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 1 : General provisions6. Management plans |
| (1) | The responsible person must— |
| (a) | prepare a management plan— |
| (i) | in the case of wild elephants, with the assistance of a professional natural scientist who has adequate knowledge and experience in matters relating to elephant management ; or |
| (ii) | in the case of a captive elephant, with the assistance of a veterinarian or an elephant welfare specialist; and |
| (b) | submit the management plan to the relevant issuing authority for approval. |
| (2) | A management plan must— |
| (a) | contain the information set out in— |
| (i) | Annexure I in respect of wild elephants; or |
| (ii) | Annexure II in respect of a captive elephant; |
| (b) | in addition to the information set out in Annexure I, contain an introduction assessment referred to in paragraph 7, in respect of the introduction of elephants into an extensive wildlife system; |
| (c) | take into consideration the principles contained in paragraph 3; |
| (d) | be consistent with any biodiversity management plan developed in terms of section 43 of the Biodiversity Act, a management plan developed in terms of section 39 of the Protected Areas Act, or a management plan in relation to a transfrontier conservation area; |
| (e) | identify the potential for conflict between people and elephants in or on the borders of the area of enclosure and provide for emergency plans in the event of theescape of an elephant, including measures to deal with such an emergency; and |
| (f) | identify interventions likely to be made and management measures likely to be adopted, based on the principle of adaptive management. |
| (3) | When the issuing authority receives the management plan, it must consider the information and— |
| (a) | if all relevant information is provided,approve the management plan within 60 working days of receiving the information contemplated in subparagraph (2); or |
| (b) | request the relevant additional or outstanding information it deems necessary, and upon receipt of the outstanding information, approve the management plan within 60 working days of receiving the additional or outstanding information. |
| (4) | The issuing authority may appoint a panel of specialists, of whom at least one member must be a professional natural scientist who has adequate knowledge and experience in matters relating to elephant management, to assist with the evaluation of the management plan, or to make recommendations thereon to the relevant issuing authority. |
| (5) | Notwithstanding subparagraph (1)(b), a management plan in respect of the management of elephants in a protected area may be developed as part of a management plan for a protected area in terms of section 39(2} of the Protected Areas Act, in which case such management plan must— |
| (a) | contain the information referred to in subparagraph (2); and |
| (b) | be approved by the Minister or the MEC, as the case may be. |
| (6) | A management plan referred to in subparagraph (1) that has been approved by the relevant issuing authority in respect of elephants occurring in a protected area, may be incorporated into the management plan referred to in subparagraph (5), of that protected area. |
| (7) | Notwithstanding paragraph 4(2)(a), if the responsible person must carry out a restricted activity that is a required management intervention in respect of his or her elephants, but such restricted activity has not been included in the approved management plan, the issuing authority may nevertheless issue a permit for the carrying out of such restricted activity, except for culling, provided that— |
| (a) | the intervention is necessary and appropriate for the achievement of the objectives of the controlled environment or extensive wildlife system to which the management plan relates; and |
| (b) | the carrying out of the restricted activity conforms with the guiding principles set out in paragraph 3. |
| (8) | An approved management plan must be reviewed and updated with the assistance of a professional natural scientist, at least every 10 years from the date of approval thereof. |
| (9) | An updated management plan must contain— |
| (a) | the information referred to in subparagraph (2); or |
| (b) | the following information: |
| (i) | description of the elephant population; |
| (ii) | the objectives of the property to which the management plan relates; |
| (iii) | the contribution of the objectives referred to in subitem (ii) to the national conservation objectives; |
| (iv) | risks or constraints to achieve the objectives referred to in subitem (ii); |
| (v) | extent or success in achieving the objectives referred to in subitem (b)(ii); |
| (vi) | maximising the contribution of the elephant population to the objectives referred to in item (b)(ii); |
| (vii) | risks related to management interventions involving the elephant population; and |
| (viii) | mitigation of the intervention risks referred to in subitem (vii). |
| (5) | If any information in respect of the approved management plan changes prior to the date of its compulsory review referred to in subparagraph (8), the responsible person must— |
| (a) | notify the relevant issuing authority thereof in writing, if such change is not substantial; or |
| (b) | amend the approved management plan, if such change is substantial or involves any change to the management objectives of the property to which the management plan relates. |
| (11) | The responsible person— |
| (a) | must submit the amendment referred to in subparagraph 10(b) to the relevant issuing authority for approval;and |
| (b) | may submit such amendment as an amended management plan or as an annexure to the approved management plan. |
| (12) | In the event that the change in information contemplated in subparagraph (10) involves a change in ownership of the property to which the approved management plan relates— |
| (a) | such change in ownership; and |
| (b) | the new owner of such property— |
| (i) | may sign the existing approved management plan in agreement that he or she assumes responsibility for the elephants in accordance with the existing approved management plan; or |
| (ii) | must submit a new management plan to the relevant issuing authority for approval. |