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

Notices

Notice prohibiting the carrying out of certain restricted activities involving Rhinoceros horn, 2019

1. Definitions

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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 or the TOPS Regulations, has the corresponding meaning, and unless the context indicates otherwise—

 

"Biodiversity Act"

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

 

"genetic profiling"

means the use of biotechnology to identify the unique characteristics of a rhinoceros horn for forensic or diagnostic purposes;

 
"management purposes"

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

 

"person"

means a natural person or a juristic person;

 

"registered"

means registered in terms of the TOPS Regulations;

 

"rhinoceros horn"

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

 

"Rhinoceros Norms and Standards"

means the norms and standards pertaining to the marking of rhinoceros and rhinoceros horn, and the hunting of rhinoceros for trophy hunting purposes, promulgated in terms of section 9 of the Biodiversity Act;

 

"scientific institution"

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

 

"scientific purposes"

means for the primary purpose of practicing science or conducting research;

 

"selling or sell"

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

[Definition inserted by sections (a), (d) and 2 of Notice No. 3013, GG47984, dated 3 February 2023 - effective 1 April 2023]

 

"State"

means a national or provincial department or organ of state responsible for the—

(a)implementation;
(b)enforcement; or
(c)both implementation and enforcement,

of the provisions of the Biodiversity Act and this Notice;

 

"TOPS Regulations"

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

 

"veterinary purposes"

in relation to rhinoceros horn means for the purpose of—

(a)applying a medical procedure, including a surgical operation; or
(b)determining the cause of death of an animal (post mortem).