National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsRegulations relating to Trade in Rhinoceros Horn, 2019Chapter 2 : Domestic trade in rhinoceros horn8. Compulsory conditions for permits in respect of the selling, giving, donating or in any similar way disposing of rhinoceros horn |
| (1) | If it is the decision of the issuing authority to issue a permit in respect of the selling, giving, donating or in any similar way disposing of rhinoceros horn contemplated in regulation 3(1) or (2), such permit must be issued subject to the condition that— |
| (a) | the permit holder may not sell, give, donate or in any similar way dispose of rhinoceros horn to a person who is not the holder of a permit to buy, receive, accept as a gift or donation or in any similar manner acquire the rhinoceros horn; |
| (b) | the permit holder may not sell, give, donate or in any similar way dispose of rhinoceros horn other than the rhinoceros horn to which the permit relates; |
| (c) | the permit does not authorise the export of the rhinoceros horn to which the permit relates, nor does it guarantee that an export permit will be granted; and |
| (d) | the permit holder must notify the Department of— |
| (i) | his or her intention to sell the rhinoceros horn to which the permit relates, by auction; and |
| (ii) | the date or dates, as the case may be, of the auction. |
| (2) | In addition to the conditions contemplated in subregulation (1), a permit in respect of the selling, giving, donating or in any similar way disposing of a single rhinoceros horn must be issued subject to the conditions that the holder thereof must— |
| (a) | return the original permit to the relevant issuing authority, within 5 working days of selling, giving, donating, or disposing of the rhinoceros horn in respect of which the permit was issued; and |
| (b) | retain a certified copy thereof upon return of the original permit to the relevant issuing authority. |
| (3) | In addition to the conditions contemplated in subregulation (1), a permit in respect of the selling, giving, donating or in any similar way disposing of multiple rhinoceros horn must be issued subject to the conditions that the holder thereof must— |
| (a) | report the following information to the relevant issuing authority, within 5 working days of each rhinoceros horn being sold, given, donated or in any similar way disposed of: |
| (i) | the name and physical address of the buyer or receiver; |
| (ii) | the permit number of the buyer or receiver; |
| (iii) | the species and subspecies in respect of each rhinoceros horn sold, given, donated, or in any similar way disposed of; |
| (iv) | the markings of each rhinoceros horn sold, given, donated, or in any similar way disposed of; and |
| (v) | the reference number of the genetic profiling certificate in respect of each rhinoceros horn sold, given, donated, or in any similar way disposed of; |
| (b) | at the same time as reporting the information contemplated in paragraph (a), also apply to the relevant issuing authority for an amendment of his or her possession permit in the event that one or more rhinoceros horn remain on such possession permit; |
| (c) | return the original permit relating to the selling, giving, donating or in any similar way disposing of such rhinoceros horn, to the relevant issuing authority, within 5 working days of selling, giving, donating, or in any similar way disposing of the last remaining rhinoceros horn in respect of which the permit was issued; and |
| (d) | retain a certified copy thereof upon return of the original permit to the relevant issuing authority. |