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 9 : Management of specimens of listed threatened or protected animal species that are damage-causing animals

85. Duty of care
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(1) Any person whose activities may result in conflict with specimens of listed threatened or protected animal species, has a general duty of care to implement reasonable measures to limit or prevent damage being caused by damage-causing animals.

 

(2)Reasonable measures contemplated in subregulation (1) may include, but are not limited to, the measures contained in any applicable norms and standards issued in terms of section 9 of the Biodiversity Act, or guidelines, as the case may be.

 

(3)A person or group of persons experiencing damage or loss caused by damage-causing animals must report such damage or loss to the issuing authority, as soon as possible after becoming aware of such damage or loss.

 

(4)The issuing authority must determine, or may appoint a person to determine on its behalf, whether an individual specimen, or a group of specimens, of a listed threatened or protected species, as the case may be, is responsible for the damage or loss contemplated in subregulation (3) and can be deemed a damage-causing animal, or are damage-causing animals, as the case may be.

 

(5)The issuing authority must take the following factors into consideration when determining whether an individual specimen, or group of specimens, of a listed threatened or protected species is a damage-causing animal, or are damage-causing animals, as the case may be—
(a)actual loss of livelihood or revenue, or potential of further loss of livelihood or revenue;
(b)the frequency of the damage or loss experienced;
(c)whether reasonable measures to prevent damage being caused by a damage causing animal or damage-causing animals, as the case may be, have been taken; or
(d)any other factor that is deemed relevant by the issuing authority.

 

(6)The MEC of a province where a national protected area exists must enter into a written agreement with the management authority of such national protected area in relation to the management of damage-causing animals originating from such national protected area.