NEW ALIEN AND INVASIVE SPECIES LISTS
Title: Alien and Invasive Species Lists, 2016
Government Gazette Notice: GN 864 in GG 40166 of 29 July 2016
Commencing date: 60 days from date of publication
In terms of the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA), the following activities in relation to listed alien and invasive species are prohibited without a permit issued by a competent authority in terms of chapter 7 of NEMBA (section 1 of NEMBA):
(i) importing into the Republic, including introducing from the sea, any specimen of an alien or listed invasive species;
(ii) having in possession or exercising physical control over any specimen of an alien or listed invasive species;
(iii) growing, breeding or in any other way propagating any specimen of an alien or listed invasive species, or causing it to multiply;
(iv) conveying, moving or otherwise translocating any specimen of an alien or listed invasive species;
(v) selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of an alien or listed invasive species; or
(vi) any other prescribed activity which involves a specimen of an alien or listed invasive species;
The Minister of Environmental Affairs may, however, by notice in the Gazette and subject to such conditions as the Minister may specify in the notice, specify a specimen of a listed invasive species for which a permit to carry out a restricted activity may not be issued in terms of Chapter 7 (section 71A of NEMBA). The Minister may, furthermore, by notice in the Gazette, publish a list of those alien species in respect of which a permit may not be issued.
The Minister may also, by notice in the Gazette and subject to such conditions as the Minister may specify in the notice, exempt a person from a restriction in terms of NEMBA (section 71(3) of NEMBA), or exempt any person from the requirement to obtain a permit prior to conducting a restricted activity involving specific alien or invasive species (section 66 of NEMBA).
Four new lists have been published in this Government Gazette Notice, namely:
- Notice in respect of Categories 1a, 1b, 2 and 3 Listed Invasive Species, in terms of which certain Restricted Activities are prohibited in terms of section 71A(1), exempted in terms of section 71(3); or require a permit in terms of the NEMBA, to be read with the list provided in notice 3 below;
- Notice in terms of Section 66(1) of NEMBA pertaining to the exemption from the requirement to obtain a permit to conduct a restricted activity involving specific Alien Species;
- National list of invasive species in terms sections 70(1), 71(3) and 71A of NEMBA (including lists of Invasive Terrestrial and Fresh-water Plant Species, Invasive Marine Plant Species, Invasive Mammal Species, Invasive Bird Species, Invasive Reptile Species, Invasive Amphibian Species, Invasive Fresh-water Fish Species, Terrestrial Invasive Invertebrate Species, Invasive Fresh-water Invertebrate Species, Invasive Marine Invertebrate Species and Invasive Microbial Species); and
- List of prohibited alien species in terms of section 67(1) in respect of which a permit in terms of NEMBA may not be issued (including lists of Terrestrial and Fresh-Water Plants, Marine Plants, Mammals, Birds, Reptiles, Amphibians, Fresh-Water Fish, Marine Fish Species, Terrestrial Invertebrates, Fresh-Water Invertebrates, Marine Invertebrates and Microbes).
These lists must be read together with the Alien and Invasive Species Regulations, 2014 (GN R598 in GG 37885 of 1 August 2014). Any word or phrase defined in the Alien and Invasive Species Regulations shall have the same meaning in these notices.
These lists replace and repeal any Alien and Invasive Species lists published under NEMBA including GN 599 of 1 August 2014 in GG 37886 and GN R 507, 508 and 509 of 19 July 2013 in GG 36683.
So what for my operation?
It is important for your operation to ensure that you do not conduct a restricted activity involving a listed alien or invasive species without a permit having been obtained as required in terms of NEMBA. Furthermore, take note of all exemptions from the requirement to obtain a permit involving specific listed alien and invasive species as reflected in the above notices. Furthermore, ensure that your operation’s biodiversity management plan or alien invasive management plan is updated and aligned with these new requirements.
What is Shangoni’s approach?
Facilitation of application for required environmental permits and authorisations
Shangoni has the expertise and experience to undertake the full spectrum of tasks for environmental authorisation or permit applications (including permits in terms of NEMBA) for our clients within the mining and non-mining sectors. This includes the statutory public participation and consultation process and all the required interactions with the regulating authorities. Shangoni’s approach towards environmental authorisation application development also emphasises the management of identified risks, thus adding significant value to the organisation beyond the delivery of required documentation submitted to regulators for approval.
Review and update of biodiversity management plans
Shangoni can also assist in the review and update, or compilation of, biodiversity management plans. It is ensured that the content of these plans is always in line with legal requirements and customised to suit our client’s specific needs.