National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsRegulations relating to Trade in Rhinoceros Horn, 2019Chapter 5 : Miscellaneous16. General provisions |
| (1) | Where the Department is excluded from any prohibition contemplated in these regulations, the Department may give, donate, receive, accept as a gift or donation, export or re-export rhinoceros horn, only to the extent necessary for the official performance of its functions. |
| (2) | A person contemplated in regulation 5(1), 6(1), 10(4) or 10(5) must be present within the Republic at the time of selling, giving, donating, buying, receiving, accepting as a gift or donation or in any similar way disposing of or acquiring rhinoceros horn, as the case may be. |
| (3) | A person who has sold, given, donated, or in any similar way disposed of rhinoceros horn, is responsible for the safe-keeping of the rhinoceros horn in accordance with the provisions of the Rhinoceros Norms and Standards, until the possession permit is issued to the person who has bought, received, accepted as a gift or donation or in any similar way acquired the rhinoceros horn. |
| (4) | The possession permit of a person who has sold, given, donated, or in any similar way disposed of rhinoceros horn, remains valid for the purpose of safe-keeping of the rhinoceros horn, until a possession permit is issued to the person who has bought, received, accepted as a gift or donation or in any similar way acquired the rhinoceros horn and the latter person has taken possession of the rhinoceros horn, or for a period of 90 days, whichever is the shortest. |
| (5) | If the possession permit of the person who has sold, given, donated or in any similar way disposed of rhinoceros horn, expires prior to the person who has bought, received, accepted as a gift or donation or in any similar way acquired the rhinoceros ham, taking possession of such rhinoceros horn, the former person must apply for a renewal of his or her possession permit. |
| (6) | A person who buys, receives, accepts as a gift or donation or in any similar way acquires rhinoceros horn, may not take possession of the rhinoceros horn, until a possession permit is issued to him or her in terms of the Biodiversity Act. |
| (7) | The validity of a certified copy of any document contemplated in these regulations may not exceed six months from date of such certification. |