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 permits23. Compulsory conditions applicable to the holder of a permit |
| (1) | If it is the decision of the issuing authority to issue a permit, it must be issued subject to the condition that the holder thereof— |
| (a) | may not transfer the permit to any other person; |
| (b) | may not make any alteration to the permit, in which case the permit will be rendered invalid; |
| (c) | must sign the permit and any addendum thereto in order to validate the permit before carrying out the restricted activity to which the permit applies; and |
| (d) | is bound by any norms and standards that apply to the restricted activity or species for which the permit has been issued, and that the permit holder must act in accordance with such norms and standards when carrying out the restricted activity to which the permit applies. |
| (2) | In addition to the compulsory conditions contemplated in subregulation (1), all ordinary permits issued for the maximum period of validity, and all standing permits, must be issued subject to a condition that the permit holder must— |
| (a) | keep a register containing the information contemplated in subregulation (3); and |
| (b) | report such information in writing to the relevant issuing authority— |
| (i) | within 30 working days of the expiry of an ordinary permit; or |
| (ii) | at the end of each calendar year for the period of vaiidity of a standing permit. |
| (3) | The register contemplated in subregulation (2)(a) must contain the following information: |
| (a) | the name of the permit holder; |
| (b) | the facility to which the registration applies (if applicable); |
| (c) | the unique number to which the registration applies (if applicable); |
| (d) | the restricted activity or activities that have been carried out in terms of the permit; |
| (e) | the date on which the restricted activity or activities contemplated in paragraph (d) have been carried out; |
| (f) | the common and scientific names of the species to which the restricted activity or activities contemplated in paragraph (d) relate; |
| (g) | the number and sexes of specimens involved; |
| (h) | the markings of specimens involved (if applicable); |
| (i) | if the permit relates to purchasing,the name, physical address and permit number of the seller; |
| (j) | if the permit relates to selling, the name, physical address and permit number of the purchaser; and |
| (k) | if the permit relates to the transport and export of a specimen, and to the extent applicable, the name and physical address of the person where the specimen has been transported or exported to. |
| (4) | In addition to the information contemplated in subregulation (3), the register must contain the following information in respect of a captive breeding facility: |
| (a) | documentation indicating legal acquisition of new stock acquired during the validity period of the permit, |
| (b) | details of current stock, including the numbers, sex and age of offspring produced during the validity of the permit; |
| (c) | mortalities (percentage and number) and sexes of specimens in the different age groups during the validity of the permit; |
| (d) | past, current (during the validity of the permit) and expected annual production of offspring and, where possible, information on the number of females producing offspring each year, and |
| (e) | plans for the disposal of offspring. |
| (5) | In addition to the compulsory conditions contemplated in subregulation (1), all hunting permits must be issued subject to the condition that— |
| (a) | the holder thereof must have all relevant documentation authorizing the hunt on his or her person during the hunt; |
| (b) | information on the success of the hunt must be submitted in writing to the issuing authority within 21 days of the expiry of the permit, by— |
| (i) | the holder of the permit, in the case of a local hunter; or |
| (ii) | the hunting outfitter, in the case of a hunting client; |
| (c) | the original permit must be returned to the issuing authority within 21 days of the expiry of the permit; and |
| (d) | in the case of a hunting client, that he or she must be accompanied by a professional hunter. |
| (6) | The information contemplated in subregulation (5)(b) must include the following: |
| (a) | in the case of a successful hunt— |
| (i) | the permit number and date of issuance of the permit; |
| (ii) | the species, sex and number of animals hunted; |
| (iii) | the location where the hunt took place; and |
| (iv) | the method or instrument by means of which the animal was hunted; and |
| (b) | in the case of an unsuccessful hunt, and if required in terms of a non-detriment finding, the completed hunting return. |
| (7) | In addition to the compulsory conditions contemplated in subregulation (1), all permits relating to the possession of or exercising physical control over a live specimen of a listed threatened or protected species, to the extent applicable, must be issued subject to a condition that the holder thereof must— |
| (a) | prevent hybridization and/or inbreeding; |
| (b) | keep a stock book; |
| (c) | provide information contemplated in paragraphs (a) and (b) in writing to the relevant issuing authority prior to the expiry of the ordinary permit or standing permit; and |
| (d) | make the information contemplated in paragraphs (a) and (b) available upon request to the relevant issuing authority. |
| (8) | The stock book contemplated in subregulation (7)(b) must contain the following information: |
| (a) | quantities and sex of specimens acquired, whether such specimens were born on the property, purchased, received as a donation or a new loan, or a loan returned; |
| (b) | quantities and sex of specimens kept; and |
| (c) | quantities and sex of specimens disposed of, whether such specimens died or were hunted, were sold, or given as a donation or a loan. |
| (9) | Notwithstanding the provision of subregulation 8(b), in the event that it is not possible to record the exact quantities of specimens kept, the stock book must reflect approximate quantities. |
| (10) | The keeping of a stock book contemplated in subregulation (7)(b) does not apply to permit holders who are participating in any of the studbooks contemplated in regulation 25(1)(a). |