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

5. Requirements to obtain a permit in respect of the selling, giving, donating or in any other way disposing of rhinoceros horn

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(1) The lawful owner of rhinoceros horn who intends to sell, give, donate or in any similar way dispose of rhinoceros horn contemplated in regulation 3(1) or (2), must complete and sign an application form as specified in the TOPS Regulations and submit it to the relevant issuing authority.

 

(2)The application contemplated in subregulation (1) must be accompanied by—
(a)a certified copy of the identity document, permanent residence permit, work permit or passport of the applicant;
(b)proof of payment of the permit processing fee, as set out in the TOPS Regulations;
(c)a certified copy of a possession permit as proof of lawful possession of the rhinoceros horn to which the application relates, issued in terms of—
(i)the Biodiversity Act; and
(ii)provincial conservation legislation, if applicable;
(d)a certified copy of the genetic profiling certificate for each rhinoceros horn to which the application relates, as proof that the rhinoceros horn has been subject to genetic profiling in accordance with the Rhinoceros Norms and Standards;
(e)a photograph of suitable quality, to allow for easy identification, of each individual rhinoceros horn to which the application relates;
(f)details of the markings contemplated in regulation 3(1)(b), of each individual rhinoceros ham to which the application relates;
(g)the following measurements of each individual rhinoceros horn to which the application relates:
(i)circumference at the base;
(ii)length from base to tip, measured along the inner curve;
(iii)length from base to tip, measured along the outer curve; and
(iv)weight;
(h)proof that the rhinoceros horn is pre-convention, if applicable; and
(i)any relevant additional information that the issuing authority may request.

 

(3)If the lawful owner of rhinoceros horn intends to sell the rhinoceros horn by auction, the application must be accompanied by the following documents, in addition to the supporting information and documents contemplated in subregulation (2):
(a)the conditions of sale; and
(b)a copy of the advertisement of the auction.