| (1) |
A wild elephant may not be translocated if it— |
| (a) |
is intended to be kept in a controlled environment, other than in terms of paragraph 5(2) and in accordance with subparagraph (2); |
| (b) |
has a history of crop raiding,fence breaking, damaging property or aggression towards humans or livestock— |
| (i) |
to an area where there is a risk of damage from similar behaviour; and |
| (ii) |
such risk cannot be mitigated; or |
| (c) |
has previously been translocated,except under extraordinary circumstances, which include but are not limited to, the following: |
| (i) |
for the purpose of reducing the population size as an alternative to culling; |
| (ii) |
if it is in the best interest of the national elephant population; |
| (iii) |
if it is in the best interest of the affected population or population at risk; or |
| (iv) |
in the case of a change in land ownership of land use. |
| (2) |
A wild elephant may be translocated, only if it is— |
| (a) |
part of a social unit, and— |
| (i) |
the entire social unit is translocated; and |
| (ii) |
the calves are more than 2 months old; |
| (b) |
a bull to be introduced to an area where— |
| (i) |
there is an existing social unit that has successfully established a home range for a period of three months; or |
| (ii) |
a social group is intended to be introduced together with the bull or subsequent to the successful establishment of the bull; or |
| (c) |
for purposes of temporary captivity. |
| (3) |
If elephants are captured within a protected area for the purpose of translocation, or to be introduced into a protected area, the capture or introduction, as the case may be, must be in accordance with an approved management plan for the protected area involved. |
| (4) |
Immediately prior to offloading into a release camp, the matriarch, other adults and juveniles must, if necessary,be sedated. |
| (5) |
No wild or captive elephant may be— |
| (a) |
imported into the Republic; or |
| (b) |
exported from the Republic, |
for the purposes of keeping it in a controlled environment, except in terms of paragraph 11(b)(i), or in terms of subparagraph (6).
| (6) |
Captive elephants which are part of a bona tide circus may be temporarily imported or exported for a limited, specified period, not exceeding the period of performance, for the sole purpose of use in the circus. |
Financial Management of Parliament Act, 2009
