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 7 : Prohibition of specific restricted activities under certain circumstances

72. Prohibition of the conveyance, movement or translocation of a specimen of a listed threatened or protected animal species under certain circumstances
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(1) A person may not convey,move or otherwise translocate a specimen of a listed threatened or protected species to a national protected area, if—
(a)such national protected area falls outside the natural distribution range of the particular species; or
(b)the genetic make-up or integrity—
(i)of the specimen to be conveyed, moved or otherwise translocated has in any way been compromised; or
(ii)of the species already occurring in the national protected area has the potential to be compromised in any way as a result of such conveyance, movement or translocation.

 

(2)The prohibition contemplated in subregulation (1) does not apply if the conveyance, movement or otherwise translocation is necessary for the conservation of the species.

 

(3)A person may not convey, move or otherwise translocate a live specimen of a listed threatened or protected species from any property, if such specimen is kept on the property together with a specimen of another species or sub-species which it is likely to hybridize with, unless—
(i)the genotyping of such specimen has been done in accordance with regulation 31 of these Regulations; and
(ii)the DNA certificate confirms that such specimen is not a hybrid.

 

(4)Notwithstanding the provisions contemplated in subregulations (1) and (3), a person may not convey, move or otherwise translocate a live specimen of a listed threatened or protected animal species to or from any property if there is a risk of transmitting a disease, and such conveyance, movement or otherwise translocation is not authorized in terms of any other applicable legislation.