When considering a permit application, the issuing authority must consider the following factors—
| (a) | whether the species to which the application relates is listed in terms of section 56 of the Biodiversity Act as a critically endangered species, an endangered species, a vulnerable species or a protected species; |
| (b) | whether the species to which the application relates is an alien species; |
| (c) | the conservation status of the species; |
| (d) | whether the application involves a listed threatened or protected species that will be introduced into,or taken or removed from, a wild population; |
| (e) | whether the restricted activity applied for is regulated in terms of regulations 32, 33, 34, 77, 78, 79, 80, 81, 82, 83 or 84 of these Regulations, or in terms of any other regulation made in terms of the Biodiversity Act; |
| (f) | whether the restricted activity is prohibited in certain circumstances in terms of regulations 72, 73, 74, 75 or 76 of these Regulations, or in terms of any other regulation made in terms of the Biodiversity Act; |
| (g) | whether an environmental impact assessment has been carried out in terms of the National Environmental Management Act, and if so,must consider the findings thereof; |
| (h) | whether an environmental authorization has been issued in terms of the National Environmental Management Act, and if so,must consider the conditions thereof; |
| (i) | whether the carrying out of the restricted activity, or not carrying out of the restricted activity, as the case may be, to which the application relates is likely to have a negative impact on the survival of the relevant listed threatened or protected species; |
| (j) | any applicable approved management plan; |
| (k) | whether the issuing authority has deferred a decision to issue a permit in terms of section 88 of the Biodiversity Act, or has refused, cancelled or suspended any other permits issued to the applicant in terms of section 92A, 93 or 93B respectively of the Biodiversity Act; |
| (I) | any recommendation or non-detriment finding made by the Scientific Authority in terms of section 61(1)(c) or (d) of the Biodiversity Act, regarding the application; |
| (m) | any advice provided by SANBI in terms of section 11(1)(c) of the Biodiversity Act; |
| (n) | any relevant information on the database that SANBI is required to keep in terms of section 11(1)(j) of the Biodiversity Act; |
| (o) | whether the restricted activity will be carried out in a facility or by a person contemplated in regulations 35(1) and 36(1) of these Regulations, and whether such facility or such person is registered in accordance with these Regulations; |
| (p) | whether the restricted activity will be carried out in a threatened ecosystem or protected area; |
| (q) | whether the applicant has been convicted of an offence in terms of the Biodiversity Act; |
| (r) | any objections to the application; |
| (s) | any relevant measures implemented by the national department responsible for agriculture that involve specimens of listed threatened or protected species; |
| (t) | whether the person applying for a permit is a member of a recognised organisation or association; |
| (u) | whether the carrying out of the restricted activity will affect the rights of a person contemplated in regulation 46 of these Regulations; |
| (v) | all applicable legal requirements have been met; and |
| (w) | any other relevant factor. |
