perspective, when the Conservation of Agricultural Resources Act (Act 43 of 1983)
(CARA) was promulgated. CARA introduced a range of regulatory mechanisms that
are aimed at protecting resources which the agricultural sector relies on. One of these
is the power of the Minister to declare any plant to be a weed or invader plant, either
nationwide or in specific areas only (section 2(3)). Unlike other provisions in the Act
which expressly do not apply in urban areas, a more progressive approach is taken to
weeds and invader plants in section 2(2) which provides that the “provisions of this
Act relating to weeds and invader plants shall also apply to land which is situated
within an urban area”. From a policy perspective, this was an interesting development because it extends the reach of regulatory control to prevent the spread of all
the listed species, irrespective of where they are found.
The first set of Regulations aimed at giving effect to the weed and invader plant
provisions in the Act were passed in 1984 (GNR 1048 GG 9238, 25 May 1984).
These Regulations included a list of approximately 50 species which were
categorised as being either ‘weeds’ or ‘invader plants’. Regulations 15 and
16, which concern problem plants, were amended in March 2001. In this last
‘problem plant’ amendment to the CARA Regulations, the list of plants was
expanded to include many more species (198) and it also categorised them as falling
within one of three categories (GNR 280 GG 22166, 30 March 2001). The
categorisation of the species shows the underlying policy issues which government
has to wrestle with. Whilst category 1 plants were to be very tightly controlled and
no person would be allowed to sell, advertise, exhibit, exchange or dispose of them,
categories 2 and 3 showed some more flexibility because of the utility or value of the
species. In this regard, category 2 species are known to be problematic, but because
of their commercial value or other uses they are allowed in demarcated sites.
Category 3 species include ornamental plants that can be kept, but not propagated.
Interestingly, with regards to category 2 species, a statement made by the then
Minister of Agriculture and Land Affairs, Thoko Didiza, reflected the tension
between wanting to exploit, or wanting to destroy invasive alien species when she
said “The government is fully supportive of the commercial ventures based on these
species, recognizing as it does the important contribution that they make to the
South African economy and the welfare of its people. . . . However, this welfare is
under threat from the significant impacts of alien invasive plants, and we must face
up to, and deal with this problem” (Hanks 2001).
18.6.3 Moving Beyond Plants (1983–)
Another way in which the underlying policy approach was expanded was a new or
increased focus on regulating animals, marine species, and other organisms which
cause disease. In this regard, the Agricultural Pests Act (Act 36 of 1983) and the
Animal Diseases Act (Act 35 of 1984) both provided for the control of the importation of ‘exotic animals’ or parasites and diseases. Regulations passed in 1998 in
terms of the Marine Living Resources Act (Act 18 of 1998)—which has the
18 Biological Invasion Policy and Legislation Development
531
(CARA) was promulgated. CARA introduced a range of regulatory mechanisms that
are aimed at protecting resources which the agricultural sector relies on. One of these
is the power of the Minister to declare any plant to be a weed or invader plant, either
nationwide or in specific areas only (section 2(3)). Unlike other provisions in the Act
which expressly do not apply in urban areas, a more progressive approach is taken to
weeds and invader plants in section 2(2) which provides that the “provisions of this
Act relating to weeds and invader plants shall also apply to land which is situated
within an urban area”. From a policy perspective, this was an interesting development because it extends the reach of regulatory control to prevent the spread of all
the listed species, irrespective of where they are found.
The first set of Regulations aimed at giving effect to the weed and invader plant
provisions in the Act were passed in 1984 (GNR 1048 GG 9238, 25 May 1984).
These Regulations included a list of approximately 50 species which were
categorised as being either ‘weeds’ or ‘invader plants’. Regulations 15 and
16, which concern problem plants, were amended in March 2001. In this last
‘problem plant’ amendment to the CARA Regulations, the list of plants was
expanded to include many more species (198) and it also categorised them as falling
within one of three categories (GNR 280 GG 22166, 30 March 2001). The
categorisation of the species shows the underlying policy issues which government
has to wrestle with. Whilst category 1 plants were to be very tightly controlled and
no person would be allowed to sell, advertise, exhibit, exchange or dispose of them,
categories 2 and 3 showed some more flexibility because of the utility or value of the
species. In this regard, category 2 species are known to be problematic, but because
of their commercial value or other uses they are allowed in demarcated sites.
Category 3 species include ornamental plants that can be kept, but not propagated.
Interestingly, with regards to category 2 species, a statement made by the then
Minister of Agriculture and Land Affairs, Thoko Didiza, reflected the tension
between wanting to exploit, or wanting to destroy invasive alien species when she
said “The government is fully supportive of the commercial ventures based on these
species, recognizing as it does the important contribution that they make to the
South African economy and the welfare of its people. . . . However, this welfare is
under threat from the significant impacts of alien invasive plants, and we must face
up to, and deal with this problem” (Hanks 2001).
18.6.3 Moving Beyond Plants (1983–)
Another way in which the underlying policy approach was expanded was a new or
increased focus on regulating animals, marine species, and other organisms which
cause disease. In this regard, the Agricultural Pests Act (Act 36 of 1983) and the
Animal Diseases Act (Act 35 of 1984) both provided for the control of the importation of ‘exotic animals’ or parasites and diseases. Regulations passed in 1998 in
terms of the Marine Living Resources Act (Act 18 of 1998)—which has the
18 Biological Invasion Policy and Legislation Development
531