National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)NoticesNotice prohibiting the carrying out of certain restricted activities involving Rhinoceros horn, 20192. Prohibitions |
| (1) | A person may not— |
| (a) | powder a rhinoceros horn or cause the powdering of a rhinoceros horn; |
| (b) | form or create slivers, chips, drill bits or any similar derivative from rhinoceros horn, or cause such slivers, chips, drill bits or similar derivatives to be formed; or |
| (c) | remove parts or layers from a rhinoceros horn. |
| (2) | The prohibition contemplated in subparagraph (1) does not apply— |
| (a) | when powder, slivers, chips, drill bits or any similar derivative is formed during the process of inserting a microchip into a rhinoceros horn; |
| (b) | when powder, slivers, chips, drill bits or any similar derivative is formed during the process of dehorning a rhinoceros, or when a person removes part of a rhinoceros horn, for management, veterinary or security purposes; |
| (c) | when a person collects a sample of rhinoceros horn for the purpose of genetic profiling in accordance with the Rhinoceros Norms and Standards; |
| (d) | when powder, silvers, chips, drill bits or any similar derivative is formed during the process of inserting a tracking or similar device submitting a signal to facilitate monitoring, into a rhinoceros horn; or |
| (e) | the forming of powder, slivers, chips, drill bits or any similar derivative, or the removal of parts or layers from rhinoceros horn, when the activity is carried out by— |
| (i) | a registered scientific institution for scientific purposes; |
| (ii) | a registered scientific institution approved by the Director-General of the Department, or the Forensic Science Laboratory of the South African Police Service, for the purpose of performing or conducting the genetic profiling in accordance with the Rhinoceros Norms and Standards; or |
| (iii) | the State. |
| (3) | A person may not sell, give, donate, buy, receive, accept as a gift or donation, or in any similar way dispose of or acquire, rhinoceros horn— |
| (a) | contemplated in subparagraph (1), or |
| (b) | that is less than 5 cm in length, irrespective of the weight of the rhinoceros horn. |
| (4) | Notwithstanding the prohibition contemplated in subparagraph (3)— |
| (a) | if the lawful owner of rhinoceros horn contemplated in subparagraph (1) or (3)(b) does not intend to keep such rhinoceros horn, he or she may give or donate the rhinoceros horn to the Department or to a registered scientific institution; |
| (b) | a registered scientific institution may— |
| (i) | receive or accept as a gift or donation rhinoceros horn contemplated in subparagraph (1) or (3)(b) for scientific purposes; or |
| (ii) | give or donate rhinoceros horn contemplated in subparagraph (1) or (3)(b) to the Department; |
| (c) | a registered scientific institution approved by the Director-General of the Department for the purpose of genetic profiling, or the Forensic Science Laboratory of the South African Police Service, may— |
| (i) | receive rhinoceros horn contemplated in subparagraph (1) or (3)(b) for the purpose of performing or conducting such genetic profiling, in accordance with the Rhinoceros Norms and Standards; or |
| (ii) | give or donate rhinoceros horn contemplated in subparagraph (1) or (3)(b) to the Department; or |
| (d) | the Department may give, donate, receive or accept as a gift or donation rhinoceros horn contemplated in subparagraph (1) or (3)(b). |
| (5) | A person may not export or re-export from the Republic, rhinoceros horn— |
| (a) | contemplated in subparagraph (1), or |
| (b) | that is less than 5 cm in length, irrespective of the weight of such rhinoceros horn. |
| (6) | The prohibition contemplated in subparagraph (5} does not apply to— |
| (a) | a registered scientific institution for scientific purposes; |
| (b) | a registered scientific institution approved by the Director-General of the Department, or the Forensic Science Laboratory of the South African Police Service, for the purpose of genetic profiling, in accordance with the Rhinoceros Norms and Standards; or |
| (c) | the State. |
| (7) | The prohibitions contemplated in subparagraphs (1), (3) and (5) are effective for a period of three years from the date of coming into operation of this Notice, after which the Minister will assess and re-consider the prohibitions. |