National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Regulations

Regulations pertaining to threatened or protected terrestrial species and freshwater species, 2023 - effective 1 April 2023

Section A: Provisions relating to Listed Threatened or Protected Species

Chapter 2 : Permit System for Listed Threatened or Protected Species

Part 3 - Consideration of permit applications

12. Restricted activities requiring a risk assessment

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(1)	Before issuing a permit, the issuing authority must request a risk assessment for—

(a)	restricted activities involving wild specimens of listed critically endangered species;

(b)	restricted activities carried out in ecosystems listed in terms of section 52 of the Biodiversity Act as critically endangered; or

(c)	release of a captive bred or artificial propagated specimen of a listed threatened or protected species into a national protected area.

(2)	A risk assessment is not required for the carrying out of the restricted activities in the circumstances contemplated in subregulation (1), if—

(a)	the restricted activity is carried out for conservation purposes by an official of—

(i)	the Department or a provincial conservation authority;

(ii)	the management authority of a national, provincial or local protected area, on land under its jurisdiction; or

(iii)

SANBI;

(b)	a biodiversity management plan has been developed in respect of the species to which the application relates and such biodiversity management plan contains all the information contemplated in regulation 13(2), provided that the risks identified by such management plan have not changed; or

(c)	a risk assessment in respect of the species to which the application relates has been conducted previously, provided that the risks identified by such risk assessment have not changed.

(3)	The issuing authority may request a risk assessment prior to the consideration of an application for the renewal of a permit, if the conservation status of the species to which such application relates,has deteriorated.