definition of agricultural land

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SUBDIVISION OF AGRICULTURAL LAND ACT; ACT 70
OF 1970 (SALA)
30 APRIL 2013
BY: SAMBULO MNGUNI
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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
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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 nonviable 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 70
Types 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 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
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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
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DOCUMEMTS REQUIRED
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Long Term Lease
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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
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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 trap
Without sustainable development there can be no sustainable
agriculture .
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Thank you.
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