LEGISLATION GUIDELINE FOR INVASIVE ALIEN SPECIES

The document provides a comprehensive overview of South African legislation governing alien and invasive species, primarily focusing on the National Environmental Management: Biodiversity Act and the Conservation of Agricultural Resources Act. It details the classification of invasive species, the permitting process for restricted activities, and the specific duties of land owners to control or eradicate listed species. Additionally, it explains how other laws—including those regarding water, forests, heritage, and occupational health—intersect with invasive species management, and specifies the criminal and financial penalties for non-compliance.

• The National Environmental Management: Biodiversity Act 10 of 2004 (Biodiversity Act) regulates 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: Category 1a (must be combatted or eradicated), Category 1b (must be controlled), Category 2 (requires a permit for restricted activities), and Category 3 (subject to certain exemptions or prohibitions, with further trade or propagation prohibited).
• Under the Biodiversity Act, land owners must notify the Department of Environment, Forestry and Fisheries (DEFF) in writing if listed invasive species occur on their land and take steps to prevent harm to biodiversity.
• The Conservation of Agricultural Resources Act 43 of 1983 (CARA) regulates 'declared weeds' and 'declared invader plants', with Category 1 weeds being absolutely prohibited except in biological control reserves.
• CARA identifies 'declared invader plants' as indigenous plants that serve as indicators of 'bush encroachment', which occurs when plants are closer to each other than three times the mean crown diameter.
• 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 serious infestations of invasive species.
• Large-scale removal of invasive species in watercourses may trigger 'water use' authorizations under the National Water Act 36 of 1998, specifically if the activity alters the bed, banks, or characteristics of the watercourse.
• The National Forests Act 84 of 1998 protects 'Champion Trees'; removing such trees without a license is an offence, even if they are alien species.
• The Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947 requires that chemicals used for invasive species management be registered and used only by registered 'pest control operators'.
• Employers using hazardous biological agents (HBAs) for invasive species management must comply with the Occupational Health and Safety Act 85 of 1993, including conducting risk assessments every two years and providing medical surveillance for exposed employees.
• The National Heritage Resources Act 25 of 1999 may prohibit the felling of alien trees if they are located within a declared heritage site or protected area.
• Penalties for offences under the Biodiversity Act can be severe, including fines up to R10 million or imprisonment for up to 10 years.

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} }