Environmental Report
WESSA:KZN Conservation Quarterly Report - October 2010 - December 2011
by Bianca McKelvey: Conservation Manager
Coastwatch KZN
Coastwatch‘s concerns around increasing marine pollution are growing, in view of the result of the continued reports of non-compliance, and the latest studies assessing the impacts of the disposal of industrial and wastewater effluent through the various outfall pipelines along the KZN coast. Coastwatch intends to conduct a review of the compulsory monitoring results of the last decade, to begin to assess the trends in the cumulative environmental impacts of these outfalls and the associated risks.
While some of this information has readily been made available to WESSA and Coastwatch, much of the information is being completely or partially withheld by the owners and operators of the outfall pipelines, as well as the Department of Water Affairs (the authorizing agent who issued the current li cences under which the outfalls are operated).
Given that the outfall operators have been granted licences to release pollutants into the sea – a communal resource with a massive number of users and user groups that are affected by water quality – it is a serious concern that information directly affecting the health of the marine environment should be withheld. The communication of the nature and significance of water quality impacts is mandatory under the licences granted to most outfall operators, and given that this information is considered to be in the public domain, we question the reluctance of government and industry to permit access to the information, and will continue to pursue this.
Official/Public Participation Forums
Provincial Coastal Committee
KwaZulu-Natal's informal, interim Provincial Coastal Committee has not met this quarter, or for the last three quarters, pending the appointment of a fully constituted PCC by the MEC. In the interim, the Department of Agriculture, Environmental Affairs and Rural Development are making progress towards implementation of the recently commenced Integrated Coastal Management Act, and WESSA has been providing input on the Department's processes to achieve this. However, there is an increasing need for a forum where all stakeholders can effectively communicate coastal issues across sectors, and it is our intention to motivate an informal meeting of the interim PCC on this basis.
KwaZulu-Natal Stream Flow Reduction Activities Licence Assessment Advisory Committee
WESSA currently attends the KZN Stream Flow Reduction Activities Licence Assessment Advisory Committee (SFRA-LAAC) as an Observer, as has raised a number of issued of concern with the Committee and with the Department of Water Affairs, as the lead agent. Of particular concern are the on-going reports of expanding unlawful timber plantations in the freshwater catchments affecting the iSimangaliso Wetland Park, given the probable impact that a lack of regulation or enforcement is likely to have on the unique lake systems within the World Heritage Site.
Licence Advisory Forums and stakeholder forums for marine outfall pipelines
While there have been a few reports of non-compliance in the usual frequencies, it is of particular concern that the specialist studies for monitoring the physico-chemical and biological impact of the marine outfall pipelines along the KZN coast appear to be showing a trend of increasing pollution. Although the reported increases in the extent and severity of pollution are reportedly small, in some cases this now means that the water quality outside of the designated “sacrificial zone” does not comply with the conditional authorization by the Department of Water Affairs. The Coastwatch project intends to undertake a review of the last decade of results in the coming months.
KwaZulu-Natal Wetland Forum
The KwaZulu-Natal Wetland Forum met this quarter, and WESSA: KZN has committed to supporting this forum into the future. We are hoping to see the provincial forum becoming increasingly active, and look forward to the 2011 national meeting to be held in KZN.
Workshops
Water Resources for Poverty Alleviation
WESSA: KZN attended an interesting workshop on Integrated Water Resource Management (IWRM), hosted by the Department of Water Affairs, which aimed to establish a dialogue across sectors, on the protection and management of water resources in achieving food security and sustainable livelihoods. This was attended by officials, NGO's and community representative from across South Africa, who shared their challenges and experiences with the participants. This workshop provided key insights into the IWRM process, but more importantly, provided key insights into the reasons behind the success or failure of community-based projects that depend upon the availability of safe and unpolluted water.
Environmental Impact Assessment (EIA)
WESSA comments
WESSA provided comment on over 150 new development proposals in KZN in 2010, and continued to engage with over 100 development proposals from 2009 and earlier that were still active during the year. In addition, there were 30 development proposals where we continued to engage after the application had been approved (or refused).
The trends in development proposals remain fairly constant, with residential development making up the largest proportion of the projects, being followed by service infrastructure (for example, water supply, sewage treatment and reticulation), and then industrial and commercial development. Of concern is that in the coastal zone, we still receive a number of proposals for inappropriate development within areas of high vulnerability to coastal erosion, despite this being in contradiction of the letter and spirit of our environmental legislation and policy.
Highlights
Mtunzini Aqua Park Appeal: WESSA and Coastwatch have appealed against the environmental authorization of a housing development in the floodplain of the Umlalazi Estuary, which is proposed at the former prawn farm in Mtunzini. WESSA has also challenged the defensibility of the Record of Decision, given that the Department had based its decision on incorrect information, and had potentially placed itself in a conflict of interest during the assessment process. We await a response from the MEC.
Canonbrae residential development Appeal: WESSA and Coastwatch have appealed against the environmental authorization of a residential development, including approximately 1600 houses, without any means for the treatment and final disposal of sewage generated by the development. The local wastewater treatment works are currently over-capacity and cannot meet the required water quality targets for treated effluent, and the decision required the proposed development to be contingent upon a further authorization process for the new proposed wastewater treatment works inappropriately located within the floodplain of the Mkomazi Estuary.
Richards Bay Minerals' proposed expansion: WESSA received a notification from Richards Bay Minerals (RBM) that it intended to extend its mining operations into two “new” sites, referred to as “Zulti North” and “Zulti South” extension. RBM intended to apply for prospecting rights on these two areas, which are immediately adjacent to the iSimangalio Wetland Park World Heritage Site for the northern site, and the Richards Bay Game Reserve and uMhlathuze Estuary for the southern site.
Both of these sites are clearly fatally flawed given that the prospecting activities (let alone the possible future mining) would result in significant, permanent damage to critical ecosystems that are linked to these protected areas. RBM representatives have stated that RBM was aware of the environmental sensitivities; it is pertinent that these issues were raised in RBM's initial application(s), which saw these two areas specifically excluded from mining related activities.
In addition to the potential environmental impacts, the process itself has been flawed; RBM had been tardy in acting on its instructions from the Department of Mineral Resources to conduct public participation processes on these applications, and the invitation to comment was poorly advertised and the public comment period was unreasonably short.
After objections by WESSA and Coastwatch and others (including the World Heritage Site's Authority and Ezemvelo KZN Wildlife), the comment period was extended. In addition, RBM has elected to withdraw their application for the “Zulti North” site adjacent to iSimangaliso, although there is no indication of whether this is a permanent retreat. The application for “Zulti South” is being pursued, and WESSA and Coastwatch will continue to engage with RBM, the relevant authorities, and the Zululand stakeholders, who have been uncompromising in challenging this ill advised application.
Exxaro dune mining EIA: Exxaro is currently conducting an EIA process, together with a water-use licence application and a prospecting application, for its intended dune mining operations immediately south of the town of Mtunzini. This mining operation would extend over the vast majority of the Siyaya catchment (including areas close to the Twinstreams Centre), with large slimes dams extending over large areas that cross the watershed between the Siyaya and the Amatikulu. Although the current land-use is predominantly timber, the mining operations have the potential to effect major changes to the hydrology of the catchment, which is already severely water stressed. WESSA, together with the Conservancy and local residents, is advocating that any activities in this catchment should be moving us towards the desired state of the Siyaya, as signed off by the Minister for Water Affairs under the National Water Act.
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[i] CSIR, May 2010, Sea Disposal of Sewage: Environmental Surveys in the Durban Outfalls Region: Report Number 28: Surveys made in 2009, Non-Technical Summary, Report Number CSIR/NRE/ECO/CO/2010/0067/A, prepared for Water and Sanitation eThekwini Municipality.
WESSA: KZN Conservation Report Third Quarter 2010 (July – September 2010)
By Bianca McKelvey
Protected Areas
Ndumo Game Reserve:With the on-going escalation of unlawful incursions into the Ndumo Game Reserve, and after repeated interactions with Ezemvelo KZN Wildlife and the Department of Agriculture, Environmental Affairs and Rural Development, WESSA: KZN determined that effective intervention was most likely to find success only with the highest level of intervention. Through the CEO, WESSA: KZN has therefore requested the intervention of the Premier and the State President, and appealed to them to restore law and order in the area, as a prerequisite for constructive discussions and negotiations between affected parties. We remain at the ready to respond to any request for assistance from the authorities in facilitating discussions or supporting any joint forums that may be necessary in the resolution of this crisis situation.
TC Robertson Nature Reserve:
A team of WESSA: KZN staff visited the TC Robertson Nature Reserve in September to review the work done by the TCRNR manager and management committee; a visit reported on by the local press. This was a very informative visit and we are looking forwards to a number of positive enhancements of the work already underway through improved communications with neighbouring property owners and managers, and the development of a protected area management plan, to guide decision-making and ensure effective communication between all stakeholders at TCRNR.
Forums, workshops and training days
Coastwatch:The Coastwatch meeting in August was somewhat abbreviated, and was held as an extension to Di Dold’s farewell breakfast. However, we did cover a number of standing items and hope to see actions specific to marine outfall pipelines, and compliance monitoring and enforcement in the near future.
Marine outfall pipelines: License Advisory Forums:
WESSA continues to attend the LAF’s for marine outfall pipelines along KZN’s coastline. Subsequent to the Umbogintwini Industrial Complex LAF in August, a site visit to the Complex was requested, and the Conservation Manager spent a day with the staff involved gaining a better understanding of the history of the Complex, the operations on the site, and the nature and management of the effluent generated by the site and disposed of to sea; this insight will be valuable in the interrogation of the monitoring reports to be presented at future LAF’s.
Bats forum:
At the second meeting of this informal forum, led by WESSA:KZN, we are looking forward to the assistance of independent specialist, Ms Kate Richardson, in the compilation of a generic terms of reference for specialist bat studies. This will be used by WESSA, and by authorities such as Ezemvelo, to ensure that impacts upon KZN’s bat populations are properly assessed where new development is considered or proposed. This coincides with the launch of the long-awaiting “bats book”, Bats of Southern and Central Africa: A Biogeographic and Taxonomic Synthesis, which will be very instructive in conservation matters.
EIA Regulations Open Day:
A number of WESSA staff attended that EIA Regulations Open Day to receive copies of the new regulations governing EIA’s and public participation in EIA related processes. The new regulations impose some new administrative conditions on WESSA’s work with EIA’s, which we continue to adapt to.
Provincial Coastal Committee:
While the interim PCC has not met for over six months, WESSA: KZN was invited to attend a series of focus group meetings, along with other long-standing members of the PCC, to determine the structure and terms of reference for the proposed PCC, to be formally constituted by the MEC. This proposed structure is being submitted to the MEC for ratification, and WESSA looks forward to the formal constitution of the PCC.
Mzimkhulu Resource Quality Objectives test case:
WESSA: KZN attended a test case workshop for the development of Resource Quality Objectives for the Mzimkhulu River catchment, facilitated by the INR. This workshop aimed to pilot the methodology for RQS development for all catchments in the province; an exercise required by the National Water Act. This was an interesting workshop and we understand the outcomes to have refined and improved the proposed methodology. We look forward to seeing more workshops of this nature being conducted through the DWA.
Reviews
Living in the Coastal Zone:The DAEA&RD together with ORI is in the process of developing a guide booklet for people living and recreating in the coastal zone. In addition to providing information and insight into the drivers of coastal processes, this booklet aims to educate people about the consequences of their actions, and to provide a summary guide of behaviour do’s and don’ts in the coastal zone. WESSA was requested, as part of a small group, to review the draft document. We have made a series of comments and suggestions that have been well received, and we hope to see this publication soon.
Setting coastal setback lines:
WESSA: KZN, along with key coastal authorities and stakeholders, was invited to participate in a discussion to develop the terms of reference for the development of the provincial coastal setback lines. These setback lines (under the Integrated Coastal Management Act), will determine no-development zones, as well as limited/restricted-development zones along the coast, that function to safeguard the natural coastal processes and ecological integrity of the coastal zone, but also to ensure effective and equitable access to the coast and its benefits. WESSA’s inputs were well received and we look forward to continuing to influence this process to safeguard the values of our unique coastline.
Reactive work: EIA statistics
WESSA:KZN commented on a total of 33 new development applications in this quarter. These applications continue to demonstrate that residential development is still the dominant type of land-use change under application in the province, followed by infrastructure development such as roads.Reactive work: highlights
Sandwinning on the uMdloti Estuary:
WESSA: KZN has facilitated a coordinated response to on-going and new unlawful and non-compliant sandwinning operations on the uMdloti River. We have established a communication network including the Department of Mineral Resources, the Department of Agriculture, Environmental Affairs and Rural Development, the Department of Water Affairs, the eThekwini Municipality, Ezemvelo KZN Wildlife, the Conservancy, and local residents, in order to establish what sandwinning activities are taking place, to monitor on-going activities, and to facilitate a coordinated an timeous response to unlawful activities by the authorities. Unfortunately, although we have been successful in bringing activities of concern to the attention of the authorities, and in finding their support for compliance enforcement, on-going sandwinning activities continue to result in serious environmental damage, which is being continually escalated.
King Shaka International Airport:
WESSA has been invited to several forums around the environmental impact and environmental management of the new King Shaka International Airport. After supporting the local Conservancy’s call for urgent discussions ahead of the arrival of the Ban Swallows in September/October (a migratory population of approximately 3 000 000 birds), we joined an information sharing meeting on the KSIA’s preparations and mitigatory measures, as well as reviewing the environmental management status quo and future plans for the operational phase. Although much effort has gone into preparing for the arrival of the celebrated birds, it has been disappointing that the KSIA is non-compliant in some many of its environmental management requirements, and that there are many areas of the property that are not being effectively managed to avoid environmental degradation. One of the aspects currently under discussion, is the requirement to rehabilitate large areas within the property/ies, where the plans being prepared by ACSA conflict significantly with the Record of Decision for KSIA, and are causing a great deal of conflict. WESSA will continue to work closely with all stakeholders.