2. Purpose of these regulations

3. Designation of issuing authorities

4. Integrated permits

5. Who may apply for permits

6. Persons holding provincial authorisations not absolved from applying for permits

7. Application procedure

8. Restricted activities on land owned by person other than applicant

9. Documents to be submitted with applications involving listed large predators

10. Applications affecting the rights of other persons

41. Captive breeding operations, nurseries, scientific institutions, sanctuaries and rehabilitation facilities to be registered

42. Factors to be taken into account by Director-General

43. Applications for registration

44. Applications affecting the rights of other persons

45. Consideration and decision of applications

46. Issuing of registration certificates

47. Contents of registration certificates

48. Compulsory conditions for registrations of captive breeding operations, sanctuaries and rehabilitation facilities involving specimens of listed large predators

49. Amendment of registrations

50. Applications for amendment by holder of registration certificate

51. Consideration and decision of applications for amendment

52. Amendment on initiative of Director-General

53. Process

54. Decision

55. Circumstances in which registrations may be cancelled

56. Process

57. Certificates of registration to be returned after cancellation of registration

58. Appeals to be lodged with Minister

59. Decisions

60. Establishment

61. Functions

64. Establishment

65. Composition

66. Chairperson and deputy chairperson

67. Term of office

68. Removal from office

69. Filling of vacancies

70. Meetings

71. Expert advisors

72. Participation in meetings by way of electronic or other media

73. Procedures

74. Quorum and decisions

75. Marking of elephant ivory and rhino horn

76. Setting of annual off-take limits

77. Transitional provision in respect of existing captive breeding operations, nurseries, scientific institutions, sanctuaries or rehabilitation facilities

1. (1) In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Biodiversity Act, has the same meaning, and –

"applicable legal requirements" means –

(a) all legislation and instruments mentioned in section 88(3) of the Biodiversity Act;

(b) any prescribed national norms and standards issued in terms of section 9 of the Biodiversity Act or section 11 of the Protected Areas Act which apply to the implementation of these regulations; and

(c) any specific requirements of these regulations;

"Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

"bred in captivity" or "captive bred", in relation to a specimen of a listed threatened or protected animal species, means that the specimen was bred in a controlled environment;

"captive breeding operation" means a facility where specimens of a listed threatened or protected animal species are bred in a controlled environment for –

(a) conservation purposes; or

(b) commercial purposes;

"CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, Washington, 1973;

"CITES permit" means a permit authorising –

(a) the import into the Republic of a specimen of a listed threatened or protected species which is also listed in Appendix I, II or III of CITES;

(b) the introduction from the sea into the Republic of such a specimen; or

(c) the export or re-export from the Republic of such a specimen;

"commercial purposes", in relation to a restricted activity involving a specimen of a listed threatened or protected species, means that the primary purpose of the restricted activity is to obtain economic benefit, including profit in cash or in kind, and is directed towards trade, exchange or another form of economic use or benefit;

"controlled environment" means an enclosure on a piece of land designed to hold specimens of a listed threatened or protected animal species in a way that –

(a) prevents them from escaping; and

(b) facilitates human intervention in the form of the provision of –

(i) food or water;

(ii) artificial housing; or

(iii) health care,

but excludes a fenced piece of land on which self-sustaining wildlife populations of that species are managed in an extensive wildlife system;

"damage causing animal" means an animal that –

(a) causes losses to livestock;

(b) damage to cultivated trees or crops or other property;

(c) presents a threat to human life; or

(d) is present in such numbers that agricultural grazing is materially depleted;

"darting", in relation to a live specimen of a listed threatened or protected animal species, means to shoot the specimen with a projectile loaded with a tranquillising or narcotic immobilising or similar agent;

"Department" means the Department of Environmental Affairs and Tourism;

"Director-General" means the Director-General of the Department;

"elephant ivory" includes –

(a) a whole or piece of an elephant tusk of any size; or

(b) any piece of ivory cut from an elephant tusk that is twenty centimetres or more in length or one kilogram or more in weight;

"extensive wildlife system" means a system practised on any piece of land which involves, and is large enough and suitable for, the management of self-sustaining wildlife populations in a natural environment with minimal human intervention in the form of –

(a) the provision of water;

(b) the supplementation of food, except in times of drought;

(c) the control of parasites;

(d) the provision of health care; or

(e) the supplementation of wild prey populations;

"hunt", in relation to a specimen of a listed threatened or protected animal species, includes –

(a) to kill such animal by any means, method or device whatsoever;

(b) to capture such animal by any means, method or device whatsoever with the intent to kill the animal;

(d) to lure by any means, method or device whatsoever, or to set a snare or trap for, such animal with the intent to kill the animal,

but excludes the culling of a listed threatened or protected animal in a protected area or which has escaped from a protected area and has become a damage causing animal;

"hunting off-take limit", in relation to a listed threatened or protected animal species, means a limit on the hunting of that species as determined in terms of regulation 76;

"issuing authority" means –

(a) the Minister; or

"kept in captivity" or "captive kept", in relation to a specimen of a listed threatened or protected animal species, means that the animal is or was kept in a controlled environment for a purpose other than –

(a) transfer or transport;

(b) quarantine; or

(c) veterinary treatment;

"listed large predator" means a specimen of any of the following listed threatened or protected species:

(a) Cheetah (Acinonyx jubatus);

(b) Spotted hyaena (Crocuta crocuta);

(c) Brown hyaena (Hyaena brunnea);

(d) Wild dog (Lycaon pictus);

(e) Lion (Panthera leo); or

(f) Leopard (Panthera pardus);

"listed threatened or protected species" means a species listed as a threatened or protected species in Government Notice R……….dated………… published in terms of section 56(1) of the Biodiversity Act;

"management plan", in relation to a protected area, has the meaning assigned to it in section 1 of the Protected Areas Act;

which is responsible for the administration of the Marine Living Resources Act, 1998 (Act No. 18 of 1998);

"mark" means an indelible imprint or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible;

"Minister" means the Cabinet member responsible for environmental affairs;

"nursery" means a facility where a listed threatened or protected plant species is artificially propagated or multiplied for commercial purposes;

"permit" means a permit authorising a restricted activity involving a specimen of a listed threatened or protected species, and includes a standing permit and a CITES permit;

"permit application" means an application in terms of –

(a) regulation 7 for the issuing of a permit; or

(b) regulation 32 for the renewal of a permit;

"person" means a natural or juristic person, and includes –

"prescribed norms and standards" means any national norms and standards issued in terms of –

(a) section 9 of the Biodiversity Act to the extent that they apply to –

(i) restricted activities involving listed threatened or protected species; or

(ii) a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility; or

"protected area" has the meaning assigned to it in section 1 of the Protected Areas Act;

"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);

"put and take animal" means a live specimen of a listed large predator species that is released on a property irrespective of the size of the property for the purpose of hunting the animal;

"registration application" means an application in terms of –

(a) regulation 43 for the registration of a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility; or

(b) regulation 50 for the amendment of the registration of a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility;

"rehabilitation facility" means a facility equipped for the keeping of live specimens of a listed threatened or protected animal species for –

(a) treatment and recovery purposes, in the case of sick or injured specimens;

(b) rearing purposes, in the case of young orphaned specimens; or

(c) quarantine purposes;

"risk assessment" means a risk assessment requested by an issuing authority in terms of section 89 of the Biodiversity Act;

"SANBI" means the South African National Biodiversity Institute established by section 10 of the Biodiversity Act;

"sanctuary" means a facility in which a permanent captive home is provided in a controlled environment for specimens of a listed threatened or protected animal species that would be unable to sustain themselves if released;

"scientific institution" means a zoo, aquarium, museum or herbarium where specimens of a listed threatened or protected species are kept;

"standing permit" means a permit provided for in regulation 5(2).

(2) In these regulations, a word or expression which is a derivative or other grammatical form of a word or expression defined in subsection (1) or in the Biodiversity Act, has a corresponding meaning unless the context indicates that another meaning is intended.

2. The purpose of these regulations is to –

(a) further regulate the permit system set out in Chapter 7 of the Biodiversity Act insofar as that system applies to restricted activities involving specimens of listed threatened or protected species;

3. (1) All permit applications must be decided by an issuing authority.

(5) An official of the Department or a provincial department responsible for the conservation of biodiversity in a province may exercise a power or duty of an issuing authority in terms of the Biodiversity Act or these regulations to the extent that that power or duty has been delegated or sub-delegated to that official in terms of section 42 or 42A of the National Environmental Management Act, 1998 (Act No. 107 of 1998).

4. Section 92 of the Biodiversity Act applies to an issuing authority who is also empowered in terms of any other legislation to authorise an activity which is a restricted activity in terms of the Biodiversity Act.

5. (1) Any person may in terms of section 88(1) of the Biodiversity Act apply for a permit.

(2) Only the following persons may apply for standing permits:

(a) The management authority of a protected area, for a standing permit authorising all restricted activities involving specimens of listed threatened or protected species within the protected area that are necessary for their management in accordance with the management plan of the area;

(b) a veterinarian engaged in the treatment of wild animals, for a standing permit authorising all restricted activities involving specimens of listed threatened or protected animal species that are necessary for their treatment or for applying medical procedures;

(c) a person conducting a registered captive breeding operation, for a standing permit authorising all restricted activities involving specimens of listed threatened or protected animal species kept or bred at that captive breeding operation that are necessary for the purpose for which that captive breeding operation is registered;

(d) a person conducting a registered nursery, for a standing permit authorising all restricted activities involving specimens of listed threatened or protected plant species cultivated at that nursery that are necessary for the purpose for which that nursery is registered;

6. A person is not absolved from applying for a permit in terms of these regulations for the carrying out a restricted activity involving a specimen of a listed threatened or protected species by reason only that that person –

(a) is the holder of a provincial permit, permission or other authorisation issued in terms of provincial legislation which authorises that person to carry out a similar activity in respect of a specimen of such species; or

(b) is exempted or excluded from a provision of provincial legislation prohibiting the carrying out of a similar activity in respect of a specimen of such species without a provincial permit, permission or other authorisation.

7. (1) A person may apply for a permit by submitting an application on the form set out in Annexure 1 to the organ of state mentioned in subregulation (2).

(2) Unless the Minister directs otherwise in the case of a specific application, a permit application must be submitted to –

(3) An application referred to in subregulation (1) must be accompanied by –

(a) a written consent, if required in terms of regulation 8;

8. If the restricted activity applied for is to be carried out on private land and the applicant is not the owner of the land, the applicant must obtain the written consent of the landowner to undertake the proposed restricted activity on that land.

9. (1) An issuing authority may not consider a permit application for –

(i) the purpose for which the predator is to be sold, supplied or exported;

(ii) that the predator is not sold, supplied or exported for hunting purposes; or

(i) the purpose for which the predator is to be purchased or acquired; and

(ii) that the predator is not purchased or acquired for hunting purposes.

(2) Subregulation (1) does not apply to a listed large predator bred or kept in captivity which –

(a) has been rehabilitated in a extensive wildlife system; and

(b) has been fending for itself in the wild for at least two years.

10. (1) If approval of an application is likely to affect the rights of a specific person, the applicant must give notice of the application to that other person.

(2) A person notified of an application in terms of subregulation (1) may within 14 days of having been notified submit to the issuing authority, in writing, any objections that person may have against the application.

11. On receipt of an application in terms of regulation 7, an issuing authority must consider the application in accordance with this Part.

13. When considering a permit application, an issuing authority must, to the extent applicable, take into account –

(a) all applicable legal requirements, in order to ensure that any decision with respect to a permit is consistent with regulation 18;

(b) whether the species to which the application relates is listed in terms of section 56 of the Biodiversity Act as a critically endangered species, an endangered species, a vulnerable species or a protected species; and

(c) all other relevant factors, including –

14. If the application is for a CITES permit, the issuing authority must, in addition to the factors listed in regulation 13, also take into account, as may be determined by the Minister –

(b) notifications issued by the CITES Secretariat; and

(c) any applicable provisions of CITES.

15. When considering an application for an permit to hunt a specimen of a listed threatened or protected animal species, an issuing authority must, in addition to the factors listed in regulation 13, also take into account –

(i) the country as a whole; and

(d) the manner in which, and the hunting instrument by which the hunt is to be carried out; and

16. If a person referred to in regulation 6 applies for a permit in terms of these regulations to carry out a restricted activity involving a specimen of a listed threatened or protected species, the issuing authority considering the application –

(a) may not by reason only that the applicant is the holder of a provincial permit, permission or other authorisation, or is in terms of provincial legislation an exempted or excluded person, issue a permit for that restricted activity in terms of these regulations; and

(b) must consider and decide the application in accordance with the Biodiversity Act, including these regulations.

(iv) the geographic distribution and trends of the species, including –

(aa) the distribution of the natural population;

(bb) the distribution of any translocated and introduced populations; and

(v) the requirements of the species with respect to habitat and climate;

(vi) the role of the species in its ecosystem, taking into account –

(aa) whether the species is a keystone or indicator species;

(bb) the species’ level in the food chain; and

(cc) the functions which the species performs in its ecosystem; and

(vii) the major threats affecting the species nationally and locally;

(f) options for minimising potential risks;

(g) management of potential risks; and

(h) any other information as the issuing authority may determine.

(2) After having taken a decision on a permit application, the issuing authority must, in writing –

(b) if the decision is to refuse the application or to grant the permit on

conditions –

(i) give reasons for the decision to the applicant; and

(ii) draw the applicant’s attention to the fact that an appeal may be lodged against the decision in terms of Part 2 of Chapter 7 of the Biodiversity Act, if such appeal is available in the circumstances of the decision having regard to regulation 36 (2).

19. (1) If an application is approved, the issuing authority must issue a permit in the name of the applicant containing the information referred to in regulation 20.

(2) No permit may be issued with retrospective effect, except as provided for in subregulation (3).

(3) A CITES permit may be issued retrospectively, but only in exceptional circumstances.

20. (1) A permit issued in terms of these regulations must, in addition to the matters referred to in section 90(1)(a)(i) and (ii) of the Biodiversity Act, reflect the following information:

(2) If any prescribed norms and standards apply to the restricted activity for which a permit is issued, that permit must be issued subject to a condition that the permit holder is bound by those norms and standards and must act in accordance with those norms and standards when carrying out the restricted activity.

(3) A permit authorising the hunt of a specimen of a listed threatened or protected animal species must specify the instrument and the method by which the animal may be hunted in terms of that permit.

21. (1) All permits authorising the hunting of a specimen of a listed threatened or protected animal species must, in addition to any other conditions the issuing authority may or must impose, be issued subject to the following conditions:

(a) The animal may not be hunted by means of –

(i) poison;

(ii) trapped against a fence or in a small enclosure where the animal

(2) Subregulation (1)(a)(iv) does not prevent the use of dogs for the purpose of –

(3) Subregulation (1)(a)(v) does not prevent the darting of an animal by a veterinarian, whether on foot or from a motorised vehicle or aircraft, to immobilise or tranquillise the animal for the purpose of –

22. (1) A permit must specify the period for which it remains valid, subject to subregulation (2).

(2) No permit remains valid for more than two months, except –

(a) a standing permit which may be issued for a period of not more than twelve months at a time; or

(b) a CITES permit authorising the –

23. No permit may be transferred to any other person.

24. An issuing authority may on written request by a permit holder issue a duplicate of that permit holder’s permit if the original was lost or stolen, provided that such request is accompanied by –

(a) proof that the original was lost or stolen or an affidavit by that permit holder stating that the permit was lost or stolen; and

(b) the applicable processing fee specified in Annexure 4.

25. (1) The holder of a permit which has been cancelled in terms of section 93 of the Biodiversity Act must return the permit to the issuing authority within 30 days of the date of cancellation.

(2) Any failure by a permit holder to return a cancelled permit in accordance with subregulation (1) may be taken into account by an issuing authority when considering any future application from that person in terms of regulation 7.

take limit has been established if the annual off-take limit for that species is exhausted either nationally or for the relevant province.

Applications for translocating listed threatened or protected animals to extensive wildlife systems

27. An issuing authority must refuse a permit application for the transfer, transport or translocation of a specimen of a listed threatened or protected animal species to an extensive wildlife system –

Applications for captive breeding and keeping of listed large predators

28. (1) An issuing authority must refuse an application for a permit for the captive breeding or keeping of specimens of a listed large predator species except if the purpose of such breeding is for –

(2) An issuing authority must refuse an application for a permit for the captive breeding or keeping of specimens of a listed large predator species if the purpose of such breeding is for –

(a) hunting; or

(b) the sale or supply of such animals to other persons for hunting purposes.

(2) Subregulation (1) (a), (b) or (c) does not apply in respect of a specimen of a listed large predator species bred or kept at a captive breeding operation, sanctuary or rehabilitation facility which –

(a) has been rehabilitated in a extensive wildlife system; and

(b) has been fending for itself in the wild for at least two years.

30. An issuing authority must refuse an application for a permit to transfer, transport or translocate a specimen of a listed large predator species if that predator is to be used as a put and take animal.

31. (1) An issuing authority considering the cancellation of a permit in terms of section 93 of the Biodiversity Act, must–

(2) After having reached a decision on the cancellation of the permit, the issuing authority must –

(a) notify the permit holder of the decision, in writing; and

(b) if the decision is to cancel the permit –

(i) instruct the permit holder to return the permit immediately; and

(ii) draw the attention of the permit holder to the fact that an appeal may be lodged against the decision in terms of Part 2 of Chapter 7 of the Biodiversity Act, if such appeal is available in the circumstances of the decision having regard to regulation 36 (2).

32. (1) The holder of a permit, other than a CITES permit, may before the expiry of the period for which the permit was issued apply in writing to the issuing authority which issued the permit for the renewal of the permit.

(2) An application referred to in subregulation (1) must be accompanied by –

(b) the applicable processing fee as set out in Annexure 4.

33. (1) On receipt of an application in terms of regulation 32, an issuing authority –

(a) must consider the application; and

(2) After having reached a decision on an application for renewal, the issuing authority must –

(a) notify the applicant of the decision, in writing;

(c) if the application was refused –

(i) give reasons for the refusal; and

34. An issuing authority must keep a register of all applications received and permits issued by that issuing authority containing –

35. (1) Every issuing authority must submit to SANBI –

(a) within three months after the end of each year, a return on all permits issued, cancelled and renewed during that year; and

(b) within one week of the end of each month, a return indicating the number of specimens of each listed threatened or protected animal species as may be determined by the Minister –

(i) for which hunting permits were issued by that issuing authority during that month; and

(ii) that were actually hunted during that year, up to the end of that month, under permits issued by that issuing authority.

(2) A return in terms of subregulation (1) must be in a format and contain the information as may be determined by SANBI.

36. (1) This Part applies to decisions that are subject to an appeal to the Minister in terms of section 94(1) of the Biodiversity Act.

(2) No appeal lies against decisions taken by the Minister personally in his or her capacity as an issuing authority.

37. (1) A person aggrieved by a decision referred to in regulation 36 who wishes to appeal against that decision, must within 30 days of being notified of that decision, lodge an appeal with the Minister by submitting that appeal to the issuing authority that took the decision.

(2) An appeal must–

(ii) the applicable processing fee as set out in Annexure 4.

38. The relevant issuing authority must –

39. (1) If the Minister decides to appoint an appeal panel in terms of section 94 of the Biodiversity Act to consider the appeal, the appeal and all the documentation in connection with the appeal must be submitted to that appeal panel.

(2) If the appeal panel consists of –

(a) two members, a decision of the panel must be unanimous; or

(3) The presiding member of the panel appointed in terms of section 95(1)(b) of the Biodiversity Act presides at meetings of the panel.

1. An appeal panel must –

40. When an appeal has been decided in terms of section 96, the appellant must be notified in writing of such decision and reasons must be provided if the appeal had been refused.

41. (1) No person may conduct a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility involving specimens of any listed large predator species or other species listed in CITES Appendix I, unless that breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility is registered in terms of this Chapter with the Department of Environmental Affairs and Tourism.

(2) The Director-General of the Department is the authority responsible for the registration of captive breeding operations, nurseries, scientific institutions, sanctuaries and rehabilitation facilities referred to in subregulation (1) .

42. When considering a registration application, the Director-General must take into account –

(a) all applicable legal requirements in order to ensure that any decision with respect to the registration is consistent with those requirements;

(b) whether the species to which the application relates is listed in terms of section 56 of the Biodiversity Act as a critically endangered species, an endangered species, a vulnerable species or a protected species;

(c) the purpose for which the captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility will be conducted;

(d) all other relevant factors, including –

(i) all relevant documentation and information submitted to it by the applicant;

43. (1) A person intending to conduct a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility that requires registration in terms of regulation 41 (1), must –

(b) give notice to the Director-General, in writing, that an application has been submitted to the provincial department responsible for the conservation of biodiversity in the relevant province.

(2) An application referred to in subregulation (1) must be accompanied by –

(b) the applicable processing fee set out in Annexure 4.

44. (1) If approval of a registration application is likely to affect the rights of a specific person, the applicant must give notice of the application to that person.

(2) A person notified of an application in terms of subregulation (1) may within 14 days of having been notified submit to the Director-General, in writing, any objections that person may have against the application.

45. (1) On receipt of an application in terms of regulation 43, the head of the provincial department responsible for the conservation of biodiversity in the relevant province must –

(2) After receiving an application in terms of subregulation (1)(c), the Director-General –

(4) After having reached a decision on an application, the Director-General must, in writing –

(b) if the decision is to refuse the application or to grant the registration on conditions –

(i) give reasons for the decision to the applicant; and

46. If the Director-General decides to grant an application for registration of a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility, the Director-General must –

47. (1) A registration issued in terms of these regulations must reflect the following information:

(2) If any prescribed norms and standards apply to the captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility for which registration is granted, that registration must be issued subject to a condition that the registration holder is bound by those norms and standards and must act in accordance with those norms and standards in conducting that captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility.

Compulsory conditions for registrations of captive breeding operations, sanctuaries and rehabilitation facilities involving specimens of listed large predators

48. A registration issued in respect of a captive breeding operation, sanctuary or rehabilitation facility involving specimens of listed large predator species must, in addition to any other conditions the issuing authority may impose, be issued subject to a condition that the person to whom the registration is granted –

(i) for hunting purposes;

49. (1) The Director-General may amend a registration certificate –

Applications for amendment by holder of registration certificate

50. (1) The holder of a registration certificate may at any time apply to the Director-General for an amendment of the certificate.

(2) An application in terms of subregulation (1) must be –

51. (1) On receipt of an application in terms of regulation 50, the Director-General –

(a) must consider the application;

(b) may refer the application to the head of the provincial department responsible for the conservation of biodiversity in the province in which the relevant captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility is situated, for a recommendation; and

(2) After having reached a decision on an application, the Director-General must –

(c) if the application was refused –

(i) give reasons for the refusal to the applicant; and

(ii) draw the applicant’s attention to the fact that an appeal may be lodged against the decision in terms of Part 5 of this Chapter; and

(d) notify the head of the provincial department responsible for the conservation of biodiversity in the relevant province of the decision.

52. The Director-General may on own initiative amend a registration certificate if it is necessary –

53. The Director-General–

(c) may refer the proposed amendment to the head of the provincial department responsible for the conservation of biodiversity in the province in which the relevant captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility is situated, for a recommendation.

54. After having reached a decision whether or not to amend the registration certificate, the Director-General must–

(a) notify the holder of the registration certificate, in writing;

(b) if the decision is to amend the registration certificate –

(i) give reasons for the decision to the holder of the registration;

(ii) issue an amended registration certificate to the holder; and

(iii) draw the attention of the holder of the registration to the fact that an appeal may be lodged against the decision in terms of Part 5 of this Chapter; and

(c) notify the head of the provincial department responsible for the conservation of biodiversity in the relevant province of the decision.

55. The Director-General may cancel the registration of a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility in accordance with regulation 56 if –

56. (1) If the Director-General intends cancelling the registration of a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility the Director-General –

(c) may refer the proposed cancellation to the head of the provincial department responsible for the conservation of biodiversity in the province in which the relevant captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility is situated, for a recommendation.

(2) The Director-General must, before deciding to cancel a registration, consider any representations submitted in terms of subregulation (1)(b).

(3) If a registration is cancelled, the Director-General must –

(a) notify the holder of the registration certificate, in writing;

(b) give reasons for the decision to the holder of the registration;

(c) draw the attention of the holder of the registration to the fact that an appeal may be lodged against the decision in terms of Part 5 of this Chapter; and

(d) notify the head of the provincial department responsible for the conservation of biodiversity in the relevant province of the decision.

57. The holder of a registration must immediately return the registration certificate to the Director-General if the registration is cancelled.

58. (1) An applicant or holder of a registration who feels aggrieved by a decision taken by the Director-General in terms of regulation 56 may appeal to the Minister within 30 days of being notified of such decision.

(2) An appeal must be submitted to the Director-General and must –

(a) set out the grounds for the appeal; and

(ii) the applicable processing fee as set out in Annexure 4.

(3) The Director-General must –

(a) acknowledge receipt of the appeal; and

(b) submit the appeal to the Minister, together with –

(i) the reasons for the decision; and

(ii) all relevant documentation in possession of the Director-General

which was taken into account to arrive at the decision.

(2) When an appeal has been decided, the Director-General must notify –

(a) the appellant in writing of the decision and the reasons if the appeal is refused; and

(b) the head of the provincial department responsible for the conservation of biodiversity in the relevant province of the decision, if the appeal has been upheld.

(2) All the decisions of the CITES Management Authority is taken by the Director-General who may delegate to an official within the Department any power or duty exercised by the Director-General in terms of this Chapter.

61. The CITES Management Authority is responsible for ensuring that CITES is implemented in the Republic, and must –

62. Issuing authorities have the following functions relating to the implementation of CITES in their respective jurisdictional areas:

63. An issuing authority may not issue a CITES permit –

64. A Scientific Authority is hereby established.

(3) Whenever necessary, the Director General must request each provincial department responsible for the conservation of biodiversity in the province, South African National Parks, the SANBI, the natural history museums or the National Zoological Gardens, as the case may be, to nominate persons for appointment to the Scientific Authority in accordance with subregulation (1).

66. (1) Whenever necessary, the Minister must appoint one of the members of the Scientific Authority as the Chairperson and another of the members as the Deputy Chairperson of the Scientific Authority.

(2) The Deputy Chairperson acts as chairperson if –

(a) the Chairperson is absent or unable to perform the functions of chairperson; or

(b) the office of chairperson is vacant.

68. The Minister may remove a member of the Scientific Authority from office, but only on the ground of –

(a) misconduct, incapacity or incompetence;

69. Whenever a vacancy arises in the membership of the Scientific Authority, the Minister must fill the vacancy in accordance with regulation 65(3).

70. (1) The Scientific Authority must meet at least once a year for the determination of annual non-detriment findings referred to in section 62 of the Biodiversity Act, which must be published before the end of November of each year.

(2) The Chairperson may convene additional meetings as and when necessary.

71. The Scientific Authority may co-opt expert advisors from within or outside the public service to be present and speak at meetings.

72. A member of the Scientific Authority or another person co-opted to participate in a meeting who is not present at the meeting, may participate in the meeting by telephone, radio, closed-circuit television, the internet or any other medium of instantaneous communication, provided that –

(a) a facility for such communication is available; and

74. (1) A majority of the persons serving as members of the Scientific Authority at the time a meeting is held, constitutes a quorum for a meeting of the Scientific Authority.

(2) A matter before a meeting of the Scientific Authority is decided by a supporting vote of a majority of the members present at the meeting.

(3) A member of the Scientific Authority who participates in a meeting in accordance with regulation 72 must for the purpose of subregulation (2) be regarded as being present at the meeting.

75. (1) Any person who is in possession of elephant ivory or rhino horn must within three months of commencement of these regulations apply in writing to the department responsible for the conservation of biodiversity in the relevant province to have such elephant ivory or rhino horn –

(a) marked in accordance with subregulation (2); and

(b) registered on the national database for rhino horn and elephant ivory.

(2) The department responsible for the conservation of biodiversity in the relevant province, if satisfied that the possession of the elephant ivory or rhino horn is lawful, must, at the expense of the person applying for marking –

(a) mark the elephant ivory by means of punch-die, or if not practicable, with indelible ink, using the following formula:

(i) the country-of-origin two letter ISO code and the last two digits of the particular year, followed by a forward slash;

(ii) the serial number for the particular year, followed by a forward slash; and

(iii) the weight of the ivory in kilograms; or

(b) mark the rhino horn by means of………………..

76. (1) SANBI must each year before the end of September determine for the following year annual hunting off-take limits for the country as a whole and per province in respect of a listed threatened or protected animal species determined by the Minister.

(2) Hunting off-take limits must be determined only after an appropriate consultation process has been conducted involving –

(a) the Department;

(b) provincial departments responsible for biodiversity management;

(c) the organised hunting industry; and

(d) other relevant role players.

(3) Hunting off-take limits set in terms of this regulation do not apply to listed threatened or protected animal species culled in protected areas in accordance with the management plans of the respective areas.

77. (1) Any person who, immediately before the commencement of these regulations, conducts a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility involving specimens of a threatened or protected species referred to in regulation 41(1) must, within three months of such commencement, apply for registration of that captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility in terms of regulation 43.

(2) If an application referred to in subregulation (1) is refused in terms of regulation 45(3)(b) because the applicant does not meet the requirements for captive breeding operations, nurseries, scientific institutions, sanctuaries or rehabilitation facilities, the Director-General must, after notifying the applicant of the refusal, afford the applicant a reasonable opportunity to comply with such requirements and to reapply for registration within a period determined by the Director-General.

78. (1) A person is guilty of an offence if that person –

(a) contravenes a provision of regulation 41 (1);

(2) A person registered to conduct a captive breeding operation, nursery, scientific institution, sanctuary or rehabilitation facility is guilty of an offence if that person –

79. (1) A person convicted of an offence in terms of regulation 78 is liable to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment.

(2) A fine in terms of subregulation (1) may not exceed an amount prescribed in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).

80. These regulations are called the Threatened and Protected Species Regulations, 2006, and take effect on a date determined by the Minister by notice in the Government Gazette.