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

76. Specific circumstances relating to the prohibition to possess and trade in specimens of listed threatened or protected species that are also included in Appendix 1 of CITES

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(1) A person may not be in possession of—
(a)an imported specimen of a listed protected species that is also included in Appendix 1 of CITES; or
(b)the off-spring of the imported specimen contemplated in paragraph (a);

unless such possession is authorized by a permit issued in accordance with these Regulations.

 

(2)A person may not sell or donate an imported specimen contemplated in subregulation (1)(a), unless—
(a)such imported specimen originates from a commercial captive breeding facility that has been registered with the CITES Secretariat; and
(b)the selling or donation of such specimen is authorized by a permit issued in accordance with these Regulations.

 

(3)A permit is not required in terms of section 57(1) of the Biodiversity Act for the selling or donating of the off-spring of an imported specimen contemplated in subregulation (1)(a).