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

1. SUBDIVISION OF AGRICULTURAL LAND ACT; ACT 70 OF 1970 (SALA) 30 APRIL 2013 By: Sambulo Mnguni

2. OUTLINE Purpose of Act 70 /its objective Section 1:Definition of Agricultural land Section 2: Actions excluded from the act Section3:Prohibitions Types of applications Assessment aspects Relevance with other legislations Conclusion

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

4. 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 70 Types of agric land -High potential Medium to low -Unique

5. 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.

6. 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

7. 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

8. 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

9. Types of applications Subdivision& consolidation & notarial tie Undivided Shares Servitude Share Block Scheme / Sectional Title Scheme Right of Habitatio Township Establishment Enlargement area of Local Authority Lease

10. COMMITTEE ASSESMENT ASPECTS Agricultural potential (Land capability, Grazing capacity) Surrounding activities The need and desirability Inputs from provincial agriculture Inputs from other stakeholders Land use policy Spatial development frameworks KZN PDA Principles of DFA Town planning scheme Municipal boundaries

11. DOCUMEMTS REQUIRED

12. Long Term Lease

13. KZN MUNICIPALITIES AND DAFF The municipalities that DAFF has been in consultation with: • uMngeni • uMsunduzi • uMkhambathini • Hibiscus 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

14. 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 trap Without sustainable development there can be no sustainable agriculture .

15. Thank you.