Oceans and Coasts briefing by Department of Environmental Affairs

Meeting report

Briefing by Department of Environmental Affairs (DEA)

Dr Monde Mayekiso, Deputy Director General (DDG): Oceans and Coasts, DEA, said that the presentation would cover legislation and policy frame works, Ocean and Coastal Areas jurisdiction, functional areas and mandates, and focus areas as per Chief Directorate.

Dr Mayekiso presented in detail the structure of the South African coastal zones, ocean and costal jurisdiction with the aid of maps and diagrams. South African territorial waters were within 12 Nautical miles range, further 12 Nautical miles up was the maritime cultural zone then about 200 Nautical miles from there was the Exclusive Economic Zone (EEZ). This was the area in which South Africa had exclusive rights to resources on these waters. South Africa also had an Island called Marion Island which also had a radius of the South African EEZ around it. An application for an extension of the EEZ was presented to the United Nations which was still pending.

Special reference was made by Dr Mayekiso to the various key legislative frameworks governing the Department. These included the National Environmental Management Act (NEMA): Protected Areas Act; NEMA: Biodiversity Act; the old Sea Shore Act of 1935; the relatively new National Estuaries Management Protocol; the Dumping at Sea Control Act; the Integrated Coastal Management Act of 2008 (ICM Act); and the Sea Birds Control Act.

Mr S Mabilo (ANC) asked about the old Sea Shore Act of 1935. Why where the old absolute Acts being partially repealed instead of being completely overhauled so as to ensure relevance to current dispensation? Regarding the Integrated Coastal Management Act which referred to the use of vehicles, did the Department have the capacity to enforce the Act?

Adv Radiz Razack, Director: Law and Compliance, DEA, explained that what resulted in the delay in repealing the entire old Sea Shore Act was that it covered some operations that Transnet had an interest in and therefore felt they would be economically prejudiced in the event of total repeal. For the sake of Transnet some leasing provisions were left to avoid unintended consequences. After negations between the concerned parties an Amendment Bill had finally been drawn which would totally repeal the 1935 Sea Shore Act. The Bill had been passed into an Act and would come into action on the 30 April, 2015.

The Chairperson urged co-operation with National Council of Provinces (NCOP) because there had been difficulties in passing the Act as NCOP seemed to have been convinced by Transnet which also caused a delay. He further emphasised the need to identify and repeal archaic legislation as it slowed the transformation process.

On the question on enforcement of the Coastal Management Act, Dr Mayekiso responded that all compliance officers from the Marine and Coastal Management division were transferred to the Department of Agriculture, Forestry and Fisheries (DAFF). The capacity now therefore rested on Environmental Management Inspectors who were not employed by the Department but other government agencies.

Mr M Shelembe (NFP) requested clarity and further elaboration on the Atlantic Treaties Act.

Dr Mayekiso explained that Antarctica was managed on behalf of humanity by 25 countries including South Africa which met annually to devise policies. This arrangement had faced resistance in the past as some felt Antarctica should be managed by the United Nations (UN).

Ms H Kekana (ANC) asked who controlled the EEZ zones.

Dr Mayekiso answered that various Departments regulated the EEZ which included the Department of Transport, DAFF, and Department of Mineral Resources, depending on the issue involved. There had been no holistic approach on the utilisation of the ocean. In this aspect the Department admits that it had been sleeping on the job.

Ms H Nyambi (ANC) asked if there were any activities taking place in the EEZ and was there capacity to effectively enforce ownership and usage of resources in the EEZ?

Dr Mayekiso said that the integrity of the EEZ was safeguarded by the SA Navy. In the case of regulation a variety of government agencies were involved in this case and sadly lack of coordination had been the result. However, Operation Phakisa – an initiative aimed at fast-tracking the delivery of the priorities outlined in the National Development Plan – was soon expected to solve this issue.

The Chairperson referred to the pending application to the UN for extension of EEZ areas and asked for the exact number of the Nautical Miles being applied for. He expressed serious concern about why the potential of EEZ had not been realised and exploited for such a long time spanning over 20 years while other countries had long been reaping huge economic benefits out of them. He further urged the Department to identify those countries so that South Africa could draw knowledge and experience from them. Could it be said that the Department had been sleeping on the job all along?

Mr Ashley Naidoo, Chief Directorate: Oceans and Coastal Research, DEA, said that South Africa’s EEZ covered 200 nautical miles from the coast which was about 400km and also 200 miles from the Marion Islands. The additional area that was applied for would add another 1.8 million square kilometres to the existing 1.5 million square kilometres. This development would mean that the entire ocean area between Marion Island and South Africa would be covered as an EEZ and all the shipping traffic in the busy East West trade route would be passing through. The UN law stated that only countries whose land area was found to be sloping into the sea could apply for the extension.

Integrated Coastal Management Act

Mr Yazeed Peterson, Director: Coastal Pollution Management, DEA, said the mandate was derived from the ICM Act, which set out the roles and responsibilities of coastal management. It had improved the issues of coordination. At least 30 percent of people lived in coastal areas and the numbers were increasing as further economic growth was expected along the coast. The South African coastal waters played a very important role as an interface between the country, the Southern African Development Community (SADC) and the rest of the world.

Challenges faced in striking a balance between development and environmental integrity included climate change, human activity, coastal erosion, pollution, urban development with and restricted public access because of private developments.

Equitable access to the coastline, as advocated for by the ICM Act, was a key initiative of the Department. However, after 20 years this had not been realised and there was restricted access. In the past this had been attributed to discrimination on racial lines but now it was being curtailed by private property owners.

Waste disposal into the sea had increased three fold, and municipalities were facing challenges associated with the aging infrastructure leading to sewage spills. The Department was mandated by ICM to regulate disposal of waste at sea to ensure good water quality and to protect people from disease, especially the vulnerable groups which research had identified as the elderly, youth and those with compromised immune systems. The Department had therefore set up quality standards and a permitting system.

Overall the enactment of ICM had seen positive strides taken. ICM had improved coordination between Departments, given greater clarity, greater consensus, and better implementation from government.

Mr Mabilo referred to page 9 of the presentation where he noted that private owners were preventing public access to resources at the coast. He asked why after 20 years the prime coastal land was still owned by rich people who denied public access to natural resources there. Was there any transformation around that? As 30 percent of the population lived in coastal areas, how did these people benefit economically and in terms of empowerment, besides being a source of labour? Was the Department involved in any economic activities there?

Dr Mayekiso admitted that there had been a delay. The Sustainable Development Policy on Costal Management was approved 2009, and it took until 2010 to enact an Act, which was quite a long time. Hence there were many access issues and more challenges were faced in dealing with gated communities, with some owners not residing in the properties. Eerste River was a case in point, where private roads were making access even more difficult. The Department was working in a number of pilot projects, but caution must be taken to avoid lawsuits that may create unintended precedents in the case of a loss.

The Department did not directly participate in activities at the coast, except for a few cases like Shark Diving which remained after tourism was weaned off the Department. Otherwise other Departments were the ones involved in activities.

Ms Mnyambi asked if the Department had determined the number of pipes that discharged sewage into the sea? How many pipes have been cleared with the advent of ICM Act? What was the Department doing about those who erected illegal structures along the coast?

Dr Peterson responded that there were slightly over 120 pipelines. The Department was reviewing status nationally and looking at previous compliance of the pipelines, the nature and quality of effluent and how it had changed over the years. They were not able to identify hotspots as yet.

Ms Kekana asked whether this concurrent governance envisaged by ICM led to conflict between the Departments.

Mr T Hadebe (DA) asked if the Department had put its shortage of compliance officers as a priority for budgetary purposes.

Dr Mayekiso answered that the Department did not have any compliance budget, it only enforced what was identified, the duty of the Department was to monitor and enforce.

The Chairperson acknowledged that the eco-services entailed, amongst other things, the sea’s ability to absorb waste and act as a buffer zone against climate change, how could the effectiveness and ability be measured?

Dr Mayekiso admitted on that issue the Department had been ‘sleeping on the job’. There had been a lack of coordination from various Departments involved in environmental management like the Department of Transport, DAFF and the Department of Mineral Resources. The DEA would have to establish a baseline and indicators but currently they had to rely on external indicators from other countries.

Mr Mabilo asked again how people living on the coast line were being empowered economically.

The Chairperson asked whether any economic benefits were accruing to the people, and in light of the fact that only affluent people resided on the coastlines, some even having holiday homes, was there any form of transformation in place to avoid undesired consequences?

Dr Mayekiso answered that the Department had the capacity to transform only as far as they had the authority to do so. They may steer things in areas where they had responsibility, other Departments like the Department of Public Works could also play their part. National Government had the overall power as it owned the resources.

The Chairperson expressed hope that most of the difficult questions will be answered by the implementation of Operation Phakisa.

Ocean conservation

Dr Jonas Mphepya, Chief Directorate: Oceans Conservation, DEA explained that the Department had a responsibility in ensuring conservation in these the ocean and Antarctica. One of the major environmental challenges that had been noted was the decline in the African Penguin population. The African Penguin was classified as a predator and this was used as an indicator of the status of the ecosystem, a decrease in the hake population and increase in sea acidity had also been observed.

Cabinet had tasked DEA to do an analysis of the economic potential of the ocean and it was estimated that Gross Domestic Product (GDP) could be increased from 127 billion to 177 billion in 30 years and 800 000 to 1 million jobs created. The President then introduced Operation Phakisa in implementing the decision of the Cabinet. There was a Draft Bill that would be introduced in December 2015 to deal with management of the ocean, sustainable use, and the identification of ocean economies. Another Phakisa initiative would be marine special planning which identified different ocean resources for specific areas.

Antarctic

South Africa was one of the original members who were signatories of the Atlantic Treaty and the only African state. This treaty covered 5 key areas, nuclear testing or dumping was prohibited, and research was key in participating in the club. Only South Africa served as the Antarctica gates. Northern Hemisphere countries had expressed huge interest in the continent, which left one wondering why the sudden interest. South Africa had one base station in Antarctica which accommodated 80 people. China, South Korea and India had increased their bases. The need for energy security was making countries up activates in Antarctica. South Africa had been a member since 1961 but it still had only one base, while China was building a fourth base although they were only a new member. Countries like Malaysia did not have a base but had much higher patent generation than South Africa. There was a need to urge other countries in Africa to join to increase Africa’s voice as continent and research capacity. Antarctica was rich in mineral resources and played a major role in global weather systems.

Ms J Steenkamp (DA) asked if the Department was also responsible for sand mining regulation, considering that illegal sand mining was rife. If the Department was responsible for dune encroachments, what had it done about it?

Dr Mayekiso answered that this involved another Department, municipalities and provinces would not be in a position to answer to that now. The Department did not have a definite answer.

Ms Kekana asked what the country was benefitting from the Marion Islands.   

Dr Mayekiso responded that the benefit was the opportunity to be able to study the ocean at country level, at a closer proximity (only 5 days away). This would allow detection of early impacts of climate change, changing breeding patterns of Penguins and identification of extreme weather conditions.

Mr Mabilo asked whether overfishing was a factor in the depletion of ocean natural resources. What was the Department doing about the fact that the country did not own a ship? Was there a specific time line for that?

Dr Mayekiso answered that the Department was not sure if the upward movement of Pritchards was caused by overfishing or environmental changes or even both.

Mr Lisolomzi Fikizolo, Chief Director: Specialist Monitoring Services, DEA, said it was difficult to acquire a ship because many international organisations were involved. Few vessels were willing to invest and register in the South African ship register. Some Korean ships had however expressed their intention to register under Phakisa.

Mr Mabilo added that some of the reasons were that the past injustices where all the ships were sold off in 1993.

The Chairperson asked what the Department was doing about the threats facing the bigger fish species and their breeding patterns. What did that say about the health of our ocean? Why did South Africa still have only one base in light of the serious potential in mineral deposits and natural resources and fresh water found in Antarctica.

Mr Naidoo responded that species which bred on land had decreased because people have moved in, so species like penguins had been adversely affected. Because of fishing penguins were struggling to get their food so they were now forced to move further up.

Mr Shelembe asked about how true rumours that fish were falling from the skies in Thailand were.

Oceans Coast Research

Mr Naidoo said that South Africa was strategically located where two different currents met at the same place, the warm Argulus met the cold Benguella. The West coast had smaller fish in large numbers whilst the East coast had fewer, bigger fish. A 42-year-old ship was being used to do research. There were collaborations with various universities in research such as University of the Western Cape and Rhodes University. There had also been collaboration in research with South American countries but that was at an early stage.

Ms Kekana asked whether it was a good thing or bad that the Indian Ocean met the Atlantic in the country.

Mr Naidoo answered that it was a good thing because it positioned the country as a unique place that attracted interest all over the world.

The Chairperson asked what the health of our Ocean was. What was the progress on the South American collaboration mentioned?

Mr Naidoo responded that the health of the ocean was good in terms of integrity of systems.

Dr Mayekiso responded that regarding the collaboration with South America, the country was relatively new in these kinds of research. The Department had been slow after noting that the originators were Northern countries who discovered that their weather systems were affected by those in the South.

Mr Naidoo added that they were slow because they wanted to be involved in their own agenda in the South.

The Chairperson asked what the results of the collaboration between the Department and the universities were.

Mr Naidoo said that because of diversity of the animals, research had discovered rare potential enzymes to be used in developing Asthma medication, cosmetics and anti-aging creams.

Specialist Monitoring Services

Mr Fikizolo said that there was a need to monitor what was happening in the ocean so that it could be quantified and then management plans could be put in place. Monitoring physical changes, chemical changes and biodiversity indicators was necessary. Specific focus was on water quality monitoring, there were 75 legal discharge points and 11 designated material drenched disposal sites. Plans were underway to have a national laboratory to act as a reference for water monitoring services. The Department was engaged in a consultative process with universities and Municipalities. The challenge was with the metros which had laboratories which were not accredited, around them they had smaller municipalities which also discharged effluent into the ocean but they had no laboratories. National Oceans Management systems were being developed, and budget funding of R8 million had been provided for it.

The Chairman asked Mr Fikizolo to provide a written list of the responsibilities the Department had in relation to international and regional treaties.

The meeting was adjourned.