable yield of viable populations of listed speciesClause 15Clause 15 provides for rrestricted activities involving listed specially protected speciesClause 16Clause 16 provides for eexemptionsClause 17Clause 17 provides for restricted activities on land owned by person other than applicantClause 18Clause 18 provides for the application affecting rights of other personsClause 19Clause 19 provides for the Additional requirements for possession of elephant ivory and rhinoceros hornClause 20Clause 20 provides for the amendment of noticesClause 21Clause 21 provides for pprohibited activities involving listed large predators, White rhinoceros (Ceratotherium simum) or and Black rhinoceros (Diceros bicornis).Clause 22Clause 22 provides for pprohibited activities involving listed Encephalartos (Cycads) speciesClause 23Clause 23 provides for pprohibited activities involving listed speciesClause 24Clause 24 provides for rrestricted activities involving ordinary speciesClause 25Clause 25 provides for the eexemptions from complying with provisions of section 24Clause 26Clause 26 provides for the provisions relating to damage causing animalsClause 27Clause 27 provides for the Management of alien species posing potential threats to biodiversityClause 28Clause 28 provides for the list of extra-limital speciesClause 29Clause 29 provides for rrestricted activities involving listed extra-limital speciesClause 30Clause 30 provides for the list of invasive speciesClause 31Clause 31 provides for the restricted activities involving listed invasive speciesClause 32Clause 32 provides for the amendment of noticesClause 33Clause 33 provides for the duty of care relating to listed invasive speciesClause 34Clause 34 provides for rrequests for directives to competent authoritiesClause 35Clause 35 provides for the control and eradication of listed invasive speciesClause 36Clause 36 provides for the invasive species control plans of organs of stateClause 37Clause 37 provides for the invasive species status reportsClause 38Clause 38 provides for the compulsory registration requirementsClause 39Clause 39 provides for aapplications affecting rights of other personsClause 40Clause 40 provides for factors to be taken into account by Issuing AuthorityClause 41Clause 41 provides for the consideration of and decision on applicationsClause 42Clause 42 provides for the compulsory conditions for registration of captive breeding operations, commercial exhibition facilities and rehabilitation facilitiesClause 43Clause 43 provides for the additional compulsory conditions for registration of commercial exhibition facilitiesClause 44Clause 44 provides for the compulsory condition for the registration of sanctuariesClause 45Clause 45 provides for the compulsory conditions for the registration of wildlife translocatorsClause 46Clause 46 provides for the registration of professional hunting schools, hunting outfitters and professional huntersClause 47Clause 47 provides for the minimum requirements for registration of professional hunters and hunting outfittersClause 48Clause 48 provides for the appointment of advisors for evaluation of hunting outfitters and professional huntersClause 49Clause 49 provides for the movement of speciesClause 50Clause 50 provides for the leaving or making of openings in certain fencesClause 51Clause 51 provides for the Issuing authoritiesClause 52Clause 52 provides for the types of permitsClause 53Clause 53 provides for ppersons who may apply for permits and registration certificatesClause 54Clause 54 provides for the renewal of permits and provincial registration certificatesClause 55Clause 55 provides for the exercising or performing of powers, functions or duties of owner where more than one person, partnership or other body holds landClause 56Clause 56 provides for the amendment of permits or registration certificatesClause 57Clause 57 provides for the Licence applicationsClause 58Clause 58 provides for a to be lodged with the responsible MemberClause 59Clause 59 provides for the delegations by responsible Member and Issuing AuthorityClause 60Clause 60 provides for the appointment of External Advisors and OrganizationsClause 61Clause 61 provides for the appointment of Environmental Management OfficersClause 62Clause 62 provides for the appointment of Honorary Environmental Management OfficersClause 63Clause 63 provides for the prescribed standardsClause 64Clause 64 provides for the regulations by responsible MemberClause 65Clause 65 provides for the iincorporation of standards by referenceClause 66Clause 66 provides for ConsultationClause 67Clause 67 provides for ppublic participationClause 68Clause 68 provides for the offencesClause 69Clause 69 provides for ppenaltiesClause 70Clause 70 provides for the repeal of lawsClause 71Clause 71 provides for the protection and preservation of any act committed in terms of any law repealed through promulgation of this ActClause 72Clause 72 provides for the Short title and commencementSchedule 1Schedule 1 provides for a list of all laws to be repealedSchedule 2Schedule 2 provides for a list of specially protected speciesSchedule 3Schedule 3 provides for a list of ordinary speciesSchedule 4Schedule 4 provides for a list of ordinary speciesSchedule 5Schedule 5 provides for a list of ordinary species to be captured by means of a prescribed game movement register

4. Financial implications for provincial government

4.1Since it would be a new Act, the financial implications are estimated at around R35m excluding the general annual black book amount for Biodiversity Management Directorate of at least R45m and the required R25m for erection of holding facilities for confiscated and DCA game.

4.2The R35m would amount for all preparatory and implementation requirements of the Act and such further excludes the realignment of the structure to conform to the budget structure, which would now accommodate the new Directorate that deals with Protected Areas Regulations and Management as well the provisioning for Biodiversity Scientific Manager to oversee scientific investigations and biodiversity monitoring.

4.3The above R25m amount could be displaced to Department of Public Work sand Roads as it involves the identification of suitable site and erection of new wildlife holding facility (impounded) for all wild animals confiscated from offenders and those resulting as Damage Causing Animals (DCA) in terms of the Act.

5. Departments/bodies/persons consulted

The Bill has been drafted in consultation with -

5.1The Portfolio Committee;

5.2The members of the NW Wildlife Forum;

5.3The Legal Advisors to the NW Provincial Legislature;

5.4The Industry; and

5.5Office of the Chief State Law Advisor.

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History of this document

03 January 2017 this version

Published in North West Provincial Gazette 7721

26 May 2016

Assented to

North West Biodiversity Management Act, 2016

Taxonomies

North West Biodiversity Management Act, 2016

Act 4 of 2016

Chapter 1Interpretation, objectives and application of Act

1. Definitions

2. Purpose of Act

3. State's trusteeship of biological diversity

4. Application of Act

5. National environmental management principles

6. Conflicts with other legislation

7. Norms and standards

Chapter 2Biodiversity Advisory Bodies

8. Establishment of Biodiversity Advisory Bodies

Chapter 3Protected areas and ecosystems

Part 1 – Nature reserves and protected environments

9. Declaration of nature reserves and protected environments

Part 2 – Threatened or protected ecosystems and habitat protection

10. Protection of threatened or protected ecosystems

11. Protection of riparian habitat

12. Protection of aquatic systems

Chapter 4Protection of species

Part 1 – Restricted activities involving listed threatened or protected species

13. Listing of species in need of provincial protection

14. Maintaining sustainable yield of viable populations of listed species

15. Restricted activities involving listed specially protected species

16. Exemptions

17. Restricted activities on land owned by person other than applicant

18. Application affecting rights of other persons

19. Additional requirements for possession of elephant ivory and rhinoceros horn

20. Amendment of notices

Part 2 – Prohibited activities involving listed species

21. Prohibited activities involving listed large predators, White rhinoceros (Ceratotherium simum) or and Black rhinoceros (Diceros bicornis)

22. Prohibited activities involving listed Encephalartos (Cycads) species

23. Prohibited activities involving listed species

Part 3 – Restricted activities involving ordinary species

24. Restricted activities involving ordinary species

25. Exemptions from complying with provisions of section 24

Part 4 – Damage causing animals

26. Provisions relating to damage causing animals

Chapter 5Species and organisms posing potential threats to biodiversity

Part 1 – Management of alien species posing potential threats to biodiversity

27. Management of alien species posing potential threats to biodiversity

Part 2 – Extra-limital

28. List of extra-limital species

29. Restricted activities involving listed extra-limital species

Part 3 – Listed invasive species

30. List of invasive species

31. Restricted activities involving listed invasive species

32. Amendment of notices

33. Duty of care relating to listed invasive species

34. Requests for directives to competent authorities

35. Control and eradication of listed invasive species

36. Invasive species control plans of organs of state

37. Invasive species status reports

Part 1 – Compulsory registration requirements

38. Compulsory registration requirements

39. Application affecting rights of other persons

Part 2 – Considerations, conditions and essential requirements for registration certificates

40. Factors to be taken into account by Issuing Authority

41. Consideration of and decision on applications

42. Compulsory conditions for registration of captive breeding operations, commercial exhibition facilities and rehabilitation facilities

43. Additional compulsory conditions for registration of commercial exhibition facilities

44. Compulsory condition for registration of sanctuaries

45. Compulsory condition for registration of wildlife translocators

46. Registration of professional hunting schools, hunting outfitters and professional hunters.

47. Minimum requirements for registration of professional hunters and hunting outfitters

48. Appointment of advisors for evaluation of hunting outfitters and professional hunters

Chapter 7General

49. Movement of species

50. Leaving or making of openings in certain fences

Chapter 8Registration certificates, permits, and licenses

Part 1 – Registration system, the issuing of permits and licenses

51. Issuing Authorities

52. Types of permits

53. Persons who may apply for permits and registration certificates

54. Renewal of permits and provincial registration certificates

55. Exercising or performing of powers, functions or duties of owner where more than one person, partnership or other body holds land

56. Amendment of permits or registration certificates

57. Licences

Chapter 1
Interpretation, objectives and application of Act

Chapter 2
Biodiversity Advisory Bodies

Chapter 3
Protected areas and ecosystems

Chapter 4
Protection of species

Chapter 5
Species and organisms posing potential threats to biodiversity

Chapter 7
General

Chapter 8
Registration certificates, permits, and licenses

Chapter 9
Enforcement and administration of Act

Chapter 10
Offences and penalties

Chapter 11
Miscellaneous