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
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- 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.
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- 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.
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- Permit conditions for all Category 2 species
- An explanation of the 'duty of care' responsibilities for private landowners and organs of state.
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- 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:
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- 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.
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2020 (18 September): NEMBA Alien and Invasive Species (AIS) Lists
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- 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
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2020 (25 September): NEMBA Alien and Invasive Species (AIS) Regulations
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- Removed: The category listing ‘Prohibited species’
- Removed: Declaration of Invasive Species Form required before selling any property.
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2016 (29 July): NEMBA Alien and Invasive Species (AIS) Lists
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- National invasive species lists are updated.
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2014 (1 August): NEMBA Alien and Invasive Species (AIS) Regulations
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- Regulations outline the FOUR categories, restricted activities, exempted alien species, national status reports, permits, risk assessment, permits and prohibited species in ten chapters.
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2014 (1 August): NEMBA Alien and Invasive Species (AIS) Lists
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- 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
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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.
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- 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
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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.
Lists and regulations for invasive species in South Africa
2020: NEMBA Alien and Invasive Species List (18 September, 2020)
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: NEMBA Alien and Invasive Species Regulations (25 September, 2020)
The regulations are encapsulated in 10 Chapters:
- Chapter 1 – Interpretation
- Chapter 2 – Categories of Listed Invasive Species
- Chapter 3 – Restricted Activities
- Chapter 4 – National Framework Documents
- Chapter 5 – Registers and Notification
- Chapter 6 – Risk Assessment
- Chapter 7 – Issuing, Amendment and Cancellation of Permits
- Chapter 8 – Emergency Suspension
- Chapter 9 – Compliance and Enforcement
- Chapter 10 – Repeal, Short Title and Commencement
Four Categories for 567 Listed Invasive Species
Listed invasive species are assigned to four categories:
Category 1a:
- Species which must be combatted or eradicated.
- Immediate steps must be taken to combat or eradicate.
- Authorised officials must be permitted to enter properties to monitor, assist with or implement the combatting or eradication.
- If an Invasive Species Management Programme has been developed, a person must combat or eradicate the listed invasive species in accordance with such programme.
Category 1b:
- Species which must be controlled.
- Property owners and organs of state must control the listed invasive species within their properties.
- If an Invasive Species Management Programme has been developed, a person must control the listed invasive species in accordance with such programme.
- Authorised officials must be permitted to enter properties to monitor, assist with or implement the control of listed species.
- Any Category 2 listed species (where permits are applicable) which fall outside of containment and control, revert to Category 1b and must be controlled.
- Any Category 3 listed species which occur within a Protected Area or Riparian (wetland) revert to Category 1b and must be controlled.
- The Minister may require any person to develop a Category 1b Control Plan for one or more Category 1b species occurring on a property.
Category 2:
Any species listed under Category 2 requires a permit issued by the Department of Forestry, Fisheries and the Environment (DFFE) to carry out a restricted activity (See Permit Applications.)
- A permit is required to carry out any restricted activity.
- No person may carry out a restricted activity in respect of a Category 2 listed invasive species without a permit.
- A person in control of a Category 2 listed species must take all necessary measures to ensure that specimens of the species do not spread outside of the land or area, such as an aviary) specified in the permit.
For permit details, view PERMIT APPLICATIONS.
Category 3:
- Category 3 listed invasive species are subject to certain exemptions in terms of section 70 (1)(a) of the NEMBA Act, which applies to the listing of alien invasive species.
- Any Category 3 listed plant species that occurs in riparian areas, must be considered as Category 1b and the appropriate control measures instituted.
