Property sellers: Your lives have just been made more difficult, albeit in the best of causes. NEMBA (The National Environmental Management: Biodiversity Act) imposes onerous duties on landowners and others for the control or eradication of listed plants, animals, birds, fish etc deemed to be invasive (and therefore destructive of our environment, our biodiversity, our livelihoods and our economic development).
Prior written notice to the buyer required.
Now new regulations require you as a property seller to notify the buyer in writing, before conclusion of your sale agreement, “of the presence of listed invasive species on that property.”
Failure to comply will expose you to the risk of both substantial criminal penalties and potential liability to the buyer, but compliance is not going to be a simple matter. The species lists are extensive, with lists of exempted species, prohibited species, and different categories of species requiring eradication, control or application for a permit. To complicate matters even further, some species are subject to different categorisation in different provinces, so for example an invasive plant requiring eradication in one province may require only control in another. “Invasive Species South Africa” have useful lists and other resources on their website http://www.invasives.org.za/ but seek professional help in any doubt and in particular ensure that your sale agreement is correctly worded to protect you.
If you want to get in touch with us to act in respect of any matter stated herein, please send an email to firstname.lastname@example.org
© DotNews, 2005-2013. This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.