قاعدة بيانات التشريعات

CHAPTER 4
THREATENED OR PROTECTED ECOSYSTEMS AND SPECIES

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Part 3
Trade in listed threatened or protected species

59. Functions of Minister
The Minister-
(a) must monitor-
(i) compliance with section 57 (1) insofar as trade in specimens of listed threatened or protected species is concerned; and
(ii) compliance in the Republic with an international agreement regulating international trade in specimens of endangered species which is binding on the Republic;
(b) must consult the scientific authority on issues relating to trade in specimens of endangered species regulated by such an international agreement;
(c) must prepare and submit reports and documents in accordance with the Republic‘s obligations in terms of such an international agreement;
(d) may provide administrative and technical support services and advice to organs of state to ensure the effective implementation and enforcement in the Republic of such an international agreement;
(e) may make information and documentation relating to such an international agreement publicly available;

(Section 59(e) amended by section 7(a) of Act 14 of 2013)

(f) may prescribe a system and the requirements for the compulsory or voluntary registration of persons, institutions, ranching operations, game farms, nurseries, captive breeding or keeping operations and other facilities or operations, and the recognition of associations relating to these persons, operations or facilities; and

(Section 59(f) amended by section 7(a) of Act 14 of 2013)

(g) may prescribe a system and the requirements for the compulsory registration of professional hunters, hunting outfitters and trainers in the hunting industry.

(Section 59(g) inserted by section 7(b) of Act 14 of 2013)

60. Establishment of scientific authority
(1) The Minister must establish a scientific authority for the purpose of assisting in regulating and restricting the trade in specimens of listed threatened or protected species and species to which an international agreement regulating international trade applies.

(Section 60(1) amended by section 8 of Act 14 of 2013)

(2) The Institute must provide logistical, administrative and financial support for the proper functioning of the scientific authority.

61. Functions of scientific authority
(1) The scientific authority must-
(a) monitor in the Republic the legal and illegal trade in specimens of listed threatened or protected species;
(b) advise the Minister and any other interested organs of state on the matters that it monitors;
(c) make recommendations to an issuing authority on applications for permits referred to in section 57(1) or (2);
(d) make non-detriment findings on the impact of actions relating to the international trade in specimens of listed threatened or protected species and species to which an international agreement regulating international trade applies;

(Section 61(1)(d) amended by section 9 of Act 14 of 2013)

(e) advise the Minister on-
(i) the registration of ranching operations, nurseries, captive breeding operations and other facilities;
(ii) whether an operation or facility meets the criteria for producing species considered to be bred in captivity or artificially propagated;
(iii) the choice of a rescue centre or other facility for the disposal of forfeited specimens;
(iv) any amendments to a notice published in terms of section 56(1) or 57(2);
(v) the nomenclature of species; or
(vi) any other matter of a specialised nature;
(f) assist the Minister or an environmental management inspector in the identification of specimens for the purpose of enforcing the provisions of this Act;
(g) issue certificates in which the identification of a specimen is verified as being taxonomically accurate;
(h) perform any other function that may be-
(i) prescribed; or
(ii) delegated to it by the Minister in terms of section 47D of the National Environmental Management Act; and
(i) deal with any other matter necessary for, or reasonably incidental to, its powers and duties.

(2) In performing its duties, the scientific authority must-
(a) base its findings, recommendations and advice on a scientific and professional review of available information; and
(b) consult, when necessary, organs of state, the private sector, non-governmental organisations, local communities and other stakeholders before making any findings or recommendations or giving any advice.

62. Annual non-detriment findings
(1) The Minister must, by notice in the Gazette, publish any non-detriment findings made by the scientific authority on trade in specimens of listed threatened or protected species and species to which an international agreement regulating international trade applies, in accordance with the requirements of the international agreement regulating international trade that are binding on the Republic.

(2) Any interim findings of the scientific authority must be published in the Gazette by the Minister for public information within 30 days after the finding has been made.

(3) Before publishing, amending or repealing a notice in terms of subsection (1), the Minister must publish any non-detriment findings made by the scientific authority in the Gazette, inviting members of the public to submit to the scientific authority, within 30 days of publication in the Gazette, written scientific information relating to the non-detriment findings.

(Section 62(1) and (2) amended and 62(3) inserted by section 10 of Act 14 of 2013)

62A. Amendment of notices
The Minister may by notice in the Gazette amend or repeal a notice published in terms of section 62(1).

(Section 62A inserted by section 11 of Act 14 of 2013)