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

38. Time frames for issuing authority
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(1)On receipt of an application for registration, the issuing authority must, within 60 working days—
(a)conduct an inspection of the premises in respect of which the application has been submitted, and
(b)consider and decide on the application.

 

(2)On receipt of the additional information requested in terms of these Regulations, 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 registration certificate 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 give reasons for the decision and 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)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.

 

(7)The issuing authority may issue a registration certificate with retrospective effect, only as contemplated in regulation 51(5).