CHAPTER 4
WILD AND ALIEN ANIMALS
Part 1: Hunting and catching of wild and alien animals
Hunting of Wild and Alien animals
31. (1) No person may without a permit hunt –
(a) specially protected wild animals;
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(b) protected wild animals;
(c) game;
(d) specially protected wild animals, protected wild animals, game and nonindigenous
wild animals during the night;
(e) in a Provincial Nature Reserve, a Site of Ecological Importance, a
Protected Environment or a Private Nature Reserve; or
(f) a wild animal referred to in Schedule 5 which –
(i) is under the influence of a tranquillising, narcotic, immobilising or
similar agent;
(ii) has been lured by –
(aa) a simulation or recording of the natural sound made by
an animal;
(bb) an imitating sound made by a human; or
(cc) bait;
(iii) has been confined to a cage; or
(iv) has been confined to an enclosure, the size of which must be
prescribed, from which it cannot readily escape.
(2) The provisions of –
(a) subsection (1)(a),(b),(c) and (d) do not apply to a professional hunter
supervising a client during lawful hunting; and
(b) subsection (1)(c) do not apply to –
(i) an owner of land who hunts game during an open season on the
owner’s land; or
(ii) a family member of an owner of land who, during an open season,
hunts game on the owner’s land with the written permission of the
owner.
(3) No person may hunt a wild or alien animal on land of which that person is not the
owner, except with the written permission of the owner of the land.
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(4) For the purposes of this section “hunt” includes –
(a) the construction of a pitfall, trap-cage, capture boma or holding pen; and
(b) the possession, erection or handling of any snare, trap, gin, net, bird-lime,
bow and arrow, set-gun, poison or similar device, means or method, on
any land on which any wild or alien animal is found or is likely to be
found.
Open season to hunt game
32. (1) The MEC may, by notice in the Provincial Gazette, declare a period of the year to
be an open season for hunting purposes.
(2) A notice published in terms of subsection (1) must specify –
(a) the persons or category of persons that may hunt during the open season;
(b) the species and sex, or the other categories, of game that may be hunted
during the open season; and
(c) the area or category of areas in which hunting is allowed during the open
season.
(3) The MEC must, when declaring a period of the year to be an open season for
hunting purposes under subsection (1)-
(a) publish such notice in at least two newspapers circulating in the Province;
and
(b) cause such notice to be aired on at least two radio stations broadcasting in
the Province.
Hunting on Provincial Nature Reserve, Sites of Ecological Importance, Protected
Environments or Private Nature Reserve
33. The owner of land on which a Provincial Nature Reserve, a Site of Ecological
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Importance, a Protected Environment or a Private Nature Reserve have been declared and who
is the holder of a permit to hunt on such land, may not allow any person to hunt on that land –
(a) except during an open season; and
(b) provided such person –
(i) is the holder of a permit; and
(ii) has obtained the written permission of the owner.
Transfer of hunting-rights
34. (1) An owner of land may in writing transfer any hunting-rights to which that owner
is entitled, to any other person.
(2) A person to whom hunting-rights have been transferred in terms of subsection (1)
may not exercise those rights without a permit.
(3) An owner of land who transfers hunting-rights to a hunting-outfitter, may not
amend or withdraw those hunting rights without notifying the hunting outfitter concerned, in
writing, 60 days before the amendment or withdrawal takes effect.
Catching of Wild and Alien animals
35. (1) No person may without a permit operate as a wildlife translocator.
(2) Subsection (1) does not apply to the owner of land who catches wild or alien
animals on his or her own land.
(3) No person may without a permit catch specially protected wild animals, protected
wild animals, game and non-indigenous wild animals.
(4) Subsection (3) does not apply to any person assisting the holder of a permit on the
instruction of the permit holder.
(5) No person may catch a wild or alien animal on land of which that person is not
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the owner, except with the written permission of the owner of the land.
(6) For the purposes of this section “catch” includes –
(a) the construction of a pitfall, trap-cage, capture boma or holding pen; or
(b) the possession, erection or handling of any snare, trap, gin, net, bird-lime,
bow and arrow, set gun, poison or similar device, means or method, on
any land on which any wild or alien animal is found or is likely to be
found.
Leaving or making of openings in certain fences
36. No person may without a permit, on land upon which wild animals are found or likely to
be found and which is fenced in such a manner that such wild animals cannot readily escape,
make an opening in the fence so designed that wild animals entering the land through the
opening, cannot easily find the opening to escape.
Picking up or removal of wild animals
37. (1) No person may pick up or remove a wild animal which has not been hunted or
caught lawfully or which has been killed or caught, or apparently killed or caught by an animal
or bird of prey, unless such person has obtained the written permission of the owner of the land
on which such wild animal was found beforehand or, where the owner is not available, of the
office of the environmental compliance officer or the official in charge of the police station
nearest to the land on which the wild animal was found.
(2) For the purpose of subsection (1) “land” includes a public road.
Prohibited acts relating to ways of hunting or catching wild or alien animals
38. (1) No person may without a permit –
(a) hunt specially protected wild animals, protected wild animals, game or
non-indigenous wild animals with –
(i) a fire-arm which after it has been discharged, automatically reloads
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and fires when the trigger is pulled or held in a discharged
position;
(ii) a fire-arm which discharges a rim-fire cartridge of a calibre of 5,6
millimetres or smaller;
(iii) a shotgun; or
(iv) an air-gun; or
(b) hunt or catch a wild or alien animal with or by using –
(i) a snare, trap, gin, net, bird-lime, pitfall, capture boma, holding pen,
trap cage or similar device, means or method;
(ii) a bow and arrow or similar weapon discharging an arrow;
(iii) a set gun or similar device;
(iv) a dog; or
(v) an aircraft.
(2) The provisions of –
(a) subsection (1)(a) do not apply to the owner of land, or a family member of
the owner acting with the owner’s written permission, who hunts protected
wild animals, game or non-indigenous wild animals with any firearm on
the owner’s land;
(b) subsection (1)(a)(ii) and (iii) do not apply to any person who hunts a hare
or a bird;
(c) subsection (1)(b)(i) do not apply to the owner of land, or a family member
of the owner acting with the owner’s written permission, who hunts or
catches on the owner’s land a wild animal which is not a specially
protected wild animal, a protected wild animal, game or a non-indigenous
wild animal by means of a trap cage placed in the immediate vicinity of a
carcass of an animal which it apparently has killed; and
(d) subsection (1)(b)(iv) does not apply where a dog is used –
(i) in the lawful hunting of a bird; or
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(ii) in the pursuit of a wild or alien animal which has been wounded
during lawful hunting.
Prohibited acts relating to firearms
39. (1) No person whilst being in possession of a firearm may enter or be on land where
wild or alien animals are found or likely to be found unless that person –
(a) has the written permission of the owner of that land; or
(b) has a lawful reason.
(2) For the purpose of subsection (1) “land” does not include a public road.
(3) No person may convey a firearm on a public road traversing land on which wild
or alien animals are found or likely to be found unless the firearm is unloaded and secured in a
gun bag, gun case or gun holder designed for that purpose.
(4) Subsection (3) does not apply to a person who conveys a handgun with a barrel
no longer than 102 millimetres on a road traversing land on which wild or alien animals are
found or likely to be found.
Part 2: Other prohibited acts
Poisoning of wild and alien animals
40. (1) No person may without a permit poison any wild or alien animal.
(2) Subsection (1) does not apply to any person poisoning a wild or alien animal with
poison, which in terms of applicable legislation has been registered for the purpose of poisoning
the species of wild or alien animal to which that animal belongs.
Prohibited acts regarding wild and alien animals
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41. (1) No person may without a permit –
(a) acquire, possess, convey, keep, sell, purchase, donate or receive as a gift,
any specially protected wild animal, protected wild animal, game, nonindigenous
wild animal or animals referred to in Schedules 7 or 8;
(b) import into or export from the Province or convey or set free a live wild
or alien animal referred to in Schedules 7 or 8; or
(c) establish or operate a wild animal park, bird park, reptile park, zoological
garden, similar institution or commercial enterprise.
(2) No person may without a permit in terms of this Act or other document prescribed
by other relevant legislation, convey any live wild or alien animal through the Province.
(3) Subsection (2) does not apply to a person conveying through the Province an
animal belonging to a species, which is a recognised domestic species or pet, or a bird excluded
in paragraph (a) of Schedule 8.
Keeping or conveyance of wild and alien animals in certain conditions
42. (1) No person may keep or convey a wild or alien animal in conditions –
(a) which are unhygienic; or
(b) in which the animal –
(i) may be injured or otherwise impaired; or
(ii) suffer unnecessarily.
(2) An Environmental Compliance Officer may –
(a) in writing instruct a person who keeps or conveys a wild or alien animal in
contravention of subsection (1), or other person who has physical control
of the animal, to rectify the matter immediately or within a reasonable
period;
(b) issue instructions to that or such other person concerning the manner in
which the animal must be kept, conveyed or otherwise treated;
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(c) remove the animal from the custody of that or such other person without
compensation if it is necessary to prevent injury, impairment, suffering or
death of the animal; or
(d) keep, treat or release in a suitable environment an animal removed from
the custody of a person in terms of paragraph (c).
Prohibited acts relating to dead wild and alien animals
43. (1) No person may without a permit –
(a) sell any dead specially protected wild animal, protected wild animal, game
or non-indigenous wild animal; or
(b) sell biltong or sausage made from venison unless the packaging of such
biltong or sausage indicates –
(i) that the contents is biltong or sausage made from venison; and
(ii) the name, business address, telephone and permit numbers of the
person who packaged the biltong or sausage.
(2) No person may –
(a) acquire, possess, convey, convey through the Province, purchase, donate
or receive as a gift, import into, export or remove from the Province, any
dead wild or alien animal unless it was hunted lawfully or otherwise
acquired lawfully; or
(b) in any manner referred to in subsection (a) handle a dead wild animal
without the required documentation.
(3) The provisions of –
(a) subsection (1)(a) do not apply to the owner of land who sells the meat
including biltong or sausage made from that meat or carcasses of specially
protected wild animals, protected wild animals, game or non-indigenous
wild animals hunted lawfully in terms of this Act on the owner’s land; and
(b) subsection (2)(a) do not apply to –
(i) an owner of land who acquires, possesses, conveys,
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imports, exports or removes from the Province, dead wild or
alien animals, game or non-indigenous wild animals which were
lawfully hunted on the land of that owner, if such owner can
produce documentary proof indicating such ownership; or
(ii) any person who on behalf of the owner, conveys the wild animals
with the owner’s written permission.
Part 3: Powers of MEC
MEC may direct that wild and alien animals be hunted or caught
44. (1) The MEC may with the concurrence of the owner of land where wild or alien
animals are found, instruct an Environmental Compliance Officer or other person in writing to
hunt, catch or remove any specific animal, if the animal –
(a) is causing damage to livestock, cultivated trees or crops;
(b) is present in such numbers that grazing is materially damaged;
(c) is likely to constitute a danger to human life;
(d) is causing damage to property;
(e) is wounded or injured;
(f) should be hunted, caught or removed in the interest of environmental
management; or
(g) is to be caught or removed for the survival of the species.
(2) The Environmental Compliance Officer or person instructed in terms of
subsection (1) to hunt, catch or remove an animal –
(a) may enter upon any land to hunt, catch or remove the animal; and
(b) must deal with the carcass or with the caught animal as indicated in the
written instruction.
Exemption of enclosed land from provisions of this Chapter
45. (1) Whenever the owner of enclosed land applies for exemption of any or all of the
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provisions of this Chapter, excluding section 31(1)(f), and if such owner submits a written
application and environmental management plan on the prescribed forms, the MEC may after
having considered the application, grant such owner of land or any other person indicated in the
application, such exemption.
(2) For the purposes of subsection (1) “enclosed land” means land which is enclosed
in such a way that–
(a) the specially protected wild animals, protected wild animals and game
found on that land are confined to that land; and
(b) those outside that land are excluded from entering that land.
(3) The holder of an exemption issued in terms of subsection (1) may, subject to any
conditions contained in the exemption, grant permission in writing to any other person to –
(a) hunt or catch the species of live wild animals specified in the exemption
on the land in respect of which the exemption was issued;
(b) sell such dead or live animals;
(c) convey such dead or live animals from that land to a destination indicated
in the written permission;
(d) convey live wild animals to that land; or
(e) assist with the hunting, catching or conveyance of the animals.
Establishment of Wildlife Councils
46. (1) The MEC may by notice in the Provincial Gazette, establish a Wildlife Council in
the area of a Traditional Authority after consultation with the Traditional Authority and the
community living in the area.
(2) A Wildlife Council must perform the prescribed functions.
Powers of MEC
47. The MEC may –
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(a) take steps that may be necessary or expedient –
(i) to breed or preserve any species of wild or alien animal or to
promote or facilitate research in this regard;
(ii) to destroy, reduce, remove or eliminate, either generally or in a
particular area, any species of wild or alien animal which may be
harmful or detrimental to the existence of any other species of wild
animal; or
(iii) to import into the Province and acclimatise any species of wild or
alien animal;
(b) institute any survey or investigation in connection with any wild or alien
animal;
(c) take steps that may be necessary or expedient to catch, purchase or
otherwise acquire, sell, exchange, donate or otherwise dispose of any wild
or alien animal; or
(d) on approval of a project proposal, authorize any person in writing to do
research on any wild or alien animal.
Regulations
48. The MEC may for the purposes of this Chapter make regulations in terms of section 122
relating to –
(a) the requirements that must be complied with by a wildlife translocator
before a permit referred to in section 35(1) may be issued to the wildlife
translocator;
(b) the registers, records, books or documents required to be kept by a wildlife
translocator, and the inspection of such registers, records, books or
documents;
(c) the control and regulation of the hunting or catching of wild or alien
animals;
(d) the taking, disturbing, destruction or collection of the egg or egg shell of a
bird or reptile to which this Chapter applies;
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(e) the sale of a wild or alien animal;
(f) the import into or the export or removal from the Province of a wild or
alien animal;
(g) the possession, keeping, rehabilitation, conveyance or removal of a wild or
alien animal;
(h) the requirements to be complied with when any person has wounded a
wild or alien animal;
(i) the type or calibre of firearm with which any person may hunt a wild or
alien animal, or category of wild or alien animal;
(j) the poisoning of wild or alien animal;
(k) the acquisition or transfer of hunting-rights;
(l) bow hunting;
(m) the marking of individual wild or alien animals for identification purposes;
(n) Wildlife Councils, including matters relating to –
(i) the management and utilisation of wild and alien animals in the
area of a Wildlife Council;
(ii) the functions and powers, duties, rights and privileges of Wildlife
Councils;
(iii) the appropriate method for the equitable distribution of the benefits
derived from the utilisation of wild and alien animals in the area of
a Wildlife Council to the community living in the area;
(iv) the constitution of Wildlife Councils and the establishment and
management of the funds of Wildlife Councils;
(v) the representation of the community on Wildlife Councils;
(vi) the form on and the manner in which an application for the
establishment of a Wildlife Council must be submitted and the
information to be contained therein;
(vii) any other matter necessary or expedient in relation to an
application for or the establishment of a Wildlife Council;
(o) any other matter that may be necessary to facilitate the effective
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implementation of this Chapter.