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

Regulations

Regulations relating to Trade in Rhinoceros Horn, 2019

Chapter 1 : Interpretation and purpose of these Regulations

1. Definitions
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(1) In these Regulations, a word or expression, or any derivative or other grammatical form of the 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);

 

"CITES"

means the Convention on International Trade in Endangered Species of Wild Fauna and Flora

 

"CITES Regulations"

means the regulations pertaining to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, promulgated in terms of section 97 of the Biodiversity Act;

 

"genetic profiling certificate"

means a certificate or comparable document issued by the relevant scientific institution in respect of a particular rhinoceros horn, subsequent to the genetic profiling of such rhinoceros horn;

 

"genetic profiling"

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

 

"microchip"

means a device that assigns a unique identification code to the rhinoceros or rhinoceros horn;

 

"Management Authority"

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

 

"national database"

has the same meaning as having been defined in the Rhinoceros Norms and Standards;

 

"pre-convention"

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

 

"registered"

means registered in terms of the TOPS Regulations;

 

"Republic"

means the Republic of South Africa;

 

"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;

 

"TOPS Regulations"

means the regulations pertaining to listed threatened or protected terrestrial and fresh water fish species, promulgated in terms of section 97 of the Biodiversity Act; and

 

"trade"

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