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South Africa

National Environmental Management: Biodiversity Act 10 of 2004

Original Text

CHAPTER 4
THREATENED OR PROTECTED ECOSYSTEMS AND SPECIES

...

Part 1
Protection of threatened or protected ecosystem

52. Ecosystems that are threatened or in need of protection

(1) (a) The Minister may, by notice in the Gazette, publish a national list of ecosystems that are threatened and in need of protection.
(b) An MEC for environmental affairs in a province may, by notice in the Gazette, publish a provincial list of ecosystems in the province that are threatened and in need of protection.

(2) The following categories of ecosystems may be listed in terms of subsection (1);
(a) critically endangered ecosystems, being ecosystems that have undergone severe degradation of ecological structure, function or composition as a result of human intervention and are subject to an extremely high risk irreversible transformation;
(b) endangered ecosystems, being ecosystems that have undergone degradation of ecological structure, function or composition as a result of human intervention, although they are not critically endangered ecosystems;
(c) vulnerable ecosystems, being ecosystems that have a high risk of undergoing significant degradation of degradation of ecological structure, function or composition as a result of human intervention, although they are not critically endangered ecosystems or endangered ecosystems; and
(d) protected ecosystems, being ecosystems that are of high conservation value or of high national or provincial importance, although they are not listed in terms of paragraphs (a), (b) or (c).

(3) A list referred to in subsection (1) must describe in sufficient detail the location of each ecosystem on the list.

(4) The Minister and the MEC for environmental affairs in a relevant province, respectively, must at least every five years review any national or provincial list published by the Minister or MEC in terms of subsection (1).

(5) An MEC may publish or amend a provincial list only with the concurrence of the Minister.

53. Threatening processes in listed ecosystems
(1) The Minister may, be notice in the Gazette, identify any process or activity in a listed ecosystem as a threatening process.

(2) A threatening process identified in terms of subsection (1) must be regarded as a specified activity contemplated in section 24(2)(b) of the National Environmental Management Act and a listed ecosystem must be regarded as an area identified for the purpose of that section.

54. Certain plans to take into account protection of listed ecosystems
An organ of state that must prepare an environmental implementation or environmental management plan in terms of Chapter 3 of the National Environmental Management Act, and a municipality that must adopt an integrated development plan in terms of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), must take into account the need for the protection of listed ecosystems.

55. Amendment of notices
The Minister or the MEC for Environmental Affairs in any relevant province may, by notice in the Gazette, amend or repeal any notice published by him or her in terms of section 52(1) or 53(1).

 
 
 

Comment

This entry was made possible thanks to the Department of Environmental Affairs, Republic of South Africa [ www.environment.gov.za ].

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