National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 5 : Species and Organisms Posing Potential Threats to BiodiversityPart 2 : Invasive species73. Duty of care relating to listed invasive species |
| (1) | A person authorised by permit in terms of section 71(1) to carry out a restricted activity involving a specimen of a listed invasive species must take all the required steps to prevent or minimise harm to biodiversity. |
| (2) | A person who is the owner of land on which a listed invasive species occurs must— |
| (a) | notify any relevant competent authority, in writing, of the listed invasive species occurring on that land; |
| (b) | take steps to control and eradicate the listed invasive species and to prevent it from spreading; and |
| (c) | take all the required steps to prevent or minimise harm to biodiversity. |
| (3) | A competent authority may, in writing, direct any person who has failed to comply with subsection (1) or (2), or who has contravened section 71(1), to take such steps— |
| (a) | as may be necessary to remedy any harm to biodiversity caused by— |
| (i) | the actions of that person; or |
| (ii) | the occurrence of the listed invasive species on land of which that person is the owner; and |
| (b) | as may be specified in the directive. |
| (4) | If that person fails to comply with a directive issued in terms of subsection (3), a competent authority may— |
| (a) | implement the directive; and |
| (b) | recover all costs reasonably incurred by a competent authority in implementing the directive— |
| (i) | from that person; or |
| (ii) | proportionally from that person and any other person who benefited from implementation of the directive. |