National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) Notices Norms and Standards for the Marking of Rhinoceros and Rhinoceros Horn, and for the Hunting of Rhinoceros for Trophy Hunting Purposes 1. Definitions

 

In this Schedule, unless the context indicates otherwise, a word or expression defined in the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) has the same meaning, and—

 

"applicable biodiversity legislation"

means legislation in terms of which biodiversity matters are regulated, either at a provincial level in a province or at a national level;

 

"Blodiversity Act"

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

 

"CAS number"

means the number allocated to a case docket when a criminal investigation is registered in terms of the Case Administration System of the South African Police Service;

 

"dart"

means the chemical immobilization of a live rhinoceros by any means, method or device, using a tranquillizing, narcotic, immobilizing, or similar agent, for the purpose of restraining or anaesthetizing such live rhinoceros;

 

"duly authorized person"

means a person authorized by means of a permit issued in terms of the Biodiversity Act, but excludes the hunting client;

 

"genetic profiling"

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

 

"hunting client"

means a person who is not a citizen of the Republic or a permanent resident within the Republic, and who pays or rewards any other person for, or in connection with, the hunting of a rhinoceros;

 

"hunting outfitter"

means a person who is authorized in terms of applicable biodiversity legislation to operate as a hunting outfitter, and assigns a similar meaning to a hunting contractor referred to in terms of provincial biodiversity legislation;

 

"hunting trophy"

means a horn, tooth, hide, skin, hair, or any readily recognizable part or derivative of a rhinoceros, whether processed or not, and which is kept as a memento of the hunt;

 

"local hunter"

means a hunter who is a citizen of the Republic or a permanent resident within the Republic;

 

"management purposes"

means the carrying out of a restricted activity directed towards the management of a rhinoceros, and includes, but is not limited to, the—

 

"microchip"

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

 

"national database"

means a database developed by the Department and used by an issuing authority for the recording of information relating to rhinoceros horn stock piles;

 

"professional hunter"

means a person who is authorized in terms of applicable biodiversity legislation to operate as a professional hunter;

 

"Republic"

means the Republic of South Africa;

 

"rhinoceros horn"

means the whole horn, or any part or cut piece of the horn of a rhinoceros, whether polished or unpolished, in any form whatsoever or howsoever changed from its original form, and includes rhinoceros horn in its powdered form or shavings of rhinoceros horn;

 

"SABS"

means the South African Bureau of Standards;

 

"taxidermy"

means a facility where a skin, horn or any other derivative of a rhinoceros is treated, prepared or mounted, or where such skin, horn or other derivative is transformed or processed into a curio;

 

"TOPS Regulations"

mean the regulations pertaining to listed threatened or protected species and promulgated in terms of section 97 of the Biodiversity Act;

 

"veterinarian"

means a person registered with the South African Veterinary Council to operate as such.