LEGISLATION:

16MARCH 2011: LEGISLATION PART OF THINGS:

PART1:

JUST A COUPLE OF LAWS WE LEARNED ABOUT IN OUR SECOND YEAR, REGARDING WORKING WITH WILD ANIMALS.

INDEX:

1.MIND MAP ON WILDLIFE LAWS

2.MIND MAP ON NON-WILDLIFE LAWS

3.CONSTITUTION OF THE REPUBLIC ACT 108 OF 1996

4.NEMA ACT 107 OF 1998

5.AMENDMENT ACT 46 OF 2003

6.NEMBA ACT 10 OF 2004

7.TOPS ACT 10 OF 2004

8.PROTECTED AREAS AMENDMENT ACT 31 OF 2003

9.GAME THEFT ACT

10.ANIMAL PROTECTION ACT 71 OF 1962

11.LIMPOPO ENVIRONMENTAL MANAGEMENT ACT 7 OF 2003

12.PROTOCOL ON WILDLIFE CONSERVATION AND LAW ACT

13.CITES

14.INTERNATIONAL CONVENTION BIODIVERSITY

15.WHITE PAPER ACT

16.WASTE ACT

LEGISLATION REGARDING TO THE WILDLIFE CENTRE:

1. Constitution of the republic of S.A. 108 of 1996:

—The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), was approved by the Constitutional Court (CC) on 4 December 1996 and took effect on 4 February 1997.

—The Constitution is the supreme law of the land. No other law or government action can supersede the provisions of the Constitution.

—The Republic of South Africa is one, sovereign, democratic state founded on the following values:

—a. Human dignity, the achievement of equality and the advancement of human rights and freedoms.

—b. Non-racialism and non-sexism.

—c. Supremacy of the constitution and the rule of law.

—d. Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.

2. National environmental management act 107 of 1998 (NEMA):

—To provide for co-operative, environmental governance by establishing principles for decision-making.

—On matters affecting the environment, institutions that will promote co-operative governance and procedures.

—This is for a coordinate environmental functions exercised by organs of state; and to provide for matters connected therewith.

3. National environmental management amendment act 46 of 2003:

—To amend the National Environmental Management Act, 1998, so as to define certain expressions.

—To provide for the administration and enforcement of certain national environmental management laws.

—Also to provide for matters connected therewith.

4. National environmental management; biodiversity act 10 of 2004(NEMBA) :

—To provide for the management and conservation of South Africa’s biodiversity within the framework of the National Environmental Management Act, 1998.

—The protection of species and ecosystems that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bio-prospecting involving indigenous biological resources.

—The establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith.

5.National environmental management biodiversity act 10 of 2004, threatened and protected species regulations:

—The TOPS regulations apply only to those species that are listed as threatened or protected in terms of the Biodiversity Act. Provincial legislation still applies to all species not listed as threatened or protected.

—The TOPS regulations do not replace or repeal any provincial legislation, but apply in addition to provincial legislation.

—A person may not carry out ANY restricted activity involving a TOPS specimen,

—without a TOPS permit. There are NO exemptions from any of the provisions of the TOPS regulations, to any person, organization or organ of state.

—The TOPS regulations must always be read in conjunction with the TOPS definitions, TOPS species lists and TOPS amendments.

—Provincial conservation authorities may apply stricter measures than required in terms of the TOPS regulations, but not less strict measures.

6. Protected areas amendment act 31:

—To amend the National Environment Management: Protected Areas Act, 2003, so

—As to provide for a comprehensive list in the Schedule of all national parks; to

—Provide for the assignment of national parks, special national parks and heritage

—Sites to the South African National Parks; to make provision for flight corridors.

—And permission of the management authority to fly over a special national park,

—National park or heritage site; to provide for specific areas to be available for

—Training and testing of aircraft; and to provide for the winding-up and dissolution

—Of the South African National Parks; and to provide for matters connected There with.