National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsAlien and Invasive Species Regulations, 2020Chapter 6 : Risk Assessment16. Risk assessment framework |
| (1) | A risk assessment undertaken for an application for an import permit for an alien species, or for the growing, breeding or in any other way propagating or causing to multiply of a listed invasive species, must consider— |
| (a) | information regarding the relevant species, including— |
| (i) | the taxonomy of the species, including its class, order, family, scientific name if known, genus, scientific synonyms and common names of the species; |
| (ii) | the originating environment of the species, including climate, extent of geographic range and trends; |
| (iii) | persistence attributes of the species, including reproductive potential, mode of reproduction, dispersal mechanisms and undesirable traits; |
| (iv) | invasive tendencies of the species elsewhere and of close taxonomic relatives in South Africa and elsewhere; |
| (v) | the history of domestic propagation or cultivation of the species, introductions and the extent of naturalisation in South Africa and elsewhere; |
| (vi) | nutritional or dietary requirements of the species and, where applicable, whether it has a specialist or generalist diet; |
| (vii) | the ability of the species to create significant change in an ecosystem; and |
| (viii) | the potential to hybridise with other species and to produce fertile hybrids; and |
| (b) | information regarding the restricted activity in respect of which the permit is sought, including— |
| (i) | the nature of the restricted activity; |
| (ii) | the reason for the restricted activity; |
| (iii) | the location where the restricted activity is to be carried out; |
| (iv) | the number and, where applicable, the gender of the specimens of the species involved; and |
| (v) | the intended destination of the specimens, if they are to be translocated; and |
| (c) | information regarding the receiving environment, including— |
| (i) | climate match; |
| (ii) | habitat; |
| (iii) | disturbance regimes; |
| (iv) | the presence of natural enemies, predators and competitors; and |
| (v) | the presence of potentially reproductive compatible species. |
| (2) | A risk assessment carried out in terms of sub-regulation (1) must identify— |
| (a) | the probability that the species will naturalise in the area in which the restricted activity is to be carried out or in any other area elsewhere in the Republic; |
| (b) | the possible impact of the species on the biodiversity and sustainable use of natural resources of— |
| (i) | the area in which the restricted activity is to be carried out; and |
| (ii) | in any other area elsewhere in the Republic; |
| (c) | the risks of the specimen serving as a vector through which specimens of other alien species may be introduced; |
| (d) | the risks of the method by which a specimen is to be introduced or the restricted activity carried out serving as a pathway through which specimens of other alien species may be introduced; and |
| (e) | any measures proposed in order to manage the risks. |
| (3) | Based on the information in sub-regulations (1) and (2), a risk assessment must consider— |
| (a) | the likelihood of the risks being realised; |
| (b) | the severity of the risks and consequences of the realisation of the risks for other species, habitats and ecosystems; |
| (c) | the potential costs associated with the control of the species to minimise harm to biodiversity; and |
| (d) | options for minimising the potential risks. |
| (4) | Notwithstanding the provisions of sub-regulation (2), an assessment of the risks and potential impacts on biodiversity for the importation into the Republic or the introduction into a province, of a specimen of an alien species or listed invasive species which was introduced into the Republic more than five years prior to the date on which these regulations come into effect, need only consider the matters contemplated in sub-regulations (2)(d), (e) and (3). |
| (5) | A risk assessment undertaken for an application for a permit to undertake any other restricted activity not mentioned in sub-regulation (1), must consider— |
| (a) | information regarding the relevant species, including— |
| (i) | the taxonomy of the species, including its class, order, family, genus, scientific name, scientific synonyms and common names of the species; and |
| (ii) | the source or place of origin of the species including the area, the type of facility and environmental parameters where species are kept; |
| (b) | information regarding the restricted activity in respect of which the permit is sought, including— |
| (i) | the nature of the restricted activity; |
| (ii) | the reason for the restricted activity; |
| (iii) | the location and GPS coordinates where the restricted activity is to be carried out; |
| (iv) | the number and the sex of the specimens of the species involved; and |
| (v) | intended destination of the specimens, if they are to be translocated; |
| (c) | the possible impact of the species on the biodiversity and sustainable use of natural resources of— |
| (i) | the area (Province and District) in which the restricted activity is to be carried out; and |
| (ii) | in any other area elsewhere in the Republic; and |
| (d) | any measures proposed in order to manage the risks. |
| (6) | Notwithstanding the provisions of sub-regulations (1), (2), (3), (4) and (5), the issuing authority may determine the information which must be considered in a risk assessment. |
| (7) | Notwithstanding the provisions of sub-regulations (1), (2), (3), (4) and (5), the issuing authority may request the applicant to provide additional information. |