Biodiversity Business Hub
Resources and Tools for South African Business.
Welcome to the Biodiversity Business Hub — a growing repository of guidance documents, frameworks, policies, laws and tools for businesses looking to understand and enhance their relationship with nature.
The objective of this page is to aid business sustainability professionals in providing context and the business case for biodiversity action, particularly for businesses to disclose their biodiversity impacts and dependencies. We provide links to download all the documents listed here together with brief commentary on each.
The webpage is divided into four sections:
- International Commitments
- South African Disclosure Guidance
- International Disclosure Guidance
- Relevant South African Legislation
The International Commitments section sets the scene for biodiversity action on the global stage. The focus of this section is on the Global Biodiversity Framework, which is shaping government and non-government response to biodiversity action. The South African Disclosure Guidance section sets out the current direction of reporting requirements for South African companies and how biodiversity is an important element to be factored into business decision-making. The international disclosure guidance section, which follows, provides important context on international reporting frameworks and standards together with guidance from our international partner, Business for Nature. In our final section, relevant South African legislation, we briefly address the strong but often overwhelming environmental regulatory landscape. Additional context is provided by the Endangered Wildlife Trust’s LAWS website
Recording of a roundtable discussion among business sustainability professionals and other stakeholders on the role of business in implementing the Global Biodiversity Framework
INTERNATIONAL COMMITMENTS
South African is a signatory to the United Nations Convention on Biological Diversity (CBD), a multilateral environmental agreement focused on conservation and sustainable use of wildlife (including plants) and the fair and equitable sharing of benefits which arise where wildlife is used. The CBD has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol.
The Kunming-Montreal Global Biodiversity Framework (GBF) was adopted during the fifteenth meeting of the Conference of the Parties (COP 15) following a four year consultation and negotiation process. This historic Framework, which supports the achievement of the Sustainable Development Goals and builds on the Convention’s previous Strategic Plans, sets out an ambitious pathway to reach the global vision of a world living in harmony with nature by 2050. Among the Framework’s key elements are 4 goals for 2050 and 23 targets for 2030.
Every member of the CBD is required to develop a National Biodiversity Strategy and Action Plan (NBSAP) setting out the strategy and plan for contracting parties to fulfil the objectives of the Convention
Convention on Biological Diversity
The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993. Download the treaty here
Kunming-Montreal Global Biodiversity Framework
Also known as the Biodiversity Plan, the implementation of the Kunming-Montreal Global Biodiversity Framework (GBF) will be guided and supported through a comprehensive package of decisions also adopted at COP 15. This package includes a monitoring framework for the GBF, an enhanced mechanism for planning, monitoring, reporting and reviewing implementation, the necessary financial resources for implementation, strategic frameworks for capacity development and technical and scientific cooperation, as well as an agreement on digital sequence information on genetic resources.
You can download the GBF here and access the 23 Targets for 2030 here
GBF Target 15:
Businesses Assess, Disclose and Reduce Biodiversity-Related Risks and Negative Impacts
Take legal, administrative or policy measures to encourage and enable business, and in particular to ensure that large and transnational companies and financial institutions: (a) Regularly monitor, assess, and transparently disclose their risks, dependencies and impacts on biodiversity, including with requirements for all large as well as transnational companies and financial institutions along their operations, supply and value chains and portfolios; (b) Provide information needed to consumers to promote sustainable consumption patterns; (c) Report on compliance with access and benefit-sharing regulations and measures, as applicable; in order to progressively reduce negative impacts on biodiversity, increase positive impacts, reduce biodiversity-related risks to business and financial institutions, and promote actions to ensure sustainable patterns of production.
National Biodiversity Strategy and Action Plan
Every member of the CBD is required to develop a National Biodiversity Strategy and Action Plan (NBSAP) setting out the strategy and plan for contracting parties to fulfil the objectives of the Convention, you can access the NBSAP for South Africa for 2015-2025 here.
SADC Green Economy Strategy and Action Plan for Sustainable Development
South Africa is a member of the Southern African Development Community (SADC), an organisation founded and maintained by countries in Southern Africa that aims to further socio-economic, political, and security cooperation among its Member States. You can access the SADC vision 2025 here, as well as the Green Economy Strategy and Action Plan for Sustainable Development
SOUTH AFRICAN DISCLOSURE GUIDANCE
South Africa became the first country in the world to formally recognise integrated reporting when the Johannesburg Stock Exchange (JSE) recommended sections of the King Report on Corporate Governance for South Africa 2009 (King III) as part of its listing requirements on 01 March 2010. Publicly listed companies are thus generally familiar with the principles of sustainability reporting encouraged by the JSE. This is also a helpful starting point for private companies to better understand their relationship with biodiversity.
JSE Sustainability Disclosure Guidance
Published June 2022
The Johannesburg Stock Exchange Disclosure Guidance aims to enable more useful, consistent, and comparable sustainability disclosure to inform better decision-making and action.
This Guidance avoids being prescriptive, and leaves responsibility for decision-making with the reporting organisation, particularly as regards the identification of material sustainability issues
Recommended Biodiversity disclosure metrics are covered under Environmental Disclosure Metric E3 on page 52
King IV Report on Corporate Governance
Download here with additional context here
Published November 2016
The King Committee on Corporate Governance was first established by the Institute of Directors in South Africa (IoDSA) in 1992 with the first King Report published in 1994. Now in its 4th iteration the King Report provides the guiding principles for corporate governance and rationale for Integrated Reporting.
The King Report is aligned with the six capital approach which includes natural capital. In advocating for Responsible Corporate Citizenship the King Report recommends:
‘The governing body should oversee and monitor, on an ongoing basis, how the consequences of the organistation’s activities and outputs affects its status as a responsible corporate citizen. This oversight and monitoring should be performed against measures and targets agreed with management… [including in the area of ] … Environment (including responsibilities in respect of pollution and waste disposal; and protection of biodiversity). ‘
Extract from page 45. Emphasis added
Financial Sector Conduct Authority
The FSCA is the dedicated market conduct regulator in South Africa. Their mandate covers investigating potential market abuse which can include misrepresentation such as greenwashing.
Read their Sustainable Finance Roadmap and Consumer Risk Report here together with their Statement on Sustainable Finance and Programme of Work
INTERNATIONAL DISCLOSURE GUIDANCE
International Integrated Reporting Framework: <IR> Framework
Published January 2021
The Integrated Reporting Framework is aligned with both the King Committee and JSE in advocating a Capitals Approach where biodiversity is considered an element of Natural Capital.
As of August 2022, the International Financial Reporting Standards (IFRS) Foundation assumed responsibility for the Integrated Reporting Framework. The IFRS Foundation’s International Accounting Standards Board (IASB) and the International Sustainability Standards Board (ISSB) will work together to agree on how to build on and integrate the Integrated Reporting Framework into their standard setting projects and requirements.
International Sustainability Standards Board (ISSB)
The ISSB, formed in 2021 by the IFRS foundation, is developing—in the public interest—standards that will result in a high-quality, comprehensive global baseline of sustainability disclosures focused on the needs of investors and the financial markets. IFRS S1 General Requirements for Disclosure of Sustainability-related Financial Information and IFRS S2 Climate-related Disclosures have already been developed and, as of April 2024, the ISSB will commence projects to research disclosure about risks and opportunities associated with biodiversity, ecosystems and ecosystem services.
The increased collaboration will optimise how GRI and ISSB Standards can be used together to facilitate reporting on an organisation’s impacts, risks and opportunities, including risks that arise from the organisation’s impacts.
Global Reporting Initiative (GRI)
The GRI has, for over 25 years, been providing the world’s most widely used sustainability reporting standards, which cover topics that range from biodiversity to tax, waste to emissions, diversity and equality to health and safety.
The Biodiversity Standard, GRI 101, was updated in 2024. Download it here
Taskforce on Nature-related Financial Disclosures (TNFD)
The Taskforce on Nature-related Financial Disclosures (TNFD) has developed a set of disclosure recommendations and guidance that encourage and enable business and finance to assess, report and act on their nature-related dependencies, impacts, risks and opportunities.
European Sustainability Reporting Standards (ESRS)
In April 2021, the European Commission adopted a legislative proposal for a Corporate Sustainability Reporting Directive (CSRD) that requires companies within its scope to report using a double materiality perspective in compliance with European Sustainability Reporting Standards (ESRS) adopted by the European Commission as delegated acts. Under the proposed CSRD, the European Financial Reporting Advisory Group (EFRAG) was appointed technical adviser to the European Commission developing draft ESRS.
The reporting requirements will be phased in over time for different kinds of companies. The first companies will have to apply the standards in financial year 2024, for reports published in 2025. Listed SMEs are obliged to report as from 2026, with a further possibility of voluntary opt-out until 2028.
Download ESRS E4: Biodiversity and Ecosystems here
Business for Nature (BfN): ACT-D and Sector Specific Guidance
Business for Nature is a global coalition of 100+ influential partner organizations (including the Endangered Wildlife Trust) as well as forward-thinking companies driving credible business action and policy ambition to achieve a nature-positive economy for all by 2030.
and together with the World Economic Forum and World Business Counicl for Sustainable Development has produced guidance for the following 12 sectors
- Agri-food
- Built Environment
- Chemicals
- Cement and Concrete
- Energy
- Fashion and Apparel
- Financial Services
- Forest Products
- Household and Personal Care Products
- Travel and Tourism
- Waste Management
- Water Utilities and Services
Biodiversity (is your Business) Round Table 2023
RELEVANT SOUTH AFRICAN LEGISLATION
The Endangered Wildlife Trust’s LAWS (Land, Air, Water, Species) website is dedicated to helping anyone navigate environmental law in South Africa. The laws and policies covered below are hosted on this website
NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998
Find out more and download here
The National Environmental Management Act 107 of 1998 or NEMA as it is more commonly called, is a framework law, which means that it sets the framework for environmental regulation and governance in South Africa.
The legislation below govern issues of waste; water use and pollution; and air pollution. These are all significant biodiversity impact drivers.
NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 59 OF 2008
Find out more and download here
Regulates waste in South Africa
NATIONAL WATER ACT 36 OF 1998
Find out more and Download here
The purpose of the National Water Act 36 of 1998 or NWA is to ensure that the nation’s water resources are protected, used, developed, conserved, managed and controlled.
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
Find out more and Download here
National Environmental Management: Air Quality Act 39 of 2004 or NEMAQA is the specific environmental management act aiming to:
- Protect and enhance the quality of air in South Africa; and
- Prevent air pollution: NEMAQA defines air pollution as: any change in the composition of the air caused by smoke, soot, dust (including fly ash), cinders, solid particles of any kind, gases, fumes, aerosols and odorous substances.
The legislation below governs circumstances where a business may have a direct or indirect impact on ecosystems and species due to new development and land use change.
NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014
Find out more and download here
Prescribes the procedures and requirements for conducting EIAs in South Africa, including the requirements for public participation and applicable timeframes for decision-making processes.
SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013
Find out more and download here
Provides for a uniform, effective and comprehensive system of spatial planning and land use management in South Africa.
NATIONAL FORESTS ACT 84 OF 1998
The National Forests Act aims to conserve South Africa’s natural forests and woodlands and manage plantation forests. Chapter 3 of this law prohibits the destruction of trees in natural forests (see section 7) and protects forest areas and certain trees. Chapter 7 details a range of crimes relating to forests or woodland areas and protected trees.
NATIONAL HERITAGE RESOURCES ACT 25 OF 1999
Find out more and Download here
The National Heritage Resources Act aims to promote effective management of South Africa’s heritage – this law has one of the most beautiful preambles confirming the importance of the heritage in South Africa: “Our heritage is unique and precious, and it cannot be renewed. It helps us to define our cultural identity and therefore lies at the heart of our spiritual wellbeing and has the power to build our nation. It has the potential to affirm our diverse cultures and, in so doing, shape our national character.”
The National Heritage Resources Act has only three chapters. Chapter 1 establishes a system for managing national heritage resources, Chapter 2 provides various protections for heritage resources, and Chapter 3 provides for enforcement, offences and penalties, and appeals.
NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT
Specifically concerning development in South Africa’s coastal areas.
The legislation below govern issues of waste; water use and pollution; and air pollution. These are all significant biodiversity impact drivers.
Legislation specific to the mining, agricultural and fishing sectors respectively
MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002
Find out more and download here
Regulates South Africa’s mineral and petroleum resources.
CONSERVATION OF AGRICULTURAL RESOURCES ACT 43 OF 1983
Find out more and download here
Regulates natural agricultural resources, which is defined as the soil, the water sources and the vegetation, excluding weeds and invader plants.
MARINE LIVING RESOURCES ACT 18 OF 1998
The Marine Living Resources Act (MLRA) aims to provide for the conservation of marine ecosystems and species. The MLRA comprises eight chapters. Chapter 3 manages fishing, including determining allowable catches, allocating fishing rights, and regulating commercial fishing in South Africa. Chapter 5 prohibits certain forms of fishing, and chapter 7 details various fishing-related crimes and penalties.
