Transcript Western Cape Estuaries Programme Estuary Management Framework and

IMPLEMENTING THE LEGAL FRAMEWORK FOR ESTUARIES:
LESSONS LEARNED FROM THE WESTERN CAPE
MPA Forum
26 October 2016
Marlene Laros
Director: Biodiversity and Coastal Management
Department of Environmental Affairs and Development Planning
SUSTAINABILITY IS A ‘NESTED MODEL’
Estuarine management – a case for co-operative governance
Environment
Overview Western Cape Estuary Management
Programme
Economy
ICMA and the NEMP
Society
Recent legal challenges
Individual
Quality
of
Life
Learning lessons
Governance
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Source: National DEA: State of
Environment Report 2016
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Coastal Management Programme
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Provincial Coastal Management Programme
PRIORITIES FOR COASTAL MANAGEMENT
Priority Area 1:
Social, Economic Development and Planning;
Priority Area 2:
Cooperative Governance and Local Government Support;
Priority Area 3:
Facilitation of Coastal Access;
Priority Area 4:
Climate Change, Dynamic Coastal Processes and Building
Resilient communities;
Priority Area 5:
Land and Marine-Based Sources of Pollution and Waste;
Priority Area 6:
Natural and Cultural Resource Management;
Priority Area 7:
Estuary Management;
Priority Area 8:
Capacity Development, Advocacy and Education
Priority Area 9:
Monitoring, Compliance and Enforcement.
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Western Cape Estuaries Programme
Estuary Management Framework and Implementation Strategy (EMFIS)
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SA = 300 functional estuaries
WC = 62, 20 = EMPs
City of Cape Town = Poor
West Coast and Overberg = Fair
Eden = Good
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Priority Area 7: Estuary Management
Goal: Co-ordinated and integrated estuary management optimises the ecological,
social and economic value of these systems on an equitable and
sustainable basis.
Coastal Management Objectives:
7.1 To develop and implement a provincial estuary management programme
7.1.1 Develop an Estuary Management Framework and Implementation Strategy.
7.1.2 Development and implementation of the Breede River Estuary Management Plan.
7.1.3 The finalisation of priority Estuary Management Plans (15 from CAPE).
7.1.4 The development of Estuary Management Plans for the remaining estuaries on a prioritised basis
(17).
7.1.5 The development of Mouth Management Plans for prioritised estuaries (10).
7.2 To ensure that priority habitats associated with estuaries are protected
7.2.1 The expansion of the MPAs in the WC Protected Area Expansion Strategy include priority estuaries
where appropriate.
7.2.2 Priority biodiversity habitats associated with estuaries are included in the WC Spatial Provincial Biodiversity
Plan.
7.3 To co-ordinate estuarine management research
7.3.1 Engage research partners and direct estuary management research to address WC priorities.
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Western Cape Estuary Programme: 3-year deliverables (1)
COMPONENT A: Development of mouth management plans for priority
estuaries
Mouth Management Plans must be developed and compiled for the following list of
ten (10) priority estuaries:
Estuary name
Verlorenvlei
Jakalsvlei
Onrus
Uilkraals
Klein
Heuningnes
Bot
Breede
Goukamma
Groot Brak
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Municipal District
West Coast
West Coast
Overberg
Overberg
Overberg
Overberg
Overberg
Overberg/Eden
Eden
Eden
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Western Cape Estuary Programme: 3-year deliverables (2)
COMPONENT B: Development and finalisation of Estuarine Management
Plans (EMPs)
Priority estuaries (17) for which Estuarine Management Plans are to be compiled:
West Coast
Sout
Wadrift/Langdrift
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Overberg
Buffels
Rooiels
Klipdrifsfontein
Ratel
Eden
Duiwenhoks
Blinde
Gwaing
Kaaimans
Maalgate
Noetsie
Blaauwkranz
Groot
Matjies
Piesang
Sout (East)
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Western Cape Estuary Programme: 3-year deliverables (3)
COMPONENT B: Development and finalisation of Estuarine Management
Plans (EMPs)
EMP’s to be amended based on recommendations of the Department of
Environmental Affairs (2014) National Estuarine Management Protocol and review of
Existing Estuarine Management Plans 2007-2014.
West Coast & City
of Cape Town
Olifants
Overberg
Eden
Bot/Kleinmond
Goukou
Verlorenvlei
Klein
Gouritz
Berg
Uilkraals
Klein Brak
Diep
Breede
Great Brak
Zandvlei
Heuningnes
Knysna
Keurbooms
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Western Cape Estuary Programme: 3-year deliverables (4)
COMPONENT C: Development of the Estuary Management Framework and
Implementation Strategy for Western Cape Province.
Estuary Management Framework and Implementation Strategy
Institutional framework for Estuarine Management Forums (EMFs)
Consolidated existing municipal legislation and a draft set of regulations
Guidelines and best management practices for developers, coastal
managers
Programme and material to be utilised to capacitate estuary stakeholders
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In Summary
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Legislation, policy and standards
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Overview of legislative context
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LEGISLATION THAT REGULATES AND GUIDES HOW ESTUARIES MUST BE MANAGED
The main legislative instrument: is ICM Act as amended.
Specific provisions for estuarine management are found in sections 33
and 34 of the ICM Act, in particular the publication of the National
Estuarine Management Protocol (NEMP).
Western Cape Nature Conservation Ordinance
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LEGISLATION: ESTUARINE MANAGEMENT AND THE HUMAN ACTIVITIES
Section 28 of the NEMA places a general duty of care on all to prevent pollution and
degradation of the environment. This includes the estuarine environment. The 2011
National Biodiversity Assessment (NBA) groups the following threats to estuarine
health and diversity together:
• Flow modification
• Pollution (e.g. agriculture, waste water treatment works, industrial, sediment)
•Exploitation of living resources (fish and invertebrates)
•Habitat destruction (within estuarine functional zone)
•Climate change
Policy and legislation that regulate estuaries, and the activities that impact on estuary
health and diversity can be group into the following three broad areas:
1) Water quality and quantity
2) Land use and infrastructure development
3) Living resources within estuaries
The NEMP also includes these three broad areas in its list of management objectives
and activities that must be addressed in an EMP.
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Estuarine Management and the NEMP
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THE NEMP SECTION 4: STANDARDS FOR ESTUARINE MANAGEMENT
Best practice
Estuarine management must aim at best practice in terms of use,
management and protection of estuaries based on principles of
ecological sustainability and co-operative governance;
Climate change
Estuary management planning must consider the predicted impacts of
climate change and management of potential disasters including
pollution events;
Land use planning
Integration of land use planning and natural resource management
outcomes with estuarine management outcomes must be promoted;
Scientific evidence
Management actions should be based on sound scientific evidence
and where lacking, the precautionary approach should prevail;
Negative impacts
An estuary must be managed to avoid, minimize or mitigate significant
negative impacts that include but are not limited to reduced water
flows and loss of habitat or species;
An estuary must be maintained in its ecological category as
determined in the 2011 NBA and subsequent updates in order to meet
biodiversity targets, and to take into account the recommended extent
of protection and recommended ecological health category; and
Ecological category
Ecological Reserve
The classification and setting of the Ecological Reserve and Resource
Quality Objectives (RQO) of an estuary must take into account the
and Resource
current ecological health status, recommended extent of protection
Quality Objectives
and recommended ecological category in order to meet the
biodiversity targets as set in the 2011 NBA and the subsequent
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Institutional arrangements – MPAs and PAES areas
An estuary that is within a
The management authority responsible
protected area or that is
for the protected area must develop an
identified as part of a
EMP
in
consultation
with
relevant
protected area expansion government departments;
strategy
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Learning lessons
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Mouth Management Plans and Maintenance Management Plans
Abbott judgement in the Western Cape and estuary breaching
responsibilities – context of excellent work by some local municipalities
Disaster Management legislation and the need to consider climate
change – responsibilities for district and local governments
Providing appropriate linkages between the EMP, the MMP and the
regulatory instrument to undertake the breaching activity
Flood line determinations for estuaries and proper informants to
development setbacks
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Co-operative governance and capacity – the biggest challenge
Clear roles for EAFs
Stakeholders distinguishing the EMP, the management authority roles and
the individual mandates, e.g. Breede River
Zonation and by-laws
Compliance and enforcement
Development planning and management
Estuarine MPAs are literally “holding the baby” – institutional learning
processes
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Contact Us
Marlene Laros
Director: Biodiversity & Coastal Management
Tel: 021 483 5126
Fax: 021 483 4440
[email protected]
www.westerncape.gov.za
Enkosi
Thank You
Dankie