bmp guidelines draft 15 decembe - planet.uwc.ac.za

DRAFT

Department of Environmental Affairs and Development Planning

Guideline to the Authorisation Requirements for Aquaculture in the

Western Cape

December 2006

Prepared by: Etienne Hinrichsen Division of Aquaculture: University of Stellenbosch

DRAFT – December 2006

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PREAMBLE ..................................................................................................................................................................8

EXECUTIVE SUMMARY .............................................................................................................................................9

SECTION 1: INTRODUCTION............................................................................................................................10

1.1 WHAT IS AQUACULTURE.....................................................................................................................101.2 THE STATUS OF AQUACULTURE.......................................................................................................101.3 THE OBJECTIVES OF THE AUTHORISATION GUIDELINE..............................................................111.4 LEGAL STANDING AND LEGISLATIVE MANDATES.........................................................................11

SECTION 2: OVERVIEW OF AQUACULTURE AUTHORISATION...............................................................12

2.1 GETTING STARTED - INTEGRATED PLANNING OF AQUACULTURE ..........................................122.2 STAKEHOLDER GROUPS IN AQUACULTURE AUTHORISATION..................................................132.3 TEN STEPS TOWARDS THE INTEGRATED AUTHORISATION OF AQUACULTURE ..................142.4 SELECTING THE APPLICABLE AUTHORISATION TYPES ..............................................................182.5 ENVIRONMENTAL PRACTITIONERS AND AQUACULTURE CONSULTANTS .............................182.6 USING BEST PRACTICE GUIDELINES IN AQUACULTURE AUTHORISATION ............................18

SECTION 3: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING.........................................................................................................19

3.1 INTRODUCTION .....................................................................................................................................193.2 AUTHORISATION REQUIREMENTS AND PROCESS.......................................................................193.2.1 THE BASIC ASSESSMENT....................................................................................................................203.2.2 IDENTIFYING ALTERNATIVES.............................................................................................................213.2.3 APPLYING FOR EXEMPTIONS.............................................................................................................213.2.4 PARTICIPATION OF INTERESTED AND AFFECTED PARTIES.......................................................213.2.5 OUTCOME OF THE AUTHORISATION PROCESS AND APPEALS.................................................223.2.6 AQUACULTURE EXPANSION ACTIVITIES.........................................................................................223.2.7 COMPLIANCE MONITORING AND AUDITING ...................................................................................223.2.8 GUIDELINES AND FORMS....................................................................................................................22

SECTION 4: REQUIREMENTS AND APPROACH TO THE MARINE AND COASTAL MANAGEMENT BRANCH OF THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM.....................................23

4.1 INTRODUCTION .....................................................................................................................................234.2 AUTHORISATION REQUIREMENTS AND PROCESS.......................................................................23

SECTION 5: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF AGRICULTURE.............25


SECTION 6: REQUIREMENTS AND APPROACH TO THE DEPARTMENT OF WATER AFFAIRS AND FORESTRY 26


SECTION 7: REQUIREMENTS AND APPROACH TO CAPE NATURE .......................................................28


SECTION 8: REQUIREMENTS AND APPROACH TO THE LOCAL AND DISTRICT AUTHORITIES ......29


SECTION 9: REQUIREMENTS AND APPROACH TO OTHER STAKEHOLDERS.....................................30

SECTION 11: SELECTED ASPECTS IN AQUACULTURE AUTHORISATION..............................................31

SECTION 13: REVIEW AND UPDATE OF THE AUTHORISATION GUIDELINE...........................................31

SECTION 14: CONCLUSION................................................................................................................................31


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ACRONYMS

AASA - Aquaculture Association of Southern Africa AFASA - Abalone Farmer’s Association of South Africa AISA - Aquaculture Institute of South Africa BBBEE - Broad Based Black Economic Empowerment BMP - Best Management Practice DEA&DP - Department of Environmental Affairs and Development Planning DEAT - Department of Environmental Affairs and Tourism DPW - Department of Public Works DST - Department of Science and Technology DTI - Department of Trade and Industry DWAF - Department of Water Affairs and Forestry EAP - Environmental Assessment Practitioner EIA - Environmental Impact Assessment GN - Government Notice I&AP - Interested and Affected Party MCM: DEAT - Marine and Coastal Management Branch of the Department of

Environmental Affairs and Tourism NDA - National Department of Agriculture NEM: BA - National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of

2004) NPA - National Posts Authority MFFASA - Marine Finfish Association of South AfricaNGO - Non-Government Organisation MLRA - Marine Living Resources Act, 1998 (Act No. 18 of 1998) NAMC - National Agriculture Marketing Council NEMA - National Environmental Management Act, 1998 (Act No. 107 of 1998) NEPAD - New Partnership for Africa’s Development NWA - National Water Act, 1998 (Act No. 36 of 1998) OIE - Office International des Epizooties SABS - South African Bureau of Standards SANP - South African National Parks SAWG - Southern Aquaculture Working Group TILASA - Tilapia Association of South Africa UCT - University of Cape Town US - University of Stellenbosch UWC - University of the Western Cape WCNCLAA - Western Cape Nature Conservation Lawn Amendment Act, 2000 (Act No 3

of 2000) WCTA - Western Cape Trout Association WESSA - Wildlife and Environment Society of South Africa WTO - World Trade Organisation WWF - World Wildfire Fund


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GLOSSARY

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

Aquaculturists……………………………… A person who practises aquaculture. Biological filtration………………………….. The filtration of water by means of using

microorganisms 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. Essential services………………………... Infrastructure services such as roads, sewage

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


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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.

Extralimital species………………………… An indigenous species to a country, but outside of its natural distribution range.

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 practise 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 fullfills a function in the general interest of society of 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. 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.


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Precautionary approach…………………… An approach in which no action is taken if the consequence of the action is unknown or uncertain.

Raceway culture…………………………… The practice of aquaculture within a structure which is generally elongated and in which the water displacement is very high.

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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RELEVANT CONTACT DETAILS

Department of Environmental Affairs and Development Planning

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

Department of Water Affairs and Forestry

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

Department of Agriculture

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

Marine and Coastal Management Branch: Department of Environmental Affairs and Tourism

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

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

Aquaculture Association of Southern Africa

C/O University of Stellenbosch, Department of Genetics Private Bag X1, Matieland, 7602 Tel: 021 808 5814 Fax: 021 808 5833 Web: www.aasa-aqua.co.za

Aquaculture Institute of South Africa

C/O Dept of Economic Development & Tourism PO Box 979, Cape Town, 8000 Tel: 021 483 9106 Fax: 021 483 9100 Web: www.ai-sa.org.za


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PREAMBLE

The Department of Environmental Affairs and Development Planning (DEA&DP or “the Department” hereafter) have compiled this Guideline to the Authorisation Requirements for Aquaculture in the Western Cape to assist stakeholders in the sector in compliance 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 the 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 role in the identification and understanding of potential environmental issues during the authorisation process for any aquaculture venture or project.


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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. The objective of the guideline is to provide clarity on the integrated authorisation of aquaculture. Although the guideline is not a legal instrument in itself, it provides guidance to achieving legal compliance with the resource-based legislation that influences aquaculture.

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 practises. The authorisation process itself is explained in ten integrated steps, these being:

a) Formulation of a proposed aquaculture project, b) Choosing of a candidate specie/s, 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 authorisation by DEA&DP requires a Basic Assessment, which is typically dealt with by an Environmental Assessment Practitioner (EAP). In this process a Basic Assessments Report needs to be compiled and submitted. DEA&DP have a comprehensive set of guidelines and standard forms to assist aquaculturists in the authorisation process.

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

If an aquaculturist intends to import or export aquaculture organisms, a permit application must be made to the Veterinary Services of the Department of Agriculture. Furthermore, this Department is active in aquaculture research and land use planning matters.

The Department of Water Affairs and Forestry (DWAF) is the custodian of water resources and define water use activities that may apply to aquaculture. Such water uses require authorisation by means of being classed as Schedule 1 uses, being classed as Existing Lawful uses, qualifying for a General Authorisation or by means of a Licence application.

CapeNature is primarily concerned with biodiversity conservation. In this regard the capture, movement and keeping of aquaculture organisms requires 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 play a significant role in the sector.


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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 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.

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


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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 titled 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 over which DEA&DP are 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, and c) 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 AQUACULTURE AUTHORISATION

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 titled 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. 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, and o 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, and o Human resource and skill requirements

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

In addition to the planning matters above, the document titled 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 AQUACULTURE AUTHORISATION

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

a) The Applicant or Prospective Aquaculturist, who is responsible for: 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 EAP as required for the completion of the 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 authorisation,

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

opportunity to participate in the authorisation process, and o Complying with the conditions of any authorisation granted.

b) The Environmental Assessment Practitioner (EAP), who is responsible for: o Ensuring that he / she is suitably qualified for conducting the required assessment

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

process, and o Providing the Department with access to all information at their disposal, regarding

the proposed activities and the application for authorisation.

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

authorisation process, within the timeframes that have been provided for, o Disclosing any issues which may be of significance in the authorisation, and o Disclosing any competitive or direct financial interest in the authorisation outcome.

d) The Government Departments and Authorities, who are responsible for: o Ensuring that adequately qualified officers or agents are available for the

evaluation of proposals and 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 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 that

may be required, 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, and o 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 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 15) are:

a) Step 1: Formulation of a proposed aquaculture project. This steps 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 a candidate specie/s. This step consists of the applicant (or a consultant) deciding upon an appropriate specie/s for an aquaculture project or venture and may require consultation with CapeNature, MCM: DEAT, the Department of Agriculture and this Department’s Veterinary Services. In all cases where the use of an exotic or extralimital specie/s is considered, these authorities must be approached to obtain the necessary authorisations to do so. Legal frameworks in terms of specie/s 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), and o Western Cape Nature Conservation Lawn Amendment Act, 2000 (Act No. 3 of

2000)(WCNCLAA). Specie/s choice and the legal frameworks above inform the 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 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 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, sewage 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 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 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 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 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 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.

g) Step 8: Environmental planning. If a planned aquaculture project or venture intends the production of more than 10 000 kg of aquaculture products per annum (measured fresh and in the whole), an application for authorisation must be made to DEA&DP in terms of the applicable regulations under NEMA (refer to section 3). If the intended production


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capacity is below this threshold, it 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 a suitably qualified EAP may be necessary.

h) Step 9: Permitting. This step does not necessarily make out 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).

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.

DR

AF

T –

Decem

ber

2006

17


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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, authorisation in terms of the regulations under NEMA will not be required if a planned aquaculture venture or project intends the production of less than 10 000 kg of aquaculture products (measured fresh and in the whole). In such a case, other authorisations may still be required from MCM: DEAT (i.e. in the case of a mariculture project), from DWAF for the use of water, from CapeNature for the transport of aquaculture organisms or from DEA&DP in terms of NEM: BA, for the use of exotic aquaculture species. Comprehensive consultation with the respective authorities may be required to determine which authorisations are applicable. The Aquaculture Association of Southern Africa (AASA) 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 direct the authorisation process. In the case of aquaculture 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 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 titled 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 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 activity follows 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.

In general, an environmental authorisation must be obtained in order to undertake any activity listed in GN R 386 and GN R 387 of 21 April 2006. Aquaculture, for which an authorisation is required as a distinct activity, has been listed in GN R 386 as follows:

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 procedure as described in regulations 22 to 26 of the environmental impact assessment regulations, 2006, promulgated in terms of section 24(5) of the act –

The construction of facilities or infrastructure, including associated structures or infrastructure, for aquaculture production, including mariculture and algae farms, with a product throughput of 10 000 kilograms or more per year;

Although aquaculture has been identified for authorisation, it is the responsibility of the applicant (or appointed EAP) to investigate the need for authorisation of related activities, which are in addition to the proposed aquaculture activities. To determine if any related


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activities require authorisation, the applicant (or appointed EAP) should study the activities listed in GN R 386 and GN R 387.

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 (including aquaculture) a Basic Assessment is required for authorisation, while activities in GN R 387 require Scoping and an Environmental Impact Assessment (EIA). The purpose of a Basic Assessment 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.

As aquaculture is subject to a Basic Assessment, only this process is covered here. Nevertheless, in cases where the nature and/or impacts of a proposed aquaculture venture or project are not well understood, of a significant scale or unpredictable, an application for authorisation may be referred to a Scoping and EIA process. Generic guidelines on the Scoping and EIA processes can be obtained from DEA&DP.

3.2.1 THE BASIC ASSESSMENT

In a Basic Assessment the steps can be summarised as:

a) The submission of a notice of intent to submit an application, b) The compilation and submission of a Basic Assessment Report, c) The review of the report and application by the Department for completeness, d) The consideration of the application with the following possible outcomes:

o Request for amendments or additional information from the applicant / EAP, o Request for specialist input or a specialists report on any specific matter, or o Direction of the applicant to Scoping and an EIA.

e) The further consideration of the application by the Department and issue of a decision. f) Notification to the applicant of the outcome, conditions and appeal provisions, g) Notification to the I&AP’s of the decision and appeal provisions, and h) Consideration of and response to any appeals received.

Below is a diagrammatic illustration of the Basic Assessment process:

o SPECIALIST STUDIES OR REVIEW

EAP/APPLICANT COMPILES BASIC ASSESSMENT REPORT WITH:

o PUBLIC PARTICIPATION (INCLUDING ORGANS OF STATE)

EAP/ APPLICANT SUBMITS NOTICE OFINTENT TO SUBMIT AN APPLICATION WITH:

o LAND ACCESS CONSENT o INDICATION OF APPLICATION FOR EXEMPTION

NOTICE IS CHECKED: o RECEIPT ACKNOWLEDGED (14 DAYS)o FILE REFERENCE NUMBER GIVEN o COMMENTS MADE

BASIC ASSESSMENT REPORT SUBMITTED

AUTHORITY REVIEW AND RESPONSE IN 30 DAYSAS FOLLOWS:

o ACCEPT

o AMEND AND/OR SUBMIT ADDITIONALINFORMATION

o REJECT

o REFER TO SCOPING AND EIA PROCESS

NOTIFY I&AP’S OF DECISION

NOTIFY APPLICANT OF DECISION


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3.2.2 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 systems), and e) The operational aspects of the activity (e.g. an alternative species).

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

3.2.3 APPLYING FOR EXEMPTIONS

In certain instances, an applicant may apply for an exemption from the authorisation process or an exemption from the use of an EAP. A notice of intent to do so must be submitted to the Department by completion and submission of the relevant section of the standard notice of intent to submit an application in the Basic Assessment process. This notice must provide reasons for the application in accordance with the requirements stipulated in Regulation 52(1) of the NEMA EIA Regulations.

Once received, the Department will review the application for exemption and may request additional information or a public participation process. Hereafter, the Department may issue a conditional exemption notice, which could be subject to review from time to time.

Further information may be obtained by consulting the DEA&DP guideline titled NEMA EIA Regulations - Guideline on Exemption Applications.

3.2.4 PARTICIPATION OF INTERESTED AND AFFECTED PARTIES

In a Basic Assessment, public participation is conducted prior to submission of the application. 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; and c) 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 titled NEMA EIA Regulations - Guideline on Public Participation.


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3.2.5 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 titled NEMA EIA Regulations - Guideline on Appeals.

3.2.6 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. Even if the individual phases of an aquaculture development are below the production threshold for authorisation under NEMA, the overall production of the combined phases will determine the requirement for an authorisation.

3.2.7 COMPLIANCE MONITORING AND AUDITING

If any competent authority reasonably suspects that the conditions of an Environmental Authorisation or Exemption 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.

3.2.8 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 is 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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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), and d) National Environmental Management: Protected Areas Act, 2003 (Act. No 57 of 2003).

MCM: DEAT is responsible for the management, regulation and development of the mariculture sub sector in South Africa. They have developed a policy for the creation of a sustainable marine aquaculture sub sector as well as a 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 and implementation of mariculture legislation, b) Regulation of the marine aquaculture 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, and k) 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 titled, “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.

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

a) A locality map for a selected and planned mariculture site,


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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, and f) 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 against 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.

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 is a provincial government department that provides a wide range of development, research and support services to the agricultural community within 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 Health Act, 2002 (Act No. 7 of 2002), b) Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983), c) Animal Improvement Act, 1998 (Act No. 62 of 1998), d) The International Animal Health Code of the World Organisation for Animal Health (OIE -

Office International des Epizooties), e) The Sanitary and Phytosanitary Agreement of the World Trade Organisation (WTO).


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 Veterinary Services of the Department of Agriculture must be engaged in the event that a planned aquaculture activity intends to import or export live aquaculture organisms. In either of these cases a standardised application form must be completed and submitted to obtain the necessary veterinary approvals. These forms are:

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

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

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 aquaculture, the use of water is defined in the NWA as being one of the following activities, for which authorisation is required:

a) The taking water from a water resource, b) The storing 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, and g) 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 additional 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 the promulgation and commencement of the NWA. Although no additional 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 legal access to water resources by eliminating the need for licence applications in instances


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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 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.), and o 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, and b) Authorisation Protocol on 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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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 Lawn 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), and f) 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, and e) 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, and c) 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 AND DISTRICT

AUTHORITIES

8.1 INTRODUCTION

Local authorities (including municipalities and district councils) 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 frameworks provided by the Western Cape Planning and Development Act, 1999 (Act No. 7 of 1999) as well as the Western Cape’s Provincial Spatial Development Framework.


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, and c) 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: REQUIREMENTS AND APPROACH TO OTHER STAKEHOLDERS

DEA&DP does not stand alone in its regulation of the aquaculture sector in the Western Cape Province. 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 WESGRO o The NEPAD Secretariat for Fisheries and Aquacultureo The National Agricultural Marketing Council (NAMC) o The Aquaculture Institute of South Africa (AISA) o The South African Maritime Safety Authority o The National Ports Authority (NPA)1

d) Tertiary institutions o 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 organisations o 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)

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

1 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 11: SELECTED ASPECTS IN AQUACULTURE AUTHORISATION

Associated to this guideline is the document titled 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 formulation o Considerations around the macro-planning environment o Aquaculture site selection criteria (micro-planning) o Determining the resource needs for a new aquaculture project o Determining the scale of a new aquaculture operation o Considerations around the social environment

b) Environmental management in the operational aspects of aquaculture o Best practices towards the surrounding biophysical environment o Best practices towards the infrastructure environment o Best practices towards management of the production activities o Best practices towards the surrounding social environment

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 or the Aquaculture Association of Southern Africa).

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 13: REVIEW AND UPDATE OF THE AUTHORISATION GUIDELINE

This guideline is intended as the foundation for the integrated authorisation 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 it becomes necessary.

SECTION 14: CONCLUSION

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

bmp guidelines draft 15 decembe - planet.uwc.ac.za

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