President Cyril Ramaphosa has assented to the Preservation and Development of Agricultural Land Act, 39 of 2004 (the “Act”), ushering in a significant shift in the governance and sustainable use of agricultural land in South Africa. The Act provides a comprehensive framework for managing and preserving agricultural land while promoting sustainable agriculture and ensuring long-term food security.
BACKGROUND AND LEGISLATIVE CONTEXT
For decades the Subdivision of Agricultural Land Act, 70 of 1970, as amended(“SALA”) was the primary legislation regulating the fragmentation of farmland. While the Subdivision of Agricultural Land Act Repeal Act, 64 of 1998 (the “Repeal Act”) was intended to replace SALA in 1998, this act has never come into full effect. This impasse has left South African operating under an outdated regulatory framework that no longer adequately addresses the evolving challenges of land management, environmental sustainability, and agricultural productivity.
The new Act seeks to modernise the governance of agricultural land by establishing clear national, provincial, and local policies to balance economic growth, land conservation, and food production. By introducing updated regulatory mechanisms, the Act aligns with other legislation, including the Spatial Planning and Land Use Management Act, 16 of 2013.
KEY PROVISIONS OF THE ACT
The Act introduces a range of policies and strategies to safeguard South Africa’s agricultural sector.
National and Provincial Agricultural Sector Plans – The Act mandates the preparation of provincial agricultural sector plans to coordinate land use, prevent degradation, and harmonise policies across different levels of government. These plans must be published within five years of the Act’s commencement and must be updated periodically to reflect changing agricultural and environmental conditions.
Classification and Evaluation of Agricultural Land –A land evaluation system will be established to assess the capability, sustainability, and potential of agricultural land. This classification system ensures that high-value agricultural land is protected from overdevelopment, fragmentation, and misuse. The aim is to ensure that decision-makers have accurate and updated data to inform land use planning.
Declaration of Protected Agricultural Areas –The Act empowers the Minister of Agriculture to declare specific areas as protected agricultural zones. These areas will be subject to strict regulations to prevent inappropriate land use that could threaten agricultural productivity and sustainability. The designation of protected areas will be reviewed every five years to ensure that conservation efforts align with economic and environmental needs.
Restrictions on Activities on Agricultural Land –The Act introduces a list of restricted activities that cannot be undertaken on agricultural land without prior authorisation. A competent authority will oversee agro-ecosystem authorisations, ensuring that only activities aligned with sustainability goals are permitted. Processes will also be put in place to allow for the delisting or amendment of prohibited activities, ensuring that the regulatory framework remains adaptable to emerging agricultural technologies and needs.
National Agro-Eco Information System – A centralised database will be established to record and manage spatial, environmental, and socio-economic data related to agricultural land. This system will help policymakers, researchers, and farmers make informed decisions to optimise land use and preserve agricultural resources. The database will include records of all agricultural land, protected areas, and detailed spatial information on agricultural capability and conservation status.
Establishment of Agricultural Committees and Advisory Bodies – The Act calls for the formation of agricultural committees tasked with implementing land management policies at provincial and municipal levels. In addition, technical experts and advisors will be appointed to provide guidance and support in promoting sustainable agricultural practices and regulatory compliance.
Transitional Arrangements and the Future of Agricultural Land Regulation – The Act introduces amendments to the Repeal Act, ensuring a smooth transition from the existing framework. Pending applications and appeals under SALA will continue to be processed as if this act had not been repealed. Besides this, any existing consents granted under SALA will remain valid for the period specified, or if no period is specified, for five years from the commencement of the new Act.
IMPLICATIONS FOR THE AGRICULTURAL SECTOR
The implementation of new Act represents a significant step forward in addressing food security, sustainable land use, and economic development. The Act will provide greater protection for farmers by ensuring that valuable agricultural land remains accessible for production. For investors, the Act introduces a clearer regulatory framework that reduces legal uncertainty and enhances confidence in agricultural investments. Policymakers will benefit from a more structured governance approach that balances economic growth with long-term agricultural sustainability. Communities will also benefit from the Act as it aims to prevent unnecessary fragmentation and degradation of farmland, ultimately supporting job creation and rural development.
Marking a New Era for Agriculture
The Act marks a new era for South African agriculture, ensuring that agricultural land is preserved, optimally utilised, and managed in a sustainable manner. The introduction of protected agricultural areas, updated evaluation systems, and improved regulatory mechanisms will help shape the future of food production in the country.
The Act will come into effect on date of publication in the government gazette, however stakeholders across the agricultural sector should start to familiarise themselves with its provisions and adapt accordingly. Legal guidance will be essential to ensure compliance with new regulations and to leverage opportunities under the new framework.
For businesses and individuals requiring assistance in navigating the implications of the Act, Bishop Fraser is well-positioned to provide expert legal advice on agricultural land use, regulatory compliance, and sustainable development strategies.
