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 8 : The regulation of specific restricted activities involving certain listed threatened or protected species79. General considerations with regards to the conveyance, movement or otherwise translocation of live specimens of listed threatened or protected species |
| (1) | When conveying, moving or otherwise translocating a live specimen of a listed threatened or protected species, due regard must be given to the risks associated with such conveyance, movement or otherwise translocation, namely— |
| (a) | ecological risks, which may include— |
| (i) | damage to, or destruction of, the habitat into which such specimen will be released; |
| (ii) | competition between the specimen to be released in a particular habitat and an indigenous species already occurring in that particular habitat, for living space and/ or resources; or |
| (iii) | an adverse climatic effect on the translocated specimen; |
| (b) | genetic risks,which may result in the loss of the genetic fitness of populations of the released species or other indigenous species; |
| (c) | pathogenic risks, which may result in the exposure to diseases of the released specimen, or the spreading of diseases to livestock or other indigenous species by the released specimen; |
| (d) | social risks, which may result in human-wildlife conflict; and |
| (e) | financial risks, which may arise from remedial action as a result of any damage caused by the translocated specimen. |
| (2) | The issuing authority may consider the introduction of a specimen of a listed threatened or protected species if— |
| (a) | the issuing authority is satisfied that such specimen is not likely to cause an unmanageable negative impact on the environment of the area into which it will be introduced; and |
| (b) | no factor is present in the new habitat outside its natural distribution range that may be detrimental to the ability of such specimen to adapt to such habitat. |
| (3) | Specimens of a listed threatened or protected species should not be re-introduced into an area if the factors that caused the local disappearance or extinction of such species still exist on the property onto which, or in the area into which, such specimens are intended to be re-introduced. |
| (4) | A live specimen of a listed threatened or protected species may be translocated if the measures that are implemented to manage the risks contemplated in subregulation (1) are adequate to minimise any harmful effect to— |
| (a) | the specimen to be translocated; |
| (b) | specimens of any indigenous species already occurring in the receiving habitat; or |
| (c) | to the receiving habitat itself. |