| (2) | A person who is the owner of land on which a listed invasive species occurs must— |
| (a) | [Section 73(2)(a) deleted by section 48(a) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023]; |
| (b) | take steps to control or eradicate the listed invasive species as prescribed by the Minister; and |
| (c) | take all the required steps to prevent or minimise harm to biodiversity. |
[Section 73(2)(b) substituted by section 48(b) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];
| (2A) | The Minister may prescribe circumstances under which a competent authority must be notified in writing of the presence or occurrence of a listed invasive species. |
[Section 73(2A) inserted by section 48(c) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023];
| (3) | A competent authority may, in writing, direct any person who has failed to comply with subsection (1) or (2), or who has contravened section 71(1), to take such steps— |
| (a) | as may be necessary to remedy any harm to biodiversity caused by— |
| (i) | the actions of that person; or |
| (ii) | the occurrence of the listed invasive species on land of which that person is the owner; and |
| (b) | as may be specified in the directive. |
| (4) | If that person fails to comply with a directive issued in terms of subsection (3), a competent authority may— |
| (a) | implement the directive; and |
| (b) | recover all costs reasonably incurred by a competent authority in implementing the directive— |
| (ii) | proportionally from that person and any other person who benefited from implementation of the directive. |
