South African Invasive Species Legislation:   NEMA, NEMBA, CARA and PESTICIDES ACT

Invasive species legislation is governed by the following legislation.

   –   National Environmental Management Act (Act 107 of 1988) or NEMA

   –   National Environmental Management: Biodiversity Act (Act 10 of 2004)  or NEMBA Act

• • • NEMBA Chapter 5 specifically deals with Alien Invasive Species – “Species and organisms posing potential threats to biodiversity”.
    • NEMBA Chapter 5 is divided into four parts, of which Part 1 includes Alien Species and Part 2 Invasive Species.
    • NEMBA Alien and Invasive Species (AIS) Regulations were passed into law in 2014 and updated in 2020. 

   – Conservation of Agricultural Resources Act (ACT No. 43 OF 1983) or CARA 

    – Agricultural Pesticides Act (Act 36)

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NEMBA Alien and Invasive Species (AIS) Regulations and Lists

The AIS Regulations and Lists are two documents. 

• REGULATIONS:    Manage the control and management of invasive species in South Africa.  
  • • • • • • • Permit conditions for all Category 2 species
              • An explanation of the ‘duty of care’ responsibilities for private landowners and organs of state.
• LISTS:   The National List includes 567 species in 4 categories.  The National List of Invasive Species is updated periodically.

2021 (24 February): AIS Commencement Notice No 115.   The Minister gazettes: 

• • • AIS Regulations gazetted in 2020 will only come into effect on 1 March 2021
    • Removed:  Rainbow trout and Brown trout are removed from the national list of invasive species.

2020 (18 September):  NEMBA Alien and Invasive Species (AIS) Lists

• • • Update of the 2016 AIS Species Lists
    • The National List includes: Plants (383), mammals (43), birds (14), reptiles (30), amphibians (7), fresh-water fish (30), terrestrial invertebrates (24), fresh-water invertebrates (12), marine invertebrates (17) and microbial species (7). Total: 567 species

2020 (25 September): NEMBA Alien and Invasive Species (AIS) Regulations

• • • Removed:  The category listing ‘Prohibited species’
    • Removed:  Declaration of Invasive Species Form required before selling any property.

2016 (29 July):  NEMBA Alien and Invasive Species (AIS) Lists

• • • National invasive species lists are updated.

2014 (1 August): NEMBA Alien and Invasive Species (AIS) Regulations

• • • Regulations outline the FOUR categories, restricted activities, exempted alien species, national status reports, permits, risk assessment, permits and prohibited species in ten chapters.

2014 (1 August):  NEMBA Alien and Invasive Species (AIS) Lists

• • • National List includes: Plants (383), mammals (41), birds (24), reptiles (35), amphibians (7), fresh-water fish (15), terrestrial invertebrates (23), fresh-water invertebrates (8), marine invertebrates (16) and microbial species (7). Total: 559 species

2001 (8 March):  Conservation of Agricultural Resources Act (ACT No. 43 OF 1983) or CARA

CARA Regulations 15 and 16 concern invasive or problem plants in agricultural lands.  CARA is managed and enforced by officials in the Ministry of Agriculture (in the Department of Agriculture, Land Reform and Rural Development)

The CARA Regulations and Lists comprise the following suite of documents:

• REGULATIONS:  CARA Regulations 15 and 16 under this Act, which concern invasive or problem plants, were amended during March 2001. 
• INVASIVE ALIEN PLANT LISTS:  CARA Regulations refer to Table 3 – a National List of 198 Invasive Alien Plants, which are divided into three categories. 
• SPECIES WITH EXEMPTIONS:  CARA Regulations allow for species which are exempted for various reasons. 
• BUSH ENCROACHMENT:  CARA Regulations list indigenous species which are invasive. Also known as Table 4 in the CARA Regulations. 

2021 (21 March):  Environmental Programmes Herbicide Policy

Developed by Debbie Muir (DFFE), this herbicide policy is the most comprehensive document covering the legal and safe use of herbicides in South Africa.

2021 (29 March): Regulations for Hazardous Chemical Agents as per Occupational Health and Safety Act (1993)

• • • A 67 page document covering all the information needed by organisations using herbicides in the workplace. 
    • An Addendum to the Regulations was made on 31 March, 2021

2014 (6 June):  Agricultural Pests Act – Amendments 

Information regarding the amendment to control measures relating to invasive species in terms of the Agricultural Pests Act as per the Government Gazette no 37702.