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 5 : Renewal, Amendment and Cancellation of Permits and Registrations

Part 2 : Cancellation of permits and registrations

51. Cancellation of permits or registrations
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(1)An issuing authority may cancel a permit, or a registration relating to a facility or person, if—
(a)the holder of the permit or registration certificate has breached a condition subject to which the permit or registration certificate was issued;
(b)the holder of a permit or registration operates in a manner which is—
(i)detrimental to the specimens being bred, reared, propagated, traded or kept at such facility or by such person; or
(ii)not in accordance with any information provided to the issuing authority;
(c)any of the circumstances subject to which the permit or registration has been issued, has changed; or
(d)there is a change in the conservation status of the species involved being bred, reared, propagated, traded or kept by a permit-holder or at such facility that affects the continuation of the permit or registration.

 

(2)In addition to the provisions of subregulation (1), the issuing authority may cancel a permit or registration if the holder of such registration has been convicted of an offence in terms of the Biodiversity Act.

 

(3)An issuing authority considering the cancellation of a permit or a registration in terms of subregulation (1) or (2) must—
(a)notify the holder of such permit or registration that cancellation of the permit or registration is being considered, together with the reasons for the proposed cancellation; and
(b)afford the holder of the permit or registration a reasonable opportunity to submit representations regarding the proposed cancellation in terms of the provisions of the Promotion of Administrative Justice Act, Act No. 3 of 2000.

 

(4)After having reached a decision on the cancellation of the permit or registration, the issuing authority must—
(a)notify the holder of the permit or registration in writing of the decision; and
(b)if the decision is to cancel the permit or registration—
(i)instruct the holder of the permit or registration to return the permit or registration certificate within 30 days; and
(ii)inform the applicant of his right to appeal against the decision and the appeal procedure to be followed in accordance with the national Appeal Regulations.

 

(5)In the case that a registration is cancelled by the issuing authority, the holder of such cancelled registration must be provided the opportunity to rectify the circumstances that have caused the registration to be cancelled, and to apply for the re-issuance of the registration within 90 working days of the cancellation, in which case the issuing authority may issue the registration with retrospective effect.