Base de Datos de Legislación

CHAPTER 4
THREATENED OR PROTECTED ECOSYSTEMS AND SPECIES

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Part 2
Protection of threatened or protected species

56. Listing of species that that are threatened or in need of national protection
(1) The Minister may, by notice in the Gazette, publish a list of-
(a) critically endangered species, being any indigenous species facing an extremely high risk of extinction in the wild in the immediate future;
(b) endangered species, being any indigenous species facing a high risk of extinction in the wild in the near future, although they are not a critically endangered species;
(c) vulnerable species, being any indigenous species facing an extremely high risk of extinction in the wild in the medium-term, although they are not a critically endangered species or an endangered species; and
(d) protected species, being any species which are of high conservation value or national importance or require regulation in order to ensure that the species are managed in an ecologically sustainable manner.

(Section 56(1)(d) amended by section 4(a) of Act 14 of 2013)

(1A) The Minister may further categorise within the different categories of species listed in subsection (1)(a) to (d) when compiling the lists referred to in subsection (1).

(Section 56(1A) inserted by section 4(b) of Act 14 of 2013)

(1B) The notice contemplated in subsection (1) may apply generally throughout the Republic or a province, as the case may be, or only in a specified area or category of areas.

(Section 56(1B) inserted by section 4(b) of Act 14 of 2013)

(2) The Minister must review the lists published in terms of subsection (1) at least every five years.

57. Restricted activities involving listed threatened or protected species and species to which an international agreement regulating international trade applies

(Heading of section 57 amended by section 5(a) of Act 14 of 2013)

(1) A person may not carry out a restricted activity involving a specimen of a listed threatened or protected species without a permit issued in terms of Chapter 7.
(1A) A person may not import, export, re-export or introduce from the sea, a specimen of a species listed in terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora without a permit issued in terms of Chapter 7.

(Section 57(1A) inserted by section 5(b) of Act 14 of 2013)

(2) The Minister may, by notice in the Gazette and subject to such conditions as the Minister may specify in the notice, prohibit the carrying out of any activity-
(Words preceding paragraph (a) of section 57(2) amended by section 5(c) of Act 14 of 2013)
(a) which is of a nature that may negatively impact on the survival of a listed threatened or protected species; and
(b) which is specified in the notice,
or prohibit the carrying out of such activity without a permit issued in terms of Chapter 7.

(3) Subsections (1) and (1A) do not apply in respect of a specimen of a listed threatened or protected species or a species to which an international agreement regulating international trade applies conveyed from outside the Republic in transit through the Republic to a destination outside the Republic, provided that such transit through the Republic takes place with the required original documentation from the country of origin accompanying the shipment.

(Section 57(3) amended by section 5(d) of Act 14 of 2013)

(4)
(a) The Minister may, by notice in the Gazette and subject to such conditions as the Minister may specify in the notice, exempt a person or category of persons from a restriction contemplated in subsection (1) or (1A).
(b) Before granting an exemption in terms of paragraph (a), the Minister must follow a consultative process in accordance with sections 99 and 100.

(Section 57(4) inserted by section 35 of Act 14 of 2009)
(Section 57(4)(a) amended by section 5(e) of Act 14 of 2013)

(5) A notice in terms of subsection (2) or (4) may—
(a) apply generally—
(i) throughout the Republic or a province, as the case may be, or only in a specified area or specified category of areas;
(ii) to all persons or only to a specified category of persons;
(iii) to all species or only to a specified species or specified category of species; or
(b) differentiate between—
(i) areas or categories of areas;
(ii) persons or categories of persons; or
(iii) species or categories of species.

(Section 57(5) inserted by section 5(f) of Act 14 of 2013)
(Commencement date of section 57: 1 April 2005 [Proc. No. 47, Gazette No. 26887])

58. Amendment of notices
The Minister may be notice in the Gazette amend or repeal any notice published in terms of section 56(1), or 57(2) or (4).

(Section 58 substituted by section 36 of Act 14 of 2009)
(Section 58 amended by section 6 of Act 14 of 2013)