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New draft Gauteng legislation


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  • Martin Oosthuysen
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12 years 6 months ago - 12 years 6 months ago #72937 by Martin Oosthuysen
Replied by Martin Oosthuysen on topic Re:New draft Gauteng legislation
76No. 32090GOVERNMENT GAZETTE, 3 APRIL 2009NOTICE 349 OF 2009DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISMNATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT,2004LIST 2: LIST OF PROHIBITED ALIEN SPECIES IN TERMS OFSECTION 67I,MarthinusChristoffelJohannesvanSchalkwyk,MinisterofEnvironmental Affairs and Tourism, under section 67 of the NationalEnvironmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)publish for public comment, a draft list of prohibited alien species in theSchedule.Any person who wishes to submit written representations or commentsin connection with the draft regulations are invited to do so within 30days of the date of this notice. All written representations and commentsmust be submitted in writing to the Director-General of the Department of Environmental Affairs and Tourism By post to The Director-General Department of Environmental Affairs and Tourism Private Bag X447Pretoria, 0001

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Last edit: 12 years 6 months ago by Martin Oosthuysen .

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12 years 6 months ago - 12 years 6 months ago #72940 by Jake
Replied by Jake on topic New draft Gauteng legislation

Patrick Gildenhuys wrote: Hi Dimitri

What does Schedule 4 have to do with anything relating to keeping, breeding, etc. of alien invertebrates?

The only place that Schedule 4 is mentioned relating to alien invertebrates, is here:
(3) The restriction in subsection (2) does not apply to alien invertebrates listed as unrestricted species in Schedule 4.

So how do you interpret subsection (3)?


Chapter 5
invertebrates

Restricted Activities with alien invertebrates
60. (1) No person may without a permit –
(a) keep;
(b) possess;
(c) sell;
(d) collect;
(e) purchase;
(f) donate or receive as a donation;
(g) breed;
(h) release;
(i) carry; or
(j) transport
any invertebrate belonging to a species referred to in Schedule 9.
(2) No person may without a permit –
(a) import into; or
(b) convey in or through, the Province,

any alien invertebrate for entomology, commercial or collection purposes.
(3) The restriction in subsection (2) does not apply to alien invertebrates listed as unrestricted species in Schedule 4.
(4) The MEC may, by notice in the Provincial Gazette, include any additional restrictive actions in respect of any one or more species of invertebrates referred to in Schedule 9.

So the way it reads, it is telling you that the 11 species listed in section 67 of the national Environment Management : Biodiversity Act 2004, May not be
(a) import into; or
(b) convey in or through, the Province without a permit.

The restriction in subsection (2) does not apply to unrestricted invertebrates in schedule 4.
Last edit: 12 years 6 months ago by Jake.

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12 years 6 months ago #72941 by Martin Oosthuysen
Replied by Martin Oosthuysen on topic Re:New draft Gauteng legislation
I have all the legislation I've pasted, if need be I can email it. Most important is the exempted explanation, with the signed letter.

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12 years 6 months ago #72942 by Martin Oosthuysen
Replied by Martin Oosthuysen on topic Re:Re: New draft Gauteng legislation
That is the list that's not allowed, not even imported etc. These are the 11 species, I have this all to forward if need be.

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12 years 6 months ago #72943 by Martin Oosthuysen
Replied by Martin Oosthuysen on topic Re:Re: New draft Gauteng legislation
There are actual screenshots of the exempted alien species, that were noted.

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12 years 6 months ago - 12 years 6 months ago #72945 by Martin Oosthuysen
Replied by Martin Oosthuysen on topic Re:Re: New draft Gauteng legislation
Those are the 11 referred to in the act, they are not allowed into South Africa. I do apologize for double posts, please remove those that relate to this one. Also, like I've posted above please concentrate on the fact that the minister himself in the above screenshot exempted alien species.

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Last edit: 12 years 6 months ago by Martin Oosthuysen .

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