Regulations for the registration of professional hunters, hunting outfitters and trainers, 2014 (No. 1147 of 2014)

405339—A 38347—1 AIDS HELPLINE: 0800-0123-22 Prevention is the cure Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID-AFRIKA Vol. 594 Pretoria, 18 December Desember 2014 No. 38347 N.B. The Government Printing Works will not be held responsible for the quality of “Hard Copies” or “Electronic Files” submitted for publication purposes This gazette is also available free online at www.gpwonline.co.za 2 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 CONTENTS • INHOUD GENERAL NOTICE Environmental Affairs, Department of General Notice 1147 National Environmental Management: Biodiversity Act (10/2004): Regulations for the registration of professional hunters, hunting outfitters and trainers .......................................................................................................................... 3 38347 Gazette No. Page No. No. IMPORTANT NOTICE The Government Printing Works will not be held responsible for faxed documents not received due to errors on the fax machine or faxes received which are unclear or incomplete. 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DEPARTMENT OF ENVIRONMENTAL AFFAIRS NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ACT NO. 10 OF 2004) REGULATIONS FOR THE REGISTRATION OF PROFESSIONAL HUNTERS, HUNTING OUTFITTERS AND TRAINERS I, Bomo Edith Edna Molewa, Minister of Environmental Affairs, hereby give notice of my intention to make regulations relating to the registration of professional hunters, hunting outfitters and trainers under Section 97(1)(dA) read with Section 100 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), set out in the Schedule hereto. Members of the public are invited to submit to the Minister, within 30 days after the publication of the notice in the Gazette, written comments or inputs to the following addresses: By post to: The Director-General Department of Environmental Affairs Attention: Mr Thomas Mbedzi Private Bag X447 Pretoria 0001 By hand at: 473 Steve Biko Street, Arcadia, Pretoria, 0083. By e-mail: nmbedzienvironment.00v.za Any inquiries in connection with the notice can be directed to Mr Thomas Mbedzi at (012) 399 9605. Comments received after the closing date may not be considered. ,I,0It......t BOMO E I ITH EDNA MOLEWA MINISTER OF ENVIRONMENTAL AFFAIRS This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 3 GENERAL NOTICE NOTICE 1147 OF 2014 SCHEDULE TABLE OF CONTENTS CHAPTER 1 INTERPRETATION, PURPOSE AND APPLICATION 1. Definitions 2. Purpose and application of these Regulations CHAPTER 2 APPLICATION FOR REGISTRATION AS PROFESSIONAL HUNTER, HUNTING OUTFITTER OR TRAINER 3. Requirement in terms of these Regulations to operate as a professional hunter, hunting outfitter or trainer 4. General requirement to operate as professional hunter, hunting outfitter or trainer 5. Issuing authority 6. Application to register as a professional hunter, hunting outfitter or trainer CHAPTER 3 REQUIREMENTS TO REGISTER AS PROFESSIONAL HUNTER, HUNTING OUTFITTER OR TRAINER 7. Requirements to register as professional hunter 8. Requirements to register as hunting outfitter 9. Requirements to register as trainer CHAPTER 4 ADMINISTRATION OF REGISTRATION AS PROFESSIONAL HUNTER, HUNTING OUTFITTER OR TRAINER 10. Consideration of and decision on application to register as professional hunter, hunting outfitter or trainer 11. Factors to be taken into account when considering applications for registration as professional hunter, hunting outfitter or trainer 12. Request for additional information 13. Issuing of the registration certificate This gazette is also available free online at www.gpwonline.co.za 4 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 14. Compulsory conditions applicable to the holder of a registration as professional hunter, hunting outfitter or trainer 15. Validity of registration certificates 16. Amendment of a registration as professional hunter, hunting outfitter or trainer 17. Refusal, suspension or cancellation of a registration as professional hunter, hunting outfitter or trainer CHAPTER 5 MISCELLANEOUS 18. Additional requirement applicable to the holder of a registration as hunting outfitter 19. Reporting by the Department and provincial conservation authorities 20. Compliance monitoring 21. Transitional provision 22. Offences and Penalties 23. Short title and commencement This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 5 CHAPTER 1 INTERPRETATION, PURPOSE AND APPLICATION Definitions 1. (1) In these Regulations, unless the context indicates otherwise, a word or expression defined in the Biodiversity Act has the same meaning, and "agent" means a person who is not a citizen of, or a resident in, the Republic, and who markets, offers or advertises the hunting of a specimen of an indigenous animal species for or on behalf of a hunting outfitter; "applicable provincial legislation" means legislation in terms of which biodiversity matters are regulated in a province; "applicant" means a person who applies for registration in terms of these regulations; "approved syllabus" means the contents of the professional hunting course that have been approved by all provincial conservation authorities as being adequate and sufficient to enable a person to (a) obtain a permit issued in terms of provincial conservation legislation to operate as professional hunter, hunting outfitter or trainer; and (b) register as professional hunter, hunting outfitter or trainer in terms of these Regulations; "approved protocol" means the protocol relating to the assessment of candidates, inspection of facilities where the professional hunting course is presented and the moderation of trainers, as approved by MINMEC; "Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No.10 of 2004); "coup-de-grace" means a final shot, or a shot of mercy, given to kill a wounded specimen of an indigenous animal species; "duly authorised trainer" means a trainer who has (a) obtained a permit issued in terms of provincial conservation legislation; and (b) registered in terms of these Regulations; to present the professional hunting course; "hunt" in relation to a specimen of an indigenous animal species means (a) to kill, or attempt to kill, such specimen by any means, method or device whatsoever; (b) to search for, lie in wait for, drive, pursue, or to discharge any missile at, such specimen with the intent to kill; or (c) to lure by any means, method or device whatsoever, such specimen with the intent to kill; This gazette is also available free online at www.gpwonline.co.za 6 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 in order to obtain the tusk, horn, skin or any other recognisable part of such specimen as a momento of the hunt; "hunting client" means a person who is not a citizen of the Republic and also not a resident in the Republic, whether or not he or she pays or rewards a hunting outfitter, directly or indirectly for, or in connection with, the hunting of a specimen of an indigenous animal species, but excludes such person who hunts on land of which he or she is the owner; "hunting outfitter" means a person who markets, assists with, offers, advertises or organizes the hunting of a specimen of an indigenous animal species, whether directly or through the use of an agent; "IPPHC" means the Inter-Provincial Professional Hunting Committee; "MINMEC" means an intergovernmental forum of the Minister and Members of the Executive Councils responsible for environmental matters in the provinces, established in terms of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005); "person" means a natural or juristic person; "professional hunter" means a person who conducts a hunt, or offers or agrees to escort, guide, assist or accompany a hunting client in order to enable such hunting client to hunt a specimen of an indigenous animal species; "professional hunting course" means a course developed for the training of professional hunters or hunting outfitters, whether or not registered in terms of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and presented in accordance with an approved syllabus; "provincial conservation authority" means the provincial department or provincial organ of state responsible for the conservation of biodiversity in a province; "registration" means a registration in terms of these Regulations; "registration certificate" means a certificate issued in terms of Chapter 4 of these Regulations; "Republic" means the Republic of South Africa; "TOPS Regulations" means the regulations pertaining to threatened or protected species, as promulgated in terms of section 97 of the Biodiversity Act; and "trainer" means a person who presents the professional hunting course, and has the same meaning as assigned to a director of a professional hunting school in terms of applicable provincial legislation. (2) In these regulations, a word or expression which is a derivative or other grammatical form of a word or expression defined in sub regulation (1) or in Biodiversity Act, has a corresponding meaning, unless the context indicates that another meaning is intended. Purpose and application of these Regulations 2. (1) The purpose of these Regulations is to provide a system for the national registration of professional hunters, hunting outfitters and trainers. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 7 (2) These Regulations must be read in conjunction with the TOPS Regulations and applicable provincial legislation. (3) Only a South African citizen may register in terms of these Regulations as a professional hunter, hunting outfitter or trainer. (4) These Regulations do not absolve the holder of a registration to comply with the provisions of applicable provincial legislation, particularly as far as it relates to professional hunters, hunting outfitters and trainers. (5) The provisions of these Regulations, as far as it relates to hunting, apply to a specimen of an indigenous animal species. CHAPTER 2 APPLICATION FOR REGISTRATION AS PROFESSIONAL HUNTER, HUNTING OUTFITTER OR TRAINER Requirement in terms of these Regulations to operate as a professional hunter, hunting outfitter or trainer 3. A person may not operate as a professional hunter, hunting outfitter or trainer, unless such person is registered in terms of these Regulations. General requirement to operate as professional hunter, hunting outfitter or trainer 4. (1) A person who intends to operate as a professional hunter, hunting outfitter or trainer in any province, must (a) have attended and passed the professional hunting course; (b) obtain a permit that authorizes him/ her to operate as professional hunter, hunting outfitter or trainer, from each of the relevant provincial conservation authorities where he or she so intends to operate; and (c) register in terms of these Regulations. (2) Sub regulation (1)(a) does not apply to a person who obtained a permit to operate as a professional hunter, hunting outfitter or trainer, prior to the coming into effect of the requirement in terms of applicable provincial legislation to have completed and passed the professional hunting course. Issuing authority 5. The Minister is the issuing authority for the registration of professional hunters, hunting outfitters and trainers. Application to register as a professional hunter, hunting outfitter or trainer 6. (1) A person who intends to apply for registration in terms of these Regulations as a professional hunter, hunting outfitter or trainer, must This gazette is also available free online at www.gpwonline.co.za 8 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 (a) first apply for a permit to the relevant conservation authority in the province where he or she intends to operate as a professional hunter, hunting outfitter or trainer; and (b) then apply for registration in terms of these Regulations. (2) Unless the Minister directs otherwise, a person must submit an application to register as a professional hunter, hunting outfitter or trainer, to the Department. (3) The form for an application contemplated in sub regulation (2) is set out in Annexure 1 to these Regulations. CHAPTER 3 REQUIREMENTS TO REGISTER AS PROFESSIONAL HUNTER, HUNTING OUTFITTER OR TRAINER Requirements to register as professional hunter 7. A person who applies for registration as professional hunter in terms of these Regulations must submit to the Department (a) a completed application form; (b) proof that he or she is a South African citizen; (c) proof that he or she is of the minimum age of 18; (d) a copy of a valid permit issued by any relevant provincial conservation authority authorizing him/ her to operate as a professional hunter in that particular province; and (e) proof of payment of a prescribed application fee as set out in Annexure 3 to these Regulations. Requirements to register as hunting outfitter 8. A person who applies for registration as a hunting outfitter in terms of these Regulations must submit to the Department (a) a completed application form; (b) proof that he or she is a South African citizen; (c) proof that he or she is of the minimum age of 18; (e) a copy of a valid permit issued by any relevant provincial conservation authority authorizing him/ her to operate as a hunting outfitter in that particular province; and (f) proof of payment of a prescribed application fee as set out in Annexure 3 to these Regulations. Requirements to register as a trainer 9. (1) A person who applies for registration as a trainer in terms of these Regulations must submit to the Department This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 9 (a) a completed application form; (b) proof that he or she is a South African citizen; (c) proof that he or she is in possession of a valid permit issued by any relevant provincial conservation authority authorizing him/ her to operate as a trainer in that particular province; (d) a full curriculum vitae containing (i) the applicant's personal detail; (ii) the applicant's past ten (10) years' experience in the accompanying of hunting clients and the organizing and management of hunts, including an approximate number of hunts organized and total number of hunting clients accompanied, where the hunting clients accompanied by the applicant himself/ herself are separated from those accompanied by other professional hunters; (iii) references from hunting clients; (iv) copies of professional hunters and hunting outfitters permits, valid at the time of this application; (v) references from an internationally recognized professional hunter's association; (vi) details of experience in marketing hunting overseas, including details of at least one major international hunting convention attended; and (vii) a summary of presentations made by the applicant in order to demonstrate the applicant's communication and presentation skills; (e) a résumé of the lecturers who will be appointed to lecture on the various subjects; (f) details of the necessary training facilities, which must include as a minimum the following (i) accommodation, washing and sanitary conveniences for ten (10) students; (ii) sufficient ablution facilities; (iii) shooting range; (iv) gun safe sufficient to hold all students' fire arms; (v) provide terrain where free roaming specimens of indigenous animal species are present for practical experience; (vi) hunting, skinning, handling and dispatch services; (vii) transport; (viii) first aid and firefighting services; (ix) staff services; and This gazette is also available free online at www.gpwonline.co.za 10 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 (x) lecture room with the necessary audio-visual equipment and slide shows for species identification which includes small and large mammals and birds; (g) a copy of the training manual to be used by the applicant; and (h) proof of payment of a prescribed application fee as set out in Annexure 3 to these Regulations. (2) The provisions of paragraph (d), (e) and (f) of sub regulation (1) do not apply to an applicant who is already the holder of a permit issued in terms of applicable provincial legislation to operate as a trainer prior to the commencement of these Regulations. CHAPTER 4 . ADMINISTRATION OF REGISTRATION AS PROFESSIONAL HUNTER, HUNTING OUTFITTER OR TRAINER Consideration of and decision on an application to register as a professional hunter, hunting outfitter or trainer 10. (1) The consideration of an application for registration as a trainer in terms of these Regulations by a person who, prior to the commencement of these Regulations has not yet obtained a permit issued in terms of applicable provincial legislation to operate as a trainer, is subject to the following evaluation procedure (a) the application for the registration must be submitted to the conservation authority of the province in which the applicant intends to operate as a trainer; (b) an official of the provincial conservation authority contemplated in paragraph (a) must conduct an inspection of the facilities of the applicant and must scrutinize the training manual; (c) if the facilities and training manual contemplated in paragraph (b) are found to be in order, the conservation official contemplated in paragraph (b) must refer the application to the IPPHC for evaluation at its first meeting following the receipt of the application; (d) if the IPPHC is satisfied that the applicant meets the necessary requirements contemplated in regulation 9, the IPPHC must invite the applicant to the next meeting of the IPPHC to be interviewed by members of (i) the IPPHC; (ii) an association representing the professional hunting industry on a national level; and (iii) an association representing trainers on a national level; (e) if, during the interview, the competence of the applicant is found to be in order, the IPPHC must make a positive recommendation regarding the appointment of the applicant as a trainer, to the relevant director or manager of the provincial conservation authority contemplated in paragraph (a) and the issuing authority contemplated in regulation 5. (2) Upon receipt of an application contemplated in regulation 7, 8 or 9, the issuing authority contemplated in regulation 5 must consider and decide on the application within 10 working days. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 11 Factors to be taken into account when considering applications for registration as a professional hunter, hunting outfitter or trainer 11. When considering an application for registration as a professional hunter, hunting outfitter or trainer, the issuing authority must consider (a) all the information and documentation submitted by the applicant in connection with the application, including any additional information requested by the issuing authority in terms of regulation 12 of these Regulations; (b) permits that have been issued by provincial conservation authorities to authorize the applicant to operate as a professional hunter, hunting outfitter or trainer, and any conditions attached thereto; and (c) any applicable legal requirements. Request for additional information 12. (1) Notwithstanding the information contemplated in regulation 7, 8 and 9(1), the issuing authority may request any additional relevant information it deems necessary in support of the application. (2) The issuing authority must request the additional information contemplated in sub regulation (1), within 5 working days of receipt of the application. (3) The issuing authority must consider and decide on the application within 10 working days of receipt of the additional information. Issuing of the registration certificate 13. (1) The issuing authority must, within 5 working days of having made a decision in terms of regulation 10 or regulation 12(3), issue the registration certificate (a) in the name of the person who will be operating as professional hunter, hunting outfitter or trainer; and (b) in the form set out in Annexure 2 to these Regulations. (2) No registration certificate may be issued with retrospective effect. Compulsory conditions applicable to the holder of a registration as professional hunter, hunting outfitter or trainer 14. (1) The issuing authority must issue the registration certificate as professional hunter, hunting outfitter or trainer subject to the following conditions (a) the holder of the registration is not authorised to operate as a professional hunter, hunting outfitter or trainer, unless the holder of the registration is also the holder of a permit, issued by each provincial conservation authority in terms of applicable provincial conservation legislation where he or she intends to operate as such; This gazette is also available free online at www.gpwonline.co.za 12 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 (b) the holder of the registration must comply with the provisions of any applicable norms and standards; (c) this certificate does not absolve the holder thereof to comply with the provisions and restrictions of provincial conservation legislation; and (d) the registration as a professional hunter, hunting outfitter or trainer is not transferable. (2) In addition to the compulsory conditions contemplated in sub regulation (1), the issuing authority must issue the registration certificate as a professional hunter subject to the condition that the holder of the registration may kill the specimen of an indigenous animal species hunted by the hunting client, only if he or she needs to apply a coup-de-grace. (3) In addition to the compulsory conditions contemplated in sub regulation (1), the issuing authority must issue the registration certificate as a hunting outfitter subject to the condition that the holder of the registration must provide his/ her agent with (a) a letter in which he or she officially appoints the agent to do the marketing on his/ her behalf; (b) copies of all promotional material used by him/ her; (c) copies of all his/ her hunting rights; (d) a copy of his/ her registration issued in terms of these Regulations; and (e) copies of his/ her permits to operate as a hunting outfitter issued in terms of provincial conservation legislation. Validity of registration certificates 15. (1) Registration as a professional hunter, hunting outfitter or trainer is valid throughout the Republic. (2) Registration as a professional hunter, hunting outfitter or trainer remains valid until (a) it is amended in terms of regulation 16 upon request of the holder of the registration, or upon initiative of the issuing authority, as the case may be; or (b) it is cancelled by the issuing authority in terms of regulation 17. Amendment of a registration as professional hunter, hunting outfitter or trainer 16. (1) The issuing authority may amend a registration as a professional hunter, hunting outfitter or trainer (a) on application by the holder of the registration; or (b) on the issuing authority's own initiative, to (i) remove a condition; (ii) change a condition; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 13 (iii) add a condition; (iv) update or change any detail on the registration certificate; or (v) correct a technical or editorial error on the registration certificate. (2) The issuing authority must (a) notify the holder of the registration, in writing, of (i) the proposed amendment; and (ii) the reasons for the proposed amendment; and (b) afford the holder of the registration a reasonable opportunity to submit representations regarding the proposed amendment. (3) An application contemplated in sub regulation (1)(a) must be accompanied by proof of payment of a prescribed application fee as set out in Annexure 3 to these Regulations. Refusal, suspension or cancellation of a registration as professional hunter, hunting outfitter or trainer 17. (1) An application for the registration as a professional hunter, hunting outfitter or trainer may be refused, or the registration as a professional hunter, hunting outfitter or trainer may be cancelled, if (a) the applicant or holder of the registration has failed to comply with any provision of the Biodiversity Act; (b) the applicant or holder of the registration has been convicted of an offence in terms of the Biodiversity Act; (c) the applicant or holder of the registration is under investigation and a docket has been registered with the South African Police Services for the contravention or failure to comply with any provision of the Biodiversity Act, until such time that the investigation is concluded and (I) no prosecution in respect of such contravention or failure is instituted against the applicant or holder of the registration; (ii) the applicant or holder of the registration is acquitted or found not guilty, if a prosecution in respect of such contravention or failure has been instituted; or (iii) the applicant or holder of the registration has been convicted by a court of law of an offence in respect of such contravention or failure and the applicant or holder of the registration has in respect of the conviction exhausted all the recognised legal proceedings pertaining to appeal or review; (d) a permit issued in terms of provincial conservation legislation to operate as a professional hunter, hunting outfitter or trainer of the applicant or holder of the registration, has been revoked in any province prior to this application for registration, or during the validity of the registration; This gazette is also available free online at www.gpwonline.co.za 14 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 (e) the applicant or holder of the registration has failed to fulfill his/ her responsibilities as a professional hunter or hunting outfitter, as the case may be, as provided in terms of applicable provincial legislation; or (f) the applicant or holder of the registration has failed to address a formal complaint lodged by a hunting client against the applicant to the satisfaction of the relevant provincial conservation authority. (2) In addition to the circumstances contemplated in sub regulation (1), a registration as professional hunter, hunting outfitter or trainer may be cancelled if (a) the holder of the registration who is acting as the professional hunter for a particular hunting client, allows any person other than such hunting client to hunt a specimen of an indigenous animal species on behalf of such hunting client, except in the case where the holder of the registration applies a coup-de-grace; (b) the holder of the registration has breached a condition subject to which the registration was issued; (c) the holder of the registration has fraudulently altered the registration certificate; or (d) for any other reason as it may deem necessary. (3) In addition to the circumstances contemplated in sub regulations (1) and (2), the issuing authority must cancel the registration as a professional hunter or hunting outfitter if the holder of such registration has not conducted as a professional hunter, or organized as a hunting outfitter, as the case may be, any hunts within the Republic for a period of three years. (4) In addition to the circumstances contemplated in sub regulations (1) and (2), the issuing authority must cancel the registration as a trainer if the holder of such registration has not presented the professional course as a trainer, in the Republic for a period of five years. (5) Prior to the cancellation of a registration contemplated in sub regulations (1), (2) (3) or (4), the issuing authority must (a) notify the holder of a registration of its intention to cancel the registration, together with the reasons for the cancellation of the registration; and (b) afford the holder of the registration reasonable opportunity to submit representations regarding the proposed cancellation. (6) If the issuing authority becomes aware of non-compliance with any provision of the Biodiversity Act or any provision of these Regulations by the holder of a registration as professional hunter, hunting outfitter or trainer, the issuing authority may suspend the registration. (7) Prior to the suspension of a registration contemplated in sub regulation (6), the issuing authority must (a) notify the holder of a registration of its intention to suspend the registration, together with the reasons for the suspension of the registration; and This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 15 (b) afford the holder of the registration reasonable opportunity to motivate why the registration should not be suspended. (8) If the holder of a registration provides proof of compliance, the registration must be re instated immediately. (9) The issuing authority must inform the holder of the registration of his/ her rights to appeal against the decision of the issuing authority to suspend or cancel the registration. CHAPTER 5 MISCELLANEOUS Additional requirement applicable to the holder of a registration as hunting outfitter 18. (1) The holder of a registration as a hunting outfitter who makes use of an agent to market the hunting of a specimen of an indigenous animal species on his/ her behalf is responsible for the conduct of his/ her agent to ensure that such agent complies with the provisions of these Regulations and applicable provincial conservation legislation. (2) The hunting outfitter contemplated in sub regulation (1) must provide his/ her agent with (a) a letter in which he or she officially appoints the agent to do the marketing on his/ her behalf; (b) copies of all promotional material used by him/ her; (c) copies of all his/ her hunting rights; (d) a copy of his/ her registration issued in terms of these Regulations; and (e) copies of his/ her permits to operate as a hunting outfitter issued in terms of provincial conservation legislation. Reporting by the Department and provincial conservation authorities 19. (1) The Department must immediately report to the provincial conservation authorities on the registration certificates issued for professional hunters, hunting outfitters or trainers. (2) A provincial conservation authority must immediately report to the Department on any permit for a professional hunter, hunting outfitter or trainer it has issued or cancelled, or any investigation it has instituted against a particular professional hunter, hunting outfitter or trainer. Compliance monitoring 20. Inspections may be conducted from time to time, in accordance with the approved protocol, by provincial conservation officials to ascertain whether the professional hunting course is presented in accordance with these Regulations and provincial conservation legislation. This gazette is also available free online at www.gpwonline.co.za 16 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 Transitional provision 21. (1) Any person who is not a citizen of the Republic and who, immediately before the commencement of these Regulations, lawfully operates as a professional hunter, hunting outfitter or trainer under a permit issued in terms of provincial conservation legislation, may continue to do so until such permit expires, without having to register in terms of these Regulations. (2) Any person who is a citizen of the Republic and who, immediately before the commencement of these Regulations, lawfully operates as a professional hunter, hunting outfitter or trainer under a permit issued in terms of provincial conservation legislation, must within three months of the commencement of these Regulations, apply for registration in terms of these. Regulations Offences and penalties 22. (1) A person is guilty of an offence of such person operates as a professional hunter, hunting outfitter or trainer without having been registered as such in terms of regulation 3. (2) A person is guilty of an offence if such person knowingly makes any false statement or submits any false report for the purpose of obtaining a registration in terms of these Regulations. (3) The holder of a registration is guilty of an offence if such holder (a) does not comply with any of the conditions of the registration; (b) does not comply with any norms and standards to which the registration applies: (c) has fraudulently altered the registration; or (d) allows any person other than his/ her hunting client to hunt a specimen of an indigenous animal species on behalf of such hunting client, except in the case where the holder of the registration applies a coup-de-grace. (4) A person who is convicted of an offence in terms of sub regulation (1) is liable to (a) imprisonment for a period not exceeding five years; (b) a fine not exceeding five million rand, and in the case of a second or subsequent conviction, to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years or in both instances to both a fine and such imprisonment; or (c) both a fine and such imprisonment. Short title and commencement 23. These Regulations are called the Regulations for the registration of professional hunters, hunting outfitters and trainers, 2014. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 17 ANNEXURE 1 APPLICATION FORM APPLICATION TO REGISTER AS A PROFESSIONAL HUNTER, HUNTING OUTFITTER OR TRAINER IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ACT NO. 10 OF 2004) A. PERSONAL DETAILS: NAME AND SURNAME: NAME OF BUSINESS/ COMPANY: IDENTITY OR PASSPORT NO: NATIONALITY: AGE: TEL NO (H): TEL NO (W): CELL NO: FAX NO: E-MAIL: POSTAL ADRESS: PHYSICAL ADDRESS: This gazette is also available free online at www.gpwonline.co.za 18 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 KIND OF REGISTRATION APPLIED FOR (Tick off) PROFESSIONAL HUNTER NEW REGISTRATION AMENDMENT HUNTING OUTFITTER NEW REGISTRATION AMENDMENT TRAINER NEW REGISTRATION A ENDMENT HOLDER OF A VALID PERMIT IN THE FOLLOWING PROVINCES (Tick off): PROVINCE PROFESSIONAL HUNTER. HUNTING OUTFITTER TRAINER Eastern Cape Free State Gauteng KwaZulu Natal Limpopo Mpumalanga Northern Cape North West Western Cape Signature of applicant Date of application OFFICIAL USE NAME OF RECOMMENDING OFFICIAL SIGNATURE OF RECOMMENDING OFFICIAL DATE: RECOMMENDED/NOT RECOMMENDED REASONS FOR NOT RECOMMENDING: This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 19 VALIDITY OF REGIST TION FROM: (dd/mm/year) NAME OF PERMIT OFFICIAL SIGNATURE OF PERMIT OFFICIAL DATE: AMOUNT PAID RECEIPT NR APPROVED I REFUSED REASON FOR REFUSAL This gazette is also available free online at www.gpwonline.co.za 20 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 ANNEXURE 2 REGISTRATION CERTIFICATE (Issued in terms of the provisions of the National Environmental Management: Biodiversity Act 2004, Act No. 10 of 2004) NAME OF ISSUING AUTHORITY NAME ADDRESS ADDRESS PROVINCE KIND OF REGISTRATION PROFESSIONAL HUNTER HUNTING OUTFITTER TRAINER UNIQUE REGISTRATION NUMBER DETAIL OF CERTIFICATE HOLDER NAME SURNAME ID NO. POSTAL ADDRESS RESIDENTIAL ADDRESS ADDRESS ADDRESS ADDRESS TOWN POSTAL CODE PROVINCE CERTIFICATE VALIDATION VALID FROM: RECEIPT NUMBER SIGNATURE ISSUING OFFICER SIGNATURE CERTIFICATE HOLDER DATE STAMP This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 21 GENERAL CONDITIONS 1. This CERTIFICATE is not transferable. 2. Any unauthorised alteration to this CERTIFICATE shall render it invalid. 3. This CERTIFICATE is subject to the provisions and restrictions of any applicable legislation in force during the period of validity of the CERTIFICATE. 4. This CERTIFICATE does not authorise a person to operate as a professional hunter, hunting outfitter or trainer, unless the person is also authorized by a permit issued in terms of provincial conservation legislation, to operate as a professional hunter, hunting outfitter or trainer. 5. The holder of this CERTIFICATE shall, at the request of a person authorised in terms of applicable legislation so to demand, forthwith produce such CERTIFICATE to such person. 6. This CERTIFICATE shall be invalid until such time that it is signed by the holder thereof. 7. This CERTIFICATE shall be deemed invalid when it is lost or destroyed and no copy thereof shall be issued. 8. The prescribed fees paid for the issuing of this CERTIFICATE shall not be refunded. 9. This CERTIFICATE shall be subject to any applicable norms and standards in existence at the time of issuance of this CERTIFICATE. This gazette is also available free online at www.gpwonline.co.za 22 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 ANNEXURE 3 PRESCRIBED FEES To register as professional hunter R100,00 To register as hunting outfitter R100,00 To register as trainer R100,00 Amendment of a registration as professional hunter, hunting outfitter or trainer R100,00 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 18 DESEMBER 2014 No. 38347 23 NOTICE - CHANGE OF TELEPHONE NUMBERS: GOVERNMENT PRINTING WORKS As the mandated government security printer, providing world class security products and services, Government Printing Works has adopted some of the highly innovative technologies to best serve its customers and stakeholders. In line with this task, Government Printing Works has implemented a new telephony system to ensure most effective communication and accessibility. As a result of this development, our telephone numbers will change with effect from 3 February 2014, starting with the Pretoria offices. The new numbers are as follows: Switchboard : 012 748 6001/6002 Advertising 012 748 6205/6206/6207/6208/6209/6210/6211/6212 Publications Enquiries : 012 748 6052/6053/6058 GeneralEnquiries@gpw.gov.za Maps : 012 748 6061/6065 BookShop@gpw.gov.za Debtors : 012 748 6060/6056/6064 PublicationsDebtors@gpw.gov.za Subscription : 012 748 6054/6055/6057 Subscriptions@gpw.gov.za SCM 012 748 6380/6373/6218 Debtors 012 748 6236/6242 Creditors 012 748 6246/6274 Please consult our website at www.gpwonline.co.za for more contact details. The numbers for our provincial offices in Polokwane, East London and Mmabatho will not change at this stage. 38347—1 This gazette is also available free online at www.gpwonline.co.za 24 No. 38347 GOVERNMENT GAZETTE, 18 DECEMBER 2014 Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Publications: Tel: (012) 748 6052, 748 6053, 748 6058 Advertisements: Tel: (012) 748 6205, 748 6208, 748 6209, 748 6210, 748 6211 Subscriptions: Tel: (012) 748 6054, 748 6055, 748 6057 Gedruk deur en verkrygbaar by die Staatsdrukker, Bosmanstraat, Privaatsak X85, Pretoria, 0001 Publikasies: Tel: (012) 748 6052, 748 6053, 748 6058 Advertensies: Tel: (012) 748 6205, 748 6208, 748 6209, 748 6210, 748 6211 Subskripsies: Tel: (012) 748 6054, 748 6055, 748 6057