A practical guide for estate agents, residents, landlords, and developers in Pennington regarding compliance with South African environmental legislation.
Disclaimer
This document is a practical guide prepared by the Pennington Conservancy based on environmental laws (NEMA, NWA, NFA). It does not replace official legal counsel.
WHAT IS ENVIRONMENTAL DUTY OF CARE?
Environmental Duty of Care is the legal responsibility carried by every citizen to prevent environmental degradation. It requires compliance with the National Environmental Management Act (NEMA), the National Water Act (NWA), and the National Forests Act (NFA).
Failure to comply is a criminal offence. Authorities may prosecute offenders and issue directives to remediate environmental harm. Non-compliance can also halt building projects or property transfers.
PENNINGTON'S NATURAL STATUS
According to the National Biodiversity Assessment (NBA), Pennington is situated within an endangered ecosystem. Protected features include coastal dunes, wetlands, streams, grasslands, and coastal forests.
Definition: A "natural forest" is defined as a group of indigenous trees whose crowns are largely contiguous (touching).
GUIDELINES FOR PROPERTY OWNERS
1. Buying, Selling, or Owning Land
Contact the Pennington Conservancy for a preliminary site survey. We can help identify indigenous vs. alien vegetation and flag potential environmental sensitivities.
If the property contains dunes, wetlands, or forests, you may need to employ an Environmental Consultant to conduct an assessment before any development begins.
2. Building or Alterations
Discuss the siting of new structures (including fences) with your architect to minimize environmental impact.
Ensure all necessary permits (Municipality, DFFE) are in place before clearing any vegetation.
3. Moving into a New Home
Identify the plants in your garden. We can assist in distinguishing between protected indigenous trees and invasive weeds that legally must be removed.
VEGETATION MANAGEMENT
1. Invasive Alien Vegetation
By law, landowners must remove invasive alien plants. These species outcompete local flora and deplete water resources.
Tip: Removal is an ongoing process. Many seeds lie dormant for years. Check our AIP Guide for identification.
2. Garden Refuse
Dispose of garden refuse responsibly. Use the Umdoni Solid Waste Landfill Site (formerly "Humberdale").
Cost: Casual users can dump one load per week for free. Open 07:30-16:00 daily.
Warning: Illegal dumping and burning of garden refuse is prohibited. Report offenders to the Umdoni Municipal Environmental Manager.
3. Indigenous Trees (Standalone)
To trim, prune, or remove an indigenous tree standing alone (not in a forest), you must apply for a license from the Umdoni Municipality Environmental Manager.
Offset: If removal is permitted, you will typically be required to plant 3 indigenous trees for every 1 removed (3:1 offset).
4. Indigenous Trees (Natural Forest)
Trees within a natural forest are protected by the DFFE (Department of Forestry, Fisheries, and the Environment). You cannot damage or remove them without a DFFE license.
Offset: A 5:1 replanting offset is typically required for forest trees.
5. "Protected" Indigenous Trees
Certain species (e.g., Milkwoods) are nationally protected regardless of location. A DFFE license is mandatory for any pruning or removal.
Offset: A 10:1 replanting offset is required, with at least 5 being of the same species removed.
6. Natural Water Courses
Any alteration to river banks, stream beds, or wetlands requires a Water Usage License from the Department of Water & Sanitation (DWS).
REFERENCE LISTS: FLORA OF PENNINGTON
10 Common Protected Trees (DFFE License Required)
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 Common Indigenous Trees (Municipal Permit Required)
Black Bird-berry - Psychotria capensis
Cape Fig - Ficus sur
Coast Coral Tree - Erythrina caffra
Coast Strangler-fig - Ficus natalensis
Coastal Golden Leaf - Bridelia micrantha
Cross-berry Raisin - Grewia occidentalis
Dune Aloe - Aloe thraskii
Flat Crown - Albizia adianthifolia
Forest Natal-mahogany - Trichilia dregeana
Natal Plum (Num-num) - Carissa macrocarpa
Water-berry (Umdoni) - Syzygium cordatum
White Pear - Apodytes dimidiata
Wild-date Palm - Phoenix reclinata
30 Common Invasive Species (Must Be Removed)
Trees
Brazilian Pepper Tree - Schinus terebinthifolius
Saligna Gum - Eucalyptus grandis
Syringa - Melia azedarach
Shrubs & Vines
Bugweed - Solanum mauritianum
Lantana - Lantana camara
Triffid Weed - Chromolaena odorata
Yellow Bells - Tecoma stans
Balloon Vine - Cardiospermum grandiflorum
REFERENCES & CONTACTS
The National Environmental Management Act 107 of 1998 (NEMA).
The National Water Act 36 of 1998 (NWA).
The National Forests Act 84 of 1998 (NFA).
The National Biodiversity Assessment (NBA).
Umdoni Municipality Environmental Manager: 1 Preston Road, Park Rynie.
Umdoni Landfill Site: Abrams Farm, off R102 near Abrams Crest.
