Draft Status Quo Report for the Pixley Ka Seme ... - SRK Consulting

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Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 2
1.2 Location of the PKSLM
The study area is located in south-eastern Mpumalanga,
one of the seven local municipalities in the Gert
Sibande District Municipality (GSDM) (see Map 1 and
Map 2). The PKSLM covers an area of 522,204
hectares (ha). Key towns include Volksrust,
Amersfoort, Daggakraal, Perdekop and Wakkerstroom
(see Map 3).
1.3 Importance of the PKSLM
The PKSLM area is characterised by many wetlands
and pan systems, and is an important water catchment
area. Many endemic and threatened grassland species
occur in the area and of particular significance are the
areas around Wakkerstroom and Luneburg. Agriculture
is the major contributor to the gross geographic product
(GGP) in the municipal area. There is also a high
potential for additional tourism and agriculture
development and growth in this area.
The PKSLM area is also strategically important because
it contains the sources of three river systems, including
an important source of water for the Gauteng region
(see Map 4).
1.4 Legal status of the PKSLM
A number of laws guide the protection and management
of PKSLM. It is important to provide the legal
framework within which the EMF operates as well as
other applicable legislation governing environmental
matters in South Africa. South Africa is also signatory
to a number of Conventions and treaties that are related
to environmental management that must also be
considered. Sections 1.4.1 to 1.4.18 provide a summary
of the most applicable legislation and agreements.
1.4.1 Constitution of South Africa (Act
No. 108 of 1996)
The Constitution is the over-arching framework of all
other legislation in South Africa and its primary goal is
to protect the rights of all citizens of the country. The
Constitution binds the legislature, the executive and all
organs of state.
In terms of the environment, the Constitution states
that:
(S24) Everyone has the right -
• to an environment that is not harmful to their health
or well-being; and
• to have the environment protected, for the benefit of
present and future generation through reasonable
legislative and other measures that –
‣ prevent pollution and ecological degradation;
‣ promote conservation; and
‣ secure ecologically sustainable development
and use of natural resources while promoting
justifiable economic and social development.
The Constitution aims to promote the integration of
environmental laws and protection of resources at all
levels of government and development and ensure
accountability, transparency and participation.
1.4.2 National Environmental
Management Act (Act No. 107 of
1998)
The objective of the NEMA is to provide for cooperative
environmental governance by establishing
principles for decision making on matters affecting the
environment, institutions that will provide co-operative
governance and procedures for coordinating
environmental functions of relevant organs of state.
NEMA establishes a number of principles that will
apply throughout South Africa to all organizations or
persons conducting activities that may have an impact
on the environment. These principles provide a general
framework for environmental planning and guide the
interpretation, administration and implementation of the
Act. Chapter 5 relates specifically to integrating
environmental management into the planning and
development process and to identifying, predicting and
evaluating the effects that policies, programmes and
plans may have on the environment.
Chapter 6 gives effect to the international agreements to
which South Africa is signatory to. Section 1.4.17 gives
more detail on these agreements.
Environmental Impact Regulations
The Minister of Environmental Affairs has identified
and listed certain activities which may have significant
negative effect on the environment. Any person who
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