SUBDIVISION OF AGRICULTURAL LAND ACT; ACT 70 OF 1970 (SALA) 30 APRIL 2013 B Y : S AMBULO M NGUNI 1

OUTLINE  Purpose of Act 70 /its objective  Section 1:Definition of Agricultural land  Section 2: Actions excluded from the act  Section3:Prohibitions  Types of applications  Assessment aspects  Relevance with other legislations  Conclusion 2

Purpose of Act 70 of 1970  To control the subdivision and, in connection therewith, the use of agricultural land.  Thereby preventing: Fragmentation of agric. land and creation of non- viable units 3

DEFINITION OF AGRICULTURAL LAND  Section1.a,b,c,d,e &f of the act defines agricultural land:  Agricultural land is any land except land situated within -Town planning scheme of a town or city -Land which is agricultural holding (Transvaal) registration Act 22 of Which is township as defined in section 102(1) of the deeds registration act 57 of State land -Land excluded from provision of act 70  Types of agric land -High potential -Medium to low -Unique 4

Categories of agricultural land  High potential agric land The best land available suited to and capable of consistently producing optimum yields of a wide range of agricultural products with minimum damage to the environment (e.g. Land capability class 1).  Unique agricultural land Land that is or can be used for producing specific high value crops. It is not usually high potential but important to agriculture due to a specific combination of location, climate or soil properties. 5

SALA NORMS AND STANDARDS  DETERMINING ECONOMIC VIABLE UNITS:  SUBDIVISION FOR GRAZING PURPOSES- UNITS SHOULD CARRY 60 LSU PER FARM LAND/PROPERTY (e.g. 60*3=180).  SUBDIVISION FOR DRY LAND CROP PRODUCTION: 100 HECTARES  SUBDIVISION FOR IRRIGATED LAND: 20ha WITH 10 ha water rights 6

Section 2 : Actions excluded from the Act  Subdivision for the purpose to transfer agricultural land to state or statutory body  Sale or grant of any right to any portion to the state  Land excluded 7

Section 3: Prohibition of certain actions  Agricultural land shall not be subdivided without the consent of the minister  No area of jurisdiction, local area, development area or township on agricultural land  No expansion of town planning scheme on agricultural land 8

Types of applications  Subdivision& consolidation & notarial tie  Undivided Shares  Servitude  Share Block Scheme / Sectional Title Scheme  Right of Habitatio  Township Establishment  Enlargement area of Local Authority  Lease 9

COMMITTEE ASSESMENT ASPECTS  Agricultural potential (Land capability, Grazing capacity)  Surrounding activities  The need and desirability  Inputs from provincial agriculture  Inputs from other stakeholders  Land use policy Spatial development frameworks KZN PDA Principles of DFA Town planning scheme Municipal boundaries 10

DOCUMEMTS REQUIRED 11

Long Term Lease 12

KZN MUNICIPALITIES AND DAFF  The municipalities that DAFF has been in consultation with:  uMngeni  uMsunduzi  uMkhambathini  Hibiscus Coast (Exclusion application with the Department)  uMhlathuze  Involvement of DAFF during SDF and IDP process is requested  Applicability: is proving to be difficult for KZN due to lack of guide plans and incomplete applications 13

Conclusion  Administration of Act 70 is essential for the protection of agricultural land from unplanned development to maintain future food production.  Mismanagement of Agricultural resource will have an adverse effect on food production  Creation of non viable units will create poverty trap  Without sustainable development there can be no sustainable agriculture. 14

Thank you. 15