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 2 : Permit System for Listed Threatened or Protected Species

Part 1 - Carrying out restricted activities and types of permits

4. Carrying out a restricted activity

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(1)A person may carry out a restricted activity involving a specimen of a listed threatened or protected species, only if he or she is the holder of a permit issued—
(a)in terms of Chapter 7 of the Biodiversity Act; and
(b)in accordance with these Regulations;

unless the Minister has exempted the carrying out of such restricted activity involving such specimen in terms of section 57(4) of the Biodiversity Act.

 

(2)If the Minister has not exempted the carrying out of a restricted activity in terms of section 57(4) of the Biodiversity Act, a person must obtain a permit to carry out such restricted activity, irrespective of whether—
(a)such person has been granted written permission by the owner—
(i)of the land or property where the restricted activity will be carried out, or
(ii)of the specimen in respect of which the restricted activity will be carried out; and
(b) the owner contemplated in paragraph (a) is in possession of a permit to carry out such restricted activity himself or herself.