Alien and Invasive Species Regulations National Environmental Management: Biodiversity Act (2004) Presentation to Southern Cape AIS Forum 24 June, 2015.

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Presentation transcript:

Alien and Invasive Species Regulations National Environmental Management: Biodiversity Act (2004) Presentation to Southern Cape AIS Forum 24 June, 2015 Stiaan Kotze - Biosecurity - Dept of Environmental Affairs Competent Authority

* NATIONAL COMPETENT AUTHORITY is based in the Biosecurity Directorate, Environmental Programmes, DEA. * COMPLIANCE is guided by the specialist expertise and experience in National, Provincial and Local Authorities. * ENFORCEMENT is done by Legal Authorisations Compliance and Enforcement (LACE). Who is the Competent Authority?

What does the Competent Authority do? Notification of non-compliance Routine Inspection Legal Authorisations, Compliance and Enforcement (LACE) Legal Authorisations, Compliance and Enforcement (LACE) Inspection Non-compliance

Issue DirectiveFailure to complyImplement directiveRecover costOr hold person liable What does LACE do?

Invasive Species Categories Category 1a Listed Invasive Species  Take immediate steps to combat, or eradicate where possible. Category 1b Listed Invasive Species  Control the listed invasive species. Category 2 Listed Invasive Species  Utilization allowed under Permit conditions.  Control outside of the Permit conditions. Category 3 Listed Invasive Species  Subject to certain prohibitions (e.g. sell, distribution).  Category 3 plant specimens in riparian areas are treated as Category 1b.

How does compliance work? Public DEA Hotline Province Municipalities Complaint received by the incident coordinator Is it urgent? Immediate inspection Is it urgent? Immediate inspection Not urgent? Determine timeframes Not urgent? Determine timeframes National Report Evaluated

How do inspections work? Case Officer assigned Inspection takes place All inspection reports go to the Incident Co-ordinator Case files to Directorate: Biodiversity Enforcement (LACE) LACE evaluates report A response must be devised…

* Apply for permits to conduct restricted activities. * Notify relevant competent authority of AIS occurring. * Take steps to control and eradicate invasives * Take all steps to prevent or minimise harm to biodiversity * notify the purchaser of your property - in writing - of presence of listed invasive species. What is your ‘Duty of care’ By law, it is every person’s duty to care Every person must …

What must estate agents do? Declaration of Invasive Species Form * LIABILITY : Selling a property populated with invasive species means passing on a liability to the new owner. * FILL IN A FORM: A Declaration of Invasive Species Form must be filled out by any seller of property. * FORM TO BUYER: Form must be handed as a notification to the buyer – before any sale of property can be concluded in South Africa. * COPY TO DEA: A copy of this form must be lodged with the Compliance Officer, Biosecurity Unit, DEA.

Low High Voluntary Compliance Inadvertent Non - Compliance Opportunistic Non - Compliance Corruption & Fraud Stakeholder Attitudes vs Compliance Help and support Council & Provide Feedback Correct Behaviour Full force of the law Levels of compliance Levels of stakeholder attitudes to invasives

National Environmental Crimes and Incident Hotline Service provider – Deloitte & Touche Report Invasive Species Report the problem Get a reference number You can phone back for feedback after 6-8 weeks

Stiaan Kotze Competent Authority Biosecurity Services Directorate Department of Environmental Affairs 14 Loop Street, Cape Town Tel: , Fax: Cell: National Competant Authority

Non-intrusive inspection services will be deployed at ports of entry to prevent the entry of IAS into the country. PILOT INTERVENTION OR Tambo International Airport Prevention of introductions

Ports of Entry: Harbours, Airports, Borders 14 Biosecurity focus at ports of entry will be the biggest challenge - and also - the intervention with the highest return on investment. Building comprehensive capacity will take time, and will have to be done incrementally, and in a very strong and engaging partnership with DAFF, SARS, the Police, DTI and other stakeholders. Border Management Authority

Thank You