Part 2: Offences:

• Carry out restricted activity without a permit;
• Contravening a notice published as a moratorium (prohibition);
• Non-compliance with permit conditions;
• Permits another person to commit an offense;
• Fraudulent use of permits;
• Making a false statement to obtain a permit
• Conducting a facility without registration for which registration is compulsory;
• Failure to comply with conditions of registration and
• Failure to comply with the Elephant and Rhino Norms and Standards.

Part 4. Renewals and Amendments:

The holder of a permit or registration certificate may, before the expiry of the period for which a permit or registration was issued, apply in writing to the issuing authority that issued the permit or registration certificate for renewal.

The issuing authority may on own initiative amend a permit or registration certificate if it is necessary –

• for the more effective protection of the listed threatened or protected species to which the permit or registration relates;
• for the more effective enforcement of the Biodiversity Act or these regulations;
• to give effect to any norms and standards that apply to the relevant captive breeding operation, commercial exhibition facility, game farms nursery, scientific institution, sanctuary, rehabilitation facility or wildlife traders; or
• to correct technical or editorial errors on the permit or registration certificate.

Part 5: Applicable legislation

• National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004): Alien and invasive species lists
• National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004): Alien and Invasive Species Regulations
• National Environmental Management: Biodiversity Act, 2004 (Act 10 of 2004): Threatened OR Protected Species Regulations
• TOPS and species list (14  December 2007 as amended)
• TOPS Marine and species list (31 May 2017)
• National Environmental Management: Biodiversity Act (10/2004): Lists of marine species that are threatened or protected, restricted activities that are prohibited and exemption from restriction
• NEMBA (7 June 2004 as amended)
• Norms and standards for marking of rhinoceros and rhinoceros horns (21 September 2018)
• Prohibition notice on trade in wild cycads (14 May 2012)
• Norms and standards for the management of elephants in South African (29 February 2008)

Domestic trade in rhinoceros horns

Application procedure for selling and buying of rhino horn within the Republic

• For all applications for the trade in rhinoceros horns the applicant must complete a TOPS application form and submit the completed form to the Department of Environmental Affairs (DEA) at TopsPermits@environment.gov.za. The DEA may request the relevant provincial issuing authority to conduct an inspection of the horn(s) to be sold.

• In the event that a permit for selling/buying of rhinoceros horn is required in terms of provincial conservation legislation, the applicant must also submit an application for a provincial permit to the relevant provincial conservation authority.

Requirements for applications to trade in rhinoceros horns within the republic

In order for the selling/buying permits to be issued, the following requirements must be met:

• That rhinoceros horns have been legally obtained (valid possession permit)
• That the applicant has never been convicted of an offence in terms of NEMBA; and
• That the applicant is not under investigation for the contravention/ failure to comply with any provisions of NEMBA.
• That the rhinoceros horns to be traded are registered on the national rhinoceros horn database;
• That the DNA analysis of the horn to be traded has been done (DNA analysis required in terms of the rhinoceros Norms & Standards published in 2012)

Supporting information/documentation to be submitted by the applicant

• Supporting information/ documentation to be submitted by seller
  
  • Proof of payment of the permit processing fee
  • Certified copy of the identity document or permanent residence certificate and Passport
  • Proof of residential address (FICA documents to verify residential address and not older than three months)

• Proof of legal possession of the horn(s):
  
  • Certified copy of TOPS possession permit or
  • Certified copy  of provincial possession permit for Mpumalanga & Western Cape - Applicants must have been authorised by permits to possess horns from the relevant issuing authority
  • Genetic Profiling Certificate of each horn to be sold to prove that the DNA sample of the horns were analysed. The applicant must apply for the DNA Analysis Certificate from the Veterinary Genetics Laboratory (VGL) of the Faculty of Veterinary Science of the University of Pretoria at Onderstepoort.

• Applicant must provide details of marking of the individual rhinoceros horns including:
  
  • Photographs of good quality of each individual horns
  • ZA identification numbers
  • Micro-chip numbers
  • Measurements
  • List of rhinoceros hons to be sold

• Supporting information/ documentation to be submitted by a buyer
  
  • Proof of payment of the permit processing fee
  • Certified copy of buyer’s  ID or permanent residence certificate and/or Passport
  • Proof of buyer’s residential address (FICA documents to verify residential address and not older than three months)
  • Certified copy of seller’s permit

• Details of the rhino horn to be bought including:
  
  • Photographs of good quality of the individual horns
  • ZA identification numbers
  • Micro-chip numbers
  • Measurements
  • List of rhinoceros horns to be bought/received;
  • Reference number of the Genetic Profiling Certificate of each horn to be bought/received

NB. The issuing authority may request any additional information in terms of section 88(2)(a) of National Environmental Management: Biodiversity Act, 2004(Act 10 of 2004) and regulation 9(1) of the Threatened or Protected Species Regulations, 2007.