National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Regulations

Regulations pertaining to threatened or protected terrestrial species and freshwater species, 2023 - effective 1 April 2023

Section A: Provisions relating to Listed Threatened or Protected Species

Chapter 2 : Permit System for Listed Threatened or Protected Species

Part 4 - Issuing of permits

24. Compulsory conditions applicable to a captive breeding facility, rehabilitation facility, temporary holding facility and commercial exhibition facility

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(1) If it is the decision of the issuing authority to issue a permit in respect of a captive breeding facility, rehabilitation facility, temporary holding facility or a commercial exhibition facility, the permit must, in addition to the conditions contemplated in regulation 23(1), (2) and (7), be issued subject to a condition that the permit holder must—
(a)participate in any national or regional studbook approved by the department, including the—
(i)marking of specimens; and
(ii)collection of DNA samples for genotyping to determine the parental lineation;
(b)provide information contemplated in paragraph (a) in writing to the relevant issuing authority prior to the expiry of the ordinary permit or standing permit; and
(c)make the information contemplated in paragraph (a) available upon request to the relevant issuing authority.

 

(2)Notwithstanding the provision of regulation 23(7)(a), inbreeding may be permitted in a captive breeding facility for conservation purposes, only in accordance with a conservation strategy approved by the relevant issuing authority, and provided that—
(a)a studbook contemplated in subregulation (1)(a) is kept; and
(b)a stock book contemplated in regulation 23(7)(b) is kept.

 

(3)A permit in respect of a captive breeding facility must, in addition to the compulsory conditions contemplated in subregulation (1), be subject to a condition that no specimens of critically endangered species or listed large predators originating from wild populations may be introduced, except for conservation purposes.

 

(4)A permit in respect of a commercial exhibition facility must, in addition to the compulsory conditions contemplated in subregulation (1), be subject to a condition that the permit holder must, if it is a travelling exhibition, obtain a permit to convey the specimens to which the permit relates, from the issuing authority of the province to which it will be going, and to the extent possible, at least 30 days prior to travelling to such province.

 

(5)A permit issued in respect of a rehabilitation facility must, in addition to the compulsory conditions contemplated in subregulation (1), be subject to a condition that—
(a)a specimen of a listed threatened or protected species may not be kept by the holder of the permit for a period that exceeds the period reasonably required for the rehabilitation of such specimen; and
(b)the necessary steps must be taken to prevent the specimens kept in such rehabilitation facility to become accustomed to human activities or intervention.

 

(6)The issuing authority may determine the conditions relating to the fate of a specimen of a listed threatened or protected species where the rehabilitation of such specimen is not possible.