Conservation of agricultural resources act, 1983 (act 43 of 1983) regulations



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EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p


GN R. 1048

GG9238


25 May 1984

CONSERVATION OF AGRICULTURAL RESOURCES ACT, 1983 (ACT 43 OF 1983) REGULATIONS

[Amended by GN R 2687 of 1985-12-06 and GN R 280 of 2001-03-30.]



The Deputy Minister of Agriculture, acting on behalf of the Minister of Agriculture, has under section 29 of the Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983), made the regulations in the Schedule.
SCHEDULE
Definitions
1. Any word or expression in these regulations to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates -
biological control means the use of natural enemies of category 1, 2 and 3 plants to control such plants;
biological control agent means a natural enemy of category 1, 2 or 3 plants that is used to control such plants;
biological control expert means an academic or research institute or an academic or research organisation established by legislation which, or a person associated with or in the employment of such an institute or organisation who, practises and researches biological control of category 1, 2 and 3 plants;
biological control reserve means an area designated by the executive officer in terms of regulation 15D of the regulations for the breeding of biological control agents;
bush encroachment means stands of plants of the kinds specified in column 1 of Table 4 where individual plants are closer to each other than three times the mean crown diameter;
category 1 plants means plants of the kinds specified as category 1 in column 3 of Table 3 opposite the names of the respective kinds of plants;
category 2 plants means plants of the kinds specified as category 2 in column 3 of Table 3 opposite the names of the respective kinds of plants,
category 3 plants means plants of the kinds specified as category 3 in column 3 of Table 3 opposite the names of the respective kinds of plants;
control means to combat category 1, 2 and 3 plants by means of the methods prescribed in regulation 15E to the extent necessary to prevent or to contain the occurrence, establishment, growth, multiplication, propagation, regeneration and spreading of such plants;
demarcated area means an area of land approved by the executive officer in terms of regulation 15B of the regulations for the occurrence, establishment and maintenance of category 2 plants;
environment conservation regulations means regulations in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), as published by Government Notice No. R. 1182 of 5 September 1997, as amended from time to time, or similar regulations promulgated under legislation administered by the Department of Environmental Affairs and Tourism;
excessive soil loss means the loss of soil through erosion that in the opinion of the executive officer exceeds the norm which he deems tolerable in a given situation with due regard to the relevant natural factors and farming practices;
extension office means an office of the department established with a view to the rendering of agricultural extension services;
farm unit means one or more pieces of land, each of which is registered separately in a deeds office, and which is farmed as a single unit;
flood area in relation to a water course, means the area which in the opinion of the executive officer is flooded by the flood water of that water course during a 1-in-10 years flood;
propagating material means any material of a plant that can be used for the propagation of that plant;
run-off water means excess surface water resulting from rain;
secretary in relation to a conservation committee, means a person appointed in terms of section 15 (10) of the Act to act as secretary for that conservation committee;
sell includes agree to sell, or offer, advertise, keep, exhibit, send, consign, convey or deliver for sale, or exchange for anything or dispose of or deliver to any other person in any manner, whether for a consideration or otherwise; and sold and sale have corresponding meanings;
slope in relation to a specified portion of land on a farm unit, means the vertical difference in height between the highest and the lowest points of that portion of land, expressed as a percentage of the horizontal distance between those two points;
the Act means the Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983);
veld means land which is not being or has not been cultivated and on which indigenous vegetation, or other vegetation which in the opinion of the executive officer is or can be utilised as grazing for animals, occurs;
waterway means an artificial flow path constructed on land in order to carry away run-off water without causing excessive soil loss; and
wetland means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.
PART I

CONTROL MEASURES
Cultivation of virgin soil
2.(1) Except on authority of a written permission by the executive officer, no land user shall cultivate any virgin soil: Provided that such authority shall not be required in respect of virgin land for which an approval has been granted in terms of section 4A of the Forest Act, 1972 (Act 68 of 1972).
(2) An application for a permission referred to in subregulation (1) shall be made on a form obtainable from an extension office for this purpose.
(3) Such application form shall be completed by the land user of the farm unit on which such virgin soil is situated and shall be lodged at the extension office for the area within which the farm unit concerned is situated at least three months prior to the intended date of cultivation.
(4) An officer may, for the purposes of an investigation deemed necessary to consider such application, direct a land user to dig such soil profile pits as such officer may determine and to take such other steps as that officer may determine.
Cultivation of land with a slope
3.(1) Except on authority of a written permission by the executive officer, no land user shall cultivate any land if it -
(a) has a slope of more than 20 per cent; or
(b) has a slope of more than 12 per cent, is situated in an area specified in column 1 of Table 1, consists mainly of soil of a soil form and soil series respectively specified in columns 2 and 3 of the said Table opposite the area concerned and, if applicable, has such physical properties as may be specified in column 4 of the said Table opposite the soil series concerned.
(2) The prohibition contained in subregulation (1) (a) shall not apply in respect of land which is under cultivation on the date of commencement of these regulations, provided it is already protected effectively in terms of regulation 4 against excessive soil loss due to erosion through the action of water.
(3) The provisions of regulations 2 (2), (3) and (4) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (1).
Protection of cultivated land against erosion through the action of water
4.(1) Every land user shall by means of as many of the following measures as are necessary in his situation, protect the cultivated land on his farm unit effectively against excessive soil loss as a result of erosion through the action of water:
(a) A suitable soil conservation work shall be constructed and thereafter be maintained in order to divert run-off water from other land or to restrict the run-off speed of run-off water.
(b) The land concerned shall be cultivated in accordance with such method or be laid out in such a manner that the run-off speed of run-off water is restricted.
(c) The land concerned shall be utilised in accordance with a crop rotation system.
(d) Alternate strips on which a cover crop occurs shall be left undisturbed annually.
(e) Crop residues and other plant material shall be left on the land concerned, or shall be utilised as grazing or otherwise be removed only to such an extent that the remaining portion thereof will be sufficient to form a mulch.
(f) A suitable grazing crop shall be established on the land concerned, whereafter it shall be permanently withdrawn from cultivation.
(2) If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to protect cultivated land effectively against excessive soil loss as a result of erosion through the action of water, he may direct such land user in writing to apply such additional measures as the executive officer may determine.
Protection of cultivated land against erosion through the action of wind
5.(1) Every land user shall by means of as many of the following measures as are necessary in his situation, protect the cultivated land on his farm unit effectively against excessive soil loss as a result of erosion through the action of wind:
(a) The land concerned shall be cultivated in accordance with such method or be laid out in such manner that the surface movement of soil particles through the action of wind is restricted.
(b) Strips of natural vegetation shall be left at right angels to the prevailing wind direction, a suitable wind break shall be constructed or suitable vegetation shall be established to serve as a wind break.
(c) The land concerned shall be utilised in accordance with a crop rotation system.
(d) Alternate strips on which a cover crop occurs shall be left undisturbed annually.
(e) The land concerned shall not be left fallow.
(f) The cultivation and grazing of the land concerned during periods of high winds shall be avoided.
(g) The establishing of crops of which the harvesting causes the disturbance of the topsoil shall be avoided.
(h) Crop residues and other plant material shall be left on the land concerned, or shall be utilised as grazing or otherwise be removed only to such extent that the remaining portions thereof will be sufficient to form a mulch.
(i) A suitable grazing crop shall be established on the land concerned, whereafter it shall be permanently withdrawn from cultivation.
(j) A suitable soil conservation work shall be constructed and thereafter be maintained in order to restrict the surface movement of soil particles through the action of wind.
(2) If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to protect cultivated land effectively against soil loss as a result of erosion through the action of wind, he may direct such land user in writing to apply such additional measures as the executive officer may determine.
Prevention of waterlogging and salination of irrigated land
6.(1) Every land user shall by means of as many of the following measures as are necessary in his situation, protect the irrigated land on his farm unit effectively against waterlogging and salination:
(a) Feeder channels, irrigation furrows and storage and catchment dams for irrigation water shall be made impermeable.
(b) The land concerned shall not be irrigated excessively or with water with too high a salt content.
(c) A suitable soil conservation work shall be constructed and thereafter be maintained in order to draw off excess surface and subterranean water and to dispose thereof safely to prevent the waterlogging and salination of lower lying land.
(d) Fertilizer which could contribute towards salination shall not be applied.
(e) If the land concerned shows signs of salination, a suitable soil ameliorant shall be applied in order to improve the production potential of that land.
(2) If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to protect irrigated land effectively against waterlogging or salination, he may direct such land user in writing to apply such addition measures as the executive officer may determine.
Utilisation and protection of vlei, marshes, water sponges and water courses
7.(1) Subject to the provisions of the Water Act, 1956 (Act 54 of 1956), and subregulation (2) of this regulation, no land user shall utilise the vegetation in a vlei, marsh or water sponge or within the flood area of a water course or within 10 metres horizontally outside flood area in a manner that causes or may cause the deterioration of or damage to the natural agricultural resources.
(2) Every land user shall remove the vegetation in a water course on his farm unit to such an extent that it will not constitute an obstruction during a flood that could cause excessive soil loss as a result of erosion through the action of water.
(3) Except on authority of a written permission by the executive officer, no land user shall-
(a) drain or cultivate any vlei, marsh or water sponge or a portion thereof on his farm unit; or
(b) cultivate any land on his farm unit within the flood area of a water course or within 10 metres horizontally outside the flood area of a water course.
(4) The prohibition contained in subregulation (3) shall not apply in respect of-
(a) a vlei, marsh or water sponge or a portion thereof that has already been drained or is under cultivation on the date of commencement of these regulations provided it is not done at the expense of the conservation of the natural agricultural resources; and
(b) Land within the flood area of a water course or within 10 metres horizontally outside the flood area of a water course that is under cultivation on the date of commencement of these regulations, provided it is already protected effectively in terms of regulation 4 against excessive soil loss due to erosion through the action of water.
(5) The provisions of regulation 2 (2), (3) and (4) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (3).
Regulating of the flow pattern of run-off water
8.(1) Subject to the provisions of the Water Act, 1956 (Act 54 of 1956), no land user shall in any manner whatsoever divert any run-off water from a water course on his farm unit to any other water course, except on authority of a written permission by the executive officer.
(2) The provisions of subregulation (1) shall not apply in respect of run-off water that is diverted from one water course to another in terms of the provisions of a water run-off control plan approved by the department.
(3) The provisions of regulation 2 (2) and (3) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (1).
(4) No land user shall effect an obstruction that will disturb the natural flow pattern of run-off water on his farm unit or permit the creation of such obstruction unless the provision for the collection, passing through and flowing away of run-off water through, around or along that obstruction is sufficient to ensure that it will not be a cause for excessive soil loss due to erosion through the action of water or the deterioration of the natural agricultural resources.
(5) No land user shall remove or alter an obstruction in the natural flow pattern of run-off water on his farm unit if such removal or alternation will result in excessive soil loss due to erosion through the action of water or the deterioration of the natural agricultural resources.
Utilisation and protection of veld
9.(1) Every land user shall by means of as many of the following measures as are necessary in his situation, protect the veld on his farm unit effectively against deterioration and destruction:
(a) The veld concerned shall be utilised in alternating grazing and rest periods with due regard to the physiological requirements of the vegetation thereon.
(b) Animals of different kinds shall be kept on the veld concerned.
(c) The number of animals kept on the veld concerned shall be restricted to not more than the number of large stock units that may be kept thereon in terms of regulation 11.
(d) A suitable soil conservation work shall be constructed and thereafter be maintained in order to-
(i) utilise the veld concerned in alternating grazing and rest periods;

(ii) protect the veld concerned against excessive soil loss as a result of erosion through the action of water or wind; or

(iii) collect sediment from run-off water.
(e) If the veld concerned shows signs of deterioration-
(i) the number of animals kept thereon shall be suitably reduced.

(ii) the portions showing signs of deterioration shall be withdrawn from grazing until they have recovered sufficiently; or

(iii) a suitable grazing crop shall be established thereon in addition to the existing vegetation.
(f) In the case of veld that is subject to erosion through the action of wind-
(i) a suitable wind break shall be constructed or suitable vegetation shall be established to serve as a wind break; or

(ii) the denuded portions shall be covered with branches, hay, straw, crop residues or any other suitable material.


(2) If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to protect veld effectively against deterioration or destruction, he may direct such land user in writing to apply such additional measures as the executive officer may determine.
Grazing capacity of veld
10.(1) The grazing capacity of veld, expressed as a specified number of hectares per large stock unit, shall be as indicated on a topocadastral map that is kept at the office of the executive officer for this purpose.
(2) Copies of such a topocadastral map or of the relevant portions thereof shall be available for inspection at-
(a) the office of the executive officer;
(b) each extension office;
(c) the office of each regional director; and
(d) such other office as the executive officer may determine.
(3) Notwithstanding the provisions of subregulation (1), the executive officer may, if he is satisfied that the actual grazing capacity of the veld of a farm unit differs appreciably from that specified on the topocadastral map referred to in subregulation (1), determine another grazing capacity that shall apply in respect of the veld of that farm unit.
(4) When a determination is made in terms of subregulation (3) the land user concerned shall be notified thereof in the manner referred to in regulation 17.
Number of animals that may be kept on veld
11.(1) Every land user shall restrict the number of animals, expressed as large stock units, kept on the veld of his farm unit to not more than the number that is obtained by dividing the area of the veld of the farm unit concerned, expressed in hectares, by the applicable grazing capacity referred to in regulation 10, in respect of that farm unit: Provided that such number may on occasion be exceeded on condition that the veld shall under all circumstances effectively be protected against deterioration and destruction.
(2) For the purposes of subregulation (1) one animal of a kind specified in column 1 of Table 2, which is of the sex and in the phase of production specified in column 2 of the said Table opposite thereto, shall be deemed to be equal to the number of large stock units specified in column 3 of the said Table opposite thereto.
Prevention and control of veld fires
12.(1) Except on authority of a written permission by the executive officer, no land user shall-
(a) burn any veld on his farm unit; and
(b) utilise as grazing any veld on his farm unit that has burned.
(2) The provisions of regulation 2 (2) and (3) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (1): Provided that-
(a) such application shall be submitted at least 30 days prior to the intended date of burning or grazing, as the case may be; and
(b) a permission referred to in subregulation (1) (a)-
(i) shall not be issued unless the executive officer is satisfied that the burning of veld is an accepted veld management practice in the area within which the farm unit concerned is situated, or that exceptional circumstances prevail on the farm unit concerned;

(ii) shall be issued only if the veld concerned is to be burned during periods of which particulars are available at the extension office concerned; and

(iii) shall be issued to the provisions of the Forest Act, 1968 (Act 72 of 1968).
Restoration and reclamation of eroded land
13.(1) Every land user shall by means of as many of the measures set out in regulations 4, 5 and 9 as are necessary in his situation, effectively restore or reclaim the land on his farm unit on which excessive soil loss due to erosion occurs or has occurred.
(2) If the executive officer is satisfied that he measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to restore or reclaim land on which excessive soil loss due to erosion occurs or has occurred, he may direct such land user in writing to apply such additional measures as the executive officer may determine.
Restoration and reclamation of disturbed or denuded land
14.(1) If a land user disturbs or denudes any land on his farm unit for purposes other than prospecting or mining activities-
(a) such disturbance or denuding shall be done systematically from a specified point;
(b) the area of land that is left unprotected prior to the commencement of the restoration or reclamation thereof as contemplated in paragraph (c), shall not at any time exceed one hectare or such larger area as the executive officer may approve on application; and
(c) such land user shall by means of as many of the following measures as are necessary in his situation, effectively restore and reclaim that disturbed or denuded land;
(i) Topsoil shall be removed and kept separate with a view to replacing it later on the disturbed or denuded land.

(ii) Topsoil shall be used to stabilise the sides of a hollow that has been caused by the exploitation or removal of material and, where possible, to reclaim part of the disturbed or denuded land.

(iii) Excavations shall be removed so far from boundary fences that the sides thereof can be finished and stabilised without encroaching upon adjoining land.

(iv) The flow pattern of run-off water, the topography and the slope shall, depending on the volume of material exploited or removed, be restored as closely as possible to the original condition.

(v) Suitable vegetation shall be established on the land concerned in order to expedite the restoration and reclamation thereof.

(vi) The land concerned shall be fenced off and withdrawn from grazing until such time as vegetation has been sufficiently restored or established.



(vii) A suitable soil conservation work shall be constructed and thereafter be maintained in order to protect the land concerned against excessive soil loss through the action of water or wind or in order to collect sediment from run-off water.
(2) If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to restore or reclaim disturbed or denuded land effectively, he may direct such land user in writing to apply such additional measures as the executive officer may determine.
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