INVASIVE ALIEN PLANTS: SERIOUS REPERCUSSION FOR OWNERS OF PROPERTY
Invasive alien plants pose a direct threat not only in South Africa's biological diversity, but also to water security, the ecological functioning of natural systems and the productive use of land.
Invasive species are controlled by the National Environmental Management Biodiversity Act 10 of 2004 (NEMBA) and The Alien and Invasive Species regulations which became law on 1 October 2014.
In terms of this act and regulations a total of 559 alien species are now listed as invasive in four different categories namely Category 1 a, Category 1 b, Category 2 and Category 3.
In terms of the regulations all property transfers after 1 October 2014 should comply with the regulations as set out in the following manner:
* All sellers should advise the Purchasers whether there are any invasive species on the property.
* An invasive species declaration needs to be signed by an Invasive Species consultant to confirm that there are no invasive species present or should there be invasive species present to notify the Department of Environmental Affairs.
* Should it fall under Category 1 a and Category 1 b these plants needs to be removed by a specialist to ensure they do not grow back again.
* Should the plants fall under Category 2, a permit needs to be obtained by the Department of Environmental Affairs.
* For Category 3 plants you as the property owner may under no circumstances remove or replant these species.
* Although not directly mentioned in the legislation Estate Agents needs to take note of this important aspects and assure that it is included in all Sale Agreements.
Failure to adhere to the Act and regulations may have serious REPERCUSSION for you as the owner of the property as the Act makes provisions for penalties for noncompliance, which can result in a fine of up to R 10 million or up to ten years imprisonment or both.
All property owners and prospective buyers can contact our offices for further detail and Estate Agents are invited to contact our offices to assist in the amendment of their sale agreements to comply with the current legislation.
