NATIONAL BIODIVERSITY LEGISLATION

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NATIONAL BIODIVERSITY LEGISLATION MAGDEL
BOSHOFF Dept. of Environmental Affairs and
Tourism (DEAT) Agricultural Economics
Association of South Africa 26 September 2007

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LEGISLATION DEVELOPED BY DEAT

• Acts, regulations and tools
• NEMA (National Environmental Management Act)
• Protected Areas Act
• Nat. Environmental Management Biodiversity Act
  (NEMBA)
• Regulations
• Threatened or Protected Species (TOPS)
  regulations
• Alien and Invasive Species Regulations
• Access and Benefit Sharing regulations
• Legislative tools
• National Biodiversity Framework
• Biodiversity Management Plans
• Norms Standards
• Bioregional Plans
• Listing of species

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TOPS Regulations

• Applicable to TOPS only
• Does not repeal provincial legislation
• Regulate restricted or prohibited activities,
  particularly hunting
• Regulate registration of different facilities
• Protection of wild populations
• Provide for establishment of a Scientific
  Authority

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Practical Implications of TOPS

• Issuing Authorities DEAT and provinces
  (delegation)
• Risk assessments for wild populations of
  critically endangered species
• Registrations of facilities compulsory, except
  for game farms
• Types of permits (possession, ordinary, standing,
  integrated)
• Current exemption permits vs. standing permits
• Prohibited activities involving listed large
  predators rhino
• Prohibited methods of hunting
• Damage causing animals
• Cycads
• Time frames for permits
• Appeals process

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Other Tools

• Alien Invasive Species regulations
• About natural distribution of species
• Distributions maps
• National Biodiversity framework
• Co-ordinate and integrate biodiversity
  management
• Includes organs of State in all 3 spheres of
  Govt, NGOs,
• public, private sector, local communities.
• Biodiversity Management Plans (BMP)
• Applicable to ecosystems or species
• Cycad trade must be in line with BMP
• Bioregional Plans
• About management of biodiversity in collection
  of ecosystems

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Other Tools (cont.)

• Norms and Standards
• Focus on activities
• Regulation of Hunting in South Africa
• Include local -, trophy -, bow hunting and wing
• shooting
• Can deal with criteria, ex. fencing
  requirements, to
• register as Professional Hunter,
  determination of open
• season, criteria for bow hunting equipment
• Management of elephant populations
• Measures to control elephant population size, ex
  birth
• control, translocation, culling
• Keeping in captivity and elephant back safaris

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CONCLUSION

• Need to develop national legislation, due to
  provincial legislation being
• Fragmented leads to province hopping
• Outdated (Hoodia and Access and Benefit sharing)
• Inadequate protection (import of exotic species)
• Uniform application of international agreements
  (CITES)
• Ideal 1 set of legislation to manage and
  protect biodiversity.

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CONTACTING DETAILS

• Magdel Boshoff
• (w) 012 310 3534
• 083 952 2334
• E-mail mboshoff_at_deat.gov.za