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 7 : Prohibition of specific restricted activities under certain circumstances75. General circumstances relating to the prohibition to import, export or re-export a specimen of a listed threatened or protected species |
| (1) | A person may not import a specimen of a listed threatened or protected species, unless it is authorized— |
| (a) | by a permit issued in accordance with these Regulations; and |
| (b) | to the extent applicable, in terms of the CITES Regulations. |
| (2) | A permit in terms of section 57(1) of the Biodiversity Act is not required for the export or re-export of a specimen of a listed threatened or protected species that is also included in the annexures of CITES, provided that an export or re-export permit for such specimen has been issued in terms of section 57(1A) of the Biodiversity Act. |
| (3) | Notwithstanding the provision contemplated in subregulation (2), a person may not export or re-export a specimen of Diceros bicornis, Ceratotherium simum or a specimen of an Encephalartos species, unless it is authorized by a permit issued in terms of— |
| (a) | section 57(1) of the Biodiversity Act; and |
| (b) | section 57(1A) of the Biodiversity Act. |
| (4) | A person may not import, export or re-export a specimen of a listed threatened or protected species through a port of exit or entry other than the following— |
| (a) | land ports— |
| (i) | Beit Bridge border post; |
| (ii) | Golela border post; |
| (iii) | Jeppes Reef border post; |
| (iv) | Lebombo border post; |
| (v) | Maseru border post; |
| (vi) | NaKop border post; |
| (vii) | Ramatlabama border post; or |
| (viii) | Vioolsdrift border post; or |
| (b) | airports and harbours— |
| (i) | Cape Town International Airport; |
| (ii) | O.R. Tambo International Airport; |
| (iii) | King Shaka International Airport; |
| (iv) | Port Elizabeth International Airport; |
| (v) | Kruger - Mpumalanga International Airport; |
| (vi) | Cape Town Harbour; |
| (vii) | Durban Harbour; or |
| (viii) | Port Elizabeth Harbour. |
| (5) | Notwithstanding the provision contemplated in subregulation (4), the Minister may in exceptional circumstances grant written permission for an alternative port to be used for the import, export or re-export of a live specimen of a listed threatened or protected species, if the survival of such specimen may be at risk. |
| (6) | Notwithstanding the provision of subregulation (4), a person may not import, export or re-export a rhinoceros horn through a port of entry or exit other than O.R. Tambo International Airport. |
| (7) | Notwithstanding the provision of subregulations (1) and (4), a live specimen of a listed threatened or protected species may not be imported unless a blood sample of such specimen has been collected for genotyping and the results of such genotyping are made available to the relevant issuing authority. |