Ki Kiro roni nia a Env nvir ironmental. onmental. Co Cont - - PowerPoint PPT Presentation

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Ki Kiro roni nia a Env nvir ironmental. onmental. Co Cont - - PowerPoint PPT Presentation

Pre rese sentation ntation pre repared red by Mor orn n Br Brit its s of of Ki Kiro roni nia a Env nvir ironmental. onmental. Co Cont ntact act inf nform ormatio ation: n: ema mail: l: inf nfo@ o@kiron kironia.c


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SLIDE 1

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Pre rese sentation ntation pre repared red by Mor

  • rné

né Br Brit its s of

  • f

Ki Kiro roni nia a Env nvir ironmental.

  • nmental.

Co Cont ntact act inf nform

  • rmatio

ation: n: ema mail: l: inf nfo@

  • @kiron

kironia.c ia.co.

  • .za

Tel: l: 0 074 24 4 245 6359 www.kir .kironia

  • nia.co

co.z .za https ps:// ://ww www.fa w.faceb ceboo

  • ok.

k.com/ com/kironia kironia

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SLIDE 2

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

NE NEW DEV W DEVEL ELOPMENTS OPMENTS IN IN AL ALIE IEN N IN INVA VASIVE SPE SIVE SPECI CIES ES CO CONT NTRO ROL L AN AND D LE LEGI GISLATI SLATION ON IN IN SO SOUTH UTH AF AFRI RICA CA

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SLIDE 3

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

What are alien invasive species?

Alien invasive species are species that have been introduced into an area and are able to out-compete and displace indigenous or useful alien species. They may be plants, animals or microbes and are widely regarded as the biggest threat to the productive use of land and water, to the ecological functioning of natural systems, to health and to the economy.

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SLIDE 4

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Relevant legislation

Conservation of Agricultural Resources Act (CARA) – Act 43, 1983; amended in 2001. National Environmental Management: Biodiversity Act (NEMBA) - NEMBA: Act no. 10 of 2004. Alien Invasive Species Regulations, 2014, effective from 1 October 2014.

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

CARA –

Conservation of Agricultural Resources Act  CARA – Act 43, 1983; amended in 2001. Lists 198 alien invasive PLANT NT species. Deals primarily with plants posing a threat to agricultural resources. Landowners are legally responsible for control of alien invasives on their property. Listing in 3 categories:

  • Category 1: Prohibited and must be controlled.
  • Category 2: Commercial plants requiring permits.
  • Category 3: Ornamental plants; may remain, but prevent spread

and stop propagation.  Administered by the National Department of Agriculture.  Prioritized implementation is by area.

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

NEMBA –

National Environmental Management: Biodiversity Act  NEMBA: Act no. 10 of 2004: Alien Invasive Species; alien invasive species regulations gazetted 1 August 2014, effective from 1 October 2014.  Lists 379 terrestrial plants, 4 marine plants.  Animal listings for the first time: 41 mammals, 24 birds, 35 reptiles, 7 amphibians, 15 freshwater fish, 23 terrestrial invertebrates, 8 freshwater invertebrates, 16 marine invertebrates and 7 microbial species.  Aimed at the conservation of biodiversity.  Listings in 4 categories.  Administered by the Department of Environmental Affairs.  Prioritized implementation according to restricted activity.

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

NEMBA categories

 Ca Category gory 1a: Species must be combatted or eradicated.  Ca Category gory 1b: Species must be controlled.  Ca Category gory 2: Commercially important species, requiring permits.*  Ca Category gory 3: Horticultural species; allowed, but propagation and trade prohibited.* *Plants in riparian areas revert to category 1b #Several species specific specifications are made in terms of permissible plant use and exceptions to the 4 categories.

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Duty of Care - landowners

NEMBA A (200 004): Ca Capter er 5, Part t 2, page 60, 0, 73 (2) A land owner must:  Notify the DEA, in writing, of listed invasive species on their land.  Take steps to control and eradicate such species and prevent its spread.  Take all steps to minimize harm to the biodiversity

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Wording of the NEMBA Act

Ch Chapt pter er 5, Part rt 2, section ion 73(2) “A person who is the owner ner of land on which a listed invasive species

  • ccurs must

t notify ify any releva vant nt compet mpetent ent autho hority rity in writ iting ing of the listed ed invasive vasive species cies occurrin curring g on that land.

  • d. “

Ch Chapt pter er 7, Section ion 29(3): “The seller of any immovable property must, prior to the conclusion of the relevant sale agreement, notify the purchaser of that property in writing of the presence of listed invasive species on that property.”

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Declaration of Alien Invasive Species Certificate

The NEMBA Regulations (1 August, 2014) state that the seller of any immovable property must, prior to the relevant sale agreement, notify the purchaser of the property in writing of the presence of listed invasive species on that property.  A copy of the certificate to be lodged at the municipal Registrar of deeds.  A copy of the certificate to be lodged with the Compliance Officer, Biosecurity Directorate, of the DEA.

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Why is the AIS certificate important

“A property that contains invasive species is a liability to the buyer. “

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SLIDE 12

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Alien Invasive Species as liabilities

 It is the responsibility of the land owner to control AIS occurring on their property (NEMBA BA (200 004): Ca Capter er 5, Part t 2, page e 60, 0, 73 (2)). )).  The control of AIS is costly and long term commitment. The cost of controlling heavy infestations of AIS can, in certain instances, equal

  • r exceed the selling price of a property.

 Property owners that fail to control AIS on their properties might be held liable should these species spread to adjacent properties.  AIS species could have additional risk associated with infestations, e.g. increased fire hazard and health implications.  It is the right of a purchaser of a property to be made aware of all existing liabilities. AIS could be seen in a similar light to infestations

  • f termites or wood borer in the structural timbers of a house.
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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Who can issue an AIS certificate?

Formal consultant certification and training as far as the NEMBA Alien Invasive Species Regulations is concerned is done by the South African Green Industries Council (SAGIC).

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Certification

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Estate e Agents ts Affairs irs Board: ard: Co Code de of Co Condu duct ct: Estate Agents’ Duty to Disclose Relevant Facts 4.1.1. “convey to a purchaser or lessee all facts concerning such property as are within his personal knowledge and which are or could be material to a prospective purchaser or lessee thereof.” Property sellers are legally obliged to complete a 'Declaration of Invasive Species' certificate. Estate Agents, as facilitators of the sale of property, need to inform property sellers of this obligation and property buyers

  • f the risk inherent in purchasing a property infested with declared

alien invasive species.

The responsibility of Estate Agents

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Responsibilities of the Organs of state/municipalities.

 All municipalities must, by law, develop an Invasive Species Management Plan (ISMP) within 3 years of the NEMBA law being promulgated (1 August 2014).  The municipalities must make the ISMP a part of their IDP’s.

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Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

The consequence of non-compliance

Chapter 9, Section 35: Non-compliance with provisions in the act carries the penalties of a fine (not exceeding R5 million) or imprisonment not exceeding 10 years (first offence).

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SLIDE 18

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

The intention of the IAS regulations

  • The intention of the IAS regulations is to obtain

co-operation from property owners.

  • The indications are that the DEA will assist with

the implementation of AIS control programs.

  • Only in cases where co-operation from property
  • wners is not forthcoming will fines and penalties

be considered.

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SLIDE 19

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

Who you gonna call? Environmental Crimes Hotline

(managed by Deloitte)

0800 205 005

The procedure is as follows: 1) Phone the HOTLINE 2) Report the problem 3) Ask for a Reference Number 4) Follow-up in about 6-8 weeks to find out what has been done

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SLIDE 20

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

LACE/Green Scorpions

 LACE: Legal Authorizations and Compliance Inspectorate (Green Scorpions).  LACE is the DEA Department responsible for compliance enforcement.  LACE issues directives in terms of AIS legislation.  Anyone can request a directive from the DEA (Chapter 5, Part 2, Section 74 of NEMBA).

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SLIDE 21

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

How directives work

 Stipulated under Chapter 5, Part 2, Section 73 (3),(4) of NEMBA.  Directives are issued to landowners to rectify problems as far as management of AIS is concerned.  If directives are not implemented, DEA can implement the directives and recover the costs from the land owner.

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SLIDE 22

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

More information and resources

 http://www.invasives.org.za/  https://www.facebook.com/invasivespeciessouthafrica?fref=ts  http://www.capetowninvasives.org.za/  https://www.facebook.com/ctinvasives/info?tab=overview

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SLIDE 23

Kironia Environmental Kironia Habitat Gardens

“Science Supporting Environmental Sustainability”

For more information and quotes for NEMBA alien invasive species certificates, contact Morné Brits

Co Conta tact ct infor

  • rmat

matio ion: n: email il: : info@kiro

  • @kironi

nia.co. a.co.za za Tel: 07 074 245 6359 www.ki .kiro roni nia.co. a.co.za za https: ps://www.f //www.facebo acebook.com/ki

  • k.com/kironia

ronia