agricultural
resources
Conservation of Agricultural Resources Act 43 of 1983
The Conservation of Agricultural Resources Act 43 of 1983 (CARA), managed by the Department of Agriculture, Land Reform, and Rural Development, governs natural agricultural resources like soil, water, and vegetation, excluding weeds and invasive plants.
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CARA seeks to safeguard the productive potential of South Africa’s agricultural land, including measures to manage weeds and invasive plants. However, it does not override the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA). If a plant is classified as alien or invasive under NEMBA, compliance with its provisions is also required.
The CARA Regulations provide for three categories of alien or invasive plants
Category 1
Category 1 plants are prohibited in inland areas and inland water surfaces, and land users are legally obligated to remove them.
Category 2
Category 2 plants are prohibited in inland areas and inland water surfaces unless the land user obtains written permission in the form of a demarcated area authorisation for Category 2 plants.
Category 3
Category 3 plants are prohibited from being grown in inland areas or on inland water surfaces, except for those established before 1984. However, if these plants are within 30 metres of the 50-year flood line, additional obligations apply to the land user.
For more information on your responsibilities relating to weeds and invader plants see regulations 15 – 16 OF THE CARA Regulations.
Cara defines ‘land user’ as:
the owner of land, and includes:
- any person who has a personal or real right in respect of any land in his capacity as fiduciary, fideicommissary, servitude holder, possessor, lessee or occupier, irrespective of whether he resides thereon;
- any person who has the right to cut trees or wood on land or to remove trees, wood or other organic material from land; and
- in relation to land under the control of a local authority, that local authority,
but not a person who carries on prospecting or mining activities.
The CARA regulations impose various obligations on land users regarding land cultivation. For more information, refer to regulations 2–14 of the CARA regulations. Note that CARA does not apply to land zoned as urban areas.