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National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Chapter 5 : Species and Organisms Posing Potential Threats to Biodiversity

Part 2 : Invasive species

71. Restricted activities involving listed invasive species

 

(1) A person may not carry out a restricted activity involving a specimen of a listed invasive species without a permit issued in terms of Chapter 7.

 

(2) A permit referred to in subsection (1) may be issued only after a prescribed assessment of risks and potential impacts on biodiversity is carried out.

 

(3) The Minister may, by notice in the Gazette and subject to such conditions as the Minister may specify in the notice, exempt a person from a restriction contemplated in subsection (1) or (2).

[Section 71(3) inserted by section 15 of Act No. 15 of 2013]

 

(4) A notice in terms of subsection (3) may—
(a) apply generally—
(i) throughout the Republic or a province, as the case may be, or only in a specified area or a specified category of areas;
(ii) to all persons or only to a specified category of persons;
(iii) to all species or only to a specified species or a specified category of species; or
(b) differentiate between—
(i) areas or categories of areas;
(ii) persons or categories of persons; or
(iii) species or categories of species.

[Section 71(4) inserted by section 15 of Act No. 15 of 2013]

 

[Section 71 commenced 1 April 2005 (Proclamation No. R. 47, Gazette No. 26887)]