Mpumalanga Biodiversity Conservation Plan Handbook - bgis-sanbi

APPENDIX 1
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ENVIRONMENTAL LEGISLATION
ENVIRONMENTAL LEGISLATION RELEVANT TO BIODIVERSITY PRIORITY AREAS
CONSERVATION OF AGRICULTURAL RESOURCES ACT (43 OF 1983)
(to be replaced by Sustainable Use of Agricultural Resources Bill)
Authority: National Department of Agriculture
Commenting authority: Provincial Department of Agriculture (DALA) and MTPA
KEY SECTION: Terrestrial and aquatic invasive alien species
APPENDIX 1 - ENVIRONMENTAL LEGISLATION
There are many environmental and planning laws that require planners and decision-makers to consider the
conservation of biodiversity. These apply at all levels of government but are particularly important at the level
of the Local Municipality. It is here, and with the provincial environmental authority, which is currently the
Department of Agriculture and Land Administration (DALA), where these responsibilities are most obviously
and importantly located.
The focus of planning and decision making is necesarily on the future. The future of our natural resources has
already been compromised with over 35% of the province’s natural vegetation cover already transformed and
its biodiversity substantially destroyed. In this context it must be recognised that any further disturbance of
natural habitat has legal implications and in most cases requires a permit from the regulatory authority. A
selection of relevant environmental legislation is set out below for quick reference (adapted from Job, 2006).
Funding is available from National Department of Agriculture to support clearing of
invasive species. Lists of weeds and invader plants are available, (R.280 of March 2001).
REGULATION 16: Control of weeds and invader plants:
1. If invasive weeds (as specified in the Act) occur on any area (also specified) the land
user shall, by any of the following means, control those weeds effectively:
(a) The weeds shall be uprooted, felled or cut off and shall be destroyed by
burning or other suitable method.
(b) The weeds shall be treated with an appropriately registered weed killer.
(c) The measures above shall be applied to the seeds, seedlings or regrowth
of the weeds to prevent them from setting seed or propagating
vegetatively.
Various categories of invasive alien plant species are listed in different sections of the
Act with appropriately strict and specific responses required of any land owner or
occupier in repect of each category of invader plant.
KEY SECTION: Terrestrial ecosystems
REGULATION 2: Cultivation of virgin soil.
No land user shall cultivate any virgin soil except with the authority of a written permit
issued by the executive officer. Virgin soil includes land that was cultivated but has lain
fallow for more than ten years. Such permission may also be granted in terms of
Section 4A of the National Forest Act (68 of 1972).
REGULATION 3: Cultivation of land with a slope.
1. Land with a slope of more than 20% may not be cultivated without a permit.
2. Land with a slope of more than 12% may not be cultivated without a permit if
certain specified soil types or conditions occur on that land.
3. The above prohibitions do not apply to land that was already cultivated when these
regulations came into force, provided such land is already protected effectively
against excessive soil erosion.
Funding is available from National Department of Agriculture for measures to prevent soil
erosion, the restoration of eroded land or degraded veld.
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