National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsRegulations relating to Trade in Rhinoceros Horn, 2019Chapter 1 : Interpretation and purpose of these Regulations2. Purpose and application |
| (1) | The purpose of these Regulations is to regulate certain restricted activities involving rhinoceros horn, in particular the— |
| (a) | selling, giving, donating, buying, receiving, accepting as a gift or donation or in any similar way disposing of or acquiring, rhinoceros horn within the borders of the Republic; and |
| (b) | export or re-export of rhinoceros horn from the Republic in specific circumstances. |
| (2) | The provisions of these Regulations apply in respect of rhinoceros horn originating from— |
| (a) | Ceratotherium simum simum; |
| (b) | Diceros bicornis bicornis; |
| (c) | Diceros bicornis minor; and |
| (d) | Diceros bicornis michaeli. |
| (3) | The provisions of these Regulations do not absolve a person from complying with the requirements of any other applicable legislation, and must be read and applied alongside the provisions of any applicable legislation, including but not limited to— |
| (a) | the Consumer Protection Act, 2008 (Act No. 68 of 2008); |
| (b) | the National Environmental Management Act, 1998 (Act No. 107 of 1998); |
| (c) | the Biodiversity Act; |
| (d) | the species listing notice published in terms of section 56 of the Biodiversity Act; |
| (e) | the prohibition notice published in terms of section 57(2) of the Biodiversity Act; |
| (f) | the TOPS Regulations; |
| (g) | the CITES Regulations; |
| (h) | the Rhinoceros Norms and Standards and any other applicable nonns and standards issued in tenns of section 9 of the Biodiversity Act; and |
| (i) | applicable provincial conservation legislation. |
| (4) | In the event of any conflict between these Regulations, and the TOPS Regulations or the CITES Regulations, the provisions of these Regulations will prevail |
| (5) | If a matter pertaining to rhinoceros horn is not specifically dealt with in terms of these Regulations, the matter must be dealt with in accordance with the provisions of the TOPS Regulations or the CITES Regulations. |