Preamble:  In terms of SA Law, weeds can be classified into three groups:-

1) Declared Noxious weeds, which are often toxic to humans or cattle and which can infest agricultural crops.

2) Declared Invasive weeds, which are usually less dangerous than the former but are non the less invasive and thus threaten the survival of other species.

3) Plants perceived as "weeds" which are not classified within the two former groups and are not "declared" as such. Legislation does not apply to this latter group which in many cases is a serious omission and bye laws are really needed to solve the problem. eg Pampas Grass, Spanish Broom, Valeria etc.

Groups 1 & 2 are itemised in schedules* acompanying the Regulations which presumably could be amended given the "political will" by those concerned to do so.

NB. All three groups contain many "exotic" aliens but in some cases they are indigenous.
The law principally concerns itself with agricultural situations but is equally applicable in urban areas.

The following extracts from the Law and Regulations currently pertains to Noxious and Invasive Weeds.

Conservation of Agricultural Resources  Act No 43 of 1983

S3 Objects of Act - The objects of Act - The objects of this Act are to provide for the conservation of the natural agricultural resources of the Republic by the maintenance of the production potential of land, by the combating and prevention of erosion and weakening or destruction of water sources, and by the protection of the vegetation and the combating of weeds and invader plants. Regulations in favour of Conservation of Agricultural Resources

Act (No 9238, May 1984)

S2(2)(a) The provisions of this act relating to weeds and invader plants shall also apply to land which is situated within an urban area.

S2(3) The minister may by regulation declare any plant to be a weed or an invader plant for the purposes of this act.

Declared Weeds and invader plants.

15.(1) *Plants of the kind specified in column 1 of table 3 are hereby declared weeds throughout the Republic.

     (2) *Plants of the kind specified in column 2 of table 4 are hereby declared invader plants in the areas specified in column 2 of the said table opposite the names of the respective kinds of plants.

-------

Control of Weeds and Invader Plants

16. (1) If weeds of a kind specified in column 1 of table 3 occur on any farm unit in an area  specified in column 2 of the said table opposite the kind of weed concerned, the land user of the farm unit concerned shall be means of as may of the following measures as are necessary in his situation, control those weeds effectively;

(a) The weeds concerned shall be uprooted, felled or cut off and shall be destroyed by burning or another suitable method.

(b) The weeds concerned shall be treated with a weed killer that is registered for use in connection therewith, in accordance with the directions for use for such weed killer that is registered for use in connection therewith, in accordance with directions for use for such weed killer.

(c) Any other recognised method of treatment that has as its object the destruction of the weeds concerned shall be applied with regard thereto.

(d) The measures referred to in paragraphs (a), (b) and (c) shall be applied with regard to the seed, seedlings or re-growth of the weeds concerned in order to prevent them from running to seed or otherwise propagating vegetatively.

-------

(2) No weeds of a kind specified in column 1 of table 3 shall occur on -

(a) land within an urban area; or

(b) any farm unit in the area specified in column 3 of the said table opposite the weeds concerned :

Provided that if such weeds should appear or occur on such land or farm unit, the land of that land of farm unit shall eradicate those weeds by means of as many of the measures set out in sub regulation (1) as are necessary in his situation.

(3) If invader plants of a kind specified in column 1 of table 4 occur on a kind of invader plant concerned to such an extent that they are or could be to the detriment of the production potential of the natural agricultural resources, the land user of the farm unit concerned shall by means of as many of the measures set out in sub regulation (1) as are necessary in his situation, control those invader plants effectively.

-------

(4) If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of sub regulations (1), (2) or(3) are not sufficient to control or eradicate weeds or invader plants effectively, he may direct such land user in writing to apply such additional measures as the executive officer may determine.

(5) For the purposes of this regulation "control" shall mean the combating of weeds and invader plants to such an extent that the assertion thereof will not be at the expense of the production potential of the natural agricultural resources and, in the case of weeds, that they are not spread in contravention of the provisions of section 5 (1) (b) of the Act.

--------

Section 23(1) : Penalties. Any person is on -

(a) a first conviction of an offence under section 5(6), 6(5), 7(6)(b), 9(2)(b), 12(5) or 18(6)(b), liable to a fine not exceeding R5000.00 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment;

(b) a second or subsequent conviction of an offence mentioned in paragraph (a), whether the same or any other offence mentioned in that paragraph, liable to a fine not exceeding R10 000.00 or to imprisonment for a period not exceeding four years or to both such fine and such imprisonment; or

(c) conviction of an offence under section 7(6)(a), 9(2)(a), 18(6)(c), 19(3), 20(5), 21(6) or 22(2), liable to a fine not exceeding R500 or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

 ret to PAVCO