Exchange Control Amnesty and Amendment of Taxation Laws Act, 200
R 385
National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsThreatened or Protected Marine Species Regulations, 2017Provisions Relating to Listed Threatened or Protected Marine SpeciesChapter 3 : Registration of Captive Breeding Facilities, Rehabilitation Facilities, Sanctuaries, Temporary Holding Facilities, Exhibition Facilities and Wildlife TranslocatorsPart 2 : Consideration of registration applications37. Factors to be taken into account by issuing authorities when considering registration applications |
| (1) | When considering an application for registration, an issuing authority must consider— |
| (a) | all the information and documentation submitted by the applicant to the issuing authority in connection with the application, including any additional information requested; |
| (b) | whether all applicable legal requirements have been complied with; |
| (c) | whether an applicant is under investigation for, or has been convicted of, an offence in terms of the Biodiversity Act; and |
| (d) | whether an application for registration has previously been refused or cancelled. |
| (2) | The issuing authority must, in addition to the provisions of subregulation (1) and to the extent applicable, also take into account— |
| (a) | whether the species to which the application relates is listed in terms of section 56 of the Biodiversity Act as a critically endangered species, an endangered species, a vulnerable species or a protected species; |
| (b) | the purpose for which the captive breeding facility, rehabilitation facility, sanctuary, temporary holding facility or exhibition facility, is conducted; |
| (c) | whether the applicant is prepared to micro-chip or mark, where appropriate, each specimen of the listed threatened or protected marine species bred or kept at the relevant facility or specimens associated with operating as a wildlife translocator; |
| (d) | how the breeding in captivity of a specimen of a listed threatened or protected marine species to which the application relates, will contribute to the conservation of the particular species; and |
| (e) | all other relevant factors. |
