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 9 : Management of specimens of listed threatened or protected animal species that are damage-causing animals86. Management measures |
| (1) | The following management measures may be considered by the issuing authority if a damage-causing animal originates from land other than a national protected area: |
| (a) | capture and relocation of the damage-causing animal by— |
| (i) | the issuing authority; |
| (ii) | the management authority of the applicable protected area; or |
| (iii) | any other person; or |
| (b) | killing the damage-causing animal by— |
| (i) | the issuing authority; |
| (ii) | the management authority of the applicable protected area; or |
| (iii) | any other person. |
| (2) | The person contemplated in subregulation (1)(a)(iii) or (1)(b)(iii)— |
| (a) | must be in possession of a permit issued by the issuing authority in accordance with these Regulations; |
| (b) | must be designated in writing by the management authority of the protected area if the damage-causing animal originates from a protected area; and |
| (c) | may not be a hunting client, or be accompanied by a hunting client. |
| (3) | The issuing authority, management authority of a protected area or any other person contemplated in subregulation (1)(a) and (b) may use the methods contemplated in subregulation (9) to capture and relocate or kill the damage-causing animal. |
| (4) | In the case of a damage-causing animal originating from a national protected area, the management measures contemplated in subregulation (1) must be carried out in accordance with the written agreement contemplated in regulation 85(6) of these Regulations. |
| (5) | Notwithstanding the provision of subregulation (2)(a) a person may kill a damage-causing animal without a permit in an emergency or life-threatening situation,or to prevent the suffering of a wounded damage-causing animal. |
| (6) | If a person kills a damage-causing animal in the circumstances contemplated in subregulation (5), the person must, within 24 hours after the damage-causing animal has been killed— |
| (a) | inform the issuing authority of the incident; and |
| (b) | surrender the remains of the damage-causing animal to the issuing authority to be disposed of in an appropriate manner. |
| (7) | The issuing authority must evaluate the evidence in the circumstances contemplated in subregulation (5) and— |
| (a) | consider whether or not in the circumstances of such incident, to institute criminal proceedings; and |
| (b) | take appropriate steps to institute criminal proceedings where relevant. |
| (8) | If the issuing authority decides to institute criminal proceedings, the issuing authority must report the incident and the steps contemplated in subregulation (7)(b) in writing to the Department as soon as reasonably possible. |
| (9) | Notwithstanding the provisions of regulations 73 and 74 of these Regulations the issuing authority, the management authority of a protected area or the person contemplated in subregulation (1)(a) and (b) may— |
| (a) | catch a damage-causing animal by means of— |
| (i) | darting; |
| (ii) | hounds,only for the purpose of— |
| (aa) | tracking a wounded damage-causing animal; or |
| (bb) | pointing,flushing and retrieving a damage-causing animal; or |
| (iii) | a leghold trap; |
| (b) | kill a damage-causing animal by means of— |
| (i) | poison, only in accordance with the provisions of the Hazardous Substances Act, 1973 (Act No. 15 of 1973) and any norms and standards relating to the management of damage-causing animals (if applicable); or |
| (ii) | a firearm suitable for hunting purposes, which may be fitted with a silencer; or |
| (c) | catch or kill a damage-causing animal— |
| (i) | by luring the damage-causing animal by means of sound or smell; |
| (ii) | by means of bait and trap cages; |
| (i) | by means of flood lights, spot lights or any other specialized lighting equipment, including but not limited to infrared; |
| (ii) | from a motorized vehicle; or |
| (iii) | from an air craft. |
| (10) | A permit for the use of poison contemplated in subregulation (9)(b)(i) may be issued in terms of Chapter 7 of the Biodiversity Act, only if the application for such permit is accompanied by a copy of a permit issued in terms of the Hazardous Substances Act, 1973 (Act No. 15 of 1973). |