andre007 wrote: Sat Jun 06, 2020 8:48 am
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Government Gazette
Staatskoerant REPUBLIC OF SOUTH AFRICA
REPUBLIEK VAN SUID AFRIKA
Vol. 660 5
June
Junie 2020 No. 43409
9 7 7 1 6 8 2 5 8 4 0 0 3
ISSN 1682-5843
43409
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2 No. 43409 GOVERNMENT GAZETTE, 5 JUNE 2020
Government Notices • Goewermentskennisgewings
Environment, Forestry And Fisheries, Department of/ Omgewing, Bosbou en Visserye, Departement van
647 Disaster Management Act (57/2002): Directions Regarding Measures to Address, Prevent and Combat the Spread
of COVID-19 Relating to the Biodiversity Sector....................................................................................................... 43409 3
Page
No.
Gazette
No. No.
Contents
IMPORTANT NOTICE:
The GovernmenT PrinTinG Works Will noT be held resPonsible for any errors
ThaT miGhT occur due To The submission of incomPleTe / incorrecT / illeGible coPy.
no fuTure queries Will be handled in connecTion WiTh The above.
DIRECTIONS REGARDING MEASURES TO ADDRESS, PREVENT AND COMBAT THE SPREAD OF
COVID19 RELATING TO THE BIODIVERSITY SECTOR
I, Barbara Dallas Creecy, Minister of Forestry, Fisheries and the Environment hereby issue the Directions
set out in the Schedule in terms of regulation 4(10) of the Regulations issued by the Minister of Cooperative
Governance and Tradition& Affairs in terms of section 27(2) of the Disaster Management Act,
2002 (Act No. 57 of 2002) and published on 29 April 2020 in Government Notice No. R. 480 of
Government Gazette No. 43258.
04f2.---%------1
BARBARA DALLAS CREECY
MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT
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STAATSKOERANT, 5 JUNIE 2020 No. 43409 3
Government Notices • Goewermentskennisgewings
Environment, Forestry And Fisheries, Department of/ Omgewing, Bosbou en Visserye, Departement van
DEPARTMENT OF ENVIRONMENT, FORESTRY AND FISHERIES
NO. 647 05 JUNE 2020
647 Disaster Management Act (57/2002): Directions Regarding Measures to Address, Prevent and Combat the Spread of COVID-19 Relating to the Biodiversity Sector 43409
SCHEDULE
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
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4 No. 43409 GOVERNMENT GAZETTE, 5 JUNE 2020
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. 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. 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.
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STAATSKOERANT, 5 JUNIE 2020 No. 43409 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. 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.
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6 No. 43409 GOVERNMENT GAZETTE, 5 JUNE 2020
I
I
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)
(b)
The conducting of professional hunting courses may continue; and
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.
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STAATSKOERANT, 5 JUNIE 2020 No. 43409 7