The executive officer designated as such in terms of section 4 of the Conservation of Agricultural Resources Act, 1983(Act 43 of 1983) hereby makes known that he intends to request the Minister of Agriculture to make the regulations set out in the Schedule hereto.

The realities of the detrimental influence of undesirable or problem plants on the natural resources of South Africa are well known and are documented in popular, technical and scientific publications. The mandate to combat these plants rests with the Act on the Conservation of Agricultural Resources, 1983 (Act 43 of 1983) where they are defined as weeds and invaders plants. It became increasingly important to revise the regulations governing the combating of these plants because their threat is not diminishing and they are spreading at an alarming rate.

The unfortunate universal situation is that in many countries including South Africa, plants of alien origin tend to spread and invade ecosystems and become problem plants in areas away from their natural habitats.

Potentially harmful alien plants can be categorized into weeds and invader plants.

Weeds are regarded as alien plants with no known useful economic purpose. They are a menace, should be eradicated and trading cannot be allowed.

Invader plants are also of alien origin and, except for their aggressive nature to invade into niches in a wide range of ecosystems, they may serve useful purposes as ornamentals, as sources of timber and may provide many other benefits. They should be managed and be prevented to spread into areas where they usurp water or invade the natural vegetation. Trading could be allowed, but only conditionally.

Biological control of weeds and invader plants will become an increasingly important method of control. This is however a long-term strategy. Conventional methods of control and combating remain important.

The draft regulations presented here are the result of deliberations and consultations with specialists in different disciplines. The public is invited to submit reasons why the draft regulations should not be promulgated; to offer suggestions for improvement; to voice opinions on the control of weeds and invader plants and to suggest changes to the proposed list of declared plants as well as the formulation of the regulations. Note that two alternative proposals are presented for the combating of alien invader plants.

Interested parties are requested to submit comments on the proposed Regulations within sixty (60) days from the date of publication hereof to:

National Department of Agriculture
Directorate: Agricultural Land and Resources Management
Private Bag X 120
Pretoria, 0001

Enquiries: Hélette Prinsloo
Tel: (012) 319 7559 / 082 360 8087
Fax: (012) 329 5938
E-mail: HeletteP@nda.agric.za

15.D(1) If plants specified in column 1 of Table 3 of the Annexure occur contrary to the provisions of regulation 15.B and 15.C, the land user shall control those plants effectively by means of any of the following control methods:

1. The plants concerned shall be treated with a herbicide that is registered for use in connection therewith in accordance with the directions for the use of such a herbicide.
2. The plants concerned may be combated and the spreading of the plants may be curtailed by biological control methods in addition to other control methods provided:

1. The release of the biological control agents is done in accordance with the stipulations of the Agricultural Pests Act, 1983 (Act No. 36 of 1983), and the Environment Conservation Act, 1989 (Act No. 73 of 1989).
2. Areas and locations where the biological control agents have been established are not disturbed by other control methods to the extent that the agents are destroyed and become ineffective.
3. The land user obtains written consent from the executive officer to reserve specific areas in which the biological control agents can multiply and from where they can disperse into adjoining infestations of weeds or invader plants.
4. The demarcation of such reserves shall be done in consultation with the institution responsible for the release of the biological control agents.

1. Any other recognized method of treatment that has as its object the destruction of the plants concerned may be applied with regard thereto subject to the provisions of subregulation (4).

2. The methods referred to in subregulation (1) shall also be applied with regard to the seed, seedlings and the regrowth of the plants concerned in order to prevent them from forming seed or re-establishing in any way
3. The performance of any acts of control is not in itself proof that the objects of the control methods have been achieved and repetitive follow-up operations are mandatory to achieve an effective level of control in the case of category 2 and category 3 plants; or eradication in the case of category 1 plants.

4. Any action taken to control weeds and invaders shall be executed with caution and in a manner that will limit detrimental impacts on the environment to a minimum; and the provisions of regulations 2 to 14 must be considered and adhered to.

16.A(1)Indigenous plants specified in column 1 of Table 4 of the Annexure are hereby declared indicator plants indicating bush encroachment in the corresponding areas specified in column 2 of the said table .

1. The plants concerned shall be treated with a herbicide that is registered in connection therewith, in accordance with the directions for the use of such a herbicide.
2. The application of control measures regarding the utilization and protection of veld in terms of regulation 9.
3. Livestock reduction or removal of animals in terms of the control measures of regulations 10 and 11.
4. Any research-based method or strategy that may be applicable and is specified by the executive officer by means of a direction"

The following tables are hereby inserted in the Annexure of the Regulations after Table 2:

Table 3

Table 4

15.X(1) Category 2 plants may occur or may be established on any area demarcated for that purpose provided that:

1. Plantings are confined to such demarcated areas.
2. Controlled conditions of cultivation and care prevail in the demarcated areas.
3. Plants or products derived from the plants primarily serve beneficial purposes including uses for own consumption, building material, animal fodder, windbreaks and fuel.
4. Precautionary measures are implemented to reduce the spreading of seed or any other propagating material to land outside the demarcated areas

2. If category 2 plants occur in any area outside the areas referred to in subregulation (1) such plants shall be dealt with in terms of subregulation 15.B(1).
3. The seed or any other propagating material of category 2 plants may be imported and may be used in trading subject to 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 regulations in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989) published by Government Notice No. R.1182 of 5 September 1997.

6. The executive officer may in consultation with the land user, define and declare specific areas where the control and, if necessary, the eradication of category 2 plants within demarcated areas are mandatory to protect the natural resources in the vicinity against invasion.
7. Subject to the provisions of subregulation (8) no land user shall:

1. Regard an area occurring on a land unit as a demarcated area if it does not conform to the definition of a demarcated area.
2. Cultivate plants specified by "Controlled cultivation" in column 4 of Table 3.
3. Allow plant species specified by "See subreg. 15.C(7)(c)" in column 4 of Table 3 to occur within and closer than 30 meters from the outside boundaries of the flood areas of perennial watercourses and wetlands.

1. They are eradicated where they are a threat to the natural resources or where they invade the natural vegetation.
2. The seed or any other propagating material of category 3 plants are not imported and used in trading of any kind by any person.

The following tables are hereby inserted in the Annexure of the Regulations after Table 2: