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

Regulations

Threatened or Protected Marine Species Regulations, 2017

Provisions Relating to Listed Threatened or Protected Marine Species

Chapter 2 : Permit System for Listed Threatened or Protected Marine Species

Part 4 : Issuing of permits

21. Decision on permit applications and issuance of permits
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(1)On receipt of an application submitted in terms of these Regulations, the issuing authority must consider and decide on the application within 30 working days of receipt of the application.

 

(2)On receipt of the additional information requested in terms of regulation 18, the issuing authority must consider and decide on the application within 30 working days of receipt of the additional information.

 

(3)If the decision of the issuing authority is to issue the permit subject to certain conditions, the issuing authority must—
(a)give reasons for the decision to the applicant, if required by the applicant; and
(b)inform the applicant of his or her right to appeal against the decision and the appeal procedure to be followed in accordance with the national Appeals Regulations.

 

(4)If the decision of the issuing authority is to refuse the application, the issuing authority must in addition to the requirement set out in terms of section 88(5) of the Biodiversity Act inform the applicant of his or her right to appeal against the decision of the issuing authority and the appeal procedure to be followed in accordance with the national Appeal Regulations.

 

(5)If the issuing authority is unable to comply with the timeframes contemplated in subregulations (1) and (2), the issuing authority must provide reasons in writing to the applicant, prior to the lapsing of such timeframe, as to why it is unable to comply with such  timeframe.

 

(6)Notwithstanding subregulation(1), the issuing authority may determine the timeframe for applications to which the genotyping of specimens of listed threatened or protected marine species relate, as contemplated in these Regulations.

 

(7)The failure to make a decision within the prescribed time frames contemplated in subregulations (1) and (2) does not render the carrying out of the restricted activity, or restricted activities, as the case may be, by the applicant as lawful.

 

(8)The issuing authority may issue a permit with retrospective effect if deemed necessary.