National Environmental Management: Biodiversity Bill 2003

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National Environmental Management Biodiversity
Bill2003
DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM
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CONTEXT

• No overarching framework for the management of
  biodiversity and its sustainable use as well as
  for equitable sharing of benefits derived from
  use of biological resources.
• International trade in protected and endangered
  species occurring without a proper national
  framework.
• Effecting International obligations into national
  legislation (eg. CBD and CITES).

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Development of the bills

• Environment Conservation Act (1989)
• National Environmental Management Act
• NEMA amendments (chapter on biodiversity)
• Biodiversity Bill (as part of a suite of
  legislation under NEMA, incorporating the
  National Parks Act and sections of ECA)
• Protected areas bill

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Policy approach

• Implementation of the White Paper on the
  Conservation and Sustainable use of South
  Africas Biological Diversity which enables SA to
  meet its obligations in terms of the Convention
  on Biological Diversity which strives for the
• Conservation of biological resources
• Sustainable use of these resources
• Equitable sharing of benefits from the use of
  genetic resources

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Policy approach

• Nature conservation is a concurrent competency
• Cooperative governance (spheres of governance).
• Building upon existing biological resources
  management capacity
• - Institutional capacity (NBI)
• - Legislative environment (National Forest Act,
  CARA)
• -Part of a suite of legislation under the
  National Environmental Management Act (NEMA)

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Objectives of the Biodiversity

• To
• provide within the NEMA framework for
• management and conservation of biological
  diversity within the Republic
• use of indigenous biological resources in a
  sustainable manner
• fair and equitable sharing of benefits arising
  from the use and application of indigenous
  genetic resources
• provide for co-operative governance of
  biodiversity management
• establish the South African National Biodiversity
  Institute and
• give effect to relevant international agreements
  which are binding on the Republic.

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Contents

• Institutional arrangement
• Biodiversity planning and monitoring
• Protection of species and ecosystems
• Regulation of trade with protected species
• Management of alien and invasive species
• Bioprospecting and benefit-sharing
• Compliance and enforcement

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Chapter 1 Interpretation, objectives and
application of Act

• Definitions of specific terminology
• Objectives of the bill
• Allows for setting of norms and standards
• Sets framework for application in relation to
  NEMA, other legislation and relevant multilateral
  environmental agreements

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Chapter 2 South African National Biodiversity
Institute

• Establishment of the South African National
  Biodiversity Institute (SANBI)
• Criteria for selection and appointment of
  governing board
• Functions and powers of governing board and SANBI
• Provisions on general administration, including
  finances

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Chapter 3 Biodiversity planning and monitoring

• Framework and provisions for spatial and other
  planning instruments
• Provides for development, monitoring and review
  of national biodiversity framework- National
  Biodiversity Strategy and Action Plan ( NBSAP)
• Provides for monitoring of biodiversity status
  and trends
• Recognises and legitimises bioregional approach
  to conservation.

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Chapter 4 Threatened or protected species

• Provides for protection of threatened or
  protected species and ecosystems
• Provides for listing of species and ecosystems
  based on conservation status and regulation of
  activities involving such
• Establishes scientific authority
• Gives effect to South Africas obligations in
  terms of international agreements (For example
  CITES).

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Chapter 5 Alien and invasive species

• Makes provision for management of alien and
  invasive species
• Listing of alien and invasive species posing
  potential threat to biodiversity
• Establishes principle of risk assessment and duty
  of care
• Establishes obligations for control and
  eradication and regular reporting

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Chapter 6 Bioprospecting, access and
benefit-sharing

• Allows for listing of indigenous biological
  resources and regulation of bioprospecting of
  indigenous biological resources
• Require agreements for transfer of material ,
  benefit sharing, and permits for bioprospecting
  activities including export of indigenous
  biological resources

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Chapter 7 Permits

• Provides for permitting system for regulation of
  activities relating to components of biodiversity
  
• Regulating activities involving species listed as
  threatened, protected, alien or invasive
• Permitting system to be fully integrated with
  other permitting systems

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Chapters 8-10 Administrative Arrangements

• Administrative arrangements for implementation of
  the Act
• Provision for Regulations and Consultation
• Criteria for offences and penalties
• Interim provisions
• Appeals procedure

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Process followed

• Meetings with a number of departments, management
  agencies, interested and affected parties (draft
  1- 9).
• Open for public comments from 23 January to 26
  February 2003
• Workshops were held with relevant national
  departments, provinces and civil society and
  agencies including science Councils
• Presentation to SALGA
• About 100 written comments received and
  processed.

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Key issues addressed

• Terminology/ definitions
• - where applicable, these were changed to be
  more precise.
• Bill more specific to species as opposed to
  ecosystem approach to conservation
• - Ecosystem approach has been added to chapters
  3 and 4, allowing declaration and listing of
  ecosystems in need of protection.

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• The bill does not recognise concurrency issues.
• - Inclusion of powers for MECs to identify and
  list ecosystems and species needing protection.
• Chapter 6 does not go far enough in protecting
  communities
• - Provision for material transfer and benefit
  sharing agreements have been included.
• --prospecting) and removal of indigenous
  knowledge protection.

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• Protection of indigenous biological resources
  through listing of such.

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Key Issues not addressed

• The bill should include a chapter on bio-safety
• - Legislation on GMOs already exists in a form of
  GMO Act administered by NDA.
• The chapter on alien and invasive species too
  restrictive.
• - Exemption of all alien and invasive species
  which are used for agricultural purposes before
  the legislation takes effect will defeat the
  control of invasive species already established.

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End

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