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


PART II WEEDS AND INVADER PLANTS



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PART II

WEEDS AND INVADER PLANTS
Declaration of weeds and invader plants
15.(1) Plants of the kinds specified in column 1 of Table 3 as category 1 plants are hereby declared weeds to the extent indicated in column 3 of the said Table opposite the names of the respective kinds of plants.
(2) Plants of the kinds specified in column 1 of Table 3 as category 2 plants and as category 3 plants are hereby declared invader plants to the extent indicated in column 3 of the said Table opposite the names of the respective kinds of plants.
Combating of category 1 plants
15A(1) Category 1 plants may not occur on any land or inland water surface other than in biological control reserves.
(2) A land user shall control any category 1 plants that occur on any land or inland water surface in contravention of the provisions of sub-regulation (1) by means of the methods prescribed in regulation 15E.
(3) No person shall, except in or for purposes of a biological control reserve -
(a) establish, plant, maintain, multiply or propagate category 1 plants.,
(b) import or sell propagating material of category 1 plants or any category 1 plants;
(c) acquire propagating material of category 1 plants or any category 1 plants.
(4) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with the requirements of sub-regulation (1) on such conditions as the executive officer may determine in each case.
Combating of category 2 plants
15B(1) Category 2 plants may not occur on any land or inland water surface other than a demarcated area or a biological control reserve.
(2)(a) The executive officer may on application in writing demarcate an area as an area where category 2 plants may occur, be established and be maintained.
(b) An area in respect of which a water use license for stream flow reduction activities has been issued in terms of section 36 of the National Water Act, 1998 (Act No. 36 of 1998) shall be deemed to be a demarcated area.
(3) The executive officer shall demarcate an area for the occurrence, establishment and maintenance of category 2 plants only if -
(a) the category 2 plants in the area are cultivated under controlled circumstances; and
(b) the land user concerned has been authorised to use water in terms of the National Water Act, 1998 (Act No. 36 of 1998); and
(c) the category 2 plants or products of category 2 plants in the area are demonstrated to primarily serve a commercial purpose, use as a woodlot, shelter belt, building material, animal fodder, soil stabilisation, medicinal or other beneficial function that the executive officer may approve; and
(d) all reasonable steps are taken to curtail the spreading of propagating material of the category 2 plants outside the demarcated areas.
(4) When an area is demarcated for the occurrence, establishment and maintenance of category 2 plants the executive officer may impose such additional conditions as may reasonably be deemed necessary to keep the category 2 plants in the area in cheek.
(5) No person shall sell propagating material of category 2 plants or any category 2 plants to another person unless such other person is a land user of a demarcated area or of a biological control reserve.
(6) No person shall acquire propagating material of category 2 plants or any category 2 plants unless such material or such plants are intended for use in a demarcated area or in a biological control reserve.
(7) Propagating material of category 2 plants or category 2 plants shall only be imported or sold in accordance with the provisions of the Plant Improvement Act, 1976 (Act No. 53 of 1976), the Agricultural Pests Act, 1983 (Act No. 36 of 1983) and the environment conservation regulations.
(8) A land user shall control any category 2 plants that occur on any land or inland water surface in contravention of the provisions of sub-regulation (1) by means of the methods prescribed in regulation 15E.
(9) Unless authorised thereto in terms of the National Water Act, 1998 (Act No. 36 of 1998), no land user shall allow category 2 plants to occur within 30 meters of the 1:50 year flood line of a river, stream, spring, natural channel in which water flows regularly or intermittently, lake, dam or wetland.
(10) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with one or more of the requirements of sub-regulations (1), (3), (5), (6), (8) and (9) on such conditions as the executive officer may determine in each case.
Combating of category 3 plants
15C(1) Category 3 plants shall not occur on any land or inland water surface other than in a biological control reserve.
(2) Subject to the provisions of sub-regulation (3), the provisions of sub-regulation (1) shall not apply in respect of category 3 plants already in existence at the time of the commencement of these regulations.
(3)(a) No land user shall allow category 3 plants to occur within 30 meters of the 1:50 year flood line of a river, stream, spring, natural channel in which water flows regularly or intermittently, lake, dam or wetland.
(b) The executive officer may impose such additional conditions as may reasonably be deemed necessary with regard to category 3 plants already in existence at the lime of the commencement of these regulations.
(c) A land user must take all reasonable steps to curtail the spreading of propagating material of category 3 plants.
(d) The executive officer may, after consultation with the land user, issue a direction in terms of section 7 of the Act that category 3 plants in existence at the time of the commencement of these regulations must be controlled by means of the measures prescribed in regulation 15F.
(4) No person shall, except in or for purposes of a biological control reserve -
(a) plant, establish, maintain, multiply or propagate category 3 plants;
(b) import or sell propagating material of category 3 plants or any category 3 plants;
(c) acquire propagating material of category 3 plants or any category 3 plants.
(5) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with one or more of the requirements of sub-regulations (1), (3) and (4) on such conditions as the executive officer may determine in each case.
Designation of biological control reserves
15D(1) The executive officer may on application in writing designate an area as a biological control reserve.
(2) The executive officer shall designate an area as a biological control reserve only if -
(a) the area concerned is used for the breeding of biological control agents by a biological control expert; and
(b) no other measures that may destroy or render the biological control ineffective are applied in that area; and
(c) the area concerned serves as a refuge from where biological control agents can move or be distributed to other infestations of category 1, 2 and 3 plants.
Methods of control
15E(1) Where category 1, 2 or 3 plants occur contrary to the provisions of these regulations, a land user shall control such plants by means of one or more of the following methods of control as is appropriate for the species concerned and the ecosystem in which it occurs:
(a) Uprooting, felling, cutting or burning;
(b) Treatment with a weed killer that is registered for use in connection with such plants in accordance with the directions for the use of such a weed killer;
(c) Biological control carried out in accordance with the stipulations of the Agricultural Pests Act, 1983 (Act No. 36 of 1983), the Environment Conservation Act, 1989 (Act No. 73 of 1989) and any other applicable legislation;
(d) Any other method of treatment recognised by the executive officer that has as its object the control of the plants concerned, subject to the provisions of sub-regulation (4);
(e) A combination of one or more of the methods prescribed in paragraphs (a), (b), (c), and (d), save that biological control reserves and areas where biological control agents are effective shall not be disturbed by other control methods to the extent that the agents are destroyed or become ineffective.
(2) The methods contemplated in sub-regulation (1) shall also be applied with regard to the propagating material and the re-growth of category 1, 2 and 3 plants in order to prevent such plants from forming seed or re-establishing in any manner.
(3) The performance of an act of control is not in itself proof that the objects of the control methods have been achieved and follow-up operations are mandatory to achieve the appropriate level of combating.
(4) Where uncertainty exists about the presence or efficacy of any biological control agent, a biological control expert shall be consulted.
(5) Any action taken to control category 1, 2 and 3 plants shall be executed with caution and in a manner that will cause the least possible damage to the environment.
Application of other laws
15F. Nothing contained in this regulation shall derogate in any way from any obligation imposed on any land user in terms of any other law.
Indicators of bush encroachment
16.(1) Indigenous plants of the kinds specified in column 1 of Table 4 are regarded as indicator plants indicating bush encroachment in the areas specified in column 2 of the said Table opposite the names of the respective kinds of plants.
(2) A land user of an area in which natural vegetation occurs and that contains communities of indicator plants shall follow practices to prevent the deterioration of natural resources and to combat bush encroachment where it occurs.
(3) One or more of the following practices shall be followed with regard to communities of indicator plants contemplated in sub-regulation (2) in order to remove the cause of the deterioration of the natural resources and to improve and maintain the production potential of the natural pastoral land:
(a) Uprooting, felling or cutting;
(b) Treatment with a weed killer that is registered for use in connection with such plants in accordance with the directions for the use of such a weed killer;
(c) The application of control measures regarding the utilisation and protection of veld in terms of regulation 9;
(d) The application of control measures regarding livestock reduction or removal of animals in terms of regulations 10 and 11;
(e) Any other method or strategy that may be applicable and that is specified by the executive officer by means of a directive.
PART III

DIRECTIONS
Manner of serving
17.(1) A direction contained in a written notice shall be served on a land user by -
(a) forwarding it by registered post to the land user;
(b) delivering it to the land user personally or to his authorised representative;
(c) delivering it on the land specified in the direction concerned or at the residence or place of business of the land user to some person who is apparently not younger that 16 years of age and apparently resides or is employed there; or
(d) delivering it, in the case of a land user who is a juristic person, to the registered office of that juristic person.
(2) When a direction is served in terms of subregulation (1) (a), the executive officer shall-
(a) place the direction in an envelope addressed to the land user concerned at his last known postal address and forward it by pre-paid registered post; and
(b) at the time of registration thereof make application to be provided with an acknowledgement by the addressee of the receipt thereof as provided in regulation 44 (5) of the Post Regulations published under Government Notice R550 of 14 April 1960: Provided that -
(i) a receipt form completed as provided in regulation 44(8) of the said regulations shall be sufficient acknowledgement of receipt for the purposes hereof; and

(ii) if no such acknowledgement is received, this fact shall be recorded by the executive officer on a copy of the direction.


(3) When a direction has been served in terms of subregulation (1) (b), (c) or (d), the person by whom it was delivered shall immediately after delivery thereof, make an entry on a copy of that direction to indicate the manner in which, the person to whom, the place at which and the date on and approximate time at which the direction concerned was thus delivered.
(4) The entries referred to in subregulation (3) shall immediately after being made, be signed by the person by whom the direction was delivered.
Evidence of serving of directions
18.(1) If a direction has been served in terms of regulation 17 (1) (a), the executive officer shall obtain and preserve the following documents as evidence of the serving thereof:
(a) The certificate of posting for the registered letter concerned that was issued by the post office at which such letter was registered.
(b) The acknowledgement of receipt or receipt form referred to in regulation 17 (2) (b), of the registered letter concerned.
(2) If a direction has been served in terms of regulation 17 (1) (b), (c) or (d), the executive officer shall obtain the copy of the direction concerned on which the entries and signature respectively referred to in regulation 17 (3) and (4) appear, from the person by whom that direction was served, and preserve it as evidence of the serving thereof.
PART IV

CONSERVATION COMMITTEES
Inaugural meeting
19.(1) The Inaugural meeting of a newly-established conservation committee shall be held as soon as possible after the appointment of the members, at a time and place determined by the regional director of the region within which the area for which the conservation committee concerned has been established, is situated.
(2) The regional director concerned shall at least 14 days in advance notify the members of such conservation committee in writing of the date, time and place of such inaugural meeting.
(3) The regional director concerned or an officer designated by him shall preside at the inaugural meeting of such conservation committee until such time as a chairman has been elected in terms of section 15 (5) (b) of the Act.
Calling of meetings
20.(1) The ordinary meetings of a conservation committee shall be held as often and at such times and places as the conservation committee concerned may from time to time determine.
(2) Notwithstanding the provisions of subregulation (1), the chairman of a conservation committee may at his discretion call a special meeting of such conservation committee at such time and place as he may determine, with a view to dealing with special or urgent matters, and he shall call a special meeting-
(a) at the request of at least one third of the members of the conservation committee concerned; or
(b) when thus requested to do so in writing by the regional director concerned.
(3) The secretary of a conservation committee shall at least seven days in advance notify each member of such conservation committee and the officer in charge of the extension office for the area for which such conservation committee has been established of the date, time and place of each meeting thereof.
Quorum for meetings
21. Two or more members of a conservation committee who are present at a meeting thereof shall constitute a quorum for that meeting.
Chairman at meetings
22.(1) The chairman of a conservation committee shall preside at all meetings thereof at which he is present.
(2) If the chairman of a conservation committee is unable to attend a meeting or part of a meeting or to preside thereat, the members present shall elect amongst themselves a person to preside for the period during which the chairman is absent or unable to preside.
(3) A person who has been elected in terms of subregulation (2) may for the duration of the period during which he presides, exercise all the powers and perform all the functions of the chairman.
Reconsideration of certain resolutions
23. Any resolution of a conservation committee that is taken at a meeting at which a minority of the members are present shall be reconsidered during the first ensuing meeting at which a majority of the members are present: Provided that a resolution that has already been implemented shall not be revoked as a result of such reconsideration.
Attendance of meetings
24.(1) A conservation committee may grant any of its members leave of absence from any of its members or from consecutive meetings for a continuous period not exceeding six months.
(2) When a member of a conservation committee is or expects to be prevented from attending a meeting of which he has been notified as contemplated in regulation 20 (3), he shall as soon as possible notify the chairman or the secretary of that conservation committee of the circumstances that are preventing him or that he expects to or will prevent him from attending such meting.
(3) The chairman of a conservation committee shall submit the reasons for the absence of a member from a particular meeting to the conservation committee concerned, and the decision regarding leave of absence for the member concerned shall be recorded in the minutes of that meeting.
(4) When a conservation committee considers a matter during a meeting that affects a member personally, the member concerned shall withdraw from the meeting while the matter concerned is being considered.
(5) The regional director of the region within which the area for which a conservation committee has been established is situated and an officer designated by him may attend any meeting of such conservation committee and participate in the discussions, but shall not be entitled to vote.
Minutes of meetings
25.(1) The secretary of a conservation committee shall keep minutes of every meeting.
(2) The minutes thus kept shall be dealt with during the first ensuing meeting of the conservation committee concerned and, if declared to be in order, shall be confirmed by the signature of the person presiding at that meeting.
(3) The secretary of a conservation committee shall furnish a copy of the minutes of each meeting to the officer in charge of the extension office for the area for which that conservation committee was established within 30 days of the date on which that meeting was held.
Disposal of documents
26.(1) The secretary of a conservation committee shall keep all documents received by that conservation committee in the course of the management of its affairs and copies of all documents created by that conservation committee, including minutes that have been confirmed, in a suitable filing system.
(2) If the secretary of a conservation committee vacates his office, he shall-
(a) hand all the documents referred to in subregulation (1) over to his successor or, if his successor has not yet been appointed, to the chairman of the conservation committee concerned within 30 days of the date on which he vacates his office; and
(b) bring all the documents referred to in subregulation (1) that have not been attended to, to the attention of his successor or the chairman of the conservation committee concerned, as the case may be, when he thus hands over the documents concerned.
(3) When the term of office of the members of a conservation committee expires before persons have been appointed members for an ensuing term, the secretary of the conservation committee concerned shall keep the documents referred to in subregulation (1) in his custody until such time as he -
(a) is able to hand them over to his successor in terms of subregulation (2); or
(b) has been directed by the regional director concerned to hand them over to and officer designated by such regional director.
(4) The provisions of subregulation (2) (b) shall apply mutatis mutandis when the documents referred to in subregulation (1) are handed over to an officer in terms of subregulation (3) (b).
PART V

BEACONS AND MARKS
Demarcation of areas to which directions apply
27.(1) Each corner point of an unfenced portion of a farm unit in respect of which a requirement is imposed in a direction shall be indicated by means of a beacon.
(2) Such a beacon shall consist of -
(a) an iron standard;
(b) a treated wooden post;
(c) a post of natural hardwood with a diameter of at least 50 mm at the narrow end;
(d) a post of another durable material of suitable diameter;
(e) a post forming part of an existing, properly erected fence; or
(f) a tree, a rock which protrudes at least 1 000 mm above ground level or a permanent structure.
(3) A standard or post referred to in subregulation (2) (a), (b), (c) and (d) shall be at least 1 370 mm long and be driven or planted solid into the ground so that approximately 900 mm thereof protrudes above ground level: Provided that -
(a) in the case of a corner point which falls on soft or sandy ground, a longer standard or post shall be used as such beacon to ensure the sturdiness thereof; and
(b) in the case of a corner point which falls on hard or rocky ground where the standard or post concerned cannot be driven or planted deep enough, a concrete base shall be placed around that standard or post to ensure the sturdiness thereof.
(4) Approximately 150 mm of the top portion of a post referred to in subregulation (2) (e) shall be painted white or red with a durable paint.
(5) A white or red mark of approximately 150 mm by 150 mm shall be painted with a durable paint approximately 900 mm above ground level on a tree, rock or permanent structure referred to in subregulation (2) (f).
Indication of position of soil conservation works
28.(1) A beacon that serves a permanent survey point or bench mark in the immediate vicinity of the proposed building site of a soil conservation work shall be an iron peg that -
(a) is approximately 12 mm in diameter and 400 mm long;
(b) is driven solidly into the ground so that approximately 50 mm thereof protrudes above ground level; and
(c) is placed in a position where it is out of reach of flood water and will not silt up.
(2) The soil around an iron peg referred to in subregulation (1) shall be dug out to a depth of approximately 250 mm and over an area of approximately 300 mm by 300 mm, and the hole concerned shall thereafter be filled with concrete to such extent that approximately 12 mm of the iron peg concerned protrudes above the concrete.
(3) The protruding surface of the concrete referred to in subregulation (2) shall be levelled away from the iron peg concerned, and the following particulars shall be imprinted on the levelled surface while the concrete is still wet:
(a) The number of the survey point or bench mark concerned;
(b) a directional line with arrowhead pointing to the next permanent survey point or bench mark;
(c) a directional line without arrowhead pointing to the nearest temporary survey point referred to in subregulation (6); and
(d) the letters L/A.
(4) A permanent witness beacon shall be placed approximately 2 metres away from each permanent survey point or bench mark referred to in subregulation (1).
(5) A permanent witness beacon referred to in subregulation (4) shall be an iron standard -
(a) that is approximately 1 370 mm long;
(b) with four alternating white and red bands, each approximately 150 mm wide, painted around the upper portion with a durable paint; and
(c) that is driven solidly into the ground so that approximately 900 mm thereof protrudes above ground level:
Provided that the provisions of regulation 27 (3) (a) and (b) shall apply mutatis mutandis with regard to such permanent witness beacon erected on soft or sandy ground or hard or rocky ground, as the case may be.
(6) A beacon that serves as a temporary survey point or bench mark for the proposal building site of a soil conservation word shall be an iron peg -
(a) that, in case of a contour bank system, is approximately 5 mm in diameter and 300 mm long;
(b) that is otherwise approximately 12 mm in diameter and 400 mm long;
(c) that is driven solidly into the ground so that approximately 25 mm thereof protrudes above ground level; and
(d) to which a suitable aluminium tag is affixed on which the number of the survey point or bench mark concerned and the letters L/A appear.
(7) If it is deemed necessary, a temporary witness beacon that complies with the requirements set out in subregulation (5) may be provided approximately 2 metres away from any temporary survey point or bench mark referred to in subregulation (6).
(8) A beacon that is used as a survey point or bench mark in terms of this regulation shall be placed in such a position with regard to the soil conservation work for which it is used that it will not be damaged, destroyed, removed or shifted during the construction of the soil conservation work concerned.


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