44
GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10,2004
NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODIVERSITY ACT, 2004
(ii) which is not listed in terms of section 56 but which does warrant special
conservation attention; or
( c ) a migratory species to give effect to the Republic’s obligations in terms of an
international. agreement binding on the Republic.
(2) Beforeapprovingadraftbiodiversitymanagementplan,theMinistermust
5
identifya suitable person,organisation or organ of statewhich is willing to be
responsible for the implementation of the plan.
(3) The Minister must(a) publish by notice in the Gazette a biodiversity management plan approved in
10
terms of subsection (1);
( b ) determine the manier of implementation of the plan; and
(c) assignresponsibilityfortheimplementation
of theplan to theperson,
organisation or organ of state identified in terms of subsection (2).
Biodiversity management agreements
44. TheMinistermayenterintoabiodiversitymanagementagreementwith
the 15
person, organisation or organ of state identified in terms of section 43(2), or any other
suitableperson,organisationororgan
of state, regardingtheimplementation
of a
biodiversity management plan, or any aspect of it.
Contents of biodiversity management plans
45. Aplan
management
biodiversity
must(a) be aimed at ensuringthelong-termsurvivalinnature
of thespecies or
ecosystem to which the plan relates;
( b j provide for the responsible person, organisation or organ of state to monitor
and report on progress with implementation of the plan; and
(c) be consistent with(i) this Act;
(ii) the national environmental management principles;
(iii) the national biodiversity framework;
(iv) any applicable bioregional plan;
(v) any plans issued in terms of Chapter 3 of the National Environmental
Management Act;
(vi) any municipal integrated development plan;
(vii) any other plans prepared
in terms of national or provincial legislation that
is affected; and
(viii) any relevant
international
agreements
binding
on
the
Republic.
20
25
30
35
Review and amendment of biodiversity management plans
46. (1) The Minister must review a biodiversity management plan published
in terms
of section 43(3) at least every five years, and assess compliance with the plan and the
extent to which its objectives are being met.
(2) The Minister,eitheronowninitiativeor
on requestby an interestedperson, 40
organisation or organ of state, may by notice in theGazetteamendabiodiversity
management plan published in terms of section 43(3).
(3) Before amending a biodiversity management plan, the Minister must consult(a) any person, organisation or organ of state implementing the plan; and
jhj any organ of state whose activities are affected by the implementation of the 45
plan.
Consultation
47. (1) Before adoptingor approving a national biodiversity framework, a bioregional
plan or a biodiversity management plan, or any amendment to such a plan, the Minister
must
follow
consultative
a
process
in accordance
with
sections
99 and 100.50