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 1 : Interpretation and Purpose of these Regulations1. Definitions |
| (1) | In these Regulations— |
means—
| (a) | a device designed to discharge a projectile or pellet by means of compressed gas, and not a burning propellant; and |
| (b) | which is used for the purpose of hunting a specimen of a listed threatened or protected species; |
means the Alien and Invasive Species Regulations, promulgated in terms of section 97 of the Biodiversity Act;
means the catching of a specimen of a listed threatened or protected species in an aquatic system by means of a line and hook, whether or not any rod, bait or fishing lure is used,or by means of a set line, and includes any such attempt or assistance, but excludes the catching of such specimen by jigging or snatching it;
means legislation in terms of which biodiversity matters are regulated, either at a provincial level within a province or at a national level;
means legislation in terms of which biodiversity matters are regulated at a provincial level within a province;
means a person who applies for a permit or for registration in accordance with the provisions of these Regulations;
means any area associated with rivers, streams, vleis, sponges, creeks, lakes, pans, or any other natural or man-made water impoundment;
means a projectile launched by a bow of any description or by any other device capable of discharging such projectile;
means a listed threatened or protected plant species that is grown under controlled conditions, from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules that have been derived from cultivated parental stocks;
means any natural or artificial substance to lure an animal,excluding a fishing lure used to catch fish;
means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004}, including any amendment thereof;
means a scientific study of biodiversity in a given area to assess the species composition of the ecosystem{s) in that particular area;
means an establishment where collections of listed threatened or protected plant species are cultivated and grown for—
| (a) | ex situ conservation purposes or scientific study; and |
| (b) | display to the public; |
means an instrument consisting of a body and string designed to launch and propel an arrow;
means an enterprise, whether registered as a company or closed corporation or not, that is conducted by a person as a primary source of income;
means a cage with a trap door or doors, with or without a trigger that causes the door to shut, which is used to capture and restrain a live specimen of a listed threatened or protected animal species to prevent it from escaping;
means a specimen of a listed threatened or protected animal species that was bred and born in a controlled environment;
means a facility that is a controlled environment where specimens of a listed threatened or protected animal species are bred;
means the number allocated to a case docket when a criminal investigation is registered with the South African Police Services;
means to employ any means, method or device whatsoever to—
| (a) | secure possession or take into possession,or gain control over; |
| (b) | attempt to secure possession or take into possession, or gain control over; or |
| (c) | search for, pursue, drive, lie in wait for, lure or allure, discharge a missile or injure with the intent to catch or capture; |
a specimen of a listed threatened or protected animal species,irrespective of whether such control or possession is intended to be temporary or permanent, and irrespective of whether such control or possession is with the intent to kill such specimen subsequent to its capture,but excludes angling;
means a document, issued either in terms of applicable provincial legislation or in terms of the Game Theft Act, in relation to land that has been fenced in accordance with the requirements of such applicable provincial legislation, and in a manner that prevents the escape of specimens of the listed threatened or protected species to which such document relates;
means the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
means the Convention on International Trade in Endangered Species of Wild Fauna and Flora Regulations, promulgated in terms of section 97 of the Biodiversity Act;
means a water body that is completely surrounded by land, with no river flowing into or from such water body;
means a facility that keeps live specimens of listed threatened or protected species for public display or performance purposes, including but not limited to, a circus, zoological garden, aquarium and travelling exhibition, whether or not any kind of interaction between humans and such specimens is taking place at such facility;
means carrying out a restricted activity with the primary purpose of obtaining economic benefit, including profit in cash or in kind, and is directed towards exchange for economic use or benefit, or any other form of economic use or benefit;
means carrying out a restricted activity involving a specimen of a listed threatened or protected species, including the collection of such specimen from the wild, with the primary purpose of ensuring the survival of such specimen in the wild, in accordance with a—
| (a) | conservation strategy or research program approved by the issuing authority; or |
| (b) | biodiversity management plan; |
means the national, regional or global conservation status of a listed threatened or protected species based on the IUCN Red List categories and criteria;
means the conditions in an artificial or a non-natural environment that is intensively manipulated through human intervention for the purpose of growing or producing a specimen of a listed threatened or protected plant species;
means any enclosure—
| (a) | that is of insufficient size for a specimen or a group of specimens of a listed threatened or protected species to be self-sustainable; |
| (b) | that is designed to hold such specimen or specimens in a manner that— |
| (i) | prevents it from escaping; and |
| (ii) | requires intensive human intervention or manipulation in the form of the provision of— |
| (aa) | food or water, or both; |
| (bb) | artificial housing; |
| (cc) | health care; |
| (dd) | predator or parasite control;or |
| (ee) | any combination of the above interventions; and |
| (c) | where natural selection does not play a role; |
means the killing of a specific number of specimens of a listed threatened or protected species as part of a controlled operation, in order to manage the specimens or to control the population of such species in accordance with the management plan of such facility or such land;
means listed threatened or protected plant species grown under controlled conditions and used for reproduction, multiplication or propagation;
means an individual specimen or group of specimens,as the case may be, of a listed threatened or protected animal species that, when in conflict with human activities, there is proof that it—
| (a) | causes substantial loss to livestock or to wild animals; |
| (b) | causes substantial damage to cultivated trees,crops or other property;or |
| (c) | presents an imminent threat to human life; |
means the chemical immobilization of a live specimen of a listed threatened or protected animal species by any means, method or device, using a tranquilizing, narcotic,immobilizing, or similar agent, for the purpose of restraining or anaesthetizing such specimen;
means a deceased specimen of a listed threatened or protected species that is no longer capable of propagating, reproducing, multiplying, or transferring genetic material;
means a database developed and maintained by the Department for the recording of information,including in relation to rhinoceros horn and elephant ivory stock piles;
means deoxyribonucleic acid, and refers to the molecules that carry the unique genetic information in the cells of a specific specimen of a listed threatened or protected species;
means a certificate issued in relation to the genotyping of a particular specimen of a listed threatened or protected species;
means a blood or tissue sample of a specimen of a listed threatened or protected species;
means a person of 65 years or older;
means ivory of Loxodonta africana;
means the purpose of carrying out a restricted activity is aimed at enforcing the legal requirements of the Biodiversity Act and these Regulations.and may include the confiscation, possession and movement of specimens by enforcement officials;
means a natural environment—
| (a) | that is of sufficient size for the management of free-roaming populations of listed threatened or protected animal species, irrespective of whether it is fenced or not; |
| (b) | that meets all or most of the ecological requirements of the populations of listed threatened or protected species occurring on such land; |
| (c) | where the process of natural selection plays a major role; and |
| (d) | where no or minimal human intervention is required in the form of— |
| (i) | provision of water; |
| (ii) | supplementation of food,except in times of drought; |
| (iii) | the control of parasites or predation;or |
| (iv) | the provision of health care; |
but excludes an enclosure that is a controlled environment within such extensive wildlife system;
means any artificial object made of plastic, wood, steel, feather, wire or other substance, which is—
| (a) | designed to attract the attention of such specimen as a result of its movement, vibration, flash, shape, color and scent; and |
| (b) | presented in a manner to entice such specimen into seizing it; |
means viable populations of listed threatened or protected species capable of displaying natural social behavior, while requiring no or minimal human intervention;
means a person who conducts a business relating to the importing, exporting or re-exporting of specimens of listed threatened or protected species;
means a permit—
| (a) | issued by the issuing authority and purchased by the owner of a registered game farm in accordance with the repealed Regulations; and |
| (b) | that authorizes any other person to purchase and hunt a specimen of a listed threatened or protected animal species on such registered game farm, including to convey and possess the dead specimen subsequent to the hunt during the validity period of the game farm hunting permit; |
means the Game Theft Act, 1999 {Act No. 105 of 1999);
means the process of determining or analyzing the DNA profile of a specimen of a listed threatened or protected species;
means a device designed for the entrapment of a specimen of a listed threatened or protected animal species by trapping a leg, limb or any other part of the body through the mechanism of closing jaws, and triggered by the animal stepping in or on to the device or touching the device with any part of its body;
means to—
| (a) | kill, or attempt to kill, by any means, method or device whatsoever; |
| (b) | search for, lie in wait for, drive, pursue, shoot at, or to discharge any missile at, with the intent to kill; or |
| (c) | lure by any means, method or device whatsoever, with the intent to kill, |
a specimen of a listed threatened or protected species for personal gain in order to obtain the meat, or to obtain the tusk, horn, skin or any other recognizable part of such specimen as a momenta of the hunt, but excludes—
| (i) | culling; or |
| (ii) | the killing of a specimen that has become a damage-causing animal; |
means a person who is not a citizen of the Republic or a permanent resident within the Republic, and who pays or rewards any other person for, or in connection with, the hunting of a specimen of a listed threatened or protected animal species;
means a person who is authorized in terms of applicable biodiversity legislation to operate as a hunting outfitter, and assigns a similar meaning to a hunting contractor referred to in terms of applicable provincial legislation;
means a horn, tooth, hide, skin, hair, or any other readily recognizable part or derivative of a specimen of a listed threatened or protected species, whether processed or not, and which is kept as a memento of the hunt;
means the cross-breeding of individuals from different—
| (a) | genera; |
| (b) | species; or |
| (c) | sub-species of the same species; |
means a population of a listed threatened or protected species that has been introduced by humans, whether deliberately or accidentally, in an area that falls outside the natural distribution range of such species;
means the translocation of a specimen of a listed threatened or protected species to an area that falls outside the naturaldistribution range of such species;
means the use of line and hooks, by a fast and erratic retrieving action of the hooks through the water with the intention to hook such specimen in any part of its body;
means a device designed for the entrapment of a predator by trapping the leg of such predator through the calibrated mechanism of closing non-serrated or non-spiked off-set jaws or padded jaws, and triggered by such predator stepping in or on to theleghold trap;
means a specimen of—
| (a) | Lycaon pictus; |
| (b) | Parahyaena brunnea; |
| (c) | Acinonyx jubatus; |
| (d) | Panthera pardus; |
| (e) | Panthera leo; or |
| (f) | Crocuta crocuta; |
means a threatened or protected terrestrial species or freshwater species listed in terms of section 56 of the Biodiversity Act;
means domesticated species such as cows, goats, sheep,horses, pigs or poultry;
means a—
| (a) | management plan referred to in section 41 of the National Environmental Management: Protected Areas Act,2003 {Act No. 57 of 2003); |
| (b) | biodiversity management plan developed in terms of section 43 of the Biodiversity Act; |
| (c) | management plan developed in terms of any applicable norms and standards; or |
| (d) | management plan developed in terms of applicable provincial legislation; |
means the carrying out of a restricted activity directed towards the management of a specimen of a listed threatened or protected species, and includes, but is not limited to, the—
| (a) | conveyance, movement or otherwise translocation of a specimen; |
| (b) | marking of a specimen; |
| (c) | collection of a DNA sample of a specimen, |
| (d) | de-horning of a specimen;or |
| (e) | collaring of a specimen; |
means an indelible imprint, microchip or any other recognized or prescribed means of uniquely identifying a specimen of a listed threatened or protected species;
means the National Environmental Management Act, 1998 (Act No. 107 of 1998}, including any amendment thereof;
means the Appeal Regulations promulgated in terms of section 44(1)(a) of the National Environmental Management Act;
means the area in which a specimen of a listed threatened or protected species occurs naturally,or has previously occurred, without having been introduced into such area as a direct or indirect result of human intervention;
means any national norms and standards issued in terms of the National Environmental Management Act or any other specific environmental management act;
means a facility, operated as a business venture, where specimens of listed threatened or protected plant species are sold, and may include the cultivation, multiplication, propagation or growing of such specimens;
means a permit—
| (a) | issued by the issuing authority and purchased by the owner of a registered nursery in accordance with the repealed Regulations; and |
| (b) | that authorizes any other person to purchase a specimen of a listed threatened or protected plant species from such registered nursery, including to convey and possess such plant specimen subsequent to the purchase during the validity period of the nursery possession permit; |
means—
| (a) | the person registered in a deeds registry as the owner of the land; |
| (b) | the bona fide purchaser of land, prior to the registration of the deed of transfer in his name, but after the contract of sale has been concluded, to the exclusion of the person contemplated in paragraph (a); |
| (c) | the authorised representative of the person contemplated in paragraph (a) or (b); |
| (d) | the person designated in writing as the owner of such land by an association, where the legal title thereto is vested in an association,whether corporate or non-corporate; |
| (e) | the management authority of a protected area; |
| (f) | any organ of state responsible for land that is not a protected area; |
| (g) | the occupier or lessee of land, in terms of a written agreement with the person contemplated in paragraph (a), (b), (d) or (f); |
| (h) | the person in whom the administration of such land is vested as executor, trustee, assignee, curator, liquidator or judicial manager, as the case may be, where the owner as contemplated in paragraph (a) or (b) is dead or insolvent, or has assigned his/ her estate for the benefit of his/her creditors or has been placed under curatorship by order of court or is a company being wound up or under judicial management; |
| (i) | the lawful heir of the person contemplated in paragraph (a) or of the purchaser contemplated in paragraph (b), as the case may be, at the death of such person or purchaser or, where the land is subject to a usufruct, the usufructuary; or |
| (j) | a person or authority in control of communal land; |
means a natural or juristic person, and includes a trust;
means a permit—
| (a) | issued by the issuing authority and purchased by a registered wildlife products trader in accordance with the repealed Regulations; and |
| (b) | that authorizes any other person to purchase a dead specimen of a listed threatened or protected species from such registered wildlife products trader for non-commercial purposes, including to convey and possess such specimen subsequent to the purchase,or to export such specimen from the Republic subsequent to the purchase, during the validity period of the personal effects permit; |
means the following regulations pertaining to listed threatened or protected species—
| (a) | Government Notice No. 152 published in Gazette No. 29657 on 23 February 2007; |
| (b) | Government Notice No.69 published in Gazette No. 30703 on 28 January 2008; |
| (c) | Government Notice No. 209 published in Gazette No.31962 on 27 February 2009; |
| (d) | Government Notice No. 210 published in Gazette No. 31963 on 27 February 2009; |
| (e) | Government Notice No. 576 published in Gazette No.34453 on 11July 2011; |
| (f) | Government Notice No.614 published in Gazette No. 35565 on 02 August 2012; and |
| (g) | Government Notice No. 324 published in Gazette No. 37596 on 29 April 2014; |
means a person who is authorized in terms of applicable biodiversity legislation to operate as a professional hunter;
means the provincial department or provincial organ of state responsible for the conservation of biodiversity in a province;
means for the purpose of prohibiting physical contact with specimens of listed threatened or protected species, in order to prevent disease transmission and to avoid aerosol and drainage contamination, where such specimens are under the supervision of a veterinarian;
means inclusive of, but not limited to, a—
| (a) | whole elephant tusk, polished or unpolished and in any form whatsoever; or |
| (b) | cut piece, polished or unpolished and howsoever changed from its original form; |
but excludes worked ivory;
means registered in terms of these Regulations;
means a facility equipped for the temporary keeping of a live—
| (a) | sick or injured specimen for the purpose of providing treatment of and care to such specimen; or |
| (b) | young orphan specimen for rearing purposes; |
with the overall intent to release such specimen, but excludes a veterinarian's practice or a veterinary academic hospital;
means the Republic of South Africa;
means the whole horn, or any part or cut piece of the horn, of Diceros bicomis or Ceratotherium simum, whether polished or unpolished, in any form whatsoever or howsoever changed from its original form, and includes rhinoceros horn in its powdered form or shavings of rhinoceros horn;
means a risk assessment contemplated in section 89 of the Biodiversity Act;
means the South African National Biodiversity Institute established in terms of section 10 of the Biodiversity Act;
means a facility that provides permanent care to a specimen of a listed threatened or protected species that would be unable to sustain itself if released in an environment other than a controlled environment, irrespective of the reason for such inability;
means the Scientific Authority established in terms of section 60 of the Biodiversity Act;
means a facility where specimens of a listed threatened or protected species are kept or used for research, scientific information or identification purposes;
means carrying out a restricted activity with the primary purpose of practicing science or conducting research;
means to exchange for cash or in kind, and includes bartering, or giving or offering in exchange, or offering or presenting for sale, and buying shall be construed accordingly;
means an anchored noose of string, wire, cable or any other material which can be used for capturing or killing a specimen of a listed threatened or protected animal species;
means a notice published in the Government Gazette in respect of listed threatened or protected species, which reflects the—
| (a) | the list of such species, published in terms of section 56(1) of the Biodiversity Act; |
| (b) | restricted activities prohibited in terms of section 57(2) of the Biodiversity Act; and |
| (c) | restricted activities exempt in terms of section 57(4) of the Biodiversity Act; |
means an inventory register for the keeping of records of specimens of listed threatened or protected species acquired,held in stock and disposed of;
means a collaborative species management programme in respect of the pedigree and demographic history of specimens of the listed threatened or protected species to which such a programme relates;
means a person who—
| (a) | treats, prepares or mounts a skin, horn or other derivative of a specimen of a listed threatened or protected animal species; or |
| (b) | who transforms a skin, horn or other derivative of a specimen of a listed threatened or protected animal species into a curio; |
but excludes a person who prepares such specimen in the veld subsequent to a lawful hunt for the purpose of further processing by a taxidermist;
means a facility equipped for the temporary keeping of live specimens of a listed threatened or protected animal species for—
| (a) | quarantine purposes, where such specimens are under the supervision of a veterinarian;or |
| (b) | translocation purposes, including a boma; |
with the overall intent to release such specimens, but excludes a rehabilitation facility;
means a public university or technicon that provides higher education, whether on a full-time, part-time or distance basis, and which is deemed to be a higher education institution in terms of the Higher Education Act, 1997 (Act 101 of 1997);
means to search for, follow or pursue a specimen of a listed threatened or protected species by any means, method or device;
means to—
| (a) | import into the Republic or export from the Republic; or |
| (b) | sell, exchange, purchase, receive, accept as a gift, give, donate, or to acquire or dispose of in any way within the Republic, |
a specimen of a listed threatened or protected species within the Republic, and traded shall be construed accordingly;
means the—
| (a) | process of capturing a live specimen of a listed threatened or protected animal species at a particular location, the conveying or transporting of such specimen and the release thereof at another location;or |
| (b) | moving of a live specimen of a listed threatened or protected species from one area and the release thereof in another area; |
means a cage, net or any other device that is capable of catching or capturing a specimen of a listed threatened or protected species;
means a person registered with the South African Veterinary Council to operate as such;
means an animal that does not belong to a livestock species, or to a recognised domestic species such as a cat, dog, horse,mule or any other similar species;
means a group or collection of wild specimens of the same listed threatened or protected species;
means a specimen of a listed threatened or protected species that is living and growing, and may be multiplying, in a natural environment that is not a controlled environment, with or without human intervention;
means a natural person who facilitates a commercial transaction at an auction between the seller and the purchaser of a specimen of a listed threatened or protected species;
means a person who conducts or engages in the business of sourcing and acquiring , or purchasing and selling, a live specimen of a listed threatened or protected animal species for commercial purposes, and includes a wildlife auctioneer but excludes a—
| (a) | hunting outfitter; |
| (b) | wildlife translocator; and |
| (c) | commercial exhibition facility; |
means a person who conducts or engages in the business of sourcing and acquiring, or purchasing and selling, a dead specimen of a listed threatened or protected animal species for commercial purposes, but excludes a taxidermist and a wildlife auctioneer;
means a person who transports , conveys or otherwise translocates a live specimen of a listed threatened or protected animal species for commercial purposes on behalf of another person, and may include the purchasing, selling or temporary possession of such live specimen;
means inclusive of, but not limited to, ivory that has been carved, shaped or processed, either fully or partially, and includes a whole elephant tusk of which the whole surface has been carved, but excludes a whole tusk that has been partially carved.
means an establishment where a collection of live specimens of listed threatened or protected species are kept in enclosures under predominantly ex situ circumstances for public display, for the demonstrable purpose of conservation through exhibition, education and research;
| (2) | In these Regulations,a word or expression or any derivative or other grammatical form of such word or expression to which a meaning has been assigned in subregulation (1) or in the Biodiversity Act, has the corresponding meaning, unless the context indicates otherwise. |