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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 4 : Issuing of permits

23. Compulsory permit conditions applicable to the holder of a permit

 

(1) If it is the decision of the issuing authority to issue a permit, such permit must be issued subject to the condition that the holder thereof—
(a) may not transfer the permit to any other person;
(b) may not make any alteration to the permit, in which case the permit will be rendered invalid; and
(c) is bound by any norms and standards that apply to the restricted activity or species for which the permit is issued, and that the permit-holder must act in accordance with those norms and standards when carrying out the restricted activity to which the permit applies.

 

(2) In addition to the compulsory conditions contemplated in subregulation (1), all ordinary permits issued for the maximum period of validity, and all standing permits, must be issued subject to a condition that the permit-holder must—
(a) keep a register containing the information contemplated in subregulation (3), and
(b) report such information in writing to the issuing authority—
(i) within 30 working days of the expiry of an ordinary permit; or
(ii) at the end of each calendar year for the period of validity of a standing permit, if it was issued for a period in excess of 12 months.

 

(3) The register contemplated in subregulation (2)(a) must contain the following information—
(a) the name of the permit-holder;
(b) the facility to which the registration applies (if applicable);
(c) the unique number to which the registration applies (if applicable);
(d) the restricted activity or activities that have been carried out in terms of the permit;
(e) the date on which the restricted activity or activities contemplated in paragraph (d) have been carried out;
(f) the common and scientific names of the species to which the restricted activity or activities contemplated in paragraph (d) relate;
(g) the number and sexes of specimens involved;
(h) the markings of specimens involved (if applicable);
(i) if the permit relates to purchasing, the name, physical address and permit number of the seller;
(j) if the permit relates to selling, the name, physical address and permit number of the purchaser; and
(k) if the permit relates to the transport and export of a specimen, and to the extent applicable, the name and physical address of the person where the specimen has been transported or exported to.

 

(4) In addition to the information contemplated in subregulation (3), the register must contain the following information in respect of a captive breeding facility—
(a) evidence of legal acquisition of new stock acquired during the validity period of the permit,
(b) details of current stock, including the numbers, sex and age of offspring produced during the validity of the permit;
(c) mortalities (percentage and number) and sexes of specimens in the different age groups during the validity of the permit;
(d) past, current (during the validity of the permit) and expected annual production of offspring and, where possible, information on the number of females producing offspring each year, and
(e) plans for the disposal of offspring.

 

 


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