Crimes against the environment Flashcards
(19 cards)
BIODIVERSITY (BIOLOGICAL DIVERSITY):
- The variety of all living things on earth,
- including animals, plants, and microorganisms
- from land, sea, and freshwater environments.
- It includes differences within species, between species, and among ecosystems.
ECOSYSTEM:
system formed by the interaction of living communities, like animals, plants, and microbes,
and their non-living environment,
working together as a single unit.
HABITAT:
The natural home or environment where a species or group of species lives.
SPECIES:
A group of similar organisms that normally do not breed with other groups.
It also includes
- subspecies
- varieties
- hybrids
- geographically separate populations.
RESTRICTED ACTIVITY
These are activities that are controlled or prohibited when involving certain
protected or harmful species
1) For protected or threatened species, restricted activities include:
Hunting or capturing them.
Collecting or damaging them or their parts.
Bringing them into or taking them out of SA.
Possessing, growing, breeding, or transporting them.
Selling, buying, giving, or receiving them in any form.
Any other activity as set by law involving them.
For alien or invasive species, restricted activities include:
Bringing them into SA.
Possessing, growing, breeding, or spreading them.
Moving or transporting them.
Trading, buying, or giving them away.
Any other regulated activity involving them.
AIMS OF THENATIONAL
ENVIRONMENTAL MANAGEMENT
BIODIVERSITY ACT
1) Ensure:
Protection and management of SA’s biodiversity and its parts.
Protection of entire ecosystems, even including species that aren’t directly used or exploited.
Sustainable use of indigenous biological resources, by using them without damaging nature or future supplies.
Well-being of animals when managing, conserving, and using natural
resources.
Fair sharing of benefits from research and development that uses indigenous biological resources.
2) Fulfil international biodiversity agreements that SA has agreed to.
3) Encourage cooperation among government departments in managing and
protecting biodiversity.
4) Set up the South African National Biodiversity Institute to help achieve
these goals.
What are Publsihing lists>
The Minister can publish national list of ecosystems that are threatened or
need protection.
A provincial MEC for environmental affairs can publish a provincial list of
such ecosystems.
Types of ecosystems that can be listed in the publishing lists
Critically endangered: very badly damaged by humans, at serious risk of being permanently destroyed.
Endangered: damaged by human activities, but not as severely as
critically endangered ones.
Vulnerable: at high risk of serious damage in the future if not protected.
Protected: important ecosystems that are valuable to the country or
province, even if not currently under serious threat.
what does s56 of National Environmental Management Biodiversity Act 10 of 2004 focus on?
Threatened or protecetd species
What are the categories of species the minister can list according to s56?
Critically endangered: indigenous species at extreme risk of going extinct very soon.
Endangered: indigenous species at high risk of extinction in near future.
Vulnerable: indigenous species at risk of extinction in the medium-term.
Protected: species important for conservation or national interest that need to be managed carefully
S57 on Restricted activities
1) You cannot perform any restricted activity involving a listed threatened or protected species without a permit. -
This includes international trade, like import, export, re-export, or introduction from the sea, of species.
2) Minister can ban any activity that might harm a listed species, or require a
permit to do so.
3) These rules do not apply if the species is simply passing through SA, as long
as the shipment has proper original documentation from the country of origin.
4) BUT, minister can exempt people or groups from needing a permit.
5) Any notice about prohibitions or exemptions can apply:
To the whole country or specific areas.
To all people or specific groups.
To all species or specific ones.
It can also differentiate based on area, people, or species.
S 65: ALIEN SPECIES
You may not do anything, like import, grow, keep, or trade, with an alien
species unless you have a permit.
A permit will only be granted after a risk assessment is done to check if it
might harm biodiversity.
S 66: EXEMPTIONS FROM PERMIT REQUIREMENT
Minister can publish a notice in Government Gazette to:
Exempt certain alien species,
Exempt categories of alien species, or
Exempt specific people from needing a permit.
If a species is exempted, you can carry out activities without a permit.
Minister must review exemptions regularly.
What can exemptions apply to?
Specific areas or provinces,
Certain people or groups,
Certain species or groups of species.
S 71: ACTIVITIES INVOLVING INVASIVE SPECIES
You can’t do restricted activities with listed invasive species without a permit.
A permit can only be issued after a risk assessment.
Exemption ito s71
Minister may exempt certain people from these rules via notice in Government
Gazette.
Exemption notices can apply generally or to specific groups / areas / species and can also differentiate between them.
S 71A: PROHIBITIONS
Minister can completely ban permits for specific listed invasive species via
notice.
This ban may apply generally or to specific groups, areas, or species, with
differences allowed.