| (1) |
The Minister may make regulations relating to— |
| (a) |
the monitoring of compliance with and enforcement of norms and standards referred to in section 9; |
| (i) |
[Section 97(1)(b)(i) deleted by section 30(a) of Act No. 14 of 2013]; |
| (ii) |
the facilitation of the implementation and enforcement of section 57(1), 57(1A) or any notice published in terms of section 57(2); |
[Section 97(1)(b)(ii) substituted by section 30(b) of Act No. 14 of 2013]
| (iiiA) |
the circumstances in which restricted activities involving threatened or protected species may not be carried out; |
[Section 97(1)(b)(iiiA) inserted by section 30(c) of Act No. 14 of 2013]
| (iv) |
the facilitation of the implementation and enforcement of an international agreement regulating international trade in specimens of species to which the agreement applies and which is binding on the Republic; |
[Section 97(1)(b)(iv) substituted by section 45(a) of Act No. 14 of 2009]
| (v) |
the minimising of the threat to the survival in the wild of a listed threatened or protected species; |
| (vi) |
the minimising of the threat to the ecological integrity of a listed ecosystem; |
| (vii) |
the composition and operating procedure of the scientific authority; |
[Section 97(1)(b)(vii) amended by section 45(b) of Act No. 14 of 2009]
| (aa) |
limiting the number of permits for a restricted activity; |
| (bb) |
qualifications or requirements necessary for the undertaking of a restricted activity; |
| (cc) |
criteria for the equitable allocation of permits for a restricted activity; |
[Section 97(1)(b)(viii) substituted by section 30(d) of Act No. 14 of 2013]
| (ix) |
the hunting industry; |
[Section 97(1)(b)(ix) inserted by section 45(d) of Act No. 14 of 2009]
| (x) |
the duty of care in respect of threatened or protected species; |
[Section 97(1)(b)(x) inserted by section 30(e) of Act No. 14 of 2013]
| (xi) |
the management of threatened or protected species that cause damage; |
[Section 97(1)(b)(xi) inserted by section 30(e) of Act No. 14 of 2013]
| (xii) |
the collection of samples for genetic analyses; |
[Section 97(1)(b)(xii) inserted by section 30(e) of Act No. 14 of 2013]
| (i) |
[Section 97(1)(c)(i) deleted by section 30(f) of Act No. 14 of 2013]; |
| (ii) |
[Section 97(1)(c)(ii) deleted by section 30(f) of Act No. 14 of 2013] |
| (iiA) |
the circumstances under which a restricted activity involving alien species or listed invasive species, may not be carried out; |
[Section 97(1)(c)(iiA) inserted by section 30(g) of Act No. 14 of 2013])
| (iii) |
the facilitation of the implementation and enforcement of section 65, 67 or 71; |
| (iv) |
the prescription of compulsory conditions for any permit issued in terms of section 65(1) or 71(1); |
[Section 97(1)(c)(v) substituted by section 30(h) of Act No. 14 of 2013]
| (vi) |
the control and eradication of listed invasive species; and |
[Section 97(1)(c)(vi) substituted by section 30(h) of Act No. 14 of 2013]
| (vii) |
the coordination and implementation of programmes for the prevention, control or eradication of invasive species; |
[Section 97(1)(c)(vii) inserted by section 30(i) of Act No. 14 of 2013]
| (d) |
biosafety and the environment; |
| (dA) |
a system and 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; |
[Section 97(1)(dA) inserted by section 30(j) of Act No. 14 of 2013]
| (i) |
[Section 97(1)(e) deleted by section 30(k) of Act No. 14 of 2013] |
| (ii) |
the form and content of, and requirements and criteria for, notification requirements referred to in section 81A and benefit-sharing agreements and material transfer agreements; |
[Section 97(1)(e)(ii) substituted by section 45(e) of Act No. 14 of 2009]
| (iii) |
moneys payable in connection with benefit-sharing agreements and material transfer agreements; and |
| (iv) |
the administration of the Bioprospecting Trust Fund; |
| (i) |
the conditions subject to which issuing authorities may issue permits in terms of this Act; |
[Section 97(1)(f)(i) substituted by section 30(l) of Act No. 14 of 2013]
| (ii) |
the procedure to be followed and the fees to be paid in connection with the lodging and consideration of applications and issuance of permits or registrations; |
[Section 97(1)(f)(ii) substituted by section 30(m) of Act No. 14 of 2013]
| (iiA) |
the procedure to be followed and the fees to be paid in connection with the marking of specimens; |
[Section 97(1)(f)(iiA) inserted by section 30(n) of Act No. 14 of 2013]
| (iii) |
the powers of issuing authorities when considering and deciding such applications; |
| (iv) |
the conditions with which applicants must comply before or after the lodging of their applications; |
| (v) |
appropriate consultation processes; |
| (vi) |
the authorities whose consent is required before permits may be issued; |
| (vii) |
the factors that must be taken into account when deciding applications; |
| (viiA) |
timeframes for the consideration and issuance of a permit or registration by an issuing authority; |
[Section 97(1)(f)(viiA) inserted by section 30(o) of Act No. 14 of 2013]
| (viiB |
the conducting and evaluation of a risk assessment; |
[Section 97(1)(f)(viiB) inserted by section 30(o) of Act No. 14 of 2013]
| (viii) |
the circumstances in which applications must be refused or may be approved; |
| (viiiA) |
the different types of permits that may be issued in terms of this Act; |
[Section 97(1)(f)(viiiA) inserted by section 30(p) of Act No. 14 of 2013]
| (ix) |
the categories, form and contents of permits and the geographical area where permits apply; |
[Section 97(1)(f)(ix) substituted by section 30(q) of Act No. 14 of 2013]
| (x) |
the conditions on which permits must be issued, or guidelines for determining conditions on which permits may be issued; |
| (xi) |
methods, procedures and conditions of enforcing compliance with the conditions of a permit; |
| (xiA) |
the circumstances or conditions under which permits or registrations may be amended, refused or cancelled; |
[Section 97(1)(f)(xiA) inserted by section 30(r) of Act No. 14 of 2013]
| (xii) |
the giving of security in respect of any obligation that may arise from carrying out a restricted activity authorised by a permit, and the form of such security; |
| (xiii) |
the period of validity of permits; |
[Section 97(1)(f)(xiii) substituted by section 30(s) of Act No. 14 of 2013]
| (xiv) |
the transferability of a permit or registration; |
[Section 97(1)(f)(xiv) substituted by section 30(s) of Act No. 14 of 2013]
| (xv) |
the duties and reporting requirements of issuing authorities, permit holders and registration holders; |
[Section 97(1)(f)(xv) substituted by section 30(s) of Act No. 14 of 2013]
| (xvi) |
[Section 97(1)(f)(svi) deleted by section 30(t) of Act No. 14 of 2013]; |
| (fA) |
self-administration within the biodiversity sector and the recognition of associations relating to persons, operations or facilities contemplated in section 59 of the Act; |
[Section (1)(fA) inserted by section 30(u) of Act No. 14 of 2013]
| (g) |
any other matter that may be prescribed in terms of this Act; |
[Section (1)(g) substituted by section 30(v) of Act No. 14 of 2013]
| (h) |
any other matter that may be necessary to facilitate the implementation of this Act; and |
[Section (1)(h) substituted by section 30(w) of Act No. 14 of 2013]
| (i) |
any matter that is necessary or expedient to achieve the objectives of the Act. |
[Section (1)(i) inserted by section 30(x) of Act No. 14 of 2013]
| (2) |
Any regulation with direct fiscal implications may be made only with the concurrence of the Minister of Finance. |
| (3) |
Before publishing any regulations in terms of subsection (1), or any amendment to the regulations, the Minister must follow a consultative process in accordance with sections 99 and 100. |
| (3A) |
Any regulation made in terms of this Act must be submitted to Parliament 30 days prior to the publication of the regulations in the Gazette. |
[Section 97(3A) inserted by section 30(y) of Act No. 14 of 2013]
| (4) |
Subsection (3) need not be applied to a non-substantial change to the regulations. |
Exchange Control Amnesty and Amendment of Taxation Laws Act, 200
