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 1 : Interpretation and Purpose of these Regulations

2. Purpose and application of these Regulations
Purchase cart Previous page Return to chapter overview Next page

 

(1) The purpose of these Regulations is to—
(a) further regulate the permit system set out in Chapter 7 of the Biodiversity Act insofar that such system applies to restricted activities involving specimens of listed threatened or protected species;
(b) provide for the registration and regulation of—
(i)captive breeding facilities;
(ii)rehabilitation  facilities;
(iii)sanctuaries;
(iv)temporary holding facilities;
(v)scientific institutions;
(vi)commercial exhibition facilities;
(vii)nurseries;
(viii)game farms; and
(ix)wildlife translocators;
(c)regulate the manner in which specific restricted activities may be carried out;
(d)prohibit the manner in which specific restricted activities may be carried out; and
(e)provide for the composition and operating procedures of the Scientific Authority.

 

(2)These Regulations apply to the carrying out of restricted activities involving specimens of listed threatened or protected species.

 

(3) These Regulations do not apply to non-indigenous subspecies of listed threatened or protected species, unless specifically listed as a protected species in terms of section 56(d) of the Biodiversity Act.

 

(4)Notwithstanding the provision of subregulation (3), these Regulations, in respect of rhinoceros species, apply to—
(a)Ceratotherium simum simum;
(b)Diceros bicornis bicornis;
(c)Diceros bicornis minor, and
(d)Diceros bicornis michaeli.

 

(5)These Regulations must be applied alongside—
(a)the species listing notice;
(b)the CITES Regulations as far as it relates to the import, export or re-export of specimens of listed threatened or protected species;
(c)the AIS Regulations as far as it relates to the import of a specimen of a listed threatened or protected species;
(d)applicable norms and standards issued in terms of the Biodiversity Act;
(e)applicable provincial legislation; or
(f)any other applicable legislation that have implications for listed threatened or protected species.

 

(6)A person who has obtained a permit in terms of the Biodiversity Act or a registration in terms of these Regulations, is not absolved from obtaining a permit or authorization in terms of any other applicable legislation if so required, or to comply with the requirements of such other applicable  legislation.

 

(7)When the nomenclature of a listed threatened or protected species is revised, the listed name of such species will continue to be applicable until the list is updated, and these Regulations will apply to all specimens that fitted the description at the time of listing, even if a new scientific name is assigned to the particular species.