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GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26136
Act No. 10,2004
NATIONAL
ENVIRONMENTAL
MANAGEMENT:
BIODIVERSITY ACT, 2004
(b) may set norms and standards for the exercise and performance by the Institute
of its powers and duties;
(c) mayissuedirectives
to theInstitute
on policy, planning,strategyand
procedural issues to ensure its effective and efficient functioning;
(d) mustdeterminelimits on feeschargedbytheInstituteintheexerciseand
5
performance of its powers and duties; and
( e ) may identifylandfornewbotanicalgardens
and extensionstoexisting
botanical gardens.
(2) The Institute must exerciseits powers and performits duties subject toany norms
andstandards,directivesanddeterminationsissuedbytheMinisterinterms
of 10
subsection (1).
Absence of functional Board
Board
the
36. In the event of absence of a functional Board, the powers and duties
of the Board
revert to the Minister who,in such a case, must exercise those powers
and perform those
until duties
again.
is functional
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CHAPTER 3
BIODIVERSITY PLANNING AND MONITORING
Purpose of Chapter
37. The purpose of this Chapter is to( a ) provide
integrated
for
and co-ordinated
biodiversity
planning;
20
( b ) provideformonitoringtheconservationstatus
of variouscomponents of
South Africa's biodiversity; and
(c) promotebiodiversityresearch.
Part 1
planning
Biodiversity
25
National biodiversity framework
38. (1) The Minister( a ) must prepare and adopt a national biodiversity framework within three years
of the date on which this Act takes effect;
( bimplementation
monitor
) must
framework;
of the
30
( e ) must review the framework at least every five years; and
(d) may, when necessary, amend the framework.
(2) The Minister must, by notice in the Gazette, publish the national biodiversity
framework and each amendment of the framework.
Contents of national biodiversity framework
the
35
39. (1) The national biodiversity framework must( a ) provide for an integrated, co-ordinated and uniform approach to biodiversity
managementbyorgans
of state in allspheres
of government,nongovernmentalorganisations,theprivate
sector, localcommunities,other
and
stakeholders
40
( b ) beconsistent with(i) thisAct;
(ii) the national environmental management principles; and
(iii) any relevant international agreements binding on the Republic;
I C ) identifypriorityareasforconservationactionandtheestablishment
of 45
protected areas; and
(dl reflect regional co-operation on issues concerning biodiversity management
in Southern Africa.
(2) The national biodiversity framework may determine norms and standards for
provincial and municipal
environmental
conservation
plans.
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