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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 1 : Application for permits

4. Carrying out a restricted activity

 

(1) A person may carry out a restricted activity involving a specimen of a listed threatened or protected marine species, only if he or she is the holder of a permit issued—
(a) in accordance with Chapter 7 of the Biodiversity Act, and
(b) in accordance with these Regulations;

unless the Minister has exempted the carrying out of such restricted activity involving such specimen in terms of section 57(4) of the Biodiversity Act.

 

(2) A person contemplated in subregulation (1) requires a permit to carry out a restricted activity even if—
(a) he or she has been granted written permission by—
(i) the owner of land or property where the restricted activity will be carried out, or
(ii) the owner of the specimen in respect of which the restricted activity will be carried out; and
(b) the owner contemplated in paragraph (a) is in possession of a permit to carry out such restricted activity himself or herself.