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

Chapter 4 : Threatened or Protected Ecosystems and Species

Part 3 : Trade in listed threatened or protected species

61. Functions of scientific authority

 

(1)        The scientific authority must—

(a) monitor in the Republic the legal and illegal trade in specimens of listed threatened or protected species;
(b) advise the Minister and any other interested organs of state on the matters that it monitors;
(c) make recommendations to an issuing authority on applications for permits referred to in section 57(1) or (2);
(d) make non-detriment findings on the impact of actions relating to the international trade in specimens of listed threatened or protected species and species to which an international agreement regulating international trade applies, and must submit those findings to the Minister;

[Section 61(1)(d) substituted by section 9 of Act No. 14 of 2013]

(e) advise the Minister on—
(i) the registration of ranching operations, nurseries, captive breeding operations and other facilities;
(ii) whether an operation or facility meets the criteria for producing species considered to be bred in captivity or artificially propagated;
(iii) the choice of a rescue centre or other facility for the disposal of forfeited specimens;
(iv) any amendments to a notice published in terms of section 56(1) or 57(2);
(v) the nomenclature of species; or
(vi) any other matter of a specialised nature;
(f) assist the Minister or an environmental management inspector in the identification of specimens for the purpose of enforcing the provisions of this Act;
(g) issue certificates in which the identification of a specimen is verified as being taxonomically accurate;
(h) perform any other function that may be—
(i) prescribed; or
(ii) delegated to it by the Minister in terms of section 47D of the National Environmental Management Act; and
(i) deal with any other matter necessary for, or reasonably incidental to, its powers and duties.

 

(2) In performing its duties, the scientific authority must—
(a) base its findings, recommendations and advice on a scientific and professional review of available information; and
(b) consult, when necessary, organs of state, the private sector, non-governmental organisations, local communities and other stakeholders before making any findings or recommendations or giving any advice.

 

 


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