Incorporation of Estuary Management Plans into the ADM IDP ... District Muni... · Amathole...

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Amathole District Municipality Coastal Management Programme 2015 Page 171 171 - Incorporation of Estuary Management Plans into the ADM IDP and SDF Key performance indicators (KPIs): - A geo-database of all illegal structures within each estuary. - A geo-database of all illegal activities occurring within each estuary. - Estuary Management Plan for Keiskamma estuary. - Estuary Management Plan for the Great Kei estuary. - Estuary Management Plan for the Mbhashe estuary. - Action Plans from the estuary management plans incorporated as key objectives in the ADM and LM IDPS and SDFs. Toolbox: - DEA: Oceans and Coasts - Working for the Coast - DWS - Working for Water - Eastern Cape Provincial Coastal Committee - Amathole District Coastal Committee - DEA: Oceans and Coasts resources - National Biodiversity Assessment (2011) - CSIR Estuary survey (2001) Dr D.E. (Niel) Malan Deputy Director: Coastal Planning & Environmental Protection Department of Environmental Affairs and Tourism Private Bag X2 Rogge Bay Cape Town 8012Tel: +27-21-4023021 Fax: +27-21-4023009 Web: http://www.environment.gov.za - Dr Alan Boyd Director of Biodiversity and Coastal Research E-mail [email protected] Email: [email protected] Legislation and regulatory framework: National legislation - National Environmental Management Act 107 of 1998 - National Environmental Management: Integrated Coastal Management Act 24 of 2008 - National Environmental Management: Protected Areas Act 57 of 2003 - National Environmental Management: Biodiversity Act 10 of 2004 - Marine Living Resources Act 18 of 1998 - Ciskei Nature Conservation Act 10 of 1987 - National Water Act 36 of 1998 Relevant policy; - National Estuarine Management Protocol (2013) - White Paper on Sustainable Coastal Development in South Africa (2000) Links to other plans, authorities, regulations; - National Coastal Management Programme (2014) - Eastern Cape Coastal Management Programme (2013) - Amathole District Municipality Integrated Environmental Management Plan (2012) - STEP Programme - DEDEAT National Biodiversity Programme - ECBCP: terrestrial and aquatic - ADM SDF - ADM SEA - Coastal EMF (2010) - Wild Coast EMP (2013)

Transcript of Incorporation of Estuary Management Plans into the ADM IDP ... District Muni... · Amathole...

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- Incorporation of Estuary Management Plans into the ADM IDP and SDF

Key performance indicators (KPIs):

- A geo-database of all illegal structures within each estuary.

- A geo-database of all illegal activities occurring within each estuary.

- Estuary Management Plan for Keiskamma estuary.

- Estuary Management Plan for the Great Kei estuary.

- Estuary Management Plan for the Mbhashe estuary.

- Action Plans from the estuary management plans incorporated as key objectives in the ADM and LM IDPS and SDFs.

Toolbox: - DEA: Oceans and Coasts - Working for the Coast

- DWS - Working for Water

- Eastern Cape Provincial Coastal Committee

- Amathole District Coastal Committee

- DEA: Oceans and Coasts resources

- National Biodiversity Assessment (2011)

- CSIR Estuary survey (2001)

Dr D.E. (Niel) Malan Deputy Director: Coastal Planning & Environmental Protection Department of Environmental Affairs and Tourism Private Bag X2 Rogge Bay Cape Town 8012Tel: +27-21-4023021 Fax: +27-21-4023009 Web: http://www.environment.gov.za

- Dr Alan Boyd Director of Biodiversity and Coastal Research

E-mail [email protected] Email: [email protected]

Legislation and regulatory framework:

National legislation

- National Environmental Management Act 107 of 1998

- National Environmental Management: Integrated Coastal Management Act 24 of 2008

- National Environmental Management: Protected Areas Act 57 of 2003

- National Environmental Management: Biodiversity Act 10 of 2004

- Marine Living Resources Act 18 of 1998

- Ciskei Nature Conservation Act 10 of 1987

- National Water Act 36 of 1998 Relevant policy;

- National Estuarine Management Protocol (2013)

- White Paper on Sustainable Coastal Development in South Africa (2000) Links to other plans, authorities, regulations;

- National Coastal Management Programme (2014)

- Eastern Cape Coastal Management Programme (2013)

- Amathole District Municipality Integrated Environmental Management Plan (2012)

- STEP Programme

- DEDEAT National Biodiversity Programme

- ECBCP: terrestrial and aquatic

- ADM SDF

- ADM SEA

- Coastal EMF (2010)

- Wild Coast EMP (2013)

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- National Estuarine Management Protocol (revised 2014)

- Off road vehicle regulations

- Recreational fishing regulations

COASTAL MANAGEMENT ACTION PLAN (CMAP) CMAP Title: Estuary Management

No Activity Responsible Person

Budget Requirements

Starting Date

Completion Date

Comments

1 Analysis of the current threat on estuaries within the ADM - Determine the number of illegal

structures (jetties, houses, launch sites, access roads, etc.) for each estuary.

- Determine the extent of illegal activities occurring within each estuary within the ADM

ADM Environmental Management

Each coastal LM within the ADM

DEDEAT

R 250 000 June 2017 June 2018 Possible outsourcing of activity

2 ADM to promote the development of estuary management plans for the following estuaries in accordance with the National Estuary Management Protocol:

- Keiskamma, - Great Kei and - Mbhashe

ADM Environmental Management

DEA: Oceans and Coasts

R900 000 June 2017 March 2021

Possible outsourcing of activity

3 Incorporation of Estuary Management Plans into the ADM and coastal LM IDPs and SDFs.

ADM Environmental Management

ADM Coastal Committee

N/A June 2017 March 2021

Engage with DEA: Oceans and Coasts, DEA: WftC, DEDEAT, ADM and ECDC for funding

CMAP6 – Management of Coastal Resources

Date:

Revision No:

Prepared by:

Approved by:

CMAP NO: 006

CMAP TITLE: Management of Coastal resources

Overview of issue: The marine environment includes inshore and offshore reefs, sandy beaches and rocky

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shores. This area is an extremely valuable asset and resource due to its aesthetic value, ecological and biological diversity and economic potential. However, the integrity of the marine resources is vulnerable to a variety of impacts largely resulting from varying levels of human induced pressure. Numerous plant and animal populations (such as abalone, limpets, mussels and lobster and other shellfish, seaweed, bait species, etc.) along the ADM coastline are subject to varying degrees of exploitation for subsistence and non-subsistence purposes, both permitted and un-permitted. Certain coastal communities along the ADM coastline are dependent on harvesting various marine organisms either for food or to generate an income. Exploitation of coastal biota for subsistence purposes includes the collection of various shellfish and angling. Many of these harvesting practices continue unchecked and in an unsustainable manner resulting in over exploitation. Many issues which directly or indirectly threaten marine resources include:

- Degradation of marine and coastal ecology as a result of uncontrolled development in sensitive coastal environments.

- Loss of marine and coastal resources through pollution and development.

- Loss of biodiversity through excessive harvesting of marine organisms.

- Public access, amenities and awareness is in a sub-standard state

- Illegal sand mining is degrading the coastal zone at a rapid rate.

- Enforcement of the relevant marine and coastal legislation has been poor

Causes of identified issue - Lack of clarity and coordination between government departments & spheres on roles and responsibilities

- Inappropriate delegation of responsibilities without sufficient capacity and financial support

- Lack of accountability during decision making process

- Poor public awareness of existing regulations and laws

- Poor compliance and enforcement of legislation

- Increased development pressure (industrial, residential, tourism) leading to increased discharges of storm and waste water and associated cumulative impacts etc.

- Illegal use of marine resources & over harvesting

- Increases in land based pollution and seepage, mainly from soak-aways and poorly maintained sewerage treatment works upstream

Impacts of issue: - Exploitation of marine (invertebrate and plant) resources

- Loss of biodiversity due to over exploitation of marine resources

- Habitat destruction

- Loss of endemic/ endangered species

- Reduced sustainability of eco-tourism due to degradation of marine environment

- Degradation of estuaries and contamination of water through various pollution sources

- Silting-up of rivers and estuaries

- Habitat destruction of estuarine vegetation and wetlands

- Habitat destruction of coastal dunes and beaches

Objectives and Targets: Objective(s) The overall objective of this CMAP is the development of a coordinated and transparent programme for the monitoring and control of marine resource conservation and utilisation. Sub-objective(s) - Review of sensitive and protected coastal areas - Formal proclamation of the Morgan Bay Cliffs as a Nature Reserve under the NEM:

Protected Areas Act (No 57 of 2003) - Development of a Marine Resource Utilisation Management Programme for the

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ADM coastal zone - Adoption of bylaws for the management of coastal resources - Increase enforcement capacity to enforce coastal and environmental - Undertake an environmental, social and economic feasibility assessment for the

formalisation of illegal sand mines along the ADM coastline. Requirements for this objective include: - Coordination and alignment of all conservation plans - The submission of intent to declare and the drafting of a Management Plans for the

proposed Morgan Bay Nature Reserve, in accordance with the National Protected Areas Act.

- The development and implementation of coastal bylaws pertaining to marine resource utilisation

- Develop a marine resource utilisation monitoring programme - The adoption of bylaws - The appointment of EMIs and/or peace officers specific to coastal compliance - Development of a community watch programme - The generation of an environmental, social and economic feasibility report for the

porposed formalisation of illegal sand mines

Performance indicators: - Delineation of sensitive and protected areas, and their respective buffer zones, into the ADM and LM SDFs.

- Formal Proclamation of the Morgan Bay Cliffs Nature Reserve - Adopted Marine Resource Utilisation Management Programme. - Adoption of bylaws for the management of coastal resources - At least one EMI appointed for the ADM. - One peace officer appointed in each of the coastal Local Municipalities. - Establishment of community watch programmes in each coastal Local Municipality. - Environmental, social and economic feasibility report for the formalisation of illegal

sand mines.

Toolbox: - GIS- Conservation concern areas, tourist destinations and development hotspots, species distributions and level of conservation concern

- Reporting and data dissemination procedures

- Monitoring committee

- Coordination between Environmental Management and DEA: Oceans and Coasts and ECBCP

- Coastal EMF

- Wild Coast EMP

- ADM EMP

- National Biodiversity Assessment (2011)

- CSIR Estuary survey (2001)

Zinceba Peter-Madikizela DEA: Comliance Private Bag X447 Pretoria 0001 South Africa Web: www.enviroment.gov.za

Mr Luanda Mafumbu ADM: Environmental Management 40 Cambridge Street East London 5201 Tel: 043 783 2393 Fax: Web: www.amathole.gov.za

E-mail [email protected]

Email: [email protected]

Legislation and regulatory framework:

- National Environmental Management Act 107 of 1998

- National Environmental Management: Biodiversity Act 10 of 2004

- Conservation of Agricultural Resources Act, 1983

- National Forest Act 84 of 1998

- National Veld and Forest Act 101 of 1998

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- National Environmental Management: Protected Areas Act 57 of 2003

- National Environmental Management: Biodiversity Act 10 of 2004

- Environment Conservation Act 73 of 1989

- Marine Living Resources Act 18 of 1998

- Integrated Coastal Management Act Relevant policy;

- White Paper on Sustainable Coastal Development in South Africa (2000) Links to other plans, authorities, regulations;

- DWS Working for Water

- STEP Programme

- DEDEAT - National Biodiversity Programme

- ECBCP- Eastern Cape Biodiversity Conservation Plan

- Eastern Cape Coastal Management Programme (2013)

- Coastal EMF

- Wild Coast EMP

- Off road vehicle regulations

- Recreational fishing regulations

COASTAL MANAGEMENT ACTION PLAN (CMAP) CMAP Title: Management of Coastal resources

No Activity Responsible Person

Budget Requirements

Starting Date

Completion Date

Comments

1 All sensitive and protected areas within the ADM coastal zone must be identified and buffer zones must be delineated around each sensitive and protected area The sensitive and protected areas and their respective buffer zones must be incorporated into the ADM SDF and IDP.

ADM Environmental Management

ECPTA

ADM GIS unit

ADM Spatial Planning and Development

R 250 000 June 2017 March 2018

Possible outsourcing of activity

2 Formal Proclamation of the Morgan Bay Cliff as a Nature Reserve under the NEM: Protected Areas Act (No. 57 of 2003): Initiate the process of the preparation and submission of Draft Management Plans for the proposed Morgan Bay Cliffs Nature Reserve

ADM Environmental Management

DEDEAT

ECPTA

R 150 000 June 2017 March 2018

Possible outsourcing of activity

3 A Marine Resource Utilisation Programme for the ADM coastal zone must be developed. The Programme must incorporate the following aspects:

- A baseline study of the current status of biologically and economically important marine resources

- GIS mapping of the current state of marine resources

- Public consultation with key marine resource user groups along the

ADM Environmental Management

SANBI

DEDEAT

DAFF

DEA: Ocean and Coasts

R 500 000 June 2017 March 2018

Possible outsourcing of activity

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ADM coastline including and education and awareness campaign

- Defined roles and responsibilities of the authorities, ADM and the community in monitoring the utilisation of marine resources

- The development of a monitoring programme to monitor and prevent over utilization of marine resources

4 The development and adoption of bylaws for the management of coastal resources. E.g:

- Collection of shell grit

- Collection shellfish

- Recreational fishing

- Use of vehicles in the coastal area

ADM Environmental Management

Assisted by DAFF and DEA

N/A January 2017

March 2017

5 Increase enforcement capacity to enforce coastal and environmental compliance:

- Appointment of at least one Environmental Management Inspector (EMI)

- Appointment of one peace officer in each coastal LM along the ADMs coast line

- A community watch programme must be developed in each coastal LM:

Coordinated approach to the monitoring of illegal activities along the ADM coastline

Coordination between DEA, SAPS, ADM, LM’s and communities

Development of a clearly defined reporting procedure in the event of illegal activities being observed

Clearly defined roles and responsibilities within the community watch programmes

ADM Environmental Management

ADM Local Government Support

ADM Community Safety and By-laws Enforcement

LM Community Services

DEDEAT

DEA: Ocean and Coasts

SAPS

N/A June 2017 Continuous

6 Undertake an environmental, social and economic feasibility assessment for the proposed formalisation of illegal sand mines along the ADM coastline. The feasibility assessment must highlight the following:

Environmental: - Current extent of the sand mine - Key ecological features in the

surrounding area - Proposed environmental impact of

further mining if uncontrolled - Proposed environmental impact of

further mining if controlled - Identification of permits, licenses,

authorisations required under NEMA, NWA, MPRDA etc.

Social: - Number of communities who rely

ADM

Assistance from DEA, DMR, DRDLR

R800 000 June 2017 June 2018 Possible outsourcing of activitiy

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on sand mining - State of communities surrounding

affected areas - How communities are currently

affected - How communities will be affected if

sand mining not formalised - How communities will be affected

of sand mining is formalised - Social impact assessment

Economic: - Who currently benefits financially - Who will benefit financially if mines

are formalised - Identification and assessment of

various management scenarios - Assessment of current profits - Assessment of future profits if sand

mines are not formalised - Assessments of future profits if sand

mining is formalised

CMAP7 – Coastal Water quality and pollution monitoring

Date:

Revision No:

Prepared by:

Approved by:

CMAP NO: 007

CMAP TITLE: Coastal water quality and pollution monitoring

Overview of issue: Development within the coastal zone in ADM is focused around estuaries and swimming beaches. According to a survey conducted by the CSIR in 2001, many of the estuaries along the ADM coastline are in good condition but are starting to deteriorate. It is vital to ensure that the water quality of these estuaries and swimming beaches is of the highest quality for recreational and economic activities and that pollution is managed to prevent the contamination of estuaries and swimming beaches and to prevent the degradation of the ecological integrity of the ADM coastline. Issue Water quality in estuaries is deteriorating due to the seepage of sewage from septic tanks along the banks of estuaries (e.g. Hamburg and Chintsa West and East). No bulk sewage infrastructure is provided to any of the coastal areas and the existing sewerage infrastructure is poorly maintained. A monitoring programme is currently not implemented to measure the water quality and pollution in estuaries and swimming beaches.

Causes of identified issue - Seepage from septic tanks along the banks of estuaries.

- Lack of bulk sewerage infrastructure in coastal areas.

- Coastal development increasing without increasing the capacity of the sewage infrastructure.

Impacts of issue: - High E. coli levels in estuaries and swimming beaches.

- Decrease in tourism due to unsafe swimming beaches.

- Potential loss of Blue Flag Status for Hamburg beach

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- No Blue Flag status for any other beaches along the ADM coastline

- Loss of aquaculture opportunities that may rely on good water quality in estuaries.

Objectives and Targets: Objective(s) The development and implementation of a Water Quality and Pollution Monitoring Programme for all estuaries and swimming beaches along the ADM Coastline Sub-objectives - The creation of a Coastal Sanitation and Water Quality Committee for the ADM - Develop and implement a Coastal Water Quality and Pollution Monitoring for the ADM - Development and adoption of coastal pollution bylaws

Key performance indicators (KPIs):

- Established ADM Coastal Sanitation and Water Quality Committee. - Funding secured and indicated in the ADM IDP. - Implementation of the ADM Coastal Water Quality and Pollution Monitoring Programme - Adoption of coastal pollution bylaws

Toolbox: - GIS – monitoring locations and data capture

- DEA: Oceans and Coasts - Working for the Coast

- EPWP

- DEDEAT: Coastal Zone Management

- DAFF: Coastal Water Quality Guidelines

- Eastern Cape Provincial Coastal Committee

- Amathole District Coastal Committee

- DEA: Oceans and Coasts resources

- Application of relevant LM and DM by-laws

- Engagement with other metro’s and municipalities to resolve water quality issues.

-

Dr D.E. (Niel) Malan Deputy Director: Coastal Planning & Environmental Protection Department of Environmental Affairs and Tourism Private Bag X2 Rogge Bay Cape Town 8012Tel: +27-21-4023021 Fax: +27-21-4023009 Web: http://www.environment.gov.za

ADM Environmental Pollution ADM Water Care ADM: Environmental Health and Water Quality

E-mail [email protected]

Legislation and regulatory framework:

National legislation

- National Environmental Management Act 107 of 1998

- National Environmental Management: Integrated Coastal Management Act 24 of 2008

- National Environmental Management: Protected Areas Act 57 of 2003

- National Environmental Management: Biodiversity Act 10 of 2004

- Marine Living Resources Act 18 of 1998

- National Water Act 36 of 1998

- Municipal Infrastructure Act

- Local Government: Municipal Systems Act 32 of 2000

- Promotion of Access to Information Act of 2000

- Local Government: Municipal Systems Act 32 of 2000 Relevant policy;

- White Paper on Sustainable Coastal Development in South Africa (2000)

- Containing Waste to the Marine Environment of South Africa (2004)

- White Paper for Integrated Pollution and Waste Management

- National Waste Management Strategy

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- National Guideline for the Discharge of Effluent From Land-based Sources into the Coastal Environment

Links to other plans, authorities, regulations;

- National Coastal Management Programme (2014)

- Eastern Cape Coastal Management Programme (2013)

- Amathole District Municipality Integrated Environmental Management Plan (2012)

- STEP Programme

- DEDEAT National Biodiversity Programme

- ECBCP: terrestrial and aquatic

- ADM SDF

- ADM SEA

- ADM IDP

- Coastal EMF (2010)

- Wild Coast EMP (2013)

- ADM EMP (2012)

COASTAL MANAGEMENT ACTION PLAN (CMAP) CMAP Title: Water Quality and Pollution Monitoring

No Activity Responsible

Person Budget Requirements

Starting Date

Completion Date

Comments

1 Invite representatives from the following key role-players to sit on a Coastal Sanitation and Water Committee for ADM: - ADM: Environmental Health and

Water Quality - ADM: IEMP - ADM: Health and Protection

Services - LM Environmental and/or Waste

managers

ADM Environmental Management

ADM Health Services: Environmental Pollution

ADM: Water Care

All Coastal LMs

N/A June 2017 September 2017

2 Develop and implement a Coastal Water Quality and Pollution Monitoring for the ADM - Source funding for the

development of an Water Quality and Pollution Monitoring Programme

- Develop a Water Quality and Pollution Monitoring Programme for disclosure to ADM Coastal Sanitation and Water Committee, authorities and public.

- The development of the Water Quality and Pollution Monitoring Programme must: Be in line with DEA: Oceans

and Coasts and ADM policy and programmes to avoid repetition of effort

Follow a set reporting procedure and structure

ADM Environmental Management

ADM Health Services: Environmental Pollution

ADM: Water Care

DWS

DEDEAT: Coastal Zone Management

DEA: Ocean and Coasts

Department of Water and Sanitation

R 500 000 September 2017

September 2018

Possible outsourcing of this activity

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Include a detailed description of data collection which must include data from existing water quality monitoring programmes (but may not necessarily be limited to)

Report on potential pollution sources

Identify appropriate rectification activities if possible

Notification pollution incidents to the appropriate enforcement agency (DEA: Oceans and Coasts/DEDEAT/Green Scorpions)

Provide evidence of non-compliance notification to relevant authorities

Develop bylaws to manage costal pollution. These bylaws should include, but are not limited to, the following: - Dumping of solid waste in the

coastal zone - Discharge of effluent into the

coasta; zone - Discharge of stormwater into the

coastal zone - Use of septic tanks and

conservancy tanks in the coastal zone

ADM Environmental Management

ADM Health Services: Environmental Pollution

ADM: Water Care

DWS

DEDEAT: Coastal Zone Management

DEA: Ocean and Coasts

Department of Water and Sanitation

N/A January 2017

August 2017

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APPENDIX D: SPATIAL PLANNING DEFINITIONS DEFINITIONS & ACRONYMS (Also refer to Figure D-1) Admiralty Reserve - Narrow strips of State land that are dispersed along the coastline above the high water mark. Includes land demarcated as admiralty reserve, government reserve, beach reserve, coastal forest reserve or other similar reserve, regardless of who owns the land; Biodiversity - The number and variety of species of plants and animals, the genetic variability within species, and diversity of habitats and ecosystems Coastal access land – land adjacent to coastal public property designated as coastal access land in order to secure public access to the coastal public property Coastal buffer zone – the area of land 1km inland from the high water mark or from the inland boundary of the coastal public property in non-urban areas; and 100m from the high water mark in urban areas in which development and activities are strictly controlled. Purpose is to protect the ecological integrity & the economic, social and aesthetic value of the coastal public property. Coastal Limited Development Area – The land within the coastal buffer zone not designated as a development node or a No Development area in which development may be considered subject to certain criteria and conditions. Coastal protected area - a proclaimed protected area that is situated wholly or partially within the coastal buffer zone Coastal set-back lines – a prescribed coastal boundary adjacent to a sensitive coastal area in which no development may occur on the seaward side. Serves to the protect coastal public property; the coastal buffer zone and to preserve the aesthetic values of the coastal zone. Coastal Thicket – a unistratal community of multiple-stemmed dwarf trees and shrubs with a compact canopy (Tinley 1985) Coastal waters – the marine territorial waters including estuaries, rivers and lagoons which are periodically connected to the sea and subject to tidal influences. Dwelling unit – a self-contained inter leading group of rooms with not more than one kitchen used for the living accommodation and housing of a single family at an occupation ratio not exceeding three persons per habitable room, together with such outbuildings as are ordinarily used therewith. Dynamic coastal buffer zone – The area of land within of consisting of - 1:100 flood line; 50m from water courses or the high-water mark; 30m from coastal cliffs; or primary or mobile dunes High water mark – The highest point reached by the sea during ordinary storms occurring during the stormiest period of the year, excluding exceptional or abnormal sea-surges. Integrated coastal management – A holistic, continuous and dynamic process of sustainable use, development and protection of coastal resources. Littoral active zone - unstable and dynamic area of the coastline as a result of natural processes; characterised by dunes, beaches, sand bars and other landforms composed of unconsolidated sand, pebbles or other such material which is either unvegetated or only partially vegetated.

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Nature Reserve – a national park or other nature park in public ownership or that has been declared as such in terms of legislation and remains in private ownership; it includes an area which is used as a game park or reserve for fauna of flora in their natural habitat and includes the provision of accommodation facilities for tourists or holidaymakers Node (Urban Node) or Nodal development area - Describes an area of land which has been designated for development in terms of a Spatial Development Framework Plan. No development areas – Coastal areas comprised of proclaimed reserves, conservation areas or state forests; or areas deemed to be environmentally sensitive in which no future development should be permitted in order to maintain the ecological integrity and aesthetic value of the coastal zone. Public Open Space – means land which falls under, or is intended to come under, the ownership of the local authority, which is not leased or intended to be leased on a long term basis and which is utilised or will be utilised as an open space, park, garden, playground, or square and includes a public place. Ribbon development - Describes the spatial pattern of human settlement and infrastructure that is spread out along the coastline. Seashore - The water and the land between the low and high water marks. Sensitive coastal ecosystems - Ecosystems that are particularly vulnerable to disturbances by virtue of their inherent characteristics, or proximity or exposure to potential human or natural hazards. Special management areas - An area in which the environmental or socio-economic conditions require special management interventions in order to attain the objectives of any coastal management programme in the area; facilitate the management of coastal resources by a local community; promote sustainable livelihoods for a local community; or conserve, protect or enhance coastal ecosystems and biodiversity in the area.

Special zone – zone for which the use of land use restrictions are such that it is not catered for in these regulations; and which is set out in detail and of which the land use parameters are set out in detail by means of conditions of approval or by means of regulations contained in the special zone. Urban edge – The prescribed boundary surrounding an urban node which demarcates the limit for urban growth

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Coastal Protection Zone 1000m outside the urban edge

Coastal Protection Zone 100m within the urban edge

High-water Mark

Coastal Public Property

Territorial Sea Baseline

Exclusive Economic Zone 200+ nautical miles from

baseline

Figure D-1: A graphical representation of the coastal zones as described by the ICMA

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SAMPLE

SAMPLE OF SPATIAL PLANNING GUIDELINES Introduction The South African coastal zone provides numerous opportunities for investment and economic development due to its aesthetic appeal. Along the ADM coastline there is a fine balance between natural conserved coastal areas and nodal development areas. The declared Coastal State Forests have prevented ribbon development and ensured the maintenance of a coastal green belt which serves to protect both the flora and faunal species within the area. However, increasing demand for coastal property as well as the associated infrastructure poses a threat to the protection of coastal biodiversity as well as future sustainable economic use through tourism ventures. In order to ensure that the integrity of the ADM coastal zone is maintained appropriate protection of the resources and zonation of the coastal zone is required. There are currently a number of Spatial Development Framework (SDF) Plans within the ADM area, including:

ADM SDF

ADM SEA

ADM EMP In terms of the Municipal Systems Act these SDF’s become statutory plans once approved by Council, and are used to guide and inform all spatial development decisions. These SDF’s outline the proposed areas for different types of development and for public and private sector investment. However, due to the wide nature of the study area within these SDF’s the coastal area of ADM has not received any dedicated and detailed environmental input into the coastal spatial planning component. The recent increase in demand for coastal property and influx of applications for development to the authorities has highlighted the need for a dedicated coastal spatial development plan. The aim of this document is to provide guidance on spatial planning in the coastal zone through the demarcation of highly sensitive ecological areas as well as possible development areas. It should be noted that this document forms a sub-component of the ADMs Coastal Management Programme and should be read in conjunction with the supporting documentation. Objectives of the coastal spatial planning and development action plan In order to ensure sustainable coastal development within the ADM area the following strategic objectives have been identified for spatial planning and development within the coastal zone of the ADM:

1. Create mechanisms that facilitate shared views on what developments are desirable for the ADM coastline.

2. To provide guidelines for appropriate types of development. 3. To eliminate inappropriate development & fragmentation of ecosystems along the coastline.

4. To zone the coast for different levels of development. 5. To establish planning approval guidelines for development proposals within the coastal zone.

6. To develop guidelines for municipal infrastructure development 7. To generate baseline information and develop indicators that can be used to monitoring coastal

development

Criteria and concepts to guide coastal spatial development and planning Categories of zonation The ADM coastline currently has several nodal developments interspersed by natural and protected areas. In order to ensure the future protection of biodiversity and coastal resources, as well as the tourism and economic benefits derived from and dependent on these coastal resources, it is proposed that the coastal zone be zoned into three macro-zones:

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1. No Development areas; 2. Limited Development areas and 3. Urban Nodes.

Definitions and ecological systems falling within these three zones are elucidated in the table below. Table D-1: Macro-zoning categories for the ADM coastal zone

No Development Areas Coastal Limited Development Areas

Urban Nodes

Proclaimed nature reserves

ECBCP Critical Biodiversity Areas (CBA 1)

Areas identified as not suitable for development in the Coastal EMF

Rivers, estuaries and undisturbed riparian zones of rivers

Diverse coastal grasslands and coastal thicket vegetation types

Dynamic coastal areas including primary and mobile dunes and areas within 30m of the high water mark, including coastal cliffs.

All land within the coastal zone not classified as “No Development or Urban Node”.

Existing areas of degraded/modified agricultural land.

Areas where development could ensure future coastal dependent economic development and environmental benefits.

ECBCP Critical Biodiversity Areas (CBA 2)

Existing urban areas within the urban edge.

Identified coastal and tourism nodes.

Urban Nodes Introduction Nodal development areas within the ADM coastal zone range from the larger villages such as Hamburg and Kei Mouth to the smaller resort type development areas such as Begha, Mpekweni, Chintsa, Qolora and Mpame. The current land use and zoning of these areas varies considerably from industrial and commercial to resort status and the level of development varies accordingly. These nodal areas should have visually hard edges to give the settlement a sense of entry and exit and assist in defining the urban boundary more definitively. The following coastal areas have been identified for future nodal development in the various SDF’s prepared for the ADM coastline, including the Coastal EMP and The Wild Coast EMP. First order Coastal Nodes

- Hamburg

Second Order Coastal Nodes - Bhiga - Mpekweni

Within these nodal areas consolidated development and densification will be encouraged through the provision of bulk infrastructure and services. The guidelines below for development within the urban edge will apply. Guidelines for development in urban nodes

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The purpose of these guidelines is to facilitate the appropriate siting of development within the urban edge in terms of the landscape and environment. As such they provide site selection criteria which would be deemed appropriate in terms of environmental standards in order to assist the appropriate design of projects and evaluation of applications. Each application must, however, be evaluated based on its individual merits, and strong motivation will be required if exemption from any of the guidelines is required. Environment

No new housing developments on slopes greater than 1:6, with exemptions in certain cases being permitted for development on slopes up to 1:5 or more (not for public-funded housing projects)

No development to occur within the buffer zone along estuaries, defined as the following: i. No development within the 1:100 year flood line or within 100m of the high flood level,

including boathouses & jetties. ii. No development within 50m of river/estuary bank; with 100m being the preferred

distance. iii. No development below the 10m contour due to possible sea level rise iv. No fences or walls to be constructed across this area. v. No artificial landscaping within 1:20 flood line or within 30m of water courses; including

reclamation of land from rivers/estuaries; and bank stabilization unless evidence of significant erosion if available.

vi. No development to occur within sensitive coastal areas defined as: i. 30m of coastal cliffs. ii. 50m of the high water mark with the preferred distance being 100m. iii. within dynamic coastal areas such as mobile dune systems.

Flood lines to be defined for all rivers prior to development, and catchment size and intensity are to dictate the allowable developments within the 1:100 & 1:50 year flood zones.

No development within virgin coastal thicket, riparian vegetation, coastal grassland or potential areas of conservation significance within the nodal boundary.

No development on declared Municipal Open Space Systems; ECBCP CBAs.

No development to disturb declared cultural/heritage areas within nodes.

No development to be permitted in nodes if water is required to be abstracted from pristine or near pristine surface waters or stressed surface and groundwater sources, unless the relevant environmental studies and permit application process to DWAF demonstrates that such abstraction will result in acceptable environmental impacts, as determined by the relevant authority.

No development to affect traditional access to resources or public access to the coast.

No development to be visually obtrusive or break the primary skyline unduly (see aesthetic building guidelines).

No access points to rivers and beaches to be created unless subject to specialist evaluation and approval from the relevant authorities.

Bulk Infrastructure

Densification within nodes should be encouraged provided that the water demand is in accordance with the Municipal Water Services Development Plan

In the event that the water demand is likely to stress the municipal water supply development / densification should only be encouraged within nodes provided:

i. Plans exist and funding is available to upgrade the water services infrastructure in the near future

ii. Abstraction of water from natural sources (surface and ground) will not occur from stressed or pristine or near pristine (surface) sources

New development centrally located in close proximity to existing service infrastructure should be promoted and encouraged to facilitate service provision, while areas within nodes situated further away from points of service delivery should only be developed once the infrastructure plans have been completed. In other words the principle of densification within nodes must be adhered to.

The provision of roads and infrastructure servitudes within the coastal zone must take into consideration the environmental and aesthetic guidelines (particularly visual guidelines)

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Aesthetic & building guidelines

All building plans for construction within nodes submitted to the Architectural Department of the Directorate of Development Planning should comply with the following guidelines to facilitate processing the applications. Plans which do not comply with these guidelines will require written motivation and may be subject to additional environmental requirements (viz visual study) and/or review/evaluation by ADM environmental departments. Generally development within these nodal areas should be designed in such a way as to respond to the scale and form of development appropriate with the type of urban area i.e. first & second order nodes; commercial etc. The following guidelines apply to all nodes, and are followed by specific guidelines for primary, secondary and tourism nodes: 1. Although certain types of development may be dependent on a coastal/estuarine location those that

are not should be set back to minimize risks form sea level rise and coastal erosion, as well as protect the visual quality of the landscape from hard architectural settings.

2. Only public facilities/amenities should be permitted along the shoreline, subject to specialist evaluation and authorization from the relevant departments

3. Structures should not restrict or disrupt public access to the coastline 4. Public facilities and access should be provided for disabled persons 5. Nodal development areas should provide planned and controlled public access to the coastline in

appropriate locations with the appropriate amenities 6. Public car parks should not be situated in dynamic coastal areas and should be setback from the

coastline 7. Public access points and facilities should be designed and located in such a way as to direct people

away from sensitive coastal areas to facilitate management of coastal resources 8. Development should not be allowed to block the views of the coastline from key public viewing points

Primary Nodes

Larger types of housing developments permitted

Maximum of three storey’s (front and second row erf’s 2 storeys maximum)

Hard surface areas to have maximum coverage of 50%

Architectural style must attempt to be in harmony with the setting & whenever possible designed to minimise visual intrusion and disruption to the natural and/or semi-built setting.

Wherever possible paints which blend in with the natural setting must be used for roofing and walls Secondary Nodes

Maximum of two storey houses permitted

Design should compliment the landscape character rather than compete against it

Designs should maintain a vegetation zone between the coastline and a development to act as a buffer from winds and salt spray while assisting with visual screening

Hard surface areas to have a maximum coverage of 50%

Architectural style must attempt to be in harmony with the setting & whenever possible designed to minimise visual intrusion and disruption to the natural and/or semi-built setting.

Wherever possible paints which blend in with the natural setting must be used for roofing and walls

Visual obtrusion of infrastructure (e.g. bulk water supply reservoirs) should be minimized by appropriate design and where possible should be sited underground (e.g. power lines).

Tourism Nodes

Single storey accommodation units

Double storey public facilities may be constructed provided they are carefully sited and are not visually obtrusive

Development should be clustered in groups with minimal disturbance to vegetation through careful layout planning

Footprints should be minimized as far as possible

All buildings to blend in with the surrounding environment as far as possible with minimal removal/disturbance of vegetation for construction

Visual obtrusion of infrastructure (electricity and telephone lines) should be minimized by appropriate siting and design and where possible should be placed underground.

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Plans and layouts to be accompanied by an architect report on nter-alia, design specifications. Colour and form, height etc., as well as a site-specific environmental report which demonstrates how environmental considerations will/have been incorporated into the layout and design of the units and facilities. Depending on the sensitivity of the site, an environmental management plan may be required by the ADM IEM Unit.

Limited development areas The area within the coastal zone (see definition; section 3) not falling within No Development Areas (see section 7) or the Urban nodes is generally considered to be of moderate ecological sensitivity and as such are considered to be a Limited Development Area (LDA). One of the primary focuses of recent national legislation as well as the ADM CMP Vision is to ensure that ribbon development along the coastline is prevented. This includes development along the immediate coastline and directly behind the coastal state forest network. The focus is therefore on consolidating new development within the existing urban nodes. Although the Limited Development Areas may be degraded or transformed areas of previous agricultural lands in which little natural vegetation remains, future development within these areas will require strong motivation and must clearly indicate the socio-economic and environmental costs and benefits to the surrounding area in order to be considered. A large portion of the coastal area of the ADM was classified in the STEP project as a Network Area, and as such the general recommendations of the STEP project can be applied in this study as described below. Network areas are a system of natural pathways for plants and animals, which if safeguarded will ensure not only their current existence but also their future survival. The following basic rules for spatial planning within Network areas apply:

Only minimal loss of natural areas and minimal impacts should be allowed on condition that there are net overall gains for the environment (i.e. restoration of land or proclamation as reserve)

Development applications should be evaluated relative to the proposed sites current condition and impacts

Should the site be severely degraded/impacted then the entity granted development rights should be responsible for restoration of the portions to remain undeveloped, and these portions should be proclaimed as nature reserve or zoned as private open space.

If the site is relatively undisturbed then an Environmental Impact Assessment should be requested

The vegetation conservation priority classification outlined in STEP for the different vegetation types should be used when making an assessment.

The following environmental guidelines should also be followed: 1. STEP: All applications for development (including subdivisions) within the STEP Network areas and outside of the urban edge must comply with the provisions of NEMA/ECA. 2. NEMA: The National Environmental Management Act sets out the principles for environmental management and decision making as well as making provision for the promulgation of EIA regulations. Any application must therefore comply with the NEMA principles as all organs of state must take these principles into account when making decisions that could affect the environment. The ADM must therefore take cognizance of these principles when making land use or environmental decisions. The following principles are of particular relevance:

Environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably

Development must be socially, environmentally and economically sustainable.

Environmental management must be integrated, acknowledging that all elements of the environment are linked and interrelated, and it must take into account the effects of decisions on all aspects of the environment and all people in the environment by pursuing the selection of the best practicable environmental option.

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Equitable access to environmental resources, benefits and services to meet basic human needs and ensure human well-being must be pursued and special measures may be taken to ensure access thereto by categories of persons disadvantaged by unfair discrimination.

The social, economic and environmental impacts of activities, including disadvantages and benefits must be considered, assessed and evaluated, and decisions must be appropriate in the light of such consideration and assessment.

The environment is held in public trust for the people. the beneficial use of environmental resources must serve the public interest and the environment must be protected as the people’s common heritage.

Sensitive, vulnerable, highly dynamic or stressed ecosystems, such as coastal shores, estuaries, wetlands, and similar systems require specific attention in management and planning procedures, especially where they are subject to significant human resource usage and development pressure.

Coastal Zone Management Principles: All developments are to comply with Coastal Zone Management Principles and sensitive coastal ecosystems need to be protected from further degradation. The Eastern Cape Provincial Spatial Development Plan prescribes that development must not be permitted in environmentally sensitive areas such as:

State forests;

Dunes and estuaries;

Landscaping within 30 m of water courses;

Within 1:100 year flood lines

Along major rivers or within 50m of water courses;

Game reserves and nature sanctuaries;

Slopes steeper than 1:6;

Heritage sites with tourism potential; and

Wetland areas. Aesthetic and Environmental Controls: The purpose of these controls is to ensure that new development within the coastal zone does not affect the landscape quality negatively or result in fragmentation of the eco-system

The architectural style should take into account sustainable development measures.

Mass clearing of indigenous vegetation is not permitted during construction, and for the construction of dwelling units an area the size of the building footprint must only be cleared.

Indigenous plants should be retained and/or rehabilitated back into the area if necessary.

Private gardens should be limited.

The colour of walls and roofs should be sensitive to the environment and views onto the site.

The height of buildings should be appropriate, with double storey units being an exception.

Onsite environmentally friendly sanitation options are to be used.

Spaces between units should be greater than in an urban environment.

Where possible units must be spaced so that each unit has a view without additional height having to be added to structures.

Solar power systems are to be encouraged.

The number of units allowed in a development must be based on the carrying capacity of the environment as defined here and/or as assessed in the EIA.

Visual intrusion from servitudes (electricity, roads, pipelines etc.) must be taken into consideration and minimized.

Development Principles In addition the following principles should be taken into consideration when assessing development applications:

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Slope and topography: Development of housing on slopes of 1:6 or greater must not be permitted due to the ecological impacts which may result (e.g. soil erosion; slope failure etc.) and they should be demarcated as No Development Areas. (exemptions in certain cases may be permitted for development on slopes up to 1:5 or greater but requires motivation). Landscape quality: All development proposals must be evaluated in terms of their effects on the landscape quality of the surrounding area. This must consider the visual absorption capacity of the surrounding land and the visual intrusion which will result from a development. Urban sprawl: A development should not contribute to urban sprawl as a result of “leap frogging” thereby promoting secondary development Heritage and cultural resources: A development site must not be situated on a designated cultural/heritage area. Carrying capacity: New tourism developments outside of the urban edges must evaluate the impacts of the proposed influx of tourists on the immediate natural surrounding areas as well as neighbouring natural and urban areas, a value judgement may be required to determine if a development will exceed the ecological carrying capacity of the surrounding area. They should not promote secondary development (service station; shopping centres etc.) thus creating the need for new a development node. Storm water management: Increases in hard surfaces as a result of residential developments have the potential to create storm water run-off issues. Any significant developments outside of the urban edges must demonstrate how they will accommodate and mitigate storm water run-off in a manner that minimises ecological impacts. Water provision: Water resources required for any development should be readily available from the municipal water services supply, or surface and ground water sources; However, developments cannot be situated outside of urban nodes where the municipal water supply is stressed; or water is required to be abstracted from rivers/estuaries which are in pristine or near pristine condition; or the surface and ground waters which are considered to be stressed, unless the relevant environmental studies and permit application process to DWAF demonstrates that such abstraction will result in acceptable environmental impacts, as determined by the relevant authority. Should the municipal water supply scheme be unable to provide sufficient water for any development (both potable and for irrigation purposes) the proponent will need to provide details on how water will be provided. The environmental impacts associated with any such scheme will need to form part of the project EIA, and the developer must determine whether he will need to register as a water services provider. Any such supply scheme will also need to comply with DWAF requirements outlined in the National Water Act. Waste disposal and sanitation: Any developments outside the urban edges must be self-sufficient and have a detailed plan for waste disposal and package treatment sanitation systems. Developments outside of nodes must not be reliant on the municipal sewage systems as these are planned and designed to accommodate treatment volumes from the defined nodal development areas and may not have sufficient capacity to accommodate additional volumes. In all cases the environmental impacts associated with the waste disposal and sanitation systems will need to be assessed as part of the project EIA. Infrastructure requirements: The impacts on the natural environment from additional infrastructure requirements must be carefully considered and must be assessed as part of the project EIA. Agriculture: Development must not take place on high value agriculture lands or reduce the area of high or medium value agriculture lands significantly, thereby reducing the potential productivity of these areas Buffer zones: A development is not to be situated in a dynamic coastal buffer zone or a river/estuarine buffer zone as defined in Definitions and Acronyms (1:100 flood line; 50m from water courses; high-water mark or 30m from coastal cliffs; or on primary or mobile dunes) or as defined on the GIS. Landscaping is not to occur within 30m of watercourses.

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Biodiversity corridors: A development will not impact significantly on biodiversity corridors including STEP network areas and the “coastal green corridor” Pristine habitats: Developments will not be situated closer than 50m from rivers designated as being pristine, near pristine or stressed. Traditional & public access: a development must not prohibit or alter traditional access to resources or restrict public access to the coast unduly. Formal access points to rivers/estuaries & beaches are only to be constructed after specialist evaluation and authorization by authorities Subdivision and rezoning guidelines These spatial guidelines apply to the coastal zone as defined in the ICZMP, however, specific reference should be made to local Spatial Development Framework plans such as those developed for the Hamburg area when considering site specific developments within these areas. Two types of development are possible outside of designated nodes and the Urban Edge within Limited Development Areas of the coastal zone, namely; 1) Non-Urban Development, (situated away from the urban nodes) and 2) Urban development requiring an extension of the Urban Edge. (Situated adjacent but outside the existing urban edge) Guidelines for Non-Urban Development away from urban nodes Non-urban development within LDA’s is subject to specific legislative & environmental requirements such as subdivision, rezoning and EIA requirements, and all development proposals outside of the urban edge should be assessed in terms of the following guidelines, in addition to those already outlined in section 6.1.1 above. Subdivision of Agricultural Land The subdivision of farms into multiple individual farms to avoid the rezoning process and/or the density requirements below (Table 6.1 & 6.2) are not considered desirable, as it negates the intention of the density and coverage policy and will not be supported. Such subdivision shall be in accordance with the stipulations defined in (relating to viable farm units/sizes) the Agricultural Act. The Land Use Planning Ordinance 25 of 1985, Scheme 8 regulations indicate that the minimum subdivision of agricultural land is 0, 8 ha. Where no subdivision is involved a density of 1 dwelling unit for every 10 ha up to a maximum of five dwelling units is permitted. It is proposed that the Scheme 8 regulations be applied within ADM, but with a recommended minimum subdivision size of 10ha. Business and Commercial developments The rezoning of Business / Commercial/ Industrial uses must only occur in conjunction with identified rural nodes and should not be permitted within the coastal zone (See definition section 3) unless motivation can be given to prove that they are coast dependent. Residential / Accommodation type developments a) Residential Development All development outside of the Urban Edge is subject to the following limitations:

Intensity of uses (ie coverage and density)

Environmental requirements

Restrictions on ownership

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Golf estates will only be considered in areas adjacent to the urban edge of primary, secondary and tourism nodes and then subject to the following conditions

All the requirements in section 6 of this report are met National & provincial policies and guidelines for the development of golf estates are

followed (if available) b) Permitted Coverage In the first instance all development is to be situated on one portion of the site (i.e. clustered) and must be located on portions of the land that will result in the least amount of environmental impact. The remainder of the property should be zoned as private open space (the use of the private open space must be indicated) or agricultural. Should the applicant seek a variation to this recommendation, then the ecological sensitivity of the site will need to be determined, and measures to minimise ecological impacts on vulnerable sites arising from the larger ecological footprint must be provided as part of this motivation. A Site Development Plan for the whole farm will be required as well as for any Resort 1 and Resort 2 developments (the area for development and the remainder should be shown) The Site Development Plan must also incorporate an ecological sensitivity analysis to identify areas of low sensitivity on which developments could be situated (See Appendix 3 for information requirements for submission of applications). Future applications will take the original Site Development Plan into account and in certain cases no sectional title schemes, further subdivision or rezoning for resort/residential uses of the remaining area will be permitted, and this will be included as a Condition of Title. c) Permitted Density Guidelines for the maximum permissible densities for tourism and residential development are presented in tables 6.1 and 6.2 below. Should the EIA/ Scoping Report indicate lower densities than those prescribed in Tables 6.1 and 6.2 below, the lower densities shall be applicable. The following principle applies to the rezoning of land for Resort uses: Additional resort uses and ownership outside the urban edge are permitted at low densities provided that there is a net gain to the environment; this is considered desirable as it will assist in management of the coastal zone by populating rural land with residents who will act as custodians of the natural environment. The intention is to allow rezoning to resort uses where the owners will actively manage and upgrade, were necessary, the surrounding natural environments of the land being rezoned. Table D-2: Development of Land for Tourism Purposes (Non-ownership of units) outside of the Urban Edge e.g.

Resorts

Land Area (ha)

Combined Coverage

Maximum number of units1)

permitted

Number of units per ha

1-10 10 % 2-20 2

11-25 10 % 40 1.6

26-50 10 % 60 1.2

51-100 10 % 80 0.8

101-150 10 % 100 0.7

151-200 10 % 120 0.6

201 + 120 (for all farms larger than 200ha)

<0.6

Note: 1.) A unit for purposes of Table 6.1 includes a dwelling unit as well as interleading or separate units within a dwelling unit or other buildings that can be used/sold/rented/leased separately.

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In Table 6.1 the number of dwelling units permitted in the definition of dwelling units excludes second dwelling units and bono fide servants quarters or labourers cottages. If there are servant’s quarters or labourers cottages on the farm no additional such units will be permitted. In addition no separate title will be granted to any servant quarters or labourers cottages unless these are linked to legitimate Land Reform process. It is recommended that dwelling units in Coastal Limited Development areas should not have a footprint surface area of greater than 300m

2, and shall not be more than 2 storeys high (ground level and one floor).

Table D-3: Development of Land for Residential Purposes outside of the Urban Edge (Full ownership of units)

Land Area (ha) Combined Coverage Number of units1)

permitted for ownership2)

1-10 10 % 3

11-25 10 % 4

26-50 10 % 6

51-100 10 % 8

101-150 10 % 10

151-200 10 % 12

201 + 12

Note: 1.) A unit for purposes of Table 6.1 includes a dwelling unit as well as interleading or separate units within a dwelling unit or other buildings that can be used/sold/rented/leased separately.

2.) In Table 6.1 the number of dwelling units permitted in the definition of dwelling units excludes second dwelling units and bono fide servants’ quarters or labourers cottages. If there are servant’s quarters or labourers cottages on the farm no additional such units will be permitted. In addition no separate title will be granted to any servants quarters or labourers cottages unless these are linked to legitimate Land Reform process.

The intention of the densities permitted in Table 6.1 and 6.2 is to allow development of holiday / tourism accommodation such as hotels, resorts and game farms, but to discourage the development of urban type densities and in particular private ownership of units outside of the Urban Edge. The type of development to be permitted outside of the Urban Edge should promote tourism and the creation of sustainable job opportunities (long term), whereas developments within the urban edge are residential in nature. No further units, subdivisions, developments or schemes that permit ownership of any sort (such as lease hold, shareblock, sectional title, closed corporations, trusts etc.) will be permitted.

Guidelines for Urban Development adjacent to the urban edge Extension of the Urban Edge to accommodate new urban development will be approved in a sequential manner according to the following guidelines a) Applications for extension to the urban edge can only be considered once:-

i. The area within the ADM Urban Edge has been developed substantially and the remaining area available for high income residential areas is limited

a. A report indicating the unavailability of suitable land within the urban edge, including market projections and other evidence that an expansion of the urban edge is required to meet property demands

b. Golf estates will only be considered in areas adjacent to the urban edge of primary,

secondary and tourism nodes and then subject to the following conditions i. All the requirements in section 6 of this report are met

ii. National & provincial policies and guidelines for the development of golf estates are

followed (if available) ii. Limited expansion of the Urban Edge at second order coastal nodes (also in a sequential manner) will

only be considered once the Urban Edges of the first order coastal nodes have been substantially developed.

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b) Planning Considerations Extensions to the urban edge will only be considered if

The built environment portion of any development is situated adjacent to the existing Urban Edge;

The proximity of existing urban development and/or the center of the original node is to be considered to ensure adequate service provision

Leapfrogging” development will only be permitted if the proposed development consists of upgrading existing development and no new developments will take place

c) Environmental Considerations The Coastal Zone Management principles will apply; A full EIA will be required as per NEMA/ECA which must consider secondary impacts such as: (i) The sustainability of water supply; (ii) Other infrastructural requirements (iii) Aspects of cumulative impacts and long-term sustainability; (iv) Social impacts such as the location and extent of worker housing and associated facilities. d) Granting of Additional units For developments adjacent to the Urban Edge that have considered the environmental sensitivity of the site, are considered to be eco-friendly, involve the restoration of previously degraded environments and also comply with the proposed aesthetic and environmental guidelines; additional units for ownership may be considered over and above those indicated in Table 6.1a and 6.1b in section 6.2.1. Such development will be considered to be outside of the Urban Edge and will not be considered as creating a precedent for further development. This will require strong motivation and careful consideration of environmental aspects including plans for managing the natural environment/open space (e.g. alien control etc.). It is most likely that a full Environmental Impact Assessment would be required in order to meet these requirements. e) Review of the Urban Edge Review of the extension of all Urban Edges at the coastal nodes will become necessary once extensions to the Urban Edge, approved on an ad hoc basis, total 50% of the original size of the Urban Edge. Extensions to the Urban Edge will be considered on a ‘first come first served’ basis. Such a review must consider:

The Spatial Objectives and Strategies of the ADM SDF/IDP;

Approved but not built developments that have resulted in the extension of the Urban Edge. Development Contributions Apart from any other contributions required for services, the cost of upgrading and maintaining the portion of the land (required to fulfil the net gain to the environment in terms of these guidelines) to remain as undeveloped is considered to be the applicants “development contribution” in return for the additional zoning rights applied for. Public Participation The applicant/developer is required to fully inform the affected communities by means of advertisements in the press and public meetings where any development type as described in section 6. No Development areas Introduction No Development Areas (NDAs) consist of all areas which are officially proclaimed local, provincial or national nature reserves and protected areas or state forests. However, they also include additional areas, which are deemed to be ecologically and environmentally sensitive to disturbance. This will ensure the protection of sensitive and dynamic coastal habitats along the ADM coastline and the maintenance of a “Coastal Green Network” which will allow for maintenance of biodiversity and movement of fauna along the ADM coastal zone.

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Sensitive areas In order to identify sensitive areas an ecological sensitivity analysis was undertaken using aerial photography, STEP GIS data, field surveys and expert knowledge within the ADM coastal zone. Using this information areas of high ecological and environmental sensitivity were identified. These areas were used to define the boundaries of No Development Areas within the ADM coastal zone in conjunction with the proclaimed conservation areas. This was done in order to ensure the maintenance of sufficient areas of natural coastal capital within the ADM. The maintenance of these areas is of strategic importance to the ADM for the following reasons:

1. Ensures the maintenance of a scenic landscape for promotion of tourism 2. Allows for local tourism development due to the scenic landscape 3. Tourism will create local employment opportunities and economic development of local communities 4. Ensures protection of the dynamic coastal areas 5. Ensures conservation of the biodiversity through the formation of a coastal corridor for the

maintenance of ecosystem functioning and animal movement Criteria for defining sensitive/no development areas The following criteria were used for the identification and demarcation of areas of high environmental sensitivity outside of existing proclaimed reserves. These criteria are considered to be exclusionary criteria for any future development and as a result any part of the coastline which had attributes meeting these criteria were considered to be of HIGH SENSITIVITY and are therefore NO DEVELOPMENT areas. Criteria for NO Development Areas:

STEP Critically endangered and Process Areas

ECBCP CBA1 areas

ECBCP CBA2 areas identified as sensitive in terms of the EIA process.

Incorporate recommendations of Coastal EMF and Wild Coast EMP

Officially proclaimed nature reserves, conservation areas or forests

Areas of pristine coastal forest/thicket

Any area within the 1:100 year flood line

Areas of pristine and diverse coastal grasslands

Slopes of 1:5 or steeper

Any area below the 10m contour

Riparian and buffer areas along watercourses (rivers and estuaries) including: within 100m from the high flood level within 50m of watercourses

Dynamic and coastal buffer areas including: o Primary of mobile dune systems o Within 30m of coastal cliffs o Within 100m of the high-water mark within the urban edge o Within 1000m of the high-water mark outside of the urban edge

Any land declared as open space Table D-4 below outlines the descriptions for each of these criteria as well as opportunities and constraints associated with them.

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Table D-4: Criteria used for identifying coastal areas No Development Areas (high environmental/ecological sensitivity)

Criteria Description Spatial planning Restrictions Spatial Planning Opportunities

STEP Process Area* Area where selected natural processes function e.g. river courses including their streams and riverbanks, interfaces between solid thicket and other vegetation types and sand corridors

No loss of process area and no further impacts should be allowed

Although no further disturbance is permitted surrounding land may be suitable for eco-friendly activities and tourism. Severely degraded areas should be restored and managed/proclaimed as nature reserves

STEP Nature Reserve* Existing protected areas – local, provincial, national

Area to be managed and maintained solely for nature conservation purposes

STEP Critically Endangered*

Ecosystems whose original extent has been severely reduced, and whose health, functioning and existence is endangered

No further loss of natural areas and no further impacts should be allowed. Any disturbance should only be allowed on condition that there is a net overall gain for the natural environment i.e. restoration of remaining land and management/proclamation as nature reserve

May be suitable for eco-friendly activities which have minimal impacts such as hiking trails. Degraded areas present opportunities for IDP projects for restoration

Coastal thicket & Forest Area of coastal dunes dominated by trees and shrubs. Thicket vegetation consists of a dense array of woody shrubs and trees forming an impenetrable community. Coastal forests consist of similar species but larger trees are more common and undergrowth is less dense.

No further loss of coastal forest and thicket may be permitted.

Coastal Grasslands Unique assemblage of herbaceous species (grasses & herbs) of high biodiversity and restricted to the coastal zone

No further loss of natural coastal grasslands may be permitted. Eco-friendly activities such as trails may be permitted

Degraded areas adjacent to natural grasslands may present development opportunities and allow access to these areas for eco-friendly activities

Estuaries, rivers, wetlands & floodplains (1:100 flood line) and the riparian zones within 50m of water courses and below the 10m contour

These areas will largely be covered by STEP process areas. Any additional estuarine, river, wetland or floodplain areas and their riparian zones are in urgent need of protection from further development in order to prevent further degradation to the aquatic environments

No new development must be permitted within a reasonable distance from the water’s edge or within pristine riparian vegetation.

Suitable public access to these areas can be provided as well as amenities to facilitate public use.

Dynamic coastal buffer zones including primary and mobile dunes, 30m

These areas are largely protected by the coastal state forests and fall within the STEP categories

No development to be permitted within these areas with the exception of coastal public access infrastructure

Access for the public should be provided to enhance the recreational and tourism value of the area

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SAMPLE

Criteria Description Spatial planning Restrictions Spatial Planning Opportunities

from cliffs and 50m from the high water mark

Steep gradients Any river/estuarine valleys or ground with slopes equal to or steeper than 1:5

No development permissible Public access may be provided, provided specialist input and authority approval has been obtained

*Definitions and descriptions taken from the STEP project.

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SAMPLE

Mechanisms for adoption No development should be located within these areas and they should be protected from future development by being adopted into the ADM Spatial Development Framework as NDAs on a case by case basis. This can be achieved by rezoning to Private Open Space, Nature Reserve or Special Zoning where possible depending on the nature of the land tenure. Incentive schemes need to be developed to encourage private land owners who currently have areas of land worthy of protection to maintain it in its natural state. Coastal setback lines NDAs should also be used to determine and demarcate the coastal set back line (when the Coastal Bill is promulgated) for the ADM coastline. Coastal set-back lines can be demarcated by any coastal management programme, coastal zoning scheme or a municipal zoning scheme and should assist in:

o The protection of coastal public property; o The protection of the coastal buffer zone; o The maintenance and preservation of the aesthetic values of the coastal zone;

In terms of the ICMA, no person may erect, place, alter or extend a structure that is wholly or partially seaward of a coastal set-back line unless the prescribed permission has been obtained. Demarcation of coastal setback lines will therefore assist in management and regulatory control within these areas.

Guidelines for Utilization of NDAs Although these areas are considered to be NO DEVELOPMENT areas the provision of access and educational facilities may be considered in order to increase the value of these areas provided the impacts are minimal and the proposed infrastructure is carefully sited and planned in accordance with the conservation goals. In addition infrastructure servitudes may require to pass though these areas in order to provide services to the coastal nodes. However, this should be minimized where possible through the realignment of servitudes where feasible. No commercial or freehold development may be permitted within these areas. Types of development/infrastructure which may be permitted includes those which will enhance the nature conservation value of the resource and create opportunities for community involvement. Activities such as coastal hiking trails and nature walks within the coastal forests, with appropriate boardwalk infrastructure are suitable. Huts for overnight accommodation may be considered in certain instances but it is most likely that suitable land outside of the sensitive areas may be available for the construction of accommodation units. Day walks, information boards and additional educational aids should be provided to increase the educational and tourism value while assisting in the awareness training of the public. The establishment of an education centre either within one of these areas (careful site selection must be ensured) or on adjacent land would also add value to the conservation and educational potential of these areas. No other developments with large footprints and requiring clearing of vegetation or additional infrastructure may be considered within these NO Development areas (Table 7.2). Table D-5: Opportunities & constraints for the use of areas identified as No Development Areas

Opportunities Constraints

Passive nature based recreational activities

Educational activities and facilities

Public access & education/information facilities

Community involvement in tourism guiding tourist curios

Tourism promotion through provision of access and advertising

Use of natural materials for infrastructure (boardwalks etc)

No further loss of natural areas or degradation to be permitted

Any land not already within nature reserve must be demarcated as private open space or nature reserve

Minimal disturbance to natural vegetation - no large infrastructure footprints

No private or commercial development of land

No development within 50m of water courses or within the 10m contour.

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Development guidelines for public infrastructure and amenities in No Development Area (area of high environmental/ecological sensitivity) – self-sufficient (package sewage systems, waste disposal off site etc) – sensitively designed for minimal impacts e.g. stilted wooden structures with minimal footprints – Infrastructure to be sited to avoid damage to existing woody vegetation – Infrastructure should be ‘temporary’ in nature and should be able to be removed and the site rehabilitated

should this be required – Architectural theme and construction materials to blend in with natural settings – Infrastructure must not break the primary skyline, services (electricity etc.) to be provided underground – Carrying capacity of each site to be carefully determined and regulated through controlled access points – Guest/tourism activities to be carefully regulated – No development must be permitted within 1:100 flood line or 50m of watercourses (preferably 100m) or the

high water mark

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APPENDIX E: RELEVANT LEGISLATION The following environmental legislation, policy and sector plans are relevant to the development of the ADM CMP The Constitution South Africa's Constitution provides within its Bill of Rights that everyone has the right: a. to an environment that is not harmful to their health or well-being, and b. to have the environment protected for the benefit of present and future generations, through reasonable

legislature and other measures that: i. prevent pollution and ecological degradation;

ii. promote conservation; and iii. secure ecologically sustainable development and use of natural resources while promoting justifiable

economic and social development National Environmental Management Act (No. 107 of 1998) NEMA serves as framework legislation for South Africa because it provides for overarching and generic principles that should inform South Africa’s environmental management and governance. NEMA is mainly regarded as a reasonable legislative measure required from State in order to fulfil obligations imposed upon it by the constitutional environmental right to protect the environment through reasonable legislative measures and other measures. Furthermore, NEMA is intended to give effect to the cooperative governance imperative contained in the Constitution. The EIA regulations, as amended in 2014, make provision for the protection of the coastal zone by incorporating the following listed activities:

Listed activity Description

GN R 983: 15 BASIC

ASSESSMENT

The development of structures in the coastal public property where the development footprint is bigger than 50 square meters, excluding –

The development of structures within existing ports or harbours that will not increase the development footprint of the port or harbour.

The development of a port or harbour, in which case activity 26 in Listing Notice 2 of 2014 applies.

The development of temporary structures within the beach zone where such structures will be removed within 6 weeks of the commencement of development and where indigenous vegetation will not be cleared.

Activities listed in activity 14 in Listing Notice 2 of 2014, in which case that activity applies.

GN R983: 17 BASIC

ASSESSMENT

Development

In the sea

In an estuary

Within the littoral active zone

In front of a development set back

Or if no setback exists, within a distance of 100m inland of the high water mark of the sea or an estuary, whichever is greater

In respect of

Fixed or floating jetties

Tidal pools

Embankments

Rock revetments or stabilising structures including stabilising walls

Buildings of 50 square meters or more

Or infrastructures with a development footprint of 50 square meters or more

GN R983: 18 BASIC

ASSESSMENT

The planting of vegetation or placing of any material on dunes or exposed sand surfaces of more than 10 square meters, within the littoral active zone, for the purpose of preventing the free movement of sand, erosion or accretion.

GN R983: 19(ii)(iii)

BASIC

The infilling or depositing of any material of more than five cubic meters into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock from

The seashore

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ASSESSMENT The littoral active zone, an estuary or over a distance of 100m inland of the high-water mark of the sea or an estuary, whichever distance if greater

GN R983: 54 BASIC

ASSESSMENT

Expansion of facilities

In the sea

In an estuary

Within the littoral active zone

In front of a development setback

Or if no setback exists, within a distance of 100m inland of the high-water mark of the sea or an estuary, whichever is greater

In respect of

Fixed or floating jetties

Tidal pools

Embankments

Rock revetments or stabilising structures including stabilising walls

Buildings of 50 square meters or more

Or infrastructures with a development footprint of 50 square meters or more

GN R984: 10 FULL SCOPING

AND EIR

The development of facilities or infrastructure for marine telecommunication

GN R984: 26 FULL SCOPING

AND EIR

Development

In the sea

In an estuary

Within the littoral active zone

In front of a development set back

Or if no setback exists, within a distance of 100m inland of the high water mark of the sea or an estuary, whichever is greater

In respect of:

Facilities associated with the arrival and departure of vessels and the handling of cargo

Piers

Inter- and subtidal structures for the entrapment of sand

Breakwater structures

Coastal marinas

Coastal harbours or ports

Tunnels

Or underwater channels

GN R985: 1 BASIC

ASSESSMENT

The development of billboards exceeding 18 square meters in size outside urban areas, mining areas or industrial complexes in

areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

in an estuarine functional zone

GN R985: 2 BASIC

ASSESSMENT

The development of reservoirs for bulk water supply with a capacity of more than 250 cubic meters

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 3 BASIC

ASSESSMENT

The development of masts or towers of any material or type used for telecommunication broadcasting or radio transmission purposes where the mast tower is to be placed on a site not previously used for this purpose and will exceed 15m in height

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 4 BASIC

ASSESSMENT

The development of a road wider than 4m with a road reserve less than 13.5m

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 5 BASIC

The development of resorts, lodges, hotels and tourism or hospitality facilities sleep less than 15 people

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ASSESSMENT In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 6 BASIC

ASSESSMENT

The development of resorts, lodges, hotels and tourism or hospitality facilities sleep more than 15 people

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 7 BASIC

ASSESSMENT

The development of aircraft landing strips and runways 1.4km and shorter In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 8 BASIC

ASSESSMENT

The development and related operation of above ground cableways and funiculars in areas outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 9 BASIC

ASSESSMENT

The development and related operation of zip lines and foefie slides exceeding 100m in length n areas outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 10 BASIC

ASSESSMENT

The development of facilities or infrastructure for the storage, or storage and handling of dangerous goods, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 cubic meters

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 11 The development of tracks for the testing, recreational use or outdoor racing of motor powered vehicles excluding conversion of existing tracks or routes for the testing, recreational use or outdoor racing of motor powered vehicles

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 12 BASIC

ASSESSMENT

The clearance of an areas of 300 square meters or more of indigenous vegetation except where such clearance of indigenous vegetation is required for maintenance purposes undertaken in accordance with a maintenance management plan within the littoral active zone or 100m inland of the high-water mark of the sea or an estuarine functional zone, which ever distance is greater, excluding where such removal will occur behind the development setback line on erven in urban areas.

GN R985: 13 BASIC

ASSESSMENT

The development and related operation of facilities of any size for any form of aquaculture in an estuarine functional zone

GN R985: 14 BASIC

ASSESSMENT

The development of

Canals exceeding 10 square meters in size

Channels 10 square meters in size

Bridges 10 square meters in size

Dams, where the dam, including infrastructure, exceed 10 square meters in size

Weirs, where the weir, including infrastructure, exceed10 square meters in size

Bulk storm water outlet structures exceeding 10 square meters in size

Marinas exceeding 10 square meters in size

Jetties exceeding 10 square meters in size

Slipways exceeding 10 square meters in size

Buildings exceeding 10 square meters in size

Boardwalks exceeding 10 square meters in size

Infrastructure or structures with a physical footprint of 10 square meters or more Where such development occurs

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 15 BASIC

The transformation of land bigger than 1000 square meters in size, to residential, retail, commercial, industrial or institutional use where such land was zoned open space,

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ASSESSMENT conservation or had an equivalent zoning, on or after August 2010 in areas outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists or inside urban areas in areas seawards of the development setback line or within 100m from the high-water mark of the sea if no such development setback exists or

GN R985: 16 BASIC

ASSESSMENT

The expansion of reservoirs for bulk water supply where the capacity will be increased by more than 250 cubic meters outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 17 BASIC

ASSESSMENT

The expansion of a resort, lodge, hotel and tourism or hospitality facilities where the development footprint will be exceeded

In an estuarine functional zone

outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

inside urban areas in areas seawards of the development setback line or within 100m from the high-water mark of the sea if no such development setback exists or

GN R985: 18 BASIC

ASSESSMENT

The widening of a road by more than 4m or the lengthening of a road by more than 1km

In an estuarine functional zone

outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

inside urban areas in areas seawards of the development setback line or within 100m from the high-water mark of the sea if no such development setback exists

GN R985: 19 BASIC

ASSESSMENT

The expansion of aircraft landing strips and runways where the landing strips and runways will be longer than 1.4km in length

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 20 BASIC

ASSESSMENT

The expansion and related operation of above ground funiculars and cableways where the development footprint will be increased

In an estuarine functional zone

All areas outside the urban edge

inside urban areas in areas seawards of the development setback line or within 100m from the high-water mark of the sea if no such development setback exists

GN R985: 21 BASIC

ASSESSMENT

The expansion of tracks for the testing, recreational use or outdoor racing of motor powered vehicles excluding conversion of existing tracks or routes for the testing, recreational use or outdoor racing of motor powered vehicles, where the development footprint will increase

In an estuarine functional zone

In areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 22 BASIC

ASSESSMENT

The expansion of facilities or infrastructure for the storage, or storage and handling of dangerous goods, where such storage facilities and infrastructure will be expanded by 30 cubic meters or more but no more than 80 cubic meters

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

In urban areas within 500m of an estuarine functional zone

GN R985: 23 BASIC

ASSESSMENT

The expansion of

Canals where the canal is expanded by 10 square meters or more in size

Channels where the channel is expanded by 10 square meters or more in size

Bridges where the bridge is expanded by 10 square meters or more in size

Dams where the dam is expanded by 10 square meters or more in size

Weirs where the weir is expanded by 10 square meters or more in size

Bulk storm water outlet structures where the structures are expanded by 10 square meters or more in size

Marinas where the marine is expanded by 10 square meters or more in size

Jetties where the jetties is expanded by 10 square meters or more in size

Slipways where the slipway is expanded by 10 square meters or more in size

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Buildings where the building is expanded by 10 square meters or more in size

Boardwalks where the boardwalk is expanded by 10 square meters or more in size Infrastructure or structures with where the physical footprint is expanded by 10 square meters or more

Where such development occurs

In an estuarine functional zone

Outside urban areas in areas seawards of the development setback line or within 1km from the high-water mark of the sea if no such development setback exists

GN R985: 24 BASIC

ASSESSMENT

The expansion and related operation of facilities of any size or form of aquaculture in an estuarine functional zone.

GN R985: 25 BASIC

ASSESSMENT

The expansion and related operation of zip-lines or foefie slides where the zip line or foefie slide is expanded by more than 100m in all areas outside urban areas and inside urban areas in areas seawards of the development setback line or within 100m from the high-water mark of the sea if no such development setback exists

Integrated Coastal Management Act (Act No. 28 of 2008) The Integrated Coastal Management Act (ICMA) seeks to facilitate the implementation of the White Paper for Sustainable Coastal Development and to simplify the legislative framework regulating the use of coastal resources. Objectives of the Act Section 2 describes the objectives of the Act as follows:

Sets out a new and integrated approach to managing the nation’s coastal resources in order to promote social equity and to make best economic use of coastal resources, whilst protecting the natural environment. Specifically, the Act seeks to:

Provide a legal and administrative framework that will promote cooperative, coordinated and integrated coastal management;

Preserve, protect and enhance the status of the coastal environment as the heritage of all;

Ensure that coastal resources are managed in the interest of the whole community;

Ensure that there is equitable access to the opportunities and benefits derived from the coast; and

Give effect to South Africa’s international law obligations. Main features of Act The ICMA comprises twelve chapters, the main features of which are outlined below. Chapter 2: The coastal zone This chapter defines the extent and legal status of the coastal zone and different areas therein. It identifies coastal public property, which includes the sea, the beach and state-owned land. The Act provides for improved protection of, and access to, these public assets. The Act also allows for a coastal protection zone (100 m in urban areas and 1,000 m in rural areas). This area can be made wider in more sensitive areas and narrower in less sensitive areas. The Act requires activities such as developments in these areas to take account of the dynamic nature of the coast and to protect people and property from harm from natural causes such as coastline erosion and flooding, or new threats like sea level rise as a consequence of global warming. The Act requires municipalities to designate coastal access land (see clause 18) and implores municipalities to include consideration of environmental factors. Clause 23 provides that special management areas may be declared and clause 24 deals with the management of such areas in order to give effect to the recognition in the White Paper that the diversity of the coast requires different management approaches in different areas. Clause 25 authorises MEC’s to establish coastal management (set-back) lines, making it necessary to obtain permission for erecting or altering a structure situated seaward of the line. A coastal set-back line may, for example, be established to ensure that the shadows from high buildings do not fall on the beach or in order to take into account possible effects of sea level rise.

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Chapter 3: Boundaries of coastal areas This chapter provides procedures for demarcating and adjusting the boundaries of coastal public property, the coastal protection zone, special management areas and coastal access land (clauses 26-29). It also sets out the considerations which must apply in respect of such demarcations and adjustments. Interested and affected parties have an opportunity to contribute to the process of demarcating or adjusting coastal boundaries. Provision is made for marking boundaries on zoning maps and endorsements by the Registrar of Deeds (clauses 31 and 32). Reference is made to ‘coastal boundaries’ throughout this chapter to make a distinction between these boundaries and municipal zoning or other official territorial boundaries, governed by other legislation and processes. Coastal boundaries do not affect existing property rights, provincial, municipal or other legally recognised boundaries.

Figure 2.1: Coastal zones as described by South Africa’s National Coastal Management Programme (2013).

Chapter 4: Estuaries This chapter aims to facilitate the efficient and coordinated management of all estuaries by providing that they must be managed in accordance with: (a) a National Estuarine Management Protocol (see clause 33) approved by the Ministers responsible for the environment and for water affairs; and (b) estuarine management plans for individual estuaries (see clause 34). The Protocol will provide a national policy for estuary management and guide the development of individual estuarine management plans. Chapter 5: Institutional arrangements This chapter establishes a statutory framework for new institutional arrangements to ensure integrated and coordinated coastal management. The ICMA provides for the establishment of a:

National Coastal Committee (clause 35)

Provincial Coastal Committees (clause 39)

Municipal Coastal Committees (clause 42)

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The purpose of the committees is to provide for an integrated approach across all three spheres of government. Chapter 6: Coastal management This chapter establishes a system of coastal management programmes within each sphere of government and provides for agreement on:

a common vision for the coast

priorities

implementation strategies

objectives

norms and standards

performance indicators The current land-use planning system in South Africa is a land-based system that essentially stops at the high water mark. This chapter is designed to extend that system across the land or sea interface in order to allow for integrated coastal planning and the proactive control of the use of coastal resources (clauses 44-50). It also allows for extensive public consultation (clause 53), in compliance with section 33 of the Constitution and the Promotion of Administrative Justice Act, 2000. Chapter 7: Protection of coastal resources This chapter provides measures for protecting the coastal environment from activities that may detrimentally affect it and creates procedures for assessing and regulating such activities. Clause 59 provides for the Minister or MEC to issue written notices requiring measures to be taken to protect the coastal environment (Coastal protection notices and coastal access notices). Clause 60 authorises the Minister or MEC to issue notices for the repair or removal of structures within the coastal zone. Part 2 (clauses 63) prohibits potentially harmful activities from taking place within the coastal zone unless they have been specifically authorised requiring an environmental authorisation before undertaking specified or listed activities within this zone. The ICMA does not seek to introduce new environmental impact assessment procedures. It requires environmental impact assessments to consider additional issues such as natural coastal processes, the interests of the whole community and so forth (clause 63). This part of the Act aims to align the ICMA with NEMA and integrate and streamline processes within the Department to ensure that only one authorisation is issued Protected Areas Act (Act No: 57 of 2003) Protected Areas Act mainly provides for the following:

Declaration of nature reserves and determination of the type of reserve declared;

Cooperative governance in the declaration and management of nature reserves;

A system of protected areas in order to manage and conserve biodiversity; and

Utilization and participation of local communities in the management of protected areas. Waste Management Act (Act No. 59 of 2008) The following summary of the Act is provided: Key Objectives of the Act are to:

To reform existing legislation regulating waste management

To strengthen Government’s commitment to waste avoidance and minimisation

To promote sustainable economic and social development

To generally give effect to Section 24 of the Constitution Brief overview

Outlines roles and responsibilities of the three spheres of government with respect to waste management within a waste avoidance and minimisation framework