National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsThreatened or Protected Marine Species Regulations, 2017Provisions Relating to Listed Threatened or Protected Marine SpeciesChapter 2 : Permit System for Listed Threatened or Protected Marine SpeciesPart 2 : Permit application procedure13. Restricted activities requiring a risk assessment |
| (1) | Before issuing a permit, the issuing authority must require a risk assessment for— |
| (a) | restricted activities involving wild specimens of listed critically endangered marine species; |
| (b) | restricted activities carried out in ecosystems listed as critically endangered in terms of section 52 of the Biodiversity Act; or |
| (c) | release of a captive-bred or artificial propagated specimen of a listed threatened or protected marine species into a national protected area. |
| (2) | The issuing authority may require a risk assessment prior to the consideration of an application for the renewal of a permit, if the conservation status of the species to which such application relates, has deteriorated. |
| (3) | Notwithstanding subregulation (1), a risk assessment is not required for the carrying out of the restricted activities in the circumstances contemplated in subregulation (1) if,— |
| (a) | the restricted activity is carried out for conservation purposes by an official of— |
| (i) | the Department or a provincial conservation authority; |
| (ii) | the management authority of a national, provincial or local protected area, on land under its jurisdiction; or |
| (iii) | SANBI; |
| (b) | a biodiversity management plan has been developed for a listed critically endangered marine species, and such biodiversity management plan contains all the information contemplated in regulation 14(2); or |
| (c) | a risk assessment has been conducted previously, and the risks identified by such risk assessment have not changed. |