Preservation and Development of Agricultural Land Act No. 39 of 2024.

This Act, consisting of 39 articles organized into 7 chapters, aims to (i) promote the preservation and sustainable development of agricultural land; (ii) establish systems for evaluating and classifying agricultural land; (iii) designate protected agricultural areas to safeguard land from non-agricultural uses and support long-term agricultural production; (iv) implement a coordinated national framework, including norms, standards, and authorizations for agricultural land use to (a) promote and sustain viable farming units from economic, environmental, and social perspectives, (b) discourage the conversion of agricultural land to non-agricultural uses to prevent agro-ecosystem fragmentation, and (c) enable concurrent land uses without compromising long-term food security; (v) introduce mitigation measures to address the loss of agricultural land and the impact of non-agricultural developments on agricultural productivity; and (vi) establish a national agro-eco information system with geo-referenced data to support the objectives of this Act, including records of all agricultural land, protected areas, and spatial information on agricultural potential and use.
The Act applies to all agricultural land within the Republic of South Africa and establishes principles for managing, evaluating, and classifying such land. It outlines the preparation and content of provincial agricultural sector plans, the declaration and management of protected agricultural areas, and objectives and authorizations related to agroecosystem management. The Act provides for establishing advisory and technical committees, the appointment of technical and other advisers, and a performance assessment framework. Additionally, the Act sets out procedures for lodging appeals, conducting compliance inspections, issuing directives, and investigating agricultural land use. General provisions include the delegation of powers and duties, and the establishment of regulations and penalties for offences.
The Act emphasizes an integrated approach that complements ecological and biodiversity conservation, ensuring that agricultural activities meet present needs without compromising future generations' ability to do the same. Sustainable agriculture under this framework aims to satisfy human demand for food and other agricultural products while enhancing environmental quality and protecting the natural resource base. It promotes the efficient use of non-renewable and on-farm resources by integrating natural biological cycles and controls. Additionally, the Act highlights the importance of sustaining the long-term viability of farming units and improving the quality of life for both farmers and society. By balancing productivity with environmental and social responsibility, the Act seeks to create a resilient and sustainable agricultural sector.
The Act outlines several measures to protect agricultural land from non-agricultural uses and promote its sustainable development by (i) declaration by the Minister responsible for agriculture or the Executive Council of a Province responsible for agriculture of Protected Agricultural Areas to preserve high-value agricultural land and ensure its sustainable use for food production. Regular review and potential amendment of these areas are required to ensure they remain effective; (ii) establishing principles for managing agroecosystems, including assessing the impact of activities on agricultural productivity, stability, resiliency, and viability. The Act provides also procedures for listing and delisting activities or areas within agro-ecosystems; (iii) promoting inspections where inspectors are authorized to enter agricultural land, conduct inspections, and ensure compliance with the Act’s provisions; (iv) developing Provincial Agricultural Sector Plans to coordinate and harmonize agricultural land use policies to promote sustainable agricultural practices and prevent the fragmentation of agricultural land. These plans must include spatial demarcation of agricultural areas, descriptions of agricultural opportunities, and planning measures.