APPENDIX 1
DRAFT SITUATION ASSESSMENT REPORT
Development of an
Estuarine Management Plan for the Klein River, Overberg Region, Western Cape
PROJECT TEAM
CapeNature: Pierre de Villiers
iRAP: Jenny Whitehead Errol Cerff Kathy Leslie Grant Benn Marlene Laros
Jennifer Whitehead BArch(UND) Arch(SA) MM&CM(UKZN)
CONTACT DETAILS:
Jenny Whitehead Kathy Leslie cell: 083-661-6621 tel: 021 6719350 e-mail: [email protected] cell: 083 325 5615 fax: 086-685-8482 e-mail: [email protected] postal: Postnet suite 5, Private bag X7, Muizenberg 7950 fax: 088 021 671 9350
APPENDIX 1 DATA SHEETS
Data Sheet No. 1 P.R.O.T.E.A. alien clearing programme ...... 116 Data Sheet No. 2 Biodiversity conservation – policy and legal framework ...... 117 Data Sheet No. 3 Coastal Zone Policy for the Western Cape...... 119 Data Sheet No. 4 Constitution of South Africa ...... 120 Data Sheet No. 5 Proposed re-development of De Mond Caravan Park ...... 121 Data Sheet No. 6 Developments under consideration...... 122 Data Sheet No. 7 EIA Regulations established in terms of NEMA...... 123 Data Sheet No. 8 Estuaries conservation plan...... 126 Data Sheet No. 9 Estuarine Management guidelines...... 127 Data Sheet No. 10 “Estuary” - definition ...... 128 Data Sheet No. 11 Integrated Coastal Management Bill (2007) ...... 129 Data Sheet No. 12 Competencies and mandates relating to coastal management...... 132 Data Sheet No. 13 Structure Plan for the Kleinriviersvlei and Klein River Area (1993)...... 133 Data Sheet No. 14 Zoning scheme regulations...... 136 Data Sheet No. 15 Landscape as heritage ...... 138 Data Sheet No. 16 Local government structures and capacity ...... 139 Data Sheet No. 17 Marine Protected Areas ...... 141 Data Sheet No. 18 Overberg District Municipality IDP...... 142 Data Sheet No. 19 Overberg District Municipality SDF ...... 144 Data Sheet No. 20 Overstrand IDP 2007/08...... 151 Data Sheet No. 21 Overstrand Municipality SDF ...... 154 Data Sheet No. 22 Municipal policy for agricultural land resources ...... 157 Data Sheet No. 23 Municipal Growth Management Strategies...... 158 Data Sheet No. 24 Municipal policy on land use management in the proposed Rural Development Area160 Data Sheet No. 25 Municipal sewerage disposal services ...... 162 Data Sheet No. 26 Municipal water supply services...... 163 Data Sheet No. 27 Municipal solid waste management services...... 164 Data Sheet No. 28 Water Services Development Plan (WSDP)...... 165 Data Sheet No. 29 Overstrand MARINES...... 166 Data Sheet No. 30 Proclamation 357 issued in terms of the Nature Conservation Ordinance...... 167 Data Sheet No. 31 Potential vehicles for protection of estuarine environments ...... 168 Data Sheet No. 32 Public Participation...... 171 Data Sheet No. 33 Recreational carrying capacity...... 172 Data Sheet No. 34 Ecological Reserve Determination ...... 175 Data Sheet No. 35 Strategic adaptive management...... 181 Data Sheet No. 36 Water User Registration (WARMS)...... 184
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 115 Data Sheet No. 1
Project P.R.O.T.E.A. alien clearing programme review Full name Poverty Relief in the Overstrand through Treatment and Eradication of Aliens (P.R.O.T.E.A.) Programme
Application Currently active in the Overstrand area, a programme that would complement the objectives of the Klein E.M.P. Background Started by Craig Spencer, an environmental officer at the Overstrand Municipality, with seed funding from Table Mountain Fund with the aim of removing invasive alien plants from an area in the Kogelberg. Attracted the support of Working for Water, Overstrand Municipality and private property owners, and grew into a larger project. Objectives A 20-year plan to remove invasive alien plants from the Overstrand Municipality. Poverty relief through employment opportunities. Funding Working for Water – R5 million per annum. Achievements Employment of over 200 people. Buy-in from private property owners. Plans A new phase of the project includes the establishment of value-added industries. The municipality will employ teams to start clearing invasive aliens in the area east of Stanford. Working for Water will employ contractors to set up secondary industries that turn the ‘waste’ generated by the clearing process into resources. For example: firewood, mulch, furniture. This will provide benefits in the form of training as well as a reduced fire risk in cleared areas.
Useful references Contact person: Monique van Wyk, Working for Water Information sourced from Ashwell, A., Sandwith, T., Barnett, M., Parker, A. & Wisani, F. 2006. Fynbos Fynmense: people making biodiversity work. SANBI Biodiversity Series 4. South African National Biodiversity Institute, Pretoria. Working for Water website: http://www.dwaf.gov.za/wfw/ WfW Hotline: 0800-005-376. WfW National Office: Private Bag 4390, Cape Town 8000. 3rd Floor, Murray & Roberts Building, 73 Hertzog Boulevard. Tel: 021-441-2700 or 0800-005-376. Fax: 021-441-2781. E-mail: [email protected]
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 116 Data Sheet No. 2 Legislation Biodiversity conservation – policy and legal review framework Full name Edited extract from a biodiversity review com pleted for the NFSD, 2005 by Driver, Smith and Maze (2005)
Application Biodiversity conservation in South Africa is enabled through the following key policies and legislation: Policy The White Paper on the Conservation and Sustainable Use of South Africa’s Biological Diversity (1997) emphasises that sustainable resource use depends on the conservation of biodiversity. The White Paper on Environmental Management Policy (1998) recommends a co- ordinated action is needed to conserve natural resources and use them sustainably. Legislation National Environmental Management Act (1998) provides the overarching framework governing environmental management in South Africa. It provides for co-operative environmental governance by establishing principles for decision-making on matters affecting the environment. One of these principles is sustainable development, which requires the consideration of a range of factors including that the disturbance of ecosystems and loss of biological diversity be avoided, or, where they cannot be altogether avoided, are minimised and remedied. NEM: Biodiversity Act (2004) forms part of the National Environmental Management suite of legislation. It provides for the management and conservation of South Africa’s biodiversity, the protection of ecosystems and species, the sustainable uses of biological resources, and the fair and equitable sharing of benefits arising from bio-prospecting of genetic material. It also provides for the development of a National Biodiversity Framework and the publishing of Bioregional Plans and Biodiversity Plans which must be taken into account in decision-making. Further a range of mechanisms exist within the Act to support the implementation of such plans including the listing of threaten ecosystems and threatening processes. Protected Areas Act (57 of 2003 as amended 2005) forms part of the National Environmental Management suite of legislation. It provides for the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes, the establishment of a national register of national, provincial and local protected areas, and the management of these areas according to national norms and standards. Marine Living Resources Act (1998) provides for the conservation of marine ecosystems, the long-term sustainable utilisation of marine living resources, the orderly access to exploitation, utilisation and protection of certain marine living resources, and the exercise of control over marine living resources in a fair and equitable manner to the benefit of all citizens of South Africa. Environment Conservation Act (1989) has largely been replaced by NEMA. National Water Act (1998) provides for the management of South Africa’s water resources including, inter alia, the protection of aquatic and associated ecosystems and their biological diversity as well as the reduction and prevention of pollution and degradation of water resources, Nature and Environmental Conservation Ordinance: N19 of 1974 as amended by the Amendment Act No.3 of 2000 is currently being updated to fall in line with NEMBA. Veld and Forest Fires Act (1998) is to prevent and combat veld, forest and mountain fires in South Africa. It provides for the establishment, registration and sets out the duties and functioning of fire protection associations which must deal with all aspects of veldfire prevention and fire fighting. Conservation of Agricultural Resources Act (1983) provides for control the over- utilisation of agricultural resources in order to promote the conservation of soil, water resources and vegetation, as well as combating invasive aliens.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 117
Biodiversity conservation – policy and legal framework … continued
Strategies and National Biodiversity Strategy and Action Plan (NBSAP, 2005) builds on the above frameworks policies by translating biodiversity-related policy goals into prioritised objectives and implementation action plans. Draft National Biodiversity Framework (NBF, 2007) as required in terms of the Biodiversity Act is based on the NBSAP. It attempts to provide for an integrated approach to biodiversity management throughout the country within a five year strategy and targets.
Useful references Driver, A., Smith, T. and Maze, K. 2005. Specialist Revi ew Paper on Biodiversity for the National Strategy for Sustainable Development . South African Biodiversity Institute
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 118 Data Sheet No. 3
Policy Coastal Zone Policy for the Western Cape Review Full name unknown
Application Attempts to locate the final document, apparently published in 2004, were unsuccessful. On the basis of a visual scan of the 2001 draft of one Section (Section C: Goals, objectives and policy) it would appear that the Policy provides extensive guidel ines on many aspects that would be useful in the management of the Klein Estuary. Status unknown Purpose “The Western Cape Coastal Zone Policy, which was recently completed, aims to provide all coastal municipalities with a management tool to prevent uncoordinated, linear development along the coastline in sensitive areas. The policy has been submitted to the Governance and Administration Cluster (Cabinet Committee) and will be submitted to Cabinet soon, for final approval.” Extract from the Budget Speech of the Acting Western Cape Minister of Environmental Affairs and Development Planning, Johan Gelderblom, Western Cape Provincial Parliament, 12 June 2003. Accessed on 22-11-2007 http://www.info.gov.za/speeches/2003/03080514461003.htm Provisions (From the Draft, 2001): Guidelines for providing public access to [coastal public property] are provided in Section 18.1 (pp64-67)
Useful references The 2001 draft version of Section C can be downloaded from http://www.dwg.wcape.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 119 Data Sheet No. 4
Legislation Constitution of South Africa review Full name Constitution of the Republic of South Africa, Act No. 108 of 1996
Application The Constitution is the supreme law of the land. No other law or government ac tion can supersede the provisions of the Constitution. This data sheet focuses on a particular aspect of the Constitution that establishes the mandate for certain matters that are highly relevant to the EMP. Key principles 152. Objects of local government (1) The objects of local government are - to provide democratic and accountable government for local communities; to ensure the provision of services to communities in a sustainable manner; to promote social and economic development; to promote a safe and healthy environment; and to encourage the involvement of communities and community organisations in the matters of local government. (2) A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1). 153. Developmental duties of municipalities A municipality must - structure and manage its administration, and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and participate in national and provincial development programmes. 156. Powers and functions of municipalities A municipality has executive authority in respect of, and has the right to administer the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 ; and any other matter assigned to it by national or provincial legislation. A municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer. Schedule 4 Functional areas of concurrent national and provincial legislative competence Part B The following local government matters to the extent set out in section 155(6)(a) and (7), [inter alia]: Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto Schedule 5 Functional areas of exclusive provincial legislative competence: Part B The following local government matters to the extent set out for provinces in section 155(6)(a) and (7), [inter alia]: Beaches and amusement facilities Public places
Useful references The full document can be viewed at http://www.info.gov.za/documents/constitution/index.htm
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 120 Data Sheet No. 5 Subject Proposed re-development of De Mond Caravan Park In May 2007 the Overstrand Municipality awarded a tender to national development company, Atterbury, for a 30-year lease and the redevelopment of the De Mond Caravan Park. The current l ease of the De Mond Caravan Park Association will be terminated by 31 July 2008 . The park currently accommodates approximately 200 temporary homes. “Clarification on allowed density and carrying capacity of the Klein River RDA e.g. high density caravan park currently located at the mouth of the estuary. The current Overstrand Spatial Development Framework states that the scale and nature of permissible development within these areas will depend on the site specific environmental and other conditions, forthcoming from the detailed studies to be undertaken. The Western Cape Provincial Spatial Development Framework mentions 1 u/10ha to 1 u/100ha.” (Job, 2007, citing “Comments on the Overstrand SDF from the Kleinriviersvlei Conservation Trust to the municipality (dated 25 January 2006)”). The site of the caravan park is located on a large municipal erf that occupies the north side of the Klein Estuary at the point where it meets the seashore. The site is zoned “Municipal”, presumably the equivalent of “Local Authority” in the LUPO Zoning Scheme Regulations (Data Sheet No.14). Much of the development area falls within 100 metres of the high water mark of the estuary and is thereby subject to being “managed, regulated or restricted” in terms of the Coastal Protection Zone as defined in the National Environmental Management: Integrated Coastal Management Bill, 2007.
The red line indicates the approximate position of a 100m offset from the high-water mark
The application of the EIA Regulations in r espect to this proposed development is unclear. However, the proposed redevelopment is not on a site zoned ‘resort’, according to a map supplied by the Overstrand Municipality, and would possibly require a re-zoning application. NEM: ICM Bill The Bill requires that “An organ of state may not authorise land within the coastal (2007) protection zone to be used for any activity that may have an adverse effect on the coastal environment without first considering an environmental impact assessment report (s62.2) EIA Regulations Regulation 386 describes activities that require a Basic Assessment and Regulation 387 (2006) describes those that require Scoping and an EIA. Extracts in Data Sheet No.7 provide a selection of activities that may be relevant in the estuarine environment. R.386 Activity 1(m) requires a Basic Assessment for structures or infrastructure within the 1:10 year floodline of a river or within 32 metres if a flood line is not established. R.386 Activity 2 requires a Basic Assessment for buildings, infrastructure, stabilising walls and embankments within 100 metres of the high water mark of the sea. R.387 requires Scoping and EIA for any development activity, including associated structures and infrastructure, where the total area of the developed area is, or is intended to be, 20 hectares or more.
Useful references Data Sheet No.7 – EIA Regulations, 2006 Data Sheet No.11 – NEM: Integrated Coastal Management Bill, 2007 ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 121 Data Sheet No. 6 Subject Developments under consideration Source of The information was collated from a variety of sources, information including the Overstrand IDP, proposals identified at a meeting with municipal representatives in Hermanus on 24- 10-2007, the Overstrand Municipality’s webs ite and other sources identified in the text. It is not a comprehensive data set. Current situation According to the Overstrand IDP (2007/08), the building construction industry in the Overstrand is a thriving business and can be viewed as an indicator of the strong economic growth the area has experienced over the past few years. Building statistics for the period March 2006 – February 2007 are as follows: Area Plans approved Rand Value Hermanus 1083 485,600,900 Stanford 98 37,569,775 The IDP identifies a demand for affordable housing resulting from a growing backlog and expanding informal settlements, as well as limited basic services in existing informal settlements, the limited availability of land for such development and an unnatural increase in the number of backyard dwellers. At Wortelgat, additional units have been developed on agricultural land. No further information available. Awarded tenders In May 2007 the Overstrand Municipality awarded a tender to national development company, Atterbury, for the redevelopment of the De Mond Caravan Park. A 30-year lease was awarded on the basis of a tendered sum of R22.8 million and a proposed investment, in infrastructure and formal holiday accommodation, of R200 m. The current lease of the De Mond Caravan Park Association will be terminated by 31 July 2008. Invited tenders The Overstrand Municipality is currently calling for: Proposals for the lease of the Old Voëlklip Dumpsite (a portion of Erf 4831) Hermanus, ±1935 in extent, for the purpose of operating an Open Air Restaurant (Proposal Call No SC 175/2007 Closing date 28 September 2007). The site, with frontage on to the estuary north of the Waste Water Treatment Works, is zoned Public Open Space with use as Public Resort and related facilities. The bid document specifies that only temporary structures will be allowed. Tenders for the construction of the Maanskynbaai Slipways in Hermanus (Tender No: SC205/2007 Closing date 12 October 2007) In May tenders were invited for the Stanford Boardwalk (Tender no. SC123/2007). Applications An EIA is underway for a proposed petrol station at Stanford, as an addition to the existing facilities occupied by AgriSA. According to the Draft Scoping Report and Plan of Study, the site is located approximately 600m from the river, is zoned for commercial use and the “surrounding area is agricultural land at this stage”. (Reference No.E12/2/3/1-E2/37- 0236/07). Proposals A proposed River Development Investigation for Stanford (Area 16F) makes reference to a floating dock, boat launch slipway, boardwalk, recreational area, jetties, toilet facilities and signage (forwarded by the Overstrand Municipality Assistant Area Manager). This project is one of those identified in the Overstrand IDP for implementation by a proposed Development Agency to be established with a grant received from the Industrial Development Corporation. Proposed Golfing Estate on the east side of the Klein River, near Stanford. On the Farm Middelberg. No further information available. An 'inland' hiking trail from Rooiels to Stanford and Danger Point Affordable housing project on a chicken farm near Stanford. No further info available. Lagoon Farm development proposal - the Overstrand Municipality advised that there are restrictive rights. No further information available.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 122 Data Sheet No. 7
Legislation EIA Regulations established in terms of NEMA review Full name Regulations in terms of Chapter 5 of the National Environmental Management Act, 1998 as amended, published in Government Notice No. R. 385, 21 April 2006
Purpose To regulate procedures and criteria as contemplated in Chapter 5 of the Act for the submission, processing, consideration and decision of applications for environmental authorisation of activities and for matters pertaining thereto. Mandate for The MEC for Environmental Affairs (or the provincial department to which the Provincial MEC has delegated powers) is the competent authority to whom applications Government for environmental authorisation must be submitted. In some instances, application must be made to national DEAT – these are listed in the Schedule below as Category B activities, or Exceptions. Mandate for Local Compliance with the requirement that an EIA must be prepared for the listed Government activities, should the Municipality be the project developer. Assist in the enforcement of the Regulations by reporting incidents of non-compliance to the Competent Authority. Exceptions - WITH REGARDS CATEGORY A and C ACTIVITIES LISTED IN THIS SCHEDULE, THE COMPETENT AUTHORITY IS DEA&DP, WITH THE FOLLOWING EXCEPTIONS, WHERE IT WILL BE THE MINISTER (DEAT) OR HIS DELEGATED REPRESENTATIVE: (1) [The competent authority will be DEAT] If the activity- (a) has implications for national environmental policy or international environmental commitments or relations; (b) will take place within an area identified in terms of section 24(2)(6) or (c) as a result of the obligations resting on the Republic in terms of any international environmental instrument, other than any area falling within the sea-shore, a conservancy, a protected natural environment, a proclaimed private nature reserve, a natural heritage site, or the buffer zone or transition: area of a biosphere reserve or world heritage site; (c) will affect more than one province or traverse international boundaries; (d) is undertaken, or is to be undertaken, by- (i) a national department; (ii) a provincial department responsible for environmental affairs; or (iii) a statutory body, excluding any municipality, performing an exclusive competence of the national sphere of government; or (iv) will take place within a national proclaimed protected area or other conservation area under control of a national authority.
Activities that require a Basic Assessment (R. 386)
Activity No.1 The construction of facilities or infrastructure , including associated structures or infrastructure, for [inter alia] - (i) aquaculture production , including mariculture and algae farms, with a product throughput of 10 000 kilograms or more per year; (k) the bulk transportation of sewage and water, including storm water, in pipelines with - (i) an internal diameter of 0,36 metres or more; or (ii) a peak throughput of 120 litres per second or more; (I) the transmission and distribution of electricity above ground with a capacity of more than 33 kilovolts and less than 120 kilovolts;
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 123 EIA Regulations established in terms of NEMA Activities that require a Basic Assessment (R. 386) (continued)
Activity No.1 The construction of facilities or infrastructure , including associated structures or cont’d. infrastructure, for [inter alia] - (m) any purpose in the one in ten year flood line of a river or stream, or within 32 metres from the bank of a river or stream where the flood line is unknown, excluding purposes associated with existing residential use, but including - (i) canals; (ii) channels; (iii) bridges; (iv) dams; and (v) weirs; (r) the outdoor racing of motor powered vehicles including - (i) motorcars; (ii) trucks; (iii) motorcycles; (iv) quad bikes; (v) boats; and (vi) jet skis; (t) marinas and the launching of watercraft on inland fresh water systems; Activity No.2 Construction or earth moving activities in the sea or within 100 metres inland of the high water mark of the sea, in respect of - (a) facilities for the storage of material and the maintenance of vessels; (b) fixed or floating jetties and slipways; (c) tidal pools; (d) embankments; (e) stabilising walls; (f) buildings; or (g) infrastructure. Activity No.3 The prevention of the free movement of sand , including erosion and accretion, by means of planting vegetation, placing synthetic material on dunes and exposed sand surfaces within a distance of 100 metres inland of the high water mark of the sea. Activity No.4 The dredging , excavation, infilling, removal or moving of soil, sand or rock exceeding 5 cubic metres from a river, tidal lagoon, tidal river, lake, in-stream dam, floodplain or wetland. Activity No.5 The removal or damaging of indigenous vegetation of more than 10 square metres within a distance of 100 metres inland of the high-water mark of the sea. Activity No.6 The excavation, moving, removal, depositing or compacting of soil, sand, rock or rubble covering an area exceeding 10 square metres in the sea or within a distance of 100 metres inland of the high-water mark of the sea. Activity No.12 The transformation or removal of indigenous vegetation of 3 hectares or more or of any size where the transformation or removal would occur within a critically endangered or an endangered ecosystem listed in terms of section 52 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004). Activity No.13 The abstraction of groundwater at a volume where any general authorisation issued in terms of the National Water Act, 1998 (Act No. 36 of 1998) will be exceeded. Activity No.18 The subdivision of portions of land 9 hectares or larger into portions of 5 hectares or less.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 124 EIA Regulations established in terms of NEMA (continued) Activities that require Scoping and EIA (R. 387)
Activity No.2 Any development activity, including associated structures and infrastructure, where the total area of the developed area is, or is intended to be, 20 hectares or more. Activity No.9 Construction or earth moving activities in the sea or within 100 metres inland of the highwater mark of the sea, excluding an activity listed in item 2 of Government Notice No. R. 386 of 2006 [Activities which require a Basic Assessment] but including construction or earth moving activities in respect of - (a) facilities associated with the arrival and departure of vessels and the handling of cargo; (b) piers; (c) inter- and sub-tidal structures for entrapment of sand; (d) breakwater structures; (e) rock revetments and other stabilising structures; (f) coastal marinas; (g) coastal harbours; (h) structures for draining parts of the sea; (i) tunnels; or (j) underwater channels. Activity No.10 Any process or activity identified in terms of section 53(1) of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004). [53(1) states that The Minister may, by notice in the Gazette, identify any process or activity in a listed ecosystem as a threatening process ]
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 125 Data Sheet No. 8 Review Estuaries conservation plan Full name Turpie, J. and Clark, B. 2007. Development of a conservation plan for temperate South African estuaries on the basis of biodiversity importance, ecosystem health and economic costs and benefits. Final report. C.A.P.E. Reg ional Estuarine Management Programme.
Application Turpie and Clark (2007) have presented a conservation plan for temperate South African Estuaries on the basis of biodiversity importance, ecosystem health and economic costs and benefits. The following su mmarises their findings in relation to the Klein River Estuary. Revised estuary In a revised estuary conservation importance rating for all temperate estuaries, conservation incorporating further botanical, fish and bird data, the Klein River Estuary is rated fifth in importance rating importance of temperate estuaries after the Knysna, Orange, Berg and Olifants river estuaries and is ranked ninth nationally (after Whitfield, 2000). Health of the temperate estuaries was assessed based on Whitfield’s previous assessment (2000). The Klein River Estuary is rated as good. However it is ranked as high priority for rehabilitation, addressing in particular water quality (pollution), water quantity, alien clearing and mouth management. Turpie and Clark (2007) also undertook an assessment of the economic value of temperate estuaries and have classified them in terms of economic importance. The analysis included: subsistence / commercial use value; tourism value; property values; water demand and value; the indirect (e.g. nursery) value of fisheries as well as non-use value or existence value (survey of Western Cape residents). Conservation Overall goals: “Ideally, the core Estuarine Protected Area network should take into planning for account the following goals: temperate Representativeness: all estuarine species within a bioregion should be represented in estuaries viable numbers in the protected areas network. Maintenance of ecological processes: the protected area network should allow for connectivity and interaction with other adjoining ecosystems. Maintenance of fishery stocks: the protected area network should provide enough protection to exploited species to act as source areas for surrounding exploited areas. Minimisation of economic opportunity costs: biodiversity targets should be met at least possible opportunity cost, through careful selection of the estuaries included in the protected area network. Estuaries where protection offers greatest economic benefits or lowest economic costs should be prioritised in the EPA selection process. Implementabilty: consider the practicalities of protection in each estuary.” Conservation Conservation targets were set by Turpie and Clark (2007) in terms of total percentage Targets area of habitat type rather than according to estuary type, although “it was considered desirable to include a range of physical types in the final protected area set”. Species targets were set for a set of estuary dependent fish and bird species. Ecosystem and landscape level processes (and related targets) were accommodated by ensuring that the protected area set had a good geographic spread, included large as well as small estuaries and aligned with existing and/or proposed terrestrial and MPAs. A conservation planning analysis needed to understand the existing protection, which is rated as weak: only 2% of the area of temperate estuaries under full protection but these protected estuaries account for less than 5% of all but one of the habitat targets, and less than 5% of the targeted populations of most fish and bird species. In selecting the set of protected areas to meet conservation targets, management costs, opportunity costs and the benefits of protection were taken into account, with the aim of achieving conservation targets at the lowest net cost or highest net benefit. Critical to the selection process was the division of each large estuary into two conservation units theoretically available to conservation on the basis that it was not practical to assume that 100% of most estuaries were available for conservation.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 126 Data Sheet No. 9
Biblio- Estuarine Management guidelines graphy
Full name A list of useful references on the subject of Estuarine Management in South Africa
Eastern Cape Breen, C.M. and McKenzie, M. (eds.). 2001. Managing Estuaries in Estuaries South Africa: An Introduction . Institute for Natural Resources. Programme Pietermaritzburg. Hay, D. and McKenzie (compilers) for UKZN. 2005. Managing Estuaries in South Africa: A step by step guide. Water Research Commission Report No.TT 243/04. Pretoria. Hay, D. (Ed.) for Centre for Environment, Agriculture and Development, UKZN. 2007. Estuaries and Integrated Development Planning: A Manager’s Guide. Water Research Commission Report No. TT 294/07. Pretoria. C.A.P.E. Estuaries Spenceley, Dr A. 2007. C.A.P.E. Estuaries Guideline 2: Guidelines for Sustainable Programme Tourism in Estuaries of the Cape Floral Region . Stellenbosch: CapeNature / DEAT. Taljaard, S. for CSIR. 2007. C.A.P.E. Estuaries Guideline 1: Interpretation of Legislation pertaining to Management of Environmental Threats within Estuaries . Stellenbosch: CapeNature / DEAT. Taljaard, S. and van Niekerk, L. for CSIR. 2007. C.A.P.E. Estuaries Guideline 5: Guidelines on Promoting appropriate Water Quantity & Quality Management in the Estuaries. Stellenbosch: CapeNature / DEAT. Taljaard, S. and van Niekerk, L. for CSIR. 2007. C.A.P.E. Estuaries Guidelines 6: Guidance on monitoring programmes for implementation in South African Estuaries . Stellenbosch: CapeNature / DEAT. Theron, A. for CSIR. 2007. C.A.P.E. Estuaries Guideline 4: Preliminary zoning of human use of CAPE Estuaries based on sensitivity mapping and carrying capacity . Stellenbosch: CapeNature / DEAT. Turpie, J. for Anchor Environmental Consultants. 2007. C.A.P.E. Estuaries Guideline 9: Maximising the Economic Value of Estuaries. Stellenbosch: CapeNature / DEAT. Turpie, J. and Clark, B. (compilers). 2007. The Health Status, Conservation Importance, and Economic Value of Temperate South African Estuaries and Development of a Regional Conservation Plan. Draft Report . Stellenbosch: CapeNature – C.A.P.E. Regional Estuarine Management Programme. van Niekerk, L. for CSIR. 2007. C.A.P.E. Estuaries Guideline 8: Generating Education and Awareness of the estuaries in the Cape Floral Region . Stellenbosch: CapeNature / DEAT. van Niekerk, L. and Taljaard, S. for C.S.I.R in consultation with C.A.P.E. Estuaries Programme Task Team. March 2006. C.A.P.E. Estuaries Programme Regional Management Workshop Proceedings. Workshop held: 27-28 September 2005 . Stellenbosch: CapeNature – C.A.P.E. Regional Estuarine Management Programme. van Niekerk, L. and Taljaard, S. for C.S.I.R. May 2007. Generic Framework for Estuarine Management Plans. Draft Report Version 1. Stellenbosch: CapeNature – C.A.P.E. Regional Estuarine Management Programme. CapeNature / DEAT. Wooldridge, Prof T. for Nelson Mandela Metropolitan University. 2007. C.A.P.E. Estuaries Guideline 3: Collection of Bait Organisms in Estuaries. Stellenbosch: CapeNature / DEAT.
Useful references The Water Research Commission documents can be ordered from and contact details [email protected]. za / Water Research Commission (WRC), Private Bag X03, Gezina, Pretoria 0031, South Africa. The C.A.P.E. Estuaries programme documents can be downloaded from http://fred.csir.co.za/extra/project/CAPE_Estuaries/
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 127 Data Sheet No. 10 Subject “Estuary” - definition
Application The spatial definition of the extent of an estuary is dependent on the availability of scientific data relating to salinity and/or tidal influence, due to the basis on which it is defined in the le gislation. There are a variety of definitions available in South Africa’s laws, and also a range of scientific definitions. Some of these are recorded here for clarification purposes.
NEM: ICM Bill “a body of surface water that (2007) (a) is part of a water course that is permanently or periodically open to the sea; and (b) in which a rise and fall of the water level as a result of the tides is measurable at spring tides when the water course is open to the sea; or (c) the salinity is measurably higher as a result of the influence of the sea. (Emphasis added). DWAF, 2004 The methods for Resource Directed Measures for Estuaries (DWAF, 2004) developed under the National Water Act (1998) provide the following definition for the geographical boundaries of an estuary for administrative purposes: the seaward boundary is the estuary mouth the upper boundary the full extent of tidal influence or saline intrusion, whichever is furthest upstream, the 5.0 m above mean sea level (MSL) contour is defined as the lateral boundary. National Water Act “a partially or fully enclosed water body that is open to the sea permanently or periodically, (1998) and within which the seawater can be diluted, to an extent that is measurable, with freshwater drained from land.” The Proposed Generic Framework for Estuarine Management Plans (CSIR, May 2007) proposes this as the most appropriate (this observation pre-dated publication of the NEM: ICM Bill, November 2007) because it takes into account the situation where the body of water is closed or otherwise cut off from the sea.
Useful references National Environmental Management: Integrated Coastal Management Bill, 2007 National Water Act, Act No.36 of 1998 Department of Water Affairs and Forestry (DWAF). May 2004. Resource Directed Measures for Protection of Water Resource: Methodology for the Determination of the Ecological Water Requirements for Estuaries . Version 2: Final Draft. Water Resource Protection and Assessment Policy Implementation Process.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 128 Data Sheet No. 11
Legislation Integrated Coastal Management Bill (2007) Summary Full name National Environmental Management: Integrated Coastal Management Bill, 13 July 2007 (Published in the Government Gazette on 15 November 2007) Application The Bill aims, inter alia, to “ establish a system of integrated coastal and estuarine management ” for South Africa. The Klein EMP, as a pilot project in the CFR, will contribute to the establishment of a national estuarine management protocol. Relevant aspects of the Bill are summarised here. Key definitions / “coastal zone” means the area comprising: coastal public property, the coastal protection terminology zone, coastal access land, and coastal protected areas, the seashore, coastal waters, the exclusive economic zone and includes any aspect of the environment on, in, under and above these areas; “coastal public property” includes everything between the high-water mark (including estuaries) and the outer limit of the Exclusive Economic Zone (200 nautical miles off the coast), and the natural resources existing therein, but excludes: portions of the admiralty reserve and seashore, and islands, which have been alienated from state ownership. Subject to section 26 1; “coastal protection zone” includes all of the above and also: declared sensitive coastal areas, the littoral active zone, coastal protected areas, privately owned portions of the admiralty reserve and seashore, and the entire extent of any land parcels that are wholly or partially located within 1km of the high water mark of the sea or an estuary and that are not within an urban edge or human settlement area, i.e. that are zoned for agricultural or indeterminate use, or are not zoned; and any other land parcel which is wholly or partially located within 100m of the high water mark of the sea or an estuary. “coastal access land” means land that is identified by the municipality, whether it is state-owned or established through a servitude, for the purpose of providing public access to the seashore, including estuaries. Subject to EIA, public participation process, notification of owner, and section 26 1; “coastal waters” – (a) means marine waters that form part of the territorial waters or the internal waters of the Republic as defined in the Maritime Zones Act, 1994 (Act 15 of 1994); and (b) subject to section 26 1, any estuary; “ coastal set-back line ” means a line established through the publication of regulations by the MEC, after consultation with affected municipalities and IAP representation, in order to demarcate an area within which development will be prohibited or controlled; “coastal zoning scheme” means a scheme that – (a) reserves defined areas within the coastal zone to be used exclusively or mainly for specified purposes; and (b) prohibits or restricts any use of these areas in conflict with the terms of the scheme; “estuarine management plan ” means a plan for the management of a specific estuary prepared in accordance with section 34 (more information on the following page); “estuary” means a body of surface water that – (a) is part of a water course that is permanently or periodically open to the sea; and (b) in which a rise and fall of the water level as a result of the tides is measurable at spring tides when the water course is open to the sea; or (c) the salinity is measurably higher as a result of the influence of the sea. “national estuarine management protocol” means the national protocol concerning the management of estuaries that is referred to in Chapter 4; ______1 Section 26 permits the determination or adjustment of coastal zone boundaries under certain circumstances
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Integrated Coastal Management Bill… continued
Definitions, “high-water mark” means the highest line reached by coastal waters but excluding any continued line reached as a result of – (a) exceptional or abnormal floods or storms that occur no more than once in ten years; or (b) an estuary being closed to the sea; “municipality” means Metropolitan or District Municipality unless, by agreement, the District Municipality has assigned implementation to the Local Municipality; “sea” does not include estuaries (whereas in the Seashore Act, 21 of 1935, which is wholly repealed by the NEM: ICM Bill, includes “tidal lagoon” in its definition of “sea”); “seashore” , subject to section 26 1, means the area between the low-water mark and the high-water mark.
Scope of 17. Purpose of coastal protection zone provisions The coastal protection zone is established for the purpose of enabling the use of land that is adjacent to coastal public property, or that plays a significant role in a coastal ecosystem, to be managed, regulated or restricted in order – (a) to protect the ecological integrity, natural character and the economic, social and aesthetic value, of coastal public property; (b) to avoid increasing the incidence or severity of natural hazards in the coastal zone; (c) to protect people, property and economic activities from risks arising from dynamic coastal processes, including the risk of sea-level rise; (d) to maintain the natural functioning of the littoral active zone; (e) to maintain the productive capacity of the coastal zone by protecting the ecological integrity of the coastal environment; and (f) to make land near the seashore available to organs of state and other authorised persons for performing rescue operations or temporarily depositing objects and materials washed up by the sea or tidal waters. Chapter 4 - Estuaries: 33. National estuarine management protocol: To be prescribed by DEAT with agreement of DWAF, within four years of commencement of the Act. To provide for the management of estuaries in South Africa in a co-ordinated and efficient manner. Elements include: a strategic vision and objectives; standards for management of estuaries; guidelines on institutional arrangements and responsibilities; specification of the minimum requirements for EMPs, who is responsible for preparing them, the process to be followed for preparing and reviewing them. 34. Estuarine management plans: procedural guidelines– Must follow a public participation process (refer Part 5 below). Ensure that the EMP and the process by which it is developed is consistent with national estuarine management protocol, national coastal management programme, the applicable provincial coastal management programme and the applicable municipal coastal management programme (not yet commenced in Overberg / Overstrand Municipality). 44. Identification of provincial and municipal roles in coastal management (1) The Minister must, within 12 months of the commencement of this Act by notice in the Gazette, identify the coastal management roles and responsibilities of the coastal provinces, coastal municipalities and other organs of state. Preparation of coastal management programmes , to be adopted within four years of commencement of the Act: 46. A provincial coastal management programme must, inter alia – be consistent with the national estuarine management protocol; and contain strategies and priorities for the development of EMPs in the province. 47. A coastal municipality must, within four years of the commencement of the Act, prepare and adopt a municipal coastal management programme and review it at least once every five years. It may be prepared as a component of the IDP and SDF. 48. A municipal coastal management programme, inter alia – must be consistent with the national estuarine management protocol, and may include EMPs.
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Integrated Coastal Management Bill… continued
Scope of Implications of ICM Bill for municipal planning schemes provisions, 25. (3) A local municipality within whose area of jurisdiction a coastal set-back line has continued been established must delineate the coastal set-back line on a map or maps that form part of its zoning scheme [Coastal set-back lines may be established by the MEC in consultation with the Municipality and published as Regulations in the Gazette). 31. Marking coastal boundaries on zoning maps: If the Minister, the MEC or a municipality determines or adjusts a coastal boundary ... a local municipality … must delineate that coastal boundary on a map or maps that form part of its zoning scheme [“coastal boundary” refers to the boundaries of coastal public property, coastal protection zone, special management areas and coastal access land, as defined in the Bill] 57. (1) …a coastal zoning scheme of a municipality may form, and be enforced as part of, any land use scheme adopted by the municipality. 56. Coastal zoning schemes (Part 7) : the coastal equivalent of land use schemes. They define restricted use areas and what they may or may not be used for. A coastal zoning scheme must be consistent with any estuarine management plan applicable in the area. It may be prepared by various organs of state, including a municipality, that is responsible for the management of the area to which the zoning scheme applies, provided that they consult with other affected organs of state (including protected area managers and the provincial environmental affairs department). 52. Public Participation process (Part 5): Anyone preparing an EMP must consult with interested and affected parties (IAPs) by means of a fair consultative process that enables them to participate effectively in the decision-making process; and take account of the representations and objections received during the consultative process. IAPs – include organs of state whose areas of responsibility may be significantly affected by implementation of the EMP; may be required to register to participate in the EMP process; may be allowed to make oral representations or objections. The Bill provides guidelines for the process to be followed if participation is effected by means of a “notice and comment” procedure . Key phrases 34(2) “An estuarine management plan may form an integral part of a provincial coastal management programme or a municipal coastal management programme.” 57(1) “.. a coastal zoning scheme of a municipality may form, and be enforced as part of, any land use scheme adopted by the municipality.” The ownership of coastal public property vests with the citizens of South Africa and the state holds it in trust on behalf of the citizens. It cannot be sold, nor can any rights be acquired by prescription (Section 11).
Mandates and Municipalities (see definition) – responsibilities are required to make a by-law that designates coastal access land for the purpose of relating to Estuary providing public access to estuaries; Management must prepare and adopt a coastal management programme within 4 years of the commencement of the Act, possibly as a component of the IDP and SDF (s47); may prepare a coastal zoning scheme for an area that they are responsible for managing (s56); must delineate a coastal boundary in its planning scheme (applicable to local municipalities) (s31). must regulate land use in the coastal protection zone in a way that gives effect to its purpose, as prescribed in section 17, and may not authorise any activity that may have an adverse effect on the environment without first considering an EIA (s62).
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 131 Data Sheet No. 12 Legislation Competencies and mandates relating to review coastal management Full name Extracts and analysis relating to provisions of the NEM: Integrated Coastal Management Bill (2007)
Application The provisions of the Bill have relevance for estuarine environments. Coastal “The primary function of local authorities in relation to coastal management is Management – to manage beaches and other coastal areas under their jurisdiction in an municipal functions integrated, effective, and efficient manner that is in the interests of the whole (EnAct, 2003) community and to ensure that the public has appropriate access to coastal public property in accordance with the Bill. In this regard, a local authority must: demarcate, maintain and sign-post land used by the public for access to beaches; manage, in accordance with the coastal management principles, areas of coastal land and beaches, swimming and other recreational uses of coastal waters adjacent to the seashore unless the activity in question is already regulated by another organ of State; and where appropriate, promote the establishment of co-management initiatives and public- private partnerships that contribute to sustainable coastal management.” NEM: ICM Bill Provincial competency: Municipal competency: (2007) establish coastal setback lines designate strips of land for access to establish provincial coastal committees coastal public property (beach and prepare and adopt a provincial coastal estuary) management programme show coastal boundaries on municipal monitor coastal management and prepare maps, including planning schemes state of the coast report for the province establish municipal coastal committees make regulations prepare and adopt a municipal coastal management programme make by-laws Compliance and “In regard to protection of the coastal environment, certain activities are prohibited in enforcement terms of the Coastal Zone Bill. In respect of certain identified activities which are not (EnAct, 2003) prohibited, but which have a significant environmental impact, a permitting system is established. Furthermore, various organs of state, including municipalities, are empowered to issue abatement and restoration notices on any person responsible for an activity which has resulted or is likely to result in an adverse impact on any aspect of the coastal environment. Municipalities are also empowered to issue repair and removal of structures notices. The Coastal Zone Bill makes provision for integrated permitting. In other words, one issuing authority, such as the municipality, could in terms of the Bill be responsible for issuing each of the permits required, such as a permit in terms of planning legislation, an EIA approval and a coastal use permit.” (p43)
Useful references EnAct International. 2003. Guidelines for environmental decision-making by municipalities in the Western Cape . Prepared for Department of Environmental Affairs and Development Planning. See also Data Sheet No.4 - Constitution
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 132 Data Sheet No. 13 Data Structure Plan for the Kleinriviersvlei and Klein review River Area (1993) Full name Overberg Regional Services Council. November 1993. Structur e Plan for the Kleinriviersvlei and the Klein River Area. Final Report (Report 3), Volume I. Dennis Moss Partnership. Application The Structure Plan covers a similar extent to the Estuarine Management Plan study area and, in its expressed goals and objectives, had the same intent as the E.M.P. The Structure Plan was not adopted and none of the recommendations have been implemented. Goals “The maintenance of essential ecological processes, the preservation of genetic diversity and the ensurance of the sustainable utilisation of species and ecosystems. The above goal can only be achieved by the conservation of essential habitats and not individual species. The management of human use of the biosphere so that it may yield the greatest sustainable benefit to present generations while maintaining its potential to meet the needs and aspirations of future generations.” Key phrases/ “.. without a large environmental data base it is impossible to establish whether the technical details recreational carrying capacities of the Kleinriviersvlei and Klein River are being exceeded or not. In addition, meaningful recommendations with respect to the development of future recreational amenities and resort developments cannot be made.” (p134); “… the most obvious change since the 1952 survey … is the devastation of the popular bait species such as pencil bait ( Solen capensis ), bloodworm ( Arenicola loveni ) and sandprawn ( Callianassa kraussi ) in the mouth area.” (p89) Scope of useful Zoning of the water body surface, based on a provisional estimate of recreational carrying material capacity; Calculation of physical carrying capacity of the estuary; Survey of recreational use of the estuary and boat ownership; Record of public participation process and IAPs; Maps of estuarine bathymetry, vegetation, existing land use (not supplied with the copy of the Report that was loaned to the EMP consultants); ‘Snapshot’ assessment of conditions in the late 1980’s – useful for monitoring purposes. Refer to tables 1 and 2 for source references. Recommendations As listed in the conclusion (p134): “One of the prime recommendations is … that a number of scientifically based environmental monitoring programmes should be implemented as soon as possible to build up a data base to assist authorities in making meaningful value judgements of proposed development applications.” Implementation of the provisional recreational activities zoning plan for the estuary; Upgrading of existing recreation nodes and construction of a power-boating/water-skiing recreation node at the eastern-most sector of Maanskynbaai; All applications for rezoning of agricultural land abutting the Kleinriviersvlei should be frozen until the results of the Management Plan have been analysed (envisaged as a minimum 3-5 year period); The structure plan area should be incorporated into a Limited Development Area proposed over the extent from the Kleinriviersberge watershed to De Kelders on the coast and inland as far as Stanford (Figure 25 in the Report, p129) for the purpose of preventing environmentally undesirable developments.
Useful references The structure plan was prepared by Dennis Moss Partnership www.dmp.co.za A hard copy is kept by the Town Planning Department located at the Hermanus offices of the Overstrand M unicipality but is missing drawings relating to land use and the Strucutre Plan recommendations.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 133
Table 1 References used in Section 8 – Abiotic Characteristics of the Study Area – of the Kleinriviersvlei / Klein River Structure Plan (1993) Subject References (in order most to least frequently cited)
Climate – Rainfall and run-off De Decker, 1989 Waldron, 1986 Municipal offices’ rain gauging station
Climate – Wind and Aeolian transport Barwell, 1988 De Decker, 1989 Morant, pers.comm.
Geology Government printer, 1966 (map)
Soils Waldron, 1986
Sedimentation Waldron, 1986 Barwell, 1988 (see also Sloman, 1983)
Geomorphology Waldron, 1988
Formation of the Kleinriviersvlei De Decker, 1989
Area and volume Waldron, 1986
Bathymetry Waldron, 1986 *CSIR, 1985 (survey) – included in the Report Barwell, 1988 Truter and Partners, 1951 (survey)
Estuary mouth dynamics Heydorn and Tinley, 1980 (generic) Nicholson, 1985 (generic)
Artificial breaching of the Kleinriviersvlei mouth Waldron, 1986 *Franks, unpublished data – Appendix VI (not included in the bound report) Barwell, 1988 Tredgold, 1980
Klein River – area, length De Decker, 1989
Physico-chemical surveys Morant and Fijen (CSIR), 1989 (?in De Decker, 1989?) UCT Freshwater Research Unit – King et al, 1989 Coetzee and Pool (recorded in Waldron, 1986)
Temperature Waldron, 1986
Salinity Waldron, 1986 De Decker, 1989 Morant and Fijen (CSIR), 1989
Oxygen tension Waldron, 1986 pH Morant and Fijen (CSIR), 1989
Turbidity Waldron, 1986 King et al, 1989
Nutrients and pollution De Decker, 1989 CSIR (Watertech) analysis of samples, 1991 * These documents form part of the Structure Plan Report
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 134
Table 2 References used in Section 9 – Biotic Characteristics of the Study Area – of the Kleinriviersvlei / Klein River Structure Plan (1993) Subject References (in order most to least frequently cited)
Introduction – land use impacts De Decker, 1989
Flora *Large scale vegetation map included in the Report De Decker, 1989 Waldron, 1986
Macrofauna De Decker, 1989
Fish De Decker, 1989
Amphibians and Reptiles De Decker, 1989
Birds De Decker, 1989
Mammals *List compiled by PH Lloyd, Nature Conservation, included in Appendix XI (not included with the bound Report) De Decker, 1989 * These documents form part of the Structure Plan Report
References
Barwell, L. 1988. Dynamics of the Klein River with reference to the artificial breaching of the estuary mouth. CSIR Contract Report EMA-C8960. 27pp.
De Decker, H.P. 1989. Estuaries of the Cape: Part II: Synopses of available information on individual systems. Report No.40 Klein (CSW 16). Heydorn, A.E.F. and Morant, P.D. (eds). Stellenbosch.
King, J.M., Bally, R.P.A. and Silberbauer, M.J. 1989. Kleinriviersvlei. Report of an investigation into the likely effects of discharging sewage effluent into the Kleinriviersvlei (Hermanus Lagoon). Zoology Department, UCT.
Morant, P. and Fijen, A. 1989. Proposed Hermanus East Sewage Works: Disposal of treated effluent . 24pp.
Sloman, R.J.L. 1983. The sediment distribution of the Klein River Estuary . BSc Honours Project, Geology Dept, UCT.
Tredgold, A. 1980. Village of the Sea. The Story of Hermanus. Second Edition. Cape Town: Human and Rousseau.
Waldron, M. 1986. The importance of water levels in the management of the Klein River Estuary, Hermanus. Unpublished MSc Thesis, UCT.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 135 Data Sheet No. 14
Legislation Zoning scheme regulations review Full name Provincial Notice (PN) 1048 of 5 December 1988. Schedule: Scheme regulati ons in terms of Section 8 of the Land Use Planning Ordinance No. 15 of 1985. Cape Provincial Gazette, December 1988.
Application Regulations applying to land use, subject to adaptations imposed through the local approved planning scheme. Extracts here pertain to non-urban land uses. Definitions “Agriculture” means the cultivation of land for crops and plants of the breeding of animals, or operation of a game farm on an extensive basis on natural veld or land, and including such activities and buildings as are reasonably connected with the main farming activities on the farm. “Intensive feed farming” means keeping, feeding and breeding of animals or poultry ona an intensive basis. “Land unit” is as defined in the (Cape Provincial ) Land Use Planning Ordinance No.15 of 1985. “Agricultural industry” means the processing of agricultural products on a farming unit owing to the nature, perishability or fragility of such agricultural products and includes wineries but not service trades. “Service trades” means the rendering of a service for the local environs and employs not more than 10 people. Excludes abattoir, brick-making, sewage treatment works, service station and public garage. “Tourist facilities” includes lecture rooms, restaurants, gift shops and restrooms but does not include overnight accommodation. “Holiday accommodation” means harmoniously designed and built holiday developments in a unique natural environment with an informal clustered layout. May include camping site, mobile homes or dwelling units, for short-term renting or time share. Does not include a hotel or motel. “Holiday housing” as for holiday accommodation but with no reference to term (short- term or long-term). “Farm stall” is less than 100 m 2 in extent, including storage, for the sale of products produced on the farm. “Farm store” is less than 100 m 2 in extent, including storage, for the sale of goods (not restricted to those produced on the farm. “Resort shop” is less than 10 m 2 in extent. Planning control Agriculture zone I is the only land use zone where intensive feed farming is permitted, provisions and it requires authorisation (consent use). ‘Tourist facilities’, as a consent use, does not include overnight accommodation. A building line of 30 metres applies to the street frontage and sides of an land parcel that is zoned Agriculture I or II. Authorisation of a layout plan by the municipality is required for development of a site zoned Resort I or Resort II. The municipality may authorise subdivision of an erf where there is no rezoning involved and where it is not agricultural land.
Useful references Land Use Planning Ordinance, No. 15 of 1985 Table 1 on the following page
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 136
Table 1 Typical non-urban land use zones (source: PN 1048, 1988) Land use zone Colour notation Primary use Consent use
Agricultural zone I Yellow-green outline Agriculture Additional dwelling units, farm store, farm stall, intensive feed farming, riding school, nursery, service trade, tourist facilities
Agricultural zone II Yellow-green Agricultural industry Tourist facilities, farm store
Resort zone I Pink Holiday Tourist facilities, resort shop accommodation
Resort zone II Pink with black hatching Holiday housing Tourist facilities, motel, licensed hotel, resort shop
Open space I Dark green Public open space None
Open space II Dark green with black Private open space None hatching
Open space III Dark green outline Nature reserve None
Authority zone Red Authority usage None
Special zone Blue-green Special usage None
Undetermined Blue-green with blue- None None purple outline
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 137 Data Sheet No. 15
SDF Landscape as heritage review Full name Overstrand Municipal Wide Spatial Development Framework . Volume II: Development Strategy. October 2006 – Final Draft
Application The Klein River estuary occupies a strategic position relative to the SDF’s heritage strategies, particularly in relation to the establishment of a Scenic Route along the R43. Policy objectives The SDF identifies the following issues and needs: the integrated nature of the natural and cultural heritage resources of the region; the need to retain the respective characters of the different villages and to direct development into those areas that have the capacity for growth; the need to be strategic in the selection of conservation sites; the need for guidelines and regulations for proposed conservation areas and overlay zones to protect the particular character of identified areas. Strategies The following are identified as components of the strategy to conserve the settlement character and heritage places of Hermanus (LPL8, p152), inter alia : development of a series of heritage overlay zones as a component of the zoning scheme regulations, relating to the described features, some of which are listed below the significant groupings of milkwood trees the designation of the R43 as a scenic linkage route the key defining qualities and recreational opportunities of the town’s natural setting arising from a combination of rocky, lagoon/beach and cliff face coastal conditions, a sense of containment between mountain and sea and the linkage role of the Mossel River and Klein River systems The following are identified as components of the strategy to conserve the settlement character and heritage places of Stanford (LPL 7, p160), inter alia : Conservation of the historical core area through designation as a special urban conservation overlay zone Designation of R43 as a Scenic Drive, including the protection of views over the Klein River estuary towards the coast, and guidelines for development along the route. Status The Overstrand Municipality recently invited tenders for a Heritage Resource Survey (Tender No. SC 173/2007 Closing date 21 September 2007).
Useful references The full SDF document can be downloaded from http://www.overstrand.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 138 Data Sheet No. 16 Subject Local government structures and capacity
Sources Overberg Municipality IDP, Overstrand Municipality IDP, and IAP comments.
Application Local government has a key role in the management of the Klein Estuary and the implementation of the EMP. The assignment of responsibilities in the Management Action Plans should take into acc ount the existing capacity and resources available to relevant institutions. Financial The [Overstrand] Municipality was classified as a ‘high capacity’ Municipality in terms of management the national financial management reform programme at a local government level (Overstrand IDP 2007/08). This includes Supply Chain Management, managing income, expenditure and financial services generally. Environmental Since 2004 Environmental Health Services have been the mandate of the Overberg Management District Municipality (Overstrand IDP). Overstrand Municipality has an Environmental Management Services department headed by an Environmental Specialist located within the Infrastructure and Planning directorate . The post is currently filled in an Acting capacity (Overstrand IDP). Coastal Management was delegated to the Local Municipalities in the Overberg District, by agreement between the District and Local Municipalities, at the time that the ORV regulations were promulgated. Further discussions between the municipalities will be required in view of the Coastal Management mandate that is conferred upon District Municipalities in the Integrated Coastal Management Bill, 2007 (pers.comm., Mr Francois Kotze, Overberg District Municipality, 13 November 2007). Enforcement Establishment of a law enforcement unit has improved the Municipality’s capacity to enforce the relevant municipal and national legislation. Its main focus is to enforce municipal by-laws and regulations and deal with complaints relating to public nuisance, illegal dumping etc. (Overstrand IDP p36) Development Overberg District Municipality is one of the smallest district municipalities in the Western Planning Cape and is lacking in development planning capacity. It has been rated as a medium- capacity municipality. The municipality fulfils its mandate to act as co-ordinator and facilitator of the IDP planning process on a district wide level with the assistance of the Overberg PIMS Centre (Overberg IDP). Overstrand Municipality, rated as high-capacity, can be regarded as suitably capacitated to fulfil its integrated development planning function (Overberg IDP). Ward Committees have been established in all four local municipal areas [i.e. including Overstrand] and are working satisfactorily. These committees are now being utilized as the grassroots participation platform for communities. From the ward committees members are nominated to participate in the various municipal IDP advisory forums. This formalizes and enhances participation to a large extent. Participatory Among the comments on the Overstrand SDF submitted by the Hermanus Lagoon planning Property Owners’ Association on 24 January 2006: “Public participation and communication between recognized NGOs and the Overstrand Municipality is extremely poor. Requests for information (particularly on new applications) are ignored, letters are not replied to, and objections are treated with disdain. This arrogant and cavalier attitude on behalf of the Municipality must change and the OMSDF must give firm direction in this regard. It is furthermore questionable as to how well the Ward Committees are working. Historically it can be proven that property owners’ (or ratepayers’) associations achieve far more in influencing planning decisions than Ward Committees. Every property owner has the opportunity to become a member of its association and it should be stressed in the OMSDF that this is historically the most successful avenue for public participation. It may well be that the Overstrand Conservation Foundation has a co-ordinating role to play here.”
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Local government structures and capacity … continued Pers.comm. “The Overstrand Municipal Spatial Development Framework recommends that a risk- addressed to the adverse and precautionary approach in assessing development applications be applied. iRAP team, We are not confident that the Municipality will do this. received from Mr The Overstrand Municipal Spatial Development Framework recommends the N.McCarthy, establishment of an Environmental Management Committee and compilation of a Rural chairperson of the Development Framework as a high priority. Hermanus Lagoon In over a year nothing has been done. Property Owners Association, NGOs such as ours battle to get information from the Municipality and we are never 03/12/2007 consulted about anything. It is imperative that this attitude changes as bad land use planning will have a serious negative effect on the estuary.”
Useful references The IDP document can be downloaded from the respective mun icipality websites: http://www.overstrand.gov.za http://www.overberg.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 140 Data Sheet No. 17 review Marine Protected Areas Full name Marine Protected Areas and Closed Areas in the vicinity of the Klein Estuary
Application Estuaries function as nursery areas, providing habitats that support fish and other species that have significance not only in estuarine ecosystems and food webs but also in the marine environment, through an important exchange process that takes p lace when the mouth is open. When mouth opening and closing occurs naturally, it is usually synchronised with cycles that support the nursery function of estuaries. The potential linkages between marine protected areas (MPAs) and estuaries should be cons idered in the selection of both MPAs and estuarine protected areas. The aim is to protect a range of habitats that not only accommodate a diversity of species but also takes into account the diversity of habitats associated with different stages in the li fe cycles of certain species.
MARINE Betty’s Bay Marine Protected Area: Only shore angling (and no other type of fishing) is PROTECTED allowed between beacon B1 at Stoney Point and beacon B4, to the east of Jock-se-baai, AREAS extending two nautical miles seawards from the high-water mark. De Hoop Marine Protected Area: No fishing is allowed between beacon DH1 at Still Bay Point and beacon DH2 between Rys Point and Skipskop, extending three nautical miles seawards from the high-water mark. CLOSED AREAS Mudge Point: Only shore angling and the catching of rock lobster and abalone is allowed between the western limit of the Hawston harbour and the eastern limit of the Frans Senekal Reserve, extending 100 m seawards from the high-water mark. Onrus River: Only shore angling (and no other type of fishing) is allowed inside Harderbaai north of a line drawn between the beacons at Van der Riet Hoek (OR1) and Marine Drive Point (OR2) respectively. Hermanus: Only shore angling (and no other type of fishing) is allowed between the beacons at Kraal Rock (HR1), Walker Bay, and Rietfontein (HR2), Hermanus, extending 500 m seawards from the high-water mark Dyer Island Only shore angling (and no other type of fishing) is allowed at Dyer Island, in an area extending two nautical miles seawards from the high-water mark.
KLEIN ESTUARY
Useful references Source of information on MPA sites: www.deat.gov.za, 2004 See also Data Sheet No.31 – Protection Mechanisms
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 141 Data Sheet No. 18
IDP Overberg District Municipality IDP review Full name Overberg District Municipality. Revision for a new generation of Integrated Development Plans. Revised Integrated Development Plan 2006/07. Revised by Dr Joan Prins: Manager, Overberg PIMS Centre
Application The District Integrated Development Plan aims, amongst other things, to address issues of alignment and integration between Local Municipalities within the district and with provincial and national frameworks and strategies, as well as fulfil the planning function for those competencies which reside with the District, as opposed to the Local, Municipalities. The Estuarine Management Plan can potentially inform, and be informed by, the District level IDP. In particular, there are certain projects already identified in the District IDP that have direct relevance for the Estuarine Management Plan.
Vision The Overberg Paradise at the southernmost tip of Africa A lekker region that works
Threats The following are identified as environmental threats arising from the growth in population on the Overberg coastline: Urban sprawl along the Overberg coastline and also on the lower mountain slopes along the coast; Negative impact on under-ground water resources, especially along the coastal plains; A growing demand for water from the adjacent metropolitan area threatening water sources of and water supply to the Overberg, with special reference to the Theewaterskloof Dam, the Palmiet River catchment area and the aqua-sphere below the Kogelberg Biosphere Reserve; A growing demand, in the face of poverty and deprivation, to have access to natural resources, e.g. fynbos, wildlife, etc; Human settlement threatening high-value agricultural land, especially in the Grabouw area; Over-exploitation of the marine resources as a result of poverty and the present system of allocating permits. Goals and Environmental management is seen as one of the priority building blocks for achieving strategies of economic development and, along with crime prevention, is regarded as a joint relevance to the responsibility of the district and local municipalities and a ‘non-negotiable’ pre-requisite for Klein EMP economic development. Bio-regional planning objectives are identified as the basis for sustainable environmental management (Strategy no. E1). Further strategies towards achieving the goal of economic development are, inter alia: E2 Job creation by means of the eradication and control of alien vegetation; E5 Rehabilitation of the natural and urban environment; E20 Development of national parks and nature reserves; E21 Promotion of bio-diversity conservation. The upgrading of boat slipways, inter alia, is identified as a strategy (no.B7) for the purpose of achieving high levels of service provision. Development of a District Cultural Heritage Strategy (no.M9), inter alia, is identified for the purpose of achieving human development.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 142 Overberg District Municipality IDP… continued
Relevant projects B1.3 Strategic planning, through an inter-governmental approach, i.r.o. scarce water resources, with special reference to underground sources B7.2 Upgrading of Haws ton Harbour (R90,000 budgeted, no institution identified) M5.7 Eco-Handcrafts: Job creation for women (Global funds) M6.5 Manage, monitor and gather information i r o the safe handling and disposal of solid waste (including household waste) with special reference to the impact thereof on human beings and the environment M6.8 Promotion of inter-sectoral co-operation i.r.o. environmental health M6.9 Monitor chemical pollution M6.10 Monitor the situation on all properties from an environmental health perspective M6.14 Environmental health control along the coast (R10,700 – ODM responsibility) M9.3 Development of a Cultural Atlas/Heritage Register of the Overberg E1.2 Establish partnerships in environmental management E1.5 Development of more biospheres and/or Green Corridors E1.6 Development and adoption of rural property valuation and rates policy E5.1 Rehabilitation pilot projects (ODM and Local Municipalities) E5.2 Klein River alien plant clearing project (R300,000 from PAWC Agric, R150,000 from ODM) E6.2 Investigation into the use of strategic municipal property (R250,000 – ODM) E7.2 Scoping exercise for upgrading of harbours and boat slipways (funding source to be identified – ODM responsibility) E8.3 Land audit of all agricultural properties (funding source to be identified – DLA/PAWC/ODM responsibility) E8.8 Development of rural development strategy (funding source to be identified – DLA/PAWC/ODM responsibility) E21.1 C.A.P.E. Agulhas Bio-diversity Initiative (ABI) (R11,784,775 – ABI responsibility) K3.2 Implementation and management of Inter-Governmental Relations in accordance with legislation Projects status A progress update on projects that commenced prior to the IDP review is provided on pp62-66 of the IDP. Institutional According to the IDP: capacity Overberg District Municipality is one of the smallest district municipalities in the Western Cape and is lacking in development planning capacity. It has been rated as a medium- capacity municipality. The municipality fulfils its mandate to act as co-ordinator and facilitator of the IDP planning process on a district wide level with the assistance of the Overberg PIMS Centre. Overstrand Municipality, rated as high-capacity, can be regarded as suitably capacitated to fulfil its integrated development planning function; Ward Committees have been established in all four local municipal areas [i.e. including Overstrand] and are working satisfactorily. These committees are now being utilized as the grassroots participation platform for communities. From the ward committees members are nominated to participate in the various municipal IDP advisory forums. This formalizes and enhances participation to a large extent.
Useful references Overberg District Municipality IDP, revised 2006/07 IDP Projects Approved: 2006/2007 Both documents can be downloaded from the provincial information website: http://www.capegateway.gov.za/eng/your_gov/12188/pubs/plans/2006/1358 88 Data Sheet No.19 - Overberg SDF
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 143 Data Sheet No. 19
SDF Overberg District Municipality SDF review Full name Overberg District Municipality Spatial Development Framework, 2004
Application Rough grain mapping of bioregional Spatial Planning Categories for the Overberg District is provided by the SDF. It is the intention that finer grain mapping be undertaken by local municipalities in collaboration with landowners and other IAPs. The ODM SDF proposes that an in tegrated land management system is established throughout the district. Vision As for the IDP: “Paradise at the southernmost tip of Africa - A lekker region that works.” Mission The SDF aims to “promote real sustainable development”. The preservation of the region's rural character is awarded high priority through its inclusion in the district’s mission statement. Scope of A bioregional planning approach was adopted in the preparation of the SDF. The Klein provisions River catchment is fully contained within the Overberg Bioregion but spans what is referred to as an “area of co-operation” between Overstrand and Theewaterskloof Municipalities. Facilitation of such co-operation is identified as the responsibility of the Overberg Municipality. The SDF provides a land-use classification (Plan 2 of the SDF) based on Spatial Planning Categories (SPCs) advocated in the Bioregional Planning Framework for the Western Cape, and proposes that these categories are used in the local municipality SDFs (including Overstrand). The six SPCs, and sub-categories applicable to the district, are: A Core Areas Aa Wilderness Areas Ab Other Statutory Conservation Areas B Buffer Areas Ba Public Conservation Areas Bb Private Conservation Areas Bc Ecological Corridors / Areas Bd Rehabilitation Areas C Agricultural areas Ca Extensive Agricultural Areas Cb Intensive Agricultural Areas D Urban-related areas Db Main Local Town Dc Local Town E Industrial areas F Surface infrastructure and buildings Fj Dams and Reservoirs The SDF provides comprehensive descriptions of the SPCs and sub-categories. It proposes these as non-statutory land use categories, indicating a desired zoning, which should be assigned to every land unit or entity. The aim is to facilitate decision-making i.r.o. applications for a change in land-use by providing a clear indication, in natural landscapes of the biodiversity value of the land unit, and in human-made landscapes the suitability of the proposed land use to that location. It is proposed that all of the integrated land management programmes and areas advocated in the Manual for the application of Bioregional Planning in the Western Cape are implemented in order to include privately owned land in the conservation effort, viz. Biosphere Reserves 1, a system of protected nature areas, conservancies and Special Management Areas. Key phrases/ “ It is important to recognise that SPCs can facilitate a better understanding of the nature technical details/ and quality of our landscapes and should serve as an important instrument in the standards preparation of IDPs and in environmental education. However, SPCs do not provide a quick-fix, blueprint planning type of solution which requires little judgement and thought.”
1 The Klein estuary is not encompassed in any of the proposed Biosphere Reserves. ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 144 Overberg District Municipality SDF… continued Vision statements, Key strategies and projects for the various aspects of ODM: Natural “Protected nature areas and conservation-worth natural areas are to be consolidated into environment one continuous tract of conservation land protecting natural biodiversity and providing community supporting ecosystem services.” (p171). Natural resources “Natural resources must be acknowledged and conserved as the fundamental requirements for sustainable development in the ODM.” (p179). Rural development Creating in an environmentally sustainable manner, the infrastructure and services that are essential for the development of the rural communities of the ODM. Tourism Develop tourism as a sustainable industry, supporting or enhancing marginal industries and contributing significantly to the improvement of the quality of life of all the communities of the ODM Agriculture Develop agriculture as an optimally efficient and economically viable market-directed sector representing a socio-economic 'pivot' of the ODM. Fishing Develop fishing as a sustainable economic sector utilising the available resources of the ODM.
Useful references The SDF documents can be downloaded from http://www.odm.org.za/SDF/ Manual for the application of Bioregional Planning in the Western Cape Data Sheet No.18 – Overberg IDP
SELECTED EXTRACTS FROM THE OVERBERG SDF:
1. EXTRACT FROM SDF PLAN 4: SYSTEM OF PROTECTED NATURE AREAS
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 145 2. EXTRACT FROM OVERBERG SDF PLAN 2: LAND USE CLASSIFICATION PLAN
3. EXTRACT FROM THE OVERBERG SDF (p215)
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 146
4. EXTRACT FROM THE OVERBERG SDF (p247)
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 147 EXTRACTS FROM OVERBERG SDF STRATEGIES, PROGRAMMES AND PROJECTS THAT MAY HAVE RELEVANCE FOR THE KLEIN E.M.P. STRATEGY PROGRAMMES + PROJECTS ACTION PLANS Objective: Extend statutory conservation status to at least 12% of the ODM 23.1-01 Establish protected Register additional statutory private WCNCB and SANParks must nature areas in conservation- and local authority nature reserves negotiate with relevant owners. worthy habitats Owners must rezone properties to Open Space III. Establish a network of protected To be facilitated by the ODM in nature areas throughout the ODM collaboration with the WCNCB and (refer Plan 4) SANParks 24.1-02 Consolidate Include mountain catchment areas WCNCB must facilitate statutory and de facto nature (MCAs) into conservancies, linking establishment of conservancies. areas to form extensive existing statutory conservation land Catchment Management Authority continuous tracts of (CMA) must facilitate appropriate conservation land management of MCAs in accordance with Mountain Catchment Areas Act, 1970 24.1-03 Link important Establish statutory protected areas To be facilitated by WCNCB and statutory conservation areas (linkages) on suitable privately-owned SANParks in terms of the action land plans described above. 24.1-04 Establish Establish conservancies to include all WCNCB must negotiate with relevant conservancies on conservation-worthy areas and land-owners. suitable privately owned land ecological corridors (Plan 2 and Plan WCNCB must establish conservancy 4) committees and facilitate management of conservancies Objective: Ensure long-term protection of estuaries, lakes, natural water bodies 24.1-15 Ensure effective Prepare and implement management To be facilitated by DWAF, manage-ment and conservation plans for all catchments. WCNCB, SANParks and ODM of catchments Eradicate alien plant infestations 24.1-16 Protect all estuaries Institute management plans for all To be facilitated by DWAF, and river mouths estuaries which include measures to WCNCB, SANParks and ODM improve or at least maintain the current state of the estuary (including improved pollution control, periodic flood releases to flush siltation, etc.). 24.1-17 Protect estuaries and Regulate all development in accordance To be facilitated by the ODM river mouths from with Plan 2 and strictly developmental impact apply the value system (refer to Chapter 18) in decision-making. 24.1-18 Improvement of the Undertake and sustain research To be facilitated by DWAF, WCNCB, current knowledge base particularly with regard to the distribution SANParks, ODM with assistance from and occurrence of species within estuaries, CAPE, STEP and biological processes such as fish reproduction and migration Objective: Regulate the exploitation and utilisation of all geological and mineral resources to limit ecological and aesthetic damage 24.3-01 Regulate mining in Ensure that no mining is undertaken in To be facilitated by ODM in accordance with the SPCs. SPC A and B areas. collaboration with the Department of Minerals and Energy
24.3-05 Institute programmes Regulate the manipulation of natural Department of Land Affairs, for managing indigenous and riparian and aquatic vegetation that Department of Agriculture, WCNCB alien vegetation. could influence erosion. and SANParks must ensure that developers comply with rehabilitation plans.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 148 EXTRACTS FROM OVERBERG SDF STRATEGIES, PROGRAMMES AND PROJECTS THAT MAY HAVE RELEVANCE FOR THE KLEIN E.M.P. ….. Continued
STRATEGY PROGRAMMES + PROJECTS ACTION PLANS
24.3-07 Apply appropriate Regulate grazing in accordance with To be facilitated and monitored by land-use guidelines in appropriate ecological carrying Department of Agriculture in accordance with capacity levels in SPC C areas collaboration with landowners SPCs.
24.3-08 Determine and monitor Institute integrated baseline studies, WCNCB, SANParks and ODM to erosion sites. compulsory scheduled monitoring and collaborate with research environmental auditing. departments and universities. Draft Environmental Management WCNCB, SANParks and ODM to Plans for identified areas of concern. ensure management of identified areas. Regulate coastal developments in ODM and local municipalities to accordance with the CZP principles. ensure compliance with the principles and guidelines. Objective: Regulate the exploitation and utilisation of all geological and mineral resources to limit ecological and aesthetic damage. 24.3-13 Control all forms of Impose a moratorium on mining of Department of Minerals and Energy mining sand from river-beds. must impose the applicable legislation (refer to Minerals Act, 1991 {Act 50 of 1991}). Objective: Establish viable and sustainable new irrigation schemes to facilitate sustainable agricultural development. 24.4-04 Institute effective public Institute compulsory IEM on a bioregional To be facilitated by DWAF participation of all IAPs when scale; Entrench existing rights of riparian considering major developments landowners Objective: Ensure conservation of all catchment areas within the ODM. 24.4-11 Control all alien plant Draft and apply integrated To be facilitated by DWAF, infestations in river management plans for control of alien WCNCB, SANParks and courses. plant infestations. landowners. Institute clearing projects to ensure the To be facilitated by DWAF, sustainable supply of water and to WCNCB and SANParks. increase biodiversity.
24.4-12 Control all forms of Draft and apply integrated pollution To be facilitated by DWAF in pollution in catchment management plans collaboration with the CMAs and areas. WUAs Objective: Limit flood damage to infrastructure and developed land to ‘acceptable levels’. 24.4-29 Conserve riparian and Draft and institute integrated To be facilitated by DWAF and CMAs. riverine vegetation. management plans for rivers and streams. 24.4-31 Institute proactive Draft and apply integrated contingency To be facilitated by DWAF, CMAs, measures to prevent or mitigate and action plans for floods. irrigation boards and WUAs possible Determine 1:50 year flood lines for all negative effects of natural floods rivers in the ODM Objective: Conserve the diversity of plants that are indigenous to the municipal area at species, population and community level. 24.5-06 Identify and conserve Institute research programmes to identify To be facilitated by STEP, SKEP, all known sensitive habitats. sensitive habitats. CAPE, WCNCB and SANParks. Develop and institute appropriate management plans for each sensitive habitat.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 149
EXTRACTS FROM OVERBERG SDF STRATEGIES, PROGRAMMES AND PROJECTS THAT MAY HAVE RELEVANCE FOR THE KLEIN E.M.P. ….. Continued
STRATEGY PROGRAMMES + PROJECTS ACTION PLANS Objective: Conserve the natural habitats of the indigenous animals of the region 24.6-02 Conserve all sensitive Prepare and institute management To be facilitated by DEAT and animal habitats. plans for all terrestrial and coastal Department of Marine and Coastal habitats. Management and ODM Divide coastal areas into utilisation zones to be used on a rotational basis. These zones should include the following: a) Fishing areas, b) Bait collection areas, c) Marine reserves, and d) Resting areas (periods) 24.6-04 Locate sensitive or Institute research programmes to To be facilitated by MCM, WCNCB, threatened habitats. locate and categorise sensitive or SANParks, STEP, SKEP, CAPE threatened habitats 24.6-19 Promote sustainable Institute programmes to promote To be facilitated by the WCNCB, abalone farming. abalone production and utilisation as a SANParks and Department of Marine viable option in marginal areas. and Coastal Management. Objective: Institute place-specific town planning as fundamental requirement of all urban development to safeguard the cultural, social and aesthetic qualities of the urban environment 25.3-09 Ensure sustainable Conduct an urban edge study in To be facilitated by the ODM in development of the urban edge. respect of each settlement in order to respect of each settlement. reduce development pressure of the interface of non-urban land. The study should also include the demarcation of the urban edge to analyse the informants in more detail on a cadastral level and to formulate management guidelines. Identify and analyse areas that need special attention. Formulate sustainable development objectives in respect of the urban edge. Objective: Entrench the status of the natural environment and its resources as the determining factor in sustainable agriculture 26.2-17 Conserve all natural Manage all SPC C land in accordance To be facilitated by the landowners areas on farms. with the relevant SPC guidelines in collaboration with ODM, WCNCB & SANParks Draft and apply integrated To be facilitated by the landowners management systems for natural areas in collaboration with WCNCB & within agricultural zones SANParks Objective: Regulate and utilise the potential of rezoning of agricultural land to promote comparative economic advantages of the ODM 26.2-18 Institute innovate Facilitate rezoning of agricultural land To be facilitated by the Department strategies to facilitate rezoning in accordance with the guidelines put of Agriculture in collaboration with of agricultural forward in Par. 26.2.6 2 the ODM land Objective: Prevent and mitigate the effects of possible disasters through effective development imperatives. 28.2-11 Institute measures to Apply certain standardised Land Use To be undertaken by the ODM and prevent / reduce the risk of Planning Principles in respect of risk the local municipalities disasters prevention, i.e. flood lines
2 The SDF provides guidelines, on pages 263 to 267, for the management of development applications for non- agricultural uses on agricultural land as well as change of use and subdivision ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 150 Data Sheet No. 20 IDP review Overstrand IDP 2007/08 Full name Overstrand Municipality. Integrated Development Plan 2007/8 – 2011/12
Application The Estuarine Management Plan can potentially inform, and be informed by, the Local Municipality IDP. Source Mayor’s speech on the Municipality’s website: Strategic goals Provision of municipal services Creation of a safe and healthy environment Promotion of local economic development and tourism Management and conservation of the natural environment Provision of democratic and accountable governance Challenges To enhance the economy and tourism for the sake of sustainable development so as to be able to create jobs to provide infrastructure for the future needs and inter alia to catch up with the backlog of the past and accommodate accelerating needs of the future to address severe shortages in the fields of health services and education. to address the problem of crime and the ongoing degeneration of society’s moral bases, which lead to drug and alcohol abuse with the resulting impact on women and children. Medium-term Loss of income arising from RED . Concerning the establishment of the Regional challenges Electricity Distributor (RED) project. Clarity has not yet been established on the financial impact of the RED project on municipalities. As electricity is our main source of income, this is clearly a major concern Backlog in Infrastructure. The current backlog is more than R300M. We are facing major challenges in this regard if the current influx of jobless people into our region is an ongoing phenomenon. We must acknowledge that we need more external funding and manage the impact on municipal resources Unfunded Mandates . The government is placing more and more responsibilities on municipalities which made it difficult to manage because of legislation and funding. We need to address all these issues to ensure that proper service delivery can be provided. I refer to schools, social services, libraries and security services. Nature conservation is an important aspect of our area, but the lack of funding is an impediment to the effective management thereof. 5-year plan In order to be a world class tourist destination, the following development aspects need to be addressed [inter alia]: Grotto Beach development Desalination project The Harbour project in Kleinmond The future of De Mond Caravan Park and The achievement of Blue Flag status for the other caravan parks in Onrus and the beach at Hawston Kleinmond The establishment of the LED The challenge of providing housing and Implementing Agency infrastructure
Source From the IDP document: Infrastructure Stormwater – current reality in Stanford: issues Only RDP housing area has conventional underground pipe system. In Stanford North, irrigation channels fulfil secondary storm-water drainage function. Stanford South has quarter-round surface concrete channels. The ‘leiwater’ channels discharge into the Klein River (communication from the Assistant Area Manager at Overstrand Municipality’s Stanford office). Rehabilitation of old landfill sites in progress. One of these is in close proximity to the estuary – refer 27.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 151 Overstrand IDP 2007/08 continued… Environmental Since 2004 Environmental Health Services have been the mandate of the Overberg management District Municipality. functions Overstrand Municipality has an Environmental Management Services department headed by an Environmental Specialist located within the Infrastructure and Planning directorate . The post is currently filled in an Acting capacity. According to the IDP the department is responsible for: the management of 5 local authority nature reserves, including Fernkloof the monitoring and management of 3 Blue Flag beaches servicing partnerships with Coastcare, environmental NGOs, the Agulhas Biodiversity Initiative, CapeNature and SANParks environmental education alien vegetation control monitoring borehole water usage providing advice on planning issues advising on baboon issues The Municipality provides funding for alien vegetation control to supplement the DWAF’s R4m p.a. contribution through Working for Water. Clearing is done through poverty-relief projects and by NGO groups. The Municipality supports the extension of terrestrial and marine protected areas. The IDP states their intention to continue to “transfer” conservation-worthy municipal land to agencies such as SANBI “to provide better ecological gradients promoting ecosystem integrally” (p35). “While supporting the initiatives of NGO’s and other levels of government the Municipality cannot accept a primary responsibility for conservation if other levels of Government cannot service them.” (ibid.) The IDP calls for dialogue between environmental groups and those involved in development initiatives in order to achieve better integration of environmental needs and development demands in order to arrive at outcomes that are acceptable to all sectors of the community. Enforcement Establishment of a law enforcement unit has improved the Municipality’s capacity to enforce the relevant municipal and national legislation. Its main focus is to enforce municipal by-laws and regulations and deal with complaints relating to public nuisance, illegal dumping etc. (p36) Area Management The Municipality supports an Area Management service, including an office in Stanford. The functions of the Area Management offices include, inter alia, Facilitating the public participation process Ensuring the extension, upgrading and maintenance of infrastructure Management of Caravan Parks. Sport and This functional area of the Municipality is responsible for management and maintenance Recreation of caravan parks, beaches, parks and public open spaces, inter alia. The IDP identifies the need to investigate alternative management methods for caravan parks. Local Economic The LED strategies include Development The proposed development by the Municipality during 2007 of an aquaculture sector strategies strategy including the identification of land and partnerships between large and small firms. Development of the harbours in the area by 2009, by the Municipality in collaboration with MCM, as strategy aimed at increasing the productive and recreational capacity of the current harbour infrastructure in order to stimulate economic growth. The provision of bicycle infrastructure paths, by the Municipality and Provincial Dept of Transport and EPWP (as a tourism intervention) by 2008, is proposed in order to encourage non-motorised transport, create job opportunities and to market Overstrand as a sustainable energy destination.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 152 Overstrand IDP 2007/08 continued…
Resource and “Overstrand economy is reliant on the natural resource heritage of the area. Managing asset management this in a sustainable manner based on bio-regional planning principles and objectives is key to the long-term retention of Overstrand’s competitive advantage.” (p71) The IDP identifies the need to broaden the ownership base through opportunities presented by state owned land and buildings. This involves the development of a sustainability strategy and programme aimed at conserving the resource base of the area, and the release of key municipal land to HDI partners. Pro-poor strategies These include support from Municipalities and farmers for co-operatives focusing on small scale agriculture linked to organic products. Property rates – Overstrand offers a 90% property rates rebate on agricultural land. The IDP notes that agricultural zoning this is possibly the highest rebate on agricultural land in the country (p43).
Useful references The document can be downloaded from http://www.overstrand.gov.za Data Sheet No.21 – Overstrand SDF Other data sheets relating to the Overstrand SDF: No. 15 – Heritage No. 22 – Agricultural land resources No. 23 – Growth management strategies No. 24 – Land use management in the proposed RDA No. 25 – Sewerage waste disposal services No. 26 – Water supply services No. 27 – Solid waste management services
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 153 Data Sheet No. 21 SDF Review Overstrand Municipality SDF Full name Overstrand Municipal Wide Spatial Development Framework. Volume II: Development Strategy. October 2006 – Final Draft
Application The EMP and Overstrand SDF must be aligned. Key definitions / The vision is a ‘Statement of intent’ of how the region could and should terminology function optimally. The vision for the Overstrand SDF, based on the vision of the IDP, is: “Overstrand Municipality is striving to be the most desirable destination to visit, stay and do business.” Key principles General principles: Ecological integrity, Risk aversion and precaution, Duty of care. Development principles: Land use integration (built/non-built), Efficient and integrated planning (including optimal use of existing infrastructure, compaction and densification, protection of agricultural resource base). Environmental protection principles: Ecological characteristics – facilitate development (nature and scale) consistent with the bioregional and ecological characteristics of that environment. Protect and consolidate remaining natural habitat of high conservation importance to facilitate development in less sensitive areas. Carrying capacities – restrict development within the carrying capacity limitations of the natural resources (i.e. water, grazing, etc.). Natural processes – restrict development impacting on those natural processes on which biodiversity, and the provision of essential ecological goods and services (e.g. water production, soil conservation, etc) depend. Aesthetic properties – development to accommodate the aesthetic and respect the Overstrand heritage properties of the landscape and environment. Goals and To implement an effective management system for the protection of biological diversity objectives and ecosystems through the co-operation of all concerned. Irreplaceable, threatened, highly dynamic and sensitive elements of the environment shall be protected; Implement measures to ensure co-ordination of environmental responsibilities by key role players and monitoring of usage in sensitive areas. To develop and maintain a strong, local economic base in rural areas , through the promotion of non-consumptive tourism and the role of agriculture in the municipal economy. Objectives include : Develop appropriate tourism strategy based on natural and heritage resources of the rural areas; Investigate opportunities and requirements for incorporating agricultural activities into the tourism strategy for the area. To promote the conservation and sustainable use of the natural resources in the Overstrand municipal area. Objectives include : To protect, conserve, and restore where appropriate, all areas deemed to be conservation worthy; To limit and control development within environmentally sensitive and/or conservation worth areas so as to ensure their sustainability taking into account effects on biodiversity To ensure that ongoing development pressure and its spatial implications are managed in a sustainable manner that protects the unique character of the existing cultural landscape and the place-specific character and form of the existing settlement patter. Objectives include: compact well-defined settlements, clear definition of the urban edge; Retain and strengthen the unique identity of the area; Conserve and improve the visual quality of the landscape and the scenic route experience of the primary movement corridors.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 154 Review Overstrand Municipality SDF… continued Key phrases/ The broad land use model, for the purpose of standardising and clarifying terminology, is technical details/ illustrated in Figure 8 of the SDF as follows standards
Rural development area (RDA) is defined as: “The area where the character of land use development is indicative of a trend toward non-agricultural use and smaller sub-divisions. The demarcation of RDAs is identified as a strategy in the SDF to ensure that non- agricultural development outside urban areas is managed and promoted in a sustainable manner. In terms of the definition provided in the SDF, a rural development area may also include a settlement. Uses within an RDA could include: rural holdings / residential estates refuse dumps extensive residential properties utility infrastructure / facilities i.e. bulk service infrastructure cemetery, sports field, air field resorts and tourism development agri-industries mining school Rural edge is defined as a “demarcated line and interrelated policy which serves to manage, direct and control the outer limits of a rural development area (RDA)”. Spatial Planning Chapter 4 of the SDF provides overarching policies and strategies for the application of a Categories Bioregional Planning approach. The proposed Spatial Planning Categories (SPCs) are: Conservation I Core Agriculture Conservation II Agricultural settlements Conservation - Agriculture buffer Core Urban A description, basis for classification, preferred uses, policy guidelines and strategies, are provided for each of the SPCs on pages 23-36 of the SDF. The SPCs are demarcated on Plan 8 (Refer Figure 1). Land Use Policies A discussion of key issues, objectives, policies, guidelines and strategies are provided in and Guidelines Chapter 5 for each of the following aspects of land use management: Agriculture (including agri-villages and Urban agri-industries) Transportation and traffic Rural (incl. rural residential and tourism) Bulk services infrastructure Nodal approach to development Heritage and landscape conservation Spatial Strategies having direct relevance for the Klein EMP are: development All public owned land that is of high conservation importance is to be included in a formal strategies and municipal reserve network. The mechanism being to establish contract nature reserves guidelines negotiated in conjunction with the WCNCB conservation stewardship programme, providing legally binding guidelines for land-use. Demarcate Rural Development Areas (RDAs) to ensure than non-agricultural development outside urban areas is managed and promoted in a sustainable manner. Eco-tourism development should be strictly limited within designated nodes/clusters, i.e. linear development along rivers, for example, should be prevented (p62).
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 155 Review Overstrand Municipality SDF… continued Spatial proposals Spatial proposals, including a defined urban edge, are presented for Greater Hermanus (pp149-156, Plan 14) and Stanford (pp157-163, Plan 15). 3 The Klein estuary and surrounding lands are identified as a corridor and the subject for future detailed planning as a Rural Development Area (pp193-194, Plan 21) (Refer Data Sheet No.24). One of the primary spatial informants of the spatial planning concept is the identification of intensive agricultural resource areas, one of which impacts on the Klein EMP study area.
References The document can be downloaded from http://www.overstrand.gov.za Specific aspects of the SDF are presented in the following data sheets: No.26 Water services No.24 Municipal policy on land use management in the proposed Rural Development Area No.23 Growth Management Strategies No.15 Landscape No.25 Sewerage No.22 Municipal policy for agricultural land resources
Figure 1 Extract from PLAN 8: OVERSTRAND MUNICIPALITY SPATIAL DEVELOPMENT FRAMEWORK showing the application of Spatial Planning Categories in the study area
3 The Municipality and Provincial Department of Environmental Affairs and Development Planning are currently engaged in discussion around the Urban Edge for Stanford. This is one of the items that may be revised before the SDF is approved by the Provincial Government. ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 156 Data Sheet No. 22
SDF Municipal policy for agricultural land resources review Full name Overstrand Municipal Wide Spatial Development Framework. Volume II: Development Strategy. October 2006 – Final Draft
Application The agricultural lands abutting the Klein Estuary are classified as high primary production areas. The SDF recommends that special provisions are made for such areas, including land use management guidelines aimed at: Protecting the top soils Preventing undesirable subdivisions Restricting non-agricultural land uses Introducing measures to promote optimal use of agricultural land and available water resources.
Agricultural soils and production potential. After Figure 11, Overstrand SDF. The Relative Primary Production Potential of the land in the study area is 3100-6200. The SDF includes policy statements that support the protection of prime and unique agricultural land and resistance to subdivision (P5.1 and P5.2, p49). It provides guidelines for the subdivision of agricultural land (only where a soil report supports the agricultural sustainability of subdivided portions) and for the placement of non-agricultural uses in high agricultural production areas (p46). The Rural Land Use Policy provides further guidelines to inform the location and intensity of use for resorts, guest farms and B&Bs, residential estates, inter alia. It establishes the policy (P8.2, p55) that Rural Residential land use should only be permitted on land that is classified as having low production potential. Incentives Overstrand offers a 90% property rates rebate on agricultural land. The IDP notes that this is possibly the highest rebate on agricultural land in the country (Overstrand IDP 2007/08, p43).
Useful references The SDF document can be downloaded from http://www.overstrand.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 157 Data Sheet No. 23
SDF Municipal Growth Management Strategies review Full name Overstrand Municipality SDF, 2006 Application One of the functions of an SDF is to identify the areas to which future growth and devel opment will be directed, and the measures that will be employed to support that. Key principles The principles underlying the Overstrand spatial planning concept are: a clear hierarchy of nodes and settlements containment compaction and densification ecological integrity agricultural enhancement land use diversification The intentions relating to “ecological integrity” are described as follows: “The diversity, health and productivity of natural eco-systems, throughout the rural, urban and agricultural areas should be maintained through an interlinked web of natural spaces and the protection of important and sensitive habitats”. This is to be achieved through the protection of priority areas, the integration of river systems, coastline, mountain ranges, protected areas and conservancies into the regional open space system. Growth and development is to be directed to areas with the highest potential and physical capacity to accommodate long term sustainable growth. Rural development initiatives are to be make use of the unique comparative advantages of existing rural settlements, and scenic routes are to be protected from undesirable land use and development in order to conserve natural and cultural landscapes. Scope of The riverine areas, including the Klein, are identified in the SDF as natural corridors. provisions The corridor defined by the Klein River contains areas of sensitive vegetation. The Klein River Valley around Stanford is identified as an intensive agricultural resource area. Potential for growth in the greater Hermanus area has been identified to the west, in the Fisherhaven / Hawston area. Growth within Hermanus would have to be accommodated through densification of the existing urban area. Limited growth has been provided for in Stanford. The recommendations for growth management in Stanford provide that the riverine environment of the Klein River and its tributary should be protected from the impacts of urban development (p162) The Municipality must identify and actively facilitate key catalyst projects for economic development in the areas with the highest growth potential to sustain economic growth and provide employment. Nodes and settlement areas: The strategy requires that no new nodes or settlement areas should be permitted. In the vicinity of the Klein River, Greater Hermanus is classified as a regional (first order) node, Stanford as a local (3 rd order) node. (4 th order nodes are rural). Policy no.17.5 states that, “Non-agricultural land uses or agricultural land uses that are not soil-based which can be accommodated on smaller properties, or for which their location within any existing node or settlement is regarded as undesirable, should be directed to Rural Development Areas (RDA).” Further information on land use in the proposed Klein River RDA is described in Data Sheet No.24. The comparative advantages of Greater Hermanus, based on it main function as an Administrative centre and Tourism, relate to its Government offices, Harbour, Local authority decision making centre, Tourism destination and Historic precinct. Stanford, with its main functions as Rural village, Tourism centre and Poultry, has the comparative advantages of a Tourism destination, Historic precinct, Country town character, Natural setting, Tourism accommodation and Brewery (tourist attraction).
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 158 Growth management strategies … continued
Urban edge The demarcation and application of an urban edge, as a clearly demarcated line forming a boundary between urban developments and rural/agricultural areas is introduced, for the purpose of protecting valuable agricultural land as well as natural and cultural resources, and “will serve to establish a limit beyond which urban development will not be permitted.” This is given effect in Policy statement No.P18.1, “To contain and manage urban sprawl and to improve urban efficiencies, urban development should be contained within the defined urban edge for the duration of the policy period (2005-2015).” In describing the local growth management strategy for Greater Hermanus and Stanford, the SDF (pp150,158) states that any future adjustments to the urban edge must be done in accordance with the Provincial Urban Edge Guidelines. The urban edges for Hermanus and Stanford are demarcated in the SDF maps. The basis on which these were defined is described in Section 5 on pp 73-74. Identification of The General Guidelines for land identification, required in order to respond to housing land for housing demand, are: and industrial Subsidised housing should not be developed on slopes steeper than 1:4 development No development should be permitted below the 1:50 year flood line Avoid environmentally sensitive areas. The Guidelines for industrial development promotes growth within the urban edges of towns and avoiding locations in close proximity to existing ecological corridors. Stanford is identified as an area where industrial development should be limited to service and clean light industries in order to protect the character of the node.
Useful references The full document can be downloaded from http://www.overstrand.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 159 Data Sheet No. 24 SDF Municipal policy on land use management in review the proposed Rural Development Area Source Overstrand Municipal Wide Spatial Devel opment Framework. Volume II: Development Strategy. October 2006 – Final Draft Strategy One of the Spatial Development Strategies identified in the SDF is to “Demarcate Rural Development Areas (RDAs) to ensure that non-agricultural development outside urban areas is managed and promoted in a sustainable manner.” The Klein River Lagoon, Stanford / Wortelgat Area is identified in the SDF as a proposed Rural Development Area (RDA). This has implications for land use management, which are summarised here. Definition A Rural Development Area is defined in the SDF (p20) as “The area where the character of land use development is indicative of a trend toward non-agricultural use and smaller sub-divisions. A rural development area may also include a settlement.” Appropriate rural development is considered critical to the local and sub-regional economy. The following are identified as the reasons for prioritising this area for compilation of a Rural Development Framework: Scenic qualities, biophysical significance and recreational opportunities – important contribution to tourism Natural beauty and proximity to high population densities – increasing development pressure. Management issues requiring attention / “careful analysis and assessment before land use proposals and management policies are compiled”, are listed in the SDF as follows: existing developments inappropriate development and its visual access and traffic issues along the R43 impact alien vegetation control underdeveloped municipal land poor management of the estuary and lack of subdivision policies and catchment development controls use of the lagoon and river lack of services and the impact of expansion of the Vogelgat and Fernkloof sewerage on ground water and the lagoon nature areas etcetera
FIGURE 20 from the SDF: Proposed Rural Development Area (RDA): Klein River, Stanford/Wortelgat Area
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 160 Municipal policy on land use management in the proposed Rural Development Area … continued
Section 5.4.4 of the SDF provides Guidelines on the range of land uses that could be permitted within an RDA as follows (p69): agri-villages, agri-holdings, agri-estates, agri-industries tourist facilities including restaurants, gift shops, farm stalls tourist accommodation including guest houses, hotel and bed and breakfast bulk services
residential estates.
The definition of RDA in Section 3 of the SDF includes, in addition, the following: extensive residential properties, resorts, mining, refuse dumps, school, utility infrastructure / facilities i.e. cemetery, sports field, air field. Policy no.17.5 states that, “Non-agricultural land uses or agricultural land uses that are not soil-based which can be accommodated on smaller properties, or for which their location within any existing node or settlement is regarded as undesirable, should be directed to Rural Development Areas (RDA).”
Policy no. 17.6 states that, “Special land use management guidelines and regulations should be compiled for RDAs to protect the environment, rural character and agricultural development potential.” A detailed, local level framework plan should be compiled for each RDA to “ensure that pressure for mixed use and non-residential development in designated RDAs are managed to the advantage of the environment, rural character and agricultural development potential of the area.” Comments “Clarification needed on the list of permitted land uses potentially in conflict with environmental sensitivity of the area….. Until more detailed plan is prepared, use Overberg Regional Services Council Structure Plan guidelines for the assessment of development applications” (Job, 2007, citing “Comments on the Overstrand SDF from the Kleinriviersvlei Conservation Trust to the municipality (dated 25 January 2006)”)
Useful references Data sheet No.14 Scheme regulations The SDF document can be downloaded from http://www.overstrand.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 161 Data Sheet No. 25
SDF Municipal sewerage disposal services review Full name Overstrand Municipal Wide Spatial Development Framework. Volume II: Development Strategy. October 2006 – Final Draft
The status quo Many areas in the Overstrand still make use of septic tanks which, at urban densities, represents a potential pollution hazard. As an interim measure, conservancy tanks and ‘honeysucker’ transportation to central treatment works has been introduced but is not viewed as a long-term sustainable solution. Policy objectives The Municipality has accordingly adopted a policy to provide “sustainable sanitation solutions for all areas within the Overstrand within five years” and “protect and sustain aquifers and prevent pollution of all water resources”. Strategies Implementation of a full sewerage scheme for Stanford is identified in the SDF as a matter of extreme urgency. The SDF calls for an investigation into the upgrading of the sewage treatment works for Greater Hermanus as the works is reaching its capacity (Section 7.7 p154). In addition, the water-borne sewerage for currently unserviced areas of Hermanus is to be planned and implemented. Implications for the The upgrading and/or introduction of water-borne sewerage systems will focus on the estuary study area areas within the urban nodes. Activities within the Klein River estuary study area will therefore continue to rely on on-site disposal (septic tanks) or storage and removal systems (conservancy tanks and tanker transportation). Factors for Siting of on-site disposal systems relative to the river, and the potential for nutrient-rich consideration or inadequately treated effluent to enter the system; Siting of on-site disposal systems or storage tanks relative to the flood plain and the potential for contamination during flooding events; The capacity of the systems relative to demand patterns and the potential for overloading whether on a consistent or a periodic basis; The viability of extending the water-borne sewer network to service certain areas of the Klein River Rural Development Area; The impact of all of the above in the consideration of applications for development within the study area.
Useful references The SDF documents can be downloaded from http://www.overstrand.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 162 Data Sheet No. 26
Infrastr Municipal water supply services review Full name Overstrand SDF 2006, Overberg SDF 2004
Application Water is regarded as the most crit ical natural resource in the Overberg district (Overberg SDF, p184). The status quo The Overstrand falls within the Breede Water Management area although it is not within the catchment of the Breede River itself. Greater Hermanus and Stanford are identified in the Overstrand SDF as distinct and independent water services regions. Stanford’s water is sourced from a spring and reticulated, untreated, to customers. This is considered to be one of Stanford’s conservation-worthy assets (Cllr Walters). The resource limits have not been determined. According to the Overberg SDF, Stanford has poor surface water and rich underground sources but “they cannot source more water from the Kleinerivier system without ecological danger to the marsh systems and the lagoon” (citing the Overberg IDP, 2002). Policy objectives The Overstrand Municipality has adopted a policy to provide “sustainable water supply solutions for all areas within the Overstrand within five years”, “protect and sustain aquifers and prevent pollution of all water resources” and “To avoid as far as possible the disposal of effluent to rivers or to the sea as this represents the discarding of a valuable asset”. Strategies The Overstrand SDF identifies the need to urgently investigate and determine the limits of ground water and other water resources. The identification of new sources of water for Stanford is earmarked as a priority project for implementation. The Municipality has advertised for a Consultant for an Overstrand Groundwater Development and Management Programme (Tender No. Sc161/ 2007, closing date 24 August 2007).
Useful references The documents can be downloaded from the respective municipal websites: http://www.overberg.gov.za http://www.overstrand.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 163 Data Sheet No. 27
Infrastr Municipal solid waste management services review Full name Overstrand Municipality Solid Waste Department
Status The Overstrand Municipality’s Solid Waste Department has a well designed and informative website that promotes the principles of integrated waste management, waste minimisation and environmental responsibility. Following the closure of the old disposal sites at Hermanus and Kleinmond in 2001, the region received the Cleanest Town Award from DEAT in 2003/4 and 2004/5. Of the 23 beaches that were awarded Blue Flag status in South Africa in 2006/7, three are the Overstrand region. The new system of integrated waste management involves: collection, street sweeping and emptying of public litter bins the provision of public drop-off facilities which include large transfer stations in Hermanus & Kleinmond, and smaller public drop off facilities for garden and bush waste only. There is a recycling centre at the Hermanus Transfer Station and bottle banks & paper igloos in various locations. Waste is hauled by road from the transfer stations to landfill sites at Karwyderskraal (a regional facility in the Botrivier valley) and Gansbaai. There is a compost manufacturing operation at Karwyderskraal. The old Hermanus dump site is the subject of a tender (Data Sheet No.6) for the development of an open-air restaurant. It is located on the northern bank of the estuary, fairly close to the shoreline. The site was used for garden refuse and it appears that the required procedures for officially closing the site have not yet been complied with.
Useful references The website can be located via the municipal website http://www.overstrand.gov.za
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 164 Data Sheet No. 28
IDP Water Services Development Plan (WSDP) review Full name Overberg District Municipality Water Services Development Plan (2003). Volume 4 : Overstrand Municipality
Application The WSDP is a “5-year road map” for water and sanitation in the Municipality. It identifies projects for inclusion in the IDP. A more recent WSDP is referred to in the Overberg District IDP as “completed and approved but revision is needed and is receiving attention” (p62). Key definitions / A WSDP is prepared to give information for current and future planning to local and terminology national authorities. It further acts as a regulating and monitoring device to ensure efficient water and sanitation services to appropriate standards. Key principles Basic water and sanitation services to each end every household; Continuity of water supply for community health and to attract industrial development (items considered include adequate supply sources, infrastructure, peak capacity, storage capacities and maintenance); Improved water quality to ensure community health and to attract tourism (evaluation of raw water, treatment and disinfection methods); Rehabilitation of ageing infrastructure in order to ensure the long term sustainability of the service; Monitoring and control of water loss as laid down in National policies; Adequate pressure to all consumers. Scope of Consumer profile - present and future (info from IDP/GOP) (No. of consumers by provisions category, income distribution, annual economic growth rate); Service levels (info from IDP/GOP) (coverage of water and sanitation services, number consumer units inadequately serviced); Goals for future service levels (within affordability levels); Public health programme (for users of basic sanitation service); Quality of service (quality of water to SABS standards, response time to queries and complaints); Water sources and quality (yields, management, monitoring, planning for future development); Water and Sanitation Infrastructure (present and future extensions and upgrading); Demand Management (tariff structures, leak detection, water conservation by-laws, etc); Institutional and management; Financial implications of required works/projects (affordability). Key phrases/ “Present water sources for Greater Hermanus is sufficient until about 2008. The various technical details/ studies to enable final decisions on and the timeous development of additional water standards sources should be continued with over the next two financial years. “The present water demand of Stanford appears to be at the yield of the Stanford spring (summer periods). This source should be quantified for summer use and a planning study to supplement the source should be carried out.
Useful references Afri-Coast Engineers SA (Pty) Ltd – authors of the WSDP Executive Summary of the WSDP can be downloaded from www.dwaf.gov.za/dir_ws/WSDP/docs/WSDP/WC/Overstrand_ExecSum.pdf
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 165 Data Sheet No. 29
Project Overstrand MARINES review Full name Management Action for Resources of the Inshore and Nearshore Environments Application Co-ordinated by Overstrand Municipality, supported by DEAT and WWF-SA. Geographic area – 2 50 km coastline between Rooi Els and Rietfontein (near Cape Agulhas). Targets poaching of abalone and rock lobster.
“The Overstrand Municipality, through enabling and supporting innovation, is becoming a leader in sustainable development practice in the Cape Floristic Region”.
Background Pilot project started in 2003 employing 5 people in the Kleinmond area. Funding DEAT, WWF-SA. Contractors are managed by the Human Resources Department of the Overstrand Municipality Activities Poverty relief project providing employment to more than 70 people at 5 different bases. 24-hour 7-days/week central operations room in Hermanus receives reports and gives out information. Coastal patrols on foot, in vehicles and by boat. Enforcement of conservation regulations, data gathering, animal rescue service, education and awareness raising. Training provides opportunities for people to develop a range of skills and to progress to more responsible positions. In September 2005, in the Overstrand area, the MARINES: confiscated 14,221 abalone intercepted and removed 685 divers from the water instituted 135 legal cases against poachers. Related projects / Sustainable Harvesting Assuring Revenue and Employment (SHARE) – will allow plans contractors to harvest limited amounts of an indigenous medicinal plant in the Kleinmond Nature Reserve to supply a local pharmaceutical firm. Poverty Alleviation through Long-term Management of Inshore Environments for Tourism (PALMIET) project is appointing contractors to manage and maintain access control points along the coast like slipways, picnic sites, Blue Flag beaches and tourist sites, in return for 75% of gate takings.
Useful references Information sourced from Ashwell, A., Sandwith, T., Barnett, M., Parker, A. & Wisani, F. 200 6. Fynbos Fynmense: people making biodiversity work. SANBI Biodiversity Series 4. South African National Biodiversity Institute, Pretoria.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 166 Data Sheet No. 30 Legislation Proclamation 357 issued in terms of the Nature review Conservation Ordinance Full name Regulations for the control of inland waters published under Proclamation 357 of 28 September 1972 Application The proclamation includes provisions relating to all tidal waters as well as specific provisi ons for particular rivers, including the Klein. The zones and associated guidelines established in the proclamation are summarised here.
Bridge at Stanford (“Stanford Drif”)
ONLY RIPARIAN LAND OWNERS WHO ARE 16 F PERMIT-HOLDERS MAY USE ENGINE PROPELLED BOATS
BIRD SANCTUARY ONLY PERMIT-HOLDERS MAY USE ENGINE- 16 E PROPELLED BOATS TO PASS THROUGH. MAX SPEED 10km/h
WATER SPORTS ALLOWED
ONLY PERMIT HOLDERS MAY USE 16 D CRAFT PROPELLED BY WATER JET ON INLAND WATERS (Proclamation 373 of 30 November 1981)
NO WATER SPORTS BETWEEN 16h00 and 10h00 16 C NO FYKE-NETS nor BAIT TREK-NETS
ANGLING ZONE NO WATER SPORTS 16 B NO FYKE -NETS NOR BAIT TREK -NETS NO BOATS NOR ANY ENGINE-PROPELLED CRAFT 16 A NO FYKE-NETS NOR BAIT TREK-NETS Sea-ward side of estuary mouth
Useful references The Overstrand Municipality issues a brochure which includes these regulations and provides corresponding and recognisable landmarks, including buoys, so that users can orientate themselves on site.
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 167 Data Sheet No. 31 Legislation Potential vehicles for protection of estuarine review environments
Application This data sheet provides background material for the assessment on the protection of the Klein River estuary. Protected Areas Establishes a system of protected areas in South Africa consisting of the following kinds of Act, Act No.57 of protected areas (s9): 2003 and its (a) special nature reserves, national parks, nature reserves (including amendment wilderness areas) and protected environments; (b) world heritage sites; (c) marine protected areas; (d) specially protected forest areas, forest nature reserves and forest wilderness areas declared in terms of the National Forests Act, 1998 (Act No. 84 of 1998); and (e) mountain catchment areas declared in terms of the Mountain Catchment Areas Act, 1970 (Act No. 63 of 1970). Whilst the Act provides an integrating framework for all of these protected areas, including those that are dealt with through other legislation (such as marine protected areas and forests), it provides details for management only of those categories of protected areas that are not addressed in other legislation, i.e. National Parks, Nature Reserves, Special Nature Reserves, Wilderness Areas and Protected Environments. Management, Privately owned land can be designated as a protected area with the agreement of the co-management, owner and the Minister/MEC. Co-management arrangements are provided for. co-operative Requires that the assigned management authority makes decisions about land use governance within the protected area in terms of a management plan. Municipalities are required to co-operate with PA management authorities and provide input to ensure that the management plans for protected areas located within the Municipality are consistent with the municipality’s IDP, SDF and municipal by-laws. Marine and terrestrial protected areas with common boundaries must be managed as an integrated protected area by a single management authority. Criteria for a nature The conditions which support the declaration of a nature reserve are defined in the Act as: reserve for protection where the area » has significant natural features or biodiversity; is of scientific, cultural, historical or archaeological interest; or is in need of long-term protection for the maintenance of its biodiversity or for the provision of environmental goods and services; to provide for a sustainable flow of natural products and services to meet the needs of a local community; to enable the continuation of such traditional consumptive uses as are sustainable; or to provide for nature-based recreation and tourism opportunities. Criteria for Establishment of a Protected Environment does not constitute a change in land use. protected The conditions whic h support the declaration of a protected environment are defined in the environment Act as: to regulate the area as a buffer zone for the protection of a special nature reserve, world heritage site or nature reserve; to enable owners of land to take collective action to conserve biodiversity on their land and to seek legal recognition therefor; to protect the area if the area is sensitive to development due to its - » biological diversity; natural characteristics; scientific, cultural, historical, archaeological or geological value; scenic and landscape value; or provision of environmental goods and services; to protect a specific ecosystem outside of a special nature reserve, world heritage site or nature reserve; to ensure that the use of natural resources in the area is sustainable; or to control change in land use in the area if the area is earmarked for declaration as, or inclusion in, a nature reserve.
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Potential vehicles for protection of estuarine environments … continued
Marine Protected Makes provision for the Minister of Environmental Affairs and Tourism to declare marine Areas: CHAPTER protected areas for the purpose of (43.1): 4 of the Marine protection of fauna and flora or a particular species of fauna or flora and the physical Living Resources features on which they depend; Act, Act No.18 of facilitate fishery management by protecting spawning stock, allowing stock recovery, 1998 enhancing stock abundance in adjacent areas, and providing pristine communities for research; or to diminish any conflict that may arise from competing uses in that area. Describes activities that require a permit (43.2): fishing; taking or destroying any other fauna and flora; dredging, extracting sand or gravel, discharge or depositing waste or any other polluting matter, or in any way disturbing, altering or destroying the natural environment; constructing or erecting any building or other structure on or over any land or water within the area; any activity which may adversely impact on the ecosystems of that area. Permits are restricted to activities that are required for the proper management of the marine protected area and must be issued in writing by the Minister.
Threatened or The purpose of the NEM: Biodiversity Act (2004) is to provide for, inter alia, “the protection protected of species and ecosystems that warrant national protection”. This is addressed in Chapter ecosystems 4 where a process is described as follows: CHAPTER 4 of The MEC may publish, in the Gazette, a list of ecosystems in the Province that are NEM: threatened or have high conservation value; Biodiversity Act, Act No.10 of 2004 Listed ecosystems are thereby established as areas contemplated in terms of NEMA (1998) 24(2)(b) wherein geographical areas may be identified, within in which specified activities may not be commenced without prior authorisation (i.e. authorised through the EIA process); The Minister may publish a list of activities or processes that are regarded as threatening processes (as per EIA Regulations R386 and R387, 2006); The need for protection of such listed ecosystems must then be taken into account in any planning undertaken for that area by any organ of state, including municipal IDPs and SDFs. Protection of The purpose of the National Water Act (1998) is to provide for, inter alia, the protection, water resources use, development, conservative use, management and control of water resources so that, CHAPTER 3 of amongst other things, aquatic and associated ecosystems and their biological diversity are National Water protected and pollution is reduced and prevented. Estuaries are included in the definition Act, Act No.36 of of ‘water resource’. 1998 Mechanisms for achieving this are addressed in Chapter 3 where a process is described as follows: The Minister (DWAF) must develop a system for classifying water resources and for each class, establish procedures for determining the Reserve, for satisfying water users’ water quality requirements, and identify activities that must be regulated or prohibited to protect the resource. The system must then be applied to “all or part of water resources considered to be significant”. Determination of the Reserve must take into account two components: the basic human needs reserve and the ecological reserve. The responsibility for the prevention of pollution of water resources lies with the owners of the land from where the source of pollution emanates. If an owner fails to take the necessary steps to prevent or remedy the effects of pollution, the catchment management agency may recover the costs of doing so from the land owner (polluter pays principle).
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Potential vehicles for protection of estuarine environments … continued
C.A.P.E. A programme initiated by C.A.P.E. in 2002 to enable conservation of threatened Stewardship ecosystems, and the establishment of biodiversity corridors, on privately owned land. Conservation Three options are available. The choice of stewardship category depends on the programme biodiversity value of the site and the land use limitations to which the land owner is willing to agree. Each successive level of stewardship agreement benefits from additional incentives such as increased conservation management support. Stewardship categories available through the C.A.P.E. programme (source: Ashwell et al, 2006)
Possible land use Option Where applicable restrictions Benefits to the landowner
Critically important and No development or land Substantial assistance threatened sites use rights will be with habitat management Priority areas adjacent to permitted in the protected Increased recognition and CONTRACT statutory reserves or area marketing exposure NATURE sufficiently large to be Access and residence Lobbying on your behalf RESERVE self-contained rights will not be restricted by conservation agencies ecosystems Owners retain title, but for incentives (e.g. tax restrictions are lodged on relief) the title deed
Any conservation-worthy Land must be managed to Specific agreements for land, especially wetlands conserve biodiversity and fire, alien, plant and and water catchments support natural processes animal management BIODIVERSITY Includes small and No development is Assistance with AGREEMENT isolated fragments permitted in the protected management plans area Advanced extension services (e.g. alien clearing planning)
Any natural land Very few, but the area Advice and support Not a good option if the needs to retain its natural through basic extension land has rare or character, and the land services endangered habitats or is owner needs to co- Assistance with farm CONSERVATION operate with conservation SITE (Entry level) an important ecosystem, maps unless this designation is authorities and any part of a plan to progress relevant legislation to higher conservation security
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 170 Data Sheet No. 32
Legislation Public Participation review
Application Public participation is the involvement of all parties who may have an interest in a project or process, or be affected by it, now or in the future. It may include education, the exchange of information, consultation or direct involvement in aspects of decision-making. Principles Public participation should demonstrate: Meaningful and timeous engagement; Focus on important issues; Consideration of alternatives in terms of development location, style and scale or to a lesser extent in terms of strategies and actions; Accountability for decision-making; Inclusivity; Encouragement of co-regulation, shared responsibility and a sense of ownership; and Opportunities for dispute resolution. The Constitution South Africa’s Constitution in its preamble establishes that South Africa shall be “a democratic and open society in which government is based on the will of the people….” NEMA National Environmental Management Act (1998): Principles - Chapter 1 Principles relevant to public participation include: 4(f) The participation of all interested and affected parties in environmental governance must be promoted, and all people must have the opportunity to develop the understanding, skills and capacity necessary for achieving equitable and effective participation, and participation by vulnerable and disadvantaged persons must be ensured. -(g) Decisions must take into account the interests, needs and values of all interested and affected parties, and this includes recognizing all forms of knowledge, including traditional and ordinary knowledge. -(h) Community wellbeing and empowerment must be promoted through environmental education, the raising of environmental awareness, the sharing of knowledge and experience and other appropriate means. -(o) 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. Integrated Environmental Management (Chapter 5) Objectives for IEM include: 23(2) (d) ensure adequate and appropriate opportunity for public participation in decisions that may affect the environment. NEM: ICM Bill Section 34. Estuarine management plans (1) Any person who develops an estuarine management plan for an estuary must – (a) follow a public participation process in accordance with Part 5 of Chapter 6 (see ICM Bill Data Sheet No.11); Municipal Systems Integrated development planning processes must make provision for: Act (2000) The local community to be regularly consulted on its development needs and priorities; The local community to participate in the drafting, implementation, monitoring and review of the municipal IDP Organs of state, including traditional authorities and other role players to be identified and consulted on the drafting of the IDP, and to be part of the implementation process. Generic EMP Chapter 4 advises on institutional arrangements for the EMP which directs engagement with interested and affected parties through the channel of an Estuarine Forum, for a wider participatory approach, and the setting up of a Technical Working Group of experts to participate in the development of the EMP.
Useful references
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 171 Data Sheet No. 33
Literature Recreational carrying capacity review Full name A brief literature review on current thinking around the concept of recreational carrying capacity
Application Estuarine-based recreational activities, particularly relating to boating, are a cause of concern relating to destruction, fragmentation or modification of estuarine habitats and/or ecosystems, reduction in biological productivity and a factor in artificial mouth breaching (C.A.P.E. E stuaries Programme Generic EMP , 2007). The C.A.P.E. Estuaries Guideline 4, Preliminary zoning of human use of CAPE Estuaries, based on sensitivity mapping and carrying capacity , promotes the calculation of physical carrying capacity as a component of the formulation of an Estuarine Zoning Plan. The recreational carrying capacity of the Klein Estuary was investigated in the Structure Plan for the Kleinriviersvlei and Klein River (Dennis Moss Partnership, 1993). International In SAIL News (Winter 2004), Alice Strong notes that recreational carrying capacity as a literature tool for management had been in use for many years but never in an estuary setting. The article reports the intention to determine the relationship between recreational use and estuary health, and determine what levels of use are acceptable both socially and environmentally, at the Medway Swale Estuary on the North Sea Coast of Britain. Mathematical equations aimed at calculating the limits of levels of human use that do not damage the resource or recreation experience, such as Pickerings Principle and Stankey’s Bulgarian Equation, were being criticised as far back as the 1970s, when they were introduced, for being reductionist, relying heavily on quantification when some of the elements involved are difficult to quantify objectively (Bosselman, 1978). Hammit and Cole (1987) noted that determination of recreational carrying capacity is “neither simple nor particularly useful” (p18) and that carrying capacity is a concept borrowed from cattle ranging and wildlife management in the USA. In recreational conditions, the amount of use and impact is not a direct relationship as these are affected by timing, type and distribution of use, the particular setting where use occurs and mitigative actions taken by management. The key to management, according to the authors, is specifying management objectives and monitoring conditions – accepting natural variations but setting limits of acceptable change arising from human impacts (direct and indirect). In Carrying capacity – it's time to let it go , McArthur proposes that carrying capacity is appealing for its simplicity but this is the very reason why it is fundamentally flawed when applied to human beings. He describes it as “a blunt instrument” that is not designed to accommodate consideration of the variables that impact monitoring has proven – that environmental resilience ebbs and flows with factors such as seasonality, intensity of use and recovery periods between use, and that the variables of human behaviour generate variable impacts. McArthur cites the Kromme River study (reviewed hereafter) as one of the examples in site design and development where the emphasis has been on physical capacity which has been full of assumptions and inconsistencies. McArthur concludes with the following advice: “Carrying capacity is the lazy man's answer to visitor management, just like fences and regulations! Sophisticated models that incorporate feedback (monitoring) and adaptive management are more accountable and socially just. “Models such as the Limits of Acceptable Change, Tourism Optimisation Management Model and Visitor Experience and Recreation Program can be set up as small scale models that can be progressively expanded as their value is proven. The challenge is to acknowledge that the complexity of visitor management requires an integrated and long term approach.”
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Recreational carrying capacity … continued
South African case Sowman and Fuggle (1986) wrote up a case study on the recreational study carrying capacity investigation that was conducted in 1985/1986 by the Environmental Evaluation Unit of UCT on behalf of the Local Authority. It was initiated following a proposal to develop facilities for commercial fishing boats in the Kromme River estuary, north of the prestigious St Francis Bay marina. The journal article records the process that was followed as well as the findings and limitations. It notes that there is no standard procedure for assessing recreational carrying capacity in the literature but that four categories of carrying capacity have been identified: physical, ecological, social and economic. The Kromme investigation did not address the latter. Physical carrying capacity refers to the water surface area in relation to the space requirements of different boating activities and takes into account safety aspects as well as related shore facilities (parking, launch sites etc). Ecological carrying capacity refers to the level of recreational use that can be accommodated befo re unacceptable or irreversible change is inflicted on the ecosystem. The authors note the difficulty of filtering out noise in order to monitor changes that are direct results of recreational activity and advise on the only alternative being that experienced ecologists should “use their intuition and understanding” to identify areas where conservative recreational use measures should be adopted. Social carrying capacity refers to users’ perceptions of the quality of the recreational experience and takes into account levels of crowding as determined by user acceptability, on the basis that tolerance of crowding is a variable factor. A questionnaire survey was used during peak season to ascertain levels of use and preferences. Direct observations over a 7-day field survey during peak time recorded recreational activities on the estuary in relation to time of day, weather and tides. For assessing physical carrying capacity, the study grouped recreational craft into three broad categories: Rowing craft including canoes and paddleskis: activity takes place in a narrow belt approximately 10-25m along the margins. Spatial requirements are low, they move slowly and so the ecological and social impact was considered negligible. Powerboats: launch site limitations (riparian owners, and the only public launch site can only be used by registered power boat owners from the area). Highest space requirement is waterskiinig – 8 to 16 ha per boat. Fishing from a boat – 1 boat per 4 ha. Cruising – 1.2 ha per boat. Overall recommended aggregate – 4 ha per boat. Sailing craft: launch site limitations. Space requirements: Boardsailing – 10 craft per ha. Other sailing boats – 1 to 3 craft per ha. Aggregate for 73% sailboards – 4 craft per ha. The study found that powerboats and sailing craft use the estuary in different proportions depending on wind and tide conditions and that, under certain projected conditions relating to power boat use, the physical carrying capacity would be exceeded. It was noted that the area close to the launch sites for sailing craft, as well as the shoreside facilities, were intensively utilised at times overcrowded. The assessment of ecological carrying capacity looked at bank erosion but this was contentious because it was impossible to prove that it was caused by powerboating activities. The presence of bird habitats was identified as an aspect that would be vulnerable to increased powerboating activity and the potential high impact of the disappearance of top predators in the estuarine ecosystem. The assessment of social carrying capacity was based on questionnaire survey responses in which approximately 75% of respondents considered the estuary and shoreside facilities to be overcrowded during peak holiday periods. Respondents were also asked to identify, from a selection of options, which measures for preventing congestion would be acceptable.
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Recreational carrying capacity … continued The authors note that these South African case PREFERENCES FOR CONGESTION PREVENTION MEASURES study continued responses provide a useful guide to decision-making TIME ZONING authorities. The study concluded that measures such as activity LIMIT ON POWERBOATS PER HOUSEHOLD zoning should be introduced during peak holiday periods in ACTIVITY ZONING order to regulate boating activities. It recommended the RESTRICTING DEVELOP-MENT IN THE AREA development of new launch facilities for powerboats (in a location that would provide REGISTRATION/ ENFORCEMENT direct access to the sea, on the basis that many of these were used for recreational fishing at sea) and boardsailers. Klein River study The Structure Plan for Kleinriviersvlei and Klein River (Dennis Moss Partnership, 1993) is reviewed in Data Sheet No.13. This includes the following citation from the conclusion: “.. without a large environmental data base it is impossible to establish whether the recreational carrying capacities of the Kleinriviersvlei and Klein River are being exceeded or not. In addition, meaningful recommendations with respect to the development of future recreational amenities and resort developments cannot be made.” (p134). The Structure Plan documents the calculation of physical carrying capacity for windsurfing, canoeing, paddleskiing, waterskiers, powerboats and fishing/rowing boats and uses surveys conducted during the December-January peak holiday period in 1989/90 to estimate actual use. Further surveys conducted during peak seasons in the following years did not differ signficantly. Questionnaire surveys were used to assess the level of boat ownership and use by Hermanus residents, non-residents and lagoon and river property owners. The extrapolated total from the sampling was projected to a prediction of future use in 2010. The recording of the calculations clearly demonstrates the extent to which it is based on assumptions and predictions. The outcome of the calculation is that the physical carrying capacity of the Kleinriviersvlei “will probably not be exceeded in the near future” but that there were perceptions of overcrowding among users and a conflict between powerboating / waterskiing and other activities which prompted the authors to propose a zoning plan and associated management plan for recreational activities on the water body, as well as proposals relating to shoreside facilities. Predictions of future use, involving the assumption that all vacant erven in Hermanus have been developed, indicate that the physical carrying capacity would be exceeded and that one way of managing this would be to curtail waterskiing, this being the most space consuming activity.
References Bosselman F.P. 1978. In the wake of the tourist: Managing special places in eight countries. Washington, The Conservation Foundation. Hammit W.E. and Cole D.N. 1987. Wildland Recreation – Ecology and Management . New York, John Wiley & Sons. McArthur, S. undated. ‘Carrying capacity – it's time to let it go’ in Planeta.com: Global journal of Practical Ecotourism http://www.planeta.com/planeta/05/0508cc.html (accessed 14 Nov 2007). Dennis Moss Partnership. 1993. Structure Plan for the Kleinriviersvlei and the Klein River Area. Final Report (Report 3), Volume I. Prepared for the Overberg Regional Services Council. SAIL News. Newsletter No.3 , Winter 2004 (English version). [email protected] Sowman, M.R. & Fuggle, R.F. 1986. ‘Assessing Recreational Carrying Capacity: A Case Study of the Kromme River Estuary, South Africa’ in Journal of Shoreline Management Vol.3 (1987) 53-75. England: Elsevier. Available from EGS Library, UCT. Ref. 87/40, Tel. 021-6504739. ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 174 Data Sheet No. 34 Tool Ecological Reserve Determination Full name The following text is paraphrased from: Resource directed measures for protection of water resources. Method for the determination of the ecological water requirements for estuaries. DWAF. Version2. Final Draft. May 2004
Application Ecological Reserve Determination is part of the Resource Directed Measures (RDM) programme. At present there are four levels of assessment of Ecological Reserve Determination. These are ranked in the table below in order of increasing level of confidence in the outcomes of the determination.
LEVEL USE
Desktop For use in Water Situation Assessment Model (WSAM) as part of planning processes estimate only.
Rapid Individual licensing for small impacts in unstressed catchments of low importance & determination sensitivity; compulsory licensing “holding action”
Intermediate Individual licensing in relatively unstressed catchments determination
Comprehensive All compulsory licensing. In individual licensing, for large impacts in any catchment. determination Small or large impacts in very important and/or sensitive catchments.
Figure 1 indicates the generic procedure for the determination of the ecological reserve and how it links with other processes such as overall RMD processes. The row of action boxes down the left hand side of the figure are the core activities and reference should be made to the process of strategic adaptive management (SAM – Data Sheet No.35) since SAM is an underlying principle in the development of the RDM process.
In principle, all estuaries are sensitive to reductions and changes in river inflow. However, there are certain parameters (primarily physical) that would indicate whether an estuary is particularly sensitive to changes. Based on current understanding of estuaries, the following are important indicators that could be used towards establishing the extent to which estuaries would be sensitive to modification in inflows:
Frequency of This aspect would be critically important in the determination of the ecological reserve mouth closure for the Klein Estuary as it is predominantly closed. (mostly applicable The sensitivity of an estuary mouth to closure can roughly be correlated to the river to temporarily inflow, particularly during low flow periods, required to keep the mouth open. For many open/closed estuaries, especially the smaller ones, the most important factor in keeping the mouth systems) open is river flow, and particularly base flows. In addition to river flow there are also other factors and/or a combination of thereof, that may contribute to an estuary’s sensitivity to mouth closure such as: Size of the estuary Availability of sediment Wave action in the mouth.
Volume of mean As a first estimate, the volume of the natural MAR that an estuary receives is probably annual runoff the most important parameter in judging overall sensitivity to reduced river inflows. It (MAR) is, however, important to realize that it is not only the amount of river inflow that is important, but also the variability of flows. In general (although there are many exceptions), it can be assumed that the larger the natural MAR of an estuary, the less sensitive it might be to reduced river inflow. Care should be taken in applying this guideline as the local bathymetry of an estuary can cause exceptions.
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Ecological Reserve Determination… continued
Figure 1 Procedure for the determination of the ecological reserve
Extent of Saline If no other information is available and the funds were limited for primary data collection, intrusion even gathering this data would provide a useful starting point for the definition of the (especially relevant current state of the estuary and for the formulation of the desired outcomes. to permanently One of the key philosophies underpinning the development of ecological reserves is the open systems not use of a wide range of specialists and local stakeholder knowledge both in the applicable to the developmental and ongoing refinement stages. The following figures indicate the steps Klein Estuary) required for rapid, intermediate and comprehensive assessments and the human resource requirements typically needed for each project. Figures 2 to 5 demonstrate that a rapid ecological reserve determination is certainly possible until more detailed biophysical data is available for the Klein Estuary.
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Ecological Reserve Determination… continued
Figure 2 Steps involved in a rapid assessment (grey boxes indicate steps that are not part of the ecological reserve determination process but of the wider RDM process)
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Ecological Reserve Determination… continued
Figure 3 Human resource requirements for a rapid assessment
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Ecological Reserve Determination… continued
Figure 4 Steps involved in intermediate and comprehensive assessments (grey boxes indicate steps that are not part of the ecological reserve determination process but of the wider RDM process)
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 179 Ecological Reserve Determination… continued
Figure 5 Human resource requirements for intermediate and comprehensive assessments
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 180 Data Sheet No. 35 Summary Strategic adaptive management
Application The concept of continual improvement is well established in the corporate world. The concept, in broad terms entails: setting targets and objectives; establishing management actions to achieve those targets and objectives, and through continual monitoring and review, improving the targets, objectives and management actions thereby impro ving the overall performance of the organisation. Continual improvement is, therefore, seen as a cyclic process of review and management action and is encapsulated in business systems such as the international quality management ISO 9000 series and the env ironmental management ISO 14000 series. This concept is used in estuarine management as well and underpins the approach termed “strategic adaptive management” (SAM) (proposed Generic Framework for Estuarine Management Plans: C.A.P.E Estuaries Programme, version 1: May 2007) as depicted in Figure 1 below: Figure 1: Steps in the Planning and Implementation of the Strategic Adaptive Management Process (SAM)
The key point of this process is that estuaries are complex systems and there is usually insufficient information available to make definitive decisions about current or desired end states or any management actions required to achieve the desired end states. Historically this resulted in an impasse of inactivity while data was collected upon which to base an assessment and from which to plan a desired end point. SAM provides the platform to us a “trial and error” approach based upon sound scientific principles to develop a management programme which tests and refines understanding and consequently the goals and desired outcomes. In order that the trail and error approach does not result in fragmented and diffuse management actions which have little or no benefit to the environment, SAM uses a specific strategy to define and check each step of the trial and learn from errors.
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Strategic adaptive management… continued
Assessing current The starting point of the process is depicted in the pivotal steps 2 and 3 (Figure 1), namely status and defining assessing the current status of the estuary and then defining the desired future state. The the desired future first step is clearly to describe the current situation of the estuary. Figure 2 suggests a few state aspects of an estuarine system which could be used to describe the current situation. Once the situation has been described it can then be analysed to determine which aspects are good, bad or indifferent and which need to change. Based upon this analysis, a desired future can be defined and plans can be drawn up for management actions to achieve the desired future. In the ideal situation, all the causative and inter-related factors resulting in the current state would be understood in order that all parameters which could contribute to achieving the desired state can be managed. However, there is usually insufficient information to support this ideal situation. The process therefore requires that assumptions are made in the analysis phase and that, in planning the desired future, these are translated into assumptions and hypotheses which are tested during the implementation phase. It is also for this reason that an estuary management forum should be established to provide local and scientific knowledge that will contribute to the overall management programme (step one in Figure 1).
Figure 2: Examples of Estuarine Parameters which could be changed through Management Actions when moving from the Current State to the Desired State In Figure 1, the process of hypothesising management actions required to achieve a desired end point is covered by steps 4 to 5 and once again the estuary management forum would be pivotal in collating known information and erecting postulates to cover information gaps. Summary of the The current state of the estuary is described as far as possible using the data available process so far and the interacting causes and effects are mapped to provide a dynamic overview of the estuary; The desired end point has been defined and both the detailed changes anticipated in the estuarine system, and the management actions postulated to achieve those changes, have been formulated. At this point all the planning that can be done has been done and the only way to determine the effectiveness is to implement the programme and test the hypotheses and assumptions. ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 182
Strategic adaptive management… continued
Monitoring and Testing the hypotheses requires regular monitoring and reviews. Monitoring refers to the review ongoing capture of data which reflect the condition of selected parameters of the estuary and review refers to the consideration and evaluation of the implications of the monitoring results within the context of the overall management programme. An essential consideration in developing the management programme is what parameters to monitor. There was historically a tendency to monitor anything and everything that could be easily monitored. This approach was time consuming and costly and did not necessarily result in providing meaningful information on the success or otherwise of the management programme. Thus parameters appropriate to the management action and desired outcome should be selected to test the hypotheses. For example, if one of the desired outcomes was increased water depth and all management actions were focused on achieving this outcome, regular measurement of bathymetry and water depth would be appropriate for determining the effectiveness of the management actions. However, if the desired outcome was to restore a degraded estuary, a complex suite of parameters would need to be monitored based upon an understanding of the inter-linkages in the estuarine system. Since the list of potential parameters which could be monitored could be limitless, certain indicators are selected which give an overall indication of the condition of the estuarine ecosystem, depending upon the type of the estuary and the desired outcomes; hence their name. Once the suite of parameters to be monitored has been finalized and the monitoring programme implemented for a defined period the final step before completing the cycle of adaptive management is review. In order that the hypotheses are fully reviewed two facets of the management programme must be assessed during the review: the management actions and the desired outcomes since they are inextricably linked to each other. Figure 3 suggests a decision-tree which can be used in the review process.
Based upon the review, changes may be made to the management actions or desired outcomes and the programme is implemented for another cycle to once again test the changes made. It is this cyclic approach that underpins the term strategic adaptive management since the management of the programme is continually reviewed and modified to improve the performance of the programme as new information becomes available through monitoring and enables effective management programmes to be developed to manage estuaries even where there is little information available at the outset of the programme.
Figure 3: The Process of Review
ESTUARY MANAGEMENT PLAN FOR THE KLEIN RIVER, WESTERN CAPE 183 Data Sheet No. 36
Legislation Water User Registration (WARMS) review Full name Water use Licensing, Registration & Revenue Collection Application Registration of water use is considered to be one of the tools that is needed for optimal management of water resources, established i.t.o. the National Water Act (1998). Key definitions / Who needs to register: terminology All water users who do not receive their water from a service provider, local authority, water board, irrigation board, government water scheme or other bulk supplier and who are using [surface or ground] water for irrigation, mining purposes, industrial use, feedlots or in terms of a General Authorisation. Other uses which must be registered include: Diversion of rivers and streams; Discharges of waste or water containing waste; Storage. Any person or body storing water for any purpose (including irrigation, domestic supply, industrial use, mining, aqua culture, fishing, water sport, aesthetic value, gardening, landscaping, golfing, etc) from surface runoff, groundwater or fountain flow in excess of 10 000 cubic meters or where the water area at full supply level exceeds 1 hectare in total on land owned or occupied by that person or body and not in possession of a permit or permission; Stream flow reduction activities (afforestation). All afforestation (tree planting) for commercial purposes, including communal forestry for commercial gain, that took place prior to 1972, must be registered. Forest owners who have permits issued under the Forestry Act need not register, as we will send them completed registration documents, compiled from our records, to amend if required, to sign and return; Local authorities and other bulk suppliers with their own water sources and purification works; Controlled Activities, such as irrigating with waste, power generation with water, atmospheric modification or recharging an aquifer. Users who do NOT need to register: If you receive water from a local authority, a water board, an irrigation board or another bulk water supplier you do not need to register that use. The Department will register you if required and send you a certificate or a semi-completed application to fill in. The National Water Act allows a person to take water for reasonable domestic use directly from any water resource to which he or she has lawful access. No licence or registration is required for this. It also allows a person to take water for small gardening (not for commercial purposes) and the watering of animals (excluding feedlots) on land owned or occupied by that person, from any water resource which is situated on or forms a boundary of that land, if the use is not excessive in relation to the capacity of the water resource and the needs of other users. This means that most users using groundwater in towns and cities and those users with windmills on their own properties need not register. Scope of Registration comprises the asking and answering of 4 basic questions: Who are you? provisions Where are you? How much water are you using? What are you using it for? The information enables DWAF to build up a picture of water use in the various catchments.
Useful references Regional Directors or Area Managers of the neare st offices of the Department of Water Affairs and Forestry (DWAF) WARMS: http://www.dwaf.gov.za/Projects/WARMS/ Western Cape: Tel: (021) 950 7100 Fax: (021) 950 7149 Private Bag X16, Sanlamhof 7532 Call Centre Toll Free Line: 0800 200 200
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