Department of agriculture




Yüklə 0.74 Mb.
səhifə1/5
tarix21.04.2016
ölçüsü0.74 Mb.
  1   2   3   4   5
GNR.1048 of 25 May 1984:  Regulations

DEPARTMENT OF AGRICULTURE



as amended

 







Notice

Government Gazette

Date

R.2687

10029

6 December 1985

R.280

22166

30 March 2001

The Deputy Minister of Agriculture, acting on behalf of the Minister of Agriculture, has under section 29 of the Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983), made the regulations in the Schedule.

SCHEDULE


ARRANGEMENT OF REGULATIONS

 




1.

Definitions

2.

Cultivation of virgin soil

3.

Cultivation of land with a slope

4.

Protection of cultivated land against erosion through the action of water

5.

Protection of cultivated land against erosion through the action of wind

6.

Prevention of waterlogging and salination of irrigated land

7.

Utilisation and protection of vleis, marshes, water sponges and water courses

8.

Regulating of the flow pattern of run-off water

9.

Utilisation and protection of veld

10.

Grazing capacity of veld

11.

Number of animals that may be kept on veld

12.

Prevention and control of veld fires

13.

Restoration and reclamation of eroded land

14.

Restoration and reclamation of disturbed or denuded land

15.

Declared weeds and invader plants

15A.

Combating of category 1 plants

15B.

Combating of category 2 plants

15C.

Combating of category 3 plants

15D.

Designation of biological control reserves

15E.

Methods of control

15F.

Application of other laws

16.

Control of weeds and invader plants

17.

Manner of serving

18.

Evidence of serving of directions

19.

Inaugural meeting

20.

Calling of meetings

21.

Quorum for meetings

22.

Chairman at meetings

23.

Reconsideration of certain resolutions

24.

Attendance of meetings

25.

Minutes of meetings

26.

Disposal of documents

27.

Demarcation of areas to which directions apply

28.

Indication of position of soil conservation works

29.

Submission of appeals

30.

Hearing and questioning of appellants

31.

Address for lodging of appeals

32.

Address of executive officer

33.

Commencement

Table 1

Areas within which the cultivation of certain soils with slopes are restricted

Table 2

Large stock unit equivalents of grazing animals

Table 3

Declared weeds

Table 4

Declared invader plants



1.   Definitions.—Any word or expression in these regulations to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates—

biological control” means the use of natural enemies of category 1, 2 and 3 plants to control such plants;

[Definition of “biological control” inserted by GNR.280 of 2001.]

biological control agent” means a natural enemies of category 1, 2 or 3 plants that is used to control such plants;

[Definition of “biological control agent” inserted by GNR.280 of 2001.]

biological control expert” means an academic or research institute or an academic or research organisation established by legislation which, or a person associated with or in the employment of such an institute or organisation who, practises and researches biological control of category 1, 2 or 3 plants;

[Definition of “biological control expert” inserted by GNR.280 of 2001.]

biological control reserve” means an area designated by the executive officer in terms of regulation 15D of the regulations for the breeding of biological control agents;

[Definition of “biological control reserve” inserted by GNR.280 of 2001.]

bush encroachment” means stands of plants of the kinds specified in column 1 of Table 4 where individual plants are closer to each other than three times the mean crown diameter;

[Definition of “bush encroachment” inserted by GNR.280 of 2001.]

category 1 plants” means plants of the kinds specified as category 1 in column 3 of Table 3 opposite the names of the respective kinds of plants;

[Definition of “category 1 plants” inserted by GNR.280 of 2001.]

category 2 plants” means plants of the kinds specified as category 2 in column 3 of Table 3 opposite the names of the respective kinds of plants;

[Definition of “category 2 plants” inserted by GNR.280 of 2001.]

category 3 plants” means plants of the kinds specified as category 3 in column 3 of Table 3 opposite the names of the respective kinds of plants;

[Definition of “category 3 plants” inserted by GNR.280 of 2001.]

control” means to combat category 1, 2 and 3 plants by means of the methods prescribed in regulation 15E to the extent necessary to prevent or to contain the occurrence, establishment, growth, multiplication, propagation, regeneration and spreading such plants;

[Definition of “control” inserted by GNR.280 of 2001.]

demarcated area” means an area of land approved by the executive officer in terms of regulation 15B of the regulations for the occurrence, establishment and maintenance of category 2 plants;

[Definition of “demarcated area” inserted by GNR.280 of 2001.]

environment conservation regulations” means regulations in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), as published by Government Notice No. R.1182 of 5 September 1997, as amended from time to time, or similar regulations promulgated under legislation administered by the Department of Environmental Affairs and Tourism;

[Definition of “environment conservation regulations” inserted by GNR.280 of 2001.]

excessive soil loss” means the loss of soil through erosion that in the opinion of the executive officer exceeds the norm which he deems tolerable in a given situation with due regard to the relevant natural factors and farming practices;

extension office” means an office of the department established with a view to the rendering of agricultural extension services;

farm unit” means one or more pieces of land, each of which is registered separately in a deeds office, and which is farmed as a single unit;

flood area”, in relation to a water course, means the area which in the opinion of the executive officer is flooded by the flood water of that water course during a 1-in-10 years flood;

propagating material” means any material of a plant that can be used for the propagation of that plant;

[Definition of “propagating material” inserted by GNR.280 of 2001.]

run-off water” means excess surface water resulting from rain;

secretary”, in relation to a conservation committee, means a person appointed in terms of section 15 (10) of the Act to act as secretary for that conservation committee;

sell” includes agree to sell, or offer, advertise, keep, exhibit, send, consign, convey or deliver for sale, or exchange for anything or dispose of or deliver to any other person in any manner, whether for a consideration or otherwise; and “sold” and “sale” have corresponding meanings;

[Definition of “sell” inserted by GNR.280 of 2001.]

slope”, in relation to a specified portion of land on a farm unit, means the vertical difference in height between the highest and the lowest points of that portion of land, expressed as a percentage of the horizontal distance between those two points;

the Act” means the Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983);

veld” means land which is not being or has not been cultivated and on which indigenous vegetation, or other vegetation which in the opinion of the executive officer is or can be utilised as grazing for animals, occurs;

[Definition of “veld” amended by GNR.280 of 2001.]

waterway” means an artificial flow path constructed on land in order to carry away run-off water without causing excessive soil loss; and

[Definition of “waterway” amended by GNR.280 of 2001.]

wetland” means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.

[Definition of “wetland” inserted by GNR.280 of 2001.]

PART I
CONTROL MEASURES



2.   Cultivation of virgin soil.—(1)  Except on authority of a written permission by the executive officer, no land user shall cultivate any virgin soil: Provided that such authority shall not be required in respect of virgin land for which an approval has been granted in terms of section 4A of the Forest Act, 1972 (Act Repealed by Act 50 of 1996.68 of 1972).

(2)  An application for a permission referred to in subregulation (1) shall be made on a form obtainable from an extension office for this purpose.

(3)  Such application form shall be completed by the land user of the farm unit on which such virgin soil is situated and shall be lodged at the extension office for the area within which the farm unit concerned is situated at least three months prior to the intended date of cultivation.

(4)  An officer may, for the purposes of an investigation deemed necessary to consider such application, direct a land user to dig such soil profile pits as such officer may determine and to take such other steps as that officer may determine.



3.   Cultivation of land with a slope.—(1)  Except on authority of a written permission by the executive officer, no land user shall cultivate any land if it—

(a)

has a slope of more than 20 per cent; or

(b)

has a slope of more than 12 percent, is situated in an area specified in column 1 of Table 1, consists mainly of soil of a soil form and soil series respectively specified in columns 2 and 3 of the said Table opposite the area concerned and, if applicable, has such physical properties as may be specified in column 4 of the said Table opposite the soil series concerned.

(2)  The prohibition contained in subregulation (1) (a) shall not apply in respect of land which is under cultivation on the date of commencement of these regulations, provided it is already protected effectively in terms of regulation 4 against excessive soil loss due to erosion through the action of water.

(3)  The provisions of regulations 2 (2), (3) and (4) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (1).

4.   Protection of cultivated land against erosion through the action of water.—(1)  Every land user shall by means of as many of the following measures as are necessary in his situation, protect the cultivated land on his farm unit effectively against excessive soil loss as a result of erosion through the action of water:

(a)

A suitable soil conservation work shall be constructed and thereafter be maintained in order to divert run-off water from other land or to restrict the run-off speed of run-off water.

(b)

The land concerned shall be cultivated in accordance with such method or be laid out in such manner that the run-off speed of run-off water is restricted.

(c)

The land concerned shall be utilised in accordance with a crop rotation system.

(d)

Alternate strips on which a cover crop occurs shall be left undisturbed annually.

(e)

Crop residues and other plant material shall be left on the land concerned, or shall be utilised as grazing or otherwise be removed only to such an extent that the remaining portion thereof will be sufficient to form a mulch.

( f )

A suitable grazing crop shall be established on the land concerned, whereafter it shall be permanently withdrawn from cultivation.

(2)  If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to protect cultivated land effectively against excessive soil loss as a result of erosion through the action of water, he may direct such land user in writing to apply such additional measures as the executive officer may determine.



5.   Protection of cultivated land against erosion through the action of wind.—(1)  Every land user shall by means of as many of the following measures as are necessary in his situation, protect the cultivated land on his farm unit effectively against excessive soil loss as a result of erosion through the action of wind:

(a)

The land concerned shall be cultivated in accordance with such method or be laid out in such manner that the surface movement of soil particles through the action of wind is restricted.

(b)

Strips of natural vegetation shall be left at right angles to the prevailing wind direction, a suitable wind break shall be constructed or suitable vegetation shall be established to serve as a wind break.

(c)

The land concerned shall be utilised in accordance with a crop rotation system.

(d)

Alternate strips on which a cover crop occurs shall be left undisturbed annually.

(e)

The land concerned shall not be left fallow.

( f )

The cultivation and grazing of the land concerned during periods of high winds shall be avoided.

(g)

The establishing of crops of which the harvesting causes the disturbance of the topsoil shall be avoided.

(h)

Crop residues and other plant material shall be left on the land concerned, or shall be utilised as grazing or otherwise be removed only to such extent that the remaining portion thereof will be sufficient to form a mulch.

(i)

A suitable grazing crop shall be established on the land concerned, whereafter it shall be permanently withdrawn from cultivation.

( j)

A suitable soil conservation work shall be constructed and thereafter be maintained in order to restrict the surface movement of soil particles through the action of wind.

(2)  If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to protect cultivated land effectively against excessive soil loss as a result of erosion through the action of wind, he may direct such land user in writing to apply such additional measures as the executive officer may determine.



6.   Prevention of waterlogging and salination of irrigated land.—(1)  Every land user shall by means of as many of the following measures as are necessary in his situation, protect the irrigated land on his farm unit effectively against waterlogging and salination:

(a)

Feeder channels, irrigation furrows and storage and catchment dams for irrigation water shall be made impermeable.

(b)

The land concerned shall not be irrigated excessively or with water with too high a salt content.

(c)

A suitable soil conservation work shall be constructed and thereafter be maintained in order to draw off excess surface and subterranean water and to dispose thereof safely to prevent the waterlogging and salination of lower lying land.

(d)

Fertilizer which could contribute towards salination shall not be applied.

(e)

If the land concerned shows signs of salination, a suitable soil ameliorant shall be applied in order to improve the production potential of that land.

(2)  If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to protect irrigated land effectively against warterlogging or salination, he may direct such land user in writing to apply such addition measures as the executive officer may determine.



7.   Utilisation and protection of vleis, marshes, water sponges and water courses.—(1)  Subject to the provisions of the Water Act, 1956 (Act 54 of 1956), and subregulation (2) of this regulation, no land user shall utilise the vegetation in a vlei, marsh or water sponge or within the flood area of a water course or within 10 metres horizontally outside such flood area in a manner that causes or may cause the deterioration of or damage to the natural agricultural resources.

(2)  Every land user shall remove the vegetation in a water course on his farm unit to such an extent that it will not constitute an obstruction during a flood that could cause excessive soil loss as a result of erosion through the action of water.

(3)  Except on authority of a written permission by the executive officer, no land user shall—

(a)

drain or cultivate any vlei, marsh or water sponge or a portion thereof on his farm unit; or

(b)

cultivate any land on his farm unit within the flood area of a water course or within 10 metres horizontally outside the flood area of a water course.

(4)  The prohibition contained in subregulation (3) shall not apply in respect of—

(a)

a vlei, marsh or water sponge or a portion thereof that has already been drained or is under cultivation on the date of commencement of these regulations, provided it is not done at the expense of the conservation of the natural agricultural resources; and

(b)

land within the flood area of a water course or within 10 metres horizontally outside the flood area of a water course that is under cultivation on the date of commencement of these regulations, provided it is already protected effectively in terms of regulation 4 against excessive soil loss due to erosion through the action of water.

(5)  The provisions of regulation 2 (2), (3) and (4) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (3).

8.   Regulating of the flow pattern of run-off water.—(1)  Subject to the provisions of the Water Act, 1956 (Act 54 of 1956), no land user shall in any manner whatsoever divert any run-off water from a water course on his farm unit to any other water course, except on authority of a written permission by the executive officer.

(2)  The provisions of subregulation (1) shall not apply in respect of run-off water that is diverted from one water course to another in terms of the provisions of a water run-off control plan approved by the department.

(3)  The provisions of regulation 2 (2) and (3) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (1).

(4)  No land user shall effect an obstruction that will disturb the natural flow pattern of run-off water on his farm unit or permit the creation of such obstruction unless the provision for the collection, passing through and flowing away of run-off water through, around or along that obstruction is sufficient to ensure that it will not be a cause for excessive soil loss due to erosion through the action of water or the deterioration of the natural agricultural resources.

(5)  No land user shall remove or alter an obstruction in the natural flow pattern of run-off water on his farm unit if such removal or alteration will result in excessive soil loss due to erosion through the action of water or the deterioration of the natural agricultural resources.

9.   Utilisation and protection of veld.—(1)  Every land user shall by means of as many of the following measures as are necessary in his situation, protect the veld on his farm unit effectively against deterioration and destruction:

(a)

The veld concerned shall be utilised in alternating grazing and rest periods with due regard to the physiological requirements of the vegetation thereon.

(b)

Animals of different kinds shall be kept on the veld concerned.

(c)

The number of animals kept on the veld concerned shall be restricted to not more than the number of large stock units that may be kept thereon in terms of regulation 11.

(d)

A suitable soil conservation work shall be constructed and thereafter be maintained in order to—

(i)


utilise the veld concerned in alternating grazing and rest periods;

(ii)


protect the veld concerned against excessive soil loss as a result of erosion through the action of water or wind; or

(iii)


collect sediment from run-off water.

(e)

If the veld concerned shows signs of deterioration—

(i)


the number of animals kept thereon shall be suitably reduced;

(ii)


the portions showing signs of deterioration shall be withdrawn from grazing until they have recovered sufficiently; or

(iii)


a suitable grazing crop shall be established thereon in addition to the existing vegetation.

( f )

In the case of veld that is subject to erosion through the action of wind—

(i)


a suitable wind break shall be constructed or suitable vegetation shall be established to serve as a wind break; or

(ii)


the denuded portions shall be covered with branches, hay, straw, crop residues or any other suitable material.

(2)  If the executive officer is satisfied that the measures applied by a land user in a particular case in terms of subregulation (1) are not sufficient to protect veld effectively against deterioration or destruction, he may direct such land user in writing to apply such additional measures as the executive officer may determine.


  1   2   3   4   5


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə