| (1) | A wild elephant may not be translocated if it— |
| (a) | is intended to be kept in a controlled environment, other than in terms of paragraph 5(2) and in accordance with subparagraph (2); |
| (b) | has a history of crop raiding,fence breaking, damaging property or aggression towards humans or livestock— |
| (i) | to an area where there is a risk of damage from similar behaviour; and |
| (ii) | such risk cannot be mitigated; or |
| (c) | has previously been translocated,except under extraordinary circumstances, which include but are not limited to, the following: |
| (i) | for the purpose of reducing the population size as an alternative to culling; |
| (ii) | if it is in the best interest of the national elephant population; |
| (iii) | if it is in the best interest of the affected population or population at risk; or |
| (iv) | in the case of a change in land ownership of land use. |
| (2) | A wild elephant may be translocated, only if it is— |
| (a) | part of a social unit, and— |
| (i) | the entire social unit is translocated; and |
| (ii) | the calves are more than 2 months old; |
| (b) | a bull to be introduced to an area where— |
| (i) | there is an existing social unit that has successfully established a home range for a period of three months; or |
| (ii) | a social group is intended to be introduced together with the bull or subsequent to the successful establishment of the bull; or |
| (c) | for purposes of temporary captivity. |
| (3) | If elephants are captured within a protected area for the purpose of translocation, or to be introduced into a protected area, the capture or introduction, as the case may be, must be in accordance with an approved management plan for the protected area involved. |
| (4) | Immediately prior to offloading into a release camp, the matriarch, other adults and juveniles must, if necessary,be sedated. |
| (5) | No wild or captive elephant may be— |
| (a) | imported into the Republic; or |
| (b) | exported from the Republic, |
for the purposes of keeping it in a controlled environment, except in terms of paragraph 11(b)(i), or in terms of subparagraph (6).
| (6) | Captive elephants which are part of a bona tide circus may be temporarily imported or exported for a limited, specified period, not exceeding the period of performance, for the sole purpose of use in the circus. |
