APPENDIX 2. Draft Alien and Invasive Species Regulations: summary of key points relating to conservation and wildlife ranching


(1) A person who is the owner of land where a specimen of a prohibited alien species or a listed invasive species occurs, and does not have a permit, must notify the relevant competent authority in writing (Regulation 18[1]). ***is the meaning of this sentence still correct?

(2) Restricted activities: allowing any specimen of an alien or listed invasive species to grow, breed, or multiply; allowing the movement or spread of a specimen of an alien of listed invasive species; and releasing a specimen of an alien or listed invasive species (Regulation 22).

(3) A person may not import into the Republic of South Africa a specimen of any species, including an exempted species, unless authorized to do so by a permit (Regulation 24[1]).

(4) A person may not release a specimen of a new alien species imported into the Republic of South Africa unless authorized to do so by a permit (24[2]).

(5) A person may undertake any restricted activity involving a specimen of an exempted species without a permit, except import into the Republic of South Africa (Regulation 25[1/2]).

(6) A person may not import nor undertake any other restricted activity involving a specimen of a prohibited alien species (Regulation 26).

(7) A person may not undertake the following restricted activities involving a specimen of a species listed in List 3 as an invasive requiring compulsory control: import, possess, allow to grow, breed, translocate, trade/dispose, buy/acquire (Regulation 27[1]).

(8) No person may undertake the following restricted activities involving a specimen listed in List 3 as an invasive species controlled by the invasive species management program: import, breed, translocate, allow spread, sell/dispose, buy/acquire (Regulation 28).

(9) No person may undertake the following restricted activities involving a specimen of a species listed in List 3 as an invasive species controlled by area without a demarcation permit: import, possess, allow to grow/breed/multiply, translocate, sell/dispose, buy/acquire (Regulation 29[1]). However, a person may carry out a restricted activity without a permit in the part of the Republic of South Africa indicated as the distribution range of the species or an area demarcated for that purpose (a person must apply for demarcation) (29[3/30][1/2]).

(10) No person may undertake the following activities involving specimen of a species listed in List 3 as a species controlled by activity without a permit: import, possess, allow to grow/breed/multiply, transloctate, sell/dispose, buy/acquire (31[1]).

(11) A person disposing of immovable property is obliged to disclose to the person acquiring the property whether there are any prohibited alien or prohibited invasive species or any invasive species controlled by the invasive species management program on the property (34[1]).

(12) A risk assessment must be undertaken before: carrying out an activity prescribed in terms of Regulation 23, importing a specimen of any species described in Regulation 24 into the Republic of South Africa, demarcating an area in terms of Regulation 30, and issuing a permit to undertake any other restricted activity involving a listed invasive species (Regulation 35).

(13) A risk assessment must be conducted at the cost of the applicant (Regulation 40).

(14) Upon receipt of an application for a permit, the issuing authority must take into consideration the national strategy, and the contents of the risk assessment report (44[2]).

(15) An issuing authority must refuse an application if there is a risk that the restricted activity could result in a significant impact on biological diversity (44[4]).

(16) A competent authority must keep a record of all directives issued along with further information (Regulation 71[a/b]) and, at the end of each calendar year, submit a written report of all directives and further information recorded to SANBI (71[c]).

(17) The Department of Environmental Affairs and Tourism must prepare a national strategy for preventing, eradicating, or controlling alien and listed invasive species (7[1]).

(18) The Department of Environmental Affairs and Tourism must develop an invasive species management program for each species identified (8[1]). A competent authority may require a landowner to prepare a plan for the monitoring, control, and eradication of invasive species occurring on their land (9[3]).

(19) The Institute (SANBI) must develop and publish guidelines for the preparation of an invasive species control plan on its website (9[1]).

(20) The Institute (SANBI) must establish and maintain a national register of alien and listed invasive species and control plans (Regulation 10) and submit a report on their status to the Minister (Regulation 12).