The Working for Water programme, through the Department of Water Affairs and Forestry, and the Santam / Cape Argus Ukuvuka Campaign have been afforded the opportunity to comment on earlier drafts of this Bill. We would like to commend the Department of Environmental Affairs and Tourism for its work in developing this vital proposed legislation. We would nevertheless like to highlight some earlier comments that we still feel are valid contributions to the Bill.

Invasive alien species are the single biggest threat to biological diversity in our country. If left alone, they will have a devastating impact in the country, region and continent. Their impacts on biological diversity, ecosystem functioning, fire, water security, productive use of land, erosion, disease, trade issues, social interests and life-support systems are unaffordable. It is essential that there be strong, over-arching and enforced legislation, coupled with incentives, education, research and preventative and control measures, to curb the flood of invasives that are threatening to engulf our country.

South Africa needs co-ordination, synergy, efficiency and efficacy in the prevention, control and eradication of invasive alien species. The fragmented nature and weak enforcement of legislation, and the disparate efforts to prevent, control and eradicate invasives, have already cost our country billions of Rands. The Biodiversity Bill offers a real opportunity to craft international best prevention and management practices regarding invasives. This means adopting unambiguous and coherent measures contained within one piece of legislation.

1. Prevention is the single most important aspect of our fight against invasive alien species. It is currently an area of particular concern, for too many people are still entering our country with invasive or potentially invasive plants, animals or microbes. The Bill must allow for stringent measures to prevent invasions, wherever possible. We say, "wherever possible", because it is impossible to seal our borders to invasions. This is one reason why we advocated that the Bill should seek to give the Minister powers to look at our international duty of care, as part of a process to have other countries adopt similar enlightened approaches. An example would be the hitherto uncontrolled sale of seeds of plants known to have invasive properties in other countries.

Recommendation 1: That a clause be inserted stating that, "Unless authorised thereto by the Minister, no person shall export to another state a species known to be invasive."

2. It is important to balance the concern for invasions with the significant benefits that we derive from alien species, from fibre and crops to livestock and pets. We need to ensure that we take adequate protective steps, but we also need to be carefully open to the importation of alien species not in this country. What is necessary there is for a sufficient measure of control over the potential risks of the importation, and an enforceable "user-pays" (or "polluter-pays") approach to accountability for any actual invasions.

The problem with this philosophy is that it often takes decades for alien species to become invasive, and by then those bringing in the species have long since lost effective accountability. We would like to recommend that a clause be added that requires the person or group proposing an introduction to bear the risk, and for this to be underwritten by accredited insurance. The vast bulk of introduced species are brought in for marginal profit, and yet society (including the environment) has to bear the risks and costs. Should we find some alien "wonder crop" that can make a massive difference to the well-being of society, then the Government can underwrite the introduction of these species. But let us prevent the frivolous introductions of species, particularly when there are ethical questions about who benefits and who pays.

Recommendation 2: That a clause be inserted stating that, "The Minister may require those importing alien species into the country to provide financial guarantees to cover possible invasion by the species".

3. The combined use of incentives and disincentives (to achieve goals regarding the prevention, control and eradication of invasives) should also be allowed for, and these can be implemented through regulations. We would like to cite this in partial response to the Forestry Industry who requested that seed pollution be "proven beyond doubt" to be from a particular source. On the contrary, it could be argued that those wishing to persist in utilizing invasive alien species for profit should themselves "prove beyond doubt" that the seed pollution is not from their plantations.

Recommendation 3: That a clause be inserted stating that, "The Minister may make regulations to ensure that the costs of preventing, controlling or eradicating invasive alien species are borne by those who have been responsible for their introduction or who have derived a direct financial or other benefit from them, and to provide measures to encourage persons to prevent, eradicate or control the spread of invasive alien species."

4. Biological control of invasive alien species is an essential ingredient of an integrated approach to the prevention and management of these species. This involves bringing in known enemies of an invasive alien species, and using it to control the spread of the invasives. South Africa is one of the leading countries in the world in the use of bio-control agents. As head of the Working for Water programme, I would like to state emphatically that without biological control, we will not succeed in our quest to control invasive alien plants. The measures taken to ensure safety have meant that there have been no serious problems with bio-control agents in our country. (The years that these scientists spend in ensuring that biological control agents are targeted and safe become a mockery when one considers how ordinary people can waltz into our country with plants, animals and microbes!) Bio-control is probably the safest and most secure option for the long-term control of invasives, and especially plants. When one considers that no invasive plant has ever been eradicated in our country, the importance of a long-term agent to keep the invasive in check is understood. Indeed, it could be required for a would-be importer of an alien species with known invasive properties, that they be required to also bring in a suitable biological control agent.

Recommendation 4: That a specific section be written to ensure the complete co-ordination, facilitation and optimal use of bio-control agents. Thus, for example, there needs to be special allowances for potential bio-control agents held in quarantine. Similarly, there needs to be allowance to assist other countries to seek bio-control agents for South African species that have invaded in their countries (as we would have them do for us). Equally, it will be necessary to allow researchers to grow listed invasives for bio-control research.

5. The provisions allowing for the Minister to ensure the co-ordination and implementation of programmes for the prevention, control and eradication of invasive alien species (S 74(4)) are particularly welcomed. However, it is recommended that the clause "consisting of public servants" be removed from the following clause.

Recommendation 5: That clause 74(5) read, "The Minister may establish an entity to co-ordinate and implement programmes for the prevention, control or eradication of invasive species."

6. The issue of penalties remains a concern. We contend that the section on offences and penalties (s98 and s99) needs to be strengthened to give appropriate weight to the risks associated with illegal behaviour relating to invasive alien species. For example, the careless or even deliberate introduction of an invasive alien species can literally cause hundreds of millions if not billions of Rands of damage, including to trade interests (think of the foot-and-mouth outbreak in the United Kingdom two years’ ago). The scope of penalties must allow for the seriousness of the offence, including considerations such as having to clear all invasives on one’s land, and even of adjacent land onto which they have invaded (which could cost millions of Rands).

Recommendation 6: That the penalties in s99 be increased to reflect the seriousness of the issue, and to act as a deterrent against malicious or negligent introductions.

7. Aligned to the notion of penalties is the requirement for repairing the damage of what has been done. In the case of invasive alien plants, it is accepted practice (and is also written into the regulations of the Conservation of Agricultural Resources Act) that the authorities must have the ability to clear land of invasive alien plants at the risk and cost of the land-owner, should she or he fail to do so. This is allowed for in s72(4).

A logical extension of this proposal is that those who seek to sell or otherwise transfer property infested with invasive alien plants is merely passing on a cost to the new land-owner. This is often not understood, and the subsequent directives to clear the land can greatly prejudice the new land-owner. Care must be taken to ensure that such owners have recourse to the sellers, who should have known of and disclosed the likely cost. A neater way to deal with this is to require a financed management plan to control selected invasives on any land being transferred. This would be similar to a beetle certificate, and would massively enhance our efforts to take control over invasive alien species. It is our experience that many land-owners sit back and wait for Working for Water to clear their mismanaged land. In the field of invasive alien plants, "a stitch in time saves nine", and this provision would probably do more to save tax-payers money on the unavoidable cost of control of these plants, than any other.

Recommendation 7: That a clause be added that allows the Minister to consider requiring land to have a financed management plan to control selected invasive alien species prior to it being possible to transfer the ownership of the land.

8. The independence of those providing risk assessments and expert evidence (s86) is a matter of concern. The authorities, and not the applicants, should choose these experts, at the expense of the applicants. The risk of so-called "sweetheart reports" will be significantly reduced should this be done.

Recommendation 8: That the authorities choose the experts to conduct risk and impact assessments of proposed introductions of alien species, at the cost of the proponents.

We thank you for this opportunity, and wish to end with the following caution. Every time we allow a new alien species into our country, we gamble. Most of the time, it is a blind gamble, for predicting invasions is extremely difficult. We must be convinced that the gamble is worthwhile, and that it is in the broad interests of the country, rather than in the selfish financial (or other) interests of the proponents.