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 11 : Permits for Boat-Based Whale and Dolphin Watching and White Shark Cage Diving71. Additional factors to be taken into account by the issuing authority when considering applications for boat-based whale and dolphin watching permits and applications for white shark cage diving permits |
| (1) | When considering an application for a boat-based whale and dolphin watching permit or an application for a white shark cage diving permit, the issuing authority must, in addition to the factors contemplated in regulation 19 of these Regulations, also take the following general factors into consideration— |
| (a) | promoting the economic growth of the boat-based whale and dolphin watching, and the white shark cage diving industries and the sustainable non-consumptive use of whales, dolphins and white sharks, particularly for eco-tourism, through— |
| (i) | the allocation of the optimal number of permits that could be safely issued; and |
| (ii) | the allocation of permits to persons who will be able to beneficially exercise the allocation; |
| (b) | the need to improve the regulatory and compliance framework pertaining to the boat-based whale watching and white shark cage diving industries; |
| (c) | the need to address transformation of these industries; |
| (d) | the need to provide for control over diving to view white sharks or the boat-based viewing of white sharks, in order for these activities to take place in a manner that does not threaten the safety of divers or the protection and conservation of white sharks; and |
| (e) | the need to provide for control over the number of boat-based whale and dolphin watching and white shark cage diving permit-holders in order to manage any adverse impact on whale, dolphin and white shark behaviour and to protect whales, dolphins and white sharks. |
| (2) | When considering an application for boat-based whale and dolphin watching and white shark cage diving permits, the issuing authority must, in addition to the factors contemplated in subregulation (1) and regulation 19 of these Regulations, also take the following specific criteria for each individual application into consideration— |
| (a) | whether the applicant, while in possession of an existing permit or exemption, optimally utilised the rights contained in the permit or exemption; |
| (b) | whether the applicant has been convicted of any offence related to the permit or any other environmental legislation and the seriousness thereof; |
| (c) | the extent to which the applicant invested or participated in the boat-based whale and dolphin watching or white shark cage diving industries; |
| (d) | the number, working conditions of and opportunities for the employees of the applicant; |
| (e) | whether the nominated vessels have a vessel monitoring system; |
| (f) | any other factor that may be relevant to boat-based whale or dolphin watching or white shark cage diving or specific areas of operations; and |
| (g) | any other factors or criteria determined in any policy related to boat-based whale and dolphin watching and white shark cage diving. |