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 3 : Consideration of permit applications19. Factors to be taken into account by issuing authorities when considering permit applications |
| (1) | When considering a permit application, an issuing authority must consider— |
| (a) | all the information and documentation submitted by the applicant to the issuing authority in connection with the application, and |
| (b) | any applicable legal requirements. |
| (2) | The issuing authority must, in addition to the provisions of subregulation (1) and to the extent applicable, also take into account— |
| (a) | whether the species to which the application relates is listed in terms of section 56 of the Biodiversity Act as a critically endangered species, an endangered species, a vulnerable species or a protected species; |
| (b) | whether the species to which the application relates is an alien species; |
| (c) | the conservation status of the species; |
| (d) | whether the application involves a species that will be introduced to, or taken or removed from, a wild population; |
| (e) | whether the restricted activity applied for is regulated in terms of regulations 63 and 64 of these Regulations; |
| (f) | whether the restricted activity is prohibited in certain circumstances in accordance with these Regulations; |
| (g) | whether an environmental impact assessment has been carried out in terms of the National Environmental Management Act, and if so, must consider the findings thereof; |
| (h) | whether an environmental authorisation has been issued in terms of the National Environmental Management Act, and if so, must consider the conditions thereof; |
| (i) | whether the carrying out of the restricted activity, or not carrying out of such restricted activity, as the case may be, in respect of which the application is submitted is likely to have a negative impact on the survival of the relevant listed threatened or protected marine species; |
| (j) | any applicable approved management plan; |
| (k) | whether the issuing authority has deferred a decision to issue a permit in terms of section 88 of the Biodiversity Act, or has refused, cancelled or suspended any other permits issued to the applicant in terms of sections 92A, 93 or 93B respectively, of the Biodiversity Act; |
| (l) | any recommendation or non-detriment finding made by the Scientific Authority in terms of section 61(1)(c) or (d) of the Biodiversity Act, regarding the application; |
| (m) | any advice provided by SANBI in terms of section 11(1)(c) of the Biodiversity Act; |
| (n) | any relevant information on the database that SANBI is required to keep in terms of section 11(1)(j) of the Biodiversity Act; |
| (o) | whether the restricted activity will be carried out in a facility, or by a person, contemplated in these Regulations, and whether such facility or such person is registered in accordance with these Regulations; |
| (p) | how the breeding in captivity of a specimen of a listed threatened or protected marine species to which the application relates, will contribute to the conservation of the particular species; |
| (q) | whether the restricted activity will be carried out in a threatened ecosystem or protected area; |
| (r) | whether the applicant has been convicted of an offence in terms of the Biodiversity Act; |
| (s) | any objections to the application; and |
| (t) | any other relevant factors. |