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Laws of South Africa

Directions Regarding Measures to Address, Prevent and Combat the Spread of Covid-19 Relating to the Biodiversity Sector

Made 2020-06-05 · Text as of 2026-10-01

Public law and official guidance, published as research. Not legal, tax or financial advice.

About this law

Language
English
Kind
Regulation
Country
South Africa
Subjects
Environment, General
Keywords
coronavirus disease (COVID-19), hazards, public health, risk assessment/management, biodiversity, biosafety, authorization/permit, environmental security

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Text

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  1. 1. Definitions In these Directions, any word or expression to which a meaning has been assigned in the Regulations, the National Environmental Management: Biodiversity Act, the TOPS Regulations, the CITES Regulations, the AIS Regulations, the BABS Amendment Regulations and applicable provincial conservation legislation, bears the meaning so assigned and, unless the context otherwise indicates - "AIS Regulations" means the Alien and Invasive Species Regulations issued In terms of section 97(1) of the, National Environmental Management: Biodiversity Act and published on 1 August 2014 in Government Notice No. R. 598 of Government Gazette No. 37885; "applicable provincial conservation legislation" means any Provincial Act, Ordinance or Decree that regulates biodiversity conservation matters; "BABS Amendment Regulations" means the Bio-Prospecting, Access and Benefit Sharing Amendment Regulations issued in terms of section 97(1) of the National Environmental Management:. Biodiversity Act and published on 19 May 2015 in Government Notice No. R. 447 of Government Gazette No. 38809; "CITES Regulations" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations issued in terms of section 97(1) of the National Environmental Management: Biodiversity Act and published on 5 March 2010 in Government Notice No. R.173 of Government Gazette No. 33002; "Disaster Management Act" means the the Disaster Management Act, 2002 (Act No. 57 of 2002); "National Environmental Management: Biodlversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); "Regulations" means the Regulations issued in terms of section 27(2) of the Disaster Management Act and published on 29 April 2020 in Government Notice No. R.480 of Government Gazette No. 43258; "subsistence hunting" means hunting for the primary purpose of the hunter acquiring game meat for food security; and "TOPS Regulations" means the Threatened or Protected Species Regulations issued in terms of section 97(1) of the National Environmental Management: Biodiversity Act and published on 23 February 2007 in Government Notice No. R. 52 of Government Gazette No. 29657 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 5 JUNIE 2020 No. 43409   5

  2. 2. Purpose The purpose of these Directions is to: (a) ensure fair processes relating to permits, registrations, and Certificates during Alert Level 3; and (b) provide direction in respect of the carrying out of certain activities by the biodiversity sector in ternis of the National Environmental Management Biodiversity Act, the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) and any applicable provincial conservation legislation during Alert Level 3.

  3. 3. Application 3.1 These Directions apply to- (a) issuing authorities who are responsible for the processes listed in paragraphs 4, 5 and 6; and (b) all applicants and holders of permits, registrations, and certificates related to the matters dealt with in paragraphs 4, 5 and 6. 3.2 Where any issuing authority affected by these Directions has publicly indicated that a different arrangement applies, in respect of paragraphs 4, 5 and 6, such an arrangement will prevail over any arrangement indicated in these Directions.

  4. 4. Extension of timeframes 4.1 The timeframes of permits, registrations and certificates that have expired during the period of lockdown and Alert Level 4 are hereby extended, or will be deemed to be extended, for a period of 30 working days from the date of publication of these Directions. Holders of these permits, registrations and certificates must apply to the relevant issuing authorities for renewal of such permits, registrations and certificates within 10 working days of publication of these Directions. 4.2 The timeframes of permits, registrations and certificates that have expired during Alert Level 3, or which will expire during Alert Level 3, are hereby extended, or will be deemed to be extended, for a period of 30 working days after the end of Alert Level 3. Holders of these permits, registrations and certificates must apply to the relevant issuing authorities for renewal of such permits, registrations and certificates within 10 working days after the end of Alert Level 3. This gazette is also available free online at www.gpwonline.co.za 6   No. 43409 GOVERNMENT GAZETTE, 5 JUNE 2020

  5. 5. Applications for and Issuing of permits, registrations and certificates 5.1 Any activity carried out during Alert Level 3 involving biodiversily resources, which requires a permit, registration or certificate in terms of the National Environmental Management: Biodiversity Act or any applicable provincial conservation legislation, must be carried out in terms of such a permit, registration or certificate. 5.2 Persons must submit applications for permits, registrations and certificates during Alert Level 3 in the manner as set out in Annexure 1 to these Directions. 5.3 Issuing authorities will receive and process applications, and issue permits, registrations and certificates during Alert Level 3, as set out in Annexure 1 to these Directions, unless publicly stated otherwise. 5.4 Applications referred to in subparagraph 5.2 apply to permits, registrations and certificates required in terms of the National Environmental Management: Biodiversity Act, or any applicable provincial conservation legislation.

  6. 6. Activities 6.1 All activities that were permitted with restrictions as contained in the Directions regarding Measures to Address, Prevent and Combat the Spread of COVID 19 related to the Biodiversity Sector, published in Government Notice No. 537 in Government Gazette No. 43323 of 14 May 2020, as amended by Government Notice No. 596 in Government Gazette No 43355 of 26 May 2020, are regarded to be permitted activities with no restrictions under these Directions, unless otherwise indicated in these Directions. 6.2 The provisions of these Directions apply to only those specimens of species that are regulated in terms of the National Environmental Management: Biodiversity Act or in terms of applicable provincial conservation legislation. 6.3 Culling and subsistence hunting are permissible. 6.4 Moving, conveying or otherwise translocating of live or dead specimens or products is permissible, including across district, metro or provincial borders, subject to the permit required by the Regulations. This gazette is also available free online at www.gpwonline.co.za I I STAATSKOERANT, 5 JUNIE 2020 No. 43409   7 6.5 Wildlife auctions are permissible in accordance with the Directions regarding Measures to Address, Prevent and Combat the Spread of COVID 19 related to the Biodiversity Sector, published in Government Notice No. 537 in Government Gazette No. 43323 of 14 May 2020, as amended by Government Notice No. 596 in Government Gazette No 43355 of 26 May 2020 for Alert Level 4. 6.6 Live or dead specimens or products may be imported into, or exported from the Republic of South Africa, subject to phytosanitary or animal health requirements, and subject to any applicable Directions issued by the Cabinet member responsible for Trade, Industry and Competition. 6.7 Persons may apply for new registrations, or for the inclusion of new species to, existing permits and registrations. 6.8 All bioprospecting and biotrade activities may continue. 6.9 Professional hunting: (a) The conducting of professional hunting courses may continue; and (b) Persons who will not be able to meet the requirements for the renewal of permits to operate as professional hunters and hunting outfitters, will nevertheless be able to renew such permits during or immediately after the national state of disaster, as a once -off waiver of such requirements. 7 Commencement and duration These Directions come into effect on the date of publication in the Government Gazette, and will apply during Alert Level 3. This gazette is also available free online at www.gpwonline.co.za Permitting and inspection services to be provided by issuing authorities in terms of the National Environmental Management: Blodiversity Act or any applkable provincial conservation legislation in respect of the activities contemplated in these Directions for the duration of Alert Level 3 of the national state of disaster 8   No. 43409 to be provided Mechanism for provision of the Department of Environment, Forestry Receipt of applications for Permit applications must be submitted by email, foc and Fisheries permits o TOPS to: toosoermits@environment gov.za; o CITES to: mgianedijenvironment.00v.za: and o AIS to: aisoermrtenvironment_oov.za; BABS Notifications for the Discovery Phase of Bioprospecting or applications for permits for the Commercialisation Phase of Bioprospecting, including Biotrade, to: BAB nvironment ov.za. Evaluation of permit applications Evaluation of applications for permits for TOPS, CITES and AIS will be conducted electronically; and In respect of applications for BAGS permits: o Evaluation of applications for the Discovery Phase of Bioprospecting will be conducted electronically (dedicated officials are available to perform this function); o Preliminary evaluation of applications that require further evaluation by the Bioprospecting Advisory Committee, will be done by the BAGS Secretariat electronically (dedicated officials are available to perform this function); and o The Bioprospecting Advisory Committee will evaluate permit applications and GOVERNMENT GAZETTE, 5 JUNE 2020 make recommendations electronically. This gazette is also available free online at www.gpwonline.co.za Inspections Site inspections will be conducted, and where such inspections are required but cannot be conducted, permits will be issued provisionally, subject to a condition that an inspection will be conducted at a later date to be determined by the issuing authority. No site -visits! inspections will be conducted for applications requiring recommendation from the Bi cprussDer-tinr) Ad ,Psor y Committee. Issuing Authority Service to be provided I Mechanism for provision of the service Recommendations from the Bioprospectigg Advisory Committee will be processed provisionally, subject to a condition that an inspection will be conducted at a later stage, of which the date will be determined by the issuing authority. Issuing of permits Permits for approved applications for TOPS, CITES and AIS will be issued manually by officials in the office; and Approved BAGS permits will be issued manually (dedicated officials are available to perform this function). Dispatch of permits Permits for TOPS, CITES and AIS will be dispatched by- o E -mail; or o Collection by courier (for the cost of the permit holder); and Issued permits and Registered Notifications to be dispatched to the applicant by an email or courier services (dedicated officials are available to perform this function). Reporting by BAGS permit All reports received from the permit holders will be reviewed electronically (dedicated holders officials are available to perform this function). Processing of monetary benefits All monetary benefits received in the Bioprospecting Trust Fund will be processed in received in the Bioprospecting accordance with the Departmental Financial Policy (dedicated officials are available to Trust Fund perform this function). North West Province: Receipt of applications for Applications must be submitted via the online North West Biodiversity e- permitting STAATSKOERANT, 5 JUNIE 2020 permits system (NIPAS). Department of Economic Development, Environment, Evaluation of permit applications Evaluation of applications for permits will be done via the North West Biodiversity e- Conservation and Tourism This gazette is also available free online at www.gpwonline.co.za permitting system (NIPAS). Inspections All site inspections will be conducted during normal office hours. Issuing of permits Permits will be issued via the North West Biodiversity e- permitting system (NIPAS). Dispatch of permits Permits will be dispatched via the North West Biodiversity e- permitting system (NIPAS). No. 43409   9 Issuing Authority SErutce to he provided [ Mechanism for provision of the service Limpopo Province: Receipt of applications for Applications must be submitted by e-mail to: permits Head Office: permitsfilledetaov.za, Department of Economic 10   No. 43409 Capricorn District: moenaolm ledetaov.za; Development, Environment and Tzaneen District: tshuketanalt@ledetgov.za; Tourism Klaserie District: wiuginsIrgilledet.aov.za; Phalaborwa District deiderkddledetaov.za; Giyani District: balovimeilledet oov.za; Waterberg District o choshik' ladet .za (Thabazimbi Service Centre); o Malherberciilledetaov.za (Molwpane Service Centre); o mbowenik ladet. ov.za (Lephalale Service Centre); and o Phekold@ledetgov.za, (Modimolle Service Centre); Vhembe District o malekasfitalledetuov.za (Makhado Service Centre); and o Makondoheledetaov.za ( Musina Service Centre); and Sekhukhune District o mametiamneilledetgov.za; and o maeselarodledetgov.za. Evaluation of permit applications Skeleton staff will be in the office to print and evaluate applications. Inspections To be conducted in respect of: o damage-causing animals; o any restricted activity involving lion, leopard, rhinoceros and elephant; GOVERNMENT GAZETTE, 5 JUNE 2020 o export of hunting trophies of species included in Appendix I of CITES; and o attendance of de- homing operations on rhinoceros and hunting of elephants by This gazette is also available free online at www.gpwonline.co.za local hunters; and Where inspections, other than those mentioned above, are required but cannot be conducted, ' permits will be issued provisionally, subject to a condition that an ins n will be conducted at a later date to be determined by the issui ng autho rity . Issuing of permits The following permits can be issued: o Permits for export of CITES hunting trophies to be issued at Head Office; o rt of non-CITES hunti ng t o phtes; and Issuing Authority L Service to be provided Mechanism for provision of the service o Other permits for TOPS will be issued at the respective service centres; and Permits will be issued upon receipt of proof of payment, which must be sent by e- mail to the relevant permits office es indicated above. Dispatch of permits Permits can be collected by courier or by permit holders during designated hours. Gauteng Province: Receipt of applications for Applications must be submitted by e-mail, to patience .mthembutiilgautsna.uov.za. rnits Department of Economic Evaluation of permit applications All applications for permits will be processed upon receipt of fully completed application Development, Environment, forms and proof of payment of application fees. Agriculture and Rural Development Inspections Essential inspections will be conducted. Issuing of permits Permits will be issued in respect of approved applications. Dispatch of permits Permits may be collected by courier or will be e- mailed to applicants. Mpumalanga Province: Receipt of applications for No applications for permits for TOPS to be issued in terms of the National permits Environmental Management: Biodiversity Act, will be received. Mpumalanga Tourism and Parks Applications for permits to be issued in terms of the provincial conservation AgencY legislation, must be submitted -via the online Mpumalanga Biodiversity e- permitng system (NIPAS). Where permits cannot be submitted via the Mpumalanga Biodiversity e- permitting STAATSKOERANT, 5 JUNIE 2020 system (NIPAS), applications must be submitted by e -mail, to This gazette is also available free online at www.gpwonline.co.za Evaluation of permit applications No applications for permits for TOPS will be evaluated in terms of the National Environmental Management Biodiversity Act Evaluation of all other applications for permits will be done via the Mpumalanga Biodiversity e- permitting system ( NIPAS). Where applications for permits are submitted by e -mail, applications will be evaluated electronically. No. 43409   11 I Service to be provided Issuing Authority i Mechanism for provision of the service Inspections Inspections will be conducted in respect of all applications that involve TOPS. The relevant issuing authority must be contacted for information on any other 12   No. 43409 inspections. Issuing of permits No permits in respect of TOPS will be issued in terms of the Biodiversity Act. Where applications for permits have been submitted via the Mpumalanga Biodiversity e- permitting system (N1PAS), such permits will be issued via the e- permitting system. Where applications for permits have been submitted by e-mail, permits will be issued manually be skeleton staff. Permits for the establishment of new facilities will be issued in the case where inspections have been conducted prior to the commencement of lock down. Dispatch of permits Where permits have been issued via the Mpumalanga Biodiversity e- permitting system (NIPAS), such permits will be dispatched via the e- permitting system. Where permits have been issued manually, permits will be dispatched electronically or by post. Eastern Cape Province: Receipt of applications for Applications for the following permits must be submitted via e- Permits by logging in or permits registering on goy Department of Economic Captivity; Development, Environmental Affairs Certificates of Adequate Enclosure; and and Tourism Export, import, transport and re- export. GOVERNMENT GAZETTE, 5 JUNE 2020 Applications must be submitted by e -mail, to: Head Office - King Williams Town, for This gazette is also available free online at www.gpwonline.co.za o Permits for CITES: noluthando.bamAd edea. qovia and o Permits for TOPS and professional hunting: buntu.mzamotidedea rrovza; Regional offices, for permits for TOPS and for provincial permits: o Alfred Nzo District - Matatiele: PemmbAlfredNzo6fidedea.uay.za; o Amathole District - East London: ovia; o Sarah Baamlman District - Port Elizabeth: ilMana o Sarah Baartman District- Port Elizabeth (for research): Luzuko.Dal'Oded ea. gZv .za' I Issuing Authority Service to be provided 4 Mechanism for provision of the service o Sarah Baarlman District - Jeikeys Bar Permits -Seel« eildldedea.aov.za; o Sarah Baarknan District-G Reinet PamilsGradIRekteeldedeaoovza o Sarah Baartnan District Grahamstown: o Chris Hani District Queenstown: Penrxks-ChrisHaniededea.gov.za, o Joe Gqabi District - Aliwal North: Pennils loeGaabilikledeagov.za and o OR Tambo District Mthatha: Penn- ORTamboildedeaoov.za Evaluation of permit applications Skeleton staff will be in the office to evaluate applications. Inspections Inspections will be conducted for urgent applications. Issuing of permits Permits will be issued manually by officials. Dispatch of permits Permits will be dispatched by- E -mail; Collection by courier (for the Cost of the permit holder); and Arrangement by appointment for collection of hunting licenses and TOPS permit books. Free State Province: Receipt of applications for Applications must be submitted bye -mail via (to log in). rmits Department of Economic Evaluation of permit applications Skeleton staff will be in the office to print and evaluate applications. Development, Tourism, STAATSKOERANT, 5 JUNIE 2020 Environmental Affairs and Small Inspections Inspections will be conducted in respect of damage -causing animals; and Business Development Permits will be issued provisionally, with a condition that inspections will be conducted progressively as determined by operational capacity by the issuing This gazette is also available free online at www.gpwonline.co.za authority, at which point the final approval with be given to continue/ discontinue the activities that were subject to inspection. Issui n2 of P rmits Permits will be issued electronicall . Dispatch of permits Permits will be dispatched electronically. No. 43409   13 Issuing Autfioritr I Service to be provided Mechanism for provision of . Northern Cape Province: Receipt of applications for Applications must be submitted by e -mail, to: booklevetomail.com and permits paulsedavid tamalLcom: and 14   No. 43409 Department of Environmental Affairs Applications for permits that have expired during Alert Levels 5 and 4 may be and Nature Conservation submitted to the issuing authority. Evaluation of permit applications Skeleton staff will be available to evaluate applications electronically. Inspections No inspections will be conducted, except in the case of damage-causing animals threatening human life; and Where inspections are required but cannot be done, permits will be issued provisionally. Issuing of permits Permits can be issued for any applications that do not require inspections, and where permits require an inspection, these permits will be issued provisionally, subject to a condition that an inspection will be conducted at a later date to be determined by the issuing authority; and Permits are issued electronically and signed digitally. Dispatch of permits Permits will be e- mailed b permit holders. KwaZulu-Natal Province: Receipt of applications for Applications must be submitted by e- mail to permits@l¢nwildlife.com; and permits Proof of payment will be required to accompany all applications. Ezemvelo KwaZulu -Natal Wildlire Evaluation of permit applications GOVERNMENT GAZETTE, 5 JUNE 2020 Measures are in place for the evaluation of permit applications; and Staff are worldng remotely or will be in the office, as and when required This gazette is also available free online at www.gpwonline.co.za Inspections Inspections will be carried out by District Conservation Officers; Inspections will be conducted in respect of damage -causing animals; and export of hunting trophies; and All applications will be sent to the relevant District Conservation Officers for evaluation and recommendations. Based on these recommendations, rr. rmits can be Issuing Authority I Service to be provided Mechanism for provision of the service issued without inspection, or with a condition that an inspection will be conducted at a later date to be determined by Ezemvelo KIN Wildlife. Issuing of permits Permits are issued electronically. Dispatch of permits Permits will be e- nailed; and CITES permits required to be issued in the original may be ooltected by courier or in person. Receipt of applications for No applications for permits for TOPS, to be issued in terms of the National permits Environmental Management Biodiversityy Act, will be received; and Applications for permits, to be issued in terms of provincial conservation legislation, may be submitted through the normal channels; i.e. e -mail, online permit system, hand delivery, mail, etc. Evaluation of permit applications No applications for permits for TOPS will be evaluated in terms of the National Environmental Management Biodiversity Act; and Evaluation of all other applications for permits will be done as per normal procedures; i.e. online and/ or indice as required. Inspections Inspections will be conducted as per normal procedures. Issuing of permits STAATSKOERANT, 5 JUNIE 2020 No permits in respect of TOPS will be issued; Permits for CITES will be issued manually; and M other permits will be issued electronically or manually. All permits can be renewed! extended upon application horn the dient. Any such This gazette is also available free online at www.gpwonline.co.za application is regarded as a new application, for which an application form and application fee must be submitted. Dispatch of permits All permits will be dispatched as per normal procedures and as requested by the applicant (i.e. posted, collected and I or dispatched electronically via e-mail or per online permit syste m. No. 43409   15

Directions Regarding Measures to Address, Prevent and Combat the Spread of Covid-19 Relating to the Biodiversity Sector · Nelum