National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)NoticesAlien and Invasive Species Lists, 2020Notice 1 : Notice in respect of Categories 1a, 1b, 2 and 3, Listed Invasive Species, in terms of which certain Restricted Activities are prohibited in terms of section 71A(1); exempted in terms of section 71(3); require a Permit in terms of section 71(1) |
Where the scientific name of any listed species changes or there is a spelling error in the scientific name, the common name of the species takes precedence and determines whether a particular species is listed or not.
In respect of Categories 1a, 1b, 2 and 3 Listed Invasive Species, certain Restricted Activities are—
(a) | Prohibited in terms of section 71A(1); |
(b) | exempted in terms of section 71(3); or |
(c) | require a Permit in terms of Chapter 7, |
and must be read with the lists in Notice 3.
"catchment"
in relation to a watercourse or watercourses or part of a watercourse, means the area from which any rainfall will drain into the watercourse or watercourses or part of a watercourse, through surface flow to a common point or common points;
"cultivation"
in relation to land, means any act by means of which the topsoil is disturbed mechanically;
"discrete catchment systems"
means all inland water bodies, whether fresh or saline, including rivers, lakes, dams, wetlands and estuaries, that are within a catchment that is separated from other catchments;
"untransformed land"
means land that has not been altered from its natural state, or land that is used for natural grazing, and includes land in its natural state that has been degraded by factors such as soil erosion, over-grazing, over-burning, flooding, invasive species and bush encroachment; and
"watercourse"
shall have the meaning assigned to it in the National Water Act, 1998 (Act No. 36 of 1998).
General exemption of listed invasive species:
(1) | All dead specimens of any listed invasive species are exempted from requiring a Permit for any restricted activity. |
(2) | Notwithstanding any prohibition in Notice 1 or Notice 3 below, but subject to paragraph 1 above, any person in possession of a listed invasive plant species which is being utilised as biomass is hereby exempted from requiring a permit for and may undertake the restricted activities of— |
(a) | conveying, moving or otherwise translocating any specimen of a listed invasive plant species; and |
(b) | selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of a listed invasive plant species, |
on the condition that the person complies with any norms and standards relating to biomass, published in terms of the Act.
(3) | Notwithstanding any prohibition in Notice 1 or Notice 3, any person conveying, moving or otherwise translocating any specimen of a listed invasive plant species for disposal or treatment as waste, is hereby exempted from requiring a permit for and may undertake such restricted activity, provided such person complies with any norms and standards relating to disposal of listed invasive species, published in terms of the Act. |
(4) | Notwithstanding any prohibition in Notice 1 or Notice 3 below, any authorised official, is hereby exempted from requiring a permit for and may undertake any restricted activity necessary to perform their functions in terms of the Act or the National Environmental Management Act. |
(5) | An extension to a plantation is exempted from undertaking a risk assessment in terms of section 71(2) of the Act, prior to applying for a permit in terms of the Act and Alien and Invasive Species Regulations, 2020, provided the application for an environmental authorisation in terms of the National Environmental Management Act included an invasive species risk assessment. |
Note that the species-specific exemptions and prohibitions in Notice 3 take precedence over Notice 1, in the event of any conflict.
Restricted Activities as defined in the Act |
Category 1a |
Category 1b |
Category 2 |
Category 3 |
||
|
Prohibited |
Prohibited |
Permit required |
Prohibited |
||
|
Exempted |
Exempted |
Permit required |
Exempted |
||
|
Prohibited |
Prohibited |
Permit required |
Prohibited |
||
|
Prohibited |
Prohibited |
Permit required |
Prohibited |
||
|
Prohibited |
Prohibited |
Permit required |
Prohibited |
||
Restricted Activities as defined in Regulation 6 |
||||||
|
Prohibited |
Prohibited |
Permit required |
Prohibited |
||
|
Prohibited |
Prohibited |
Permit required |
Prohibited |
||
|
Prohibited |
Prohibited |
Permit required |
Prohibited |
||
|
Prohibited |
Prohibited |
Permit required |
Prohibited |
||
|
Prohibited |
See Notice 3 |
See Notice 3 |
See Notice 3 |
||
|
Prohibited |
Prohibited |
Prohibited |
Prohibited |
||
|
See Notice 3 |
See Notice 3 |
See Notice 3 |
See Notice 3 |