National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsRegulations relating to Trade in Rhinoceros Horn, 2019Chapter 2 : Domestic trade in rhinoceros horn4. Provisions relating to rhinoceros horn that do not meet the minimum size requirement for selling, giving, donating, buying, receiving, accepting as a gift or donation or in any similar way disposing of or acquiring |
| (1) | The selling, giving, donating, buying, receiving, accepting as a gift or donation or in any similar way disposing of or acquiring rhinoceros horn that is less than 5cm in length, irrespective of the weight of the rhinoceros horn, is prohibited in accordance with a notice published in the Government Gazette in terms of section 57(2) of the Biodiversity Act. |
| (2) | The prohibition contemplated in subregulation (1) does not apply to— |
| (a) | the lawful owner of such rhinoceros horn who gives or donates such rhinoceros horn to the Department or to a registered scientific institution, if he or she does not intend to keep the rhinoceros horn; |
| (b) | a registered scientific institution that receives or accepts as a gift or donation, such rhinoceros horn for scientific purposes, or that gives or donates such rhinoceros horn to the Department; |
| (c) | a registered scientific institution approved by the Director-General of the Department or the Forensic Science Laboratory of the South African Police Service— |
| (i) | that receives such rhinoceros horn for the purpose of performing or conducting the genetic profiling in accordance with the Rhinoceros Norms and Standards; or |
| (ii) | gives or donates such rhinoceros horn to the Department; or |
| (d) | the Department, who gives, donates, receives, or accepts as a gift, the rhinoceros horn. |
| (3) | In the event that a person does not give or donate the rhinoceros horn in the circumstances contemplated in subregulation (2)(a), (b) or (d), such person may— |
| (a) | destroy the rhinoceros horn in accordance with the provisions of the Rhinoceros Norms and Standards; or |
| (b) | keep the rhinoceros horn, provided that it is kept in a place of safe-keeping in accordance with the provisions of the Rhinoceros Norms and Standards. |
| (4) | The giving, donating, receiving or accepting as a gift or donation of rhinoceros horn in the circumstances contemplated in subregulation (2), or the destruction of rhinoceros horn in the circumstances contemplated in subregulation (3)(a), is subject to the issuance of a permit in terms of the Biodiversity Act. |
| (5) | The possession of rhinoceros horn contemplated in subregulation (3)(b), or the possession of rhinoceros horn subsequent to the receiving or accepting as a gift or donation thereof in the circumstances contemplated in subregulation (2), is subject to the issuance of a permit in terms of the Biodiversity Act. |
| (6) | A possession permit contemplated in subregulation (5) must specify the reference number of the genetic profiling certificate. |