South Africa

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Animal Law in South Africa

Summary:

Despite the importance of animals to South Africa, animal law is not yet recognized a separate distinct area of law. In an attempt to rectify this, the article provides a high level introduction to this highly complex field. By providing background and context into historical and current injustices regarding humans and animals, it alleges that the current legal system has failed to provide adequate protection to either group. By analyzing the existing regulatory framework and case law, it lays out the realities of obtaining better protection for animals in law. It then argues why it is particularly critical for the country to consider animal interests both individually and collectively with human interests by providing examples of how these interests intersect in practice. It suggests an approach for future protection efforts and concludes by providing some opportunities going forward for animal law reform in South Africa.

South Africa - Protected Areas Act - National Environmental Management

Summary:

This act is to provide for the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes; for the establishment of a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultation in matters concerning protected areas; and for matters in connection therewith.

South Africa - Biodiversity - National Environmental Management

Summary:

The objectives of this Act are, within the framework of the National Environmental Management Act, to provide for the management and conservation of biological diversity within the Republic and of the components of such biological diversity; to provide for the use of indigenous biological resources in a sustainable manner; and to provide for the fair and equitable sharing among stakeholders of benefits arising from bioprosgecting involving indigenous biological resources. Other objecitves of this Act are to give effect to ratified international agreements relating to biodiversity which are binding on the Republic; to provide for co-operative governance in biodiversity management and conservation; and to provide for a South African National Biodiversity Institute to assist in achieving the objectives of this Act.

South Africa - Biological Diversity - Regulations

Summary:

These South African regulations were made relating to listed threatened and protected species of the National Environmental Management: Biodiversity Act, 2004. The purpose of these regulations is to further regulate the permit system set out in Chapter 7 of the Biodiversity Act insofar as that system applies to restricted activities involving specimens of listed threatened or protected species; to provide for the registration of captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries and rehabilitation facilities and wildlife traders; to provide for the regulation of the carrying out of a specific restricted activity, namely hunting; to provide for the prohibition of specific restricted activities involving specific listed threatened or protected species; to provide for the protection of wild populations of listed threatened species; and to provide for the composition and operating procedure of the Scientific Authority.
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