Threatened or Protected Species Regulations, 2007 (No. R. 152 of 2007).

hese Regulations, enacted under the National Environmental Management Biodiversity Act, 2004, are designed to protect and conserve threatened species, encompassing both marine plants and animals, by providing comprehensive rules for managing biodiversity and regulating restricted activities involving listed threatened or protected species.
Structured into eight chapters and 75 articles, the Regulations establish a permit system (Chapters II & VII) that governs restricted activities involving threatened or protected species. Issuing authorities must adhere to legal standards when reviewing applications, providing written notifications within five business days (including explanations for denials or conditions), and issuing approved permits within the same timeframe. These permits are non-retroactive and must contain all essential details. Chapter VII further details the Scientific Authority's composition, operational procedures, and its crucial role in biodiversity compliance oversight. The Regulations also set forth mandatory registration requirements (Chapter III) for various operations, including captive breeding facilities, commercial exhibition venues, game farms, nurseries, scientific institutions, sanctuaries, rehabilitation centers, and wildlife traders. Applications require detailed documentation, with affected parties notified if their rights are impacted, and approved registrations are issued within 10 days, specifying conditions to prevent inbreeding and explicitly prohibiting breeding in sanctuaries. Existing operations must register within three months. Additionally, the Regulations govern specific restricted activities, such as hunting, and prohibit certain activities involving particular listed threatened or protected species. Finally, they focus on wild population protection (Chapter VIII), enforcing measures like marking, registration, and permitting for elephant ivory and rhinoceros horn.
Beyond these core frameworks, the Regulations also cover several other important aspects. These include provisions for integrated permits and actions concerning dangerous or harmful animals, requirements for environmental impact assessments, and the recognition of hunting organizations (Chapter V). Recognized organizations must apply to the Director-General, enforce ethical conduct among members, report misconduct, and promote black economic empowerment; recognition can be withdrawn for non-compliance after due process. Appeal procedures (Chapter VI) are detailed, along with rules for renewing, amending, and canceling permits and registration certificates (Chapter IV). The South African National Biodiversity Institute (SANBI) is responsible for setting annual hunting limits, with specific exclusions for certain protected areas. Lastly, the Regulations define various offenses, such as unauthorized activities with protected species, document forgery, and tampering with markings, with penalties that can include fines, imprisonment of up to five years, or both. An annex provides all necessary forms.