New Alien and Invasive Species Regulations (AIS), National Environmental Management: Biodiversity Act (NEMBA), 2004 (Act no 10 of 2004) as published in the Government Gazette, 1 August 2014 and became law on the 1 October 2014.

The Act and Regulations set out various degrees of Invasive species (Plants, Insects, Birds, Animals, Fish and Water Plants) and requires that certain of those invasive species are documented and, in some cases, removed from properties in South Africa. This must happen before a property may be sold.

In order for you to avoid fines and/or imprisonment for non compliance with the Act, both Commercial and Residential properties must be assessed by a qualified Invasive Species Consultant - The assessor must obtain a SAGIC certificate.

The provisions of the Act affecting homeowners include: (emphasis added)

Chapter 5, Part 2, section 73(2)

A person who is the owner of land on which a listed invasive species occurs must notify any relevant competent authority in writing of the listed invasive species occurring on that land.


Regulations: Chapter 7, section 29(1),(2) and (3)

The seller of any immovable property must, prior to the conclusion of the relevant sale agreement, notify the purchaser of that property in writing of the presence of listed invasive species on that property.

The Regulations list 4 categories of invasive species that must be managed, controlled or eradicated from areas where they may cause harm to the environment, or that are prohibited to be brought into South Africa.

Spargo Landscape Consultants can assist you with the following:

  • an assessment of your property to identify the presence of any invasive species listed in the Regulations;

  • removal of invasive species which need to be eradicated;

  • completing and submitting a declaration form to the Department of Environmental Affairs ; and

  • a copy of the declaration form for you to hand to the buyer of your property as required by the Act.

    We look forward to helping you comply with the Act easily and effortlessly. Please do not hesitate to contact us so that we may be of assistance to you in selling your property.

  • We can source Indigenous plants, to replace the Invasive plant Species that you have removed from your property.

Invasive Species are divided into four categories:

* Category 1a: Invasive species which must be combatted and eradicated. Any form of trade or planting is strictly prohibited.

* Category 1b: Invasive species which must be controlled and wherever possible, removed and destroyed. Any form of trade or planting is strictly prohibited.

* Category 2:   Invasive species, or species deemed to be potentially invasive, in that a permit is required to carry out a restricted activity. Category 2 species include commercially imported pine, wattle and gum trees. Plants in riparian areas are a category 1b.

* Category 3:   Invasive species which may remain in prescribed areas or provinces. Further planting, propagating or trade, is however prohibited. Plants in riparian areas are a Category 1b

For more information on Invasive Species and how to fill out a Declaration form please follow this link:

An example of each Category is shown below:

Category 1a: Austrocylindropuntia cylindrical (Cane Cactus)

Invasive Species Cane Cactus NEMBA Category 1a Spargo Landscape Consultants

Category 1b: Lantana (Lantana, Tickberry, Cherry pie)

Lantana NEMBA Category 1b Invasive Species Spargo Landscape Consultants

Category 2: Pinus patula (Patula pine)

Pinus Patula NEMBA category 2 Spargo Landscape Consultants Invasive Species Consultants

Category 3: Callistemon citrinus (Lemon bottle brush)

Callistemon citrinus Invasive Species NEMBA category 3 Spargo Landscape Consultants
For more information see:

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