Title: Draft regulations on Afforestation Genus Exchanges
Government Notice: GN 1027 in Government Gazette 39324 of 23 October 2015
Date of commencement: Not yet specified
Potentially affected controls: Water use license application (Section 21(e))

The use of land for afforestation which has been established for commercial purposes has been declared a stream flow reduction activity in terms of section 36 of the National Water Act 36 of 1998, and has been identified as a water use in terms of section 21, requiring licensing in terms of the NWA.

Section 26(1)(g) of the NWA states that the Minister may make regulations prohibiting any activity in order to protect a water resource, instream or riparian habitat. In terms of these draft Regulations authorisation will be required for afforestation genus exchanges in order to protect water resources, instream or riparian habitat. These regulations apply to all afforestation water users, but exclude the following matters:

  • The allocation of additional water.
  • The authorisation of wattle or other genus jungles.
  • Genus exchanges from Eucalyptus, Pinus or any other genera to Acacia species.
  • Area exchanges.

Any existing afforestation water user who is planning to exchange the genus of their plantation or part thereof, must apply to the responsible authority for authorisation to implement the proposed exchange. Specific principles of genus exchange are provided in the regulations, as well as the procedure to be followed for genus exchange.

Interested persons who wish to submit written representations or comments in connection with the draft regulations are invited to do so within 60 calendar days of the date of publication of this notice.