South Africa legislates to protect against agricultural land loss

The Preservation and Development of Agricultural Land Act (PDALA) was signed into law on 29 January but slipped under the radar of most due to the Expropriation of Land Act being signed into law around the same period. However, the PDALA, which repeals the Subdivision of Agricultural Land Act 70 of 1970 (SALA), is of vital importance, aiming to preserve and promote sustainable development of agricultural land. It also sets out to establish an evaluation and classification system for agricultural land and demarcate protected agricultural land.

The PDALA binds all organs of state in all spheres of government and is also applicable to the mining sector. 

Aims of the PDALA

The PDALA will implement a coordinated national framework, including norms and standards and authorisations for the use of agricultural land. It will also work to promote and encourage viable farming units from a long term economic, environmental and social perspective, while discouraging land use changes from agricultural to non-agricultural uses to prevent the fragmentation of the agro-ecosystem.

The Act will also set out to facilitate concurrent land uses on agricultural land without jeopardising long term food security and set up a national agro-eco information system with georeferenced information in order to support its objectives.

The registration of a long-term lease over a portion of agricultural land is subject to obtaining an agro-ecosystem authorisation if the lease is considered a “Listed Activity” under the PDALA. The PDALA does not explicitly state that town planners can make the application on behalf of their clients but, in practice, town planners often assist landowners and lessees with the applications and submissions to authorities.

Effects of the legislation

For landowners

Landowners will face significant restrictions on how they can use their agricultural land. Any activities that could negatively impact the agricultural potential, capability, suitability, or use of the land will require agro-ecosystem authorisation. This means that landowners will need to undergo a thorough assessment process before making any changes to land use, including changes to facilitate the activities of third parties.

Landowners must comply with new norms and standards set up by the minister. This could involve additional administrative processes and costs, such as preparing and submitting detailed reports and undergoing inspections.

For farmers

Farmers will benefit from the protection of high-value agricultural land, ensuring it remains available for agricultural use. This protection aims to prevent the fragmentation of agricultural land and maintain its viability for farming.

The Act promotes sustainable agricultural practices, which could help farmers maintain the long-term productivity and viability of their land. This includes practices that conserve land, water, and other resources, and that are environmental non-degrading, economically viable, and socially acceptable.

The Act aims to encourage the formation of viable farming units, which could provide economic stability and growth opportunities for farmers. This includes ensuring that farming units are large enough to be economically viable and can generate sufficient revenue to cover costs and provide a buffer against risks.

For mining title holders

Mining activities on agricultural land will require thorough impact assessments to evaluate their effects on the agro-ecosystem. This could delay projects and increase costs, as mining companies will need to demonstrate that their activities will not have a significant negative impact on agricultural land.

Mining title holders will need to obtain agro-ecosystem authorisations for activities that could impact agricultural land. This adds an additional layer of regulatory oversight and could potentially limit mining activities in certain areas.

For permit holders

Permit holders for various activities on agricultural land will need to ensure they also obtain the necessary agro-ecosystem authorisations. This could involve additional administrative processes and costs.

The Act requires public consultation for activities affecting agricultural land, which could lead to additional scrutiny and potential objections from stakeholders. This process ensures that the interests of the public and other stakeholders are considered in decision-making.

For municipalities

Rezoning agricultural land for non-agricultural purposes will be more challenging due to the strict criteria and the need to preserve agricultural land. Municipalities will have to consider provincial agricultural sector plans when preparing, reviewing, or amending their spatial development frameworks and land use schemes.

Municipalities must align their planning and development decisions with provincial agricultural sector plans, which aim to coordinate and harmonise agricultural land use policies and promote sustainable agricultural practices.

For renewable energy projects

Renewable energy projects on agricultural land will need to undergo impact assessments and obtain agro-ecosystem authorisations. This could delay projects and increase costs, as developers will need to demonstrate that their activities will not have a significant negative impact on agricultural land.

The Act aims to balance the need for renewable energy development with the preservation of agricultural land. This means that renewable energy projects will be subject to stringent regulations to ensure that they do not compromise the long-term viability of agricultural land.

What does this mean for the SALA?

The PDALA is intended to replace SALA in its entirety, expanding the scope of protection beyond subdivision and addressing broader issues of agricultural land use and its preservation. However, all applications currently submitted in terms of SALA or where SALA consents have been issued are still subject to the provisions of SALA and must continue as if SALA has not been repealed.

The PDALA requires provincial agricultural sector plans to take effect within five years of the minister prescribing criteria for these. It is unclear what steps should be taken in the absence of SALA and the provincial agricultural sector plans taking effect. 

The PDALA does not explicitly require consent for registering long term leases over a portion of agricultural land. It focuses more on authorisations for activities impacting the agro-ecosystem as a whole, whereas SALA regulated the subdivision and lease of agricultural land.

How will this impact other current legislation?

The PDALA will operate alongside various other legislation, including the Spatial Planning and Land Use Management Act 2013 (SPLUMA). These two pieces of legislation will have distinct but complementary functions. The PDALA will specially focus on the protection and development of agricultural land, while SPLUMA continues to govern broader land use and spatial planning matters.

The PDALA also intends to align with the principles of the National Environmental Management Act (NEMA) principles by ensuring that agricultural land use decisions are made with environmental sustainability in mind. However, NEMA remains the overarching framework for environmental management. Additionally, the PDALA will complement Conservation of Agricultural Resources Act (CARA) by focusing on land use decisions and the preservation of agricultural land, while CARA continues to address resource conservation on existing agricultural land.