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 5 : Renewal, Amendment and Cancellation of Permits and RegistrationsPart 2 - Cancellation of permits and registrations63. Cancellation of a permit or registration |
| (1) | The issuing authority may cancel a permit or a registration if— |
| (a) | the holder of the permit or registration has breached a condition subject to which the permit or registration certificate was issued; |
| (b) | the holder of a permit or registration operates in a manner which is— |
| (i) | detrimental to the specimens being bred, reared, propagated, traded or kept at such facility or by such person; or |
| (ii) | not in accordance with any information provided to the issuing authority; |
| (c) | any of the circumstances subject to which the permit or registration has been issued, has changed; or |
| (d) | there is a change in the conservation status of the species involved being bred, reared, propagated, traded or kept by a permit holder or at such facility that affects the continuation of the permit or registration. |
| (2) | In addition to the provisions of subregulation (1), the relevant issuing authority may cancel a registration if the holder of such registration has been convicted of an offence in terms of the Biodiversity Act. |
| (3) | The issuing authority must cancel the registration of a game farm, if— |
| (a) | the certificate of adequate enclosure of the game farm has not been renewed by the relevant issuing authority within a period of six months after the expiry date of such certificate; or |
| (b) | any part of the land in respect of which the registration was issued— |
| (i) | is sold; or |
| (ii) | subdivided by fences into smaller areas. |
| (4) | An issuing authority considering the cancellation of a permit or a registration in terms of subregulation (1) or (2) must— |
| (a) | notify the holder of such permit or registration that cancellation of the permit or registration is being considered, together with the reasons for the proposed cancellation; and |
| (b) | afford the holder of the permit or registration a reasonable opportunity to submit representations regarding the proposed cancellation in terms of the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000). |
| (5) | After having reached a decision on the cancellation of the permit or registration, the issuing authority must— |
| (a) | notify the holder of the permit or registration in writing of the decision; and |
| (b) | if the decision is to cancel the permit or registration— |
| (i) | instruct the holder of the permit or registration to return the permit or registration certificate within 30 days; and |
| (ii) | inform the holder of the permit or registration of the right to appeal against the decision and the appeal procedure to be followed in accordance with the national Appeal Regulations. |
| (6) | The holder of a cancelled registration must be provided an opportunity to rectify the circumstances that have led to the cancellation of the registration, and to apply for the re-issuance of the registration within 90 working days of the cancellation, in which case the issuing authority may issue the registration with retrospective effect. |