National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)NoticesList 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 20232. General exemptions |
| (1) | The following persons, or categories of persons,are exempt in terms of section 57(4) of the Biodiversity Act, from the restriction contemplated in section 57(1), involving specimens of listed threatened or protected species, applicable to the extent indicated below— |
| (a) | Members of the South African Police Service, and members of the South African Revenue Service, Customs division, in relation to the carrying out of restricted activities, such as the acquisition/ receipt, possession, transport and disposal/ give of specimens, necessary for the confiscation and subsequent handling of such specimens,in the execution of their official duties; |
| (b) | Any person, in relation to the carrying out of a restricted activity involving a dead specimen of a listed threatened or protected species, or a finished part or product of such specimen, provided that proof of legal acquisition of such dead specimen, or finished part or product can be provided,but excluding— |
| (i) | a dead specimen, or finished part or product of such specimen, of the following species— |
| (aa) | Panthera pardus; |
| (bb) | Panthera leo; |
| (cc) | Acynonix jubatus; and |
| (dd) | Lycaon pictus; |
| (ii) | elephant ivory and rhinoceros horn; and |
| (iii) | freshwater fish species; |
| (c) | Veterinarians, for the— |
| (i) | darting of specimens of listed threatened or protected species, subject to the condition that the restricted activity or activities, as the case may be, associated with the darting is carried out in accordance with the requirements of the Biodiversity Act and its regulations; and |
| (ii) | having in possession or exercising physical control, and transportation or movement of a specimen of a listed threatened or protected species, for veterinary purposes; |
| (d) | Any person in relation to the export or re-export of a specimen of a listed threatened or protected species that is also included in the annexures of CITES, provided that a CITES permit has been issued in terms of section 57(1A) of the Biodiversity Act; |
| (e) | Any person in relation to the translocation of a specimen of a listed threatened or protected species, subject to the following conditions— |
| (i) | such translocation is carried out only from one registered game farm to another registered game farm; |
| (ii) | the species of the specimen to be translocated, is included in the registration certificate of both the registered game farm where the specimen is translocated from and the registered game farm where the specimen is to be translocated to; |
| (iii) | a basic habitat assessment has been carried out by the issuing authority as part of the process to register the game farm onto which the specimen is to be released, prior to the translocation of such specimen; |
| (iv) | the translocation of the specimen is done by a registered wildlife translocator; |
| (v) | the registered wildlife translocator contemplated in subparagraph (e)(iv) and the owner of the registered game farm onto which the specimen is released, keep a register of such translocation; and |
| (vi) | in the case where such specimen is to be translocated to a registered game farm that falls outside the natural distribution range of the particular species— |
| (aa) | an assessment of the risks contemplated in regulation 79(1) of the TOPS Regulations has been conducted, and the information contemplated in regulation 16(3) of the TOPS Regulations has been submitted, for the registered game farm onto which the specimen is to be released, if required by the issuing authority, and for the cost of the owner of such registered game farm; and |
| (bb) | the findings of the assessment of risks indicate no risk, or a risk that can be prevented or minimised, in relation to the translocation of such specimen. |
| (2) | The general exemption contemplated in subparagraph (1)(d) does not apply to a specimen of Ceratotherium simum or Diceros bicornis, or a specimen of an Encephalartos species. |