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 3 : Registration of Captive Breeding Facilities, Rehabilitation Facilities, Sanctuaries, Temporary Holding Facilities, Exhibition Facilities and Wildlife Translocators

Part 2 : Consideration of registration applications

37. Factors to be taken into account by issuing authorities when considering registration applications
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(1)When considering an application for registration, an issuing authority must consider—
(a)all the information and documentation submitted by the applicant to the issuing authority in connection with the application, including any additional information requested;
(b)whether all applicable legal requirements have been complied with;
(c)whether an applicant is under investigation for, or has been convicted of, an offence in terms of the Biodiversity Act; and
(d)whether an application for registration has previously been refused or cancelled.

 

(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)the purpose for which the captive breeding facility, rehabilitation facility, sanctuary, temporary holding facility or exhibition facility, is conducted;
(c)whether the applicant is prepared to micro-chip or mark, where appropriate, each specimen of the listed threatened or protected marine species bred or kept at the relevant facility or specimens associated with operating as a wildlife translocator;
(d)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; and
(e)all other relevant factors.