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

Regulations

Regulations relating to Trade in Rhinoceros Horn, 2019

Chapter 2 : Domestic trade in rhinoceros horn

10. Requirements relating to proxy to sell, give, donate, buy, receive, accept as a gift or donation or in any similar way dispose of or acquire rhinoceros horn

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(1) The lawful owner of rhinoceros horn who intends to authorise another person, or provide such a person with proxy, to sell, give, donate or in any similar way dispose of his or her rhinoceros horn on his or her behalf, must nevertheless apply for a permit in accordance with regulation 5(1) and (2).

 

(2)A person who intends to authorise another person, or provide such a person with proxy, to buy, receive, accept as a gift or donation or in any similar way acquire rhinoceros horn on his or her behalf, must nevertheless apply for a permit in accordance with regulation 6(1) and (2).

 

(3)The applications contemplated in subregulations (1) and (2) must, in addition to the information contemplated in regulations 5(2) and 6(2), be accompanied by the following documents:
(a)a certified copy of the identity document or permanent residency permit of the person who has been authorised or has received proxy; and
(b)a certified copy of the written authorisation or proxy that contains the minimum information contemplated in subregulation (6).

 

(4)A person who sells, gives, donates or in any similar way disposes of rhinoceros horn contemplated in regulation 3(1) or (2) on behalf of the lawful owner thereof, must be authorised or have proxy to do so, in writing by the lawful owner and by means of a permit issued in terms of—
(a)the Biodiversity Act; and
(b)provincial conservation legislation, if applicable,

prior to the selling, giving, donating or in any similar way disposing of the rhinoceros horn.

 

(5)A person who buys, receives, accepts as a gift or donation or in any similar way acquires rhinoceros horn contemplated in regulation 3(1) or (2), on behalf of another person, must be authorised or have proxy to do so, in writing by such other person and by means of a permit issued in terms of—
(a)the Biodiversity Act; and
(b)provincial conservation legislation, if applicable;

prior to the buying, receiving, accepting as a gift or donation or in any similar way acquiring such rhinoceros horn.

 

(6)The written authorisation or proxy contemplated in subregulation (3)(b) must, as a minimum, contain the following information:
(a)name and identity number of—
(i)the person receiving the proxy; and
(ii)the lawful owner intending to sell, give, donate or in any similar way dispose of his or her rhinoceros horn, or the person intending to buy, receive, accept as a gift or donation or in any similar way acquire rhinoceros horn, as the case may be; and
(b)the contact details and physical address of the persons contemplated in item (a).