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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 6 : Associations or Organisations Involved in the Utilisation of Listed Threatened or Protected Marine Species

56. Recognition of associations or organisations

 

(1) Any association or organisation representing persons or facilities involved in the utilisation of listed threatened or protected marine species, including but not limited to facilities or operations contemplated in regulation 2 of these Regulations, wishing to be considered for any dispensation in terms of the Biodiversity Act or these Regulations, may apply in writing to the Director-General of the Department for recognition.

 

(2) An application contemplated in subregulation (1) may be approved if the applicant—
(a) is a juristic person;
(b) can provide proof that it represents a substantial proportion of its sector on a national level;
(c) can provide proof that it will be able to perform a function or provide support to the relevant sector to the same standard as the issuing authority or delegated entity;
(d) has adopted a code of responsible conduct and good practices, which is—
(i) ascribed to by its members;
(ii) aligned with the objectives of the Biodiversity Act; and
(iii) acceptable to the Director-General of the Department;
(e) gives a written undertaking to the Director-General of the Department that it will—
(i) enforce its code of responsible conduct and good practices against members who breach the code; and
(ii) report to the issuing authority any case of alleged criminal conduct by any of its members involving the carrying out of a restricted activity or a breach of any conditions subject to which any permit was granted to such member; and
(f) has a clear policy on broad-based black economic empowerment to include persons from disadvantage communities as members.

 

(3) The Director-General must inform an associations in writing of the outcome of their application in terms of subregulation (1) and (2), and provide reasons if the decision is to not recognise such association.