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

Chapter 10 : Miscellaneous

105B. Amnesty

 

(1) In this section, "amnesty" means indemnity against prosecution for the—
(a) carrying out of a restricted activity involving specimens of listed threatened or protected species in terms of section 57(1), alien species in terms of section 65(1) or listed invasive species in terms of section 71(1); or
(b) engagement in the commercialisation phase of bioprospecting, without a permit issued in terms of Chapter 7.

 

(2) The Minister may, by notice in the Gazette and subject to such conditions as the Minister may determine in the notice, declare a period of amnesty to facilitate compliance with the provisions of the Act.

 

(3) A notice contemplated in subsection (2) must specify—
(a) the person or category of persons to whom the amnesty applies;
(b) the species to which the amnesty applies;
(c) the restricted activity to which the amnesty applies;
(d) the period during which a person must apply for a permit; and
(e) the period for which the amnesty applies.

 

[Section 105B inserted by section 34 of Act No. 14 of 2013]