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NEMBA

4 June 2015

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA) regulations 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 Declaration of Invasive Species forms need to be lodged with The Compliancy Officer, Biosecurity Services, Department of Environmental Affairs.

Invasive species are a liability to landowners as the law says:

NEMBA (2004): 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.

NEMBA Alien and Invasive Species Regulations (2014): Chapter 7, Section 29, (1), (2), (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.

It would be interesting to hear to what extent these provisions are being given effect to in deeds of sale by estate agents.

Anthony Bowes
Oosthuizen Hazell & Wilmot Inc

 National Environmental Management: Biodiversity Act, 2004  and Invasive Species Regulations

Reader Comments: 1
Allen West 10/06/2015:

There are different schools of thought on the implementation and application of the Act and Regulations. From my reading thereof it has to be applied from 1 October 2014. The sanction in the Act is severe and it would be advisable to adhere thereto.

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