SUBDIVISION OF AGRICULTURAL LAND ACT; ACT 70 OF 1970 (SALA)

30 APRIL 2013

BY: SAMBULO MNGUNI

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OUTLINEPurpose of Act 70 /its objectiveSection 1:Definition of Agricultural landSection 2: Actions excluded from the actSection3:ProhibitionsTypes of applicationsAssessment aspectsRelevance with other legislations Conclusion

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Purpose of Act 70 of 1970To control the subdivision and, in connection therewith, the use of agricultural land. Thereby preventing: Fragmentation of agric. land and creation of non-viable units

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DEFINITION OF AGRICULTURAL LAND

Section1.a,b,c,d,e &f of the act defines agricultural land: Agricultural land is any land except land situated within- Town planning scheme of a town or city - Land which is agricultural holding (Transvaal) registration Act 22

of 1919- Which is township as defined in section 102(1) of the deeds

registration act 57 of 1937- State land- Land excluded from provision of act 70Types of agric land-High potential - Medium to low-Unique

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Categories of agricultural land High potential agric land• The best land available suited to and capable of consistently

producing optimum yields of a wide range of agricultural products with minimum damage to the environment (e.g. Land capability class 1).

Unique agricultural land• Land that is or can be used for producing specific high value

crops. • It is not usually high potential but important to agriculture

due to a specific combination of location, climate or soil properties.

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SALA NORMS AND STANDARDS

DETERMINING ECONOMIC VIABLE UNITS:SUBDIVISION FOR GRAZING PURPOSES- UNITS

SHOULD CARRY 60 LSU PER FARM LAND/PROPERTY (e.g. 60*3=180).

SUBDIVISION FOR DRY LAND CROP PRODUCTION: 100 HECTARES

SUBDIVISION FOR IRRIGATED LAND: 20ha WITH 10 ha water rights

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Section 2 : Actions excluded from the Act

Subdivision for the purpose to transfer agricultural land to state or statutory body

Sale or grant of any right to any portion to the state

Land excluded

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Section 3: Prohibition of certain actions

Agricultural land shall not be subdivided without the consent of the minister

No area of jurisdiction, local area, development area or township on agricultural land

No expansion of town planning scheme on agricultural land

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Types of applicationsSubdivision& consolidation & notarial tieUndivided SharesServitudeShare Block Scheme / Sectional Title SchemeRight of HabitatioTownship EstablishmentEnlargement area of Local AuthorityLease

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COMMITTEE ASSESMENT ASPECTS

Agricultural potential (Land capability,• Grazing capacity)Surrounding activitiesThe need and desirabilityInputs from provincial agricultureInputs from other stakeholdersLand use policy • Spatial development frameworks• KZN PDA• Principles of DFA• Town planning scheme• Municipal boundaries

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DOCUMEMTS REQUIRED

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Long Term Lease

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KZN MUNICIPALITIES AND DAFFThe municipalities that DAFF has been in consultation with:

uMngeniuMsunduziuMkhambathiniHibiscus Coast (Exclusion application with the

Department)uMhlathuze

Involvement of DAFF during SDF and IDP process is requested

Applicability: is proving to be difficult for KZN due to lack of guide plans and incomplete applications

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Conclusion

Administration of Act 70 is essential for the protection of agricultural land from unplanned development to maintain future food production.

Mismanagement of Agricultural resource will have an adverse effect on food production

Creation of non viable units will create poverty trapWithout sustainable development there can be no sustainable

agriculture .

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Thank you.

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