BIODIVERSITY ACT: DRAFT BIODIVERSITY MANAGEMENT PLAN FOR BLACK RHINOCEROS AND WHITE RHINOCEROS  

Title: National Environmental Management: Biodiversity Act 10 of 2004 (“NEMBA”): Consultation on the Draft Biodiversity Management Plan for Black Rhinoceros (Diceros bicornis) and White Rhinoceros (Ceratotherium Simum) in South Africa 

Government Notice: GN 4980 in GG 50829 of 18 June 2024 

Deadline for public comments: 18 July 2024 

On 18 June 2024, the Minister of Forestry, Fisheries and the Environment, in terms of sections 43(1)(b), 43(3), 99 and 100 of the NEMBA, published the draft Biodiversity Management Plan (“BMP”) for the Black Rhinoceros (Diceros bicornis) and White Rhinoceros (Certatotherium simum) in South Africa, for public comment. 

The vision of the draft BMP is to ensure that: 

“Thriving national herds of wild black and white rhino are valued, promote conservation, and people benefit from their inclusive sustainable use, with the associated goal that will aim to cooperatively manage a viable, secure and expanding national metapopulation of both species of indigenous rhino in order to contribute to national biodiversity objectives, meet a range of societal values, and advance transformation through inclusive ownership, meaningful participation and broad beneficiation”. 

Once finalised, the Minister attends to assign the responsibility for implementation of the draft BMP to the Department of Forestry, Fisheries and the Environment supporting by the National Rhino Conservation Co-ordinating Committee. 

NEMA: BIODIVERSITY ACT: PUBLICATION OF THE DRAFT BIODIVERSITY BILL FOR COMMENTS 

Title: National Environmental Management: Biodiversity Act, 10 of 2004 (“NEMBA”): Publication of the Draft National Environmental Management: Biodiversity Bill for Public Comment 

Gazette reference: GN 4887 in GG 50706 on 24 May 2024 

Deadline for public comments: 23 July 2024 

On 23 May 2024, the Minister of Forestry, Fisheries and the Environment published the draft National Environmental Management: Biodiversity Bill (“the Bill”) for public comments.  

The Bill will enable: 

  • More effective implementation of the NEMBA’s objectives; 
  • More flexible management of species and ecosystems; 
  • Greater protection for species and ecosystems through the implementation of international agreements and restrictions on wildlife trafficking; and 
  • More effective achievement of economic benefits in the biodiversity sector. 

The Bill’s primary purposes are, among others, to: 

  • Provide for the conservation and sustainable use of ecosystems and species; 
  • Provide for the duty of care towards all components of biodiversity and for the well-being of wild animals; 
  • Provide for the development and alignment of biodiversity planning tools; 
  • Provide for the management of invasive species; 
  • Address historical imbalances, enable and facilitate transformation, facilitate cultural practices and achieve equity within the biodiversity sector; 
  • Provide for appropriate measures in response to climate change. 

BIODIVERSITY ACT: NON-DETRIMENT FINDINGS FOR CERTAIN SPECIES LISTED IN TERMS OF INTERNATIONAL TRADE IN ENDANGERED SPECIES 

Title: National Environmental Management: biodiversity Act, 2004 (Act No. 10 of 2004): Consultation on Non-Detriment Findings for Certain Species Listed in Terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora 

Gazette reference: GN 4473 in GG 50258 of 5 March 2024 

Commencement date: 5 March 2024 

On 5 March 2024, the Minister of Forestry, Fisheries and the Environment published the non-detriment findings for certain species listed in terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973, as made by the Scientific Authority in terms of the National Environmental Management: Biodiversity Act (“NEMBA”). 

Section 61 of the Biodiversity Act provides that the Scientific Authority must monitor the legal and illegal trade in specimens of listed threatened or protected species, advise the Minister on the matters that it monitors and make non-detriment findings on the impact of actions relating to the international trade of the specimens. The obligation of the scientific authority in terms of the CITES is to advise, through a non-detriment finding whether the import or export of specimens of species included in Appendix I of the CITES Convention, or the export of specimens of species included in Appendix II of the CITES Convention, will not be detrimental for the survival of the species involved.  

The Scientific Authority has managed to conduct non-detriment findings for all South Africa’s widely traded CITES listed species.