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.