National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsRegulations pertaining to threatened or protected terrestrial species and freshwater species, 2023 - effective 1 April 2023Section A: Provisions relating to Listed Threatened or Protected SpeciesChapter 2 : Permit System for Listed Threatened or Protected SpeciesPart 3 - Consideration of permit applications16. Identification of risk factors |
| (1) | Before issuing a permit,the issuing authority must require the identification of risk factors in the following circumstances: |
| (a) | when a new facility is established and registered in. terms of these Regulations, where specimens of a freshwater fish species will be kept for breeding, research or exhibition purposes,or when specimens of freshwater fish species are introduced for the first time by the owner of private land on which closed water is found,as contemplated in regulation 84; and |
| (b) | for the new establishment of a facility for the keeping in captivity of a listed large predator, or for the release of such listed large predator or a specimen of Loxodonta africana, onto a property other than a controlled environment. |
| (2) | In addition to the circumstances contemplated in subregulation (1), the issuing authority may require the identification of risk factors as it deems necessary. |
| (3) | The identification of risk factors contemplated in subregulations (1) and (2) must include, as a minimum, the following information— |
| (a) | to the extent applicable, the registered name and number of the land contemplated in subregulation (1)(a), or the property contemplated in subregulation (1)(b), onto which a specimen of a listed threatened or protected species is to be released; |
| (b) | to the extent applicable, a list of indigenous species already occurring in the closed water contemplated in subregulation (1)(a} into which, or the land contemplated in subregulation (1)(b) onto which, a specimen of a listed threatened or protected species is to be released; |
| (c) | information relating to the perimeter fence of the property contemplated in subregulation (1)(b) onto which the specimen of a listed threatened or protected species is to be released; |
| (d) | the potential risks associated with the conveyance, movement or translocation of the specific specimen, to any other species or ecosystems, or to humans, including— |
| (i) | degradation and fragmentation of the habitat of the species; |
| (ii) | hybridization of species; |
| (iii) | spreading disease; and |
| (iv) | human safety; |
| (e) | evaluation of the risk identified under paragraph (d) in terms of— |
| (i) | the likelihood of the risk being realized; and |
| (ii) | the severity of the risk and consequences of the realization of the risk for the particular species as well as for other species, habitats and ecosystems; |
| (f) | any management measures that have been implemented to minimize potential risks; |
| (g) | how permissible restricted activities will be carried out to prevent or minimize potential risks; |
| (h) | written consent from neighboring owners of land, if applicable; and |
| (i) | any other information deemed relevant by the issuing authority. |
| (4) | The identification of risk factors may be done by any person, provided that such person has sufficient knowledge of the Biodiversity Act and biodiversity matters. |