Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)

Regulations

Regulations in terms of Conservation of Agricultural Resources Act

Part I : Control Measures

14. Restoration and reclamation of disturbed or denuded land
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(1) If a land user disturbs or denudes any land on his farm unit for purposes other than prospecting or mining activities—
(a) such disturbance or denuding shall be done systematically from a specified point;
(b) the area of land that is left unprotected prior to the commencement of the restoration or reclamation thereof as contemplated in paragraph (c), shall not at any time exceed one hectare or such larger area as the executive officer may approve on application; and
(c) such land user shall by means of as many of the following measures as are necessary in his situation, effectively restore and reclaim that disturbed or denuded land:
(i) Topsoil shall be removed and kept separate with a view to replacing it later on the disturbed or denuded land.
(ii) Topsoil shall be used to stabilise the sides of a hollow that has been caused by the exploitation or removal of material and, where possible, to reclaim part of the disturbed or denuded land.
(iii) Excavations shall be removed so far from boundary fences that the sides thereof can be finished and stabilised without encroaching upon adjoining land.
(iv) The flow pattern of run-off water, the topography and the slope shall, depending on the volume of material exploited or removed, be restored as closely as possible to the original condition.
(v)Suitable vegetation shall be established on the land concerned in order to expedite the restoration and reclamation thereof.
(vi) The land concerned shall be fenced off and withdrawn from grazing until such time as vegetation has been sufficiently restored or established.
(vii) A suitable soil conservation work shall be constructed and thereafter be maintained in order to protect the land concerned against excessive soil loss through the action of water or wind or in order to collect sediment from run-off water.

 

(2) If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to restore or reclaim disturbed or denuded land effectively, he may direct such land user in writing to apply such additional measures as the executive officer may determine.