Taxonomies
Related documents
- Is commenced by Western Cape Biodiversity Act, 2021: Commencement
- Repeals Western Cape Biosphere Reserves Act
- Repeals Western Cape Biosphere Reserves Regulations, 2012
Western Cape
South Africa
South Africa
Western Cape Biodiversity Act, 2021
Act 6 of 2021
- Published in Western Cape Provincial Gazette 8529 on 14 December 2021
- Assented to on 9 December 2021
- There are multiple commencements
- [This is the version of this document from 14 December 2021 and includes any amendments published up to 25 October 2024.]
Provisions | Status |
---|---|
Chapter 1 (section 1–4); Chapter 2 (section 5–6); Chapter 3 (section 7–8); Chapter 4 (section 9–33); Chapter 5 (section 34–38); Chapter 6, Part 1, section 39(1)(a), (2)–(4); Chapter 12, section 81–87, section 88(4)–(9), section 89 | commenced on 15 November 2022 by Proclamation 18 of 2022. |
Chapter 6, Part 1, section 39(1)(b); Part 2 (section 40–41); Part 3 (section 42); Part 4 (section 43–46); Chapter 7 (section 47–49); Chapter 8 (section 50–55); Chapter 9 (section 56–71); Chapter 10 (section 72–76); Chapter 11 (section 77–78); Chapter 12, section 79–80, section 88(1)–(3) | not yet commenced. |
Chapter 1
Interpretation, objectives and application
1. Definitions
In this Act, unless the context indicates otherwise—"adverse effect" means any actual, potential or cumulative negative impact on biodiversity, ecosystem services or ecological infrastructure that is more than trivial;"access and benefit sharing" means the fair and equitable sharing of benefits arising from the use of indigenous biological resources;"aircraft" means an airborne craft of any type, whether manned or unmanned and whether self-propelled or not;"alien species" means—(a)a species that is not an indigenous species;(b)an indigenous species translocated or intended to be translocated to a place outside its natural distribution range in nature through human intervention, but not an indigenous species that has extended its natural distribution range by natural means of migration or dispersal without human intervention;(c)a species listed by the Provincial Minister in terms of section 49(2)(h);"aquifer" means a geological formation which has structures or textures that hold water or permit an appreciable water movement through them;"authorisation" means any registration, certificate, licence, permit or other written permission issued or granted in terms of this Act that authorises the person to whom it is issued or granted to do anything that would otherwise be prohibited, and includes an integrated authorisation contemplated in section 54;"biodiversity" means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, and includes diversity within and between species, within and between populations, and of ecosystems;"Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act 10 of 2004);"biodiversity economy" means the businesses and economic activities that either directly depend on biodiversity for their business or that contribute to conservation of biodiversity through their activities;"biodiversity offset" means measurable conservation actions designed to counterbalance the residual adverse effects of any activity, or of the implementation of any plan, on biodiversity or ecological infrastructure after every effort has been made sequentially to avoid and minimise such effects, and to rehabilitate or restore damage, and includes the outcome of such measures;"biodiversity priority area" means an area in the landscape or seascape that is important for conserving a representative sample of ecosystems and species, maintaining ecological processes and ecological infrastructure or the provision of ecosystem services;"Biodiversity Spatial Plan" means a plan contemplated in section 34;"biodiversity stewardship agreement" means an agreement entered into between the Chief Executive Officer and a landowner which sets out the obligations of the parties to secure the conservation of a biodiversity priority area;"biodiversity stewardship area" means an area of land contemplated in section 42;"biodiversity target" means the quantitative amount of any biodiversity feature, including biodiversity patterns or ecological processes, that should be prioritised for conservation in order to ensure the long-term survival and persistence of the biodiversity feature;"biosphere reserve" means an area designated for inclusion in the World Network of Biosphere Reserves by the International Coordinating Council of UNESCO’s Man and the Biosphere Programme;"Biosphere Reserve Framework Plan" means the spatial plan compiled for a biosphere reserve as contemplated in section 45;"Board" means the governing board of CapeNature as contemplated in section 12;"CapeNature" means the provincial public entity contemplated in section 9;"captivity", in relation to a wild animal, means the keeping within an enclosure by means of any fence, wall or obstruction of any kind or the implementation of any method in such a way that the wild animal is unable to maintain itself by natural means;"Chairperson" means the Chairperson of the Board appointed in terms of section 16(1)(a);"Chief Executive Officer" means the Chief Executive Officer of CapeNature appointed in terms of section 27;"CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, Washington, D.C., United States of America, 1973;"climate change" means a change in climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods;"coastal public property" has the same meaning as in the Integrated Coastal Management Act;"conservation", in relation to biodiversity and nature, means the protection, care, management, rehabilitation and maintenance of ecosystems, habitats and indigenous species and populations, including the genetic variability within ecosystems and species, to safeguard the natural conditions for their long-term persistence and the ecosystem services that they may provide, and "conserve" has a corresponding meaning;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act 51 of 1977);"critically endangered species" means an indigenous species that is listed by the IUCN as a critically endangered species, and includes a species listed by the Provincial Minister in terms of section 49(2)(b);"Department" means the provincial department responsible for environmental matters in the Province;"derivative", in relation to an animal, plant or other organism, means any part, tissue or extract of the animal, plant or other organism, whether fresh, preserved or processed, and includes any genetic material or chemical compound derived from such part, tissue or extract;"development" means any process initiated by a person to change the use, physical nature, appearance, form or function of a place, and includes—(a)the construction, erection, alteration, demolition, or removal of a structure or building;(b)any change to the existing or natural topography of the land;(c)the carrying out of any works on, over or under a site;(d)the destruction or removal of indigenous vegetation; and(e)a process to rezone, subdivide or consolidate land;"domesticated species" means any species for which no equivalent population exists in the wild, and which has been influenced by humans to meet human needs, and includes a species listed by the Provincial Minister in terms of section 49(2)(j);"ecological infrastructure" means the naturally functioning ecosystems, including mountain catchments, water resources, coastal dunes, wetlands and nodes and corridors of natural habitat that together form networks of interconnected structural elements in the landscape that generate or deliver valuable ecosystem services to people;"ecosystem" means a dynamic complex of animal, plant and microorganism communities and their non-living environment interacting as a functional unit, which may be terrestrial, coastal, inland aquatic, estuarine or marine, or a combination thereof;"ecosystem services" means the benefits humans derive from ecosystems, which benefits include—(a)provisioning services, such as the production of food and provisioning of water;(b)regulating services, such as the control of climate, air quality or disease and disaster risk reduction;(c)supporting services, such as nutrient cycling, soil formation and crop pollination; and(d)cultural services, such as spiritual and recreational benefits;"endangered species" means an indigenous species that is listed by the IUCN as an endangered species, and includes a species listed by the Provincial Minister in terms of section 49(2)(c);"environment" means the surroundings within which humans exist and that are made up of—(a)the land, water and atmosphere of the earth;(b)microorganisms and plant and animal life;(c)any part or combination of the surroundings contemplated in paragraphs (a) and (b) and the interrelationships among and between them; and(d)the physical, chemical, aesthetic and cultural properties and conditions of the surroundings contemplated in paragraphs (a), (b) and (c) that influence human health and well-being;"environmental legislation" means—(a)the Environment Conservation Act, 1989 (Act 73 of 1989);(b)the National Environmental Management Act;(c)the National Water Act, 1998 (Act 36 of 1998);(d)the National Environmental Management: Air Quality Act, 2004 (Act 39 of 2004);(e)the National Environmental Management: Waste Act, 2008 (Act 59 of 2008);(f)the Protected Areas Act;(g)the Biodiversity Act;(h)the Integrated Coastal Management Act; and(i)the World Heritage Convention Act, 1999 (Act 49 of 1999),and includes any regulations or other subordinate legislation made in terms of these Acts;"estuary" means a body of surface water—(a)that is permanently or periodically open to the sea;(b)in which a rise and fall of the water level as a result of the tides is measurable at spring tides when the body of surface water is open to the sea; or(c)in respect of which the salinity is higher than fresh water as a result of the influence of the sea, and where there is a salinity gradient between the tidal reach and the mouth of the body of surface water, and "estuarine" has a corresponding meaning;"export" means the transfer, or attempted transfer, of any species or specimen, or any part or derivative of such species or specimen, from any position or place in the Province in any manner to another province of the Republic or to a country outside the borders of the Republic or to international waters;"extra-limital species" means a species contemplated in paragraph (b) of the definition of "alien species", and includes a species listed by the Provincial Minister in terms of section 49(2)(g);"feral animal" means an animal of a domesticated species which has gone wild;"genetic material" means any material of animal, plant, microbial or other biological origin containing functional units of heredity;"habitat" means a place where a species or ecological community naturally occurs;"Head of Department" means the head of the provincial department responsible for environmental matters in the Province;"heritage resource" means any place or object of cultural significance;"honorary nature conservation officer" means a person designated in terms of section 56(a)(iii);"hunt", in relation to a wild animal, an animal belonging to a non-indigenous species or a feral animal, means to—(a)search for;(b)pursue, follow or drive;(c)lie in wait for or wilfully disturb; or(d)shoot at or poison,the animal by any means whatsoever for the purpose of killing, injuring or capturing or attempting to kill, injure or capture it;"import" means to—(a)land on, bring into or introduce into the Province, or attempt to land on, bring into or introduce into the Province; or(b)bring into the Province for re-export to a place outside the Province;"indigenous"—(a)in relation to a species, means a species that occurs, or has historically occurred, naturally in a free state within the borders of the Republic, but excludes a species that has been introduced into the Republic as a result of human activity; and(b)in relation to a specimen, means an indigenous plant or wild animal of a species contemplated in paragraph (a);"indigenous biological resources" means any resource consisting of—(a)any specimen of an indigenous species; or(b)any genetic material of such specimen;"Integrated Coastal Management Act" means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act 24 of 2008);"invasive species" means any species whose establishment and spread outside of its natural distribution range—(a)threaten ecosystems, habitats, ecological infrastructure or other species or have the potential to threaten ecosystems, habitats, ecological infrastructure or other species; and(b)may result in economic or environmental harm or harm to human health;"IUCN" means the International Union for the Conservation of Nature, established in Fontainebleau, France, 1948;"landowner" means the registered owner of land, except that if—(a)the land is not occupied by the registered owner, it means the person—(i)who lawfully occupies the land;(ii)who exercises general control over the land;(iii)who has any registered real right in the land, subject to any other law; or(iv)who has been authorised in writing by the registered owner to fulfil his or her rights or duties in relation to the land;(b)the land is owned by an association of persons, whether corporate or unincorporated, it means the person designated by the association in writing as the owner;(c)the land is under the control or management of a municipality, it means the municipal manager;(d)the registered owner or the person who is defined as the owner in paragraph (a) or (b)—(i)is deceased;(ii)is insolvent;(iii)has assigned his or her estate for the benefit of his or her creditors;(iv)has been placed under curatorship by order of court; or(v)is a company being wound up or under judicial management,it means the person in whom the administration of the land is vested as executor, administrator, trustee, assignee, curator, liquidator or judicial manager, as the case may be; or(e)the land is coastal public property, it means the national department responsible for the fulfilment of the obligations of the state as public trustee of coastal public property in terms of sections 11 and 12 of the Integrated Coastal Management Act;"listed species" means a species included in a list contemplated in section 49(2);"Local Government: Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"long term" means a period of 50 years or longer;"mitigation measure" means a measure or sequence of measures aimed at avoiding, minimising, rehabilitating, restoring or remedying, including by means of biodiversity offsets, an adverse effect;"mountain catchment area" means an area contemplated in section 40;"Mountain Catchment Areas Act" means the Mountain Catchment Areas Act, 1970 (Act 63 of 1970);"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act 107 of 1998);"National Minister" means the member of the National Cabinet responsible for environmental affairs;"nature conservation officer" means a person designated in terms of section 56(a)(i);"nature conservation ranger" means a person designated in terms of section 56(a)(ii);"newspaper" means a monthly, weekly or daily publication containing articles on the news, features, reviews and advertisements, including such a publication communicated and received through the internet;"Ordinance" means the Nature Conservation Ordinance, 1974 (Ordinance 19 of 1974);"organ of state" means—(a)any department of state or administration in the national, provincial or local sphere of government; or(b)any other functionary or institution—(i)exercising a power or performing a function in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public function in terms of any legislation,but does not include a court or a judicial officer;"peace officer" means a person declared a peace officer under section 334(1) of the Criminal Procedure Act;"person" means a—(a)natural person; or(b)juristic person, including any—(i)body incorporated or unincorporated established in terms of any law;(ii)partnership or trust; or(iii)organ of state that has been established as a juristic person;"poison" includes any preparation or substance that can be used to catch, immobilise, sterilise, kill or physically harm any animal, plant or other organism;"Premier" means the Premier of the Province;"premises" means any land, site, property, building, structure or any part of any land, site, property, building or structure, and includes any container and any vehicle, train, railway carriage, vessel, aircraft or other conveyance;"prescribe" means prescribe by regulation;"protected area" means a protected area contemplated in section 9 of the Protected Areas Act;"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003);"protected environment" has the same meaning as in the Protected Areas Act;"protected species" means a species listed by the Provincial Minister in terms of section 49(2)(e);"Province" means the Province of the Western Cape and "provincial" has a corresponding meaning;"Provincial Minister" means the member of the Provincial Cabinet responsible for environmental affairs in the Province;"provincial protected area" means a provincial protected area as defined in the Protected Areas Act, which may include a nature reserve in the Province declared in terms of section 23(1) of the Protected Areas Act or a nature reserve in the Province regarded as having been declared in terms of section 23(5) of that Act;"Provincial Protected Areas Expansion Strategy" means the strategy contemplated in section 39(1)(a);"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act 1 of 1999);"regulation" means a regulation made under this Act;"resilience", in relation to an ecosystem or ecological infrastructure, means the ability of the ecosystem or ecological infrastructure to withstand disturbances thereto while retaining the same basic structure and functioning, the capacity for self-organisation and the capacity to adapt to stress or change;"restricted activity" means an activity which has been listed as a restricted activity under section 49(1) or (7);"restricted method" means a method which has been listed as a restricted method under section 49(1) or (7);"spatial development framework" means a spatial development framework as contemplated in the Spatial Planning and Land Use Management Act;"Spatial Planning and Land Use Management Act" means the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013);"species" means a kind of animal, plant or other organism that does not normally interbreed with individuals of another kind, and includes any subspecies, cultivar, variety, geographic race, strain, hybrid or geographically separate population;"specimen" 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;"subordinate legislation" means any—(a)regulation made; or(b)notice published in the Provincial Gazette,by the Provincial Minister in terms of this Act;"sustainable" means the use of or impact on biodiversity, ecosystems or ecosystem services in a way and at a rate that—(a)will not lead to its long-term decline and which can be sustained indefinitely without causing adverse effects thereon;(b)will not compromise or disrupt its ecological integrity; and(c)ensures its continued persistence to meet the needs and aspirations of present and future generations of people;"systematic biodiversity planning" means a planning method that identifies biodiversity priority areas, taking into account biodiversity patterns and the ecological and evolutionary processes that sustain them, based on quantitative biodiversity targets and thresholds for aquatic, terrestrial, coastal and marine biodiversity features in order to conserve a representative sample of biodiversity patterns and ecological processes;"this Act", except in section 4, includes subordinate legislation made or issued in terms of this Act;"UNESCO" means the United Nations Educational, Scientific and Cultural Organisation, and includes the International Coordinating Council of the Man and the Biosphere Programme;"vulnerable species" means an indigenous species that is listed by the IUCN as a vulnerable species, and includes a species listed by the Provincial Minister in terms of section 49(2)(d);"watercourse" means—(a)a river or spring;(b)a natural channel in which water flows regularly or intermittently;(c)a wetland, lake or dam into which, or from which, water flows; and(d)any collection of water declared in terms of the National Water Act, 1998, to be a watercourse,and a reference to a watercourse includes, where relevant, its bed and banks;"water resource" includes a watercourse, surface water, an estuary and an aquifer;"weapon" means anything whatsoever that can be used in such a way that a wild animal is killed, injured, captured or immobilised thereby;"well-being" means the ecological, behavioural, physical and physiological state of health of a wild animal;"Western Cape Constitution" means the Constitution of the Western Cape, 1997 (Act 1 of 1998);"Western Cape Nature Conservation Board Act" means the Western Cape Nature Conservation Board Act, 1998 (Act 15 of 1998);"wild animal" means an animal, excluding a domesticated species and a microorganism, whether or not the animal is alive or dead, tame, bred or kept in captivity, and includes the eggs, spawn, gametes, genetic material, or any part of such an animal.2. Objectives
The objectives of this Act are to—3. Application
This Act binds the state and all persons.4. Conflicts with other legislation
Chapter 2
Duties and principles
5. Duty of state
Every organ of state that is empowered or required by or in terms of any law to exercise a power or perform a duty that may have an adverse effect on the environment, must in exercising or performing that power or duty in respect of the Province—6. Principles of ecological sustainability
Every organ of state whose decisions or actions may affect biodiversity or the environment in the Province must apply the principles of ecological sustainability, which are to—Chapter 3
Administration
7. Functions of Provincial Minister
8. Duties of Head of Department
The Head of Department must, subject to section 7(1)(a) and (b)—Chapter 4
CapeNature
Part 1 – Establishment and functions of CapeNature
9. Establishment
The Western Cape Nature Conservation Board as established by the Western Cape Nature Conservation Board Act continues in existence as a juristic person and a provincial public entity responsible for the conservation of biodiversity in the Province, and is known as CapeNature.10. Duties of CapeNature
11. Powers of CapeNature
Part 2 – Governing Board of CapeNature
12. Functions of Board
13. Composition
14. Disqualification as Board member
A person may not be appointed to the Board if he or she—15. Appointment to Board
16. Chairperson of Board
17. Term of office of non-executive members of Board
18. Conditions of appointment and remuneration
19. Conduct of members
20. Termination of membership
A non-executive member ceases to be a Board member if—21. Removal and suspension
22. Filling of vacancies
Part 3 – Operating procedures of Board
23. Meetings
24. Procedures
25. Quorum and decisions
26. Committees
Part 4 – Administration of CapeNature
27. Chief Executive Officer
Part 5 – Financial matters
28. Financial accountability and reporting
The Board must ensure that strategic and annual performance plans, budgets, annual reports and audited financial statements are prepared, approved and submitted in accordance with the Public Finance Management Act.29. Funds
30. Reserve funds
31. Investments
The Board may invest any of the funds of CapeNature that are not immediately required, subject to any investment policy prescribed in terms of section 7(4) of the Public Finance Management Act and with the concurrence of the Provincial Minister responsible for finance.Part 6 – Dissolution of Board or CapeNature
32. Dissolution of Board
33. Dissolution of CapeNature
Chapter 5
Biodiversity planning and monitoring
34. Biodiversity Spatial Plan
35. Purpose of Biodiversity Spatial Plan
The purpose of a Biodiversity Spatial Plan is to—36. Contents of Biodiversity Spatial Plan
A Biodiversity Spatial Plan must—37. Use and application of Biodiversity Spatial Plan
38. Review of Biodiversity Spatial Plan
Chapter 6
Protected areas, mountain catchment areas, biodiversity stewardship and biosphere reserves
Part 1 – Expansion of protected areas
39. Provincial Protected Areas Expansion Strategy
Part 2 – Mountain catchment areas
40. Declaration of mountain catchment areas
41. Management of mountain catchment areas
The Provincial Minister may prescribe—Part 3 – Biodiversity stewardship
42. Biodiversity stewardship
Part 4 – Biosphere reserves
43. Application for UNESCO designation as biosphere reserve
44. Management of biosphere reserves
45. Biosphere Reserve Framework Plan
46. Funding of biosphere reserves
Chapter 7
Protection of ecosystems, ecological infrastructure and species
47. Ecosystems or ecological infrastructure in need of special protection
48. Biodiversity offsets and other mitigation measures
The Provincial Minister may prescribe requirements and publish guidelines for biodiversity offsets or other mitigation measures in the Province in order to attain the biodiversity targets set in the Biodiversity Spatial Plan and remedy residual adverse effects on biodiversity as a result of development.49. Species in need of protection or posing threat to environment
Chapter 8
Authorisation
50. Application for authorisation
An application for an authorisation that is required in terms of any provision of this Act must be made in writing to the Chief Executive Officer in the prescribed manner.51. Decision on application for authorisation
52. Risk assessments and expert evidence
Before making a decision on an application for authorisation, the Chief Executive Officer may require the applicant to furnish, at the applicant’s expense, the independent risk assessment or expert evidence that—53. Proof of legal possession
No person may be in possession of a specimen unless also in possession of the prescribed documentation indicating proof of legal possession for the specimen.54. Integrated authorisation
55. Review, suspension, withdrawal and amendment of authorisation
Chapter 9
Compliance and enforcement
Part 1 – Compliance and enforcement officials and judicial matters
56. Designation of nature conservation officers, nature conservation rangers and honorary nature conservation officers
The Chief Executive Officer—57. Declaration of nature conservation officers and nature conservation rangers as peace officers
The Chief Executive Officer may request the National Minister responsible for justice to declare nature conservation officers and nature conservation rangers to be peace officers in terms of section 334 of the Criminal Procedure Act for the performance of their functions in terms of this Act and in respect of powers delegated or duties assigned to CapeNature under any other legislation.58. Mandate of nature conservation officers and nature conservation rangers
A nature conservation officer or nature conservation ranger is mandated to enforce, within his or her area of jurisdiction, compliance with—59. Honorary nature conservation officers
60. Functions of nature conservation officers and nature conservation rangers
A nature conservation officer or nature conservation ranger, subject to section 58—61. Identity card and letter of designation
62. General powers of nature conservation officers and nature conservation rangers
A nature conservation officer or nature conservation ranger, subject to sections 58, 60, 63, 64 and 65 and the terms of their designation under section 56, for the purpose of performing their functions, may—63. Routine inspections
64. Warrants
65. Powers to stop, enter and search vehicles, vessels, aircraft and other conveyance
66. Duty to produce documents
A person to whom an authorisation or any other document has been issued in terms of this Act, or who is required to be in possession of such an authorisation or document, must produce that authorisation or document at the request of a nature conservation officer, nature conservation ranger or honorary nature conservation officer.67. Treatment of seized specimen or item
68. Security for release of vehicles, vessels, aircraft or other conveyance
Part 2 – Administrative enforcement mechanisms and penalties
69. Administrative enforcement
70. Failure to comply with directive
If a person fails to comply with a directive contemplated in section 69, the Provincial Minister may—71. Administrative penalties
Chapter 10
Offences and penalties
72. Offences
73. Penalties
74. Cancellation of authorisations
The court convicting a person of an offence in terms of this Act may—75. Award of costs
If a person is convicted of an offence in terms of this Act and the act or omission constituting the offence—76. Forfeiture
Chapter 11
Appeals
77. Appeal against decisions by CapeNature officials
78. Appeal to Provincial Minister
Chapter 12
General and transitional provisions
79. Exemption
80. Delegation
81. Regulations
The Provincial Minister—82. Public notices
The Provincial Minister may publish a notice in the Provincial Gazette—83. Performance standards
The Provincial Minister may set performance standards for the performance of any function or requirement contemplated in this Act.84. Consultation
85. Notices, legal documents and steps valid under certain circumstances
86. Limitation of liability
The Provincial Minister, the Head of Department, the Board, the Chief Executive Officer, CapeNature or any person delegated in terms of this Act is not liable for any damage or loss caused by a person who, acting in a reasonable manner and in good faith—87. Repeal of laws
The laws contemplated in the Schedule are repealed to the extent indicated in the third column of the Schedule.88. Transitional provisions
89. Short title and commencement
This Act is called the Western Cape Biodiversity Act, 2021, and comes into operation on a date determined by the Premier by proclamation in the Provincial Gazette.History of this document
15 November 2022
Commenced by
Western Cape Biodiversity Act, 2021: Commencement
14 December 2021 this version
09 December 2021
Assented to
Cited documents 15
Act 15
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | Criminal Procedure Act, 1977 | 3793 citations |
3. | Public Finance Management Act, 1999 | 2235 citations |
4. | National Environmental Management Act, 1998 | 2192 citations |
5. | Banks Act, 1990 | 870 citations |
6. | National Water Act, 1998 | 867 citations |
7. | National Environmental Management: Protected Areas Act, 2003 | 652 citations |
8. | Constitution of the Republic of South Africa, 1996 | 601 citations |
9. | National Environmental Management: Waste Act, 2008 | 439 citations |
10. | National Environmental Management: Air Quality Act, 2004 | 358 citations |