NEMBA National Environmental Management: Biodiversity Act No. 10 of 2004

Invasive Alien Plants (IAPs) are widely considered as a major threat to biodiversity, human livehoods and economic development. IAPs cost South Africans tens of billions of rand annually in lost agricultural productivity and resources spent on management.

Click here to see the NEMBA National Environmental Management: Biodiversity Act No. 10 of 2004

Regulations in regard property owners

Category 1a:

Invasive species requiring compulsory control. Remove and destroy. Any specimens of Category 1a listed species need, by law, to be eradicated from the environment. No permits will be issued to keep these species.

Tickseed Coreopsis lanceolata NEMBA Category 1a prohibited alien invasive plant

Category 1b:
Invasive species requiring compulsory control as part of an invasive species control programme. Remove and destroy. These plants are deemed to have such a high invasive potential that infestations can qualify to be placed under a government sponsored invasive species management programme. No permits will be issued to keep these species.

Climbing cassia Senna pendula NEMBA Cat 1b alien invasive plant

Category 2:
Invasive species regulated by area. A demarcation permit is required to import, possess, grow, breed, move, sell, buy or accept as a gift any plants listed as Category 2 plants. No permits will be issued for Cat 2 plants to exist in riparian zones.

Category 3:
Invasive species regulated by activity. An individual plant permit is required to undertake any of the following restricted activities (import, possess, grow, breed, move, sell, buy or accept as a gift) involving a Category 3 species. No permits will be issued for Cat 3 plants to exist in riparian zones.

Guava Psidium guajava flower NEMBA Category 3 alien invasive plant

Regulations in regard the selling of property

According to Section 29 of the regulations, if a land owner sells a property where a specimen of a listed invasive species is present, the seller needs to disclose the presence of these plants to the purchaser prior to conclusion of the sales agreement.

Non-compliance can result in a criminal offence

NEMBA legislates for the management of alien species including extra-limital indigenous species by prohibiting a wide range of restricted activities, unless the species is exempted by the Minister or the activity is authorized by a permit. The penalties for noncompliance are severe and could result in a fine of up to R 10 million or up to ten years’ imprisonment or both.

Below is a list of and links to the most commonly encountered NEMBA Clasified invasive plant species found in the greater Durban area