National Environmental Management: Biodiversity Bill

2003

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 Africa’s 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 Africa’s 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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