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APPENDIX


SOUTH AFRICA, CONSERVATION OF AGRICULTURAL RESOURCES ACT, 1983, REGULATION 15

Republic of South Africa

National Department of Agriculture

(Act 43 of 1983)

Government Gazette, No. 429 of March 2001

Combating of category 1 plants

(1) Category 1 plants may not occur on any land or inland water surface other than in biological control reserves.

(2) A land user shall control any category 1 plants that occur on any land or inland water surface in contravention of the provisions of sub-regulation (1) by means of the methods prescribed in regulation 15E.

(3) No person shall, except in or for purposes of a biological control reserve:

(a) establish, plant, maintain, multiply or propagate category 1 plants;

(b) import or sell propagating material of category 1 plants or any category 1 plants;

(c) acquire propagating material of category 1 plants or any category 1 plants.

(3) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with the requirements of sub-regulation (1) on such conditions as the executive officer may determine in each case.

Combating of category 2 plants

(1) Category 2 plants may not occur on any land or inland water surface other than a demarcated area or a biological control reserve.

(a) The executive officer may on application in writing demarcate an area as an area where category 2 plants may occur, be established and be maintained.

(b) An area in respect of which a water use licence for stream flow reduction activities has been issued in terms of section 36 of the National Water Act, 1998 (Act No. 36 of 1998) shall be deemed to be a demarcated area.

(3) The executive officer shall demarcate an area for the occurrence, establishment and maintenance of category 2 plants only if:

(a) the category 2 plants in the area are cultivated under controlled circumstances; and

(b) the land user concerned has been authorized to use water in terms of the National Water Act, 1998 (Act No. 36 of 1998); and

(c) the category 2 plants or products of category 2 plants in the area are demonstrated to primarily serve a commercial purpose, use as a woodlot, shelter belt, building material, animal fodder, soil stabilization, medicinal or other beneficial function that the executive officer may approve; and

(d) all reasonable steps are taken to curtail the spreading of propagating material of the category 2 plants outside the demarcated areas.

(3) When an area is demarcated for the occurrence, establishment and maintenance of category 2 plants the executive officer may impose such additional conditions as may reasonably be deemed necessary to keep the category 2 plants in the area in check.

(4) No person shall sell 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.

(5) No person shall acquire propagating material of category 2 plants or any category 2 plants unless such material or such plants are intended for use in a demarcated area or in a biological control reserve.

(6) Propagating material of category 2 plants or category 2 plants shall only be imported or sold in accordance with the provisions of the Plant Improvement Act, 1976 (Act No. 53 of 1976), the Agricultural Pests Act, 1983 (Act No. 36 of 1983) and the environment conservation regulations.

(7) A land user shall control any category 2 plants that occur on any land or inland water surface in contravention of the provisions of sub-regulation (1) by means of the methods prescribed in regulation 15E.

(8) Unless authorized thereto in terms of the National Water Act, 1998 (Act No. 36 of 1998), no land user shall allow category 2 plants to occur within 30 metres of the 1:50 year flood line of a river, stream, spring, natural channel in which water flows regularly or intermittently, lake, dam or wetland.

(9) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with one or more of the requirements of sub-regulations (1), (3), (5), (6), (8) and (9) on such conditions as the executive officer may determine in each case.

Combating of category 3 plants

(1) Category 3 plants shall not occur on any land or inland water surface other than in a biological control reserve.

(2) Subject to the provisions of sub-regulation (3), the provisions of sub-regulation (1) shall not apply in respect of category 3 plants already in existence at the time of the commencement of these regulations.

(3)

(a) No land user shall allow category 3 plants to occur within 30 meters of the 1:50 year flood line of a river, stream, spring, natural channel in which water flows regularly or intermittently, lake, dam or wetland.

(b) The executive officer may impose such additional conditions as may reasonably be deemed necessary with regard to category 3 plants already in existence at the time of the commencement of these regulations.

(c) A land user must take all reasonable steps to curtail the spreading of propagating material of category 3 plants.

(d) The executive officer may, after consultation with the land user, issue a direction in terms of section 7 of the Act that category 3 plants in existence at the time of the commencement of these regulations must be controlled by means of the measures prescribed in regulation 15F.

(4) No person shall, except in or for purposes of a biological control reserve:

(a) plant, establish, maintain, multiply or propagate category 3 plants;

(b) import or sell propagating material of category 3 plants or any category 3 plants;

(c) acquire propagating material of category 3 plants or any category 3 plants.

(5) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with one or more of the requirements of sub-regulations (1), (3) and (4) on such conditions as the executive officer may determine in each case.


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