LEGISLATION GUIDELINE FOR INVASIVE ALIEN SPECIES

This legislation guideline, published by WWF South Africa, provides a comprehensive overview of the legal obligations for land users and businesses managing alien and invasive species (AIS) in South Africa. It details the requirements across multiple statutes, including the Biodiversity Act, the Conservation of Agricultural Resources Act, and the National Water Act, focusing on permitting, control categories, and penalties for non-compliance.

• The National Environmental Management: Biodiversity Act 10 of 2004 and its associated AIS Regulations control the spread of alien and invasive species through a permitting system for "restricted activities" and general obligations for land users to control or eradicate specific species.
• The AIS List categorizes invasive species into four groups with different legal requirements: Category 1a must be combatted or eradicated; Category 1b must be controlled; Category 2 requires a permit for restricted activities; and Category 3 is subject to specific exemptions or prohibitions, though further trade and propagation are banned.
• Under the Biodiversity Act, failure to comply with directives or carrying out restricted activities without a permit can lead to severe penalties, including fines up to R10 million or imprisonment for up to 10 years.
• The Conservation of Agricultural Resources Act 43 of 1983 (CARA) regulates "declared weeds" and "declared invader plants," with Category 1 weeds being absolutely prohibited and Category 2 plants permitted only in demarcated areas or biological control reserves.
• The National Environmental Management Act 107 of 1998 (NEMA) imposes a general duty of care on any person who may cause significant environmental degradation, which includes the proliferation of alien or invasive species affecting watercourses.
• Large-scale removal of alien and invasive species in watercourses may trigger the need for an environmental authorisation under NEMA if activities include removing more than 5 cubic metres of soil, sand, pebbles, or rock.
• The National Water Act 36 of 1998 requires authorisation for "water uses," such as altering the bed or banks of a watercourse, which can occur during mechanical AIS removal. Authorisation may be obtained via an existing lawful water use, a general authorisation, or a water use licence.
• The National Forests Act 84 of 1998 protects "Champion Trees," making it an offence to cut or damage these protected trees without a licence, regardless of whether they are alien species.
• The Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947 requires that chemicals used for AIS management be registered as agricultural remedies and used only by registered pest control operators.
• Employers using hazardous biological agents (HBAs) for AIS management must comply with the Occupational Health and Safety Act 85 of 1993, which includes conducting risk assessments every two years and providing medical surveillance for exposed employees.
• The National Heritage Resources Act 25 of 1999 may restrict the removal of alien trees if they are located within a declared heritage site or protected area, requiring a permit or prior consultation with heritage authorities.
• The National Veld and Forest Fire Act 101 of 1998 requires landowners to maintain firebreaks free of flammable material, meaning extracted AIS plant matter cannot be stored on these boundaries.

APA

WWF South Africa (n.d.). LEGISLATION GUIDELINE FOR INVASIVE ALIEN SPECIES. http://wwfafrica.awsassets.panda.org/downloads/appendix_1_legislation_guideline_for_invasive_alien_species.pdf

Chicago

WWF South Africa. LEGISLATION GUIDELINE FOR INVASIVE ALIEN SPECIES. n.d. http://wwfafrica.awsassets.panda.org/downloads/appendix_1_legislation_guideline_for_invasive_alien_species.pdf.

Wikipedia

{{cite report |author=WWF South Africa |title=LEGISLATION GUIDELINE FOR INVASIVE ALIEN SPECIES |url=http://wwfafrica.awsassets.panda.org/downloads/appendix_1_legislation_guideline_for_invasive_alien_species.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{wwfsouthafricandlegislation, author = {{WWF South Africa}}, title = {{LEGISLATION GUIDELINE FOR INVASIVE ALIEN SPECIES}}, institution = {WWF South Africa}, url = {http://wwfafrica.awsassets.panda.org/downloads/appendix_1_legislation_guideline_for_invasive_alien_species.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }