Section C - Mossel Bay MSDF - EMF - Version 2 - 2023 - PPP
Section C - Mossel Bay MSDF - EMF - Version 2 - 2023 - PPP
ENVIRONMENTAL
MANAGEMENT VISION
AND DIRECTIVES
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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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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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.
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.
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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.
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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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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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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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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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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.
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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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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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.
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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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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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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.
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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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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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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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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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• 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.
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.
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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• 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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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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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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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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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:
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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
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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
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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.
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• 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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