Biodiversity act
The National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA) is South Africa’s first national law dedicated to biodiversity. Prior to its enactment, biodiversity and conservation were managed solely by provinces, resulting in a fragmented approach to regulating one of the world’s most biodiverse regions.
You can access NEMBA here.
Chapter 1 of NEMBA introduces key definitions, establishes the State as the trustee of South Africa’s biodiversity, and outlines its objectives, which include:
- Enforcing ratified international biodiversity agreements that are legally binding on South Africa.
- Fostering collaborative governance in biodiversity management and conservation.
- Creating the South African National Biodiversity Institute to advance NEMBA’s objectives.
- Ensuring alignment within the framework of the National Environmental Management Act for:
The management and conservation of biological diversity within the Republic, including its various components.
The importance of protecting entire ecosystems, including species not directly targeted for exploitation.
The sustainable utilisation of indigenous biological resources.
The fair and equitable distribution of benefits among stakeholders from bioprospecting involving indigenous biological resources.
Chapter 4 of NEMBA regulates threatened or protected ecosystems and species, while Chapter 5 addresses species and organisms that may pose a threat to South Africa’s biodiversity. Below, you’ll find essential lists and regulations related to Chapters 4 and 5. Chapter 7 outlines key permit requirements, and Chapter 9 covers biodiversity-related offences.
Did you know?
NEMBA applies throughout South Africa, including its territorial waters, exclusive economic zone, and the Prince Edward Islands.
NEMBA established the South African National Biodiversity Institute (SANBI). Details of SANBI’s powers and responsibilities can be found in Chapter 2 of NEMBA.
Chapter 3 of NEMBA outlines comprehensive provisions for biodiversity planning and monitoring, introducing key tools such as:
National Biodiversity Framework
Bioregions and Bioregional Plans
Biodiversity Management Plans
Biodiversity Management Agreements
Access the National Biodiversity Framework and various Biodiversity Management Plans through this link.
Chapter 6 of NEMBA governs bioprospecting in South Africa, promoting the ecological and sustainable use of the country’s indigenous genetic and biological resources. It ensures the fair and equitable sharing of benefits, especially when traditional knowledge is utilised.
‘Biological diversity’ or ‘biodiversity’ refers to the variety of living organisms, encompassing diversity within species, between species, and across ecosystems. Ecosystems include terrestrial, marine, and aquatic environments, along with the ecological complexes they form.
NEMBA REGULATIONS
Threatened or Protected Species
The Threatened or Protected Species (TOPS) Regulations govern the permit system for restricted activities involving species listed in the 2007 Critically Endangered, Endangered, Vulnerable, and Protected Species lists. They also establish a registration system for activities involving Threatened or Protected Species, such as captive breeding operations, commercial exhibition facilities, nurseries, scientific institutions, sanctuaries, rehabilitation facilities, and wildlife traders.
The TOPS Regulations provide guidelines for managing damage-causing animals, prohibit certain hunting methods, and outline offences related to Threatened or Protected Species. Additionally, specific norms and standards, such as those for elephants, are included.
Marine Threatened or Protected Species
The Threatened or Protected Marine Species Regulations (Marine TOPS Regulations) govern the permit system for restricted activities involving listed threatened or protected marine species. They establish a registration system and regulate operations such as captive breeding facilities, rehabilitation centres, sanctuaries, temporary holding facilities, exhibition facilities, and wildlife translocation involving these species.
Additionally, the Marine TOPS Regulations oversee boat-based whale and dolphin watching, as well as white shark cage diving.
Ecosystems
The National List of Ecosystems Threatened and in Need of Protection highlights the significance of ecosystems in South Africa. Anyone planning to develop or mine within a listed ecosystem must first conduct an environmental impact assessment and obtain environmental authorisation, along with any other necessary rights and licences, before commencing activities.
International Trade
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations ensure the implementation of CITES in South Africa, governing the export and import of all CITES-listed species. The CITES checklist provides an easy-to-use platform to identify listed species and determine their Appendix classification, which dictates permit requirements for international movement.
The three Appendices are:
- Appendix I: Species threatened with extinction due to trade. Both import and export permits are required, and commercial trade is prohibited.
- Appendix II: Species not currently threatened with extinction but could become so without regulated trade. Only export permits are required.
- Appendix III: Species protected in at least one country, which has requested assistance from other CITES Parties to control trade. Only export permits are required.
In South Africa, export permits for Appendix I or II species require a non-detriment finding (NDF), confirming that international movement will not harm the species' population in the country. You can access published NDFs here.
Additional requirements apply when the trade or movement involves live species.
Alien and Invasive Species
The Alien and Invasive Species Regulations (AIS Regulations) govern the regulation, control, and management of listed alien and invasive species in South Africa.
- Alien species refer to those not indigenous to South Africa or indigenous species translocated outside their natural distribution range, excluding those that have naturally extended their range through migration or dispersal without human intervention.
- Invasive species are those established outside their natural distribution range that:
- Threaten ecosystems, habitats, or other species, or have the potential to do so.
- Cause or have the potential to cause economic, environmental, or human health harm.
