National Environmental Management: Biodiversity Act, 2004 (NEMBA)

In South Africa, the regulation of alien invasive species is primarily governed by the National Environmental Management: Biodiversity Act, 2004 (NEMBA). This act, along with the Alien and Invasive Species Regulations, 2014, provides the framework for controlling the spread and management of these species. NEMBA mandates that land users have a responsibility to control or eradicate certain invasive species, and it establishes a permitting system for activities involving alien or invasive species. 

Key Aspects of the Regulations:

• NEMBA (National Environmental Management: Biodiversity Act, 2004):This act, along with its regulations, sets the legal framework for managing alien and invasive species in South Africa, including control and eradication efforts. 
• Alien and Invasive Species Regulations, 2014:These regulations detail the specific requirements for managing alien and invasive species, including permitting systems, restricted activities, and species lists. 
• Permitting System:A permit is required for certain activities involving alien and invasive species, such as importing, possessing, growing, or selling them, particularly for those listed as Category 2 or 3. 
• Listed Species:NEMBA and related regulations include lists of alien and invasive species, categorized by their potential for impact and the level of control required. 
• Responsibility of Landowners:Landowners are generally responsible for controlling or eradicating invasive species on their property, particularly those listed in certain categories. 
• Declaration of Invasive Species:Sellers of immovable property in South Africa must notify the purchaser in writing of the presence of listed invasive species on the property. 
• Importation Requirements:Anyone wishing to import an alien species must obtain a permit and demonstrate that the species does not pose a significant risk of invasion. 
• Control and Eradication:The regulations mandate the control and eradication of certain invasive species, particularly those deemed to have a high invasive potential. 
• Monitoring and Compliance:Authorities can enter properties to monitor, assist with, or implement control measures for listed species. 

nemba_invasivespecieslist_g43726gon1003 (click on link for pdf)