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Section C - Mossel Bay MSDF - EMF - Version 2 - 2023 - PPP

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42 views97 pages

Section C - Mossel Bay MSDF - EMF - Version 2 - 2023 - PPP

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rehumilemokoena
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© © All Rights Reserved
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SECTION C

ENVIRONMENTAL
MANAGEMENT VISION
AND DIRECTIVES

MOSSEL BAY MUNICIPALITY


DRAFT SPATIAL DEVELOPMENT FRAMEWORK / ENVIRONMENTAL MANAGEMENT FRAMEWORK

AMEWORK
SECTION C – ENVIRONMENTAL VISION, OBJECTIVES, POLICY AND STRATEGIES
2023
DRAFT MOSSEL BAY ENVIROMENTAL MANAGEMENT FRAMEWORK - SECTION C 2023

Contents
1. INTRODUCTION................................................................................................................................................................................................... 4
2. PURPOSE AND OBJECTIVES ............................................................................................................................................................................. 5
2.1. Purpose ........................................................................................................................................................................................................ 5
2.2. Strategic objectives ................................................................................................................................................................................. 7
3. STRATEGIC ENVIRONMENTAL MANAGEMENT PLAN (SEMP) ................................................................................................................. 10
3.1 Overview of the SEMP ............................................................................................................................................................................ 10
The SEMP therefore comprises the following: ............................................................................................................................................. 11
3.2 Environmental Management Zones/ Spatial Planning Categories (EMZs/SPCs) .................................................................. 11
3.3 Description of EMZs/SPCs...................................................................................................................................................................... 18
3.4 Management guidelines for the EMZs/SPCs ................................................................................................................................... 19
3.5 Environmental Management Zones/Spatial Planning Categories – Attributes and Actions ............................................. 23
3.5.1. Conservation EMZs/SPCs: Core 1 and Core 2............................................................................................................................. 23
3.5.2. Core 1 EMZ/SPC ................................................................................................................................................................................... 25
3.5.3. Agriculture EMZ/SPC .......................................................................................................................................................................... 41
3.5.4. Urban Development EMZ/SPC ......................................................................................................................................................... 46
3.5.5. Controlled EMZ /SPC .......................................................................................................................................................................... 52
4. Urban Areas / Urban Edges ......................................................................................................................................................................... 58
5. General Guidance for EIA Process ............................................................................................................................................................ 73
5.1. Use of the EMF .......................................................................................................................................................................................... 73
5.2. Roles and responsibilities ...................................................................................................................................................................... 74
5.3. Decision-making framework ............................................................................................................................................................... 78
5.4. Using the EMF to inform environmental decision-making........................................................................................................... 80
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6. Mossel Bay Human Settlements Instrument......................................................................................................................................... 81


7. Sustainability Indicators: ........................................................................................................................................................................... 89
7.1 Purpose ...................................................................................................................................................................................................... 89
7.2 Indicators .................................................................................................................................................................................................. 90
7.2.1. Environmental authorisation compliance.................................................................................................................................... 90
7.2.2. Green economy.................................................................................................................................................................................. 90
7.2.3. Biodiversity and ecological integrity ............................................................................................................................................ 91
7.2.4. Agricultural resources........................................................................................................................................................................ 92
7.2.5. Water quality and flow ...................................................................................................................................................................... 93
7.2.6. Heritage resources ............................................................................................................................................................................. 93
7.2.7. Hazards .................................................................................................................................................................................................. 93
7.2.8. Environmental quality and risk ........................................................................................................................................................ 93
7.2.9. Indicators – adherence to the EMF ................................................................................................................................................ 94
8. UPDATING OF THE SDF/EMF........................................................................................................................................................................... 95
8.1 Review Cycle ...................................................................................................................................................... Error! Bookmark not defined.
9. REFERENCES....................................................................................................................................................................................................... 97

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1. INTRODUCTION
Section C, titled “Environmental Vision, Objectives, Policy and Strategies
– 2023” is a continuation of the integrated Mossel Bay Municipality
Spatial Development Framework / Environmental Management
Framework (SDF/EMF), adopted by Mossel Bay Municipality as an SDF in
May 2022. The addition of Section C is to provide more detailed
guidance in terms of environmental management and to ensure that
the requirements set in the EMF Regulations, 2010, are met. This is
necessary in order for the SDF/EMF to be adopted by the Western Cape
Member of the Executive Council responsible for environmental affairs,
with concurrence of the National Minister responsible for environmental
affairs. Section C must be read together with Sections A and B to
constitute an EMF.
Figure 1 Mossel Bay Municipality Geographical Area

An integrated SDF/EMF must ensure that a unified vision of sustainable development is achieved between the EMF and the
SDF. This is critical in the development of exclusions in terms of NEMA.

Participation in the review and updating of the EMF: The SDF/EMF would require revision on a regular basis. The municipality
may initiate the revision of the SDF/EMF and/or participate in this process and make relevant information available such as
the SoER / Environmental Outlook Report, IWMP and the AQMP to ensure that there is consistency and synergies between
these different environmental management tools.

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2. PURPOSE AND OBJECTIVES


2.1. Purpose
The purpose of the Mossel Bay Municipality SDF/EMF is to guide the spatial distribution of current and future land uses,
infrastructure investment, sustainable development, and protection of the natural environment, considering financial
realities by providing a greater level of detail than is provided in the SDF or EMF alone, whilst giving effect to the vision, goals
and objectives of a municipal Integrated Development Plan (IDP). It also strives to provide a greater focus on ways to
enhance implementation and is a guiding tool for decision-making.

Therefore, the SDF/ EMF will assist in ensuring that the


preservation of areas with environmental significance is
achieved and that development occurs in a sustainable,
developmentally oriented manner (i.e. with the end goal of
ensuring that development is fast tracked in those areas where
it is desirable and environmentally responsible). The SDF/EMF will
assist by informing decision-making that will promote the
sustainable management (conservation) of the natural
resource base of the area and improved spatial planning. This
is in line with the National Environmental Management Act,
Figure 2 Mossel Bay Town – Photo Credit: John Wilson 1998 (Act No. 107 of 1998), EMF Regulations of 2010 and the
Spatial Planning and Land Use Management Act (No.16 of 2013) (“SPLUMA”) which seeks to promote sustainability, secure
environmental protection, and promote cooperative environmental governance.

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The SDF/ EMF will also be submitted to be adopted as an EMF in terms of the EMF Regulations. The integrated SDF/ EMF
attempts to find innovative ways to deal with historic development challenges while balancing the need to promote
amongst others, green infrastructure, environmental sustainability and climate resilience approaches and principles.
Therefore, the SDF and EMF are integrated and aims to achieve a single policy document for planning and environmental
decision-making.

The EMF will serve to strengthen the SDF process by


providing more detailed information on environmental
attributes affected by the proposed spatial plan
described in the SDF. Section 21 (j) of the Spatial Planning
and Land Use Management Act, 2013 (No. Act 16 of
2013) (SPLUMA) stipulates, amongst others, that a
municipal SDF must include a strategic assessment of the
environmental pressures and opportunities within the
municipal area, including the spatial location of
environmental sensitivities, high potential agricultural land
and coastal access strips, where applicable.

SPLUMA ascribes to the principle of spatial sustainability,


Figure 3 Mossel Bay Vegetation - Photo Credit: Liza Petersen
whereby spatial planning and land use management
systems must uphold consistency of land use measures, in accordance with environmental management instruments (such
as EMFs). In addition, SPLUMA encourages environmentally sustainable land development practices and processes (Section
3(1)(c )(iii) of the Act), requires sustainable land development at the required scale by encouraging the sustained
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protection of the environment (section 3(1)(h)(iii) of the Act) and states that in setting land development objectives, the
“sustained utilization of the environment” must be taken into account (Section 28(b) (ii) of the Act).

The purpose of Section C is to provide more detailed context and guidance to the overall SDF/EMF, in terms of
environmental management and in order to ensure that requirement of the EMF Regulations, 2010, are met.
* Section C must be read together with Sections A and B of the Mossel Bay Municipality SDF/EMF.

2.2. Strategic objectives


The Mossel Bay Municipality integrated the SDF and EMF in order to ensure that the EMF effectively informs and responds to
the planning context and that the SDF effectively informs and responds to the environmental context. The broad objectives
of the EMF/SDF are:
• To inform and guide spatial planning in the geographical area;
• To function as a support mechanism in the environmental impact
assessment process in the evaluation and review of development
applications;
• To assist in making strategic informed decisions regarding land use
planning applications;
• To assist in improving investment certainty regarding environmental
and land use decision-making;
• To guide sustainable development in the area and determine the
environmental management priorities; and
Figure 4 - Friemersheim Photo Credit: John Wilson

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• To provide support to the process of delineating geographical areas within which specified activities are to be identified
or excluded from those listed in terms of NEMA based on sensitivity of the environment to the potential impacts.

The intention is for the SDF/EMF to communicate clearly the limits of acceptable change relating to the environment for
consideration in decision-making by all authorities. The proponent/applicant is responsible for demonstrating that proposed
development would not infringe on or cross those limits of acceptable change.

The SDF/EMF aims to create a predictable development environment, providing an early warning system for developers of
the levels of likely risk in submitting development proposals in different areas and the associated need to consider
alternatives to minimise unacceptable impacts on the environment. Proponents / Applicants need to apply the mitigation
hierarchy (see Table 1 below), namely first striving to avoid and then minimise and remedy negative impacts, as a
requirement of the national environmental management principles (Section 2 of NEMA). Where permissible, offsetting may
be considered as a last resort.

Table 1 - Mitigation Hierarchy


Avoid Minimise Restore Offset
• Anticipating and • Reducing the duration, • Repairing environmental • Compensating for residual
preventing adverse intensity, and significance degradation or damage impacts
impacts on biodiversity of impacts
Preventative Remediative

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The SDF/EMF intends to guide land use, including the location of development in such a way that it:
• ensures that the integrity of ecosystems, on which human wellbeing depends, is not undermined;
• conserves systems that regulate and provide reliable supply of clean water;
• avoids, and where not possible fully to avoid, minimizes pollution of land, air, surface water and groundwater;
• facilitates the efficient and effective use of resources;
• conserves landcover to prevent erosion;
• conserves heritage and cultural resources;
• conserves landscape character and aesthetic qualities;
• avoids exposure to natural hazards; and
• protects community health and avoids human health risks.

The SDF/ EMF will address the need to integrate strategic environmental information with project level and strategic
decision-making in the municipality, to ensure adequate protection of the natural resource base in line with the principles
of the NEMA, as well as that the concepts of development and environmental management are reconciled. The SDF/EMF
will therefore inform project level authorisation / decision-making (i.e. EIA and land use management), as well as strategic
spatial planning.

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3. STRATEGIC ENVIRONMENTAL MANAGEMENT PLAN (SEMP)


3.1 Overview of the SEMP
The SEMP provides guidance to support environmental decision-making that will benefit the management of important
resources in the Mossel Bay Municipality.

The purpose of the SEMP is as follows:


• To identify Environmental Management Zones (EMZs) / Spatial Planning
Categories (SPCs) based on the environmental attributes of the area;
• To provide management guidance for the EMZs/SPCs in respect of the
environmental attributes that fall within that EMZ/SPCs;
• To establish a framework to check the ‘on the ground’ effectiveness of the
EMF;
• To set out a mechanism to facilitate updating of the EMF and its linkages
to the municipal IDP/SDF review process and to other relevant tools such
as the Air Quality Management Plan (AQMP), Integrated Waste
Management Plan (IWMP), catchment management and agricultural
resources plans/strategies;
• To identify and recommend an “urban area” in terms of the EIA
Regulations, 2014, that can be adopted by the environmental competent
authority; and
• To ensure sustainable land use and protection of the environment.
Figure 5 - Mossel Bay - Photo Credit: John
Wilson

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The SEMP therefore comprises the following:


• EMZs/SPCs with management recommendations;
• Roles and responsibilities in respect of these management recommendations;
• Decision-making framework;
• Monitoring and evaluation framework;
• Revision/updating of the EMF; and
• Proposed Urban Areas

3.2 Environmental Management Zones/ Spatial Planning Categories (EMZs/SPCs)


Different types of resource use have different impacts on the
environment. The significance of these impacts depends in part
on the type of resource use proposed, and in part on the nature
and attributes of the receiving environment. The EMF provides
relevant information that will determine the significance of
impacts, the acceptable level of change and the level of
mitigation that would be required of development that affects
a group of attributes, with similar degrees of sensitivity, in the
defined area.

The contextualisation of the rural landscape, and an analysis


and interpretation of the elements of the rural spatial structure
Figure 6 - Mossel Bay - Photo Credit: John Wilson
should inform the Integrated Development Plan’s (IDP) and, in
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turn, the Spatial Development Framework’s (SDF) proposals. A SDF’s proposals should clearly reflect where in the landscape
development should and should not take place. Desired land use patterns are reflected in the delineation of landscape-
wide Environmental Management Zones / Spatial Planning Categories (EMZs/SPCs).

The Western Cape Provincial SDF (PSDF) calls for SDFs to delineate SPCs that cover the entire municipal domain, using the
latest available Western Cape Biodiversity Spatial Plan (WCBSP) mapping. SPCs are not development proposals and do not
confer development rights. They are rather the tools through which the SDF clarifies the inherent land use suitability of
different landscapes.

According to the PSDF, 2017 and the Western Cape Land Use Planning Guidelines Rural Areas, 2019, SDFs should divide the
entire landscape into spatial planning categories (SPCs) “to reflect a vision of how the area should develop spatially, so as
to ensure sustainability”. The SDF also provides policies, management objectives and guidance for appropriate land use
within each SPC. From a biodiversity perspective, SPCs indicate areas where limitations on land use need to be applied in
order to protect biodiversity. An SDF by its very nature makes proposals based on biodiversity consideration amongst other
things, these includes the proper management of all natural vegetation as a priority to prevent any degradation in the
future. It must therefore be noted that these EMZs/SPCs with related guidelines and are in line with what EMFs in general
seek to achieve, which is to inform planning, promote sustainability and environmentally responsible decision-making.

The EMZs/SPCs are identified and described in this section. There are five EMZs/SPCs, which have been identified based on
a combination of the biophysical and socioeconomic attributes and the potential for significant impacts in relation to the
activities listed in the EIA Regulations, 2014. I.e. Core 1; Core 2; Intensive Agriculture; Urban Development; and Controlled
Zone; reflected on the map below.

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To aid strategic environmental management in the area, environmental management zones were delineated by grouping
areas which share the same characteristics together. Areas were grouped based on their current use (e.g. Natural,
Agriculture, Residential, etc.) and their sensitivity to different types of activities. Using this approach, the study area was
divided into the following five EMZs/SPCs: Core 1, Core 2, Intensive Agriculture, Urban Development and Controlled areas.

The point of departure that has been applied in determining the EMZs/SPCs is that natural resources and human endeavours
are not separate from each other. Natural attributes and human activities need to be seen in the context of the landscape
in which they are located. Thus human activities and natural attributes need to be viewed holistically – as different aspects
of one system or landscape. Human wellbeing is related to various benefits that nature provides to humankind (referred to
as ecosystem services) such as soil for growing of food crops; clean water for drinking; pollination of food crops and features
that fulfil recreational, cultural or spiritual needs, to name a few. Maintaining the natural resource base is central to ensuring
the wellbeing of humans and meeting their developmental needs.

In determining the EMZs/SPCs, the key driver must be the objectives of an SDF/EMF. Regulation 2(3) of the 2010 EMF
Regulations state that EMFs must be aimed at “promoting sustainability” and “securing environmental protection.” As has
been noted elsewhere in this document South Africa’s NFSD recognises that South Africa’s natural systems and biodiversity
provide a basis for economic growth and development. This reality is recognised on an international and national level and
has been highlighted through initiatives such as the Millennium Ecosystem Assessment.

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Figure 7: Environmental Management Zones / Spatial Planning Categories

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EMZs/SPCs Environmental features and attributes


Core 1 • Western Cape Biodiversity Spatial Plan Category:
• Protected areas
• Critical Biodiversity Area 1 (Terrestrial/ Aquatic)

Core 2 • Western Cape Biodiversity Spatial Plan Category:


• Critical Biodiversity Area 2 (Degraded)
• Ecological Support Areas 1 (Terrestrial/Aquatic)
Agriculture • Agricultural Layer
• Soil depth
• Soil potential
• Distance to river
• Land cover
Urban Development • Urban Edges
• Urban Areas
• Human Settlement
• Urban cadastral information
• Built-up areas
• Densification
• Land cover
Controlled Development • Buffer 1
• Buffer 2

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• Ecological Support Area 2


• Other Natural Areas (Natural to near-natural/degraded)
Table 2: Environmental attributes considered for EMZs/SPCs

The SDF / EMF is a tool to support the change that is being sought in the way the environment is valued. Transformation of
land on which natural systems exist is the leading cause of environmental degradation (Balmford, 2012) and the EMF is
concerned with issues related to land use and development. In particular, the fact that it is a spatial tool that is concerned
with environmental attributes, means that it has a potentially significant role to play in avoiding or at least reducing the
transformation of natural areas that are important assets for long-term wellbeing.

The concept of “significant impact” has been applied in determining the EMZs/SPCs. A significant impact is any impact
that would threaten the health of either the environment and/or people in the area covered by the EMF. That is, it is an
impact that would:
• Threaten the integrity and resilience of ecosystems which sustain development, human wellbeing and livelihoods by
degrading or causing deterioration or loss of:
o important biodiversity;
o ecosystems that regulate and provide reliable supply of clean water (i.e. that meets relevant water quality
standards), either groundwater and/or surface water;
o air quality (i.e. air that meets relevant air quality standards);
o soils having high agricultural productivity that contribute to food security in the long term; and
o natural areas known to support livelihoods of vulnerable communities.
• Threaten the physical health or increase the vulnerability of women, men and children to:
o natural hazards and/or unstable areas;

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o the spread of disease; and


o pollution with known adverse health effects.

Any activity that would be likely to cause one or


more significant impacts, as defined above, would
be considered to be ‘undesirable’. Those impacts
that are significant and also irreversible, or could
result in irreplaceable loss of unique resources,
should be considered as a “fatal flaw”.
Developments involving transformation of land,
particularly on an extensive scale would typically be
of particular concern in this regard.

The approach described above is in line with the


principles and goals of the PSDF and other strategic
frameworks/policies developed for the Western
Cape. It also reflects municipal priorities and those
of stakeholders. In all of these instances, protection
of agricultural, biodiversity and cultural assets or
resources is regarded as an imperative. Figure 8 - Friemersheim - Photo Credit: Liza Petersen

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3.3 Description of EMZs/SPCs


Spatial data has been mapped for attributes in the study area. These attributes cover resources and restrictions (constraints)
or risks. The status, irreplaceability and vulnerabilities associated with the attributes have been central to determining the
conservation EMZs/SPCs, while potential sustainable development in areas with less biophysically sensitive receiving
environment was central in determining the development EMZs/SPCs (including the proximity of these areas to
built/cultivated environments).

The EMZs/SPCs provide a means for achieving the following requirements as set out in the 2010 EMF Regulations, in that they
serve to:
• Specify the attributes of the environment in the area, including the sensitivity, extent, interrelationship and
significance of those attributes.
• Identify any parts in the area to which those attributes relate.
• Show the environmental management priorities of the area.
• Indicate those areas with specific environmental values and the nature of those values.

These EMZs/SPCs could be regarded as a tool to assist applicants or developers in identifying appropriate locations for
development proposals and for providing a “first scan” of the issues that may need to be addressed in the application
process (e.g. through specialist studies). The more responsive the application is to the EMZ/SPC information the lower the
risk of conflict with stakeholders / I&APs and of authorisation being refused. The converse also applies. The EMF is not
concerned with providing detailed guidance on the conducting of the EIA process. Guidelines in this regard are available
as noted later in this document.

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3.4 Management guidelines for the EMZs/SPCs


Since the purpose of the EMZs/SPCs is to consider the environmental attributes of an area and to use this information to
provide guidance with respect to appropriate/inappropriate development, the following has been developed for each
EMZ/SPC:
A management framework which can be used as a basis for testing development proposals or for developing
objectives/goals for a development proposal (i.e. objectives-led planning) and design of a development proposal. The
management framework comprises the following:
• Zone aim: The overarching vision of what the zone intends to achieve.
• Management objectives: These are the objectives that should be borne in mind in the planning of land use and
development and in related decision-making processes.
• Desired outcomes: These are the effects that one would want to see “on the ground”, namely the results of giving effect
to the objectives.
• Limits of Acceptable Change: These are thresholds that need to be considered in the planning of land use and
development and in related decision-making processes. They represent a limit beyond which change in the current
status of that particular EMZ would be regarded as undesirable because of the potential for loss or degradation of an
irreplaceable resource. These limits are based on the best available scientific information.
• Opportunities for benefit: These represent areas where social and/or economic and/or biophysical benefits could be
realised.
• Mitigation options: These show the level of mitigation in the mitigation hierarchy that could be used to address impacts
on particular EMZs/SPCs. Where the attributes/resources are irreplaceable, avoidance (rather than minimising,
mitigation or offsetting) is likely to be the sole option.

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A matrix linking EMZs/SPCs and activities/types of development that may be considered inappropriate or appropriate, is
included below. The activities in this matrix are based on the Listed Activities in the 2014 EIA Regulations. This matrix should
only be used as being indicative of developments that may or may not be appropriate – it is not to be taken as being
definitive, as each application must be evaluated on its own merits. Each EMZ/SPC will outline the above framework in the
form of a descriptive table.

All proposed developments in each EMZs/SPCs should be evaluated to ensure that:


• It would meet the management objectives for this zone and preferably result in net benefit both for the ecological and
social environment; and
• Changes induced by proposals would not exceed limits of acceptable change.
The management objectives, desired outcomes and limits of acceptable change that have been provided for each EMZ
have been formulated on the basis of the NEMA principles. It is necessary for the EMF to be framed within these principles
in order for it to guide the formulation of appropriate development proposals and environmental decision-making
effectively, within its scope. This means that it must be borne in mind that the EMF is a tool that is aimed at, inter alia,
supporting and streamlining the implementation of the EIA Regulations. It cannot be seen as the sole mechanism whereby
sustainability objectives would be achieved.

From the perspective of proponents, the information in respect of each EMZs/SPCs can be used to guide the formulation
of project proposal. The objective is to achieve development proposals that are aligned with, and hence do not
undermine, sustainability objectives. Similarly, the management objectives, desired outcomes and limits of acceptable
change ought to be considered in decision-making. This issue is covered in more detail in the SEMP.

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The information on environmental attributes that has been used in the EMF is the most recent available from the various
organisations or institutions that house these data. Applicants and their consultants must ensure that the latest GIS database
is consulted and not rely solely on the maps published (i.e. hard copy) in the EMF. The GIS information is available from the
DEA&DP as well as the municipalities GIS sites. Where an attribute intersects a particular location or property, this points to
the need to investigate this issue as part of the EIA process. This would normally involve consulting a relevant specialist to
assist in undertaking a more detailed investigation of the issue. Typically, this would involve ‘groundtruthing’ to verify the
presence of the attribute at the specific location as well as its surroundings, since environmental impacts may extend
beyond the boundaries of a site. In cases where scientific (specialist) studies are at variance with the EMF (e.g. area
identified as being sensitive in the EMF is not found to be sensitive in a specialist study), the onus is on the applicant and the
Environmental Assessment Practitioner (EAP) to ensure that the scientific analysis is rigorous, that findings have been
discussed with relevant authorities and, if required by the competent authority, that the study concerned has been subject
to peer review. The burden of proof to demonstrate that a development proposal is aligned to the EMF lies with the project
proponent/applicant.

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Table 3: Road map for using the EMZ/SPC information as summary of how to use or apply the EMZ/ SPC information is provided
in the flow diagram below.

STEP 1:
•Where is project located relative to the respective EMZs/SPCs?
Screen project location (refer to EMZ/SPC •Does the project location fall in only one or more than one EMZ/SPC?
maps):

STEP 2:
Establish attributes that occur at the •Which EMZs/SPCs intersect the project location?
project location and its surroundings •Which attributes from each EMZ/SPC intersect the proposed project location?
(Refer to EMZ/ SPC maps, maps for each
•Which attributes occur in the areas surrounding the project location?
individual attribute (Part 1: Current
Situation) and GIS database:

STEP 3:
•Development that is likely to be considered undesirable;
Consider the appropriateness of the type •Development that could be considered and which have the potential for significant adverse impacts. Careful attention to
of development being considered in light mitigation and management of impacts is required for such projects / developments.
of the relevant EMZ/SPC and its associated
•Development which would be regarded as appropriate and is unlikely to have significant adverse impacts.
attributes.:

•Establish the issues / factors to which the development proposal should respond in order to formulate the most appropriate
development proposal. Formulation of alternatives as envisaged in the EIA Regulations could be of assistance in this regard.
•Revise a development proposal that could be inappropriate within a particular EMZ/SPC and/or to improve the sustainability
performance of a development proposal.
•Assess a development proposal (and its alternatives) using the information in the management framework tables for each
EMZ/SPC, namely management objectives, desired outcomes, limits of acceptable change, opportunities for improvement
STEP 4: and mitigation / management approach. These can be used to address the following questions:
Refer to EMZ/SPC maps and individual •What objectives / desired outcomes / limits of acceptable change and opportunities for benefit apply to each attribute?
attribute maps (Part 1: Current Situation) •To what extent does the project meet the objectives / desired outcomes and does it pose any threats in terms of exceeding
to establish the factors that should be the limits of acceptable change?
taken into account in formulating and
•How should the project planning and design respond to the objectives/ desired outcomes and limits of acceptable change
assessing a development proposal:
information?
•What opportunities for benefit does the project offer?
•What mitigation approach is proposed?
•Describe how the development proposal is aligned to the SDF/EMF and where there are conflicts with the SDF/EMF. This
will assist in evaluating the development proposal against sustainability criteria such as those encompassed in the NEMA
principles (Section 2 of NEMA).

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3.5 Environmental Management Zones/Spatial Planning Categories – Attributes and Actions

3.5.1. Conservation EMZs/SPCs: Core 1 and Core 2


The Conservation EMZs / SPCs is intended to map irreplaceable biodiversity and
resources that are under significant pressure. In urban areas, the aim of the
Conservation EMZs/SPCs is to promote the protection and conservation of
irreplaceable and valuable resources that are currently, and will be in the future,
under severe threat by development. The Conservation EMZs/SPCs in urban areas
also intends to encourage sustainable land and resource use. In the rural areas, the
Conservation EMZs/SPCs are intended to map irreplaceable biodiversity that are
equally important but are not under as significant pressure as biodiversity in urban
areas. The development of an urban edge and the more refined urban area will
assist in controlling development and urban sprawl, thus protecting rural
environments and resources.

Restoration areas were included in this Conservation EMZs/SPCs, in which transformed areas which are of importance in
terms of a functional landscape perspective were identified for rehabilitation. Development proposals in the vicinity of
these areas must incorporate mitigation measures that ensure the improvement of their ecological status to improve overall
landscape ecological functioning. Efforts to rehabilitate these areas can also be seen as a means of mitigation for similar
impacts, or even as an offset for the unavoidable disruption of landscape functionality elsewhere. Offsetting is a last resort
that can only take place once every measure has been exacerbated to reduce the negative impact and is only
permissible at the discretion of the Competent Authority.

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Figure 9 - Core 1

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3.5.2. Core 1 EMZ/SPC


EMZ/SPC Description and Objective Guidelines on Land Use and Activities
Core 1: These zones were o Restriction of development where it may cause further
established with the intention of degradation to ecosystems. Development should be
comprising areas of high sensitive to biodiversity considerations affecting Core
conservation importance that areas by enforcing environmental management
must be protected from change programmes in relation to development or prohibiting
and only non-consumptive land- development when appropriate.
uses may be allowed o To maintain ecological functioning of the ecosystem.
conditionally. These zones o To protect the goods and services, the ecological
contain the following: Core 1 infrastructure provides (e.g. flood attenuation).
Areas are those parts of the rural The restoration of ecosystems and habitats in order to
Core 1

o
landscape required to meet achieve conservation targets. Increased conservation
targets/ thresholds for biodiversity and protected biodiversity through establishment of
patterns or ecological processes Protected Areas for top priority sites.
(i.e., Protected Areas and Critical o Increase of restored habitats through conservation
Biodiversity Areas). initiatives.
o Avoid. Limited development should be undertaken in
These include habitats classified these areas. If development is unavoidable, biodiversity
as highly irreplaceable, critically offsets may be considered in order to meet conservation
endangered, or endangered targets.
terrestrial (land), aquatic (rivers,

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wetlands, and estuaries) and o (i) offsets may only be considered as a last resort; (ii) it is
marine habitats. These also not possible to offset impacts on irreplaceable
include areas currently not yet biodiversity, and (iii) when specialist studies recommend
exhibiting high levels of mitigation measures, they should also provide an
biodiversity loss, but which should evidence-based assessment of these measures’
be protected and restored, to likelihood of success. Establish partnerships with NGOs
ensure biodiversity pattern and and other stakeholders to develop tools and projects to
ecological process manage the social ecological systems within urban
targets/thresholds can be met, in areas.
the most efficient way possible. It
also includes essential biological
corridors vital to sustain their
functionality.

Protected Areas o To be informed by detailed site-level mapping of habitat


conditions, transformation thresholds and cumulative
impacts.
o Provision for biodiversity offsets in exchange for
biodiversity loss should only be considered as a last resort
and at a ratio consistent with national policy and
Provincial guidelines.
o No further extensions of intensive or extensive agriculture
is promoted.

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o Non-consumptive low impact eco-tourism activities such


as recreation and tourism (e.g. hiking trails, bird and
game watching, and visitor overnight accommodation).
o Linear infrastructure installations such as roads, rail,
pipelines, canals and powerlines. Other utilities may also
be permissible in certain situations and should be
approved subject to restrictive conditions or parameters.
o Non-place bound industry with low-moderate impact
and rural businesses such as small-scale value adding
enterprises for tourism or consumptive uses (e.g. hunting).
o Detailed site-level mapping of habitat conditions should
inform the placement of essential buildings or structures
in Core Areas.
Critical Biodiversity Area 1: o Maintain in a functional, near-natural state. Some
Terrestrial habitat loss is acceptable, provided the underlying
biodiversity objectives and ecological functioning are
not compromised.
o Rehabilitate and maintain areas of sensitive natural
vegetation and high biodiversity value. Where
biodiversity remnants conflict with areas earmarked for
development, ensure adequate botanical and faunal
impact assessments are undertaken timeously.
o Keep natural, with no further loss of habitat.
o Degraded areas should be rehabilitated. Only low-
impact, biodiversity-sensitive land-uses are appropriate

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o Support operational requirements of Biodiversity areas


o to ensure their ongoing utility in green infrastructure
networks.
o Protect Critical Biodiversity Areas (CBAs) and Ecosystem
Support Areas and incorporate CBAs into Protected
Areas network.
o To protect natural buffers such as dunes and other
ecological features from urban development.
o CBA areas should be kept natural and should not allow
for further loss of habitat. These areas should only support
land use that has a low impact.
o Ecological support areas should be maintained in a near-
natural state allowing some habitat loss on condition that
the ecosystem is not compromised in any way.
o Sand dunes contain a diversity of fauna and flora which
are vital in ensuring the proper functioning of dune
systems.
o Dune systems provide coastal stability by preventing
coastal erosion as part of dynamic sand budgets. Sand
dunes form an important ecological structure, acting as
a buffer to developed areas, from hazards such as storms
and flooding. Given the dynamic nature of dune systems
and the vital roles they play, disturbance of these systems
must be avoided as far as possible. Thus, the protection

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of this ecological structure is important and


development near dune fields should be controlled.
o Where possible, all new utility infrastructure, services and
structures should be located outside of these areas.
Ecological Support Area 1 o Maintain in a functional, near-natural state. Some
ESA 1 areas focus on restoration habitat loss is acceptable, provided the underlying
and managing the impacts on biodiversity objectives and ecological functioning are
ecosystem functioning. not compromised.
o To maintain the land in a near-natural and ecologically
functional state, even if some loss of ecosystem
composition or structure takes place.
o Promote quality multi-use open space areas – reclaim
and repurpose open spaces.
o Connectivity of green corridors and integration of natural
areas with urban green areas.
o Conserve existing ecological corridors and consolidate
and rehabilitate any remnants of corridors that link
ecosystems. Monitor the efficiency of such actions.
o The ecological functionality for the area must be
maintained or enhanced. Low impact development
that does not undermine function can be considered.
These areas could be used as positive interfaces with
abutting land uses.

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o These areas can allow for a degree of habitat loss for


restoration purposes provided that the ecological
functioning of the ecosystem is not disrupted.
Private Reserves (within Urban o Maintains healthy ecosystems and prevent disturbance
and Industrial Areas) by human activities in the long term. Meet national
targets through informal conservation areas. Provides a
wilderness experience for people.
o The restoration of ecosystems and habitats to achieve
conservation targets. Increased conservation and
protected biodiversity through establishment of
Protected Areas. Increase of restored habitats through
conservation initiatives.
o Much land in South Africa is privately owned and
contains an array of biodiversity. Consequently, it is
important to conserve these areas to maintain
biodiversity and ecosystem functioning. Private
landowners have the potential to play an important role
in conservation of biodiversity through the controlled
public access and sustainable use of the land.
Critical Biodiversity Area 2 o Maintain and enhance linkages between these areas.
CBA2 areas that are degraded, o Keep natural, with no further loss of habitat. Degraded
should be rehabilitated, and areas should be rehabilitated. Only low-impact,
allow for low-impact land use to biodiversity-sensitive land-uses are appropriate.
occur. o Implementation of habitat restoration measures to
restore the habitat to a better condition.
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Protected Area Expansion o With the intention of ensuring that South Africa meet
Strategy commitments set in terms of the Convention of Biological
These are areas identified as Diversity, national targets are set for the expansion of
important in meeting protected areas.
international commitments o Maintain the existing conservation areas under the
associated with the expansion of National Protected Area Expansion Strategy.
protected areas.
Steep slopes o To ensure development-induced erosion, slippage or
(greater than 1 in 5) slope instability is prevented.
o No activity that would result in erosion or destabilize
slopes, including cultivation of land erection of structures
or building.
o Avoid development on steep slopes and/ or ensure
design addresses risks.
o Positive contribution to restore and re-vegetate steep
slopes.
o The attributes set out above were used as an informant for the development of the Core zone which
encompasses the following spatial planning categories Core 1, which is shown spatially on Figure 2 below.
Conservation Zone includes rural areas, urban area and also areas that require restoration. Applicants and EAPs
are advised to consult the GIS database that forms part of this EMF to ensure that all the relevant environmental
attributes are identified for the project location and that the most accurate and up-to-date information is being
consulted. Ground truthing would always be required in respect of Core 1. Such ground truthing would also be
valuable in determining the extent of the impact assessment required.

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Figure 10 - Core 2
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EMZ/SPC Description and Objective Guidelines on Land Use and Activities


Core: Then Core 2 comprised
areas in a degraded condition
that are required to meet
biodiversity targets, for species,
ecosystems or ecological
processes and infrastructure.
These areas should be
rehabilitated and only low-
impact, biodiversity-sensitive
land-uses are appropriate.
Core 2

Core 2 also includes Ecological


Support Areas (ESA), that are not
essential for meeting biodiversity
targets but play an important role
in supporting the ecological
functioning of CBAs and deliver
important ecosystem services.
They facilitate landscape
connectivity, promote resilience
to climate change, and buffer
elements of the landscape
including Protected Areas and

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sites that are important for the


survival of individual species

Rivers, River Corridors and o Wetlands and rivers serve as an important ecosystem,
Wetlands producing a diversity of ecosystem services. Many species
depend on wetlands for their sustenance.
o Rivers are also of importance to the agricultural sector,
o Areas below the 1: 50 providing a source of irrigation for agriculture, whilst wetlands
year flood line and 1 in can also assist in flood control due to the absorption of water
100 year flood line. during periods of heavy rain.
o Wetlands act as a sponge, reducing the rate at which the
water is released, prolonging the supply of water during the
dry summer season.
o Rivers that have wetlands still intact have a better flow of
water than rivers whose wetlands have been cleared.
o Clearing of alien invasive plants from watercourse to avoid
flood aggravation.
o Wetlands and rivers are both highly susceptible to
degradation and are considered as highly sensitive.
o To avoid placing people and infrastructure at risk from floods
to alert developers to risk of dam failure.
o No settlement or infrastructure development below the 1:50-
year flood line. Only appropriate settlement or infrastructure
development within the 1:100-year flood line.

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o To minimise the loss of intact habitat which play an important


role in the conservation of threatened species.
o Development of vacant land within existing approved
townships may be considered if the floor levels are raised
above the 1:100 year flood line.
o Measures to mitigate the risk of flooding should be
implemented where practicable including:
- Prohibiting urban development or ploughing within a 32m
boundary from the banks of a watercourse.
- No development must take place within 32m form a
watercourse.
- Preventing excessive hardening of surface areas in urban
development, and, implementing a sustainable urban
drainage strategy (SUDS) to storm-water management.
o The banks of the rivers within the area of the Police Station
are to be protected.
o Riverbank development must be behind the ecological
setback lines including flood and storm surge lines (1:50 year
flood line for property boundaries and 1:100 years flood line
for building footprint).

o No development is permitted on riverbanks that are


susceptible to flooding, and below the 1:100 year flood line.
o To ensure that development within high-risk areas (such as
flood lines) are controlled.

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o Implement a water quality monitoring programme and


consider relevant water quality variables.
o Restrict building setback lines and maximise on-site water
infiltration and permeability in relation to redevelopment
initiatives in flood prone areas.
o To prevent fragmentation by maintaining ecological corridors
and by acting as a buffer for areas of high biodiversity
importance.
o Avoid hard development and structures below the 1 :50-year
flood line and allow only development that could withstand /
accommodate floods below the 1:100-year flood line (e.g.
sport fields, parkland / open space).
o All wetlands (including delineated boundary and additional
32m buffer zone) should be regarded as sensitive until proven
otherwise by a suitably qualified specialist.
o Implement a water quality monitoring programme and
consider relevant water quality variables that pose a threat
to the functionality of wetlands.
o Strict protection of sensitive alluvial vegetation with significant
ecosystem status. Rehabilitation of degraded alluvial
vegetation.
Critical Biodiversity Area 2 o Maintain in a natural or near natural state with no further loss
(Degraded) of natural habitat. These areas should be rehabilitated.
o Large-scale cultivation, mining and urban or industrial
development are not appropriate.

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o Acceptable land uses are those that are least harmful to


biodiversity, such as conservation management, or extensive
livestock or game farming.
o Implementation of habitat restoration measures to restore the
habitat to a better condition.

Ecological Support Area 1: o Maintain in a functional, near-natural state. Some habitat loss
Aquatic is acceptable, provided the underlying biodiversity objectives
and ecological functioning are not compromised.
o Aquatic ecosystems in this area are vital for the sustenance
of daily livelihoods and provide valuable ecosystem goods
and services and form a fundamental aspect of the
ecological infrastructure of the region.
o The conservation and protection of these ecosystems is
essential to ensure water purification, and increased quality,
provision of habitat for variety of wildlife species and
ecological connectivity.
o Low impact activities may be considered.

o Maintain in a functional, near-natural state. Some habitat loss


is acceptable, provided the underlying biodiversity objectives
and ecological functioning are not compromised.
o Prevent development transgressing the development
boundary
Coastal Resource Protection

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Area seaward of the CML and o No urban development seaward of the coastal edge line
around development islands unless it enhances public amenity and recreational value
and that such development is consistent with the principles
and objectives contained in the Integrated Coastal
Management Act.
o General development parameters to avoid insensitive
development.
o The construction of amenities that facilitate access to the
beach, such as parking lots, must be supplemented by
ancillary infrastructure (such as raised boardwalks) to prevent
damage by pedestrians to sensitive dune and beach systems
.
o Access to the coast must be maintained and improved and
that such access does not impact the functional integrity of
natural coastal systems.
o In areas of intense coastal recreational focus e.g. Coastal
nodes, those natural and heritage related elements that
contribute to the attraction and success of the coastal node,
must not be impacted on.
o Any future development of coastal infrastructure must be
situated or developed in such a way that does not
compromise the functional integrity of the coastal
environment and that such infrastructure is not exposed to
risk from coastal processes.

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o Areas falling partially or totally seaward of the coastal edge


line including remnants of natural systems, must be
protected.
o Where possible, protect, rehabilitate and maintain remaining
natural coastal ‘green’ infrastructure (i.e. dunes, estuaries
etc.) as the most effective means to mitigate the impact of
climate change-induced pressures such as sea-level rise and
storm surges.
o The attributes set out above were used as an informant for the development of the Core zone which
encompasses the following spatial planning categories Core 2, which is shown spatially on Figure 2 below.
Conservation Zone includes rural areas, urban area and also areas that require restoration. Applicants and EAPs
are advised to consult the GIS database that forms part of this EMF to ensure that all the relevant environmental
attributes are identified for the project location and that the most accurate and up-to-date information is being
consulted. Ground truthing would always be required in respect of Core 2. Such ground truthing would also be
valuable in determining the extent of the impact assessment required.

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Figure 11: Core 1 & Core 2 EMZ/SPC combined

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3.5.3. Agriculture EMZ/SPC

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EMZ/SPC Description and Objective Guidelines on Land Use and Activities


Agriculture: The purpose of o Adhere to identified urban development edges around
establishing the agricultural zone the periphery of high-value agricultural areas to prevent
was to promote sustainable urban intrusion
agricultural development with o Discourage the sub-division of agricultural land.
the intention of boosting the o Areas with no natural habitat remaining are preferred
economy while conserving sites for higher-impact land uses, and new projects
natural resources. The should be located in these areas before modifying any
Agriculture

agricultural sector is important to remaining natural habitat.


the local economy and job o For individual parcels of land identified as having
creation in the area. Therefore, specific actual or potential biodiversity values, develop
sustainable agricultural incentives to restore lost biodiversity and connectivity.
development is critical for o Restoration and re-vegetation should be prioritised
resources that are important for where heavily modified areas occur close to land of
food security, livelihoods, high biodiversity value, or are located such that they
economic activity and job could potentially serve useful ecological connectivity
creation. functions (such as in ecological corridors).
Intensive agriculture (High Value o Preserve and utilise high potential agricultural land.
Agricultural Land / High Land o Protect high potential agricultural land and that
Capability)/ (high potential and measures be instituted to create and maintain
unique agricultural land) circumstances conducive to sustainable agriculture.
o Retain and protect high-value and unique agricultural
land.
o Protect agricultural land from ad hoc transformation.

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o Promote conservation agriculture.


o Prevent urban encroachment into high-potential
agricultural areas.
o Prevent agricultural encroachment into floodplains and
riparian areas.
o Prevent further loss of high-potential agricultural land.
o To ensure that high value agricultural land, pending
availability, are preserved for continued agricultural
production, thereby ensuring long-term national food
security.
o Prevent further loss of high-potential agricultural land.
o To ensure that high value agricultural land, pending
availability, are preserved for continued agricultural
production, thereby ensuring long-term national food
security
o Protect high potential agricultural land from non-
agricultural development.
o Facilitate sustainable abstraction and use of irrigation
water in riparian zones of main rivers to ensure efficient
food production.
o In areas outside of the EMZs/SPCs, where potential
competition exists between areas of high agricultural
potential and other favourable land use, the relevant
specialist studies will need to be conducted to allow for
informed and balanced decision-making.

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Dryland agriculture (Includes o These areas are important for grain crop production
tillage of non-irrigated crops and food security. Crops produced in this region are
(annual and perennial). produced through dryland agriculture and are
dependent on rain.
o Dryland agriculture is a dominant agricultural activity in
this region. Suitable areas for dryland agriculture should
be established to ensure maximum crop outputs in a
sustainable manner.
o The expansion of dryland agriculture areas into critical
biodiversity areas is not supported.
o Nonviable dry-land cultivated areas must be
rehabilitated where possible.
o The impact of climate change in these areas should be
pro-actively managed and mitigated.
o The carbon footprint of agriculture in these areas should
be reduced to mitigate against the mentioned impacts.
Irrigated agriculture o Compile an integrated agricultural development plan
to give effect to transformation of the commonage (i.e.
irrigated land and grazing).
o Protect the irrigated agricultural footprint.
o Mossel Bay contains a number of irrigated areas that
are vital for agricultural activity.
o These areas are important for grain crop production
and food security.

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o The attributes set out above were used as an informant for the development of the
Agricultural Development Zone, which is shown spatially on Figure 3 below . Applicants and
EAPs are advised to consult the GIS database that forms part of this EMF to ensure that all the
relevant environmental attributes are identified for the project location and that the most
accurate and up to-date information is being consulted. Ground truthing will always be
required with any identified activities. Such ground truthing would also be valuable in
determining the extent of the impact assessment required.

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3.5.4. Urban Development EMZ/SPC

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EMZ/SPC Description and Objective Guidelines on Land Use and Activities


o Areas with no natural habitat remaining are preferred
Settlement: This category sites for higher-impact land uses, and new projects
includes the city and all existing should be located in these areas before modifying any
towns, villages and hamlets. remaining natural habitat.
Settlements are delineated by o For individual parcels of land identified as having
municipalities in terms of an specific actual or potential biodiversity values, develop
Urban Development (and Settlement)

urban edge or by the incentives to restore lost biodiversity and connectivity.


Department of Environmental o Restoration and re-vegetation should be prioritised
Affairs and Development where heavily modified areas occur close to land of
Planning in terms of the 2014 high biodiversity value, or are located such that they
NEMA Listing Notices as urban could potentially serve useful ecological connectivity
areas. functions (such as in ecological corridors).
The purpose is to develop and o Development should be confined to urban areas (areas
manage settlements on a situated within the urban node/edge/fringe, or where
sustainable basis. Wherever no such node/edge/fringe has been defined or
possible existing settlements adopted, areas situated within the edge of built-up
should be used to areas) to minimise the effects of urban sprawl in the
accommodate non-agricultural area.
activities and facilities. This is for o Developments that might put stress on the protected
reasons of: Local economic environments should be avoided within the buffer area.
development; Consolidating,
integrating and reinforcing

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settlement structure; Improving


service delivery; Strengthening
rural-urban linkages; Promoting
socio-economic development;
and Increasing thresholds for
service delivery and social
facilities.
Existing settlements and urban o Support the incremental upgrading and formalisation of
expansion (Include larger towns, areas where informal units are widely prevalent.
small towns, villages, and Encourage the provision of adequate service ratios needed
hamlets) to support incremental densification. The zone should be
used for the expansion of urban areas and the integration
of existing settlements.
Community Facilities and o These areas should be considered for a wide variety of
Institutions (Includes Hospitals, urban uses such as housing development, public open
clinics, schools, churches, police spaces, community facilities, mixed use / business
stations, fire stations, community development (where appropriate), but should not
halls or other gathering place) include noxious industrial uses.
Urban Areas (as derived from the o Urban areas that have been identified in the local SDFs
Local SDFs) provide opportunity for sustainable urban development.
o Contain the footprint of the town within the current
urban edge.
o The establishment of an urban edge will promote the
use of vacant land within the urban edge over that of
land outside of the urban edge.
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o The consolidation of urban development in a


sustainable manner.
o The regulation of various land uses within an urban
area.
o Reducing the demand for urban development in
areas of greater ecological importance or areas that
are more vulnerable to urban development.
o Urban development in vulnerable areas outside the
urban edge should be avoided.
o The impact of development on important urban
ecology should be avoided and minimised. Where the
important urban ecology cannot be avoided and the
impact is significant after minimisation and mitigation,
offsetting the impact may be acceptable to the
Competent Authority.
Urban infill /Densification Zone o Promote infill development and densification on
undeveloped and underutilised land within the urban
edge.
o Support infill development on privately-owned land,
which will enhance compaction and densification.
o Densification should be promoted at appropriate
locations within the urban edge.
o The promotion of urban development in areas of less
sensitivity.
o The development of an urban edge.
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o Provide alternative housing options that are sustainable


and eco-friendly. Promote infill development strategies
and green architecture. Promote better housing
typologies and layouts that provide quality spaces for
social integration and economic opportunities.
Management measures that maintain or enhance the
sense of place must be implemented.
o The use of open space, green infrastructure and for
amelioration of extreme urban weather conditions (e.g.
flash floods and heatwaves) must be considered to
avoid wall-to-wall development.
o Development proposals must incorporate measures to
adapt to climate change pressures for the region.
Energy efficiency and water wise designs must also be
taken into consideration.
o Ensure that all new developments include a ‘range of
elements’ that contribute to a more sustainable and
legible urban environment.
o The municipal SDF and its associated urban edge
Settlement (type of settlements should define areas suitable for the expansion of existing
are as follows: Regional Service settlements.
Centre, Specialised Coastal o Municipal SDFs should divert urban growth pressures
Centres, Villages and Rural away from CBAs.
hamlets and Coastal resorts) o Use CBA, ESA and high potential and unique
agricultural land mapping to inform delineation.

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o Prevent settlement encroachment into agricultural


areas, scenic landscapes and biodiversity- and
ecological system service priority areas, especially
between settlements, and along coastal edges and
river corridors.
o Urban “fringe areas” earmarked for urban development
or expansion should be included in the Settlement SPC.
o Higher densities and appropriate development
typologies.
Urban edge to protect agricultural land of high
potential and contain settlement footprints.
o The attributes set out above were used as an informant for the development of the Urban
Development Zone, which is shown spatially on Figure 4 below. The dataset used as an
informant for the development of this EMZ was derived from the latest municipal SDF for
current and future urban development planning. Applicants and EAPs are advised to
consult the GIS database that forms part of this EMF to ensure that all the relevant
environmental attributes are identified for the project location and that the most
accurate and up-to-date information is being consulted. Ground truthing will always be
required in respect of any identified activities. Such ground truthing would also be
valuable in determining the extent of the impact assessment required.

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3.5.5. Controlled EMZ /SPC

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EMZ/SPC Description and Objective Guidelines on Land Use and Activities


The controlled zone was o Restrict up-slope development.
established with the intention of o Rehabilitation of rivers, streams, and buffer areas, to
ensuring sustainable create natural corridors.
development on landscapes o Apply buffer areas around wetlands and core areas.
that can withstand marginal o Rehabilitate and protect riverine corridors.
impacts. Development activity is o Extend the river setback, to retain an agricultural buffer.
allowed if controlled and o Contain the urban footprint within the urban edge.
monitored in a sustainable o Prevent ad-hoc outward expansion of urban settlements
manner. This zone contains by maintaining tight urban edges.
Controlled areas

heritage and scenic resources o Contain future proposed development within the urban
that are important to society for edge and maintain a tight urban edge.
sense of place and an element o Development within Other Natural Areas (ONAs) may be
of wilderness. permitted and controlled.
o To retain aesthetic appeal of the landscape.
o To reduce the development within areas vulnerable to
change.
o Protection of irreplaceable resources (conservation
zones).
o No settlement or infrastructure development below the
1:50-year flood line. Only appropriate settlement or
infrastructure development within the 1:100-year flood
line.

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o No activity that would result in erosion or destabilize


slopes, including cultivation of land erection of structures
or building
o ONAs consist of land that is of less biodiversity
importance. Unlike the CBAs, the ONAs do not need to
be protected in order to meet biodiversity thresholds,
therefore allowing for controlled development to occur.
o Conservation and tourism orientated developments
should be promoted within the buffer area.
o High density developments, industrial developments,
mining activities and other high-impact developments
should be avoided in the buffer area.
Buffer 1 o These areas may be natural or they may be degraded
Other Natural Areas (Natural to but still play an important role in supporting the
Near natural/ Degraded) functioning of PAs or CBAs, and are essential for
delivering ecosystem services.
o These areas should be restored and/or managed to
minimize impact on ecological infrastructure functioning;
especially soil and water-related services.
o Conservation activities as per Core 1 and 2 Areas,
including sustainable consumptive or non-consumptive
uses.
o Forestry or timber plantations may be included in this
category.

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o Biodiversity compatible land uses, as informed by


transformation thresholds, including rural
accommodation.
o Development (e.g. structures) in support of both tourism
and biodiversity conservation in Core Areas, preferably
located in Buffer 1 and 2, if logistically feasible.
o Buffer areas be protected from over-grazing and
trampling, in order to avoid wetland shoreline and river
bank erosion and destabilization.
o Other Natural Areas: Minimize habitat and species loss
and ensure ecosystem functionality through strategic
landscape planning. Offers flexibility in permissible land-
uses, but some authorisation may still be required for
certain land-uses.
o To minimise the loss of intact habitat which play an
important role in the conservation of threatened species.
o To ensure that development within high-risk areas (such
as flood lines) are controlled.
o Protection of irreplaceable resources (conservation
zones).
o No settlement or infrastructure development below the
1:50-year flood line. Only appropriate settlement or
infrastructure development within the 1:100-year flood
line.

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o No activity that would result in erosion or destabilize


slopes, including cultivation of land erection of structures
or building.
o Limit the type of development - only low impact
development should be acceptable (such as certain
linear service infrastructure).
o • Where higher impact development cannot be
avoided, development should be compatible with the
zone aim to enhance biodiversity protection (e.g.
ecotourism).
o Avoid hard development and structures below the 1:50-
year flood line and allow only development that could
withstand / accommodate floods below the 1:100-year
flood line (e.g. sport fields, parkland / open space).
o Avoid development on steep slopes and/ or ensure
design addresses risks. Where development is proposed,
relevant specialist input to be attained to generate
mitigation strategies that may offset the negative
impacts of the proposed development.
Buffer 2 o Buffer 2 includes areas designated as Other Natural
Ecological Areas, located in an extensive and/or intensive
Support Area agriculture matrix (i.e. livestock production) as the
2/ Other Natural Areas (Natural dominant land use.
to Near natural/ Degraded) o To minimize habitat and species loss and ensure
ecosystem functionality through strategic landscape

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planning. The areas offer flexibility in permissible land-


uses, but some authorisation may still be required for
certain land-uses.
o Potential for controlled low impact development,
thereby allowing for protection of more sensitive
resources.
o The attributes set out above were used as an informant for the development of the
Controlled Zone, which is shown spatially on Figure 5 below. Applicants and EAPs are advised
to consult the GIS database that forms part of this EMF to ensure that all the relevant
environmental attributes are identified for the project location and that the most accurate
and up-to-date information is being consulted. Specialist studies would always be required
for “ground truthing” purposes in respect of any identified activities. Such ground truthing
would also be valuable in determining the extent of the impact assessment required.

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4. Urban Areas / Urban Edges


One of the objectives of this SDF/EMF is to identify and establish an “Urban Area” for Mossel Bay which could be used in the
identification of listed activities and evaluation of environmental applications. The EIA Regulations 2014 define “urban
areas” as “areas situated within the urban edge (as defined or adopted by the competent authority), or in instances where
no urban edge or boundary has been defined or adopted, it refers to areas situated within the edge of built-up areas”.
There is a difference between “urban areas” in terms of the EIA Regulations, 2014 and “urban edges” in terms of the MSA.

In terms of the EIA Regulations, “urban areas” are defined and adopted by the environmental authorities, while “urban
edges” in terms of the Municipal Systems Act is defined by Municipalities. In 2012, the Department issued a NEMA EIA
Circular 1 of 2012 that defined an “interim urban edge”, which means “the current extent of urban development including
serviced erven and erven for which rezoning approvals have been granted”. This means that erven that were either already
lawfully developed as urban development or were already rezoned or lawfully serviced prior to 5 March 2012, are regarded
as being within urban areas. The exception is if this Department has adopted different urban areas through the use of, for
example, EMFs or as part of an EIA process. In the identification of the urban areas in this SDF/EMF, the “5 March 2012” date
of determining urban areas has been shifted to the current status quo.

There are places where the urban edge and urban area includes Critical Biodiversity Areas (CBAs). The purpose of the
urban edge (to direct future development) and the management priorities of CBAs are often in conflict with each
other. For this reason, where CBAs are on the periphery of urban areas, these have in most part been excluded from the
urban area. Where these are inside the town, these areas have been included in one of the conservation EMZs (Core 1 or
Core 2).

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Neither the urban edge nor the urban areas guarantee development rights. The urban edge and urban areas indicate a
desired urban form for a sustainable urban environment and through the compilation of this document all high-level
information is considered. Where required to do so, development located inside the urban edges or urban areas will still go
through planning and environmental administrative process before development can commence. It is therefore not
correct to assume that if an area has been identified as an urban area that it can or will be developed.

Some conflicts and pressures that may arise are those pertaining to development clustered around existing infrastructure
and natural features. If not effectively managed this type of clustering may contribute to the existing cumulative impacts
and cause a number of environmental problems, ranging from water pollution to land degradation. Further conflicting land
uses include any land use that will deprive landowners and communities of their existing rights relating to the lawful use of
the land or negatively affect the safe, undisturbed and quiet enjoyment of their properties. Conflicts and pressures can,
however, be managed if recognised and planned for in a pro-active manner, as this framework and other parallel tools
set out to do.

Comparison between the urban edge and urban areas of towns in the Mossel Bay Municipality can be seen below. There
are differences between the urban edge and urban area of Mossel Bay town. The areas that are inside the urban edge
but outside the urban area are indicated as one of the other EMZs/SPCs. In a revision of the SDF/EMF, the aim is to ensure
that the urban edge and urban area are better aligned. The alignment of the urban edge and urban area will create
better certainty for development planning within these areas.

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Figure 12: Mossel Bay Town Urban Edge / Area

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Figure 13: Danabaai Urban Edge / Area

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Figure 14: Hartenbos Urban Edge / Area

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Figure 15: Hartenbos North

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Figure 16: Kleinbrak Area

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Figure 17: Groot-brakriver Urban Edge / Area

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Figure 18: Glentana Urban Edge / Area

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Figure 19: Vleesbaai Urban Edge / Area

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Figure 20: Boggomsbaai Urban Edge/ Area

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Figure 21: Herbertsdale Urban Edge / Area

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Figure 22: Friemersheim Urban Edge / Area

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Figure 23: Ruitersbos Urban Edge / Area

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Figure 24: Brandwacht Urban Edge/ Area

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5. General Guidance for EIA Process


This section provides guidance on the use of the EMF in respect of the EIA Regulations (2014) and for the use of the EMF
when undertaking an application for environmental authorisation. This section provides strategic guidance and deals with
the manner in which the EMF should be used in the EIA process.

5.1. Use of the EMF


The SDF/EMF should be used as follows:
• As a screening tool to evaluate whether the proposed location for a project is appropriate or not. This should be done
through consulting both the SDF/EMF document and the associated GIS database. “Groundtruthing” would be of
assistance in this regard. Where more than one location is under consideration, the SDF/ EMF could be used to establish
which option would be the most suitable. Furthermore, the SDF/EMF could be consulted prior to acquiring land (e.g.
prior to purchase), as part of the process of assessing its suitability for a particular use, purpose or project.

• As a scoping tool to identify the issues that require investigation as part of the EIA process. Each attribute that is indicated
as being present at a particular location and its surroundings would need to be considered and relevant specialist input
obtained where relevant. Note that a site should not be viewed in isolation since impacts can extend beyond cadastral
or property boundaries. Thus, attributes within close proximity to the proposed development location must also be
considered. This would be particularly relevant where a proposed development will rely on resources outside of its
boundaries or where it would result in the discharge of emissions, effluent or wastes. The use of the SDF/EMF to assist
scoping should involve reference to both the SDF/EMF document and the associated GIS database. “Groundtruthing”
would be of assistance in this regard.

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• As an impact assessment tool, particularly in respect of determination of the acceptability of impacts. The tables that
provide the management framework for each EMZ/SPC are applicable in this regard. Acceptability of impacts should
be tested against the objectives, desired outcomes and limits of acceptable change described in these tables.

• The earlier the SDF/EMF is consulted in the project planning and design process, the greater the potential for formulating
a development proposal that is appropriate and that meets important sustainability criteria. Identifying issues that may
be ‘showstoppers’ at an early stage is invaluable. These would be those issues that have significant potential for the
rejection of the proposed development by I&APs and/or that have a high risk of having environmental authorisation
refused. The SDF/EMF would also serve to identify issues that represent ‘red flags’. These would be those issues that need
to be addressed to ensure the proposed development is appropriate. Such issues require investigation and the
development would need to be responsive to the findings of the resultant studies. The more the development proposal
responds to the sensitivity of environmental attributes (e.g. through avoiding adverse impacts), the greater the potential
for it to be accepted and to make a positive environmental and social contribution.

5.2. Roles and responsibilities


The roles and responsibilities in respect of the SDF/EMF are concerned with its implementation. There are various parties that
have a role to play in giving effect to the SDF/EMF. These are:
• The environmental decision-making authorities (competent authority in respect of environmental authorisations
under section 24 of NEMA).
• Commenting authorities
• Authorities responsible for natural resources management
• Environmental Assessment Practitioners / Specialists
• Applicants
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• Interested and Affected Parties

Table 4: Roles and responsibility in respect of the SDF/EMF

ROLE RESPONSIBILITY
DEA&DP, DFFE, and the Department of • Take the SDF/EMF into account: Cognisance must be taken of the SDF/EMF when
Mineral Resources – competent considering environmental applications in the area covered by the EMF. This is a
authority for issuing environmental requirement of regulation 2(1)(c) of the 2010 EMF Regulations and of section 24(3) of
authorisation1 NEMA.
• Measure performance: The competent authorities should include performance
indicators in their Annual Performance Plans to track the extent to which environmental
decision are aligned / not aligned with the EMF.
• Maintain the SDF/EMF: Ensure that the SDF/EMF is kept up-to-date in accordance with an
appropriate review period schedule. In doing so, cognisance must be taken of policy
and legal developments as well as information pertinent to environmental trends
including (but not limited to) the provincial and municipal SoER / Environmental Outlook
Report, water resource management plans, biodiversity plans, waste management
plans and AQMPs.
DEA&DP (sections responsible for • Keep track of transformation of biodiversity: This applies in general and in particular to
Climate Change; Biodiversity and CBAs/CESAs/FEPAs and listed threatened ecosystems. Monitoring of levels of illegal
Coastal Management; Sustainability, conversion of natural areas also needs to be undertaken.
Waste Management, Air Quality

1
“environmental authorisation”, when used in Chapter 5 of NEMA, means the authorisation by a competent authority of a listed activity or specified activity in
terms of this Act, and includes a similar authorisation contemplated in any Specific Environmental Management Acts (NEM Protected Areas Act, NEM
Biodiversity Act, NEM Air Quality Act, NEM Integrated Coastal Management Act, NEM Waste Act and National Water Act). That is, ‘environmental
authorisations’ include emissions and waste licenses/permits, in addition to EIA authorizations.
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Management, Pollution and • Monitor remaining areas of natural, indigenous vegetation: It is essential that remaining
Chemicals Management) areas of natural vegetation are monitored in relation to conservation targets and that a
CapeNature reliable record of areas formally protected for conservation is maintained.
SANBI • Revise biodiversity plans: It is important that any loss of CBAs/CESAs/FEPAs triggers a
revision of associated biodiversity plans and re-assessment of areas needed to meet
conservation targets, when and where practicable.
• Coastal Management: Keep track of the transformation of coastal areas and availability
of coastal access to the public.
• Environmental Quality: Keep track of the state of air quality, water quality and waste
management in the municipal area.
DEA&DP (sections responsible for • Take the SDF/EMF into account: Although there is no specific regulatory obligation
spatial and development planning) placed on this Directorate to consider the EMF in decision-making, it must be borne in
mind that an obligation is placed on all organs of state to consider the NEMA principles
in respect of any activity for which they are responsible, where the activity could have
significant environmental consequences. Decisions that involve land use and spatial
planning would fall into this category. The EMF has taken cognisance of the NEMA
principles and thus provides a mechanism for the Directorate to meet this legal
obligation. Similarly, the EMF offers support to the Directorate in giving effect to the
Environmental Right in the Constitution. It also supports the realisation of the Provincial
Government of the Western Cape’s strategic objective relating to the mainstreaming of
sustainability into its activities.
Municipalities • Take the SDF/EMF into account: Although there is no specific regulatory obligation
placed on the municipality to consider the EMF in decision-making, it must be borne in
mind that an obligation is placed on the municipality to consider the NEMA principles in
any activity that could have significant environmental consequences. Decisions that
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involve land use and spatial planning would fall into this category. The EMF has taken
cognisance of the NEMA principles and thus provides a mechanism for the municipality
to meet this legal obligation. Similarly, the EMF offers support to the municipality in giving
effect to the Environmental Right in the Constitution. Furthermore, the EMF would be of
assistance to the municipality in drawing up comments on environmental applications in
its role as a commenting authority.
Other authorities • Take the SDF/EMF into account: Consider the SDF/EMF in decision-making as it is a
requirement to consider the NEMA principles in any activity that could have
significant environmental consequences. The EMF has taken cognisance of these
principles and thus provides a mechanism for the authority concerned to meet this
legal obligation.
• Use the SDF/EMF for commenting purposes: The SDF/EMF would be of assistance in
drawing up comments on environmental applications.
Environmental Assessment • Take the SDF/EMF into account: Consider the EMF when conducting Basic
Practitioners and specialists Assessments or Scoping and Environmental Impact Reporting processes. The SDF/EMF
serves as a guide for the location of development proposals. It also provides
assistance in identifying potentially significant impacts and risks upfront. In this regard,
impacts should be evaluated within the context of the management objectives and
the limits of acceptable change detailed in the SDF/ EMF. The objective of this
approach would be to determine whether impacts are within acceptable levels or
not. Finally, the EMF provides an early indication of specialist studies that may be
required. EAPs should bear in mind that the competent authority is obliged to
consider the SDF/EMF in its decision-making process. Thus, if the SDF/EMF is not
considered in the impact assessment process, there is a high probability that these
reports will be rejected.
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To ensure efficient implementation, the Mossel Bay Municipality needs to provide appropriate SDF/ EMF training to the
relevant officials who are involved in administering the SDF/EMF, commenting on proposed developments in the Municipal
Area and making decisions on land-use applications. Whilst training should focus on the use of the SDF/ EMF as a decision
support tool, the SDF/ EMF should also be used as a mechanism to build the capacity of officials responsible for natural
resource management and land-use decision-making.

New staff should be trained in the use of the SDF/EMF as part of their induction, and it is recommended that all staff making
use of the EMF receive a “refresher” training session annually. This should also assist in identifying any shortcomings of, or
difficulties experienced in implementing the SDF/ EMF, which will serve to inform future updates thereof.

5.3. Decision-making framework


Concern regarding the mainstreaming of environmental considerations into development and investment decisions has
been debated and expressed at an international level. Among others, this is evidenced by the nature of international
discussions associated with climate change and biodiversity conventions. This is despite the commitment made by
governments, including South Africa, to promote the integration of the principle of environmental protection into
development decision-making, as set out in the Rio Declaration. In an analysis by the United Nations Development
Programme, United Nations Environment Programme, World Bank and the World Resources Institute 2it is concluded that
development decisions are being made without local information, consultation, or support. Accordingly the contribution
of ecosystem goods and services to human welfare is not being adequately recognised, which leads to erosion of civil and
economic rights, as well as natural heritage.

2
United Nations Development Programme, United Nations Environment Programme, World Bank, World Resources Institute, (2003): World Resources 2002 –
2004: Decisions for the Earth, Balance, Voice and Power.
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One of the reasons that this situation exists is that there is a “disconnect” between different levels of decision-making. There
are basically two types or levels of decision-making: namely strategic decisions and implementation decisions, which are
interdependent. Progress with mainstreaming environmental considerations into development decisions has improved in
the last decade in South Africa through the development of tools such as biodiversity plans and the prioritization of
freshwater resources.

In the context of determining how land should be used (i.e. development planning) strategic decisions, are primarily
concerned with defining the direction over the long-term. Thus, a strategy would reflect the “desired future state” of an
area or region, for example. Strategic decisions range from the adoption of international agreements, the formulation of
national policies and plans (which become gazette as White Papers) and the preparation of Spatial Planning Frameworks,
as the PSDF and Municipal SDFs. Similarly, an EMF can be regarded as a strategic-level document and its endorsement or
adoption by the Minister or MEC responsible for environmental matters amounts to a strategic-level decision.

Implementation decisions relate specifically to the management or control of development on a particular site or area.
Decisions at this level (site specific) ought to be aligned with the strategy for the area. If they are not, they have the potential
to undermine the strategy and its vision and goals. This in turn means that it would be highly unlikely that the “desired future
state” put forward in the strategy would be achieved. Thus, given that a sustainable future is generally acknowledged to
be desirable, decisions about development and economic growth must be taken with sustainability principles in mind.

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5.4. Using the EMF to inform environmental decision-making


The significance of impacts caused by development depends on:

• The nature of the proposed development (e.g., heavy industry is generally associated with high pollution potential and
health hazard) and the extent to which potential impacts can be effectively mitigated; and
• The attributes of the receiving environment (e.g., scarce water resources, sensitive, vulnerable, or threatened
ecosystems, fertile soil / productive agricultural area, sensitive cultural resources).
• Where the characteristics and value of the receiving environment are unique or considered to be irreplaceable, almost
any type of development would cause significant impacts. This situation is represented by Core 1 and 2 EMZs/SPCs.
Where the receiving environment is less sensitive in that there are important attributes, but these are not irreplaceable,
the nature of the development would determine the significance of impacts.
• Development proposals that would lead to environmental impacts inconsistent with the recommendations of the control
zones and associated limits of acceptable change should not be authorised unless there are unique and/or exceptional
circumstances. These ‘exceptional circumstances’ would be associated with over-riding public good issues such as
meeting basic needs and the equitable distribution of resources. Projects involving public infrastructure developments
where it can be demonstrated conclusively that there are no alternative locations for these projects, and no options
exist for delivering the intended benefits to the public would fall into this category. Where at all possible, development
should strive to exploit opportunities to make a net positive contribution to the health of the environment and wellbeing
of people in the Mossel Bay municipal area as well as avoiding negative impacts.

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6. Mossel Bay Human Settlements Instrument


Intrinsic to this planning is the need to
rationalise settlement patterns to promote
more effective use of existing opportunities for
all sectors of society. Mossel Bay Municipality
has ear-marked 44 sites within its urban edge
which will consolidate and rationalise existing
low-income human settlement patterns and
seek to improve gross settlement density for
Mossel Bay, in line with national and provincial
planning legislation and policy such as the
Spatial Planning and Land Use Management
Act, 2013 (Act No.16 of 2013) (“SPLUMA”) and
Western Cape Land Use Planning Act, 2014
(Act No. 3 of 2014) (“LUPA”) development
principles, as well as the Provincial Spatial
Development Framework, 2014 (“PSDF”). Figure 25 Sites identified (44) for human settlements

Section 24(2)(e) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (the Act) allows for the MEC
with concurrence from the Minister to exclude activities identified in terms of sections 24(2)(a) and (b) of the Act from the
need to obtain environmental authorisation based on an environmental management instrument adopted in the
prescribed manner.

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The Department of Environmental


Affairs and Development Planning
are in the process of preparing the
Mossel Bay Human Settlements
Environmental Management
Programme (“EMPr”), to avoid,
manage and mitigate the
environmental impacts and risks
associated with the activities of the
proposed human settlements,
which are identified in section
24(2)(a) and (b) of the Act. The
instrument is being developed
based on the Mossel Bay Spatial
Development Framework (2018
and 2022), a Supplementary
Environmental Impact Report, the
Figure 26 - Sites in Mossel Bay ear-marked for housing development
Botanical Impact Assessment for
proposed future and current development within the Mossel Bay Municipality (2016) undertaken, existing Environmental
Authorisations and EMPr’s of existing human settlement in the Mossel Bay Municipality. Should the EMPr meet the
requirements and principles contained in section 2, 24(1) and 24N of the Act, it will be adopted as an environmental
management instrument in terms of section 24(2)(e) of the Act.

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Many of the areas ear-marked for subsidised human settlement are, however, currently categorised in the latest Western
Cape Biodiversity Spatial Plan (2017) compiled by CapeNature as either Critical Biodiversity Areas (“CBAs”) or Ecological
Support Areas (“ESAs”) which triggers the need for caution before development is initiated. These classifications suggest a
potential incongruence between conservation and land development goals for the areas in question, which usually
requires an environmental impact assessment to ensure that conservation targets are not compromised in meeting
development demands. In addition, other activities detailed in listing notices 1, 2 and 3 of the 2014 Environmental Impact
Assessment Regulations (as amended) (“the 2014 EIA Regulations”) promulgated in terms of NEMA may be triggered which
would require individual Environmental Authorisation before development can commence.

A Biodiversity specialist (Jan Vlok) conducted detailed site inspections of 44 such sites and provided opinions on the
biodiversity status and conservation value of each site. Based on their recommendations, some sites were found to be
suitable for development and others not.

Sites with existing EA Sites which require individual Sites that could be considered for
consideration to obtain EA exclusion
15, 16, 17, 19, 20, 21 1, 2, 18, 28, 42, 44 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 22, 23,
24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35,
36, 37, 38, 39, 40, 41, 43
6 already have EAs and consequently 6 trigger the need for an EA as a result 32 were found to be suitable from a
do not warrant further investigation of existing conditions or as a biodiversity and spatial planning
and should not form part of the consequence of insufficient perspective for consideration for
submission for exclusion to the Minister information being available to make exclusion from the need for

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an informed decision and should environmental authorisation, even


therefore be excluded from the though they may have triggered listing
submission to the Minister for exclusion notices. In view of existing information,
they are regarded as suitable for
inclusion in the submission to the
Minister for exclusion.
Table 5: Key findings pertaining to the 44 sites where subsidised housing is planned.

Although a total of 44 sites have been identified, only 14 sites will be included for exclusion. The 44 sites were identified as
part of previous planning work undertaken within the Mossel Bay Municipal area, including but not limited to, the Mossel
Bay Growth Options Study and the Mossel Bay Municipal Spatial Development Framework development process. These
sites are all situated within the Council approved Urban Edge boundaries.

The Instrument aims to unlock these portions of land within the Mossel Bay Municipality that can be used for human
settlements, whilst preventing unacceptable environmental impact from occurring. The Instrument will aid the Mossel Bay
Municipality, specifically to make available areas for human settlement developments. Should the Instrument meet the
requirements and principles contained in section 2, 24(1) and 24N of the Act, the intention is to adopt it as an environmental
management instrument for the purposes of section 24(2)(e) of the Act. Based on compliance with the Instrument the
following identified activities will be excluded from the need to obtain environmental authorisation in terms of the section
24(2)(e) of the Act:

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Listing Reference Activity description The sites that are included


for exclusion in the
Instrument
Listing Notice 1: Activity 9 The development of infrastructure exceeding 1000 metres 3, 4, 5, 6, 7, 13, 14, 22, 37, 38,
in length for the bulk transportation of water or stormwater- 39, 40, 41, 43
(i) with an internal diameter of 0,36 metres or more; or
(ii) with a peak throughput of 120 litres per second or more;
excluding where-
(a) such infrastructure is for bulk transportation of water or
storm water or storm water drainage inside a road reserve;
or
(b) where such development will occur within an urban
area.
Listing Notice 1: Activity 10 The development and related operation of infrastructure
exceeding 1000
metres in length for the bulk transportation of sewage,
effluent, process
water, waste water, return water, industrial discharge or
slimes:
(i) with an internal diameter of 0,36 metres or more; or
(ii) with a peak throughput of 120 litres per second or more;
excluding where-
(a) such infrastructure is for bulk transportation of sewage,
effluent, process water, waste water, return water,
industrial discharge or slimes inside a road reserve; or
(b) where such development will occur within an urban
area.

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Listing Notice 1: Activity 24 The development of-


(i) a road for which an environmental authorisation was
obtained for the route determination in terms of activity 5
in Government Notice387 of 2006 or activity 18 in
Government Notice 545 of 2010; or
(ii) a road with a reserve wider than 13,5 meters, or where
no reserve exists where the road is wider than 8 metres;
but excluding-
(a) roads which are identified and included in activity 27
in Listing Notice 2 of 2014; or
(b) roads where the entire road falls within an urban area.
Listing Notice 1: Activity 27 The clearance of an area of 1 hectares or more, but less
than 20 hectares of indigenous vegetation,
except where such clearance of indigenous vegetation is
required for
(i) the undertaking of a linear activity; or
(ii) maintenance purposes undertaken in accordance with
a maintenance management plan.
Listing Notice 1: Activity 28 Residential, mixed, retail, commercial, industrial or
institutional developments where such land was used for
agriculture or afforestation on or after 01 April 1998 and
where such development:
(i) will occur inside an urban area, where the total land to
be developed is bigger than 5 hectares; or
(ii) will occur outside an urban area, where the total land
to be developed is bigger than 1 hectare;

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excluding where such land has already been developed


for residential, mixed, retail, commercial, industrial or
institutional purposes.
Listing Notice 2: Activity 15 The clearance of an area of 20 hectares or more of
indigenous vegetation,
excluding where such clearance of indigenous vegetation
is required for-
(i) the undertaking of a linear activity; or
(ii) maintenance purposes undertaken in accordance with
a maintenance management plan.
Listing Notice 3: Activity 4 The development of a road wider than 4 metres with a
reserve less than 13,5m
In Western Cape:
i. Areas outside urban areas:
(aa) Areas containing indigenous vegetation;
(bb) Areas on the estuary side of the development
setback line or in an estuarine functional zone where no
such setback line has been determined; or
ii. In urban areas:
(cc) Areas zoned for conservation use; or
(dd) Areas designated for conservation use in Spatial
Development Frameworks adopted by the competent
authority.
Listing Notice 3: Activity 12 The clearance of an area of 300 square metres or more of
indigenous vegetation except where such clearance of
indigenous vegetation is required for maintenance

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purposes undertaken in accordance with a maintenance


management plan.
In the Western Cape
i. Within any critically endangered or endangered
ecosystem listed in terms of section 52 of the NEMBA or
prior to the publication of such a list, within an area that
has been identified as critically endangered in the
National Spatial Biodiversity Assessment 2004;
ii. Within critical biodiversity areas identified in bioregional
plans;
iii. Within the littoral active zone or 100 metres inland from
high water mark of the sea or an estuarine functional zone,
whichever distance is the greater, excluding where such
removal will occur behind the development setback line
on erven in urban areas; or
iv. On land, where, at the time of the coming into effect of
this Notice or thereafter such land was zoned open space,
conservation or had an equivalent zoning.
Listing Notice 3: Activity 15 The trans formation of land bigger than 1000 square metres
in size, to residential, retail, commercial, industrial or
institutional use,
where, such land was zoned open space, conservation or
had an equivalent zoning, on or after 02 August 2010.
In the Western Cape
i. Outside urban areas, or
ii. Inside urban areas in:
(aa) Areas zoned for conservation use or equivalent
zoning, on or after 02 August 2010;

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(bb) A protected area identified in terms of NEMPAA,


excluding conservancies; or
(cc) Sensitive areas as identified in an environmental
management framework as contemplated in chapter 5 of
the Act as adopted by the competent authority.

Table 6: Identified EIA listed activities that will be excluded from the need to obtain environmental authorisation.

*Note: The Instrument will follow a separate process to the EMF and will be made available to the public to comment on in
more detail.

7. Sustainability Indicators:
7.1 Purpose
The purpose of the indicators is to provide a basis for measuring performance. In the case of the EMF, the indicators are
focused on primarily on the EIA Regulations, with a view to assessing the performance of this system against policy goals
and priorities and in relation to objectives and desired outcomes described in this EMF. Indicators are provided for:

• Environmental authorisation compliance


• Green economy
• Biodiversity and ecological integrity
• Agricultural resources
• Water resources and water quality
• Heritage resources

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• Environmental quality and risk

It is envisaged that these indicators would be incorporated into the performance management system of the competent
authority (environmental) in respect of its environmental impact management role. Other decision-making authorities
could also utilise these indicators (e.g., land use and planning decision-makers). It is not the intention that all the indicators
be applied as this would result in a potentially cumbersome performance monitoring system. Rather, a wide range and
number of indicators are provided from which the most meaningful, useful, and appropriate would be selected.

7.2 Indicators

7.2.1. Environmental authorisation compliance


• Number of incidents of non-compliance with conditions of environmental authorisation.
• Number of incidents of non-compliance with conditions of authorisation that have resulted in environmental pollution
or degradation.
• Number of incidents of non-compliance with conditions of authorisation that have resulted in the reduction of or loss in
extent of environmental resources.

7.2.2. Green economy


• The number and type of projects authorised which have resulted in job creation through community-based natural
resource management and the number of jobs created.

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• The number and type of projects authorised where green


technology has been applied to reduce water use and the
extent of water savings achieved.
• The number and type of projects authorised where green
technology has been applied to reduce energy use and the
extent of energy savings achieved.
• The number and type of projects authorised where green
technology has been applied to reduce waste production and
the extent of waste reduction achieved.
• The number and type of projects authorised where green
technology has been applied to reduce pollution to air, water, or
land. Figure 27 - Illegal Dumping - Photo Credit: Liza Petersen

7.2.3. Biodiversity and ecological integrity


• The number and type of projects that have been authorised which have resulted in loss or reduction in the area (ha) of
CBAs, CESAs, FEPAs and important ecological corridors.
• The number and type of projects that have been authorised which have resulted in a reduction in the area of unique
or special habitats.
• The number and type of projects that have been authorised which have resulted in a decline in the number of
threatened or local endemic plant or animal populations.
• The number and type of projects authorised that have resulted in the loss or infilling of wetlands and the number of
wetlands affected.

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• The number and type of projects authorised that have resulted in land conversion (ha) within the prescribed buffer
zones of river corridors and wetlands.
• The number and type of projects authorised where
an area of land has been committed to formal
conservation in terms of NEMPAA and/or set aside
as a biodiversity offset.
• The number and type of projects authorised which
have resulted in a reduction of the area (ha) of
invasive alien plant cover (e.g., through clearing)
and where this area is undergoing an ecological
restoration process.
• The number and type of projects approved in
which wetlands have been restored or created
and the extent thereof (ha).
• The number and type of projects authorised which
include riverine corridor restoration and the extent
Figure 28 - Open Space inside Urban Area - Mossel Bay - Photo
thereof (ha). Credit: Liza Petersen

7.2.4. Agricultural resources


• The number and type of projects authorised which have resulted in the loss of irrigated agricultural land (ha).
• The number and type of projects authorised which have resulted in the loss of dryland agricultural land (ha).

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7.2.5. Water quality and flow


• Number and type of projects authorised that require water abstraction from rivers or water bodies.
• Number and type of projects approved that require water abstraction to the extent that could threaten the
maintenance of the ecological reserve or in-stream flow requirements in rivers.
• Number and type of projects authorised that will result in the release of effluent into rivers or water bodies.
• The number and type of projects authorised that result in changes to the floodlines, such that flooding risk has changed
and whether this risk has increased or decreased.

7.2.6. Heritage resources


• Number and type of projects authorised which have resulted in the damaging or destruction of heritage resources.
• Number and type of projects authorised which have resulted in restoration and/or given formal protection.

7.2.7. Hazards
• Number and type of projects authorised which have a known nuisance or pose a hazard and are located next to
sensitive land uses.

7.2.8. Environmental quality and risk


• Number and type of projects authorised which have a known nuisance or pose a hazard and are located next to
sensitive land uses.
• Number and type of projects authorised that are located in risk areas such as flood prone areas.
• Number of inhabitants within the Mossel Bay area.
• Number of households with access to toilets.
• Number of households with access to potable water.
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• Type of dwelling occupied by inhabitants.


• Number of inhabitants per dwelling.
• Average household income.
• Number of household members employed including their gender and age.
• Number of household members at school, including an indication of the highest level of education for each household
member.
• Average income per capita in the study domain Gini Coefficient for the study domain.
• Descriptive statistics of the economy of the Mossel Bay area, including:
o The areas GDP
o The sectoral composition of the GDP
o Trends within the economy.

7.2.9. Indicators – adherence to the EMF


• Number of applications authorised that meet the EMF management objectives relevant to the application.
• Type/nature of EMF objectives where difficulty is being experienced in meeting these.
• The number of applications where trade-offs have been applied in decision-making where the outcomes/objectives of
the EMF are being met.
• The number of applications where trade-offs have been applied in decision-making where the outcomes/objectives of
the EMF are being undermined.
• The nature of trade-offs that are being applied in decision-making – what is being traded off and why?

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8. UPDATING OF THE SDF/EMF


This SDF/ EMF is to remain a live document that will need to be updated on a regular basis to ensure that it remains relevant
given the changing environmental and socio-economic conditions and availability of new information in the Municipal
Area. Changes to the SDF/ EMF must be subject to a public participation process as determined by the EMF Regulations of
2010 and other relevant policies.

8.1 Review Cycle


It is recommended that the SDF/ EMF be formally reviewed and updated in alignment with the review cycle of the Municipal
SDF (i.e. every 5 years). Additional reviews should be undertaken during scheduled reviewing of the SDF document, which
this SDF/EMF informs and is appended to. The revision process should involve the following:

• The revision cycle would be initiated by the Mossel Bay Municipality and DEA&DP in consultation with the relevant
authorities.
• The DEA&DP should inform the national Department of Forestry, Fisheries and the Environment of the SDF/ EMF revision
process.
• The DEA&DP should inform other relevant national, provincial, and local authorities that the EMF is entering a revision
cycle. These authorities can be requested to advise as to whether they have useful information to contribute.
• Establish whether new or revised data with respect to environmental attributes are available. The GIS database and
Situation Assessment must be updated accordingly.
• Management guidelines should be updated to incorporate any new relevant guidelines and eliminate any guidelines
that have become redundant.
• The desirability of land-uses in areas characterised by the individual environmental attributes should be reviewed in line
with possible policy changes or as a result of difficulties encountered in the application of the SDF/ EMF.
• Determine whether new or revised policies and/or guidelines relating to sustainability, heritage resources, biodiversity,
water and other resource management have been published that are of relevance to the SDF/ EMF area. Review the
criteria on management objectives, desired outcomes and limits of acceptable change in light of new or revised
policies/guidelines.
• Land-use definitions and associated activities listed in the EIA Regulations should be reviewed, to reflect any changes
to the EIA Regulations.
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• Evaluate whether the attribute criteria for the EMZs/SPCs are still relevant and revise as necessary. Update the SPC/ EMZ
maps and the associated tables as relevant.
• Determine whether trends and pressures identified in the SDF/ EMF are still relevant, whether negative trends have
worsened, stabilised or reversed, and if there are any new trends emerging that pose challenges for environmental
management, drawing in particular on SoER and/or Environmental Outlook reports. Review the categories of SPC/ EMZ,
and the criteria relating to management objectives, desired outcomes and limits of acceptable change, as
appropriate, to address these trends. Integration with spatial plans.

The information base used to determine EMZs/SPCs in this SDF/ EMF comprises the best available up to date data on a wide
range of attributes. These EMZs/SPCs should therefore inform the pattern and direction of future development and thus the
decision-making process. Furthermore, they should be used by the municipality to assist in defining an urban edge and
giving environmental input into the spatial planning documents and zoning schemes.

Assess the performance of the SDF/ EMF against the relevant indicators and determine where performance has been weak
and where it has been satisfactory. In particular, ascertain whether the EMF has contributed to the reversal of negative
trends and if so, how this was achieved. If the SDF/ EMF is deemed to have resulted in a worsening of negative trends, then
the reasons need to be established so that these weaknesses can be addressed in the revision process. The results of this
performance assessment process should be used to inform the Scope of Work for the SDF/ EMF revision/updating. It is
preferable to involve other relevant authorities in the evaluation of performance of the SDF/ EMF.

This SDF/ EMF, once adopted, must be considered in all future reviews of the IDP and other planning documents.
Specifically, any changes in land-use proposed in the SDF/ EMF, e.g. location of new developments or protected / open
space areas, must be checked for compatibility to avoid placing proposed developments in areas identified as unsuitable
in the SDF/EMF. This should increase the efficiency with which the Mossel Bay Municipality will be able to execute their
spatial planning, as projects are less likely to be held up by lengthy approval processes or to require costly engineering
solutions, should the planning of such development have taken the recommendations of the SDF/ EMF into account.

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9. REFERENCES

DEA&DP. 2019. Western Cape Land Use Planning Guidelines Rural Areas (March 2019)
DEA&DP. 2020.Western Cape Government Department of Environment and Development Planning. Strategic Plan 2020-
2025. Available from www.westerncape.gov.za/eadp.
DEA. 2010. Environmental Management Frameworks in terms of the EMF Regulations 2010, Integrated Environmental
Management Guideline Series 6, Department of Environmental Affairs (DEA), Pretoria
DEA.2012. Environmental Management Framework Guideline for Implementation.
Department of Environmental Affairs and Development Planning (DEA&DP), 2019 Western Cape Land Use Planning
Guidelines Rural Areas, 2019.
Department of Rural Development and Land Reform (DRDLR), 2017. Guidelines for the Development of Provincial,
Regional and Municipal Spatial Development Frameworks and Precinct Plans, 2017.
Errol Cerff, Erik Botha, Ingrid Eggert and Grant Benn. 2017. Mossel Bay SDF/EMF Supplementary Environmental Information
Document. Department of Environmental Affairs and Development Planning (DEA&DP).
Mossel Bay Municipality. 2018. Spatial Development Framework (SDF) Final Report.
Royal HaskoningDHV. 2018. Coastal Management Lines for Eden District: Project Report. Department of Environmental
Affairs and Development Planning (DEA&DP).
SANBI, 2017. Western Cape Biodiversity Spatial Plan Handbook, 2017.

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