National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Notices

List of Terrestrial Species and Freshwater Species that are threatened or protected; restricted activities that are prohibited; and restricted activities that are exempted, 2021 - effective 1 April 2023

1. Definitions
Purchase cart Previous page Return to chapter overview Next page

 

In this notice, a word or expression, or any derivative or other grammatical form of such word or expression, to which a meaning has been assigned in the Biodiversity Act, has the same meaning and, unless the context indicates otherwise—

 

"Biodiversity Act"

means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), and includes its subordinate legislation issued in terms of a provision thereof;

 

"botanical garden"

has the same meaning as having been defined in the TOPS Regulations;

 

"conservation purposes"

has the same meaning as having been defined in the TOPS Regulations;

 

"CITES"

means the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

 

"DNA"

has the same meaning as having been defined in the TOPS Regulations;

 

"elephant ivory"

means ivory of Loxodonta africana;

 

"enforcement purposes"

means the purpose of carrying out a restricted activity is aimed at enforcing the legal requirements of the Biodiversity Act and this notice, and may include the confiscation, possession and movement of specimens by enforcement officials;

 

"finished part or product"

means any part of a dead specimen of a listed threatened or protected species that has been changed or transformed from its original form and is impossible of being further changed or transformed, and includes a finished product derived from such dead specimen;

 

"listed threatened or protected species"

means a threatened or protected terrestrial species or freshwater species listed in terms of section 56 of the Biodiversity Act;

 

"management purposes"

has the same meaning as having been defined in the TOPS Regulations;

 

"raw elephant ivory"

has the same meaning as having been defined in the TOPS Regulations;

 

"registered"

means registered in terms of the TOPS Regulations;

 

"registered game farm"

means a game farm registered in terms of the TOPS Regulations;

 

"rhinoceros horn"

has the same meaning as having been defined in the TOPS Regulations;

 

"scientific purpose"

has the same meaning as having been defined in the TOPS Regulations;

 

"selling or sell"

has the same meaning as having been defined in the TOPS Regulations , and buying shall be construed accordingly

 

"TOPS Regulations"

means the regulations pertaining to listed threatened or protected terrestrial species and freshwater species and promulgated in terms of section 97 of the Biodiversity Act;

 

"translocation"

has the same meaning as having been defined in the TOPS Regulations;

 

"veterinary purposes"

means for the purpose of—

(a)diagnosis, treatment, prevention of or advice on a disease, physiological or pathological condition;
(b)applying a medical procedure, including a surgical or dental operation or procedure;
(c)administering medicine;
(d)determining the cause of death of an animal (post mortem); or
(e)sedation of an animal for the purpose of restraining the animal via the use of an immobilising or tranquilising agent;

 

"wild specimen"

has the same meaning as having been defined in the TOPS Regulations; and

 

"worked elephant ivory"

has the same meaning as having been defined in the TOPS Regulations.