Antarctic Treaties Act, 1996 (Act No. 60 of 1996)RegulationsAntarctic Treaties Regulations, 2021Chapter 2 - Environmental Protection6. Conservation of Antarctic flora and fauna |
| (1) | No person shall take, destroy or engage in harmful interference in relation to any indigenous species except on the authority of a permit issued by the Minister. |
| (2) | The Minister may issue a permit contemplated in sub-regulation (1) in the following circumstances— |
| (a) | to collect specimens for scientific research; |
| (b) | to collect specimens for museums, herbaria, zoological and botanical gardens or other educational or cultural institutions or uses; or |
| (c) | to provide for unavoidable consequences of scientific activities not authorised in paragraphs (a) or (b), or the construction and operation of scientific support facilities. |
| (3) | When considering a permit application in terms of sub-regulation (2), the Minister must have regard to the criteria and factors detailed in Article 3(3) of Annex 2 to the Protocol and the provisions of the National Environmental Management Act and any specific environmental management Act as it may relate to Antarctic flora and fauna. |
| (4) | All the species listed in Appendix A of Annex 2 to the Protocol are hereby designated as Specially Protected Species. |
| (5) | The Minister may not issue a permit relating to a Specially Protected Species except if such activity— |
| (a) | is for a compelling scientific purpose; |
| (b) | will not jeopardise the survival or recovery of that species or local population of that species; |
| (c) | makes use of non-lethal techniques; and |
| (d) | does not impact on the well-being of the particular animal. |
| (6) | Subject to sub-regulations (7) and (8), no person may introduce any alien species onto land, any ice shelf or the water within the Antarctic Treaty area except on the authority of a permit issued by the Minister. |
| (7) | The introduction of any domestic animal to, or the keeping of domestic animal in the Antarctic Treaty area is prohibited. |
| (8) | A permit contemplated in sub-regulation (6) may only be issued for those species listed in Appendix B of Annex 2 to the Protocol. |
| (9) | Sub-regulation (6) does not apply to the introduction of food into the Antarctic Treaty area, provided no live animals are introduced for the purposes of food. All plants and animal parts and products must be kept under controlled conditions and may only be disposed of in accordance with Annex 3 to the Protocol and Appendix C to Annex 2. |
| (10) | No person may fly or land a helicopter or any other aircraft, use a vessel, vehicle, firearm or explosive in a manner that disturbs any concentration of indigenous species. |
| (11) | The Minister may direct a person that has introduced any plant or animal without a permit in terms of these regulations, to remove or destroy these species, including any trace of them, unless removing or destroying such species will cause more damage to the environment than allowing them to remain. |
| (12) | If the directive in sub-regulation (11) is not complied with, the Minister may take measures to remove the plant or animal and claim the costs of such removal including rehabilitation, from the responsible person. |