Local Government, Environmental Affairs and Development Planning
(1) What steps does his Department take to ensure that hunting permits issued in the province are aligned with the national threatened or protected species (TOPS) regulations;
(2) whether the Province formally recognises and applies these regulations when making permitting decisions; if so, what are the relevant details?
(1) CapeNature is committed to ensuring that all biodiversity conservation activities within the Western Cape are managed responsibly and in accordance with the broader national conservation framework. While the Threatened or Protected Species (TOPS) Regulations under the National Environmental Management: Biodiversity Act (NEMBA) are not directly implemented in the Western Cape, CapeNature regulates hunting and related activities under and in terms of the Province's Nature Conservation Ordinance (NCO) and makes every effort, in administering the NCO. This is done to ensure consistency, coordination and alignment with all national legislation, including, but not limited to solely the TOPS Regs.
To ensure alignment with national objectives, CapeNature:
- Incorporates national conservation principles: Our permitting system takes into account the intent and conservation objectives of TOPS, particularly where threatened or protected species are concerned. Within CapeNature, operations are aligned so that the manager overseeing the permit processing coordination also drafts the annual hunting notice including responding to public comments.
- Applies strict permit conditions: Hunting permits are evaluated carefully, with additional restrictions or refusals applied where species of conservation concern are involved.
- Coordinates with national authorities: Where activities involve species that are listed under TOPS, or where interprovincial movement is proposed, applicants are guided to obtain the necessary NEMBA/TOPS permits from the Department of Forestry, Fisheries and the Environment (DFFE).
- Uses scientific assessments: CapeNature bases its decisions on current population status, ecological sustainability, and conservation science to ensure that hunting activities do not negatively impact species at risk.
- Monitors compliance and enforcement: Dedicated conservation officers conduct regular monitoring, compliance and enforcement activities to ensure that permits are used responsibly and that national conservation priorities are upheld in practice.
In this way, even though CapeNature administers hunting through provincial legislation, the processes and permit conditions are designed to remain consistent with the intent of national biodiversity law, ensuring that the conservation of threatened and protected species is not compromised.
(2) The Western Cape does not formally implement the TOPS Regulations under NEMBA, but administers conservation matters under the Province's NCO. While TOPS is therefore not directly applied, CapeNature recognises the national conservation objectives it represents. Where TOPS-listed species are involved, applicants are referred to the DFFE for the necessary national authorisations. In addition, CapeNature staff serve on DFFE Working Groups, notably Working Groups 1 and 4, to ensure coordination and alignment between national and provincial legislation and permitting processes.
