National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsNational Norms and Standards for the Management of Elephants in South Africa, 2023 - effective 1 April 2023Chapter 2 : General Management of ElephantsPart 1 : General provisions8. Duty of care |
| (1) | The responsible person must— |
| (a) | ensure that appropriate veterinary care is provided when necessary; |
| (b) | remain abreast with new monitoring and research information on the management of elephants, especially captive elephants; |
| (c) | provide for the safety of people, including guests and staff, interacting with the elephants in accordance with the requirements of Annexure III; and |
| (d) | not neglect or abuse, or allow any neglect or abuse, of the elephant. |
| (2) | The responsible person in respect of an extensive wildlife system, must— |
| (a) | provide for an ongoing assessment of the impact of the elephants on the habitat and ecological function of the area in which the elephants occur; |
| (b) | report changes beyond acceptable limits to the habitat as a result of elephant impact,as soon as they occur, to the relevant issuing authority; and |
| (c) | deploy the necessary management interventions when the elephants are altering the habitat beyond acceptable limits. |
| (3) | The responsible person must report the following information to the relevant issuing authority: |
| (a) | at least every 5 years, the information in respect of the ongoing assessment referred to in subparagraph (2)(a); and |
| (b) | in accordance with the time frames prescribed in the TOPS Regulations— |
| (i) | the restricted activities carried out in terms of the permit referred to in paragraph 4(1); and |
| (ii) | an estimate of the total number of elephants kept on the property at the time of reporting, and the number of unnatural mortalities of elephants during the reporting period. |
| (4) | The Department must develop a template and indicators for the purpose of reporting the information referred to in subparagraph (2)(a). |
| (5) | The Department must establish and maintain a national database of all elephants kept in a controlled environment or an extensive wildlife system. |