Note - The Control and Eradication of Invasive Species in Urban Areas in terms of South African Law: The City of Cape Town and the Polyphagous Shot Hole Borer Beetles

Authors

  • Marcelle Salmons North West University

DOI:

https://doi.org/10.17159/1727-3781/2022/v25i0a13012

Keywords:

Invasive species, Legal framework, South Arica, City of Cape Town

Abstract

The introduction and prevalence of invasive species is an alarming reality in South Africa. The emergence of invasive species has resulted in harmful consequences on various levels and has adverse impacts on the environment and the economy. Hence, biological invasions demand attention. The control and eradication of invasive species can serve to minimise their adverse impact. In 2019 the South African National Biodiversity Institute highlighted the threats posed by biological invasions in South Africa and specifically identified Polyphagous Shot Hole Borer Beetles as a significant new invasive species in South Africa that has a demonstrable ongoing detrimental impact on varieties of trees. Polyphagous Shot Hole Borer Beetles have been detected in various urban areas in South Africa, including the City of Cape Town. This note briefly examines the control and eradication of invasive species in urban areas in terms of the South African legal framework, specifically against the backdrop of the emergence of the Polyphagous Shot Hole Borer Beetles in the City of Cape Town.

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Author Biography

Marcelle Salmons, North West University

This note is based on the author's LLB dissertation completed in 2021 at the Faculty of Law, North-West University, South Africa. This note was completed while the author was a student researcher at the NRF South African Research Chair in Cities, Law and Environmental Sustainability (CLES), Faculty of Law, North-West University. All views and errors are the author's own

References

Bibliography

Literature

Irlich UM et al ꞌꞌRecommendations for Municipalities to Become Compliant with National Legislation on Biological Invasionsꞌꞌ 2017 ABC 1-11

Kidd M Environmental Law 2nd ed (Juta Cape Town 2017)

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Case law

Minister of Water and Environmental Affairs v Kloof Conservancy [2015] JOL 34755 (SCA)

State v Granada Home Builders CC (Pine Town Magistratesꞌ Court) (unreported) case number 601/02/2017 of 1 September 2017

Legislation

Agricultural Pests Act 36 of 1983

Conservation of Agricultural Resources Act 43 of 1983

Constitution of the Republic of South Africa, 1996

Gauteng General Law Amendment Act 4 of 2005

Limpopo Environmental Management Act 7 of 2003

Mpumalanga Nature Conservation Act 10 of 1998

National Environmental Management Act 107 of 1998

National Environmental Management: Biodiversity Act 10 of 2004

National Environmental Management: Protected Areas Act 57 of 2003

Northern Cape Nature Conservation Act 9 of 2009

Western Cape Nature Conservation Laws Amendment Act 3 of 2000

Government publications

GN R598 in GG 37885 of 1 August 2014

GN 1003 in GG 43726 of 18 September 2020

GN R1020 in GG 43735 of 25 September 2020 (Alien and Invasive Species Regulations, 2020)

GN R725 in GG 44983 of 13 August 2021 (Control Measures Relating to the Polyphagous Shot Hole Borer)

Internet sources

City of Cape Town 2017 Five-Year Integrated Development Plan https://resource.capetown.gov.za/documentcentre/Documents/City%20strate gies,%20plans%20and%20frameworks/IDP%202017-2022.pdf accessed 28 March 2021

City of Cape Town 2019 Local Biodiversity Strategy and Action Plan https://resource.capetown.gov.za/documentcentre/Documents/City%20strategies,%20plans%20and%20frameworks/Biodiversity_Strategy_and_Action_Plan.pdf accessed 12 February 2021

City of Cape Town Invasive Species Unit 2019 Polyphagous Shot Hole Borer Protocol https://www.capetowninvasives.org.za/images/

PSHBorer/PSHB_-_Management_Protocol_28_05_2019_v3.pdf accessed 2 December 2021

Cape Town Invasives date unknown Shot Hole Borer Reporting Tool https://www.capetowninvasives.org.za/shot-hole-borer accessed 2 December 2021

Department of Forestry, Fisheries and the Environment 2014 A National Strategy for Dealing with Biological Invasions in South Africa http://www.invasives.org.za/legislation/what-does-the-law-say#national-strategy accessed 5 May 2021

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Forestry and Agricultural Biotechnology Institute date unknown PSHB Home https://www.fabinet.up.ac.za/pshb accessed 2 December 2021

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International Unit for the Conservation of Nature 2000 IUCN Guidelines for the Prevention of Biodiversity Loss Caused by Alien Invasive Species https://portals.iucn.org/library/efiles/documents/Rep-2000-052.pdf accessed 11 January 2021

Polyphagous Shot Hole Borer date unknown The Problem https://polyphagous-shot-hole-borer.co.za/the-problem/ accessed 2 December 2021

South African National Biodiversity Institute 2021 Minister Creecy Launches Latest Assessment on South Africaꞌs Biological Invasions Report https://bit.ly/3xpCIaz accessed 5 August 2021

South African National Biodiversity Institute and DSI-NRF Centre of Excellence for Invasion Biology 2017 The Status of Biological Invasions and their Management in South Africa https://www.sanbi.org/wpcontent/

uploads/2018/11/National-Status-Report-web-6MB.pdf accessed 5 January 2021

South African National Biodiversity Institute and DSI-NRF Centre of Excellence for Invasion Biology 2019 The Status of Biological Invasions and their Management in South Africa http://opus.sanbi.org/jspui/handle/

500.12143/7560 accessed 5 August 2021

Working for Water date unknown Money Spent https://sites.google.com/site/wfwplanning/money-spent?authuser=0 date accessed 21 December 2021

Published

18-11-2021

How to Cite

Salmons, M. (2021). Note - The Control and Eradication of Invasive Species in Urban Areas in terms of South African Law: The City of Cape Town and the Polyphagous Shot Hole Borer Beetles. Potchefstroom Electronic Law Journal, 25, (Published 18 November 2022) pp 1 – 17. https://doi.org/10.17159/1727-3781/2022/v25i0a13012

Issue

Section

SARChi CLES Series on Cities, Law and Environmental Sustainability

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