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National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Regulations

Threatened or Protected Marine Species Regulations, 2017

Provisions Relating to Listed Threatened or Protected Marine Species

Chapter 2 : Permit System for Listed Threatened or Protected Marine Species

Part 4 : Issuing of permits

20. Circumstances in which permits must be refused

 

(1) The issuing authority must refuse to issue a permit if the—
(a) applicant has not signed the application form;
(b) applicant has failed to pay the applicable processing fee as set out in Annexure 3 to these Regulations;
(c) application is not accompanied by the information contemplated in regulation 8(4) of these Regulations; or
(d) the carrying out of a restricted activity is prohibited in terms of section 57(2) of the Biodiversity Act; or
(e) registration of a facility is compulsory in terms of Chapter 3 of these Regulations, and the facility to which the application relates is not registered.

 

(2) In addition to the factors in subregulation (1), the issuing authority must refuse to issue a permit if the application relates to breeding in a sanctuary.

 

(3) In addition to the factors contemplated in subregulation (1), the issuing authority must refuse to issue a permit if it relates to—
(a) swimming with dolphins; or
(b) advertising an experience to swim with dolphins;

whether or not it will be done for commercial purposes.