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 6 - Requirements relating to elephant ivory, rhinoceros and rhinoceros horn33. Requirements for a permit authorizing possession of rhinoceros horn |
| (1) | A permit application relating to the possession of rhinoceros horn must be accompanied by the following: |
| (a) | circumference of the base, the length along the inner curve as well as the length along the outer curve, measured from base to tip following the curve; |
| (b) | where practically possible, the weight to the nearest gram; and |
| (c) | a photograph. |
| (2) | The issuing authority must be satisfied that the quality of the photograph contemplated in subregulation 1(c) is adequate for easy identification of such rhinoceros horns. |
| (3) | An official of the relevant issuing authority must conduct an inspection of the rhinoceros horn to verify the correctness of the information supplied by the applicant, prior to the issuance of a permit to authorize possession of the rhinoceros horn an. |
| (4) | In addition to the requirement of regulation 4(1) of these Regulations, a person in possession of any rhinoceros horn that is 5cm or more in length, irrespective of the weight of such rhinoceros horn,must apply to the relevant issuing authority to have such horn marked. |
| (5) | The issuing authority must, if it is satisfied that the possession of the rhinoceros horn is lawful— |
| (a) | mark such horn by means of— |
| (i) | a microchip,to the extent possible, or by any other means of identification as approved by the Director-General; and |
| (ii) | indelible ink or punch die, using the formula ZA/serial number/year/weight/RH; |
| (b) | record the circumference at the base, as well as the inner and outer length from base to tip of such rhinoceros horn; and |
| (c) | capture all the information contemplated in paragraphs (a) and (b) above, including the micro-chip number, in the departmental database. |
| (6) | The year referred to in the formula contemplated in subregulation (5)(a)(ii) must reflect the year of recovery or acquisition of the rhinoceros horn from the wild. |
| (7) | The issuing authority must mark the rhinoceros horn at the expense of the person applying for such marking. |
| (8) | An application contemplated in subregulation (1) in respect of rhinoceros horn that has already been marked in accordance with other applicable legal requirements, must be accompanied by proof of such marking. |
| (9) | The issuing authority must, if it is satisfied that the marking requirements contemplated in subregulation (5) have been met, accept the existing marking and reflect the marking information on the permit. |
| (10) | A person who is the owner of a rhinoceros horn must first follow the procedure set out above in respect of the possession and marking of such rhinoceros horn, before he or she may process such rhinoceros horn in any manner, including but not limited to— |
| (a) | cutting; |
| (b) | powdering; |
| (c) | creating slivers, chips or drill bits; or |
| (d) | removing layers. |