Advertorial | GPL invites public to comment on the list of threatened or protected terrestrial and freshwater species and regulations

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Gauteng Provincial Legislature
Gauteng Provincial Legislature

The Gauteng Legislature’s Portfolio Committee on Economic Development, Environment, Agriculture and Rural Development request for submissions /comments on the List of Threatened or Protected Terrestrial and Freshwater Species and Regulations made in terms of the National Environmental Management: Biodiversity Act 2004 (Act No. 10 of 2004). 

The Minister of Environment, Forestry and Fisheries has published for comments on the new Regulations pertaining to threatened or protected terrestrial species and freshwater species, in terms of section 97 of the National Environmental Management: Biodiversity Act of 2004 (NEMBA). 

She has also published new List of Terrestrial Species and Fresh Water Species that are Threatened or Protected or in Need of National Protection, Restricted Activities that are Prohibited, and Restricted Activities that are Exempted in terms of sections 56and 57 of the NEMBA.

NEMBA is a law affecting Provinces. Any subordinate legislation made in terms of the NEMBA would inevitably affect Provinces.

Section 8(3) of NEMBA requires that all subordinate legislation issued under it which affects Provinces be submitted to the NCOP for approval. 

It is pursuant to this provision that the Minister has submitted same to the NCOP.

Section 97 of the NEMBA gives the Minister the power to make regulations pertaining to a wide variety of matters relating to the Act. That is where the power to make the TOPS Regulations originates. 

The TOPS Regulations, 2007, provide a national approach to the sustainable use of species that are threatened with extinction, or in need of national protection while ensuring the survival of the species in the wild, thus ensuring the conservation of the species. 

The TOPS Regulations address multiple issues, including: unethical hunting practices such as hunting in confined spaces, or hunting of tranquillized animals or by means of bait; activities related to the management of damage-causing animals; hybridization and spreading diseases as a result of translocation; activities threatening cycad populations; and registration of captive breeding and keeping facilities.

NEMBA enables the Minister to prohibit activities that may impact on the survival of species in the wild, and to regulate activities to ensure sustainable use of indigenous biological resources. The Minister is generally the permit-issuing authority for TOPS permits for national organs of state, provincial conservation authorities and marine species.

You are therefore urged to submit your written comments/submissions on the regulation by Thursday, 22nd October 2020 to: Mr Thabo Skosana 082 967 7478Ms Lebogang Mampe 071 483 0221Should you require further information regarding on the Regulation, kindly contact the NCOP Unit: Mr Shakespeare Ncube 079 500 9323


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