THE LAW
National Environmental
Management: Biodiversity Act, No. 10 of 2004
National Environmental
Management: Protected Areas Act, No. 57 0f 2004
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NATURE CONSERVATION LAW IN KWAZULU-NATAL:
The KwaZulu-Natal Nature Conservation Board is established as a juristic entity in terms of
the KwaZulu-Natal Nature Conservation Management Act, 1997 and has as its primary functions the
management of nature conservation, not only within the Province of KwaZulu-Natal but also within
protected areas in the Province. The Board is also charged to direct the development and promotion
of ecotourism facilities within the protected areas.
The KwaZulu-Natal Nature Conservation Service (KZN Wildlife) is likewise established in terms
of the above Act and essentially comprises the staff compliment of the Nature Conservation
authority in KwaZulu-Natal. KZN Wildlife therefore carries out the day to day operation of the
nature conservation in KwaZulu-Natal and as such is accountable to the Board.
The above Act is essentially enabling Legislation creating the legal structures necessary to
carry out the above mentioned functions.
Although the KwaZulu-Natal Nature Conservation Amendment Act, which prescribes the law relating
to the protection of flora and fauna, has been passed, until such time as regulations necessary to
supplement the Amendment Act are finalised the Amendment Act will not be enacted and the law
enforcement provisions are still dealt with by the remaining sections of the Natal Nature
Conservation Ordinance 15 of 1974 and the KwaZulu Nature Conservation Act, 1992. Once the Amendment
Act is put into operation the above mentioned Ordinance and the KwaZulu Nature Conservation Act,
1992 will be entirely repealed.
The Amendment Act schedules specially protected indigenous animals and plants and provides
certain legal protections for the scheduled species so as to assist Conservation officials in the
protection of Biodiversity. It also deals with professional hunting and non indigenous species and
sets out a system of permitting for certain activities. The Amendment Act also designates the
powers of KZN Wildlife officials and provides for the appointment of Honourary Officers who provide
their services free of charge. The Amendment Act also specifies categories of protected areas and
provides a mechanism for the proclamation and de-proclamation of protected areas.
Apart from the above law enforcement provisions KZN Wildlife is also affiliated to CITES and as
such grants permits for the export and import of CITES listed species to and from the Province.
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