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Draft Situation Assessment Report March 2016 EOH Coastal & Environmental Services Buffalo River Estuary 74 The National Forest Act (NFA) provides for conservation and sustainable forestry management. In order to achieve this, the Act inter alia provides for special measures to protect trees and forests. Chapter 3 states that “no person may cut, disturb, damage, or destroy any living tree in or remove any such tree from a natural forest” unless a licence to do so has been issued or an exemption published in the Government Gazette. Any person, entity or organ of state must obtain a permit to remove any indigenous or protected trees or clearing of any woodland, thicket or forest. The requirements for licensing are dealt with under section 23 of the Act. Conservation of Agricultural Resources Act (43 of 1983) (CARA) CARA is the chief statute that deals with agricultural resources. The object of CARA is to provide for the conservation of the natural agricultural resources of South Africa by the maintenance of the production potential of land. In order to maintain production potential of land, CARA provides for the following mechanisms; namely: Combating and prevention of erosion and weakening and destruction of water sources; Protection of vegetation; and Combating of weeds and invader plants. Regulations under CARA (CARA Regulations) prescribes control measures which all land users have to comply, in respect of a number of matters, including the: Cultivation of virgin soil; Protection of cultivated land; Utilisation and protection of the veld; Control of weed and invader plants; and Prevention and control of veld fires and the restoration and reclamation of eroded land. National Ports Authority Act (5 of 2003) The objectives of the Act are to: Promote the development of an effective and productive South African ports industry that is capable of contributing to the economic growth and development of our country; Establish appropriate institutional arrangements to support the governance of ports; Promote and improve efficiency and performance in the management and operation of ports; Enhance transparency in the management of ports; Strengthen the State’s capacity to: o Separate operations from the landlord function within ports; o Encourage employee participation, in order to motivate management and workers; and o Facilitate the development of technology, information systems and managerial expertise through private sector involvement and participation; and Promote the development of an integrated regional production and distribution system in support of Government’s policies. The National Ports Act (12 of 2005) makes specific provision for conducting an SEA as part of the Port Planning process in addition to other environmental management obligations. The relevant sections include: Section 10 - Ports under jurisdiction of Authority Amongst other things, this section specifically provides that: (4) When exercising the powers referred to in subsections (2) and (3), the Minister must: - Follow an open and transparent process, which must include a viability study, and a strategic environmental impact assessment.
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The National Forest Act (NFA) provides for conservation and sustainable forestry management. In order to achieve this, the Act inter alia provides for special measures to protect trees and forests. Chapter 3 states that “no person may cut, disturb, damage, or destroy any living tree in or remove any such tree from a natural forest” unless a licence to do so has been issued or an exemption published in the Government Gazette. Any person, entity or organ of state must obtain a permit to remove any indigenous or protected trees or clearing of any woodland, thicket or forest. The requirements for licensing are dealt with under section 23 of the Act. Conservation of Agricultural Resources Act (43 of 1983) (CARA) CARA is the chief statute that deals with agricultural resources. The object of CARA is to provide for the conservation of the natural agricultural resources of South Africa by the maintenance of the production potential of land. In order to maintain production potential of land, CARA provides for the following mechanisms; namely:

Combating and prevention of erosion and weakening and destruction of water sources;

Protection of vegetation; and

Combating of weeds and invader plants. Regulations under CARA (CARA Regulations) prescribes control measures which all land users have to comply, in respect of a number of matters, including the:

Cultivation of virgin soil;

Protection of cultivated land;

Utilisation and protection of the veld;

Control of weed and invader plants; and

Prevention and control of veld fires and the restoration and reclamation of eroded land. National Ports Authority Act (5 of 2003) The objectives of the Act are to:

Promote the development of an effective and productive South African ports industry that is capable of contributing to the economic growth and development of our country;

Establish appropriate institutional arrangements to support the governance of ports;

Promote and improve efficiency and performance in the management and operation of ports;

Enhance transparency in the management of ports;

Strengthen the State’s capacity to: o Separate operations from the landlord function within ports; o Encourage employee participation, in order to motivate management and workers; and o Facilitate the development of technology, information systems and managerial expertise

through private sector involvement and participation; and

Promote the development of an integrated regional production and distribution system in support of Government’s policies.

The National Ports Act (12 of 2005) makes specific provision for conducting an SEA as part of the Port Planning process in addition to other environmental management obligations. The relevant sections include: Section 10 - Ports under jurisdiction of Authority Amongst other things, this section specifically provides that: (4) When exercising the powers referred to in subsections (2) and (3), the Minister must:

- Follow an open and transparent process, which must include a viability study, and a strategic environmental impact assessment.

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Section 11 - Functions of Authority With respect to the main functions of TNPA, the following is relevant to the SEA, where the TNPA must:

Control land use within ports, and has the power to lease land under such conditions as the Authority may determine;

Maintain the sustainability of the ports and their surroundings;

Regulate and control pollution and the protection of the environment within the port limits;

Prescribe the limits within which and the levels to which dredging may be carried out in the ports and the approaches thereto;

Section 12 – Aims of Authority With respect to activities within ports, the TNPA must aim to:

Integrate biophysical, social and economic issues in all forms of decision making with regard to port development and operations.

Section 56 - Agreements in port operations and services With respect to entering into agreements (e.g. lease agreements) TNPA has certain authorizations which could be relevant to maintaining the environmental integrity of the land under its control and promoting sustainable development, such as:

Design, construct, rehabilitate, develop, finance, maintain or operate a port terminal or port facility, or provide services relating thereto;

Monitor and annually review performance with regard to the operation of the terminal or facility and the provision of the relevant services in terms of a performance standard specified in the agreement.

Section 69 – Protection of environment This section refers specifically to environmental matters, where TNPA must:

In the performance of its functions ensure that a fair and reasonable balance is achieved between the protection of the environment and the establishment, development and maintenance of ports.

Ensure that sustainable and transparent port planning processes are undertaken when formulating any port development framework.

Ensure that stakeholders are consulted and that all relevant biophysical and economic aspects are taken into account when undertaking any port planning process.

Section 80 – Port regulations In terms of this section, TNPA may, make rules for the control and management of ports and the approaches thereto and for the maintenance of safety, security and good order in ports, in particular regarding the:

Protection of the environment within ports, the cleaning of land and waters of the ports and the prevention of oil, filth, rubbish or any other matter from being thrown into the sea, including the discharge of ballast water;

Prohibition of the loading, handling or discharging of dangerous cargoes at wharves where such loading, handling or discharging appears especially dangerous to the public;

Limits within which, and the levels to which, dredging may be carried out in ports and approaches thereto.

Municipal Systems Act (32 of 2000) as amended The objectives of the Act are to:

Provide for the core principles, mechanisms and processes that are necessary to enable municipalities to move progressively towards the social and economic upliftment of local communities, and ensure universal access to essential services that are affordable to all;

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Define the legal nature of a municipality as including the local community within the municipal area, working in partnership with the municipality’s political and administrative structures;

Establish a simple and enabling framework for the core processes of planning, performance management, resource mobilisation and organisational change which underpin the notion of developmental local government;

Establish a framework for support, promote overall social and economic upliftment of communities in harmony with their local natural environment;

Section 4 (2) of the Act indicates that the council of a municipality has the duty to (amongst other things):

Strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner;

Promote a safe and healthy environment in the municipality. Chapter 5 of the Act deals with Integrated Development Planning (IDP) where section 26 provides that an IDP must reflect (amongst other things):

The municipal council’; vision for the long term development of the municipality with special emphasis on the municipality’s most critical development and internal transformation needs:

The council’s development strategies which must be aligned with any national or provincial sectoral plans and planning requirements binding on the municipality in terms of legislation;

A spatial development framework which must include the provision of basic Water Services Act (108 of 1997) BCMM is a Water Services Authority where according to the Water Services Act, it has the following responsibilities: To ensure efficient, affordable, economical and sustainable access to water services by all consumers and potential consumers in the BCMM area of jurisdiction. However, the duty of the BCMM to provide water service is subject to a number of requirements. These requirements include (amongst other things):

the availability of resources;

the need for an equitable allocation of resources to all consumers and potential consumers within the authority’s area of jurisdiction;

the need to regulate access to water services in an equitable way;

the duty of consumers to pay reasonable charges, which must be in accordance with any prescribed norms and standards for tariffs for water services;

the duty to conserve water resources;

the nature, topography, zoning and situation of the land in question; and

the right of the relevant water services authority to limit or discontinue the provision of water services if there is a failure to comply with reasonable conditions set for the provision of such services.

The Water Services Act requires BCMM to draft a Water Services Development Plan (WSDP), which must contain (amongst other things), the following information:

existing water services;

existing industrial water use within the area of jurisdiction of BCMM;

existing industrial effluent disposed of within the area of jurisdiction of BCMM;

the future provision of water services and water for industrial use and the future disposal of industrial effluent. including—

- the water services providers which will provide those water services; - the contracts and proposed contracts with those water services providers; - the proposed infrastructure necessary; - water sources to be used and the quantity of water to be obtained from and discharged

into each source;

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- estimated capital and operating costs of those water services and the financial arrangements for funding those water services, including the tariff structures;

- any water services institution that will assist the ADM; - the operation, maintenance, repair and replacement of existing and future infrastructure;

the number and location of persons to whom water services cannot be provided within the next

existing and proposed water conservation, recycling and environmental protection measures. National Heritage Resources Act (Act No. 25 of 1999) The following are some of the general powers and duties of local authorities (BCMM) under NHRA; namely:

Duty to identify and manage Grade III heritage resources and heritage resources which are deemed to fall within the competence of local authorities in term of the NHRA;

Duty to give heritage resources authorities assistance in the performance of their functions;

When revising their IDP or SDF or any relevant sector plan, duty to compile inventories of the heritage resources that fall within their areas of jurisdiction, and to submit such inventories to the provincial heritage resources authority, for inclusion in a provincial heritage register;

When revising their IDP or SDF or any relevant sector plan, duty to investigate the need for the designation of heritage areas to protect places of environmental or cultural interest within their jurisdictions; and

Power to designate any area or land to be a heritage area on the grounds of its environmental or cultural interest or the presence of heritage resources, after consultation with the relevant provincial heritage resources authority and the owners of property in the area and any affected communities.

National Environmental Management: Waste Act (59 of 2008) – (NEDM:WA) Still to add information NATIONAL ENVIRONMENTAL POLICY National Climate Change Response White Paper (2012) The South African National Climate Change White Paper (2012) indicates that Government:

Regards climate change as one of the greatest threats to sustainable development; and

Believes that climate change has the potential to undo or undermine many of the positive advances made in meeting South Africa’s own development goals.

The White Paper is the key policy document framing the South African response to the challenges of climate change. In terms of the White Paper, South Africa will implement the following strategies in order to achieve its climate change response objectives possibly relevant to the current EMP, include:

Taking a balanced approach to both climate change mitigation and adaptation responses in terms of prioritisation, focus, action and resource allocation.

The short-term prioritisation of adaptation interventions that address immediate threats to the health and well-being of South Africans including interventions in the water, agriculture and health sectors.

The mainstreaming of climate change response into all national, provincial and local planning regimes.

The recognition that sustainable development is also climate friendly development and that that; the more sustainable our development path is, the easier it will be to build resilience to climate change impacts.

White Paper for Sustainable Coastal Development (2000)

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The White Paper for Sustainable Coastal Development in South Africa sets out policies that aim to achieve sustainable coastal development through integrated coastal management and is particularly relevant to coastal development. The vision for the South African coast is “rooted in the understanding that our coast is a national asset and belongs to all the people of South Africa. It recognises that our coast is a place of value, opportunity and potential. It is a diverse, special and distinctive place and is also a driving force in the national economy, whose products account for about 35% of our national Gross Domestic Product, and its future development potential is enormous. To harness this potential, we need to manage our coast wisely”. The Policy sets out a vision for the coast, and principles, goals and objectives for coastal management, together with a Plan of Action for implementation. Principles for Coastal Management The following principles underpin the Policy:

Principle Explanation

National asset

The coast must be retained as a national asset, with public rights to access and benefit from the many opportunities provided by coastal resources.

Economic development

Coastal economic development opportunities must be optimised to meet society’s needs and to promote the wellbeing of coastal communities.

Social equity

Coastal management efforts must ensure that all people, including future generations, enjoy the rights of human dignity, equality and freedom.

Ecological integrity

The diversity, health and productivity of coastal ecosystems must be maintained and, where appropriate, rehabilitated.

Holism

The coast must be treated as a distinctive and indivisible system, recognising the interrelationships between coastal users and ecosystems and between the land, sea and air.

Risk aversion and precaution

Coastal management efforts must adopt a risk-averse and precautionary approach under conditions of uncertainty

Accountability and responsibility

Coastal management is a shared responsibility. All people must be held responsible for the consequences of their actions, including financial responsibility for negative impacts.

Duty of care

All people and organisations must act with due care to avoid negative impacts on the coastal environment and coastal resources.

Integration and participation

A dedicated, co-ordinated and integrated coastal management approach must be developed and conducted in a participatory, inclusive and transparent manner.

Co-operative governance

Partnerships between government, the private sector and civil society must be built in order to ensure co-responsibility for coastal management and to empower stakeholders to participate effectively.

Goals and Objectives

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The Policy sets out a number of goals and objectives for coastal management. A summary of items specifically relevant to the conservation of biodiversity within coastal environments is provided at Appendix A. Plan of Action The policy provides a plan of action for implementation of the policy, and addresses the following issues relevant to biodiversity conservation in coastal locations:

- Introducing effective planning and development mechanisms and incentives for effective coastal management

- Developing and implementing a representative system of coastal protected areas

- Introducing mechanisms and incentives to avoid physical development in high risk coastal areas

- Creating incentives to promote better estuary and river mouth management practices

- Improving

- Rehabilitating degraded coastal areas and resources. Department of Water Affairs River Health Programme The Department of Water Affairs (and Forestry), in 1994, initiated the formation of the River Health Programme (RHP) to serve as a source of information regarding the overall ecological status of river ecosystems in South Africa in order to support the rational management of the natural resources under the protection of the Department. In order to achieve the goal as stated above, the objectives of the RHP as outlined on the programme website are to:

Measure, assess and report on the ecological state of aquatic ecosystems;

Detect and report on spatial and temporal trends in the ecological state of aquatic ecosystems;

Identify and report on emerging problems regarding aquatic ecosystems;

Ensure that all reports provide scientifically and managerially relevant information for national aquatic ecosystem management.

Other projects that fall under the RHP umbrella include:

The National Estuaries Monitoring Programme

Wetland Monitoring Programme White Paper on a National Commercial Ports Policy National Department of Transport (2002) The White Paper on a National Commercial Ports Policy National Department of Transport (2002) recommends the following specifically with respect to environmental management within ports: “Strategic Environmental Assessment (SEA) should be used for the proactive integration of environmental issues with social and economic issues at the policy and planning level. The SEA should ensure close alignment with the Integrated Development Planning (IDP) process in the region/city surrounding the port.” TNPA Environmental Policy TNPA Environmental Policy specifically provides that each port must conduct a Strategic Environmental Assessment (SEA), as part of its integrated port planning process, to determine the optimum approach to environmental management at the strategic level. The Port of East London’s Master Plan also indicates that future development options for the Port have not previously been subjected to a strategic environmental scrutiny. With the changing development needs of the Port, the need for an SEA has become increasingly necessary, particularly given the nature of the activities and the sensitive coastal environment in which ports typically operate.

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Other relevant policy Other National policies that may have a bearing on the EMP includes (but is not limited to):

National Waste Management Strategy (2010)

National Biodiversity Strategy and Action Plan

South African Risk and Vulnerability Atlas (SRVA, 2010)

National Protected Area Expansion Strategy for South Africa (2008) PROVINCIAL ENVIRONMENTAL POLICY AND PLANS Eastern Cape State of Environment Report (2010) The second Eastern Cape State of the Environment Report (SoER) was completed in 2010 where environmental issues were addressed under three broad categories:

Biophysical Environment

Socio-Economic Environment

Environmental Governance Areas potentially relevant to the EMP include: A. Biophysical Environment (a) Terrestrial Environment

Habitat fragmentation and destruction threatens numerous species and ecological processes in the Eastern Cape

Alien invasive vegetation is spreading throughout the region, and this is having detrimental impacts on land use and biodiversity. Alien vegetation is also prevalent within most water courses negatively effecting water resources

The Eastern Cape has a host of Red Data Species outside of protected areas

Poor management of areas of high conservation value outside of protected areas

Illegal bush clearing outside of EIA approved activities and DWAF permits

High percentage of natural habitats that have been transformed to agricultural and urban environments

Demand for coastal properties and associated development (Ribbon development) is leading to transformation within the coastal zone

All major industrial centres are along the coastline

Health of estuaries in urban areas is poor as a result of industrial effluent and waste

Unsustainable resource use (e.g. sand mining, fishing, etc.)

Unsustainable harvesting of plants for medicinal purposes, firewood, curios, furniture and building is having a major impact on local species diversity, as it places selective pressure on endangered and threatened species

(b) Water Resources and Supply

Need for formal domestic solid waste handling as well as the installation of adequate non-polluting toilet facilities

Flows in rivers and streams are highly regulated by impoundments. Stream flows are limited, particularly during periods of drought

River systems are highly polluted

Riparian habitats and wetlands are highly transformed or infested with alien vegetation

Poor catchment management (land clearing, degradation, improper agricultural practices) results in flooding and damage to infrastructure (dams and weirs)

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(c) Atmosphere Climate Change

Changing weather patterns result in increased severe weather events (floods, droughts, etc).

Rainfall variability influences agriculture (planting routines, seasonal agriculture) (d) Marine and Coast

Health of estuaries in urban areas is poor as a result of industrial effluent and waste

Ribbon development along the coastline

Unsustainable resource use

Percentage of coastline that is protected is low

High percentage of formal dwellings along the coastline

All major industrial centres are along the coastline C. Environmental Governance (a) Capacity Building Environmental awareness and education Limited environmental awareness and education has been identified as an issue directly related to authorities responsible for environmental governance. More specifically, a need for education regarding environmental legislation is necessary to solve the problem at a strategic level. Furthermore, a lack of monitoring due to insufficient capacity compounds the problem. (b) EIA Regulations Non-compliance with the EIA regulations, waste management policies, and other non-conformances occur throughout the area, although at different intensities. Monitoring compliance by Local and Provincial Authorities is important, however, their capacity to do so is insufficient and hence monitoring and prosecution of transgressors is not at the required level. (c) Alignment of planning processes Provincial and municipal authorities exercising functions which may affect the environment should incorporate assessment of their operational plans against the various bioregions of the Eastern Cape and their annual and medium term planning. Eastern Cape Climate Change Response Strategy (2011) The Eastern Cape Climate Change Response Strategy (ECCCRS) was completed in March 2011 and is the first generation climate change strategy for the Province. The manifestations of climate change in South Africa and the Eastern Cape are likely to include:

Higher temperatures;

Altered rainfall patterns;

More frequent or intense extreme weather events including heat-waves, droughts, storms and floods; and

Rising sea levels (which, associated with more intense storm surges and floods, may result in local inundation and coastal erosion).

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Although little research has been conducted for sea-level rise impacts on the Eastern Cape, useful information exists for the City of Cape Town and Durban. Studies for these cities give local sea level rise scenarios ranging from 2m to 6.5m depending on exposure. The effects of climate change such as temperature increases and sea-level rise may have significant knock-on effects which combine to threaten the environmental, economic and social systems of the Province. These effects also threaten the continuity and functioning of provincial and local governance institutions and their associated mandate in the Eastern Cape A climate change risk assessment matrix was developed as part of the ECCCRS. The risk assessment matrix aims to facilitate a step-wise approach to understanding which climate change impacts may affect the Province, how serious these impacts are likely to be, and which provincial plans, agencies and departmental and municipal mandates are directly affected. The following systems, sectors or infrastructure types were assessed:

Agricultural Sector

Air Quality Systems

Biodiversity Systems

Coastal and Marine Systems

Energy Services Infrastructure

Fisheries & Aquaculture Sector

Forestry Sector

Geology & Soils Systems

Health Services Infrastructure

Social & Economic Systems

Tourism Sector

Transport Infrastructure

Water Resources Systems

Water Services Infrastructure Climate change risks assessed as being of extreme significance are given in the table below. Note that these risks were assessed at the scale, and in the context of, the various mandates of the Eastern Cape Provincial Government. Table 2.1: Impacts of extreme significance for various Eastern Cape sectors as identified in the preliminary risk assessment process.

Climate Change Manifestation

2nd Order Impact 3rd Order Impact Systems/sectors/ Infrastructure

Increased storm severity/ Extreme weather events.

Increased inundation and loss of coastal land, wetlands and estuaries

Increased damage to/loss of coastal property and infrastructure and increased insurance premiums

Coastal and Marine Systems

Increased storm severity/ Extreme weather events.

Increased storm surges coupled with sea level rise and flooding from both climate change causes and catchment hardening.

Direct threat to livelihoods, services and infrastructure in coastal low lying areas.

Social & Economic Systems

Increased storm severity/ Extreme weather events.

Coupled with more intense rain, catchment hardening due to urban development, and reduced integrity of water catchments: increased risk of flooding

Direct threat to infrastructure within flood-prone areas; Direct threat to human life.

Social & Economic Systems

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Climate Change Manifestation

2nd Order Impact 3rd Order Impact Systems/sectors/ Infrastructure

or flash floods

Higher mean temperatures

Increased evaporation, reduced soil moisture, reduced runoff and river base flow.

Compounded by reduced MAP, systemic water shortages will limit economic growth potential to the south-west.

Social & Economic Systems

Sea level rise Coupled with storm surges and flood events exacerbated by catchment hardening, inundation and wave damage to coastal low lying areas.

Direct threat to livelihoods, services and infrastructure in coastal low lying areas.

Social & Economic Systems

Increased storm severity/ Extreme weather events.

Increased frequency of storm surges

Reduced safety of personnel and increased frequency of injury or loss of life

Transport infrastructure

ACTION PLANS The ECCCRS deals with the development of provincial response programmes and plans to climate change. Adaptation The impacts of climate change will, to greater and lesser degrees, affect every Provincial department, development plan and municipality. Likewise, climate change responses are cross sectoral. Effective response processes are cross-cutting and cannot be dealt with by each sector or department in isolation. Rather, integrated response programmes are required where multiple sectors and departments contribute to a common climate change issue to ensure effective adaptation responses. A programmatic framework for such multi-sectoral planning is described in the Table 3 below. Table 2.2: Recommended programmes in response to the impacts of extreme significance identified in the systematic risk assessment.

Adaptation Category Adaptation objective

Coastal Infrastructure and Livelihoods

Increased resilience of coastal infrastructure and resources to the effects of sea-level rise, storm-surges, flooding and increased sea temperature (fisheries). Improved response to the impacts of extreme coastal events.

Water Scarcity

Mainstreaming climate change induced water scarcity in institutional decision-making and planning in water stressed areas in the Eastern Cape Province. Effective water resources management and efficient water use throughout the Eastern Cape Province.

Flood Management Flood prevention Reducing vulnerability to flooding events; Improved response to the impacts of flooding events

Detailed draft adaptive response options and response programmes have been developed for each adaptation category.

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EC Biodiversity Conservation Plan (ECBCP) (2007) The ECBCP is a first attempt at detailed, low-level conservation mapping for land-use planning purposes. Specifically, the aims of the Plan were to map critical biodiversity areas through a systematic conservation planning process. The ECBCP provides a map of the CBAs, based on extensive biological data and input from key stakeholders. The ECBCP, although mapped at a finer scale than the National Spatial Biodiversity Assessment (Driver et al., 2005) is still, for the large part, inaccurate and “course”. The current biodiversity plan includes the mapping of priority aquatic features, land-use pressures, and critical biodiversity areas and develops guidelines for land and resource-use planning and decision-making. The conservation outputs of the ECBCP that are relevant to the Qumbu Wind Energy Facility and are considered in this report are “critical biodiversity areas” or CBAs, which are allocated the following management categories:

1. BLMC 1 (or CBA 1): Maintain in a natural state 2. BLMC 2 (or CBA 2): Maintain in a near-natural state BLMC 3:Functional landscapes 3. BLMC 4:

a. Urban b. Cultivated c. Plantation

The ECBCP is a conservation planning tool, which, if used, may result in direct conflict with the reality on the ground or may in fact re-affirm conservation values of an area. Since the accuracy of the ECBCP is only as good as site confirmation, the confidence of the conservation values derived from the ECBCP cannot be given much weight. As such, this plan should only be used as a guideline tool until such time as the database is fine-tuned with the necessary resolution and level of detail it wishes to speak to. Eastern Cape Coastal Management Programme: 2013 Update The ECCMP is intended to build on and update existing provincial coastal policies, and provide an updated, coherent, integrated and coordinated framework and directive for coastal management and decision‐making, as per the ICM Act legislative requirements. It establishes mechanisms for the comprehensive participation of representatives from all sectors of coastal communities, as well as providing management tools to empower decision-makers to manage and utilise the coast. In addition, the ECCMP provides an input into local planning initiatives, such as Integrated Development Plans and Spatial Development Frameworks of coastal municipalities. Vision

We, the people of the Eastern Cape, recognise the intrinsic value, and appreciate the scenic beauty, diversity

and richness of our unique coastline

We aim to take ownership of the coast and foster a spirit of custodianship and shared responsibility as our coast is a unique and shared asset, which has social, cultural, ecological and economic value.

We aspire to manage the coast in an integrated manner that takes both the spiritual and biological value

into account.

We strive to utilise the natural resources of our diverse coastline in a sustainable and equitable manner, which maximises the benefits for all people of the province and ensures the long term maintenance of

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biodiversity and ecological integrity of coastal habitats.

We strive to promote the sustainable development and alleviate poverty in an equitable and participatory manner that considers the requirements of all stakeholders and takes cognisance of the conservation and

biological importance of our coastline as well as national and provincial interests.

We seek to guide the management of the Eastern Cape coast in a way that eliminated the threats of unsustainable utilisation of the coastal resources while optimising the opportunities that can be derives

from the coastal zone.

Guiding principles for the Eastern Cape coast The following guiding principles have been adopted for the Eastern Cape coastline, and are largely the same principles reflected in the National White Paper for Sustainable Coastal Development.

The coast must be retained as a national asset for the benefit and enjoyment of all people of the province.

Coastal economic development opportunities must be optimised to meet society’s needs and to promote the wellbeing of coastal communities through sustainable activities that do not compromise the long term opportunities for people living in the coastal zone.

Coastal management efforts must ensure that all people, including future generations, enjoy the rights of human dignity, equality and freedom. Access to resources and benefits from the many opportunities provided by coastal resources must be made available to the public in an equitable manner.

The diversity, health and productivity of coastal ecosystems must be maintained and, where appropriate, rehabilitated.

The coast must be treated as a distinctive and indivisible system, recognising the interrelationships between coastal users and ecosystems and between the land, sea and air.

Coastal management efforts must adopt a risk‐averse and precautionary approach under conditions of uncertainty.

Coastal management is a shared responsibility. All people must be held responsible for the consequence of their actions or lack of actions, including financial responsibility for negative impacts.

All people and organisations must act with due care to avoid negative impacts on the coastal environment and coastal resources.

A dedicated, co‐ordinated and integrated coastal management approach must be developed and conducted in a participatory, inclusive and transparent manner.

Partnerships between government, the private sector and civil society must be built in order to ensure co‐responsibility for coastal management and to empower stakeholders to participate effectively.

PRIORITY AREA FEATURES OF PRIORITY AREA

1: Cooperative Governance

Participation of all stakeholders, coastal governance & co‐responsibility;

Integrated, co‐ordinated decision making, planning and management;

Continued learning and practical implementation of programmes and processes; and

Compliance with International conventions, protocols and agreements.

2: Coastal Planning And Development

Emphasis on local economic development opportunities and approval procedures;

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PRIORITY AREA FEATURES OF PRIORITY AREA

Identification and exploitation of sustainable livelihood opportunities; and

Holistic planning and development processes with emphasis on sustainable and equitable spatial development trends in the coastal zone.

3: Climate Change And Dynamic Coastal Processes

Responding to dynamic coastal process through increased resilience of natural and social systems; and

Phased retreat of infrastructure in high risk areas.

4: Land And Marine‐Based Sources Of Pollution

Reducing and responding to land and marine based sources of pollution in the coastal zone; and

Adherence to the waste management hierarchy of reduce, reuse, recycle.

5: Estuaries

Establishing and implementing a strategy to improve the management and protection of estuarine resources; and

Securing sufficient financial resources to fund and implement identified actions, research projects, initiatives, and advisory forums.

6: The Facilitation Of Coastal Access

Promoting and managing access to coastal public property;

Promoting and facilitating equitable access to coastal resources and coastal public property;

Recognising the importance of access preservation; and

Promoting custodianship and stewardship of the coastal zone.

7: Awareness, Education, Training, Capacity Building And Information 8: Compliance, Monitoring And Enforcement

Facilitation of knowledge production and exchange;

Promotion of knowledge sharing of coastal issues; and

Instilling a sense of ownership of the coastal zone amongst all stakeholders.

Facilitation of compliance with applicable coastal legislation; and

Promotion of the environmental management inspectorate and facilitation of environmental management inspectors.

9: Natural Resource Management

The maintenance of ecosystem integrity and health;

To assess and effectively manage coastal protected areas , including marine protected areas; and

To identify and rehabilitate damaged and degraded coastal ecosystems and habitats.

DEDEAT Coastal Environmental Management Framework (Kei Mouth to Cannon Rocks) (2012) The Coastal EMF, which will soon be gazetted, will guide development along the coastal zone between Cannon Rocks and Kei Mouth. The planning domain of the EMF includes the following:

- The coastal zone 1.5 km in land of the high water mark.

- 3km to 5 km up estuaries of high conservation value or of high usage

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The primary objective of the EMF is to facilitate the conservation of important natural resources (e.g. biodiversity, prime agricultural land etc.) and rapid development within the study area. The EMF was structured to address this objective via the development of the following products, which serve to inform and guide land-use planning and decision-making:

A Status Quo Assessment, which included a composite site sensitivity map for the entire study area;

A Desired State of the Environment (DSoE) plan, including associated land-use management guidelines;

A proposed set of Geographical Areas and associated proposed Inclusions and Exclusions for various listed activities as specified in the Environmental Impact Assessment (EIA) Regulations in terms of the National Environmental Management Act (27 of 1998);

Figure 2.2: EMF study domain The objective of the Desired State of the Environment phase was to produce a spatial plan that could serve as a spatial planning framework for the coastal zone for the next ten year period (i.e. from 2010 to 2020), which would inform the revision of future provincial, municipal and local Spatial Development Frameworks and thereby facilitate more efficient, integrated and sustainable development within the study area. As an example, the Desired State of the Environment Plan for portions of the BCMM coastline is provided in Figure 2.3 below.

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Figure 2.3: Maps from the coastal EMF that will have significant implications for spatial planning and development along Buffalo River estuary.

The DSoE plan was assessed against the Status Quo Report and existing land-use strategies and plans for the study area (e.g. SDFs), per Municipality. The assessment drew attention to variances between such plans and the DSoE Plan and highlighted required amendments to the Municipal SDFs and other plans in order to facilitate sustainable coastal development within the study area. The assessment also identified suitable areas for additional urban growth beyond the urban edges of the current SDFs and highlighted key natural resource features requiring safe-guarding and improved integration to the SDFs. The key findings of the assessment were as follows: Land use planning guidelines for EMF land categories The EMF provides land use planning guidelines for the various land categories. The main EMF land categories are described below:

Desired environmental state

Land-use objectives

Conservation Zone No further loss of natural habitat should occur

These areas of land can act as possible offset receiving areas

Mimic or maintain natural ecological processes

Priority for regular environmental monitoring by DEDEA, , etc.

Prioritise Conservation Zone for land care projects, such as WfW, etc.)

An Ecological Management Plan should be compiled for key Conservation Zones

Areas not formally protected should be zoned as POS 3 or proclaimed as a protected area in terms of NEM: Protected Areas Act. Title deed restrictions.

Degraded areas should be restored or rehabilitated

Development Guidelines - See EMF page 160

Sustainable ecological management

No further loss of natural habitat should occur

Maintain connectivity between Conservation Zones

Maintain all natural ecological process areas (e.g. thicket, grassland, etc)

No cultivation of development of pastures, agri-industry, urban residential,

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Desired environmental state

Land-use objectives

mining or more extensive land use than current state to be permitted

No additional land use rights should be granted

Priority for regular environmental monitoring by DEDEA, Ngqushwa LM, etc.

Prioritise these areas for land care projects, such as WfW, etc.)

An Ecological Management Plan should be compiled if possible

Development Guidelines - See EMF page 163

Agriculture Protect agriculture land use in the rural landscape

Restrict fragmentation of agricultural landscapes and promote their consolidation

Maintain viable agricultural unit and encourage sustainable farming practices

Provide for small=scale farming and facilitate agrarian reform

Recommendations and land-use management guidelines - See EMF page 164

Residential See EMF page 165

Residential low density

Residential mixed use

Commercial

Resort

Management Objective for each of the proposed Geographical Areas Nine different Geographical Areas were identified for the study area, each with different land-use objectives and management requirements (see Table 2.3 below for descriptions). Table 2.3: Description and Management Objective for each of the proposed Geographical Areas

No. Geographical Area Management Objective

1 Entire study area Discourage certain inappropriate activities in the coastal zone (e.g. commercial afforestation)

2 Sites of visual importance, including key estuaries and other aesthetic features (e.g. beaches, Dias Cross site, Morgan Bay cliffs, Haga Haga cliffs, Cove Rock, etc.)

Safeguard important visual/aesthetic features of eco-tourism importance.

3 Sensitive Ecological Sites Safeguard key ecological processes, ecosystem services, ecosystems and species of special concern

4 Sustainable Ecological Management Zone Maintain current extensive agricultural practices. Promote more sustainable forms of agriculture

5 Non-sensitive Sites Facilitate the extension or upgrading of existing facilities or infrastructure for the bulk transportation of water, sewage or stormwater

6 Certain current or proposed sites of developed open space

Facilitate the installation of certain infrastructure of key public amenity sites where threats to the coastal and estuarine environment are low (e.g. public ablutions, parking areas, etc.)

7 Non-sensitive sites in urban areas that are appropriate for residential, mixed, retail, commercial and recreational use; or route determination of roads and design associated physical infrastructure

Facilitate residential, mixed, retail, commercial or recreational use; or route determination of roads and designs associated physical infrastructure

8 Sites zoned or identified in Municipal SDF for Facilitate light industrial activities

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industrial purposes in the coastal zone, which are suitable for light industrial activities

9 Sites zoned or identified in Municipal SDF for industrial purposes in the coastal zone, which are suitable for heavy industrial activities

Facilitate heavy industrial activities

Other provincial policies and plans Other Provincial policies that may have a bearing on the EMP includes (but is not limited to):

Eastern Cape Air Quality Management Plan 2013

Eastern Cape Provincial Integrated Waste Management Plan (PIWMP) 2010

EC Parks and Tourism Conserved Area Expansion Programme (2012)

Eastern Cape Sub-Tropical Thicket Ecosystem Planning (STEP) Project MUNICIPAL ENVIRONMENTAL POLICY AND PLANS Buffalo City Metropolitan Municipality (BCMM) Integrated Environmental Management Plan (IEMP) (2006) BCMM initiated a process in 2005 to develop an IEMP with the following main objectives:

Conduct a baseline assessment or audit of the state of the BCMM environment

Ensure alignment of BCMM activities with relevant environmental legislation and policy

Provide input on institutional arrangements relating to environmental management in BCMM

Develop measures to manage high priority environmental issues in BCMM

Ensure appropriate stakeholder and public participation and dissemination of information during the process

Identify cross-cutting issues relating to environmental management in BCMM

Develop and environmental policy for BCMM

Promote environmental capacity and awareness in BCMM

Establish an effective and efficient system to monitor and measure progress in policy implementation.

State of Environment Report The main purpose of the BCMM SoER was to provide a baseline assessment of the main environmental issues and challenges facing BCMM. A comprehensive list of environmental issues and challenges facing BCMM was developed based on the baseline assessment process. Issue prioritization A set of criteria was used to determine the high priority environmental issues in BCMM QUALITY OF MARINE AND FRESH WATER RESOURCES

Contaminated rivers and streams throughout BCM

The Buffalo River is under high pollution pressure

Contamination of marine and fresh water resources

Quality of ground water (Little if any data is available on groundwater quality)

Potential loss of recreational use of fresh water resources due to poor water quality

Heavy metal or other pathogen content of sewage effluent is not determined

Heavy metal, other hazardous pathogens or pesticides content of rivers and streams is not determined

Storm water is a significant cause of fresh and sea water pollution in BCMM

Possible environmental health risks associated with storm water run-off.

Environmental health risks associated with contaminated marine and fresh water resources

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Non-compliant effluent discharges

Illegal discharges of raw sewage into the sea (Hood Point) and rivers (Buffalo River)

Inappropriate on-site disposal of sewage sludge and screened material

Massive problem is storm water ingress into sewers

No formal process for recording or responding to non-compliances.

Environmental Health Risks associated with cemeteries

Likely contamination of storm water from BCM workshops

Industrial pollutants in BCM affect the quality of water and land and impact on the health of various organisms including humans

Pollution of land and water, and health risks associated with poor waste management practices

No monitoring of toxic substances FRESH WATER RESOURCES

Depletion of BCM water resources

Significant water losses and wastage

Lack of water recycling BIODIVERSITY

Loss of thicket vegetation,

Loss of biodiversity

Habitat change

Loss of sensitive environments and biodiversity, and habitat degradation

Loss of biodiversity and habitat degradation in commonage areas

Location of housing projects in environmentally sensitive areas

Development outside the urban edge resulting in urban sprawl METROPOLITAN OPEN SPACE

Loss of Metropolitan Open Space (MOS)

Loss of urban green areas and sensitive environments

Poor state and management of certain existing MOS areas. Many areas of open space are subjected to illegal dumping

BCM OPERATIONS

No environmental guidelines for BCM sub-contractors and operators

Likely contamination of storm water from BCM workshops WASTE MANAGAMENT

Limited recycling

Illegal dumping

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Leachate seeping from the Second Creek land fill site and entering the Buffalo River

Algal blooms in the Bridle Drift Dam Evidence of algal bloom lining the Bridle Drift Dam

Stock-piling of sludge cake on site at the Mdantsane WWTW Burying of sewage screenings on site at the Mdantsane WWTW

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Discharge of raw sewage to the sea at Hood Point Marine Outfall

Environmental Management Action Plans (EMAPs) for priority issues Separate Environmental Management Action Plans (EMAPs) were developed for high priority environmental issues in BCMM. The following 15 EMAPs were developed for issues of high concern. Response

Water Quality Monitoring and Reporting Programme for BCM

Monitoring and Reporting of Waste Water Treatment Works (WWTW)

Trade Waste Disposal Monitoring and Reporting Programme

Sewage Sludge Management Plan

Spatial Development Planning Guidelines

Public and Private Open Space (POS) Management Plan

Invasive Alien Plant Species Management Plan

BCM Conservation Plan

General BCM Environmental Awareness Programme

BCM Environmental Performance Audit programme BCMM Integrated Coastal Zone Management Plan (2006) The BCMM Integrated Coastal Zone Management Plan (ICZMP) was completed in 2006. The BCMM coastline is one of its greatest assets and extends for a distance of 72 km from Kwelera River in the east to the Keiskamma River in the west. The BCMM IDP identified the need for a coastal management plan as a high priority issue. The ICZMP followed the thematic framework of the White Paper for Sustainable Coastal Development in South Africa and the ECCMP. The process the identification and prioritisation of environmental pressures provide specific management recommendations to deal with these pressures, and establish an appropriate framework for improved management of the BCMM coastline. A baseline assessment was conducted which culminated in the preparation of a State of Coasts Report for the BCMM where the following main issues were identified:

CAP 1: Spatial Planning and Development

CAP 2: Estuarine Management

CAP 3: Recreational management

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CAP 4: Protected Areas and Nature Reserve Management

CAP 5: Consumptive Resource Management The CAPs provide detailed objectives and targets and allocate responsibility for specific actions the responsible implementing authorities, timeframes and priorities for implementation of the actions arising. Buffalo City Metropolitan Municipality Integrated Waste Management Plan The Buffalo City Metropolitan Municipality IWMP is currently undergoing a review process (BCMM IDP review, 2012/2013). The IDP situation assessment outlines the major waste-related challenges facing the Metro, which are anticipated to be addressed in the revised IWMP.

Key issues Response

Negative impacts

Insufficient waste transfer stations, permit issues and site management issues all lead to widespread illegal dumping

Opportunities Recycling and Waste Minimization Waste Buy-back centre at the Oriental Plaza in East London

Constraints Only two operational landfill sites

The Roundhill landfill site has reached its capacity (two sites), requiring the construction of a third cell.

BCMM Conservation plan and MOSS (2010) The BCMM State of Environment Report identified a number of issues that are directly linked to the conservation and management of open space within the municipal area where identified threats to open space (in no particular order of importance) included:

Decline in Public Open Space

Loss of thicket vegetation, loss of biodiversity and habitat change

Loss of urban green areas and sensitive environments

Loss of faunal populations and loss of faunal biodiversity

Faunal habitat change and destruction

Spatial fragmentation

Aesthetically inappropriate development.

Non-compliance with relevant environmental and planning legislation and policy

Erosion and sedimentation of commonage Pressures or causes of threats to open space (in no particular order of importance) included:

Rapid urbanisation

Urban sprawl and ribbon development

Population increase

High demand for coastal property

Lack of awareness about the need to conserve open space

Informal settlements

Poor management of communal grazing or commonage areas

Development outside the urban edge resulting in urban sprawl

Illegal dumping of refuse

Mining of stone and sand

The spread of invasive alien species and displacement of indigenous species.

Removal of indigenous vegetation

Encroachment from residential houses

Demand for developable land for housing from upper to lower income brackets

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Demand for developable land for industrial and commercial development

Demand for developable land to meet housing backlogs

Lack of relevant by-laws

Lack of political commitment

Figure 2.4: BCMM Biodiversity Priority Conservation Plan BCMM initiated the Conservation Plan and MOSS project with the following main objectives:

1. Assess the current conservation status of all land in BCMM 2. Assess land-use pressures 3. Identify conservation priorities 4. Contribute to the development of an open space system/protected area design

BCMM Conservation and MOSS Management Plans The BCMM Conservation and MOSS Management Plans (CMMPs) are programmes or activities that should be undertaken by BCM to achieve the Conservation and MOSS objectives already stated and to prevent adverse impacts of land use activities on natural and cultural resources of importance to BCM. CMMPs should be developed for high priority issues and policy objectives The following CMMPs have been developed:

001 - Detailed Mdantsane MOSS

002 - Quinera Estuary Nature Reserve

003 - King William’s Town Nature Reserve

004 - Environmental off-sets and environmental servitude policy

005 - Commonage Management Plan

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006 - Proclamation of nature reserves BCMM MURP MOSS (2012) An Environmental Process Layer was been completed for the Mdantsane Urban Renewal Plan (MURP) MOSS. This layer allows sensitive areas within cadastral parcels to be assessed. In developing the environmental process layer, buffer zones around the core process areas have been included. The inclusion of buffer zones is in accordance with the cautionary principle of the National Environmental Management Act (1998):

Rivers and water courses - a 50m buffer zone, which would apply where the 1:100 year floodline is not known. The 50m setback is a policy recommendation of the National Department of Water Affairs.

Thicket - a 50m Buffer Zone was included in the thicket layer.

Slopes - a buffer area of 30m around areas of 1:5 slopes was included.

Probably best for BCM officials to use – BCM IEMP – Spatial Planning – SDFs and rezoning applications

Way forward – Enforcement of MOSS – Appropriate zonings for MOSS – MOSS servitudes – MOSS land acquisition – Offsets and contributions to MOSS

Map indicating ecosystem process areas (clipped to MOSS extent) for areas within the urban edge – Central Coast of BCMM

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DISTRICT AND METRO CLIMATE CHANGE REPORTS BCMM Climate Change Strategy (2014) The assessment identified the following primary manifestations of climate change that are expected to be relevant to BCMM:

Average monthly temperatures will increase by 1.5 to 2.5 OC;

There will be more extremely hot days and heat waves;

There will be fewer cold and frost days;

Annual average precipitation may increase in certain areas or decrease in others (see figures below);

The way in which precipitation occurs will change, namely: o Increased variability from year to year; o Heavier and more intense rain; o Higher likelihood of destructive storms; o Shorter return period for floods; and o Between very wet periods, longer dry spells and increased likelihood/ severity of droughts.

Atmospheric CO2 concentrations will be elevated; and

Sea level rise (see figure below) coupled with high tides, stronger storm surges and higher frequency flooding will increase the chances of extreme high-water events, local inundation and coastal erosion.

Projected change in mean maximum temperature in ADM during January - 2045 relative to present.

Projected change in mean maximum temperature in ADM during July - 2045 relative to present.

Projected change in precipitation in BCMM - 2045 relative to present. Spring Season.

Projected change in precipitation in BCMM - 2045 relative to present. Summer Season.

Impacts of climate change in BCMM