S.L. 549.42 Art. 12General licence.

(1) Without prejudice to the provisions of any other law no person shall hunt or attempt to hunt, take or attempt to take by any means any birds as permitted in accordance with the provisions of these regulations, unless such person is in possession of a valid licence as applicable, issued by the Wild Birds Regulation Unit, and such person satisfies all the conditions specified in the licence and in any other law: Provided that any such licence shall be issued in accordance with and subject to the provisions of these regulations and of any policies and conditions as may be established pursuant to regulation 10(6): Provided further that any such licence shall be issued against a fee stipulated in Schedule X.

(2) Any person who applies for a licence may be asked to sit for a practical examination to determine his knowledge on the use and safe carrying of fire-arms and his ability to identify birds and his knowledge of regulations for the conservation of wild birds:

Provided that such examination shall be held against a fee stipulated in Schedule X:

Provided further that, without prejudice to the requirements of any other law or regulation, persons who successfully passed an examination on their ability to identify birds and their knowledge of regulations for the conservation of wild birds as established in this sub-regulation shall not be required to sit for another such examination for that licence category for which they are licensed during the period of validity of such licences in terms of sub-regulation (7), or upon due renewal of such licences in accordance with these regulations within one year from the end of the validity period of that licence.

(3) Unless the Commissioner and, or the Wild Birds Regulation Unit has valid reasons to the contrary, and subject to the provisions of these regulations, whosoever is included in the register of persons who had a licence for the live-capturing of birds valid at any time during the period from December 2002 up to the end of December 2011, but has since not renewed his license in accordance with the provisions of these regulations, may opt to apply for a provisional live-capturing licence, which shall be issued after effecting relevant fees stipulated in the second proviso to sub-regulation (1) and in the proviso of sub-regulation (2), and after the live-capturing station has been approved by the Wild Birds Regulation Unit and registered with the Commissioner of Police in terms of regulation 8(2): Provided that such provisional licence shall be automatically terminated within a period of twelve months from the date of issuance, unless the holder successfully passes the examination in accordance with sub-regulation (2) within twelve months from the date of issuance of the provisional licence.

(4) The Wild Birds Regulation Unit shall ensure that before a licence is granted or renewed under these regulations, the applicant shall have complied with the conditions listed in Schedule VI.

(5) The Wild Birds Regulation Unit may issue the following general licences in terms of these regulations:

(a) the general licence to hunt birds on land;

(b) the general licence to hunt birds at sea;

(c) the general live-capturing licence to take birds:

Provided that no general licence to hunt and, or to take (live-capture) birds shall be valid unless the general licence holder renews his membership with an organization representing persons licensed to hunt and, or take and, for this purpose, the organisation shall stamp the membership booklet issued by the Wild Birds Regulation Unit and issue a membership card for that year during which the licensee will practice hunting and, or taking of birds:

Provided further that, in the case of hunting, no general licence to hunt shall be valid unless the general licence holder has also paid insurance policy against third party risks to persons or damage to property, and paid all relevant Police permits to carry a firearm for the purpose of bird hunting for that year during which the licensee shall practice hunting.

(6) Subject to the provisions of regulation 11(3), an individual may apply and obtain any one or more of the above general licences or any combination of general licences.

(7) Without prejudice to the provisions of these regulations, the licence issued in accordance with these regulations shall remain valid for a period of five years and may be renewed for further periods of five years subject to fulfilment of the criteria stipulated in Schedule VI.

(8) A licensee in possession of a general licence issued in terms of these regulations shall not be exempt from obtaining any other licence which may be required where his activity is regulated by any other regulation made under these regulations or by any provision under these regulations or under any other law or regulation.

(9) A licensee in possession of a general licence issued in terms of these regulations shall use the game reporting system indicated by the Wild Birds Regulation Unit to effect the reporting required under Schedule IV.