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

14. General requirements applicable to the person who will carry out a risk assessment

(1)	The person who will be carrying out a risk assessment contemplated in regulation 12 of these Regulations must—

(a)	be independent;

(b)	have adequate knowledge of—

(i)	the Biodiversity Act;

(ii)	these Regulations;

(iii)

any norms and standards and guidelines that have relevance to the application; and

(iv)	the species concerned, or alternatively must consult with an expert on the species concerned when conducting the risk assessment;

(c)	be a scientist with expertise in—

(i)	biodiversity matters; and

(ii)	conducting risk assessments;

(d)	conduct the risk assessment to which the application relates in an objective manner, even if such risk assessment result in views and findings not favorable to the applicant;

(e)	comply with any applicable legal requirements;

(f)	take into account, to the extent applicable, the matters contemplated in regulation 8 of these Regulations when carrying out the risk assessment and preparing any report relating to the application; and

(g)	disclose to the applicant and the issuing authority all material information in his or her possession that reasonably has or may have the potential of influencing—

(i)	any decision to be taken by the issuing authority in terms of these Regulations with respect to the permit application; or

(ii)	the objectivity of the risk assessment.

(2)

In the case that the risk assessment was carried out by a person who is registered as a candidate natural scientist or certified natural scientist in terms of the Natural Scientific Professions Act, 2003 (Act No. 27 of 2003), or the report was compiled by such person, the report must also be signed off by the registered professional natural scientist under whose supervision and control such person has performed his or her work.