(a) spreading or allowing the spread of, any specimen of a listed invasive species;
(b) releasing any specimen of a listed invasive species;
(c) the transfer or release of a specimen of a listed invasive fresh-water species from
one discrete catchment system in which it occurs, to another discrete catchment
system in which it does not occur; or, from within a part of a discrete catchment
system where it does occur to another part where it does not occur as a result of a
natural or artificial barrier;
(d) discharging of or disposing into any waterway or the ocean, water from an
aquarium, tank or other receptacle that has been used to keep a specimen of an
alien species or a listed invasive freshwater species;
(e) catch and release of a specimen of a listed invasive fresh-water fish or listed
invasive freshwater invertebrate species;
(f) the introduction of a specimen of an alien or listed invasive species to off-shore
islands; or
(g) the release of a specimen of a listed invasive fresh-water fish species, or of a
listed invasive fresh water invertebrate species into a discrete catchment system
in which it already occurs (regulation 6).
Any person who wants to undertake a restricted activity involving a listed species
is generally subject to some form of control. In the case of alien species a permit will
be required to undertake the restricted activity (section 65) unless the species has
been exempted (section 66 and Listing Notice 2), or the Minister has prohibited the
activity in respect of the species completely (section 67 and Listing Notice 4).
Invasive species are subject to more stringent forms of control owing to the impact
and actual harm that they cause (King et al. 2018). However navigating the requirements in respect of invasive species is more complex because of the way in which
the Lists are drafted. In summary, invasive species are categorised in the Lists as
falling within category 1a, 1b, 2 or 3. The reasoning behind the categories can be
gleaned from the Regulations (regulations 2–5) which make it clear that the different
categories relate to the degree to which the invasive species is considered to be
problematic and the corresponding level of control that is considered to be appropriate for managing the problem. Species that are the most problematic—those
falling in categories 1a and 1b—are subject to tighter forms of control than those
which present the least threat—category 3. In a slight over-simplification, the
approach to control in respect of each of the categories is:
• category 1a: the species must immediately be combatted and eradicated by the
person in control of the species [this has been interpreted by some to mean a
nation-wide eradication attempt is mandated, e.g. Wilson et al. (2013)];
• category 1b: the species must be controlled by the person in control of the species;
• category 2: a permit must be obtained to undertake a restricted activity; and
• category 3: these species are either exempt which means that restricted activities
can be undertaken without a permit; or they are totally prohibited.
Like the CARA list, the development of categories under the Biodiversity Act
creates a conflict between economic and environmental concerns. In this regard, the
late Minister of Environmental Affairs, Edna Molewa, said “. . . the most difficult
18 Biological Invasion Policy and Legislation Development
539
(b) releasing any specimen of a listed invasive species;
(c) the transfer or release of a specimen of a listed invasive fresh-water species from
one discrete catchment system in which it occurs, to another discrete catchment
system in which it does not occur; or, from within a part of a discrete catchment
system where it does occur to another part where it does not occur as a result of a
natural or artificial barrier;
(d) discharging of or disposing into any waterway or the ocean, water from an
aquarium, tank or other receptacle that has been used to keep a specimen of an
alien species or a listed invasive freshwater species;
(e) catch and release of a specimen of a listed invasive fresh-water fish or listed
invasive freshwater invertebrate species;
(f) the introduction of a specimen of an alien or listed invasive species to off-shore
islands; or
(g) the release of a specimen of a listed invasive fresh-water fish species, or of a
listed invasive fresh water invertebrate species into a discrete catchment system
in which it already occurs (regulation 6).
Any person who wants to undertake a restricted activity involving a listed species
is generally subject to some form of control. In the case of alien species a permit will
be required to undertake the restricted activity (section 65) unless the species has
been exempted (section 66 and Listing Notice 2), or the Minister has prohibited the
activity in respect of the species completely (section 67 and Listing Notice 4).
Invasive species are subject to more stringent forms of control owing to the impact
and actual harm that they cause (King et al. 2018). However navigating the requirements in respect of invasive species is more complex because of the way in which
the Lists are drafted. In summary, invasive species are categorised in the Lists as
falling within category 1a, 1b, 2 or 3. The reasoning behind the categories can be
gleaned from the Regulations (regulations 2–5) which make it clear that the different
categories relate to the degree to which the invasive species is considered to be
problematic and the corresponding level of control that is considered to be appropriate for managing the problem. Species that are the most problematic—those
falling in categories 1a and 1b—are subject to tighter forms of control than those
which present the least threat—category 3. In a slight over-simplification, the
approach to control in respect of each of the categories is:
• category 1a: the species must immediately be combatted and eradicated by the
person in control of the species [this has been interpreted by some to mean a
nation-wide eradication attempt is mandated, e.g. Wilson et al. (2013)];
• category 1b: the species must be controlled by the person in control of the species;
• category 2: a permit must be obtained to undertake a restricted activity; and
• category 3: these species are either exempt which means that restricted activities
can be undertaken without a permit; or they are totally prohibited.
Like the CARA list, the development of categories under the Biodiversity Act
creates a conflict between economic and environmental concerns. In this regard, the
late Minister of Environmental Affairs, Edna Molewa, said “. . . the most difficult
18 Biological Invasion Policy and Legislation Development
539