New Alien and Invasive Species Regulations impact on property salesThe National Environmental Management: Biodiversity Act (No. 10 of 2004) (NEMBA) was promulgated in 2004. This act aims to provide the framework, norms, and standards for the conservation, sustainable use, and equitable benefit-sharing of South Africa's biological resources. © Steve Coe – southerncrossroads.info Recently promulgated regulations The Alien and Invasive Species Regulations for this Act were published on 1 August 2014 in the Government Gazette and came into effect on 1 October 2014. NEMBA together with the Regulations aim to prevent the introduction and spread of alien and invasive species across South Africa. Different categories of listed invasive speciesThe various alien invasive and prohibited species (both fauna and flora) have been listed in four different categorisations. There are a total of 559 alien species which are listed as invasive and 560 species listed which are prohibited from being introduced into South Africa. The four different categories are:
Failure to complyAny contravention of the provisions of the Act or Regulations, or failure to co-operate with the Department, may render a person liable for a fine and in some instances imprisonment. Impact of the Act and Regulations on immovable property salesRegulation 29(3) provides that as from 1 October 2014, any agreements of sale must contain a declaration by the purchaser that they have acquainted themselves with and accept the fauna and flora on the property. Further the seller should disclose any knowledge of the presence of any invasive species on the property and provide any permits that may exist. Sources: http://www.capetowninvasives.co.za/news/2014/02/nemba-invasive-alien-species-regulations-list-published-public-comment About the authorLouis Kruger is a candidate attorney at Schindlers Attorneys, Conveyancers & Notaries. |