Environmental and Biodiversity

Indigenous biological resources with animals, plants, or other organisms of indigenous species. This includes living or dead organisms, genetic material gathered from the wild, cultivated, bred, or kept in captivity, and exotic animals, plants, or other organisms altered with genetic materials or bio-compounds from indigenous species. Parasites, viruses, bacteria, etc., associated with the human body are regarded as indigenous biological resources. For example, TB micro-organisms in sputum samples or parasites in the blood. Alien, invasive, threatened, or protected species.

 

1.1.1. Bioprocessing, working with alien, invasive, threatened, or protected species

The following legislation is applicable:

  • National Environmental Management: Biodiversity Act (NEMBA), (Act 10 of 2004) of the Department of Forestry, Fisheries, and the Environment (DFFE)
  • Bioprospecting (Section 81) Alien & Invasive species (Section 70)

Requirements:

  • Research on indigenous biological resources in South Africa (Discovery Phase): No bioprospecting permit is required, but the researcher must notify the Minister
  • Export of material for research: An export permit is required from the provincial authority
  • Export of ex-situ material (i.e., from a collection) for research: Must notify the Provincial issuing authority (MEC) and provide a copy of the research agreement
  • Commercialisation activities: Bioprospecting permit required
  • Apply for permits under Section 65(1) or 71(1) of the Act to carry out restricted activities for the purpose of research involving listed invasive and alien species and keep a register of the species and activities. National status reports are also required
  • Import permits and veterinary health or phytosanitary certificates required when alien or invasive species are imported
1.1.2. Threatened or protected species (TOPS)

Captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries, rehabilitation facilities, or wildlife traders involving specimens of any listed threatened or protected species.

Requirements according to the NEMBA (Act 10 of 2004), Section 88(1):

  • Register the facility in terms of TOPS and apply for permits for any restricted activities. The latest version of lists of critically endangered, endangered, vulnerable, and protected insects, fish, reptiles, birds, mammals, and plant species should be consulted

 

1.1.3. Research involving marking, catching, or disturbance of wild animals, removal of plants, or access to any protected area/nature reserve

CapeNature (regulatory authority in the Western Cape) is responsible for issuing permits for fauna, flora, hunting, and the Convention on International Trade in Endangered Species (CITES). CapeNature is required to have a record of all scientific research/collection projects or inventory collections undertaken on its nature reserves and those encompassing the province (including private property).

Researchers who wish to collect any wild animal (including birds and insects) using a trap (which includes mist nets, cages, box traps, birdlimes, etc.) must also apply for a permit before collecting any specimens.

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Additional Information:

Controlled goods include any plant, pathogen, insect, exotic animal, growth medium, infectious thing, honey, beeswax, or used apiary equipment.

Requirements according to the Agricultural Pests Act (Act 36 of 1983):

  • Apply for a permit to import any of the listed controlled goods. Note the published list of plants that do not require import permits
Additional Information: