National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsNational Norms and Standards for the Management of Elephants in South Africa, 2023 - effective 1 April 2023Chapter 2 : General Management of ElephantsPart 5 : Escaped or Roaming Elephants26. Escaped elephants |
| (1) | The obligation to manage an elephant that has escaped, whether from a protected area or an area other than a protected area, lies with the responsible person. |
| (2) | The relevant provincialconservation authority— |
| (a) | may, to the extent provided for in subparagraph (7), assume responsibility for the management of the escaped elephant; and |
| (b) | must, to the extent possible, contact the relevant research group if the elephant is a collared elephant, to provide the research group the opportunity to arrange for such elephant to be captured and returned to the property it has escaped from. |
| (3) | The responsible person must apply to the relevant issuing authority for a permit to— |
| (a) | capture the escaped elephant, or arrange for it to be captured, and |
| (i) | return it to the property it has escaped from; or |
| (ii) | transport it to another suitable extensive wildlife system; or |
| (b) | subject to the written approval of the owner, manager or other person in control of the property onto which the elephant has escaped— |
| (i) | hunt the escaped elephant or arrange for it to be hunted;or |
| (ii) | destroy the escaped elephant or arrange for the escaped elephant to be destroyed. |
| (4) | Should the responsible person fail to apply for a permit to take steps referred to in subparagraph (3), within 48 hours of becoming aware or having been notified of the escape of his or her elephant, the owner, manager or other person in control of the property onto which the elephant has escaped may— |
| (a) | apply for a permit to— |
| (i) | capture the escaped elephant and return it to its normal range; |
| (ii) | keep the elephant; |
| (iii) | hunt or arrange for the escaped elephant to be hunted; or |
| (iv) | destroy or have the escaped elephant destroyed; and |
| (b) | recover the cost incurred in terms of item (a)(i) or {iv) from the responsible person. |
| (5) | An application referred to in subparagraph (4) must be accompanied with proof that the responsible person has been notified that the elephant has escaped from its normal range, and of the area in which it is currently ranging. |
| (6) | The requirements contemplated in Paragraph 6 relating to a management plan to manage an escaped elephant does not apply to the owner, manager or other person in control of the property onto which an elephant has escaped, unless— |
| (a) | the responsible person relinquishes ownership of the elephant in writing; and |
| (b) | owner, manager or other person in control of the property onto which an elephant has escaped, intends to keep the elephant in terms of subparagraph (4)(a)(ii). |
| (7) | The relevant provincial conservation authority may take the steps it deems appropriate to manage the escaped elephant if— |
| (a) | notwithstanding the provisions of subparagraphs (3) or (4), it is of the view that the elephant poses an immediate threat to people or the elephant has become a damage-causing animal; |
| (b) | the responsible person fails to expeditiously take steps pursuant to a permit granted in terms of subparagraph (3); |
| (c) | the owner, manager or other person in control of the property onto which the elephant has escaped fails to expeditiously take steps pursuant to a permit granted in terms of subparagraph (4); or |
| (d) | it otherwise determines that it is necessary to take such steps. |