Alien and invasive species permits application process for the carrying out of restricted activities
Alien and invasive species (AIS) permits application process for the carrying out of restricted activities in terms of the National Environmental Management: Biodiversity Act 2004 (No. 10 of 2004) and its Alien and Invasive Species Regulations, 2014 (as amended)
The National Environmental Management: Biodiversity Act (NEMBA), 2004 (Act No. 10 of 2004): Alien and Invasive Species (AIS) Regulations, 2014 (as amended) came into force on 01 October 2014. The purpose of the Regulations are to prevent the unauthorised and uncontrolled introduction and spread of invasive species to ecosystems and habitats where they do not naturally occur, to prevent or minimise harm to the environment and to biological diversity in particular, and where possible and appropriate, eradicate invasive species that may cause such harm.
Part 1: AIS permits application process outlined>
Category 2 listed invasive species
Category 2 Listed Invasive Species are those species listed by Notice in terms of section 70(1)(a) of NEMBA as species which require a permit to carry out a restricted activity within an area specified in the Notice or an area specified in the permit.
- Who may apply for a permit?
Any person may in terms of section 88(1) of the NEMBA apply for a permit. A person who wants to conduct any restricted activities with Category 2 listed invasive species or alien species (new introductions).
Download permit applications form:
www.environment.gov.za – Search AIS Permit Application form
- Restricted activities according to AIS Regulations
Restricted activities in relation to a specimen of an alien species or listed invasive species, means-
- Importing into the Republic, including introducing from the sea, any specimen of an alien or listed invasive species;
- Having in possession or exercising physical control over any specimen of an alien or listed invasive species;
- Growing, breeding or in any other way propagating any specimen of an alien or listed invasive species or causing it to multiply;
- Conveying, moving or otherwise translocating any specimen of an alien or listed invasive species;
- Selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of an alien or listed invasive species;
- Spreading or allowing the spread of any specimen of a listed invasive species.
- Releasing any specimen of a listed invasive species;
- The transfer or release of a specimen of a listed invasive fresh-water species from one discrete catchment system in which it occurs, to another discrete catchment system in which it does not occur; or, from within a part of a discrete catchment system where it does occur to another part where it does not occur as a result of a natural or artificial barrier;
- Discharging of or disposing into any waterway or the ocean, water from an aquarium, tank or other receptacle that has been used to keep a specimen of an alien or a listed invasive species;
- Catch and release of a specimen of a listed invasive fresh-water fish or listed invasive fresh-water invertebrate species;
- The introduction of a specimen of an alien or a listed invasive species to off-shore islands;
- The release of a specimen of a listed invasive fresh-water fish species, or of a listed invasive fresh-water invertebrate species, into a discrete catchment system in which it already occurs.
A person may apply by submitting an application form to the relevant Issuing Authority. An application form must be accompanied by the following documents for the application to be processed:
- A copy of the current permit (only if requesting a renewal or amendment)
- A certified copy of the applicant’s Identity Document
- A Risk Assessment report
- Proof of payment
Upon receipt of the application the Issuing Authority will process the application within 60 working days.
- Applicable fees for permits and banking details:
- Importing into the country - R200
- All restricted activities - R100
- Renewal of permit - R50
- Appeals - R50
Payments should be made via direct deposit or EFT:Bank: ABSA
Account Name: Department of Environmental Affairs
Account Number: 40- 7981-6531
Branch Name: Pretoria
Branch Code: 632005
Please use initials and surname as reference number on the bank deposit slip or EFT payment. The following should be included as your reference number:
- Reference number for Flora applications: 35142401
- Reference number for Fauna applications: 35142101
- Where to submit applications?
Permit applications can be submitted by:
- Hand Delivery – Issuing Authority: Biosecurity Directorate; 14 Loop Street (4th Floor); Department of Environmental Affairs; Cape Town; 8001. Post – Issuing Authority: Biosecurity Directorate; Private Bag X 4390; Department of Environmental Affairs; Cape Town; 8000
- E-mail – AISpermits@environment.gov.za
- Fax – 086 604 4080
- Tel for more information: 021 441 2812/2748
- Monday - Friday: 07: 30 to 16: 00
- Weekends and public holidays: closed
- 25 December – 1 January: Departmental downtime (Christmas Holiday Season)
Part 2: offences and penalties
The person is guilty of an offence if that person contravenes or fail to comply with the provision of the act. Some of the contraventions include:
- Carry out restricted activity without a permit;
- Contravening a notice published as a moratorium (prohibition);
- Non-compliance with permit conditions;
- Permits or allows any other person to do, or to omit to do, anything that is an offence in terms of the provisions of the act.
- Fabricates or forges any documents for the purposes of passing it as a permit;
- Fraudulently alters any permit; and
- Making a false statement to obtain a permit.
A person who contravenes or fails to comply with the provision of the Regulations is guilty of an offence and is liable, upon conviction;
- Fine not exceeding R5 million, in the case of second or subsequent conviction, a fine not exceeding R10 million; or
- Imprisonment not exceeding 10 years;
- Both such fine and imprisonment.
Part 3: renewals and lost permits
The holder of a permit may, before the expiry of the period for which a permit was issued, apply in writing to the Issuing Authority that issued the permit for renewal. This application should be submitted at least sixty (60) days before the current permit expires and the applicant must attached a copy of the old permit.
If the current permit holder loses the permit issued, he/she needs to draft an affidavit that should be signed by the commissioner of oath. The affidavit should include the permit number and state that it was lost. The permit holder then needs to send the application via the various methods of applying with the affidavit attached to the Issuing Authority which will then issue another permit at no cost.
Part 4: applicable legislation and forms
- National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004): Alien and Invasive Species Regulations [G 43735 – GoN 1020]
- National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004): Alien and invasive species lists, 2020 [G 43726 – GoN 1003]
- National Environmental Management: Biodiversity Act, 2004 (Act 10 of 2004)