Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002)
R 385
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 5 : Renewal, Amendment and Cancellation of Permits and RegistrationsPart 1 : Renewal and amendment of permits and registrations46. Consideration of and decision on renewal of permit applications |
| (1) | On receipt of an application for renewal of a permit, an issuing authority must— |
| (a) | consider the application in accordance with the provisions of Part 3 of Chapter 2 of these Regulations; and |
| (b) | make a decision in accordance with the provisions of Part 4 of Chapter 2 of these Regulations. |
| (2) | When considering an application for the renewal of a permit, the issuing authority must consider whether it has previously cancelled any permit of the applicant, in accordance with these Regulations. |
| (3) | Notwithstanding subregulation (1), the issuing authority must consider— |
| (a) | the provisions of regulation 43 of these Regulations and all conditions subject to which the permit was issued, were complied with; |
| (b) | whether there is evidence that the permit-holder carried out the restricted activities in a manner that is detrimental to the species kept by the permitholder; and |
| (c) | whether the conservation status of the species to which the permit relates has not deteriorated, or the legislation that affects the continuation of the permit has not changed. |
| (4) | If the issuing authority decides to renew a permit to which the application contemplated in subregulation (1) relates, the issuing authority must issue a new permit. |
