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 2 - Consideration of registration applications49. Decision on a registration application and issuance of the registration |
| (1) | On receipt of a complete application, the issuing authority must, within 60 working days— |
| (a) | conduct an inspection of the premises to which the application relates; |
| (b) | consider and decide on the application; and |
| (c) | issue the registration certificate, if the decision is to grant the application. |
| (2) | If the issuing authority has requested additional information in terms of regulation 47 of these Regulations, the issuing authority must consider and decide on the application, and if the decision is to grant the registration, then issue the registration certificate within 30 working days of receipt of the additional information. |
| (3) | The issuing authority may issue the registration certificate subject to the conditions it deems necessary. |
| (4) | If the decision of the issuing authority is to issue the registration certificate subject to certain conditions, the issuing authority must— |
| (a) | give reasons for the decision to the applicant, if required by the applicant; and |
| (b) | inform the applicant of his or her right to appeal against the decision and the appeal procedure to be followed in accordance with the national Appeals Regulations. |
| (5) | If the decision of the issuing authority is to refuse the application, the issuing authority must, within 30 working days, inform the applicant of— |
| (a) | its decision; |
| (b) | the applicant's right to appeal against the decision of the issuing authority; and |
| (c) | the appeal procedure to be followed in accordance with the national Appeal Regulations. |
| (6) | If the issuing authority is unable to comply with the timeframes contemplated in subregulations (1) and (2), the issuing authority must— |
| (a) | provide reasons in writing to the applicant, prior to the lapsing of such timeframe,as to why it is unable to comply with such timeframe; and |
| (b) | indicate to the applicant a reasonable time frame relative to the complexity of the application, in which the decision will be made. |
| (7) | The failure to make a decision within the prescribed time frames contemplated in subregulations (1) and (2) does not render the operating of a captive breeding facility, rehabilitation facility, sanctuary, temporary holding facility, scientific institution, commercial exhibition facility or nursery, or operating as a wildlife translocator, by the applicant as lawful. |
| (8) | The issuing authority may issue a registration with retrospective effect, only as contemplated in regulation 63(6) of these Regulations. |