In addition to the factors contemplated in regulation 20, the issuing authority must refuse to issue permits for boat-based whale and dolphin watching and for white shark cage diving—
| (i) | has failed to attest to the declaration in the application form; |
| (ii) | fails to demonstrate access to— |
| (aa) | a boat-based whale and dolphin watching vessel ; or |
| (bb) | a white shark cage diving vessel, (including a cage); |
| (iii) | fails to employ or demonstrate that the applicant will employ one or more registered tourist guides; |
| (iv) | fails to employ, or fails to demonstrate that the applicant will employ a qualified skipper certified by SAMSA; or |
| (v) | is not a South African citizen. |
| (b) | in areas where boat-based whale and dolphin watching, and white shark cage diving are not permissible; or |
| (c) | if the maximum number of boat-based whale and dolphin watching permits, and white shark cage diving permits, have already been issued. |
