Invasive trees you must remove in KZN.
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The short answer
The Biodiversity Act lists invasive plants in four categories. If a Category 1b tree grows on land you control in KZN, the law says you must control it: take it out and keep it from coming back. No one may plant, sell or give away a listed invader without a permit.
The four categories, in plain words
- Category 1a. Must be combatted or eradicated. The person in control must act immediately and let officials inspect.
- Category 1b. Must be controlled. You may keep a plant only while you control it. You may not plant, grow, move, sell or give it away.
- Category 2. Allowed only with a permit, in a set area such as a plantation, and it may not spread beyond it. Outside that area it counts as Category 1b.
- Category 3. You may keep plants you already have, but you may not plant, grow, move or sell more. In a riparian area (along a river or stream) it counts as Category 1b.
The current lists and regulations came into force on 1 March 2021. Some trees have different categories in different provinces, or in towns, so always read the KZN entry.
Listed trees you may have in a KZN garden
| Tree | Botanical name | In KZN |
|---|---|---|
| Syringa | Melia azedarach | 1b; 3 in urban areas |
| Brazilian pepper tree | Schinus terebinthifolius | 1b |
| Camphor tree | Cinnamomum camphora | 1b (heritage trees excluded) |
| Indian laurel | Litsea glutinosa | 1b |
| Bugweed | Solanum mauritianum | 1b |
| Australian cabbage tree | Schefflera actinophylla | 1b |
| Chinese wax-leaved privet | Ligustrum lucidum | 1b |
| Yellow bells | Tecoma stans | 1b |
| Orchid tree | Bauhinia variegata | 1b |
| Jacaranda | Jacaranda mimosifolia | 1b; not listed in urban areas |
| Horsetail tree | Casuarina equisetifolia | 2 |
| Leucaena | Leucaena leucocephala | 2 |
| Guava | Psidium guajava | 3; 2 in plantations |
| White mulberry | Morus alba | 3 |
This is not the whole list. Lantana, a shrub, is Category 1b too. For anything else, check the official list.
Several of these have fleshy fruit that birds eat and spread. A 2022 study of bird-spread invaders named camphor tree, Brazilian pepper tree, white mulberry and lantana among those to deal with first.
What owners must do
- Control Category 1b trees on land you own or manage. For a tree, that usually means cutting it out and pulling seedlings as they come up.
- Let officials inspect if they ask to.
- Do not plant, sell, give away or move a listed invader. Dead plants are exempt, and you may cart cut material away to be disposed of.
- Expect a plan to be asked for. The Minister may require a Category 1b control plan for a property.
Breaking the regulations can mean a fine of up to R5 million, up to five years in prison, or both. For a second offence it is up to R10 million and ten years.
Selling a property
Many articles still say a seller must tell the buyer in writing about listed invasive plants before the sale. That rule was in the 2014 regulations. The 2020 regulations, which replaced them on 1 March 2021, do not repeat it.
The duty to control Category 1b plants sits with whoever controls the land, so the buyer takes it over. Telling the buyer in writing is still wise. Ask your conveyancer what the offer to purchase should say.
If a permit covers a listed plant on the land, it can be transferred to the new owner, who must tell the issuing authority within 30 days.
What to plant instead
Replace what you take out with an indigenous tree. See trees for coastal gardens and trees for small gardens.
Questions
- Is syringa illegal in KZN?
- Syringa (Melia azedarach) is Category 1b, and Category 3 in urban areas. In town you may keep an existing tree but not plant, move or sell one. Elsewhere, and along rivers and streams, it must be controlled.
- Do I need a permit to cut down an invasive tree?
- No. Controlling a listed invader on your own land is a duty, not a restricted activity. A tree on the verge still needs the municipality's written permission, so check first.
- Must I tell a buyer about invasive plants when I sell?
- The 2014 rule that made this compulsory was replaced in 2021, and the 2020 regulations do not repeat it. The buyer inherits the duty to control Category 1b plants, so telling them in writing is still wise.
Sources
- Alien and Invasive Species Lists, 2020, Government Notice 1003, Gazette 43726. Department of Forestry, Fisheries and the Environment.
- Alien and Invasive Species Regulations, 2020, Government Notice R. 1020, Gazette 43735. South African Government.
- Commencement of the 2020 lists and regulations on 1 March 2021, Notice 115, Gazette 44182. South African Government.
- Selling your property and the (2014) Alien and Invasive Species Regulations. Polity.
- An impact assessment of alien invasive plants in South Africa generally dispersed by native avian species (NeoBiota 74, 2022). Bitani, Shivambu, Shivambu and Downs.
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