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AQUACULTURE

Provincial Government of the Western Cape:Department of Environmental Affairs

and Development Planning

Edition 1October 2007

Prepared by: Etienne HinrichsenDivision of Aquaculture

University of Stellenbosch

Guideline to the authorisation requirements for Aquaculture in

the Western Cape

DEA&DP Guideline to the Authorisation Requirements for Aquaculture in the Western Cape

Guideline to the Authorisation Requirements for Aquaculture in the Western Cape

Edition 1

Issued by:Provincial Government of the Western CapeDepartment of Environmental Affairs and Development PlanningUtilitas Building, 1 Dorp StreetPrivate Bag X9086Cape Town, 8000South Africa

Prepared by:E. HinrichsenDivision of Aquaculture, Stellenbosch UniversityPrivate Bag X1Matieland, 7602South Africa

Coordinated by:Division of Aquaculture, Stellenbosch UniversityPrivate Bag X1Matieland, 7602South Africa

COPYRIGHT © Republic of South Africa, Provincial Government of the Western Cape, Department of Environmental Affairs and Development Planning 2007. ALL RIGHTS RESERVED.

This document is copyright under the Berne Convention. Apart from the purpose of private study, research or teaching, in terms of the Copyright Act (Act No. 98 of 1978) no part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from the Department of Environmental Affairs and Development Planning. Likewise, it may not be lent, resold, hired out or otherwise disposed of by way of trade in any form of binding or cover other than that in which it is published.

This guideline should be cited as:

Hinrichsen, E. 2007. Guideline to the Authorisation Requirements for Aquaculture in the Western Cape: Edition 1. Division of Aquaculture, Stellenbosch University Report. Republic of South Africa, Provincial Government of the Western Cape, Department of Environmental Affairs & Development Planning, Cape Town.

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ACKNOWLEDGEMENTS

The compilation of this document was made possible through a collective effort in which the following people and organisations played a significant role:

The project team from the Department of Environmental Affairs and Development Planning, which was led by Mr. Z. Toefy.

The project review committee, consisting of the officials from the Department of Environmental Affairs and Development Planning, The Western Cape Provincial office of the National Department of Water Affairs and Forestry, the Marine and Coastal Management Branch of the Department of Environmental Affairs and Tourism, CapeNature, the Western Cape Provincial Department of Agriculture and the Aquaculture Institute of South Africa.

Special appreciation is given to the Aquaculture Institute of South Africa for providing guidance with regard to the content and framework of this document, as well as coordinating the review committee.

The project implementation team from the Division of Aquaculture of the Stellenbosch University, which was led by Prof. D. Brink.

Participants in the aquaculture sector at large who participated in various discussion forums and gave much input around the content of the document.

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PREAMBLE

The Department of Environmental Affairs and Development Planning (DEA&DP or “the Department” hereafter) has compiled this Guideline to the Authorisation Requirements for Aquaculture in the Western Cape to assist stakeholders in the sector to comply with the legislation that governs the development of aquaculture activities. The intention of the guideline is not to reproduce the entire legal process of authorisation, as this is captured in various guidelines that the Department has made available and to which any prospective aquaculturist should also refer during the process of authorisation. This guideline depicts the outline of the authorisation process and indicates specific details that relate to aquaculture.

This guideline should be read in conjunction with the Generic Environmental Best Management Practice Guideline for Aquaculture Development and Operation in the Western Cape. This best management practice guideline highlights the environmental matters related to aquaculture and thus plays an important part in the identification and understanding of potential environmental issues during the authorisation process for any aquaculture venture or project.

NOTE: This guideline has been specifically compiled for use in the Western Cape Province. Use outside of this province must be sanctioned by the Western Cape Department of Environmental Affairs and Development Planning.

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EXECUTIVE SUMMARY

This guideline is one of two documents that have been compiled by DEA&DP to assist aquaculturists with the development of an environmentally responsible and sustainable sector. Although the guideline is not a legal instrument, it provides guidance to achieving legal compliance with the resource-based legislation that influences aquaculture.

Whilst DEA&DP is only one of a few authorities responsible for evaluation and decision-making of aquaculture development activities, the objective of this guideline is to provide clarity on all the legislative authorisation processes (herein after referred to as the “integrated authorisation process”) required by the various responsible authorities for aquaculture activities. Hence, for the purposes of this document, the authorisation process refers to the various legislative processes required by the various responsible authorities.

The guideline explains the authorisation process by indicating the respective authorities, the aspects requiring authorisation, the use of consultants and the use of best management practices. The authorisation process itself is explained in ten integrated steps, these being:

a) Formulation of a proposed aquaculture project,b) Choosing of a candidate species,c) Land access planning,d) Land use planning,e) Service planning,f) Water use planning,g) Marine resource planning,h) Environmental planning,i) Permitting, and j) Post approval planning.

Aquaculture is an activity which may trigger the requirement for an Environmental Impact Assessment (EIA) process in terms of the EIA regulations and for which authorisation must be obtained prior to commencement. In the Western Cape DEA&DP is the competent authority for the administration and decision-making in terms of the EIA regulations and have developed a comprehensive set of guidelines and forms to assist applicants and consultants in this EIA process.

The Marine and Coastal Management Branch of the Department of Environmental Affairs and Tourism (MCM: DEAT) is mandated to conserve and regulate marine resources. In this regard they promote and regulate mariculture activities and an application for authorisation of such activities must be submitted and authorisation obtained prior to commencement thereof.

Permits must be obtained form the Veterinary Services of the Department of Agriculture if organisms are to be imported or exported. In certain instances (e.g. for the export of shellfish, permits are also required from the South African Bureau of Standards (SABS)). The Department of Agriculture is active in aquaculture research and agricultural land use planning matters.

The Department of Water Affairs and Forestry (DWAF) is the custodian of water resources and define certain water use activities that may apply to aquaculture. These water uses for

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aquaculture require specific authorisation, which is determined by the type and classification of these water uses.

CapeNature is primarily concerned with biodiversity conservation. In this regard the capture, movement and keeping of aquaculture organisms require a permit from CapeNature.

Local authorities are involved in the authorisation of aquaculture activities in that they are central to land use planning, zoning and essential service provision.

The authorities above do not stand alone in the authorisation and promotion of aquaculture. Various other government departments and organisations also play a significant role in the sector.

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CONTENTS

ACKNOWLEDGEMENTS.............................................................................................................................. II

PREAMBLE................................................................................................................................................. III

EXECUTIVE SUMMARY.............................................................................................................................. IV

CONTENTS................................................................................................................................................. VI

SECTION 1: INTRODUCTION................................................................................................................. 11.1 WHAT IS AQUACULTURE...........................................................................................................11.2 THE STATUS OF AQUACULTURE..............................................................................................21.3 THE OBJECTIVES OF THE AUTHORISATION GUIDELINE.........................................................21.4 LEGAL STANDING AND LEGISLATIVE MANDATES....................................................................2

SECTION 2: OVERVIEW OF THE AQUACULTURE AUTHORISATION PROCESS.................................32.1 GETTING STARTED - INTEGRATED PLANNING OF AQUACULTURE........................................32.2 STAKEHOLDER GROUPS IN THE AQUACULTURE AUTHORISATION PROCESS.....................42.3 TEN STEPS TOWARDS THE INTEGRATED AUTHORISATION PROCESS OF AQUACULTURE 62.4 SELECTING THE APPLICABLE AUTHORISATION TYPES........................................................102.5 ENVIRONMENTAL PRACTITIONERS AND AQUACULTURE CONSULTANTS..........................102.6 USING BEST PRACTICE GUIDELINES IN AQUACULTURE AUTHORISATION.........................10

SECTION 3: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING..............................................................................................11

3.1 INTRODUCTION........................................................................................................................ 113.2 AUTHORISATION REQUIREMENTS AND PROCESS................................................................113.2.1 IDENTIFYING ALTERNATIVES..................................................................................................123.2.2 PARTICIPATION OF INTERESTED AND AFFECTED PARTIES.................................................123.2.3 OUTCOME OF THE AUTHORISATION PROCESS AND APPEALS............................................133.2.4 AQUACULTURE EXPANSION ACTIVITIES................................................................................133.2.5 COMPLIANCE MONITORING AND AUDITING...........................................................................133.2.6 GUIDELINES AND FORMS........................................................................................................13

SECTION 4: REQUIREMENTS AND APPROACH TO THE MARINE AND COASTAL MANAGEMENT BRANCH OF THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM.................................14

4.1 INTRODUCTION........................................................................................................................ 144.2 AUTHORISATION REQUIREMENTS AND PROCESS................................................................14

SECTION 5: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF AGRICULTURE...........165.1 INTRODUCTION........................................................................................................................ 165.2 AUTHORISATION REQUIREMENTS AND PROCESS................................................................16

SECTION 6: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF WATER AFFAIRS AND FORESTRY .......................................................................................................................................... 17

6.1 INTRODUCTION........................................................................................................................ 176.2 AUTHORISATION REQUIREMENTS AND PROCESS................................................................17

SECTION 7: REQUIREMENTS AND APPROACH TO CAPE NATURE..................................................197.1 INTRODUCTION........................................................................................................................ 197.2 AUTHORISATION REQUIREMENTS AND PROCESS................................................................19

SECTION 8: REQUIREMENTS AND APPROACH TO THE LOCAL AUTHORITIES...............................208.1 INTRODUCTION........................................................................................................................ 208.2 AUTHORISATION REQUIREMENTS AND PROCESS................................................................20

SECTION 9: APPROACH TO OTHER STAKEHOLDERS......................................................................21

SECTION 10: SELECTED ASPECTS IN AQUACULTURE AUTHORISATION.........................................22vi


SECTION 11: REVIEW AND UPDATE OF THE AUTHORISATION GUIDELINE......................................22

SECTION 12: CONCLUSION................................................................................................................... 22

SECTION 13: ACRONYMS...................................................................................................................... 23

SECTION 14: GLOSSARY...................................................................................................................... 24

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RELEVANT CONTACT DETAILS

Department of Environmental Affairs and Development Planning

1 Dorp Street, Cape TownPrivate Bag X9086, Cape Town, 8000Tel: 021 483 4643Fax: 021 483 3211Web: www.capegateway.gov.za

Department of Water Affairs and Forestry

Private Bag X16, Sanlamhof, 7532Tel: 021 950 7100Web: www.dwaf.gov.za

Department of Agricul-ture

Muldersvlei Road, Elsenburg BuildingPrivate Bag X1, Elsenburg, 7607Tel: 021 808 5005Fax: 021 808 5000Web: www.capegateway.gov.za

Marine and Coastal Management Branch: Department of Environ-mental Affairs and Tour-ism

2nd Floor, Foretrust Building, Foreshore, Cape TownPrivate Bag X2, Roggebaai, 8012Tel: 086 112 3626 or 021 402 3036 Fax: 021 402 3009Web: www.mcm-deat.gov.za

CapeNature CapeNature House, Belmont Park, Belmont Road, RondeboschPrivate Bag X29, Rondebosch, 7701Tel: 021 659 3400Web: www.capenature.org.za

Aquaculture Institute of South Africa

PO Box 51743, West Beach, 7449Tel: 021 556 7339Fax: 021 556 4428Web: www.ai-sa.org.za

South African Bureau of Standards

Liesbeek Parkway, Rosebank, Cape TownPO Box 615, Rondebosch, 7701Tel: 021 681 6700Fax: 021 681 6701Web: www.sabs.co.za

Aquaculture Association of Southern Africa

PO Box 71894, The Willows, 0041Tel: 012 807 6720Fax: 012 807 4946Web: www.aasa-aqua.co.za

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http://www.capenature.org.za/


SECTION 1: INTRODUCTION

1.1 WHAT IS AQUACULTURE

Aquaculture is defined as the propagation, improvement, trade or rearing of aquatic organisms (plant and animal) in controlled or selected aquatic environments (fresh, sea or brackish waters) for any commercial, subsistence, recreational or other public or private purpose. In spite of this detailed definition, the legal instruments in terms of which aquaculture activities require authorisation, simply define aquaculture as the farming of animals or plants in an aquatic environment.

Aquaculture does not include capture fisheries, which entails the harvesting of aquatic organisms from an environment in which no attempt has been made to manage or otherwise influence the organisms by containment, feeding or application of any husbandry techniques.

The aquaculture sector employs a range of production techniques that can be classified according to the nature of water use, the environment in which the activity is practiced, the scale and intensity, the degree of “openness” to the environment, the species, the housing facilities for production organisms and more. Firstly, aquaculture is carried out as either freshwater aquaculture or marine aquaculture (or mariculture), which is practiced in fresh and marine waters respectively. Estuarine and brackish water aquaculture straddles the divide between fresh and marine water aquaculture.

Aquaculture can further be defined in terms of the intensity of production. The typical classification in this regard refers to extensive production as opposed to semi-intensive and intensive production, where the level of technology, capital expenditure, running costs, control, risk and volume of production per unit area typically increases from the less to the more intensive practices. Associated, but not necessarily linked to this, is the magnitude of production that can be broadly divided into small-scale operations (often subsistence ventures), medium scale enterprises and large-scale enterprises (often referred to as industrial aquaculture).

A range of production facilities are used in aquaculture and these can be broadly categorised into tank culture, pond culture and cage culture systems. Within each of these categories various subcategories can be identified. Tank culture can range from typical glass tanks to tanks of various sizes constructed of fibreglass, plastics, concrete or other materials. Pond culture typically refers to earthen ponds, but various plastic, concrete or other pond linings are common. Cage culture systems range from basic penned enclosures and basic floating cages to technologically advanced systems that are constructed from materials such as polyethylene.

Categorisation by species not only refers to marine or freshwater species, but also to the typical species groups such as reptiles, finfish, crustaceans, molluscs, aquatic plants or algae.

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1.2 THE STATUS OF AQUACULTURE

Globally, aquaculture is growing more rapidly than any other food-producing sector. World aquaculture production totalled 45.7 million tons in 2000 and was valued at US$ 56.5 billion (FAO, 2002). In 2000, farmed fish, crustaceans and molluscs contributed 27.3% of total world fish supplies, while almost 40% of the aquatic products used by man today are derived from aquaculture.

Further details on the status of aquaculture, globally and in the Western Cape, can be found in the associated document entitled Generic Environmental Best Management Practice Guideline for Aquaculture Development and Operation in the Western Cape.

1.3 THE OBJECTIVES OF THE AUTHORISATION GUIDELINE

The core objectives of the authorisation guideline are:

a) To provide guidance on the process, steps and procedures to follow in applying for the authorisation of an aquaculture activity in terms of the legislation for which DEA&DP is mandated,

b) To provide guidance on the process, steps and procedures to follow in gaining authorisation for an aquaculture activity in terms of other resource-based legislation administered by other authorities, and

c) To provide guidance on the integration of the respective authorisation processes overseen by the different authorities.

Achieving these objectives will assist in:

a) Creating a legislatively compliant aquaculture sector, b) Achieving resource protection and conservation in an equitable, responsible and

sustainable manner, andc) Promoting the recognition of the aquaculture sector as being environmentally

responsible and sustainable.

1.4 LEGAL STANDING AND LEGISLATIVE MANDATES

In South Africa the protection of the environment at large is governed by a range of resource-based legislation and by the rights of the people to a clean and safe environment in terms of the Constitution. Therefore, all people have a legal obligation towards the protection and responsible use of the environment. Although this environmental responsibility is bestowed upon all stakeholders in the aquaculture sector, this document serves only as a guideline towards the achievement of this responsibility. This guideline has no legal standing in itself, but the legal frameworks to which it provides guidance are legally binding.

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SECTION 2: OVERVIEW OF THE AQUACULTURE AUTHORISATION PROCESS

2.1 GETTING STARTED - INTEGRATED PLANNING OF AQUACULTURE

The successful authorisation of an aquaculture venture or project starts with an integrated planning process in which resource, social and environmental issues should influence the concept formulation to the same extent as the technical and financial matters. This planning should be based on a feedback process in which designs and plans are continuously tested against the applicable resource, social and environmental matters so that the concept can be modified to best achieve a proposed venture or project in which the negative impacts can be minimised. Using such a circular feedback process will also assist with the identification of alternatives, which is a requirement in the authorisation process.

All of the aspects that require consideration in the formulation of an environmentally responsible and sustainable aquaculture venture or project, are explained in detail in the associated guideline entitled Generic Environmental Best Management Practice Guideline for Aquaculture Development and Operation in the Western Cape. This guideline should be consulted during the planning process to ensure that aspects, which are particular to aquaculture, are addressed. In summary, these aspects include:

a) Considerations around the macro-planning environment,b) Aquaculture site selection criteria (micro-planning):

o Land, resource and site access: Land ownership and tenure, Access to natural resources, and Physical accessibility.

o Existing and new service and infrastructure needs,o The capacity of the receiving environment,o The environmental value of a site,o Shared resources and other users,o Floods, tides and other water characteristics,o Considering surrounding land use,o Unique management areas,o Geology, topography and climate, ando Personnel and skill requirements.

c) Determining the resource needs for a new aquaculture project:o Financial resources and economic viability,o Water resource needs,o Feed resource needs,o Stock and species resources, ando Human resource and skill requirements.

d) Determining the scale of a new aquaculture operation, ande) Considerations around the social environment.

In addition to the planning matters above, the document entitled Generic Environmental Best Management Practice Guideline for Aquaculture Development and Operation in the Western Cape also contains specifications related to the operational activities of an aquaculture venture or project. These operational best practices should also be used to provide direction in the design, layout and planning of a sustainable venture or project.

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2.2 STAKEHOLDER GROUPS IN THE AQUACULTURE AUTHORISATION PROCESS

The primary stakeholder groups and their respective responsibilities in the EIA authorisation process1 for aquaculture activities are:

a) The Applicant or Prospective Aquaculturist:o Gaining consent for the use of land / water for an aquaculture activity, if such land

does not belong to him / her or if he / she does not have legal access to the water required for a proposed aquaculture activity,

o Appointing an independent and suitably qualified Environment Assessment Practitioner (EAP) as required for the completion of the EIA authorisation process,

o Providing the EAP and the Department with access to all the information at their disposal, regarding the proposed activities and the application for EIA authorisation. Such information may include permits and authorisations from other authorities that may be required for aquaculture activities,

o Covering all costs in the EIA authorisation process,o Ensuring that the EAP provides all interested and affected parties (I&AP’s) with an

opportunity to participate in the EIA authorisation process, ando Complying with the conditions of any authorisation granted.

b) The Environmental Assessment Practitioner (EAP):o Primarily responsible for undertaking the EIA authorisation process,o May undertake or be involved in the other legislative authorisation processes

required for aquaculture activities, if appointed to do so by the applicant,o Ensuring that he / she is suitably qualified for conducting the required EIA

assessment and authorisation process,o Undertaking the EIA assessment and authorisation process in an objective

manner,o Ensuring that he / she has no financial or other vested interests in the outcome of

the EIA authorisation process,o Ensuring that all I&AP’s have an opportunity for participation in the EIA

authorisation process, ando Providing the Department with access to all information at their disposal,

regarding the proposed activities and the application for EIA authorisation.

c) The Interested and Affected Parties (I&AP’s):o Furnishing comments and inputs to the proposed project or venture and the EIA

authorisation process, within the timeframes that have been provided for,o Disclosing any issues which may be of significance in the EIA authorisation

process, ando Disclosing any competitive or direct financial interest in the EIA authorisation

outcome.

d) The Government Departments and Authorities:

1 Although the stakeholders in this section may be common to other authorisation processes, they refer specifically to the stakeholders in the EIA authorisation process, further described in section 3.

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o Ensuring that adequately qualified officers or agents are available for the evaluation of proposals and EIA authorisation reports,

o Ensuring that evaluations and decisions are achieved within specified and reasonable timeframes and that applicants are informed of any delays,

o Providing applicants and EAP’s with information and guidelines that may be required in the EIA authorisation process,

o Minimising the inputs from applicants and EAP’s to that required in taking an informed decision,

o Informing applicants and EAP’s of the nature and extent of public participation,o Directing applicants and EAP’s towards the consideration of alternatives in terms

of aquaculture location, type, design and application,o Considering cumulative impacts related to proposed aquaculture activities, ando Facilitating integrated decision making with other organs of state as such

decisions apply to a proposed aquaculture activity.

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2.3 TEN STEPS TOWARDS THE INTEGRATED AUTHORISATION PROCESS OF AQUACULTURE

The integrated authorisation of an aquaculture activity refers to a process in which all the relevant authorities and stakeholders provide the required inputs, authorisations and permits to ensure that any proposed aquaculture project or venture is in compliance with the applicable resource based legislation. In order to capture, explain and illustrate this process in a logical and user-friendly manner, it has been broken down into ten steps. These steps (also diagrammatically illustrated on page 8) are:

a) Step 1: Formulation of a proposed aquaculture project. This step consists of an internal exercise by the applicant (or a consultant) in which a conceptual aquaculture project or venture is developed (refer to section 2.1 above). This conceptual design informs all of the steps and authorisations that follow.

b) Step 2: Choosing of candidate species. This step consists of the applicant (or a consultant) deciding upon an appropriate species for an aquaculture project or venture and may require consultation with CapeNature, MCM: DEAT, the Department of Agriculture and its Veterinary Services Section. In all cases where the use of an exotic or extralimital species is considered, these authorities must be approached to obtain the necessary authorisations to do so. Legal frameworks in terms of species choice are primarily provided by the:

o National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)(NEM: BA),

o Marine Living Resources Act, 1998 (Act No. 18 of 1998)(MLRA), ando Western Cape Nature Conservation Law Amendment Act, 2000 (Act No. 3 of

2000)(WCNCLAA).Species choice and the legal frameworks above inform the EIA authorisation process in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998)(NEMA)(refer to step 8 below and section 3) and plays a role in compliance with the National Water Act, 1998 (Act No. 36 of 1998)(NWA)(refer to step 6 below and section 6) and the MLRA (refer to step 7 below and section 4 for mariculture activities).

Step 3: Land access planning. This step consists of ensuring that the land earmarked for a proposed aquaculture project or venture is rightfully owned by the applicant or that the applicant obtains consent for the use of the land. Land access and/or access consent informs the EIA authorisation process in terms of NEMA (refer to step 8 below and section 3) and plays a role in compliance with the NWA (refer to step 6 below and section 6) and the MLRA (refer to step 7 below and section 4 for mariculture activities). Such access arrangements are also important in terms of land use planning (step 4) and service planning (step 5).

c) Step 4: Land use planning. This step consists of ensuring that the land use planning for a proposed aquaculture project or venture is in place or that it is in the process of being addressed. These land use planning aspects include:

o Ensuring that the land is correctly zoned (e.g. Agriculture Zone I or II) or that an application for rezoning has been lodged with the applicable local authority (refer to section 8).

o Ensuring that building plans for any newly proposed structures have been submitted or are in the process of being submitted for approval by the applicable local authority (refer to section 8).

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o Ensuring that the intended aquaculture activities are in compliance with the Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983). Consultation with the Department of Agriculture may be required in this regard (refer to section 5).

o Ensuring that due consideration is given in the planning process to any sensitive areas such as wetlands, mountain catchment areas, rivers, forests, estuaries, nature reserves, conservancies, greenbelts, burial sites, unique geological or palaeontological areas, areas with fossils, historically significant areas, botanically sensitive areas etc. Consultation with CapeNature, South African National Parks, MCM: DEAT and Non-Government Organisations (NGO’s) such as the Wildlife and Environment Society of South Africa (WESSA), the World Wildlife Fund (WWF) and others may be necessary in this regard.

o Ensuring that due consideration is given in the planning process to any sensitive marine environments in the case of mariculture projects or ventures. These areas could include the intertidal zone, marine reserves, estuaries, dune vegetation etc. Consultation with MCM: DEAT, CapeNature, South African National Parks and NGO’s such as WESSA, WWF and others may be necessary in this regard.

Land use planning informs the EIA authorisation process in terms of NEMA (refer to step 8 below and section 3) and plays a role in compliance with the NWA (refer to step 6 below and section 6) and the MLRA (refer to step 7 below and section 4 for mariculture activities). Such land use planning matters are also important in terms of service planning (step 5).

d) Step 5: Service planning. This step consists of ensuring that the necessary services and service infrastructure (electricity, water, roads, sewerage services, telecommunications etc.) are available at the required capacities, or that an application has been made for the service to the applicable service providers or local authorities. Service planning informs the EIA authorisation process in terms of NEMA (refer to step 8 below and section 3) and plays a role in compliance with the NWA (refer to step 6 below and section 6) and the MLRA (refer to step 7 below and section 4 for mariculture activities).

e) Step 6: Water use planning. This step consists of determining the need for a water use authorisation in terms of the NWA from DWAF. If established that a water use authorisation is required, an application must be made for this to DWAF (refer to section 6). Water use planning and the water use authorisation informs the EIA authorisation process in terms of NEMA (refer to step 8 below and section 3) and plays a role in compliance with the MLRA (refer to step 7 below and section 4 for mariculture activities).

f) Step 7: Marine resource planning. This step consists of informing and gaining authorisation for all mariculture activities (including the lease of sea space) in terms of the MLRA from MCM: DEAT. If established that an authorisation is required for a mariculture project or venture, an application must be made for this to MCM: DEAT (refer to section 4). The authorisation of a mariculture activity informs the EIA authorisation process in terms of NEMA (refer to step 8 below and section 3). In addition to this authorisation requirement, the evaluation of an environmental assessment of a mariculture activity may be dealt with by MCM: DEAT in collaboration with DEA&DP, particularly in the case of offshore activities.

g) Step 8: Environmental planning. In this step a determination is made whether a project requires an environmental authorisation and the process by which such an authorisation

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is gained. The requirement for such an environmental authorisation is triggered by the activities listed in GN R 386 and GN R 387. In cases where an environmental authorisation is required, an application must be made in this regard to the Department. It is important to note that certain activities (listed in GN R 386) trigger a so-called Basic Assessment process and that others (listed in GN R 387) trigger a Scoping and EIA process. In certain instances more than one listed activity may be applicable, but in all instances where an activity listed in GN R 387 is triggered, a Scoping and EIA process will be required (as opposed to the Basic Assessment required for activities listed in GN R 386). If neither a Basic Assessment nor a Scoping and EIA activity is triggered, this does not exempt the applicant from compliance to the applicable legislation upon which the other steps are based. In this regard, careful consultation with the respective authorities and the appointment of a suitably qualified EAP may be necessary.

h) Step 9: Other permitting. This step does not necessarily form part of the authorisation process described in steps 1 to 8, but may be a legal requirement or a condition of the authorisations described above. The most common of these permits are those required for the capture, import, export, keeping and general transport of aquaculture organisms. In this regard permits may be required from:

o CapeNature in terms of the WCNCLAA for the capture or transport (including export and import) of all live organisms and for the keeping of certain endangered or exotic species.

o MCM: DEAT in terms of the MLRA for the capture or transport (including export and import) of all marine organisms and for the keeping of certain endangered or exotic species.

o The Veterinary Services of the Department of Agriculture for the import or export of aquaculture organisms. These permits fall under the auspices of the Animal Health Act, 2002 (Act No. 7 of 2002) and the International Animal Health Code of the World Organisation for Animal Health (i.e. OIE - Office International des Epizooties).

o The SABS for the export of certain organisms such as shellfish.Consultation with the respective authorities above may be required to ensure that all necessary permits are obtained

i) Step 10: Post approval planning. Once the necessary authorisations have been obtained, there may be a requirement for the implementation of ongoing checks and balances, and in certain cases, renewal of the authorisations. Such post approval requirements or conditions need to be planned to ensure effective and timely execution and ongoing legal compliance. These post approval requirements may include internal and external compliance and/or environmental audits, reporting, record keeping, permitting and renewals as required by the respective authorities.

Although the steps above have been presented in a sequential manner, the emphasis remains on integration. In spite of the interdependence of the respective steps it is possible for an applicant or an EAP to plan the authorisation process in a manner, which allows for the concurrent execution of certain steps.

The figure on the next page is a diagrammatic illustration of the ten steps in the authorisation process. The far right column illustrates the manner in which the respective steps are integrated and interdependent.

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2.4 SELECTING THE APPLICABLE AUTHORISATION TYPES

Depending on the nature of any planned aquaculture activity, certain authorisations may not be required. It is however the responsibility of the applicant or their appointed EAP to determine the legal requirements and to steer the process accordingly. As an example, if an aquaculture activity is exempt from an EIA authorisation (refer to activities requiring a Basic Assessments or Scoping and an EIA in GN R 386 and GN R 387 respectively), such an activity may still need authorisation from MCM: DEAT (i.e. in the case of a mariculture project), from DWAF for the use of water, from CapeNature and MCM: DEAT for the transport of aquaculture organisms and others. Comprehensive consultation with the respective authorities may be required to determine which authorisations are applicable. The Aquaculture Association of Southern Africa (AASA) and the Aquaculture Institute of South Africa may also be consulted in this regard.

2.5 ENVIRONMENTAL PRACTITIONERS AND AQUACULTURE CONSULTANTS

A suitably qualified EAP or aquaculture consultant may be appointed to undertake the integrated authorisation process. It is important that the EAP has a good understanding of the sector and environmental management of aquaculture activities.

The appointment of an EAP is mandatory in the case of applications in terms of the EIA regulations under NEMA, unless an exemption is applied for and granted by DEA&DP. The general requirements and disqualifications of EAP’s are contained in sections 18 and 19 of the Regulations in terms of Chapter 5 of NEMA (GN R 385 of April 2006).

2.6 USING BEST PRACTICE GUIDELINES IN AQUACULTURE AUTHORISATION

Best Management Practices (BMP’s) are defined as the management of activities to achieve an ongoing minimisation of the activities’ environmental harm through cost-effective and continually assessed measures.

Associated to this guideline is the document entitled Generic Environmental Best Management Practice Guideline for Aquaculture Development and Operation in the Western Cape, which contains details on best management practices for aquaculture. Drawing the concepts of this BMP guideline into the planning of a new aquaculture venture or project will facilitate the authorisation process significantly.

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SECTION 3: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING

3.1 INTRODUCTION

DEA&DP seeks to be an integral stakeholder and partner in the equitable intensification of sustainable aquaculture. This equates to ensuring that aquaculture practices are environmentally responsible and based on principals of sustainability. DEA&DP is the competent authority in the Western Cape mandated with the regulation (i.e. authorisation) of aquaculture and its related activities in terms of NEMA. In this regard, the Department is obliged to consider the unique regulatory nature of aquaculture towards the creation of an administratively just and procedurally accessible system for authorisation and development. As explained in section 2.3, authorisation is an integrated process in which the Department does not stand isolated.

3.2 AUTHORISATION REQUIREMENTS AND PROCESS

The authorisation of a planned aquaculture and related activities follow the assessment process specified in NEMA and its related regulations. These are regulations promulgated in terms of section 24(5), read with section 44 of NEMA, which are published as GN R 385 of April 2006. This allows for an assessment process, which is:

a) A systematic and proactive identification of potential positive and negative impacts on the environment (i.e. biophysical, socio-economic and cultural), associated with any activity,

b) Able to identify and examine alternatives and management measures to minimise negative and optimise positive consequences, and

c) Able to prevent substantial detrimental impacts to the environment.

This process allows authorities such as DEA&DP to take informed decisions, while achieving environmental protection and sustainable utilization of resources. The process also allows for I&AP’s to participate in resource planning and environmental protection.

An environmental authorisation must be obtained in order to undertake any activity (or combination of activities) listed in GN R 386 and GN R 387 of 21 April 2006:

“Activities identified in terms of section 24(2)(a) and (d) of the act, which may not commence without environmental authorisation from the competent authority and in respect of which the investigation, assessment and communication of potential impact of activities must follow the procedures as described in the environmental impact assessment regulations, 2006, promulgated in terms of section 24(5) of the act.”

Certain aquaculture activities require authorisation from DEA&DP as they are listed in either GN R 386 or GN R 387. Nevertheless, it is of critical importance that all of the activities in the respective notices are checked as a number of activities, which could be related to aquaculture development, are also included. Any one or a combination of these activities contained in either of these notices will require authorisation. It is the responsibility of the applicant (or appointed EAP) to investigate the need for authorisation of related activities.

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In the authorisation process, distinction is made between the activities listed in GN R 386 and those in GN R 387. For activities in GN R 386 a Basic Assessment process is required for authorisation, while activities in GN R 387 require Scoping and an EIA process. The purpose of a Basic Assessment process is to provide a mechanism for the complete but concise assessment of activities. Scoping and EIA is reserved for activities that have the potential to result in significant impacts, which are complex to assess and are likely to have more significant environmental consequences.

In cases where aquaculture development triggers more than one activity in the respective notices, all of these require authorisation. If any one of these activities is contained in GN R 387, a Scoping and EIA process will be required for such an authorisation process, regardless of the fact that same related activities are contained in GN R 386. Also note that DEA&DP may refer a Basic Assessments for an aquaculture activity into a Scoping and EIA process if the nature and/or impacts of the proposed project are not well understood, of a significant scale or unpredictable.

Generic guidelines on the Basic Assessment, Scoping and EIA processes can be obtained from DEA&DP.

3.2.1 IDENTIFYING ALTERNATIVES

An integral part of the authorisation process is the identification of alternatives. These may include alternatives in terms of:

a) The property or location of a proposed aquaculture activity,b) The type of activity (e.g. an alternative activity instead of aquaculture),c) The design and layout (e.g. an alternative production facility design),d) The technology to be used (e.g. an alternative water reticulation system), ande) The operational aspects of the activity (e.g. an alternative species).

Further information may be obtained by consulting the DEA&DP guideline entitled NEMA EIA Regulations - Guideline on Alternatives.

3.2.2 PARTICIPATION OF INTERESTED AND AFFECTED PARTIES

Public participation forms an integral part of any environmental authorisation process. In determining the scale of public participation, consideration must be given to:

a) The scale of the anticipated impacts of the planned aquaculture venture or project,b) The sensitivity and the degree of controversy in the venture or project; andc) The characteristics of the potentially affected parties.

In general, public participation must take place through the fixing of notice boards, the provision of written notices to the public and the applicable authorities and the placing of advertisements. These notices and adverts must contain details of the planned aquaculture venture or project and indicate where more information may be obtained.

Regulations 56 to 59 of the NEMA EIA Regulations contain details on the requirements for public participation. Further information may also be obtained by consulting the DEA&DP guideline entitled NEMA EIA Regulations - Guideline on Public Participation.

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3.2.3 OUTCOME OF THE AUTHORISATION PROCESS AND APPEALS

If successful, the authorisation process culminates in the issue of an Environmental Authorisation by the Department. This sets out the details, conditions, timeframes, management, monitoring, reporting and auditing requirements of an authorisation.

Any I&AP may appeal against an Environmental Authorisation. Such appeals must be lodged by firstly completing a Notice of Intention to Appeal followed by a NEMA Appeal Questionnaire. Further information may also be obtained by consulting the DEA&DP guideline entitled NEMA EIA Regulations - Guideline on Appeals.

3.2.4 AQUACULTURE EXPANSION ACTIVITIES

In instances where the expansion of aquaculture activities is planned by means of new construction, an increased footprint or by an increase in output, these planned activities require authorisation prior to commencement.

3.2.5 COMPLIANCE MONITORING AND AUDITING

If any competent authority reasonably suspects that the conditions of an Environmental Authorisation have been contravened, such a competent authority may request a written explanation for the alleged contravention or non-compliance. Furthermore, the competent authority may request an audit report on any harm (or suspected harm) to the environment.

3.2.6 GUIDELINES AND FORMS

Additional information on the authorisation process can be obtained from the EIA Regulations (i.e. regulations in terms of Chapter 5 of NEMA (GN R 385 of April 2006)). Associated with these regulations are the respective Listing Notices (GN R 386 and GN R 387 of April 2006).

The Department has developed a number of standardised notice and application forms, to ensure that applicants are well equipped to deal with the authorisation process. Associated with these forms are a set of guidelines and information documents, which provides information and guidance to applicants, EAP’s, authorities and I&AP’s on the procedures to be followed.

The respective guidelines and forms can be obtained from all DEA&DP offices or from the Departmental website: http://www.capegateway.gov.za.

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http://www.capegateway.gov.za/


SECTION 4: REQUIREMENTS AND APPROACH TO THE MARINE AND COASTAL MANAGEMENT BRANCH OF THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

4.1 INTRODUCTION

Through the provision of scientific liaison services, logistical, administrative and personnel management, MCM: DEAT advises DEAT on the development and conservation of marine and coastal resources to ensure the sustainable utilisation thereof, as well as to maintain marine ecosystem integrity and quality. Within this, MCM: DEAT provides national leadership in sustainable coastal development. The primary legislative frameworks used by MCM: DEAT in its responsibilities are the:

a) Marine Living Resources Act 1998 (Act No. 18 of 1998),b) National Environmental Management Act, 1998 (Act No. 107 of 1998),c) National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), andd) National Environmental Management: Protected Areas Act, 2003 (Act. No 57 of 2003).

MCM: DEAT is responsible for the management and regulation of the mariculture sub sector in South Africa. They have developed a draft policy for the creation of a sustainable marine aquaculture sub sector as well as a draft sector plan that provides a framework for mariculture activities. In terms of mariculture, MCM: DEAT are also involved in the following areas and functions:

a) Development of mariculture legislation,b) Regulation of the mariculture sub sector,c) Management and promotion of mariculture activities, d) Identification of suitable development nodes and opportunities for mariculture,e) Identification of suitable socio-economic opportunities within the mariculture sub sector,f) Monitoring of environmental impacts of mariculture activities,g) Monitoring of the socio-economic impact of mariculture initiatives,h) Providing support to socio-economic initiatives within the mariculture sub sector,i) Integrating activities and role players in the mariculture sub sector,j) Providing strategic guidance to partnerships within the mariculture sub sector, andk) Development of operational permit conditions for mariculture.


In order to obtain authorisation for a mariculture activity from MCM: DEAT a standard application form must be completed and submitted for consideration. The form is entitled, “Application for the allocation of a right/exemption to engage in mariculture activities, in terms of Section 13 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998)” and may be obtained from the MCM: DEAT offices. This form is also associated with a document entitled, “Guidelines on how to Apply for a Mariculture Right”.

Specific additional information requirements that should be submitted with the application form includes:

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a) A locality map for a selected and planned mariculture site,b) A valid lease agreement or consent to land use (refer to step 3 in the ten step integrated

authorisation process in section 2.3),c) A description of the selected site with an indication of the correct zoning for agricultural

use (refer to step 4 in the ten step integrated authorisation process in section 2.3),d) An authorisation from the applicable local authority for the proposed mariculture activity

(refer to steps 4 and 5 in the ten step integrated authorisation process in section 2.3),e) A company registration document and a valid tax clearance certificate, andf) A business plan for the mariculture activity, which should contain:

o Details of the nature and structure of the company, its shareholders, transformation and employment opportunities in the mariculture venture or project,

o Details pertaining to the selected mariculture species, including scientific names, common names and origin of the production stock. If imported species are considered, details must be provided of the measures that will be taken to avoid the introduction of exotic parasites and pathogens and the measures that will be taken to avoid establishment of the introduced species in the wild,

o Details of the intended scale, culture systems and methods of cultivation,o Means of preventing potential environmental impacts,o Details on the potential of pollution to the seawater,o An indication of any chemicals, fertilizers, hormones, etc. that will be used,o A broad marketing strategy and targeted markets.

Once a mariculture right has been obtained (valid for a period not exceeding 15 years), a mariculture permit (not valid for a period exceeding 12 months), is required in terms of Section 13 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998). Further permits for specific activities (e.g. import, export, transport, storage, sale, etc.) may also be required depending on the nature of the aquaculture activities. In the case of abalone farming a Convention on International Trade in Endangered Species (CITES) permit is also required.

As stated in section 2.3, the authorisation of any aquaculture activity is an integrated process in which various stakeholders have a role. Although MCM: DEAT are able to deal with much of the environmental aspects related to mariculture, they stand in a partnership with DEA&DP in the authorisation process governed by NEMA.

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SECTION 5: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF AGRICULTURE

5.1 INTRODUCTION

The Western Cape Department of Agriculture provides a range of development, research and support services in six main programmes, these being:

a) Agricultural economics, b) Farmer support and development, c) Structured agricultural training, d) Sustainable resource management, e) Technology, research and development, and f) Veterinary services.

Within these programmes this Department supports aquaculture by technology development (research), extension services, engineering, veterinary services and more.

The primary legislative frameworks used by the Department of Agriculture are the:

a) Animal Diseases Act, 1984 (Act No. 35 of 1984)(until repealed),b) Animal Health Act, 2002 (Act No. 7 of 2002),c) Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983),d) Animal Improvement Act, 1998 (Act No. 62 of 1998),e) The International Animal Health Code of the World Organisation for Animal Health (OIE -

Office International des Epizooties),


In terms of aquaculture development, this Department has a regulatory function over agricultural zoning, the protection of agricultural resources and animal health matters (i.e. veterinary matters). In this regard the following broad guidelines apply:

a) This Department must be engaged during the process of rezoning on, from or to agricultural land. Rezoning applications will be considered based on its social acceptability, economic viability, ecological feasibility, production potential and security,

b) The Plant Protection Services and Livestock Improvement of the National Department of Agriculture must be engaged for the import of live aquaculture organisms. The following application form must be completed and submitted to obtain the necessary approval:

o Application for the importation of animals and genetic material (in terms of the Animal Improvement Act, 1998 (Act No. 62 of 1998)).

c) The Veterinary Services of the Provincial Department of Agriculture must be engaged for the export of live aquaculture organisms. The following application form must be completed and submitted to obtain the necessary approval:

o Application to export animals / embryo's / ova / semen (in terms of the Animal Improvement Act, 1998 (Act No. 62 of 1998)).

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As stated in section 2.3, the authorisation of any aquaculture activity is an integrated process in which various stakeholders have a role. In this regard, the Department of Agriculture stands in partnership with DEA&DP in the authorisation process governed by NEMA.

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SECTION 6: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF WATER AFFAIRS AND FORESTRY

6.1 INTRODUCTION

Water is a scarce and unevenly distributed national resource that belongs to all people. In this regard, DWAF are mandated to protect, use, develop, conserve, manage and control South Africa's water resources in an integrated manner. In this, the equitable intensification of aquaculture must take place without undue impacts on water resources, on the fitness-for-use of water by other activities and on the greater environment.

DWAF supports the integrated and sustainable utilisation of water resources to address socio-economic development, food-security, human resource development and equitable access to water and the water-based economy. In parallel to this, they act as regulators of water resources.

The primary legislative framework used by DWAF is the National Water Act, 1998 (Act No. 36 of 1998).


In terms of using water for aquaculture purposes, such a use is categorised in the NWA as one of the following, for which authorisation is required:

a) The taking of water from a water resource,b) The storing of water,c) The impedance or diversion of water in a watercourse,d) The discharging of waste or water containing waste into a water resource through a pipe,

canal, sewer, sea outfall or other conduit,e) The disposing of waste in a manner which may detrimentally impact on a water resource,f) The disposing in any manner of water which contains waste from, or which has been

heated in, any industrial or power generation process, andg) The altering of the bed, banks, course or characteristics of a watercourse.

If any of the above water uses are incorporated into a planned aquaculture venture or project, one of the following authorisation types will apply:

a) A predetermined authorisation by means of the water use being classified as a Schedule 1 Use as defined in the NWA. This is limited to aquaculture activities wherein the use of water is integrated into the reasonable domestic use of water. This typically applies to very small aquaculture activities and requires no application for the authorisation of the water use.

b) A predetermined authorisation by means of the water use being classified as an Existing Lawful Use as defined in the NWA. This typically applies to the use of water, which was authorised prior to, and took place in the 2-year period preceding, the promulgation and commencement of the NWA. Although no application is required in this regard, it may be necessary to have a competent authority recognise such an Existing Lawful Use.

c) A predetermined authorisation by means of the water use being classified as a General Authorisation as defined in the NWA. General Authorisations intend to facilitate the

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legal access to water resources by eliminating the need for licence applications in instances where the potential harm to the water resources or the potential impact of pollution sources, are limited. In order to determine the applicability of this type of authorisation, the applicant must refer to the General Authorisations published in Government Gazette 26187. In the event of a General Authorisation, a standardised registration form must be submitted to DWAF.

d) An authorisation process to obtain a Water Use Licence as defined in the NWA. A licence is required in the event that a particular planned use of water for aquaculture does not meet the criteria for a Schedule 1 Use, an Existing Lawful Use or a General Authorisation. If a licence is required, a standardised licence application form must be submitted to DWAF together with a report containing at least the following information, which pertains to the proposed aquaculture activity:

o The aquaculture type in terms of it being a freshwater, marine water, brackish water or estuarine water based activity,

o The intended aquaculture species, o Whether the intended production species are exotic, indigenous, or indigenous

but extralimital,o The intended production capacity in tons per annum (round weight and

unprocessed),o The type of aquaculture production system in which the water will be used (e.g.

tank culture, raceways, pond culture or cage culture),o The type of internal water management system (e.g. through flow, re-circulation or

cage culture),o The type of post production water management system (e.g. biological filtration,

settlement systems, drum filters etc.), ando The intended feed quantity per annum and the feed type.

Guidance with regards to the authorisation of water uses for aquaculture can be obtained from all DWAF offices, from the Departmental website (www.dwaf.gov.za) and from the following documents which have been compiled by DWAF specifically for the aquaculture sector:

a) Operational Policy for the Use of Water for Aquaculture Purposes, andb) Guideline on Authorising the use of Water for Aquaculture

As stated in section 2.3, the authorisation of any aquaculture activity is an integrated process in which various stakeholders have a role. In this regard, DWAF stands in partnership with DEA&DP in the authorisation process governed by NEMA.

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http://www.dwaf.gov.za/


SECTION 7: REQUIREMENTS AND APPROACH TO CAPE NATURE

7.1 INTRODUCTION

CapeNature's vision is to establish a conservation-based economy in the Western Cape and to turn biodiversity conservation into a key component of the local economic development processes. In this regard, they strive to provide leadership and innovation in biodiversity management, to improve the reach and quality of biodiversity management and to promote equitable participation in the conservation economy.

The primary legislative frameworks used by CapeNature are the:

a) Western Cape Nature Conservation Law Amendment Act, 2000 (Act No. 3 of 2000),b) National Environmental Management Act, 1998 (Act No. 107 of 1998),c) National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), d) National Environmental Management: Protected Areas Act, 2003 (Act. No 57 of 2003),e) National Water Act, 1998 (Act No. 36 of 1998), andf) Marine Living Resources Act, 1998 (Act No. 18 of 1998).

CapeNature is also a local custodian of many international conservation and biodiversity based policies and conventions.


CapeNature has a primary role in the authorisation of aquaculture activities in that they are responsible for ensuring that biodiversity and ecological issues are adequately addressed. In this regard, the conservation of indigenous fish and fisheries is of particular importance and CapeNature must be engaged in the choice of aquaculture species and planned aquaculture development activities that have the potential to impact on sensitive areas.

CapeNature expects that a precautionary and risk-averse approach be adopted towards aquaculture development. In this regard, aquaculture proposals must demonstrate how:

a) Disturbance of ecosystems and biodiversity loss can be avoided, minimised or remedied, b) Environmental degradation can be avoided,c) Ecosystem integrity can be maintained,d) Environmental best practices can be implemented, ande) Particular attention is paid to planning and management around sensitive, vulnerable,

highly dynamic or stressed ecosystems.

Various activities that are related to the operation of aquaculture require permits or licences from CapeNature. These are:

a) An angling licence in cases where aquaculture organisms are caught from the wild,b) A permit for the export, import and transport of aquaculture organisms, andc) A permit for the captivity and keeping of wild fish and other aquaculture organisms.

As stated in section 2.3, the authorisation of any aquaculture activity is an integrated process in which various stakeholders have a role. In this regard, CapeNature stands in partnership with DEA&DP in the authorisation process governed by NEMA.

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SECTION 8: REQUIREMENTS AND APPROACH TO THE LOCAL AUTHORITIES

8.1 INTRODUCTION

Local authorities play an important role in local planning matters. In this regard, the planning of aquaculture activities in terms of zoning requirements, the approval of building plans and the provision of essential services must be done in consultation with the applicable local authorities.

The local authorities implement various planning ordinances and act as implementing agents for the legislative framework provided by the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985). This is particularly relevant to the zoning of land for any particular use.


Proponents of planned aquaculture activities must engage with the applicable local authorities in terms of:

a) Obtaining the correct zoning of any land earmarked for a planned aquaculture activity,b) Gaining approval for any building plans related to a planned aquaculture activity, andc) Gaining approval for the provision of essential services to a planned aquaculture activity.

As stated in section 2.3, the authorisation of any aquaculture activity is an integrated process in which various stakeholders have a role. In this regard, local authorities stand in partnership with DEA&DP in the authorisation process governed by NEMA.

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SECTION 9: APPROACH TO OTHER STAKEHOLDERS

Various government departments, parastatal organisations, tertiary institutions and other organisations play a significant role in the sector, especially in terms of facilitation. These additional stakeholders include:

a) National Departments:o The Department of Science and Technology (DST)o The Department of Trade and Industry (DTI)o The Department of Public Works (DPW)

b) Provincial Departments:o The Department of Economic Affairs

c) Other parastatal organisations:o South African National Parks (SANP)o South African Bureau of Standards (SABS)o The NEPAD Secretariat for Fisheries and Aquacultureo The National Agricultural Marketing Council (NAMC)o The South African Maritime Safety Authorityo The National Ports Authority (NPA)2

d) Tertiary institutionso The University of Stellenbosch (US)o The University of Cape Town (UCT)o The University of the Western Cape (UWC)o The Elsenburg Agricultural College

e) Other organisationso The Aquaculture Association of Southern Africa (AASA)o The Southern Aquaculture Working Group (SAWG)o The Abalone Farmers Association of South Africa (AFASA)o The Western Cape Trout Association (WCTA)o The Marine Finfish Farmers Association of South Africa (MFFASA)o The Tilapia Association of South Africa (TILASA)o WESGROo The Aquaculture Institute of South Africa (AISA)

Consultation with any of these stakeholders may assist with the comprehensive and integrated planning of a new aquaculture venture or project.

2 The NPA is a division of Transnet Limited, but should be consulted in all instances where mariculture activities are planned for, or may influence, harbours or ports.

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SECTION 10: SELECTED ASPECTS IN AQUACULTURE AUTHORISATION

Associated to this guideline is the document entitled Generic Environmental Best Management Practice Guideline for Aquaculture Development and Operation in the Western Cape. This related document covers all the details that require consideration during the formulation and authorisation of a newly planned aquaculture activity. These aspects include:

a) Integrated planning and project formulationo Considerations around the macro-planning environmento Aquaculture site selection criteria (micro-planning)o Determining the resource needs for a new aquaculture projecto Determining the scale of a new aquaculture operationo Considerations around the social environment

b) Environmental management in the operational aspects of aquacultureo Best practices towards the surrounding biophysical environmento Best practices towards the infrastructure environmento Best practices towards management of the production activities

c) Monitoring, auditing and review

The following matters should also be considered in the authorisation of aquaculture activities:

a) Wherever possible and legally required, new aquaculture ventures should strive towards the inclusion of Broad Based Black Economic Empowerment (BBBEE) and socio-economic enhancement of historically disadvantaged individuals and communities.

b) Where possible, new aquaculture ventures must strive for the creation of sustainable employment opportunities, the equitable use of resources, the transfer of skills, empowerment and contribution towards economic development.

c) Aquaculture is often technologically driven and the applicable authorities must remain open to the development of such new technologies and seek assistance where required (e.g. from tertiary institutions, AASA, and AISA).

d) Due to the technological nature of certain aquaculture types and the multiple stakeholders in the authorisation process, particular care must be taken to ensure that unskilled and historically disadvantaged individuals are accommodated in the sector.

SECTION 11: REVIEW AND UPDATE OF THE AUTHORISATION GUIDELINE

This guideline is intended as the foundation for the integrated authorisation process of aquaculture activities in the Western Cape. Due to changes in policies, legislation and authorisation processes, this guideline will require review and updating from time to time. DEA&DP will review and update this guideline as necessary.

SECTION 12: CONCLUSION

Following this guideline will assist prospective aquaculturists in gaining authorisation for their respective aquaculture activities. Furthermore, it will ensure that potential environmental

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impacts are minimised and it will equip the aquaculture sector with the required approach to address the environmental matters that are related to aquaculture development.

SECTION 13: ACRONYMS

AASA - Aquaculture Association of Southern AfricaAFASA - Abalone Farmer’s Association of South AfricaAISA - Aquaculture Institute of South AfricaBBBEE - Broad Based Black Economic EmpowermentBMP - Best Management PracticeCITES - Convention on International Trade in Endangered SpeciesDEA&DP - Department of Environmental Affairs and Development PlanningDEAT - Department of Environmental Affairs and TourismDPW - Department of Public WorksDST - Department of Science and TechnologyDTI - Department of Trade and IndustryDWAF - Department of Water Affairs and ForestryEAP - Environmental Assessment PractitionerEIA - Environmental Impact AssessmentGN - Government NoticeI&AP - Interested and Affected PartyMCM: DEAT -Marine and Coastal Management Branch of the Department of Environmental

Affairs and TourismMFFASA - Marine Finfish Association of South AfricaMLRA - Marine Living Resources Act, 1998 (Act No. 18 of 1998)NAMC - National Agriculture Marketing CouncilNEMA - National Environmental Management Act, 1998 (Act No. 107 of 1998)NEM: BA - National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of

2004)NEPAD - New Partnership for Africa’s DevelopmentNGO - Non-Government OrganisationNPA - National Ports AuthorityNWA - National Water Act, 1998 (Act No. 36 of 1998)OIE - Office International des EpizootiesSABS - South African Bureau of StandardsSANP - South African National ParksSAWG - Southern Aquaculture Working GroupTILASA - Tilapia Association of South AfricaUCT - University of Cape TownUS - University of StellenboschUWC - University of the Western CapeWCNCLAA - Western Cape Nature Conservation Law Amendment Act, 2000 (Act No 3 of

2000)WCTA - Western Cape Trout AssociationWESSA - Wildlife and Environment Society of South AfricaWTO - World Trade OrganisationWWF - World Wildfire Fund

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SECTION 14: GLOSSARY

Alternatives………………………………… Alternative options to any management, operation, location, design, technology or other element of an activity.

Aquaculturists……………………………… A person who practices aquaculture.Authorisation process For the purposes of this guideline, authorisation

process refers to all the various legislative permitting processes to be followed.

Biological filtration…………………………..The filtration of water by means of using micro-organisms such as algae and bacteria to absorb and assimilate accumulated nutrients.

Biophysical environment………………… The biological (i.e. living) and physical (e.g. soils, climate etc.) natural environment.

Cage culture………………………………...The practice of aquaculture within a defined pen or net cage or structure that is contained within a larger water body.

Capture fisheries…………………………… The harvesting of aquatic organisms from an environment in which no attempt has been made to manage or otherwise influence the organisms by containment, feeding or application of any husbandry techniques.

Competent authority………………………..An authority that has the expertise and legal mandate to perform a given function or service.

Conservation-based economy…………….Any economic sector or element, which is dependent on or linked to resources, which requires conservation.

Constitution………………………………… The Constitution of the Republic of South Africa, 1996.

Crustaceans………………………………...Any of various predominantly aquatic arthropods of the class Crustacea, characteristically having a segmented body, a chitinous exoskeleton, and paired, jointed limbs.

Cumulative impacts………………………...The net resultant impact of two or more elements or activities exerting respective individual impacts. This is used in the context of an impact that in itself may not be significant but is significant when added to the impacts of other activities.

Development nodes ……………………….Areas suited to clustered development through providing accessible resources, good infrastructure, markets, limited environmental impacts, etc.

Environmental Assessment Practitioner….A person meeting the criteria of sections 18 and 19 of the Regulations in terms of Chapter 5 of the National Environmental Management Act, 1998 (Act No. 107 of 1998)(NEMA) and as contained in Government Notice (GN) R 385 of April 2006).

Equitable…………………………………….Marked by or having equity; just and impartial.

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Essential services………………………... Infrastructure services such as roads, sewerage services, telecommunications, potable water and electricity.

Exotic species………………………………A species that is not an indigenous species; or an indigenous species translocated or intended to be translocated to a place outside its natural distribution range in nature, but not an indigenous species that has extended its natural distribution range by natural means of migration or dispersal without human intervention.

Historically disadvantaged…………………The socio-political disadvantage of certain demographic groups in South Africa caused by the previous political dispensation prior to democratisation in 1994.

Husbandry techniques……………………..Techniques used in production such as feeding, grading, housing, sampling, propagating, etc.

Infrastructure environment………………… All aspects associated with infrastructure and the related interactions between these infrastructure elements.

Interested and affected parties…………… All stakeholders that may have a general or specific interest in an activity or that may be influenced in any manner by an activity.

Intertidal zone………………………………. The area between the high water and low water marks.

Local authority………………………………A municipality or district municipal authority or council.

Macro-planning environment……………... All planning elements and interactions between these elements on a regional scale (e.g. on a provincial scale).

Mariculture…………………………………. The practice of aquaculture in the marine environment or an environment that replicates the marine environment.

Measured fresh and in the whole………… A term use to express the state of an aquaculture product; this state being the form in which the aquaculture product is in, at the instant that it is removed from the water in which it is produced.

Micro-planning……………………………... All planning elements and interactions between these elements on a specific localised scale (e.g. of a specific project site).

Molluscs……………………………………. Any of numerous invertebrates of the phylum Mollusca, typically having a soft un-segmented body, a mantle, and a protective calcareous shell.

Non-Government organisation…………… An organisation that is not directly part of the structure of government, but which fulfills a function in the general interest of society or part of society.

Parastatal organisations…………………...Any organisation, which is partly linked to the government through funding, responsibilities, management, mandates or any other means.

Polyethylene……………………………….. A polymer forming a plastic like material.

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Pond culture………………………………...The practice of aquaculture within a depression in the earth, which may be lined with any material to assist in waterproofing or the creation of a more suitable production environment.

Resource-based legislation………………. The suite of legislation, which governs, regulates, conserves and provides direction to the use of natural resources such as water and the environment at large.

Sea outfall………………………………….. A conduit, pipe or channel which leads water into the sea.

Stakeholder………………………………… Any person or organisation involved in an activity, influenced by an activity, with an interest in an activity or involved in authorisation of an activity.

Tank culture………………………………… The practice of aquaculture in any artificial tank system, which may be constructed from various materials such as glass, plastics, concrete etc.

Water-based economy……………………. Any economic sector or element, which is dependent on or linked to water resources.

Water management system……………….A system used to direct the flow or function of water to achieve a desired outcome. This may include internal reticulation systems, filtration systems, supply systems etc.

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best management practices for aquaculture - western cape€¦ · web viewworld aquaculture...

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