Tops Regulations

The Threatened or Protected Species (TOPS) Regulations were published on 23 February 2007 in Government Gazette No. 29657, to inter alia, regulate the permit system, as set out in Chapter 7 of NEMBA, applicable to threatened or protected species (which includes all Encephalartos species).

NEMBA provides a number of restricted activities involving Encephalartos species. In terms of section 57(1) of NEMBA a person or entity conducting any of the following restricted activities requires a permit as provided for in the TOPS Regulations:

  1. hunting, catching, capturing or killing any living specimen of a listed threatened or protected species by any means, method or device whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile or injuring with intent to hunt, catch, capture or kill any such specimen;
  2. gathering, collecting or plucking any specimen of a listed threatened or protected species;
  3. picking parts of, or cutting, chopping off, uprooting, damaging or destroying, any specimen of a listed threatened or protected species;
  4. importing into the Republic, including introducing from the sea, any specimen of a listed threatened or protected species;
  5. exporting from the Republic, including re-exporting from the Republic any specimen of a listed threatened or protected species;
  6. having in possession or exercising physical control over any specimen of a listed threatened or protected species;
  7. growing, breeding or in any other way propagating any specimen of a listed threatened or protected species, or causing it to multiply;
  8. conveying, moving or otherwise translocating any specimen of a listed threatened or protected species;
  9. selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of a listed threatened or protected species; or
  10. any other prescribed activity which involves a specimen of a listed threatened or protected species.

Click here for TOPS Regulations