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 permits21. Circumstances in which a permit must be refused |
| (1) | The issuing authority must refuse to issue a permit if— |
| (a) | any applicable legal requirements that apply to the application, including the requirements of these Regulations, are not being, or have not been,complied with; |
| (b) | the carrying out of a restricted activity is prohibited in terms of section 57(2) of the Biodiversity Act or in terms of these Regulations; |
| (c) | the restricted activity applied for is in conflict with any non detriment finding made by the Scientific Authority in terms of section 61(1)(d) of the Biodiversity Act; |
| (d) | the off take limits determined by the Scientific Authority will be exceeded, or have already been exceeded at the time of considering an application for such permit; |
| (e) | the permit has been refused or revoked in terms of any other applicable legislation; or |
| (f) | registration of a facility is compulsory in terms of Chapter 3 of these Regulations, and the facility to which the application relates is not registered. |
| (2) | In addition to the factors contemplated in subregulation (1), the issuing authority must refuse to issue a permit if the application relates to breeding in a sanctuary. |