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

Regulations

Regulations in terms of Conservation of Agricultural Resources Act

1. Definitions

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Any word or expression in these regulations to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates—

 

"biological control"

means the use of natural enemies of category 1, 2 and 3 plants to control such plants;

[Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"biological control agent"

means a natural enemy of category 1, 2 or 3 plants that is used to control such plants;

[Definition  inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"biological control expert"

means an academic or research institute or an academic or research organisation established by legislation which, or a person associated with or in the employment of such an institute or organisation who, practises and researches biological control of category 1, 2 and 3 plants;

[Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"biological control reserve"

means an area designated by the executive officer in terms of regulation 15D of the regulations for the breeding of biological control agents;

[Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"bush encroachment"

means stands of plants of the kinds specified in column 1 of Table 4 where individual plants are closer to each other than three times the mean crown diameter;

[Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"category 1 plants"

means plants of the kinds specified as category 1 in column 3 of Table 3 opposite the names of the respective kinds of plants;

[Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"category 2 plants"

means plants of the kinds specified as category 2 in column 3 of Table 3 opposite the names of the respective kinds of plants;

(Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"category 3 plants"

means plants of the kinds specified as category 3 in column 3 of Table 3 opposite the names of the respective kinds of plants;

[Definition  inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"control"

means to combat category 1, 2 and 3 plants by means of the methods prescribed in regulation 15E to the extent necessary to prevent or to contain the occurrence, establishment, growth, multiplication, propagation, regeneration and spreading of such plants;

[Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"demarcated area"

means an area of land approved by the executive officer in terms of regulation 15B of the regulations for the occurrence, establishment and maintenance of category 2 plants;

[Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"environment conservation regulations"

means regulations in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), as published by Government Notice No. R.1182 of 5  September 1997, as amended from time to time, or similar regulations promulgated under legislation administered by the Department of Environmental Affairs and Tourism;

[Definition inserted by regulation 2(a) of Notice No. R. 280 of 2001]

 

"excessive soil loss"

means the loss of soil through erosion that in the opinion of the executive officer exceeds the norm which he deems tolerable in a given situation with due regard to the relevant natural factors and farming practices;

 

"extension office"

means an office of the department established with a view to the rendering of  extension services;

 

"farm unit"

means one or more pieces of land, each of which is registered separately in a deeds office, and which is farmed as a single unit;

 

"flood area"

in relation to a water course, means the area which in the opinion of the executive officer is flooded by the flood water of that water course during a 1-in-10 years flood;

 

"propagating material"

means any material of a plant that can be used for the propagation of that plant;

[Definition inserted by regulation 2(b) of Notice No. R. 280 of 2001]

 

"run-off water"

means excess surface water resulting from rain;

 

"secretary"

in relation to a conservation committee, means a person appointed in terms of section 15(10) of the Act to act as secretary for that conservation committee;

 

"sell"

includes agree to sell, or offer, advertise, keep, exhibit, send, consign, convey or deliver for sale, or exchange for anything or dispose of or deliver to any other person in any manner, whether for a consideration or otherwise; and "sold" and "sale" have corresponding meanings;

[Definition inserted by regulation 2(c) of Notice No. R. 280 of 2001]

 

"slope"

in relation to a specified portion of land on a farm unit, means the vertical difference in height between the highest and the lowest points of that portion of land, expressed as a percentage of the horizontal distance between those two points;

 

"the Act"

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

 

"veld"

means land which is not being or has not been cultivated and on which indigenous vegetation, or other vegetation which in the opinion of the executive officer is or can be utilised as grazing for animals, occurs;

[Definition amended by regulation 2(d) of Notice No. R. 280 of 2001]

 

"waterway"

means an artificial flow path constructed on land in order to carry away run-off water without causing excessive soil loss; and

[Definition amended by regulation 2(e) of Notice No. R. 280 of 2001]

 

"wetland"

means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.

[Definition inserted by regulation 2(f) of Notice No. R. 280 of 2001]