Objectives of the Biodiversity Bill To: provide within the NEMA framework for: management and conservation of biological diversity within the Republic; use of indigenous biological resources in a sustainable manner; fair and equitable sharing of benefits arising from the use and application of indigenous genetic resources; provide for co-operative governance of biodiversity management; establish the South African National Biodiversity Institute and give effect to relevant international agreements which are binding on the Republic.

Chapter 1: Interpretation, objectives and application of Act Definitions of specific terminology Objectives of the bill Allows for setting of norms and standards Sets framework for application in relation to NEMA, other legislation and relevant multilateral environmental agreements

Chapter 2: South African National Biodiversity Institute Establishment of the South African National Biodiversity Institute (SANBI) Criteria for selection and appointment of governing board Functions and powers of governing board and SANBI Provisions on general administration, including finances

Chapter 3: Biodiversity planning and monitoring Framework and provisions for spatial and other planning instruments Provides for development, monitoring and review of national biodiversity framework- National Biodiversity Strategy and Action Plan ( NBSAP) Provides for monitoring of biodiversity status and trends Recognises and legitimises bioregional approach to conservation.

Chapter 4: Threatened or protected species Provides for protection of threatened or protected species and ecosystems Provides for listing of species and ecosystems based on conservation status and regulation of activities involving such Establishes scientific authority Gives effect to South Africa’s obligations in terms of international agreements (For example CITES).

Chapter 5: Alien and invasive species Makes provision for management of alien and invasive species Listing of alien and invasive species posing potential threat to biodiversity Establishes principle of risk assessment and duty of care Establishes obligations for control and eradication and regular reporting

Chapter 6: Bioprospecting, access and benefit-sharing Provides for regulation of bioprospecting of indigenous biological resources. Require agreements for transfer of material , benefit sharing, and bioprospecting activities. Provides for regulation of export of listed indigenous biological resources for bioprospecting and research purposes

Chapter 7: Permits Provides for permitting system for regulation of activities relating to components of biodiversity Regulating activities involving species listed as threatened, protected, alien or invasive Permitting system to be fully integrated with other permitting systems

Chapters 8-10: Administrative Arrangements Administrative arrangements for implementation of the Act Provision for Regulations and Consultation Criteria for offences and penalties Interim provisions Appeals procedure

Key issues addressed Terminology/ definitions (where applicable, these were changed to be more precise Bill more specific to species as opposed to ecosystem approach to conservation: - Ecosystem approach has been added to chapters 3 and 4, allowing declaration and listing of ecosystems in need of protection.

Key issues addressed cont. The bill does not recognise concurrent competence of conservation. - A provision has been included in chapter 3 enabling MECs to identify and list ecosystems and species needing protection.

Key issues addressed cont Chapter 6 does not go far enough in protecting communities: Provision for material transfer and benefit sharing agreements have been included. Protection of indigenous biological resources through listing of such.

Key Issues not addressed The bill should include a chapter on bio-safety: Legislation on GMOs already exists in a form of GMO Act administered by NDA. The chapter on alien and invasive species too restrictive: Exemption of all alien and invasive species used for agricultural purposes before the Act: If accepted control of invasive agricultural species already established will not be possible.

Key issues not addressed Integrated permit system does not go far enough ie. Need for single permit and authorisation process for activities identified under NEMA and restricted activities in terms of this legislation: - Decision making processes and tools for the above processes are different - Permit issuing competency and capacity spread across different Organs of State.