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 6 : Recognition of Associations or Organisations associated with registered persons or facilities

68. Recognition of associations or organisations

Purchase

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(1)	Any association or organisation representing persons or facilities that are registered in terms of these Regulations, may apply in writing to the Director-General for recognition.

(2)	An application contemplated in subregulation (1) may be approved if the applicant—

(a)	is a juristic person;

(b)	can provide proof that it represents a substantial proportion of its sector on a national level;

(c)	can provide proof that it will be able to perform a function, excluding the function to issue a permit, or provide support to the relevant sector to the same standard as the issuing authority or delegated entity;

(d)	has adopted a code of responsible conduct and good practices, which is—

(i)	ascribed to by its members;

(ii)	aligned with the objectives of the Biodiversity Act; and

(iii)

acceptable to the Director-General;

(e)	gives a written undertaking to the Director-General that it will—

(i)	enforce its code of responsible conduct and good practices against members who breach the code; and

(ii)	report to the issuing authority any case of alleged criminal conduct by any of its members involving the carrying out of a restricted activity or a breach of any conditions subject to which any permit was granted to such member; and

(f)	has a clear policy on broad-based black economic empowerment to include persons from disadvantage communities as members.

(3)	The Director-General must inform an association in writing of the outcome of its application in terms of subregulation (1) and (2), and provide reasons if the decision is to not recognise such association.