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Declared weeds and invader plants in South Africa
Note: This section of Biodiversity Explorer on weeds and invaders is out-of-date, as the information has been superceded by more recent legislation and lists that fall under the National Environmental Management: Biodiversity (NEMBA) Act. These documents can be downloaded here.
In total there are 200 species of plants that are declared
weeds or invaders in South Africa. These include
121 woody species,
16 succulent species, 44 herbaceous species,
9 grasses and reeds, and
10 aquatic species. They are divided up into
three categories: Category 1 species are declared weeds and totally prohibited,
Category 2 plants are invasive species for which permission can be gained to
grow them commercially in demarcated areas but otherwise they must be removed,
and Category 3 invasive plants can be maintained on your land if they are plants
that were already growing at the time these regulations were promulgated (March
2001). All other Category 3 plants must be removed (a good example of this is
the Jacaranda).
Irrespective of the category, all declared plants growing within 30 m of the
1:50 flood line of a river or waterbody must be removed. Exceptions to these
regulations can be gained through obtaining special, written permission.
The Conservation of Agricultural Resources
Act, No. 43 of 1983, as amended in March 2001, sets out the regulations
regarding the control of weeds and invasive plants and provides a list of
declared plants, in which they are divided into three categories. There is an
exception in the regulations regarding biological control reserves. These are
areas where permission is granted for declared plants not to be controlled
because they are used for introducing and monitoring biological control agents
(e.g. insects).
Category 1 declared plants (Section 15A
of the amended act):
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may not occur on any land or inland water surface other than
in biological control reserves.
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must be controlled by the land user on whose land or inland
water such plants are growing.
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may not be planted or propagated.
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may not be imported or sold; and
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may not be acquired.
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can be exempted from the above regulations
through written exemption from "the
executive officer", provided there is a good reason for it.
Category 2 declared plants (Section 15B
of the amended act):
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may not occur on any land or inland water surface other than
a demarcated area or a biological control reserve. However, the "executive officer" may on application in writing
demarcate an area where category 2 plants may occur, be
established and be maintained. Demarcated areas include areas where a water use license for
stream flow reduction activities has been issued. Otherwise, a demarcated areas will be established only if:
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the Category 2 plants are cultivated under controlled
circumstances;
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the land user has been authorised to use water in terms
of the National Water Act No. 36 of 1998
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the Category 2 plants are demonstrated to serve a
commercial purpose
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all reasonable steps are taken to curtail
the spreading of propagating material of the category 2 plants outside
the demarcated areas.
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no-one sells propagating material of
category 2 plants or any category 2 plants to another person unless such
other person is a land user of a demarcated area or of a biological
control reserve.
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the land user is prepared to comply with
further conditions as set down by the "executive officer".
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the land user does not allow Category 2
plants to grow within 30 metres of the 1:50 year flood line of a river,
stream, or anyother sort of water body, unless authorised to do so in
terms of the National Water Act, No. 36 of 1998
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must be controlled by the land user if in areas that are not
demarcated areas or biological control reserves.
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may not be accquired unless such acquired material is for
propagation in a demarcated area or biological control reserve.
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may only be imported or sold in accordance with the
provisions of the Plant Improvement Act, No. 53 of 1976, the Agricultural
Pests Act, No. 36 of 1983 and the environment conservation regulations.
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can be exempted from the above regulations through written exemption from "the
executive officer", provided there is a good reason for it.
Category 3 declared plants (Section 15C
of the amended act):
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shall not occur on any land or inland water
surface other than in a biological control reserve. However, plants already
in existence at the time of commencement of these regulations (March 2001)
may continue to exist, provided they are not within 30 metres of the 1:50
year flood line of a river, stream, lake or other type of inland water body.
In addition, the "executive officer" can impose further conditions on
Category 3 plants already in existence at the time these regulations were
imposed, which might include removing them if the situation demands it.
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must be controlled by the land user to
curtail the spread of these plants.
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may not be planted, established, maintained,
multiplied or propagated.
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may not be imported or sold.
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may not be acquired.
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can be exempted from the above regulations
through written exemption from "the executive officer", provided there is a
good reason for it.
Declared weeds and invaders
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