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Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)

Regulations

Regulations in terms of Conservation of Agricultural Resources Act

Part I : Control Measures

7. Utilisation and protection of vleis, marshes, water sponges and water courses

 

(1) Subject to the provisions of the Water Act, 1956 (Act No. 54 of 1956), and subregulation (2) of this regulation, no land user shall utilise the vegetation in a vlei, marsh or water sponge or within the flood area of a water course or within 10 metres horizontally outside such flood area in a manner that causes or may cause the deterioration of or damage to the natural agricultural resources.

 

(2) Every land user shall remove the vegetation in a water course on his farm unit to such an extent that it will not constitute an obstruction during a flood that could cause excessive soil loss as a result of erosion through the action of water.

 

(3) Except on authority of a written permission by the executive officer, no land user shall—
(a) drain or cultivate any vlei, marsh or water sponge or a portion thereof on his farm unit; or
(b) cultivate any land on his farm unit within the flood area of a water course or within 10 metres horizontally outside the flood area of a water course.

 

(4) The prohibition contained in subregulation (3) shall not apply in respect of—
(a) a vlei, marsh or water sponge or a portion thereof that has already been drained or is under cultivation on the date of commencement of these regulations, provided it is not done at the expense of the conservation of the natural agricultural resources; and
(b) land within the flood area of a water course or within 10 metres horizontally outside the flood area of a water course that is under cultivation on the date of commencement of these regulations, provided it is already protected effectively in terms of regulation 4 against excessive soil loss due to erosion through the action of water.

 

(5) The provisions of regulation 2(2), (3) and (4) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (3).