1. 2016 PHASA Convention and AGM
TOPS and hunting legislation
22 November 2016
Biodiversity and Conservation

2. Introduction Legislative process in terms of the National
Environmental Management: Biodiversity Act, 2004
(NEMBA)
NEMBA
Threatened or Protected Species (TOPS)
Applicable norms and standards:
Rhino
Elephant
Leopard
Damage-causing animals

3. Legislative principles
Nature conservation = concurrent competence
Both national and provincial spheres of government have the
legal mandate to develop and implement conservation
legislation
National legislation does not automatically prevail over
provincial legislation
Constitution provides for the resolution of conflict
Concurrent competence = principle of the Constitution
of the Republic of South Africa
Necessary enabling provisions must be provided in
NEMBA

4. Legislative principles (2)
Prohibition of a restricted activity (RA), e.g. hunting of
elephant – NEMBA
Prohibition of a RA in certain circumstances, e.g.
prohibition to hunt elephant with bow and arrow –
TOPS Regulations
How a RA may be carried out, e.g. how hounds may be
used – norms and standards

5. Integrated Coastal Management Act Provincial legislation
Constitution
NEMBA
NEMPAA
(Protected Areas Act)
Integrated Coastal Management Act
NEMA
Provincial legislation
Specific Environmental Management Acts

6. NEMBA Prohibition Notice Biodiversity Management Plan Regulations
TOPS Regulations
CITES Regulations
AIS Regulations
BABS Regulations
Professional Hunting Regulations
Norms and Standards
Marking of rhino and horns, and hunting of rhino
Management of elephants in South Africa
Hunting of leopard
Draft
Damage-causing animals
Prohibition Notice
Trade in
rhino horn
Wild cycads and export of large cycads
Biodiversity Management Plan
Albany cycad
African penguin
Black rhino
Lion
White rhino

7. Legislative process for subordinate legislation
Workshop
Initial SEIA
Inter-govt. consultation
Gazette and newspaper notices
Consolidation and assessment
Amendment of draft legislation
Final SEIA
Parliament
Minister of Finance
Minister of Environment
Gazette
Legislative process for subordinate legislation

9. NEMBA Substantial amendment
Enabling provision for national permit system for
professional hunters and hunting outfitters
National proclamation of hunting seasons
Operating within acceptable standards without a permit

10. TOPS Phasing out of game farm hunting permit books
Exemptions relating to hunting (amendment of NEMBA
in 2009 and 2013) on registered game farms
Factors to consider before issuing a permit:
any recommendation or non-detriment finding (NDF) made by
the Scientific Authority
any advice by the South African National Biodiversity Institute
Hunting of lion by means of bait (previously
prohibited), if it is hunted in an extensive wildlife
system larger than ha

11. Legislative process for subordinate legislation
Workshop
Initial SEIA
Inter-govt. consultation
Gazette and newspaper notices
Consolidation and assessment
Amendment of draft legislation
Final SEIA
Parliament
Minister of Finance
Minister of Environment
Gazette
Legislative process for subordinate legislation

12. Regulations for the registration of professional hunters (PHs), hunting outfitters (HOs) and trainers
Registration will apply alongside provincial permit
The Minister is the issuing authority (valid nationally)
Valid indefinitely – until amended or cancelled
Aim to address “province hopping”
Additional benefit – national list of PHs and HOs

13. Legislative process for subordinate legislation
Workshop
Initial SEIA
Inter-govt. consultation
Gazette and newspaper notices
Consolidation and assessment
Amendment of draft legislation
Final SEIA
Parliament
Minister of Finance
Minister of Environment
Gazette
Legislative process for subordinate legislation

14. Norms and Standards - Rhino
Supporting documents to be submitted with an application for a hunting permit:
proof of membership of a hunting association (if applicable);
CV of hunting experience in country of usual residence;
proof of previous hunting experience of African mammal species;
certified copy of the hunting client’s passport; and
any additional information required by the issuing authority
Verification of the above information within 15
working days of receiving it from the issuing authority
Cost of monitoring the hunt is for the issuing authority

15. Legislative process for subordinate legislation
Workshop
Initial SEIA
Inter-govt. consultation
Gazette and newspaper notices
Consolidation and assessment
Amendment of draft legislation
Final SEIA
Parliament
Minister of Finance
Minister of Environment
Gazette
Legislative process for subordinate legislation

16. Norms and Standards - Leopard
No females may be hunted
Only males older than 7 years may be hunted
Introduction of leopard hunting zones (LHZs) to ensure
even distribution of hunting effort (1 leopard per LHZ)

17. Legislative process for subordinate legislation
Workshop
Initial SEIA
Inter-govt. consultation
Gazette and newspaper notices
Consolidation and assessment
Amendment of draft legislation
Final SEIA
Parliament
Minister of Finance
Minister of Environment
Gazette
Legislative process for subordinate legislation

18. Norms and Standards – Damage-causing animals (DCAs)
Minimum requirements for call and shoot:
adequately trained
may not be used to lure a DCA from a protected area
Minimum requirements for the use of hounds
registration of the pack of hounds
marking of each hound
maximum size of each pack of hounds

19. Legislative process for subordinate legislation
Workshop
Initial SEIA
Inter-govt. consultation
Gazette and newspaper notices
Consolidation and assessment
Amendment of draft legislation
Final SEIA
Parliament
Minister of Finance
Minister of Environment
Gazette
Legislative process for subordinate legislation

20. Magdel Boshoff Department of Environmental Affairs (w) +27 – 12 –