NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 ACT NO' 10 OF 2004 MRS WADZANAYI MANDIVENY

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NATIONAL ENVIRONMENTAL MANAGEMENT
BIODIVERSITY ACT, 2004 (ACT NO. 10 OF 2004)MRS
WADZANAYI MANDIVENYIIKS Workshop Exhibition
7 August 2008
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PRESENTATION OUTLINE

• 1.Objectives of the Act
• 2. Main areas covered by the Act
• 3. What the Act says about Indigenous
• Knowledge Systems
• 4. Implementation Updates

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OBJECTIVES

• Provide within the NEMA framework for
• Management and conservation of biological
  diversity within SA
• Use of indigenous biological resources in a
  sustainable manner
• Fair and equitable sharing of benefits arising
  from the use and application of genetic resources
  and associated TK.

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OBJECTIVES (CONTED)

• Give effect to relevant international agreements
  which are binding on the Republic (e.g CBD)
• Provide for cooperative governance in
  biodiversity management and conservation and
• Establish the South African National Biodiversity
  Institute.

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MAIN AREAS

• Procedures for the establishment of SANBI and its
  functions
• Biodiversity Planning Monitoring
• Threatened or Protected Ecosystems Species
• Species Organisms Posing Potential Threats To
  Biodiversity
• Bio-prospecting, Access and Benefit Sharing

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THE ACT AND IKS

• Section 80 provides a framework for
• the regulation of bio-prospecting involving IBR
• the regulation of export from the Republic of IBR
  for purposes of bio-prospecting or any other kind
  of research and
• fair and equitable sharing by stakeholders in
  benefits arising from bio-prospecting involving
  IBR

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THE ACT AND IKS

• Section 81 provides that
• No person may engage in bio-prospecting
  involving IBR without a permit issued by a
  relevant issuing authority
• No person may export from the Republic the IBR
  for purposes of bio-prospecting or any other kind
  of research without a permit issued by a relevant
  issuing authority.

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THE ACT AND IKS

• Section 82 calls for the protection of certain
• interest of stakeholders before a permit is
• issued
• A person, including organ of states, or community
  providing or giving access to the IBR to which
  the application relates
• An indigenous community whose traditional of the
  IBR to which the application relates have
  initiated or will contribute to or form part of
  the proposed bio-prospecting or

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THE ACT AND IKS

• Section 82 calls for the protection of certain
• interest of stakeholders before a permit is
• issued
• An indigenous community whose knowledge of or
  discoveries the IBR to which the application
  relates are to be used for the proposed
  bio-prospecting.

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THE ACT AND IKS

• Section 82 requires the applicant to
• Disclose all material information relevant to the
  proposed bio-prospecting to the stakeholder
• On the basis of that disclosure obtain a prior
  consent of the stakeholder for access to IBR
• Enter MTA that regulate access to IBR
• Enter BSA that provides for the sharing in any
  future benefits that may be derived from the
  proposed bio-prospecting
• Minister must approve the MTA BSA.

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THE ACT AND IKS

• Section 82 requires the applicant to
• Disclose all material information relevant to the
  proposed bio-prospecting to the stakeholder
• On the basis of that disclosure obtain a prior
  consent of the stakeholder to use any of the
  stakeholders knowledge of or discoveries about
  the IBR for the proposed bio-prospecting
• Enter BSA that provides for the sharing in any
  future benefits that may be derived from the
  proposed bio-prospecting
• Minister must approve the BSA.

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THE ACT AND IKS

• Section 85 calls for the establishment of the
  Bio-
• prospecting Trust Fund
• All moneys arising from BSA MTA and due to
  stakeholders must be paid into the BTF and then
  payment will be made to the relevant stakeholders
  by the Director-General.

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IMPLEMENTATION UPDATES

• SANBI Established
• NBF- costing for implementation
• Bioregional Guidelines- process of publishing
  for implementation
• Biodiversity Management Plans for Species-process
  of publishing for implementation
• Terrestrial Ecosystems Listing- process of
  publishing for implementation
• TOPS and BABS regulations- published for
  implementation
• National N S for the management of Elephant-
  published for implementation
• ERA Framework completed
• AIS regulations- still under development

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THANK YOU