Pre rese sentation ntation pre repared red by Mor orné né Br Brit its s of of Ki Kiro roni nia a Env nvir ironmental. onmental. Co Cont ntact act inf nform ormatio ation: n: ema mail: l: inf nfo@ o@kiron kironia.c ia.co. o.za Tel: l: 0 074 24 4 245 6359 www.kir .kironia onia.co co.z .za https ps:// ://ww www.fa w.faceb ceboo ook. k.com/ com/kironia kironia “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
NE NEW DEV W DEVEL ELOPMENTS OPMENTS IN IN AL ALIE IEN N IN INVA VASIVE SPE SIVE SPECI CIES ES CONT CO NTRO ROL L AN AND D LE LEGI GISLATI SLATION ON IN IN SO SOUTH UTH AFRI AF RICA CA “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
What are alien invasive species? Alien invasive species are species that have been introduced into an area and are able to out-compete and displace indigenous or useful alien species. They may be plants, animals or microbes and are widely regarded as the biggest threat to the productive use of land and water, to the ecological functioning of natural systems, to health and to the economy . “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Relevant legislation Conservation of Agricultural Resources Act (CARA) – Act 43, 1983; amended in 2001. National Environmental Management: Biodiversity Act (NEMBA) - NEMBA: Act no. 10 of 2004. Alien Invasive Species Regulations, 2014, effective from 1 October 2014. “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
CARA – Conservation of Agricultural Resources Act CARA – Act 43, 1983; amended in 2001. Lists 198 alien invasive PLANT NT species. Deals primarily with plants posing a threat to agricultural resources. Landowners are legally responsible for control of alien invasives on their property. Listing in 3 categories: • Category 1: Prohibited and must be controlled. • Category 2: Commercial plants requiring permits. • Category 3: Ornamental plants; may remain, but prevent spread and stop propagation. Administered by the National Department of Agriculture. Prioritized implementation is by area. “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
NEMBA – National Environmental Management: Biodiversity Act NEMBA: Act no. 10 of 2004: Alien Invasive Species; alien invasive species regulations gazetted 1 August 2014, effective from 1 October 2014. Lists 379 terrestrial plants, 4 marine plants. Animal listings for the first time: 41 mammals, 24 birds, 35 reptiles, 7 amphibians, 15 freshwater fish, 23 terrestrial invertebrates, 8 freshwater invertebrates, 16 marine invertebrates and 7 microbial species. Aimed at the conservation of biodiversity. Listings in 4 categories. Administered by the Department of Environmental Affairs. Prioritized implementation according to restricted activity. “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
NEMBA categories Ca Category gory 1a: Species must be combatted or eradicated. Ca Category gory 1b: Species must be controlled. Ca Category gory 2: Commercially important species, requiring permits.* Ca Category gory 3: Horticultural species; allowed, but propagation and trade prohibited.* *Plants in riparian areas revert to category 1b #Several species specific specifications are made in terms of permissible plant use and exceptions to the 4 categories. “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Duty of Care - landowners NEMBA A (200 004): Ca Capter er 5, Part t 2, page 60, 0, 73 (2) A land owner must: Notify the DEA, in writing, of listed invasive species on their land. Take steps to control and eradicate such species and prevent its spread. Take all steps to minimize harm to the biodiversity “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Wording of the NEMBA Act Ch Chapt pter er 5, Part rt 2, section ion 73(2) “A person who is the owner ner of land on which a listed invasive species occurs must t notify ify any releva vant nt compet mpetent ent autho hority rity in writ iting ing of the listed ed invasive vasive species cies occurrin curring g on that land. d. “ Chapt Ch pter er 7, Section ion 29(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.” “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Declaration of Alien Invasive Species Certificate The NEMBA Regulations (1 August, 2014) state that the seller of any immovable property must, prior to the relevant sale agreement, notify the purchaser of the property in writing of the presence of listed invasive species on that property. A copy of the certificate to be lodged at the municipal Registrar of deeds. A copy of the certificate to be lodged with the Compliance Officer, Biosecurity Directorate, of the DEA. “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Why is the AIS certificate important “A property that contains invasive species is a liability to the buyer. “ “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Alien Invasive Species as liabilities It is the responsibility of the land owner to control AIS occurring on their property (NEMBA BA (200 004): Ca Capter er 5, Part t 2, page e 60, 0, 73 (2)). )). The control of AIS is costly and long term commitment. The cost of controlling heavy infestations of AIS can, in certain instances, equal or exceed the selling price of a property. Property owners that fail to control AIS on their properties might be held liable should these species spread to adjacent properties. AIS species could have additional risk associated with infestations, e.g. increased fire hazard and health implications. It is the right of a purchaser of a property to be made aware of all existing liabilities. AIS could be seen in a similar light to infestations of termites or wood borer in the structural timbers of a house. “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Who can issue an AIS certificate? Formal consultant certification and training as far as the NEMBA Alien Invasive Species Regulations is concerned is done by the South African Green Industries Council (SAGIC). “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Certification “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
The responsibility of Estate Agents Estate e Agents ts Affairs irs Board: ard: Co Code de of Co Condu duct ct: Estate Agents’ Duty to Disclose Relevant Facts 4.1.1. “convey to a purchaser or lessee all facts concerning such property as are within his personal knowledge and which are or could be material to a prospective purchaser or lessee thereof.” Property sellers are legally obliged to complete a 'Declaration of Invasive Species' certificate. Estate Agents, as facilitators of the sale of property, need to inform property sellers of this obligation and property buyers of the risk inherent in purchasing a property infested with declared alien invasive species. “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
Responsibilities of the Organs of state/municipalities. All municipalities must, by law, develop an Invasive Species Management Plan (ISMP) within 3 years of the NEMBA law being promulgated (1 August 2014). The municipalities must make the ISMP a part of their IDP’s . “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
The consequence of non-compliance Chapter 9, Section 35: Non-compliance with provisions in the act carries the penalties of a fine (not exceeding R5 million) or imprisonment not exceeding 10 years (first offence). “Science Supporting Environmental Kironia Environmental Kironia Habitat Gardens Sustainability”
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