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 procedure14. Risk assessment report |
| (1) | The person carrying out a risk assessment contemplated in regulation 13 of these Regulations must submit a risk assessment report thereafter to the issuing authority, prior to the consideration of the application. |
| (2) | The risk assessment report contemplated in subregulation (1) must, as a minimum, include the following— |
| (a) | most recent ecological information regarding the relevant listed threatened or protected marine species, including— |
| (i) | the taxonomy of the species, including the class, order, family, scientific name (genus, species and sub-species), scientific synonyms and common names of the species; |
| (ii) | its conservation status; |
| (iii) | the population status and trends of the species, including— |
| (aa) | its current national and local population status, including abundance and distribution; |
| (bb) | the size of its local population which will be affected by the restricted activity to which the application applies; and |
| (cc) | its national and local population trends; |
| (iv) | the geographic distribution and trends of the species, including— |
| (aa) | the distribution of the natural population; |
| (bb) | the distribution of any translocated and introduced populations; and |
| (cc) | the geographic distribution trends; |
| (v) | the requirements of the species with respect to habitat and climate; |
| (vi) | the role of the species in its ecosystem, taking into account— |
| (aa) | whether the species is a keystone or indicator species; |
| (bb) | the level of the species in the food-chain; and |
| (cc) | the functions that the species performs in its ecosystem; and |
| (vii) | the major threats affecting the species nationally and locally; |
| (b) | information regarding the restricted activity to which the application applies, including— |
| (i) | the nature of the restricted activity; |
| (ii) | the reason for the restricted activity; |
| (iii) | where the restricted activity is to be carried out; |
| (iv) | the gender, age and number of the specimens of the species involved; and |
| (v) | the intended destination of the specimens, if they are to be translocated; |
| (c) | any regulations, policies, norms and standards, biodiversity management plans, non-detriment findings or international agreements binding on the Republic which may be applicable to the application; |
| (d) | the potential risks associated with the restricted activity to the particular listed threatened or protected marine species and a specific population of such species or to any other species or ecosystems, including— |
| (i) | degradation and fragmentation of the habitat of the species; |
| (ii) | creation of a significant change in an ecosystem caused by the removal or addition of keystone species; |
| (iii) | over-exploitation of a species; |
| (iv) | hybridisation; |
| (v) | out-breeding; and |
| (vi) | introduction of disease; |
| (e) | evaluation of the risk identified under paragraph (d) in terms of— |
| (i) | the likelihood of the risk being realised; and |
| (ii) | the severity of the risk and consequences of the realisation of the risk for the particular species as well as for other species, habitats and ecosystems; |
| (f) | any management measures that must be applied to minimise potential risks; |
| (g) | management of potential risks; and |
| (h) | any other information as the issuing authority may determine. |
| (3) | In addition to the information contemplated in subregulation (2), the risk assessment report must contain the following details— |
| (a) | the personal details and qualifications of the person carrying out the risk assessment; |
| (b) | key economic, social and ecological considerations that will guide a decision on whether to issue a permit; |
| (c) | a recommendation on whether or not a permit should be issued; and |
| (d) | any conditions or control measures that should apply if a permit is to be issued. |
| (4) | The applicant must appoint the person who will be carrying out the risk assessment, at own cost, to provide the information required in subregulations (2) and (3). |
| (5) | The applicant must— |
| (a) | take all reasonable steps to verify whether the person who will be carrying out the risk assessment complies with the requirements of regulation 15 of these Regulations; and |
| (b) | provide the person who will be carrying out the risk assessment with access to all information at the disposal of the applicant regarding the application, whether or not such information is favorable to the applicant. |