Did you know that you can go to jail by harbouring alien and invasive plants on your property?  If not, please read on.

The National Environmental Management and Biodiversity Act (NEMBA) (2004) states under Chapter 5, Section 73(2)(b) Duty of care: “A person who is the owner of land on which a listed invasive species occurs must take steps to control or eradicate the listed invasive species and to prevent it from spreading”. ‘Control’ means the systematic removal of all visible specimens of an invasive species.

Category 1a: Iris pseudacorus (yellow flag / geel iris)
Photo: Petro Lemmer

The Alien and Invasive Species Regulations for The National Environmental Management Biodiversity Act (NEMBA) (No. 10 of 2004) was published and put into effect in 2014 and divides invasive species into four categories, namely Category 1a, 1b, 2 and 3.

Category 1a: Invasive species which must be combated and eradicated. Any form of planting or trade is strictly prohibited.

Category 1b: Lantana camara (lantana)
Photo: Louise Kritzinger

Category 1b: Invasive species which must be controlled and wherever possible, removed and destroyed. Any form of planting or trade is strictly prohibited.

Category 2: Invasive species or species deemed to be potentially invasive, in which a permit is required to carry out a restricted activity. Category 2 species include commercially important species such as pine, wattle and gum trees. 

It is prohibited within 32 m of the edge of a water course or wetland or the 1:100 year flood line.

Category 3: Invasive species which may remain in prescribed areas or provinces, such as privet and seringa trees in urban centres. Further planting, propagation or trade is prohibited and saplings must be controlled in gardens.

Category 2: Populus alba (white poplar / witpopulier)
Photo: Petro Lemmer

It is prohibited within 32 m of the edge of a water course or wetland or the 1:100 year flood line.

Property owners are therefore compelled by law to control and eradicate alien invasive species on their property.

Section 29 (3) of the regulations state that the seller of any immovable property must, prior to conclusion of sale, notify the purchaser of that property in writing of listed invasive species on that property.

Category 3: Duranta erecta (forget-me-not tree / vergeet-my-nie-boom)
Photo: Louise Kritzinger

Section 35 (2) states that a person who fails to comply with the provisions of the regulation is liable to a fine not exceeding 5 million Rand or imprisonment of a period not exceeding 10 years or both. 

Therefore property owners should start paying attention to alien and invasive plant species on their land and in so doing also prevent their property value decreasing. 

Visit www.invasives.org.za for more information on alien and invasive plant and animal species. 

This article was sponsored by Bronberg Conservancy.