South Africa
Preservation and Development of Agricultural Land Act, 2024
Act 39 of 2024
- Published in Government Gazette 52009 on 29 January 2025
- Assented to on 20 December 2024
- Not commenced
- [This is the version of this document from 29 January 2025.]
Chapter 1
Interpretation and objects
1. Definitions
In this Act, unless the context indicates otherwise—“advisory appeal panel” means an advisory appeal panel appointed by the Minister in terms of section 28;“agricultural area” means a cartographically delineated area, with shared agricultural characteristics, based on—(a)agricultural land capability;(b)agricultural conservation status;(c)agricultural potential;(d)agricultural suitability;(e)geographic location; or(f)agricultural use;“agricultural land” means all land in the jurisdiction of the Republic, excluding land—(a)in a township as defined in the Deeds Registries Act, or land for which a township register, separate subdivision register or sectional title register, as defined in the Sectional Titles Act, 1986 (Act No. 95 of 1986), has been opened;(b)which, immediately prior to the date of commencement of this Act, was lawfully zoned for non-agricultural purposes by an organ of state subject to the conditions of the zoning;(c)which has been excluded in terms of the Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970), by means of a notice in the Gazette; or(d)which the Minister excludes in terms of section 5(2);“agricultural land capability” means the most intensive long-term use of land for purposes of rain fed farming, determined by the interaction of climate, soil and terrain;“agricultural potential” means a measure of potential productivity per unit area and unit time achieved with specified management inputs which, for a given crop or veld type and level of management, is largely determined by the interaction of climate, soil and terrain;“agricultural purposes” means practices associated with the use of agricultural land for crop and animal production, keeping of animals, including wild animals, forestry and logging, fishing and aquaculture, including the use of land for structures, buildings and dwelling units reasonably necessary for, or related to, the agricultural use of land;“agriculture” means the science, practice, occupation or economic activity in all its aspects concerned with the keeping or active production of useful plants, fungi or animals for—(a)bio-fuel;(b)fibre;(c)food; or(d)other agricultural goods or services,and includes, in varying degrees, the preparation or marketing of the resulting products;“agro-ecosystem” means a spatially and functionally coherent unit of agricultural activity, that can be defined on varying spatial scales, and includes the interactions between the living and non-living components of the unit as contained within larger landscapes;“agro-ecosystem authorisation” means the authorisation contemplated in section 15;“agro-ecosystem report” means a report quantifying and qualifying site specific and cumulative impact of land use changes on the productivity, stability, viability, adaptability, resiliency and equitability of an agro-ecosystem;“competent authority” means the competent authority identified by the Minister in terms of section 19;“Constitution” means the Constitution of the Republic of South Africa, 1996;“Deeds Registries Act” means the Deeds Registries Act, 1937 (Act No. 47 of 1937);“Department” means the national department responsible for agriculture;“Director-General” means the Director-General of the Department;“farmer” means a person or entity who uses agricultural land for agricultural purposes, and excludes a person employed by the farmer;“farming unit” means an institutional unit, in its capacity as a producer of agricultural goods and services, with—(a)autonomy in respect of financial and investment decision-making; and(b)authority and responsibility for allocating resources for the production of agricultural goods and services;“food security” means physical, social and economic access by all people in the Republic, at all times, to sufficient, safe and nutritious food, which meets their dietary needs for an active and healthy life;“HoD” means the head of the provincial department responsible for agriculture;“land owner” means a natural or juristic person, or a community, who holds a right in land, registered or unregistered, over which such person or community enjoys protection under any law;“land suitability assessment” means the assessment of the fitness of a given piece of land for a defined agricultural purpose, determined by the interaction of climate, soil and terrain, the availability of water and the natural fauna and flora, excluding weeds and invasive species;“land use” means a series of human activities which are directly related to the land, making use of its resources, or having an impact on it, and “land user” has a corresponding meaning;“listed activity” means an activity contemplated in section 16;“MEC” means a member of the Executive Council of a Province responsible for agriculture;“Minister” means the Minister responsible for agriculture, unless stated otherwise;“Municipal Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);“municipality”, when referred to as—(a)an entity, means a municipality as described in section 2 of the Municipal Systems Act, and includes the municipal council; and(b)a geographical area, means a municipal area determined in the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998);“national agro-eco information system” means the national agro-ecology information system established in terms of section 24;“optimal agricultural use” means the maximum productivity per unit area and unit time achievable by the best suited or adapted farming practices in a sustainable manner, with minimum negative impacts on the natural agricultural resources upon which the agricultural economy depends, including soil, water, climate, terrain, natural fauna and flora, but excluding weeds and invasive species;“prescribe” means prescribe by regulation;“preserve” means to protect agricultural land from anything that would cause its current agricultural potential, capability, suitability and use to change or deteriorate or cause it to be lost for agricultural production;“protected agricultural area” means a national or provincial protected agricultural area, contemplated in Part 4 of Chapter 2, which is a cartographically delineated area of agricultural land—(a)which is preserved for purposes of ensuring that agricultural land is protected against non-agricultural land uses in order to promote long-term agricultural production and food security; and(b)which includes all areas demarcated as such in accordance with section 11;“provincial agricultural sector plan” means a provincial agricultural sector plan contemplated in Part 3 of Chapter 2;“provincial department” means the provincial department responsible for agriculture;“registrar of deeds” means a registrar as defined in the Deeds Registries Act;“Spatial Data Infrastructure Act” means the Spatial Data Infrastructure Act, 2003 (Act No. 54 of 2003);“Spatial Planning and Land Use Management Act” means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013);“sustainable agriculture” means—(a)farming practices that—(i)conserve land, water, plant and animal genetic resources; and(ii)are environmentally non-degrading, technically appropriate, economically viable and socially acceptable; and(b)an integrated system of plant and animal production practices having a site-specific application that complements ecological and biodiversity conservation and meets present needs without compromising the ability to meet a future need to—(i)satisfy human needs for food and other agricultural products;(ii)enhance environmental quality and the natural resource base upon which the agricultural economy depends;(iii)make the most efficient use of non-renewable resources and on-farm resources and integrate, where appropriate, natural biological cycles and controls;(iv)sustain the viability of a farming unit; and(v)enhance the quality of life for farmers and society as a whole;“this Act” includes any regulation made under this Act; and“viable farming unit” means the minimum area of agricultural land required for a farming unit practising sustainable agriculture that is economically viable and generates sufficient revenue from its agricultural production operations in order to cover—(a)all variable and fixed costs of production;(b)all appropriate family living expenses; and(c)capital replacement costs,with an adequate buffer to cater for risks related to climate variability within the specific agro-ecosy stem, but excluding declared disasters.2. Objects of Act
The objects of this Act are to—3. Application of Act
Chapter 2
Agricultural land management
Part 1 – Principles
4. Principles
Part 2 – Agricultural land evaluation and classification
5. Agricultural land evaluation and classification
Part 3 – Provincial agricultural sector plans
6. Preparation of provincial agricultural sector plans
7. Purpose of provincial agricultural sector plans
The purposes of a provincial agricultural sector plan are to—8. Content of provincial agricultural sector plans
A provincial agricultural sector plan must include—9. Status of provincial agricultural sector plans
10. Compliance with provincial agricultural sector plans
Part 4 – Protected agricultural areas
11. Declaration of protected agricultural areas
12. Procedure to declare protected agricultural areas
13. Review, withdrawal and amendment of protected agricultural areas
Chapter 3
Agro-ecosystem management
14. General objectives of agro-ecosystem management
15. Agro-ecosystem authorisations
16. Listing of activity and agricultural area
17. Procedure for listing an activity and agricultural area
Before listing any activity or agricultural area in terms of section 16, the Minister must—18. Procedure for delisting or amending an activity or agricultural area
19. Identification of competent authority
20. Consideration of application by competent authority
Chapter 4
Institutional framework
21. Establishment of committees
22. Appointment of technical and other advisers
23. Performance assessment framework
Chapter 5
National agro-eco information system
24. Establishment of national agro-eco information system
25. Objectives of national agro-eco information system
The objectives of the national agro-eco information system are to—26. Content of national agro-eco information system
The national agro-eco information system may contain the following information:Chapter 6
Appeals, compliance and contraventions
Part 1 – Appeal procedures
27. Right to appeal
28. Appointment of advisory appeal panel
29. Investigation and consideration by advisory appeal panel
30. Consideration of appeal by Minister
Part 2 – Compliance inspections and contravention directives
31. Compliance inspections
32. Contravention directives
33. Investigation and gathering of data on agricultural land
A competent authority may, in writing, authorise a person or persons with the necessary skills or experience to—Chapter 7
General and miscellaneous provisions
34. Delegations
35. Regulations
36. Offences
A person is guilty of an offence if that person—37. Penalties
38. Repeal and amendment of laws
The Subdivision of Agricultural Land Repeal Act, 1998 (Act No. 64 of 1998), is hereby amended to the extent reflected in the Schedule.39. Short title and commencement
This Act is called the Preservation and Development of Agricultural Land Act, 2024, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
29 January 2025 this version
20 December 2024
Assented to
Cited documents 9
Act 9
1. | Constitution of the Republic of South Africa, 1996 | 12325 citations |
2. | Local Government: Municipal Systems Act, 2000 | 4621 citations |
3. | Spatial Planning and Land use Management Act, 2013 | 3426 citations |
4. | Deeds Registries Act, 1937 | 2951 citations |
5. | Companies Act, 2008 | 2007 citations |
6. | Sectional Titles Act, 1986 | 1341 citations |
7. | Protection of Personal Information Act, 2013 | 331 citations |
8. | Spatial Data Infrastructure Act, 2003 | 29 citations |
9. | Subdivision of Agricultural Land Act Repeal Act, 1998 | 6 citations |
Documents citing this one 1
Gazette 1
1. | South Africa Government Gazette dated 2025-01-29 number 52009 |