Transcript Biodiversity Bill - Amazon Web Services

National Environmental
Management: Biodiversity Bill
2003
DEPARTMENT OF ENVIRONMENTAL AFFAIRS
AND TOURISM
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
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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
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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 frameworkNational 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 biosafety:
- 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
THANK YOU
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