BIODIVERSITY ACT TO BE REPEALED
PUBLIC COMMENT INVITED ON NEW DRAFT BIODIVERSITY BILL
24 May 2024 - Environment Minister has published the draft National Environmental Management: Biodiversity Bill, for public comment.
Once enacted, the Biodiversity Bill will repeal the current National Environmental Management: Biodiversity Act (NEMA).
While the new draft bill steers clear from drastically changing the existing Biodiversity Act, notable changes include the following:
BIOPROSPECTING
PRIOR INFORMED CONSENT
Before applying for a discovery-phase bioprospecting permit or a commercial bioprospecting permit, an applicant must first apply to the Minister for written approval of—
(a) the prior informed consultation and consent process, and
(b) the contents of an access agreement
BIOTRADE AGREEMENT
The Bill makes provision for biotrade agreements which must be concluded with the Minister to enable a person to engage in biotrade. 1
END OF THE ROAD FOR THE BIOPROSPECTING TRUST FUND
The Bill does away with the Bioprospecting Trust Fund.
In its place, all funds arising from access agreements, benefit-sharing agreements and biotrade agreements, must be paid into a suspense bank account administered by the Department and set up specifically for the administration of those funds
EMERGENCY INTERVENTION
The Bill makes provision for the Minister to declare an Emergency Intervention for:
the control or eradication of an alien species or a listed invasive species,
the protection or management of a listed species or listed ecosystem or any other species or ecosystem, or
any indigenous biological resource
BIODIVERSITY OFFICERS
The Bill allows for the Minister or an MEC to appoint any member of the public who they deem fit as a biodiversity officer and prescribe the responsibilities and duties of biodiversity officers.
OTHER CHANGES
The Bill also makes provision for the recognition by the Minister of any industrial body, association or organisation which is representative of any part of the biodiversity sector.
The Minister may also establish fora to co-ordinate and assist with the management of any aspect of biodiversity.
PUBLIC COMMENT
The public is invited to submit written representations on the Biodiversity Bill within 60 (sixty) days from the date of publication of this notice.
All representations and comments may be sent to biodiversitybill@dffe.gov.za.
Due date for comment is 22 July 2024.
The Draft Bill may be downloaded HERE.
"biotrade" means the trade in an indigenous biological resource or indigenous knowledge by any person who lawfully obtains permission to use an indigenous biological resource or indigenous knowledge from the holder of a commercial bioprospecting permit.