National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 4 : Threatened or Protected Ecosystems and SpeciesPart 2 : Protection of threatened or protected species57. Restricted activities involving listed threatened or protected species and species to which an international agreement regulating international trade applies |
[Section 57 heading substituted by section 5(a) of Act No. 14 of 2013]
| (1) | A person may not carry out a restricted activity involving a specimen of a listed threatened or protected species without a permit issued in terms of Chapter 7. |
| (1A) | A person may not import, export, re-export or introduce from the sea, a specimen of a species listed in terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora without a permit issued in terms of Chapter 7. |
[Section 57(1A) inserted by section 5(b) of Act No. 14 of 2013]
| (2) | The Minister may, by notice in the Gazette and subject to such conditions as the Minister may specify in the notice, prohibit the carrying out of any activity— |
[Words preceding section 57(2)(a) substituted by section 5(c) of Act No. 14 of 2013]
| (a) | which is of a nature that may negatively impact on the survival of a listed threatened or protected species; and |
| (b) | which is specified in the notice, |
or prohibit the carrying out of such activity without a permit issued in terms of Chapter 7.
| (3) | Subsections (1) and (1A) do not apply in respect of a specimen of a listed threatened or protected species or a species to which an international agreement regulating international trade applies conveyed from outside the Republic in transit through the Republic to a destination outside the Republic, provided that such transit through the Republic takes place with the required original documentation from the country of origin accompanying the shipment. |
[Section 57(3) substituted by section 5(d) of Act No. 14 of 2013]
(4)
| (a) | The Minister may, by notice in the Gazette and subject to such conditions as the Minister may specify in the notice, exempt a person or category of persons from a restriction contemplated in subsection (1) or (1A). |
[Section 57(4)(a) substituted by section 5(e) of Act No. 14 of 2013]
| (b) | Before granting an exemption in terms of paragraph (a), the Minister must follow a consultative process in accordance with sections 99 and 100. |
[Section 57(4) inserted by section 35 of Act No. 14 of 2009]
| (5) | A notice in terms of subsection (2) or (4) may— |
| (a) | apply generally— |
| (i) | throughout the Republic or a province, as the case may be, or only in a specified area or specified category of areas; |
| (ii) | to all persons or only to a specified category of persons; |
| (iii) | to all species or only to a specified species or specified category of species; or |
| (b) | differentiate between— |
| (i) | areas or categories of areas; |
| (ii) | persons or categories of persons; or |
| (iii) | species or categories of species. |
[Section 57(5) inserted by section 5(f) of Act No. 14 of 2013]
[Section 57 commenced 1 April 2005 (Proclamation No R. 47, Gazette No. 26887)]