Water Resource Protection in South AfricaWater Resource Protection in South Africa

55thth World Water Forum – Istanbul, Turkey World Water Forum – Istanbul, Turkey

16-22 March 2009 16-22 March 2009

Harrison Pienaar - Department of Water Affairs and Forestry Harrison Pienaar - Department of Water Affairs and Forestry

Stanley Liphadzi - Water Research CommissionStanley Liphadzi - Water Research Commission

Legal Framework for Water Resource Protection (WRP) Legal Framework for Water Resource Protection (WRP) Contextualizing Water Resource Protection Contextualizing Water Resource Protection Giving Effect to WRP - Progress to Date Giving Effect to WRP - Progress to Date Remarks Remarks

Environmental Flows – A Research Perspective Environmental Flows – A Research Perspective Ecosystem Goods and Services Ecosystem Goods and Services Environmental Flows Benefits Environmental Flows Benefits Concluding RemarksConcluding Remarks

Presentation Outline

Legal Framework for WRP in SALegal Framework for WRP in SA

Chapter 18 of Agenda 21

(14 June 1992)

Constitution of the RSA

(Act No 108 of 1996)

Water Law Principles

(November 1996)

White Paper on National Water

Policy of SA (April 1997)

National Water Act (NWA)

(Act No 36 of 1998)

Water Resource Protection

(Chapter 3 of NWA)

Contextualizing Water Resource Contextualizing Water Resource Protection Protection

Gazette Gazette classification classification

systemsystemClassify each Classify each

significant resourcesignificant resource

Establish resource Establish resource quality objectivesquality objectives

Determine the Determine the ReserveReserve

Resource DirectedResource DirectedMeasuresMeasures

4

1

3

2

Classification of Water Resources Classification of Water Resources

Future state

ClassificationClassification

Present state

Level of protection

How much water can be used

Gazetting of Classification SystemGazetting of Classification System

Section 12 of NWA provides that the Minister must prescribe a Section 12 of NWA provides that the Minister must prescribe a system for classifying water resources – requires gazetting the system for classifying water resources – requires gazetting the water resources classification (WRCS)water resources classification (WRCS)

The gazetted WRCS will provide a The gazetted WRCS will provide a definition of the classesdefinition of the classes that are that are to be used and the to be used and the procedures to be followedprocedures to be followed to recommend a class to recommend a class

WRCS needs to be published in the Government Gazette for WRCS needs to be published in the Government Gazette for comments for not less than 60 dayscomments for not less than 60 days

All comments received will be recorded and consideredAll comments received will be recorded and considered

7-Step Classification 7-Step Classification ProcedureProcedure

• Water resources classification system to comprise of: Water resources classification system to comprise of: – Biophysical aspectsBiophysical aspects– Socio-economic status and trends Socio-economic status and trends – Delineation of water resource units Delineation of water resource units – Functional relationship between resource units Functional relationship between resource units – Develop alternate scenarios and outline their possible implications Develop alternate scenarios and outline their possible implications – Evaluate with stakeholders and make recommendationEvaluate with stakeholders and make recommendation– Authority makes decision on class Authority makes decision on class

Management Ecological classification

Natural A

Moderately used/impacted AB,B, BC, C

Heavily used/impacted CD, D

Unacceptably degraded EF, F

Resource Quality Objectives Resource Quality Objectives

Numerical and narrative descriptors of the conditions Numerical and narrative descriptors of the conditions that must be met to achieve the recommended that must be met to achieve the recommended ecological management scenarioecological management scenario

Based on formally accepted departmental policy Based on formally accepted departmental policy statements, methodologies or publicationsstatements, methodologies or publications

Giving Effect to WRP – Progress Giving Effect to WRP – Progress

Implementation spans across several sectors and govt. departments

Different govt. depts. have equally strong mandates Roles and responsibilities not always clearly defined

DWAF - primarily water resource management DEAT - biodiversity conservation NDA/LA - land management DPLG - development planning across government

Initiatives mostly reflect needs specific to one dept. or sector

Collaboration between depts. or sectors easily complicated Cooperative governance inevitable to facilitate effective

implementation DWAF has strong mandate wrt. water resource protection

(chapter 3 of NWA)

Remarks

Implementation of protection provisions in Implementation of protection provisions in NWA NWA Integration of decision-making processesIntegration of decision-making processes Strategies to be technically sound (scientific and Strategies to be technically sound (scientific and

legal)legal) More vigorous implementation crucial More vigorous implementation crucial

Environmental Flows – Research Perspective

South Africa has been active in E-flows research for South Africa has been active in E-flows research for years years

Environmental flows understandably linked to socio-Environmental flows understandably linked to socio-economic growth and development economic growth and development

Government and water institutions have e-flows related Government and water institutions have e-flows related programmes/departmentsprogrammes/departments

There is effort to empower local communities and users There is effort to empower local communities and users in managing their catchmentsin managing their catchments

Have began to acknowledge our limitations or short Have began to acknowledge our limitations or short comingscomings

Strong research programmes and leadershipStrong research programmes and leadership

Ecosystems Goods and Services

This must be done in the African (South African) contest- This must be done in the African (South African) contest- to be relevant and credibleto be relevant and credible

Working for Water and Working for Wetlands programmes Working for Water and Working for Wetlands programmes had projects that advanced payment for ecosystem had projects that advanced payment for ecosystem services (PES) and benefited local communities too: services (PES) and benefited local communities too: Increased water services and goodsIncreased water services and goods Rehabilitation (job and wealth creation)Rehabilitation (job and wealth creation) Downstream users compensate /pay landowners for Downstream users compensate /pay landowners for

the good stewardship of the land (natural capital)- the good stewardship of the land (natural capital)- Government carry the costsGovernment carry the costs

More still has to be done especial to accommodate More still has to be done especial to accommodate intangible benefitsintangible benefits

Environmental Flows Benefits

Africa’s Economy depends on WaterAfrica’s Economy depends on Water Imagine the National Parks without waterImagine the National Parks without water

Biodiversity / wild lifeBiodiversity / wild life TourismTourism JobsJobs GDP of the countryGDP of the country

Baseflows are important in rural areas (people, Baseflows are important in rural areas (people, livestock/agric, and businesses)livestock/agric, and businesses)

Strengthen relationships between neighboring countriesStrengthen relationships between neighboring countries Removes water from the political arena (Quality and Removes water from the political arena (Quality and

quantity are equal important)quantity are equal important)

Concluding Remarks

Redressing past inequities in water allocation and Redressing past inequities in water allocation and ensuring equity between generations simultaneously ensuring equity between generations simultaneously

Ensuring “some for all forever”, together Ensuring “some for all forever”, together Protection often viewed as competing with socio-Protection often viewed as competing with socio-

economic needseconomic needs Administrative capacity to implement protection Administrative capacity to implement protection

provisions of water legislation provisions of water legislation Linking water resource protection to water services Linking water resource protection to water services

provision criticalprovision critical

THANK YOU!THANK YOU!