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 2 : Permit System for Listed Threatened or Protected SpeciesPart 2 - Permit application procedure9. Compulsory information to be submitted with certain applications |
| (1) | If an applicant intends to carry out the restricted activity or activities, as the case may be, on land of which he or she is not the owner, or in respect of a specimen of a listed threatened or protected species of which he or she is not the owner,the applicant must— |
| (a) | in the case of a specimen of a listed critically endangered species, obtain the written consent from the owner on whose land the restricted activity will be carried out, and submit such consent together with the application to the relevant issuing authority; or |
| (b) | in the case of a specimen of a listed endangered, vulnerable or protected species, obtain the written consent from the owner on whose land the restricted activity will be carried out, prior to carrying out of such restricted activity. |
| (2) | Subregulation (1) does not apply— |
| (a) | to the management of a damage-causing animal by an official of a provincial conservation authority, if such damage-causing animal poses an imminent threat to human life; or |
| (b) | if the restricted activity, or activities, as the case may be, is carried out for enforcement purposes. |
| (3) | Notwithstanding the provision of subregulation (1)(a), written consent in relation to a biodiversity survey involving a specimen of a critically endangered species may be obtained from the owner on whose land such biodiversity survey will be conducted, after the permit has been issued, but prior to the conducting of such biodiversity survey. |
| (4) | If the application relates to a juristic person, the application form must be accompanied by the necessary written consent from such juristic person, authorizing a particular individual to apply for the permit on behalf of such juristic person. |
| (5) | If the application relates to the hunting of a specimen of Diceros bicomis or Ceratotherium simum by a hunting client, the following documentation must be submitted together with the application form— |
| (a) | proof of membership of a hunting association in the country of usual residence of the hunting client (if applicable). The hunting association must be recognised by the government of the country of residence of the hunting client; |
| (b) | a Curriculum vitae, indicating the hunting client's hunting experience in his or her country of usual residence, and proof of previous experience in the hunting of any mammalian game species indigenous to Africa; |
| (c) | certified copy of the hunting client's passport; and |
| (d) | any additional information that may be required by the relevant issuing authority. |
| (6) | If the application relates to a permit for scientific purposes, the following documentation and information must be submitted together with the application form— |
| (a) | a written project proposal,approved by— |
| (i) | the institution, including a tertiary institution, in conjunction with which the research is conducted;or |
| (ii) | the relevant issuing authority, in the case where the research is not conducted in conjunction with an institution contemplated in subparagraph (i); |
| (b) | ethical approval by the institution contemplated in paragraph (a)(i), or, to the extent applicable, by the institution or organisation to which the application relates;and |
| (c) | information on the contribution of the research to be conducted by the applicant, to the conservation of the listed threatened or protected species to which the research relates. |
| (7) | If the application relates to a permit in respect of a wildlife trader, taxidermist or freight agent, the following documentation and information must be submitted together with the application form— |
| (a) | documentation indicating legal acquisition of the specimens involved; |
| (b) | current and anticipated stock to be kept; |
| (c) | past, current and anticipated turnover of stock; |
| (d) | information relating to record keeping; and |
| (e) | security measures to prevent the escape of specimens, where applicable, or the theft of specimens. |
| (8) | In addition to the information contemplated in subregulations (1), (4), (5), (6) and (7), the issuing authority may request any other relevant information it deems necessary, in terms of section 88 of the Biodiversity Act. |