PRESERVATION OF FERTILE SOIL REGULATIONS

PRESERVATION OF FERTILE SOIL

SUBSIDIARY LEGISLATION 236.03

PRESERVATION OF FERTILE SOIL REGULATIONS

21st August, 2020

LEGAL NOTICE 342 of 2020.

The title of these regulations is Preservation of Fertile

Soil Regulations.

(1)

In these regulations, "the Act" means the Fertile

Soil (Preservation) Act.

(2) Words and phrases used in these regulations shall have

the same meaning as is assigned to them in the Act.

(1)

An application shall be submitted to the Director

when any person intends to

(a)

transport fertile soil to any site in quantities larger

than one half (½) cubic meter on every single occasion;

(b)

temporarily cover any fertile soil with any layer of

concrete, stones, stone slabs or any other similar material;

(c)

deposit on fertile soil or leave on fertile soil any

structure or structures having an area larger than two (2) square

meters for a period longer than thirty (30) days; or

(d)

undertake an activity which makes fertile soil

unsuitable for agriculture use and for the conduction of an

agriculture activity as defined under the Nitrates Action

Programme Regulations

Provided that, the activities in sub-regulation (1) of regulation 3

shall only be applicable if such activity shall take place in any site

listed in the Schedule to the List of Places where Fertile Soil may be

deposited Notice or within a registered agricultural land in terms of

regulation 13 of the Nitrates Action Programme Regulations.

(2)

An application made under sub-regulation (1) shall be

carried out on the form provided by the Director and shall include and

state in his application

(a)

site plans which indicate

(i)

the site from where that fertile soil is

intended to be removed;

(ii)

the site where fertile soil shall be

temporary covered;

PRESERVATION OF FERTILE SOIL

(iii)

the site where fertile soil is intended to be

deposited;

(iv) the site where any temporary activity shall

take place, which shall render the fertile soil unsuitable

for agriculture use;

(b)

the reason for the removal or the temporary

covering of fertile soil;

(c)

development and, or environmental permits where

applicable;

(d)

the approximate volume or area of fertile soil

which is intended to be removed or affected by the activity;

(e)

the name and address of the contractors engaged

for the works or transportation of such soil where applicable;

(f)

the registration number of the trucks that shall be

used for the transportation of such soil where applicable;

(g)

the manner in which such soil is intended to be

deposited; and

(h)

any other information which the Director may,

from time to time, require by publication in the Gazette.

(1) To be able to implement and enforce regulation 3,

it shall be lawful for the Director, to perform inspections and, or

laboratory analysis to verify whether the soil is suitable or could be

made suitable for purposes of agriculture.

(2)

For the purpose of these regulations, soil shall be

considered suitable or could be made suitable for purposes of

agriculture, based on the suitability of the soil for agriculture purposes

and the ability of the soil to sustain plant growth with the potential to

sustain a consistent crop yield.

(3)

The analysis of the material shall determine

(a)

whether the soil supplies essential plant nutrients

and retain water in adequate amounts and proportions to sustain

plant growth and reproduction;

(b)

the soil pH, salinity and the presence of toxic

substances in concentrations which may impair plant growth.

(4)

The Director may by notice published in the Gazette issue

guidelines and parameters to further define fertile soil.

PRESERVATION OF FERTILE SOIL

(1)

The Director shall issue a notice in writing within

ten (10) working days from when the application in terms of regulation

3 was received, authorising or rejecting the application.

(2)

No transportation or any other activity concerning fertile

soil as stipulated under regulation 3 may be made unless with the

explicit authorisation in writing from the Director.

Any person found guilty of an offence against any

provision of these regulations shall, on conviction, be liable to

penalties established under the Act.