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 Elephants27. Roaming elephants |
| (1) | The obligation to manage a roaming elephant whose origin cannot readily be determined lies with the relevant provincial conservation authority or the owner, manager or other person in control of the property onto which the elephant has roamed, in consultation with the provincial conservation authority. |
| (2) | The owner, manager or other person in control of the property onto which the elephant has roamed, must report such an incident to the issuing authority within 24 hours of becoming aware of the roaming elephant. |
| (3) | The owner,manager or other person in control of the property onto which the elephant has roamed may— |
| (a) | apply for a permit to— |
| (i) | capture the roaming elephant or arrange for it to be captured; |
| (ii) | keep, or take possession of, the elephant, in which case such owner or manager must submit a management plan to the relevant issuing authority in accordance with paragraph 6,for approval; |
| (iii) | hunt or arrange for the roaming elephant to be hunted; or |
| (iv) | have the roaming elephant destroyed at his own cost; or |
| (b) | request that the issuing authority take responsibility for the roaming elephant. |
| (4) | The relevant provincial conservation authority is responsible to immediately take such steps as it deems appropriate to manage the roaming elephant if— |
| (a) | notwithstanding the provisions of subparagraph (3)(a), it is of the view that the elephant poses an immediate threat to people or the elephant has become a damage-causing animal; or |
| (b) | the owner, manager or other person in control of the property onto which the elephant has roamed requests the issuing authority to take responsibility for the elephant in terms of subparagraph (3)(b). |
| (5) | The issuing authority must take into account international agreements and management plans that may apply to transfrontier conservation areas, when considering a permit for the hunting or culling of a roaming elephant. |
| (6) | The requirement of paragraph 6(1) in respect of the management of a roaming elephant does not apply to the owner, manager or other person in control of the property onto which an elephant has roamed, unless he or she intends to keep the elephant in terms of subparagraph (3)(a)(ii). |