INVADER OR ALIEN PLANTS
Category Apple Property News
THE HOME OWNER AND INVASIVE AND PROHIBITED PLANTS
The National Environmental Management Biodiversity Act 2004 (Act No 10 of 2004) (The “Act”) provides for the management and conservation of South Africa’s biodiversity and the establishment of a National Biodiversity Institute for the implementation of the Act. In terms of Section 70(1) of the Act, the Minister must publish a national list, and the MEC may publish a provincial list of invasive species for which restricted activities apply.
A person may not carry out restricted activities involving a specimen of alien species on such list without a permit issued in terms of Chapter 7 of the Act, which shall only be issued after the prescribed assessment of risks and potential impact on biodiversity is carried out. Restricted activities include amongst others importing, having in possession, conveying, moving or translocation, and acquiring or disposing of a listed invasive species. The permit may not be transferred to another person and is valid for five years.
The Regulations to the Act as well as the list of invasive species were both published and the Regulations came into force on 1 October 2014. The Regulations published identified a total of 559 alien species, including 383 plant species as invasive, and a further 560 species listed as prohibited that may not be introduced into the country. Category 1a and 1b listed invasive species must be controlled and eradicated. Category 2 plants may only be grown if a permit is obtained and the property owner ensures that the invasive species do not spread beyond his or her property. Of particular interest to property owners is Section 29 of the Regulations that deals with the sale or transfer of alien and listed invasive species. In terms of subsection 1, if a permit holder sells a specimen of an alien or listed invasive species or the property where it is under its control, the new owner must apply for a permit under Chapter 7 of the Act, which shall in terms of subsection (2) be subject to the same conditions as the previous permit holder unless specific circumstances requires a revision of the permit conditions.
Subsection (3) requires that: “The Seller of an immovable property must, prior to the conclusion of the relevant sale agreement, notify the purchaser of such immovable property in writing of the presence of listed invasive species on that property”. We therefore suggest that the following clause be inserted in Deeds of Sale of immovable property to adhere to the requirements of the Act:
“The parties agree that the Seller has complied with his/her obligations in terms of Section 29(3) of the Regulations of the National Environmental Management: Biodiversity Act 2004 (Act No 10 of 2004) and particularly with regards to the disclosures to the Purchaser contained therein regarding the presence of Alien and/or Invasive Species as published on the 2014 list on the website of the Department of Environmental Affairs www.environment.gov.za.The Purchaser hereby acknowledge and declare that he has been notified by the Seller accordingly. “
Immovable property is not defined in the Act or the Regulations and will therefore include all properties including sectional title properties.
Persons contravening or not complying with the Regulations are guilty of an offence and if convicted liable for a fine not exceeding five million rand for a first offence and ten million rand for a second offence, or imprisonment for a period not exceeding 10 years, or both a fine and imprisonment.
INVADER OR ALIEN PLANTS
Invader or alien plants are those that were introduced to South Africa and have since become invasive, encroaching on, or even replacing, the natural vegetation. Plant status can change over time.
Some plants that are considered invaders today were once regarded as decorative garden plants or were introduced to the region as plantation crops, or for stabilizing sand-dunes, but they have now spread beyond their bounds and become a nuisance.
Invaders come in all plant categories, from trees and shrubs to succulents, grasses and aquatic plants. They are often similar to local species, or to other members of their family that do not share their invasive characters.
In many areas, invader plants establish themselves because they have no natural enemies, such as insects or diseases, to hold them in check. In
contrast, indigenous species often have to survive competition from their own natural enemies as well as from the invasive plants.
Plant invaders succeed due to their ability to grow and multiply vigorously, their high rate of seed production, their ability to sprout again after felling and their often-unpleasant taste to indigenous insects and animals.
Invader plants pose a very real threat to the environment and the economy. Apart from overrunning the natural vegetation, requiring often-expensive clearance programmes, they can choke rivers, dams and irrigation channels, reducing the amount of water available to human settlement, indigenous vegetation and local wildlife. Whether you live in an urban environment or a rural village, it is important to recognize invasive plants and take steps to control their spread.
Author: Apple Property
