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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 11 : Permits for Boat-Based Whale and Dolphin Watching and White Shark Cage Diving

72. Circumstances in which permits must be refused

 

In addition to the factors contemplated in regulation 20, the issuing authority must refuse to issue permits for boat-based whale and dolphin watching and for white shark cage diving—

(a) if the applicant—
(i) has failed to attest to the declaration in the application form;
(ii) fails to demonstrate access to—
(aa) a boat-based whale and dolphin watching vessel ; or
(bb) a white shark cage diving vessel, (including a cage);
(iii) fails to employ or demonstrate that the applicant will employ one or more registered tourist guides;
(iv) fails to employ, or fails to demonstrate that the applicant will employ a qualified skipper certified by SAMSA; or
(v) is not a South African citizen.
(b) in areas where boat-based whale and dolphin watching, and white shark cage diving are not permissible; or
(c) if the maximum number of boat-based whale and dolphin watching permits, and white shark cage diving permits, have already been issued.