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 20233. General explanations |
| (1) | The table below contains the following information— |
| (a) | Column 1 - scientific and common names of listed threatened or protected species; |
| (b) | Column 2 - specific restricted activities relating to specific listed threatened or protected species, prohibited in terms of section 57(2) of the Biodiversity Act; and |
| (c) | Column 3 - specific restricted activities relating to specific listed threatened or protected species, exempted in terms of section 57(4) of the Biodiversity Act; |
| (2) | The contents of the table below must be read alongside any other prohibition published in the Gazette in terms of section 57(2) of the Biodiversity Act, or any other exemption published in the Gazette in terms of section 57(4) of the Biodiversity Act; |
| (3) | Any specific restricted activity relating to a specific listed threatened or protected species not included in either Column 2 or 3, or not prohibited or exempted as contemplated in subparagraph (2) above, must be regarded as requiring a permit in terms of section 57(1) of the Biodiversity Act; |
| (4) | The general exemptions contemplated in Paragraph 2 above must be read alongside the species-specific exemptions in the table below. In the case of conflict between a general exemption and a species-specific exemption, the species-specific exemption shall apply; |
| (5) | The provisions of this notice must be read alongside with the provisions of the TOPS Regulations; |
| (6) | If the carrying out of a restricted activity involving a listed threatened or protected species is generally exempt in terms of this notice, but such restricted activity is prohibited in certain circumstances in terms of the TOPS Regulations, such prohibition in terms of the TOPS Regulations remains valid; |
| (7) | When the nomenclature of a species that is included in this list of threatened or protected species is revised, the listed name of such species will continue to be applicable until this list is updated, and the TOPS Regulations will apply to all specimens that fit the description at the time of listing, even if a new scientific name is assigned to the particular species; |
| (8) | The provisions of this notice do not apply to the non-indigenous subspecies of a species that is listed as threatened or protected, unless such non-indigenous subspecies is specifically listed as a protected species in terms of section 56(1)(d) of the Biodiversity Act; and |
| (9) | A person who is exempt in terms of section 57(4) from a permit requirement contemplated in section 57(1) of the Biodiversity Act, is not absolved from obtaining a permit or authorization in terms of any other applicable legislation if so required. |