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 3 : Registration of Captive Breeding Facilities, Rehabilitation Facilities, Sanctuaries, Temporary Holding Facilities, Scientific Institutions, Commercial Exhibition Facilities, Nurseries, Game Farms and Wildlife TranslocatorsPart 1 - Registration of persons or facilities37. Issuing authorities for registration of persons or facilities |
| (1) | The Minister is the issuing authority responsible for deciding an application for registration contemplated in regulation 35(1) of these Regulations in respect of specimens of listed threatened or protected species— |
| (a) | in a national protected area; or |
| (b) | applied for by an official, on behalf of— |
| (i) | a provincial department or provincial organ of state responsible for the conservation of biodiversity in a province; |
| (ii) | a national protected area; |
| (iii) | the South African National Biodiversity Institute; or |
| (iv) | an organ of state in the national sphere of government. |
| (2) | The MEC for Environmental Affairs is the issuing authority responsible for deciding an application for registration in instances not listed in subregulation (1). |
| (3) | Notwithstanding subregulations (1) and (2) the Minister and the MEC for Environmental Affairs may in writing agree that any application for registration— |
| (a) | contemplated in subregulation (1) may be decided by the MEC for Environmental Affairs; or |
| (b) | contemplated in subregulation (2) may be decided by the Minister. |