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Environmental Duty of Care: Vegetation

A practical guide for estate agents, residents, tenants, landlords, landowners, property managers, ratepayers, and garden services.

Disclaimer

This is not a legal document, but a practical guide prepared by the Pennington Conservancy based on the current environmental laws (dated March 2024).

TABLE OF CONTENTS

Introduction

Guidelines: if you are ...

Guidelines: if you have ...

Extra Reading

WHAT IS AN ENVIRONMENTAL DUTY OF CARE?

Environmental Duty of Care means that everyone carries a degree of legal responsibility to reduce the risk of environmental degradation and/or non-compliance with regard to the requirements of NEMA¹, NWA², the NFA³ and their associated Regulations.

Failure to comply with the legislation is a criminal offence and authorities are likely to charge offenders and instruct them to remediate the environmental harm done. A new building or home alteration may also be delayed.

WHAT IS THE NATURAL ENVIRONMENT IN PENNINGTON?

In terms of the NBA⁴, Pennington is situated within an endangered eco-system and the natural environment includes the dunes, wetlands, streams, grasslands, forest and all the natural species that lives therein.

Note: A natural forest is a group of indigenous trees whose crowns are largely contiguous.

GUIDELINES: IF YOU ARE ...

1. Buying, selling, or owning land

  • Contact the Pennington Conservancy to have a knowledgeable volunteer do a simple survey of the plot to help you identify the indigenous and alien vegetation and highlight if there are any environmental considerations of which you may need to be aware.
  • If you know your property includes dunes, wetlands, streams, grasslands, protected trees, indigenous trees, or forest within its boundaries, employ an Environmental Consultant to provide a detailed assessment and provide guidance towards the next steps for your property's development. It may be that a full environmental assessment of the property will be required.

2. Building a new home, or doing building alterations

  • Employ an architect and/or builder and discuss the siting of your new home, new fence, or building alteration with them.
  • Contact the Pennington Conservancy for a simple survey of the plot to help identify indigenous and alien vegetation and highlight any environmental considerations.
  • If your property includes sensitive areas (dune, wetland, forest, etc.), employ an Environmental Consultant to provide guidance. A full environmental assessment may be required.

3. Moving into a new home, or already living in Pennington

  • Contact the Pennington Conservancy for a simple survey of the plot to help you identify the indigenous and alien vegetation and highlight if there are any environmental considerations of which you may need to be aware.
  • If your property includes sensitive areas, employ an Environmental Consultant for a detailed assessment and guidance on next steps.

GUIDELINES: IF YOU HAVE ...

1. Invasive alien vegetation

You must remove it. It is always the landowner's responsibility to keep the site free of invasive alien vegetation.

Note: Removal must happen continuously as vegetation growth is not static and the seeds of these plants often lie dormant for years.

2. Garden refuse

Recycle your garden refuse in a compost heap or take your garden refuse to the Umdoni Solid Waste Landfill Site, formally known as "Humberdale" site.⁸

A casual user can take one load of garden waste to the site each week at no cost. The site is open from 07:30-16:00 each day including public holidays.

Note: Illegal dumping and burning of garden refuse is prohibited within the Umdoni Municipality. If you witness dumping or suspicious burning in any open municipal or private spaces, please contact the Umdoni Municipal Environmental Manager⁷ or the Pennington Conservancy with the location and photos for follow up.

3. An indigenous tree standing alone

You must apply for a license from the Umdoni Municipality Environmental Manager⁷ if you wish to trim, prune, damage or destroy it. License application forms can be collected from the Environmental Manager in Park Rynie or can be downloaded from our website.

Note: If permission is granted to remove an indigenous species, an offset of at least 3:1 appropriate trees will be required by the Umdoni Municipality.

4. An indigenous tree standing within a natural forest or woodland

If you want to trim, prune, damage or destroy an indigenous tree standing within a natural forest you must apply for a license from the DFFE⁵. License application forms can be downloaded from the DFFE website (www.dffe.gov.za) or our website.

Note: If permission is granted to remove an indigenous species from a forest, an offset of at least 5:1 appropriate trees will be required by the DFFE.

5. A "protected" indigenous tree standing alone or within a natural forest or woodland

If you want to trim, prune, damage or destroy a "protected” indigenous tree you must apply for a license from the DFFE⁵. License application forms can be downloaded from the DFFE website (www.dffe.gov.za) or our website.

Note: If permission is granted to remove a protected indigenous species from a forest, an offset of at least 10:1 appropriate trees will be required by the DFFE, 5 of which must be the species that is to be removed.

6. A natural water course on your property

If you have a natural water course on your property and you want to 1. store, impede or divert the water, 2. alter the beds, banks, course, or characteristics of a water course, or 3. access groundwater, you must apply for a Water Usage license from the DWS⁶.

Further information can be found at the DWS website (https://www.dws.gov.za/).

CONCLUSION

Development is inevitable but it must go hand-in-hand with the laws created to protect our natural surroundings.

This is for the benefit of present and future generations.

COMMON PLANTS FOUND IN PENNINGTON

10 common "protected" trees found in Pennington ⁹

  • Assegai - Curtisia dentata
  • Black Mangrove - Bruguiera gymnorrhiza
  • Cheesewood - Pittosporum viridiflorum
  • Coast Red Milkwood - Mimusops caffra
  • Henkel's Yellowwood - Podocarpus henkelii
  • Marula - Sclerocarya birrea
  • Outeniqua Yellowwood - Podocarpus falcatus
  • Powderpuff Tree - Barringtonia racemosa
  • Real Yellowwood - Podocarpus latifolius
  • White Milkwood - Sideroxylon inerme

20 indigenous trees found in Pennington ¹⁰

  • Black Bird-berry - Psychotria capensis
  • Cape Fig - Ficus sur
  • Coast Coral Tree - Erythrina caffra
  • Coast Red Milkwood - Mimusops caffra
  • Coast Strangler-fig - Ficus natalensis
  • Coastal Golden Leaf - Bridelia micrantha
  • Cross-berry Raisin - Grewia occidentalis
  • Duiker-berry - Sclerocroton integerrimus
  • Dune Aloe/Red Aloe - Aloe thraskii
  • Flat Crown - Albizia adianthifolia
  • Forest Natal-mahogany - Trichilia dregeana
  • Giant-leafed Fig - Ficus lutea
  • Large-leafed Dragon Tree - Dracaena aletriformis
  • Natal Plum/Big Num-num - Carissa macrocarpa
  • Pigeon Wood - Trema orientalis
  • Turkey-berry - Canthium inerme
  • Umzimbeet - Millettia grandis
  • Water-berry/Umdoni - Syzygium cordatum
  • White Pear - Apodytes dimidiata
  • Wild-date Palm - Phoenix reclinata

30 common alien invasive species found in Pennington ¹¹

Trees

  • Australian Umbrella Tree - Heptapleurum actinophyllum
  • Brazilian Pepper Tree - Schinus terebinthifolius
  • Inkberry/Lekker-breek - Cestrum laevigatum
  • Oleanders - Nerium oleander and Thevetia peruviana
  • Saligna Gum - Eucalyptus grandis
  • Syringa - Melia azedarach

Vines

  • Arrowhead Vine/Goosefoot Vine - Syngonium podophyllum
  • Granadilla Vines - Passiflora spp.
  • Guava and Guavadillas - Psidium spp.
  • Madeira Vine - Anredera cordifolia
  • Morning Glory Vines - Ipomoea spp
  • Queen-of-the-night/Lady-of-the-night - Cereus jamacaru

Shrubs

  • Bugweed/Banga-banga - Solanum mauritianum
  • Senna (e.g. Peanut Butter Cassia) - Senna spp.
  • Lantana - Lantana spp (camara and rosea)
  • Large Thorn Apple - Datura ferox
  • Mexican Sunflower - Tithonia diversifolia (daisy family)
  • Prickly Pear Cactus - Opuntia spp.
  • Tree Daisy - Montanoa hibiscifolia
  • Triffid Weed - Chromolaena odorata
  • Yellow Bells - Tecoma stans

Other

  • Elephant Grass/Napier Fodder - Pennisetum purpureum
  • Four-o'clock - Mirabilis jalapa
  • Giant (Spanish) Reed - Arundo donax
  • Ginger Lilies (red, white & yellow) - Hedychium spp.
  • Indian Shot - Canna indica (all colours)
  • Invading Ageratum & Mexican Ageratum - Ageratum conyoides & Ageratum houstonianum
  • Madagascar Periwinkle - Catharanthus roseus
  • Singapore Daisy - Sphagneticola trilobata
  • Sword Fern - Nephrolepis exaltata
  • Wandering Jew (all varieties) - Tradescantia spp

REFERENCES

  1. The National Environmental Management Act 107 of 1998 (NEMA).
  2. The National Water Act 36 of 1998 (NWA).
  3. The National Forests Act 84 of 1998 (NFA).
  4. The National Biodiversity Assessment (NBA).
  5. The Department of Forestry, Fisheries, and the Environment (DFFE).
  6. The Department of Water & Sanitation (DWS).
  7. The Umdoni Municipality Environmental Manager. Address: 1 Preston Road, Park Rynie.
  8. The Umdoni Solid Waste Landfill Site managed by the Umdoni Municipality. Address: Abrams Farm, turn off the R102 near Abrams Crest and travel for 1 km inland.
  9. List supplied by Sandra Olver (Pennington Conservancy member).
  10. List supplied by Jeff Sandwith (Pennington Conservancy member).
  11. List supplied by Mandy van Prooijen & Adrienne Edgson (Pennington Conservancy members).