1. Implementing the legal framework for estuaries: Lessons learned from the Western Cape
MPA Forum
26 October 2016
Marlene Laros
Director: Biodiversity and Coastal Management Department of Environmental Affairs and Development Planning

2. SUSTAINABILITY IS A ‘NESTED MODEL’
Estuarine management – a case for co-operative governance
Governance
Environment
Economy
Society
Individual Quality of
Life
Overview Western Cape Estuary Management Programme
ICMA and the NEMP
Recent legal challenges
Learning lessons
Source: National DEA: State of Environment Report 2016
PG MTEC 1 Engagement - Vote 9 - DEA&DP & CapeNature - 04 October 2016

3. Coastal Management Programme

4. Provincial Coastal Management Programme
PRIORITIES FOR COASTAL MANAGEMENT
Priority Area 1: Social, Economic Development and Planning;
Priority Area 2: Cooperative Governance and Local Government Support;
Priority Area 3: Facilitation of Coastal Access;
Priority Area 4: Climate Change, Dynamic Coastal Processes and Building Resilient communities;
Priority Area 5: Land and Marine-Based Sources of Pollution and Waste;
Priority Area 6: Natural and Cultural Resource Management;
Priority Area 7: Estuary Management;
Priority Area 8: Capacity Development, Advocacy and Education
Priority Area 9: Monitoring, Compliance and Enforcement.

7. Western Cape Estuaries Programme
Estuary Management Framework and Implementation Strategy (EMFIS)

8. SA = 300 functional estuaries WC = 62, 20 = EMPs
City of Cape Town = Poor
West Coast and Overberg = Fair
Eden = Good
PG MTEC 1 Engagement - Vote 9 - DEA&DP & CapeNature - 04 October 2016

10. Priority Area 7: Estuary Management
Goal: Co-ordinated and integrated estuary management optimises the ecological, social and economic value of these systems on an equitable and sustainable basis.
Coastal Management Objectives:
7.1 To develop and implement a provincial estuary management programme
7.1.1 Develop an Estuary Management Framework and Implementation Strategy.
7.1.2 Development and implementation of the Breede River Estuary Management Plan.
7.1.3 The finalisation of priority Estuary Management Plans (15 from CAPE).
7.1.4 The development of Estuary Management Plans for the remaining estuaries on a prioritised basis (17).
7.1.5 The development of Mouth Management Plans for prioritised estuaries (10).
7.2 To ensure that priority habitats associated with estuaries are protected
7.2.1 The expansion of the MPAs in the WC Protected Area Expansion Strategy include priority estuaries where appropriate.
7.2.2 Priority biodiversity habitats associated with estuaries are included in the WC Spatial Provincial Biodiversity Plan.
7.3 To co-ordinate estuarine management research
7.3.1 Engage research partners and direct estuary management research to address WC priorities.

11. Western Cape Estuary Programme: 3-year deliverables (1)
COMPONENT A: Development of mouth management plans for priority estuaries
Mouth Management Plans must be developed and compiled for the following list of ten (10) priority estuaries:
Estuary name
Municipal District
Verlorenvlei
West Coast
Jakalsvlei
Onrus
Overberg
Uilkraals
Klein
Heuningnes
Bot
Breede
Overberg/Eden
Goukamma
Eden
Groot Brak

12. Western Cape Estuary Programme: 3-year deliverables (2)
COMPONENT B: Development and finalisation of Estuarine Management Plans (EMPs)
Priority estuaries (17) for which Estuarine Management Plans are to be compiled:
West Coast
Overberg
Eden
Sout
Buffels
Duiwenhoks
Wadrift/Langdrift
Rooiels
Blinde
Klipdrifsfontein
Gwaing
Ratel
Kaaimans
Maalgate
Noetsie
Blaauwkranz
Groot
Matjies
Piesang
Sout (East)

13. Western Cape Estuary Programme: 3-year deliverables (3)
COMPONENT B: Development and finalisation of Estuarine Management Plans (EMPs)
EMP’s to be amended based on recommendations of the Department of Environmental Affairs (2014) National Estuarine Management Protocol and review of Existing Estuarine Management Plans
West Coast & City of Cape Town
Overberg
Eden
Olifants
Bot/Kleinmond
Goukou
Verlorenvlei
Klein
Gouritz
Berg
Uilkraals
Klein Brak
Diep
Breede
Great Brak
Zandvlei
Heuningnes
Knysna
Keurbooms

14. Western Cape Estuary Programme: 3-year deliverables (4)
COMPONENT C: Development of the Estuary Management Framework and Implementation Strategy for Western Cape Province.
Estuary Management Framework and Implementation Strategy
Institutional framework for Estuarine Management Forums (EMFs)
Consolidated existing municipal legislation and a draft set of regulations
Guidelines and best management practices for developers, coastal managers
Programme and material to be utilised to capacitate estuary stakeholders

15. In Summary

16. Legislation, policy and standards

17. Overview of legislative context

18. LEGISLATION THAT REGULATES AND GUIDES HOW ESTUARIES MUST BE MANAGED
The main legislative instrument: is ICM Act as amended.
Specific provisions for estuarine management are found in sections 33 and 34 of the ICM Act, in particular the publication of the National Estuarine Management Protocol (NEMP).
Western Cape Nature Conservation Ordinance

19. LEGISLATION: ESTUARINE MANAGEMENT AND THE HUMAN ACTIVITIES
Section 28 of the NEMA places a general duty of care on all to prevent pollution and degradation of the environment. This includes the estuarine environment. The National Biodiversity Assessment (NBA) groups the following threats to estuarine health and diversity together:
• Flow modification
• Pollution (e.g. agriculture, waste water treatment works, industrial, sediment)
•Exploitation of living resources (fish and invertebrates)
•Habitat destruction (within estuarine functional zone)
•Climate change
Policy and legislation that regulate estuaries, and the activities that impact on estuary health and diversity can be group into the following three broad areas:
1) Water quality and quantity
2) Land use and infrastructure development
3) Living resources within estuaries
The NEMP also includes these three broad areas in its list of management objectives and activities that must be addressed in an EMP.

20. Estuarine Management and the NEMP

21. THE NEMP SECTION 4: STANDARDS FOR ESTUARINE MANAGEMENT
Best practice
Estuarine management must aim at best practice in terms of use, management and protection of estuaries based on principles of ecological sustainability and co-operative governance;
Climate change
Estuary management planning must consider the predicted impacts of climate change and management of potential disasters including pollution events;
Land use planning
Integration of land use planning and natural resource management outcomes with estuarine management outcomes must be promoted;
Scientific evidence
Management actions should be based on sound scientific evidence and where lacking, the precautionary approach should prevail;
Negative impacts
An estuary must be managed to avoid, minimize or mitigate significant negative impacts that include but are not limited to reduced water flows and loss of habitat or species;
Ecological category
An estuary must be maintained in its ecological category as determined in the 2011 NBA and subsequent updates in order to meet biodiversity targets, and to take into account the recommended extent of protection and recommended ecological health category; and
Ecological Reserve
and Resource Quality Objectives
The classification and setting of the Ecological Reserve and Resource Quality Objectives (RQO) of an estuary must take into account the current ecological health status, recommended extent of protection and recommended ecological category in order to meet the biodiversity targets as set in the 2011 NBA and the subsequent updates.

22. Institutional arrangements – MPAs and PAES areas
An estuary that is within a protected area or that is identified as part of a protected area expansion strategy
The management authority responsible for the protected area must develop an EMP in consultation with relevant government departments;

23. Learning lessons

24. Mouth Management Plans and Maintenance Management Plans
Abbott judgement in the Western Cape and estuary breaching responsibilities – context of excellent work by some local municipalities
Disaster Management legislation and the need to consider climate change – responsibilities for district and local governments
Providing appropriate linkages between the EMP, the MMP and the regulatory instrument to undertake the breaching activity
Flood line determinations for estuaries and proper informants to development setbacks

25. Co-operative governance and capacity – the biggest challenge
Clear roles for EAFs
Stakeholders distinguishing the EMP, the management authority roles and the individual mandates, e.g. Breede River
Zonation and by-laws
Compliance and enforcement
Development planning and management
Estuarine MPAs are literally “holding the baby” – institutional learning processes

26. Enkosi Thank You Dankie
Marlene Laros
Director: Biodiversity & Coastal Management
Enkosi Thank You Dankie