National Environmental Management: Biodiversity Act, 2004 (Act 10 of 2004): Threatened or Protected Species Regulations.

These Regulations comprising 75 articles divided into VIII Chapters aim to (i) further regulate the permit system outlined in Chapter 7 of the Biodiversity Act as it pertains to restricted activities involving specimens of listed threatened or protected species; (ii) establish registration requirements for captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries, rehabilitation facilities, and wildlife traders; (iii) regulate the practice of specific restricted activities, including hunting; (iv) prohibit certain restricted activities involving particular listed threatened or protected species; (v) protect wild populations of listed threatened species; (vi) define the composition and operational procedures of the Scientific Authority.
Chapter II outlines a permit system for listed threatened or protected species, requiring issuing authorities to meet all legal standards when reviewing applications. Authorities must notify applicants of decisions in writing within five business days; if an application is denied or approved with conditions, an explanation and appeal information must be provided. Approved permits must be issued within five business days and include essential details, such as applicant and permit information, and cannot be issued retroactively. Chapter III mandates registration for facilities involved in captive breeding, commercial exhibition, game farming, nurseries, scientific research, sanctuaries, rehabilitation, and wildlife trading. Applications require detailed documentation, with the issuing authority notifying affected parties if rights are impacted. Approved registrations are issued within 10 days, specifying conditions to prevent inbreeding and prohibiting breeding in sanctuaries. Chapter IV addresses procedures for renewing, amending, and canceling permits and registration certificates. Chapter V sets requirements for hunting organization recognition. Organizations must apply to the Director-General, enforce a code of ethical conduct among members, report criminal or unethical behavior, and promote black economic empowerment. The Director-General may withdraw recognition for non-compliance, with prior notice and an opportunity for response. Chapter VI details appeals procedures, while Chapter VII establishes a Scientific Authority responsible for biodiversity compliance oversight. The Authority includes representatives from relevant departments, South African National Parks, museums, and the National Zoological Gardens, with members appointed by the Minister. The Authority must meet at least annually, may convene additional meetings, and may involve expert advisors. Chapter VIII enforces wildlife protection measures, requiring the marking, registration, and permitting of elephant ivory and rhinoceros horn. Existing operations, like breeding facilities and nurseries, must register within three months. The South African National Biodiversity Institute (SANBI) sets annual hunting limits, excluding certain protected areas. Offenses include unauthorized activities with protected species, document forgery, and tampering with markings. Penalties include fines, imprisonment of up to five years, or both. An annex provides necessary forms.