| (1) |
Category 2 plants may not occur on any land or inland water surface other than a demarcated area or a biological control reserve. |
| (a) |
The executive officer may on application in writing demarcate an area as an area where category 2 plants may occur, be established and be maintained. |
| (b) |
An area in respect of which a water use license for stream flow reduction activities has been issued in terms of section 36 of the National Water Act, 1998 (Act No. 36 of 1998) shall be deemed to be a demarcated area. |
| (3) |
The executive officer shall demarcate an area for the occurrence, establishment and maintenance of category 2 plants only if— |
| (a) |
the category 2 plants in the area are cultivated under controlled circumstances; and |
| (b) |
the land user concerned has been authorised to use water in terms of the National Water Act, 1998 (Act No. 36 of 1998); and |
| (c) |
the category 2 plants or products of category 2 plants in the area are demonstrated to primarily serve a commercial purpose, use as a woodlot, shelter belt, building material, animal fodder, soil stabilisation, medicinal or other beneficial function that the executive officer may approve; and |
| (d) |
all reasonable steps are taken to curtail the spreading of propagating material of the category 2 plants outside the demarcated areas. |
| (4) |
When an area is demarcated for the occurrence, establishment and maintenance of category 2 plants the executive officer may impose such additional conditions as may reasonably be deemed necessary to keep the category 2 plants in the area in check. |
| (5) |
No person shall sell propagating material of category 2 plants or any category 2 plants to another person unless such other person is a land user of a demarcated area or of a biological control reserve. |
| (6) |
No person shall acquire propagating material of category 2 plants or any category 2 plants unless such material or such plants are intended for use in a demarcated area or in a biological control reserve. |
| (7) |
Propagating material of category 2 plants or category 2 plants shall only be imported or sold in accordance with the provisions of the Plant Improvement Act, 1976 (Act No. 53 of 1976), the Agricultural Pests Act, 1983 (Act No. 36 of 1983) and the environment conservation regulations. |
| (8) |
A land user shall control any category 2 plants that occur on any land or inland water surface in contravention of the provisions of subregulation (1) by means of the methods prescribed in regulation 15E. |
| (9) |
Unless authorised thereto in terms of the National Water Act, 1998 (Act No. 36 of 1998), no land user shall allow category 2 plants to occur within 30 meters of the 1:50 year flood line of a river, stream, spring, natural channel in which water flows regularly or intermittently, lake, dam or wetland. |
| (10) |
The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with one or more of the requirements of subregulations (1), (3), (5), (6), (8) and (9) on such conditions as the executive officer may determine in each case. |
[Regulation 15B inserted by regulation 4 of Notice No. R. 280 of 2001]
Environment Conservation Act, 1989
