NATIONAL ENVIRONMENTAL MANAGEMENT BIODIVERSITY ACT 10 OF 2004: REPUBLICATION OF THE DRAFT REGULATIONS PERTAINING TO LISTED THREATENED OR PROTECTED TERRESTRIAL SPECIES AND FRESHWATER SPECIES FOR PUBLIC COMMENT
Notice Title: National Environmental Management Biodiversity Act 10 of 2004 (“NEMBA”): Republication of the draft Regulations Pertaining to Listed Threatened or Protected Terrestrial Species and Freshwater Species for public comment
Government Notice: GN 3962 in GG 49469 on 12 October 2023
Commencing date: Comments to be submitted on or before 10 November 2023
The Minister of Forestry, Fisheries and the Environment, republished, for public comment, the draft Regulations Pertaining to Listed Threatened or Protected Terrestrial Species and Freshwater Species in terms of section 97(1)(b)(ii); (iii); (iiiA); (v); (vii); (viii); (ix); (x); (xi) and (xii); (c)(v); (dA); (f); (g); (h) and (i), read with sections 99 and 100 of the NEMBA.
Several shortcomings of the TOPS Regulations, 2007 are intended to be addressed in the draft Regulations Pertaining to Threatened or Protected Terrestrial Species and Freshwater Species, through the –
- prescribing of additional activities that impact on listed TOPS, as restricted activities, namely darting, release and angling;
- inclusion of specific restrictions pertaining to live specimens of listed freshwater fish species;
- inclusion of provisions which prohibit domestic trade in imported specimens of species included in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
- clarification of the powers of issuing authorities to issue permits, and the different types of permits;
- extension of time frames for the consideration and issuing of permits and registrations;
- alignment of the TOPS Regulations with other legislative tools (e.g. norms and standards) issued in terms of NEMBA;
- inclusion of compulsory reporting requirements by permit holders and issuing authorities;
- inclusion of additional grounds for compulsory refusal of permits and registrations;
- inclusion of the consideration of the well-being of animals in administrative decision-making;
- inclusion of a duty of care in respect of the permit holder towards specimens of the listed TOPS to which the permit relates; and
- adjustment of processing fees for applications for permits and registrations.
The draft Regulations Pertaining to Listed Threatened or Protected Terrestrial Species and Freshwater
Species, once promulgated, will repeal and replace the TOPS Regulations, 2007.
Members of the public are invited to submit written comments and inputs on or before 10 November 2023. For a copy of the Government Gazette Notice click here.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za.
