National Environmental Management Biodiversity Act, 2004 (No. 10 of 2004).

The objectives of this Act are: (a) to provide, within the framework of the National Environmental Management Act, (i) the management and conservation of biological diversity within the Republic and of the components of such biological diversity ; (ii) the use of indigenous biological resources in a sustainable manner; and (iii) the fair and equitable sharing among stakeholders of benefits arising from bioprospecting involving indigenous biological resources; (b) to give effect to ratified international agreements relating to biodiversity which are binding on the Republic; (c) to provide for cooperative governance in biodiversity management and conservation; and (d) to provide for a South African National Biodiversity Institute to assist in achieving the objectives of this Act.” Biological diversity" or "biodiversity" here means the variability among living organisms from all sources including, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and also includes diversity within species, between species, and of ecosystems. The Act applies to the territory of the Republic including its territorial waters, exclusive economic zone and continental shelf.
The Act consists of 106 sections divided into 9 Chapters: Interpretation, Objectives and Application of Act (I); South African National Biodiversity Institute (II); Biodiversity Planning and Monitoring (III); Threatened or Protected Ecosystems and Species (IV); Species and Organisms Posing Potential Threats to Biodiversity (V); Bioprospecting Access and Benefit-Sharing (VI); Permits (VII); Administration of Act (VIII); Offences and Penalties (IX).
Section 8 defines conflicts with other legislation. Section 10 provides for the establishment of the South African National Biodiversity Institute. The institute shall monitor and report regularly to the Minister on the status of the Republic's biodiversity and other matters, may act as an advisory and consultative body, and shall carry out other functions imposed on it by section 11. The Institute shall be managed by a Board and a Chief Executive. The purpose of Chapter III is to provide for integrated and coordinated biodiversity planning and to provide for monitoring and research in respect of biodiversity. The Minister must prepare and adopt a national biodiversity framework in accordance with sections 38 and 39. Bioregions may be determined and bioregional plans published under section 40. Biodiversity management plans may be proposed by Any person, organization or organ of state to the Minister under section 43 and the Minister may enter into a biodiversity management under section 44. The purpose of this Chapter is to provide for the protection of ecosystems and species that are threatened or in need of protection. The Minister must establish a scientific authority for purpose of assisting in regulating and restricting the trade in specimens of listed threatened or protected species. Functions of the Authority are set out in section 61. Chapter 6 provides for restriction of activities involving alien species or invasive species and control and destruction of invasive species. Section 78 concerns the threat posed by genetically modified organisms. Chapter VII regulates research on, or development or application of, indigenous biological resources for commercial or industrial exploitation. It also regulates the export from the Republic of indigenous biological resources for the purpose of bioprospecting or any other kind of research; and tries to safeguard a fair and equitable sharing by stakeholders in benefits arising from bioprospecting involving indigenous biological resources. Section 83 provides for benefit-sharing agreements. A Bioprospecting Trust Fund is established under section 85 All moneys arising from benefit-sharing agreements and material transfer agreements shall paid into the Fund and redistributed. The purpose of this Chapter is to provide for the regulation of the issuing of permits authorizing restricted activities, biopropsecting, activities regulated in terms of a notice published in terms of section 57, and exportation the export of indigenous biological resources for bioprospecting or any other type of research in terms of section 81. Permits shall be issued by the Minister; or an organ of state in the national, provincial or local sphere of government designated by regulation in terms of section 97 as an issuing authority for permits of the kind in question.