What does the Law Say?

Posted by on March 25, 2017

The Department of Environmental Affairs (DEA) published the amended regulations on Alien and Invasive Species (AIS) in terms of the National Environmental Management: Biodiversity Act 01 August 2014.
The AIS Regulations have been through extensive public consultation, and have secured agreement from various key industries, including the nursery industry, landscape industry, plantation industry, game ranchers industry, agricultural industry, pet-traders industry, bass and carp angling representatives and other key groups.

Alien and Invasive Species (AIS) in terms of the National Environmental Management: Biodiversity Act, on Friday 1st August 2014.
A total of 559 alien species are now listed as invasive, in four different categories. A further 560 species are listed as prohibited, and may not be introduced into the country.

Category 1a: Invasive species which must be combatted and eradicated. Any form of trade or planting is strictly prohibited.
Category 1b: lnvasive species which must be controlled, where possible removed and de-stroyed. Any form or trade or planting is strictly prohibited.
Category 2: lnvasive species, or species deemed to be potentially invasive, for which a permit is required to carry out a restricted activity. Category 2 species include commercially imported species such as pine, wattle and gum trees.
Category 3: lnvasive species which may remain in prescribed areas or provinces. However, conditions apply. Further planting, propagation, trade, or gifting is prohibited.

WHAT IS REQUIRED OF A PROPERTY OWNER AFTER 1 OCTOBER 2014?

Declaration of Invasive Species

NEMBA (2004): Chapter 5, Part 2, page 60, 73 (2)
A person who is the owner of land on which a listed invasive species occurs must notify any relevant competent authority in writing of the listed invasive species occurring on that land.
NEMBA Alien and Invasive Species Regulations (2014): Chapter 7, Section 29, (1), (2), (3):
The seller of any immovable property must, prior to the conclusion of the relevant sale agreement, notify the purchaser of that property in writing of the presence of listed invasive species on that property.

PENALTIES

Failing to comply with the law by ignoring directives or denying access to property can incur imprisonment of up to ten years, or a fine not exceeding R10,000,000!

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