On 25 September 2020, the Minister of Forestry, Fisheries and the Environment, gazetted a new set of Alien and Invasive Species Regulations (New AIS Regulations). The New AIS Regulations will come into effect on 25 October 2020 and completely repeal the current Alien and Invasive Species Regulations (GNR 598 of 1 August 2014). The key changes introduced in terms of the New AIS Regulations, amongst other aspects, include a list of designated ports of entry for AIS specimen and the requirement to obtain a veterinary health certificate or phytosanitary certificate for alien specimen entering the Republic.

The New AIS Regulations must be read together with the new Alien and Invasive Species List (New AIS List) gazetted by the Minister on 18 September 2020. The New AIS List repeals and replaces the Alien and Invasive Species Lists gazetted under GNR 864 of 29 July 2016, with effect from 18 October 2020.

The New AIS List provides for the following:

Notice 1 -  sets out Restricted Activities relating to Categories 1a, 1b, 2 and 3 of Listed Invasive Species, which are either prohibited, exempted, or require a permit in terms of the Biodiversity Act;

Notice 2 - sets out categories of exempted alien species that are within the Republic which will be exempted from the provisions of section 65(1) of the Biodiversity Act, in terms of which a permit is required in order to carry out a restricted activity involving a specimen of alien species; and

Notice 3 - provides the National Lists of Invasive Species in terms of section 70(1) of the Biodiversity Act as follows:

• List 1: National List of Invasive Terrestrial and Fresh-water Plant Species;
• List 2: National List of Invasive Marine Plant Species;
• List 3: National List of Invasive Mammal Species;
• List 4: National List of Invasive Bird Species;
• List 5: National List of Invasive Reptile Species;
• List 6: National List of Invasive Amphibian Species;
• National List of Invasive Marine Fish Species;
• List 7: National List of Invasive Fresh-water Fish Species;
• List 8: National List of Invasive Terrestrial Invertebrate Species;
• List 9: National List of Invasive Fresh-water Invertebrate Species;
• List 10: National List of Invasive Marine Invertebrate Species; and
• List 11: National List of Invasive Microbial Species.

Written by Tendai Bonga & Lucia Selaelo, Webber Wentzel