Kironia Environmental does Alien Invasive Species certification for property sellers. Contact us for a free quote.
Certified Alien Invasive Species consultants, for Gauteng.
Gazetted regulations on Alien Invasive Species: R. 598 National Environmental Management: Biodiversity Act (10/2004): Alien and Invasive Species Regulations, 20
Presentation document on AIS and new NEMA legislation:
Kironia AIS presentation
Alien invasive species are species that have been introduced into an area and are able to out-compete and displace indigenous or useful alien species. They may be plants, animals or microbes and are widely regarded as the biggest threat to the productive use of land and water, to the ecological functioning of natural systems, to health and to the economy.
Duty of Care – landowners
NEMBA (2004): Capter 5, Part 2, page 60, 73 (2)
A land owner must:
Notify the DEA, in writing, of listed invasive species on their land.
Take steps to control and eradicate such species and prevent its spread.
Take all steps to minimize harm to the biodiversity
Chapter 5, Part 2, section 73(2)
“A person who is the owner of land on which a listed invasive species occurs must notify any relevant competent authority in writing of the listed invasive species occurring on that land. “
Chapter 7, Section 29(3):
“The seller of any immovable property must, prior to the conclusion of the relevant sale agreement, notify the purchaser of that property in writing of the presence of listed invasive species on that property.”
Declaration of Alien Invasive Species Certificate
The NEMBA Regulations (1 August, 2014) state that the seller of any immovable property must, prior to the relevant sale agreement, notify the purchaser of the property in writing of the presence of listed invasive species on that property.
A copy of the certificate to be lodged at the municipal Registrar of deeds.
A copy of the certificate to be lodged with the Compliance Officer, Biosecurity Directorate, of the DEA.
Alien Invasive Species as liabilities
It is the responsibility of the land owner to control AIS occurring on their property (NEMBA (2004): Capter 5, Part 2, page 60, 73 (2)).
The control of AIS is costly and long term commitment. The cost of controlling heavy infestations of AIS can, in certain instances, equal or exceed the selling price of a property.
Property owners that fail to control AIS on their properties might be held liable should these species spread to adjacent properties.
AIS species could have additional risk associated with infestations, e.g. increased fire hazard and health implications.
It is the right of a purchaser of a property to be made aware of all existing liabilities. AIS could be seen in a similar light to infestations of termites or wood borer in the structural timbers of a house.