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

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SRK Consulting in association with BKS Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 7 to establish a regulatory framework for water services institutions to establish norms and standards with regards to the supply of basic water and sanitation services to the citizens of South Africa. Ultimately, through monitoring, gathering and reporting the relevant information to the minister, it provides the services to which citizens are entitled. 1.4.14 Development Facilitation Act (Act No. 67 of 1995) The Development Facilitation Act (Act No. 67 of 1995) (DFA) introduced extraordinary measures to facilitate and speed up the implementation of reconstruction and development programs and projects in relation to land. In doing so, it laid down principles governing land development throughout South Africa and provided for the establishment of a Development and Planning Commission for the purpose of advising government on policy and land development laws at national or regional level. It imposes on planning authorities an obligation to consider environmental aspects when deciding on an application for a change in land use. The conditions that may be imposed by the authority concerned must be brought in line with the “land development objectives which are inter alia to encourage the optimal use of natural resources and the need for sustainable utilisation of natural resources. The DFA gives the provincial tribunal the power to suspend the application of any laws (including NEMA) or plans in order to facilitate land development. and economic enhancement of local communities and ensure affordable access to essential services. 1.4.17 International Agreements South Africa is party to a number of multilateral and regional environmental agreements that set out obligations which are of relevance to the study area and its future management. A summary of major agreements is presented below. Rio declaration on Environment and Development, 1992 The Rio Declaration consisted of 27 principles intended to guide future sustainable development around the world. Agenda 21 Agenda 21 was established at the Rio Conference and provides a policy framework and action plan for sustainable development at global, national and regional levels. Local Agenda 21 entails the participation and co-operation of local authorities to develop their own Local Agenda 21 plans and strategies according to the region’s specific priorities and resources available. The plans need to be submitted by DEA and updated every five years. Convention on Biological Diversity, 1992 The Convention on Biological Diversity has three main objectives. These are to: • Conserve biological diversity; 1.4.15 Municipal Structures Act (Act No. 117 of 1998) The Municipal Structures Act requires the municipality to develop an SDF as part of its IDP, which must include the provision of basic guidelines for a land use management system in the municipality. The Act also makes provision for the appropriate division of powers and electoral systems. 1.4.16 Municipal Systems Act (Act No. 32 of 2000) The Act looks at the legal nature and internal relationships of municipalities, municipal powers and functions. It aims to provide for core principles, mechanisms and processes that are necessary to enable municipalities to move progressively towards the social • Use biological diversity in a sustainable fashion; and • Share the benefits of biological diversity fairly and equitably. The underlying principle of this Convention is that states have the sovereign right to exploit their own resources, but that activities within a country should not cause damage to their environments and those of other states. Article 8 provides that: Each Contracting Party shall, as far as possible and as appropriate: (c) Regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use; KILI/BEAT G:\404946_PIXLEY EMF\7REPORTS\Status Quo report\Draft report\Draft status quo report, July 2010.docx July 2010
SRK Consulting in association with BKS Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 8 (f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies; and (g) Develop or maintain necessary legislation and/or regulatory provisions for the protection of threatened species or populations. Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention), 1979 The Bonn Convention aims to conserve terrestrial, marine and avian migratory species throughout their range. To avoid the migratory species from becoming endangered, the parties must: • Conserve or restore the habitats of endangered species; • Prevent, remove, compensate for or minimise the adverse effects of activities or obstacles that impede the migration of the species; and • Prevent, reduce or control factors (to the extent feasible and appropriate) that are endangering or are likely to further endanger the species. Several Agreements have been concluded to date under the auspices of the Convention for specific species or groups of wildlife within a particular area such as the African-Eurasian Migratory Waterbirds. In addition, several Memoranda of Understanding (MoU) have been concluded to date under the Convention such as Marine Turtles of the Atlantic Coast of Africa MoU. Convention on the Illegal Trade in Endangered Species (CITES), 1973 International trade in wildlife and wildlife products is regulated through the Convention on International Trade in Endangered Species of Wild Fauna and Flora which accords varying degrees of protection to more than 30,000 species of animals and plants to ensure that trade does not threaten their survival. South Africa ratified CITES in 1975 and is a significant importer and exporter of CITES-listed species. Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal (1989) The Basel Convention was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries. It does not, however, address the movement of radioactive waste. The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure the management of waste occurs as close to the source of the waste, and to assist less developed countries in managing hazardous and other wastes in an environmentally-sound fashion. Convention Concerning the Protection of the World Cultural and Natural Heritage (1972) The Convention aims to encourage the identification, protection, and preservation of earth’s cultural and natural heritage. It recognizes that nature and culture are complementary and that cultural identity is strongly related to the natural environment in which it develops. The Convention provides for the protection of those cultural and natural 'properties' deemed to be of greatest value to humanity globally. United Nations Convention to Combat Desertification, 1994 The Convention to Combat Desertification (CCD) promotes effective action to prevent land degradation through innovative local programmes and a network of international partnerships. The CCD recognizes that efforts to combat desertification should complement efforts to protect biodiversity. The CCD advocates international co-operation and an integrated approach that is consistent with Agenda 21 of the Convention on Biological Diversity. Although the CCD addresses the specific problem of desertification and drought, it also advocates research into the causes of desertification and the implementation of action plans. The Convention on Biological Diversity, having a wider scope that concentrates on habitat and ecosystem conservation, works collaboratively with the CCD by recognizing the importance of understanding the value of land and scarce water resources. Convention on the Conservation of Wetlands especially as Waterfowl Habitat (Ramsar), 1971 The Convention provides a framework for national action and international cooperation for the conservation and wise use of wetlands for the benefit of humankind. The ‘wise use’ concept refers to the maintenance of the wetlands ecological character which KILI/BEAT G:\404946_PIXLEY EMF\7REPORTS\Status Quo report\Draft report\Draft status quo report, July 2010.docx July 2010
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Draft Status Quo Report for the Pixley Ka Seme ... - SRK Consulting

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