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 2 : Permit application procedure

10. Additional information required for certain applications

Purchase

(1)	If the person contemplated in regulation 8(1) intends to carry out the restricted activity, or activities, on land of which he or she is not the owner, the applicant must—

(a)	in the case of a listed critically endangered marine species, obtain the written consent from the owner of land where the restricted activity will be carried out, and submit such consent together with the application form contemplated in regulation 8 of these Regulations; and

(b)	in the case of a listed endangered, vulnerable or protected marine species, obtain the written consent from the owner of land where the restricted activity will be carried out, prior to carrying out of such restricted activity.

(2)

Notwithstanding subregulation (1)(a), written consent in relation to a biodiversity survey involving a critically endangered marine species may be obtained from the owner of land where such biodiversity survey will be conducted, after the permit to which the application relates has been issued but prior to the conducting of such biodiversity survey.

(3)	If the applicant is a juristic person, the application form must be accompanied by the necessary written consent from such juristic person to authorise the person applying for the permit on behalf of such juristic person.

(4)	Subregulation (1) does not apply if the restricted activity, or activities, as the case may be, is carried out for enforcement purposes.

(5)	If the application relates to a permit in respect of a wildlife trader, taxidermist or freight agent, the following documentation and information must be submitted together with the application form—

(a)	documentation indicating legal acquisition of the specimens involved;

(b)	current and anticipated stock to be kept;

(c)	past, current and anticipated turnover of stock;

(d)	information relating to record keeping; and

(e)	security measures to prevent the escape of specimens, , or the theft of specimens.

(6)	If the application relates to a permit in respect of a rehabilitation facility, the applicant must submit a rehabilitation plan together with the application form.

(7)	The rehabilitation plan must, as a minimum, include the following information in respect of each listed threatened or protected marine species kept in the rehabilitation facility—

(a)	life stage of specimen to be released;

(b)	season of release;

(c)	information on possible areas and sites where specimens will be released; and

(d)	any other information deemed relevant by the issuing authority.

(8)	In addition to the information contemplated in this regulation, the issuing authority may request any other relevant information it deems necessary, in terms of section 88 of the Biodiversity Act.