1. 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.

2. 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

3. 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

4. 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.

5. 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).

6. 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

7. 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

8. 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

9. 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

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.