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 4 - Issuing of permits20. Decision on a permit application and issuance of a permit |
| (1) | On receipt of a complete application, the issuing authority must consider and decide on the application, and if the decision is to issue the permit, then issue the permit within 30 working days of receipt of the application, unless any other subordinate legislation regulating the same matter provides a different time frame. |
| (2) | On receipt of the additional information contemplated in regulation 9(8), or in respect of any other application,the issuing authority must consider and decide on the application, and if the decision is to issue the permit, then issue the permit within 30 working days of receipt of the additional information. |
| (3) | If the decision of the issuing authority is to issue the permit subject to certain conditions, the issuing authority must— |
| (a) | give reasons for the decision to the applicant, if required by the applicant; and |
| (b) | inform the applicant of his or her right to appeal against the decision and the appeal procedure to be followed in accordance with the national Appeals Regulations. |
| (4) | If the decision of the issuing authority is to refuse the application, the issuing authority must, in addition to the requirement set out in terms of section 88(5) of the Biodiversity Act, within 30 working days inform the applicant of— |
| (a) | its decision; |
| (b) | the applicant's right to appeal against the decision of the issuing authority; and |
| (c) | the appeal procedure to be followed in accordance with the national Appeal Regulations. |
| (5) | If the issuing authority is unable to comply with the timeframes contemplated in subregulations (1) and (2), the issuing authority must— |
| (a) | provide reasons in writing to the applicant, prior to the lapsing of such timeframe, as to why it is unable to comply with such timeframe; and |
| (b) | indicate to the applicant a reasonable time frame relative to the complexity of the application, in which the decision will be made. |
| (6) | Notwithstanding the provision of subregulation (1), the issuing authority may determine the timeframe for applications to which the genotyping of specimens of listed threatened or protected species contemplated in terms of regulation 31 of these Regulations, relate. |
| (7) | The failure to make a decision within the prescribed time frames contemplated in subregulations (1) and (2) does not render the carrying out of the restricted activity, or restricted activities, as the case may be, by the applicant, as lawful. |
| (8) | The issuing authority may issue a permit with retrospective effect if deemed necessary. |
| (9) | Notwithstanding the provision of subregulation (8), a retrospective import or export permit may be issued only in the following circumstances: |
| (a) | the irregularity that has occurred, is not attributable to the importer or exporter, as the case may be; |
| (b) | in the case of importing or exporting a live specimen, the issuing authority, after consultation with the relevant enforcement authority, is satisfied that there is evidence that a genuine error has been made; |
| (c) | in the case of paragraphs (a) and (b), the issuing authority is satisfied that all other applicable legislation has been complied with; |
| (d) | to first time offenders;and |
| (e) | if the permit indicates that it has been issued with retrospective effect. |
| (10) | The issuing authority may not issue a permit in conflict with the provisions of— |
| (a) | applicable provincial legislation; |
| (b) | norms and standards to which the application relates; |
| (c) | a biodiversity management plan in respect of a species to which the application relates; |
| (d) | a non detriment finding of the Scientific Authority; or |
| (e) | any other relevant provision contemplated in regulation 17 |