Legal Brief Enviro: Draft amendments to Norms and Standards relating to Rhinoceros Horns

14 January 2016
By Danjelle Midgley, Candidate Attorney

Draft amendments to Norms and Standards for the marking of rhinoceros and rhinoceros horn, and for the hunting of rhinoceros for trophy hunting purposes were gazetted on 12 January 2015 for comment. While the proposed amendments do not ease regulatory restrictions on hunting or the transport of trophy horns, the issue remains contentious in light of the moratorium on trade in domestic horn trade being overturned by the North Gauteng High Court in November last year, which order is currently suspended due to an appeal.

The only hint in the amendments at possible future domestic trade is the insertion of the phrase “until further notice” into clause 3 which currently prohibits trade in horns in accordance with the 2009 moratorium (which has since been set-aside in the 2015 case).  This suggests that the Minister may, by notice, allow trade in the future.

Proposed technological refinements include provisions requiring indelible ink marking of horns in addition to microchip systems. Amendments to recording requirements include a move from the ‘TRAFFIC’ registry to a national database developed by the Department of Environmental Affairs containing the information collected from microchips.

A significant change makes it mandatory that an environmental management inspector (EMI) be present for all rhino hunts. Previously only an official from the permit issuing authority was required in terms this section.

The limit of one white rhinoceros per hunting client per year is retained in the proposed amendments. Applications for the hunting of black rhinoceros will be dealt with in terms of the 2013 Biodiversity Management Plan for Black Rhinos.

The public are requested to send comments on the proposed amendments to the Minister by 11 February 2016.

14 May 2018

Draft Regulations Relating To Protected Disclosures Published For Comment

On 20 April 2018 the Department of Justice and Constitutional Development invited members of the public to submit comments on the proposed draft Regulations Relating to Protected Disclosures (the draft regulations). The draft regulations were published in GN 41581 of 20 April 2018 and members of the public are invited to submit comments on or before 21 May 2018.

14 May 2018

National Health Care Risk Waste Draft Regulations Published For Comment

On 30 April 2018 the Minister of Environmental Affairs published draft National Health Care Risk Waste Regulations in (GN 463 in GG 41601 of 30 April 2018). The draft regulations were published in terms of the National Environmental Management: Waste Act 59 of 2008 (NEM:WA). Members of the public are invited to submit any written comments and representations on the draft regulations by Wednesday, 30 May 2018.

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