Abstract

Alien invasive plants pose significant ecological, social and economic challenges for South Africa. These species threaten South Africa’s rich biodiversity, deplete our scarce water resources, reduce the agricultural potential of land, cause soil erosion and intensify flooding and fires. According to recent estimations, over eight percent of land in South Africa has been invaded by these species and at current rates of expansion their impact could double in the next fifteen years. 
 
 In an attempt to curb the impending crises, the South African government has promulgated eleven national and various provincial laws which contain mechanisms for regulating the different threats posed by alien invasive plants. Certain of these laws are framework in nature while the majority are sectoral and aimed at regulating these species for one of the following four main purposes: biodiversity conservation; water conservation; agricultural management; and fire risk management. The responsibility for administering these laws spans four national departments, nine provincial environmental authorities, provincial conservation authorities, numerous local and statutory authorities. This fragmented regime, coupled with the adoption of a command and control approach to regulation, has proven inept in effectively regulating the spread of alien invasive plants in South Africa. This reality led the previous Minister of Environmental Affairs and Tourism, Mr Valli Moosa, to call for the development of a “coherent legislative framework … streamlined along the lines of the principles endorsed by the Convention on Biological Diversity”.
 
 This article critically analyses the government’s attempts to develop such a “coherent legislative framework” to regulate alien invasive plants in light of recent legislative reform. It is divided into two parts. Part one critically considers South Africa’s current laws of relevance to alien invasive plants with specific emphasis on their fragmented approach to planning and implementation. Part two provides suggestions on how the current legislative framework can be rationalised to entrench a more integrated, and hopefully successful, approach to the future regulation of alien invasive plants in South Africa. 

Highlights

  • Alien invasive plants (AIPs) pose significant ecological, social and economic challenges for South Africa

  • Its membership comprises of the heads of national and provincial government departments involved with environmental management and its functions government departments to prepare environmental implementation plans (EMPs) and/or environmental management plans (EIPs) every four years

  • Given the detrimental impacts AIPs have on water resources and the broad definition afforded to “water use” and “pollution” under the National Water Act of 1998 (NWA), many activities relating to these species could be held to constitute an offence under the Act. 140 The National Water Resource Strategy (NWRS) was only published in September 2004 six years after the NWA came into force

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Summary

Introduction

Alien invasive plants (AIPs) pose significant ecological, social and economic challenges for South Africa. The campaign’s aims included: to secure control over invading alien plants along the Table Mountain chain; assist in the rehabilitation process; create employment opportunities, training and poverty relief undertaken in accordance with the norms of the Working for Water programme; promote social cohesion through collaborative community efforts and breaking down social barriers; assist in establishing and implementing a fire-management plan of operation; and to build capacity to react when fires do occur It is divided into the following four broad sectors which echo the four main purposes highlighted above, namely: biodiversity conservation; water conservation; agricultural management; and fire risk management legislation. This is, preceded by considering South Africa’s framework legislation of relevance to all four of these sectors

National Environmental Management Act
Environment Conservation Act
Local Government
Provincial and local land-use planning laws
Biodiversity conservation
National Environmental Management
Water conservation
Provincial legislation
Agricultural management
Conservation of Agricultural Resources Act
Sustainable Use of Agricultural Resources Draft Bill
Agricultural Pests Act
Plant Improvement Act
Fire risk management
National Veld and Forest Fire Act
Mountain Catchment Areas Act
Reconciling planning
Reconciling implementation
Reconciling Administration
Conclusion
Findings
All SA 655
Full Text
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