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 3 : Registration of Captive Breeding Facilities, Rehabilitation Facilities, Sanctuaries, Temporary Holding Facilities, Scientific Institutions, Commercial Exhibition Facilities, Nurseries, Game Farms and Wildlife Translocators

Part 2 - Consideration of registration applications

48. Factors to be taken into account by the issuing authority when considering a registration application
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(1) When considering an application for registration,the issuing authority must consider whether—
(a)all applicable legal requirements have been complied with;
(b)an applicant is under investigation for, or has been convicted of, an offence in terms of the Biodiversity Act; and
(c)an application for registration has previously been refused or cancelled.

 

(2) The issuing authority must, in addition to the provisions of subregulation (1) and to the extent applicable, also take into account—
(a) whether the species to which the application relates is listed in terms of section 56 of the Biodiversity Act as a critically endangered species, an endangered species, a vulnerable species or a protected species;
(b)the purpose for which the captive breeding facility, rehabilitation facility, sanctuary , temporary holding facility, scientific institution, commercial exhibition facility, nursery or game farm is conducted;
(c)whether the applicant is prepared to mark, where appropriate, each specimen of the listed threatened or protected species bred or kept at the relevant captive breeding facility, rehabilitation facility, sanctuary, temporary holding facility, scientific institution, commercial exhibition facility, nursery, game farm, or specimens associated with operating as a wildlife translocator; and
(d)any other relevant factor.

 

(3) When considering an application for the registration of a game farm, the issuing authority must take into account whether the game farm is adequately enclosed in terms of a certificate of adequate enclosure for the species to which the registration application applies.