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GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10,2004
NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODIVERSITY ACT. 2004
Bioregions and bioregional plans
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40. (1) The Minister or the MEC for environmental
affairs in a province may, by
notice in the Gazette( a ) determine a geographic region as a bioregion for the purposes of this Act if
that region contains whole or several nested ecosystems and is characterised 5
by its landforms, vegetation cover, human culture and history; and
('b) publish a plan for the management of biodiversity and the components of
biodiversity in such region.
(2) The Minister may deteyine a regionas a bioregion and publishbioregional
a
plan
for that region either'
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( a ) on own initiative but after consulting the MEC for Environmental Affairs in
the relevant province; or
(b) at the request of a province or municipality.
(3) The MEC for environmental affairs may determine a region as a bioregion and
publish a bioregional plan for that region only with the concurrence of the Minister.
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(4) Any person or organ of state may, on the request of the Minister or MEC for
Environmental,Affairs, assist in the preparation of a bioregional plan.
(5) The Minister( a ) may enterinto an agreement with aneighbouringcountryto
secure the
effective implementation of the plan; and
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( b ) must submit to Parliament a copy of any agreement entered into in terms of
paragraph (a).
Contents of bioregional plans
41. A bioregional plan must( a ) containmeasures for the effective management of biodiversity and the 25
components of biodiversity in the region;
( b ) provide for monitoring of the plan: and
(c) be consistent with(i) this Act;
(ii) the national
environmental
management principles;
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(iii) the national biodiversity framework; and
(iv) any relevant international agreements binding on the Republic.
Review and amendment of bioregional plans
42. (1) The Minister or the MEC for Environmental Affairs in the relevant province,
as may be appropriate, must review a bioregional plan published in terms of section 35
40(l)(b) at least every five years, and assess compliance with the planand the extent to
which its objectives are being met.
(2) The Minister or MEC for Environmental Affairs may, when necessary, by notice
in the Gazette, amend a bioregional plan or the boundaries of the bioregion.
(3) The MEC forEnvironmental Affairs may amendabioregional
plan or the 40
boundaries of the bioregion only with the concurrence of the Minister.
Biodiversity management plans
43. (1) Any person. organisation or organ of state desiring to contribute biodiversity
to
management may submit to the Minister for
his or her approval a draft management
plan
for45
(a) an ecosystem(i) listed in terms of section 52; or
(ii) which is not listed in terms of section 52 but which does warrant special
conservation attention;
(b) an indigenous species50
(i) listed in terms of section 56; or