Climate Change Department

Durban Joins Cities of the World At The Cities For Life Summit: A Parallel Event To CBD COP 11

Durban was among the 500 participants, including approximately 220 local government representatives from 47 countries to attend the city and sub-national biodiversity summit, Cities for Life, held in parallel with the CBD/COP11 on 15 and 16 October in Hyderabad, India.

Participants included 60 city and sub-national leaders (governors, mayors, deputy mayors, and commissioners) as well as representatives of national, international and UN organizations, and experts in the field. The aim of the summit was to foster and unite local action for biodiversity. Some of the highlights of the summit include:

A strong and consolidated commitment by the various spheres of government and other organisations that attended to the implementation of biodiversity conservation and management, with particular reference to the Aichi Targets.
The launch of the Cities and Biodiversity Outlook (CBO).
Introduction to the Cities in Biodiversity Hotspots Programme, a ten-year global initiative seeking to provide over 250 cities located in and around the 35 biodiversity hotspots of the world with a platform to take action on biodiversity and aid city-to-city learning.
Drafting of the Hyderabad Declaration which among other things, reiterated the critical role that local governments play in preventing biodiversity loss. This was presented as the message from local and sub-national governments at the high level segment.

Councillor Zamazulu Ruth Sokhabase attended the Cities for Life Summit on behalf of His Worship Mayor Nxumalo and was applauded for Durban’s continuous dedication to biodiversity conservation and management as well as for innovation in this area. Acknowledgement was also made to the Durban Commitment which was first signed in 2008 at the international LAB (Local Action for Biodiversity) workshop held in Durban. By signing the Durban Commitment, local governments acknowledges accountability and responsibility for the health and well-being of its community through protecting, sustainably utilizing and managing biodiversity.

The Cities and Biodiversity Outlook - A Time of Challenges and Opportunities

The Cities and Biodiversity Outlook (CBO) was launched at the Cities for Life Summit this year during the CBD/COP11 held in Hyderabad, India. This report is the first global assessment of the links between urban development, biodiversity and ecosystem services and draws on contributions from over 120 scientists and policy-maker from around the world. The most important message from the CBO is that more than 60 % of the area projected to be urban by 2030 is yet to be built, a challenge to natural environments but also an opportunity for urban dwellers to foster sustainable stewardship of the planet’s living resources.

Other key messages from the CBO are as follows:

Rich biodiversity can and does exist in cities.
Biodiversity and ecosystem services are critical natural capital.
Maintaining functioning urban ecosystems can significantly improve human health and well-being.
Urban EGS and biodiversity contributes to climate-change mitigation and adaptation.
Increasing the biodiversity of urban food systems can enhance food and nutrition security.
EGS must be integrated in urban policy and planning.
Successful management of biodiversity and EGS must be based on multi-scale, multi-sectoral, and multi-stakeholder involvement.
Cities offer unique opportunities for learning about a resilient and sustainable future.
Cities have a large potential to generate innovations and governance tools and therefore can—and must—take the lead in sustainable development.

The UKZN Sandstone Sourveld Research Programme: Research Collaboration between the University Of KwaZulu-Natal and EThekwini Municipality

The UKZN Sandstone Sourveld Research Programme recently celebrated the completion of the first year since its inception, following the signing of a Memorandum of Agreement for a joint Research Programme between the University of KwaZulu-Natal’s School of Life Sciences and eThekwini Municipality’s Environmental Planning and Climate Protection Department. The Programme focusses on environmental management, specifically biodiversity conservation within KZN Sandstone Sourveld, in the face of global changes that include the impacts of a changing climate.

KZN Sandstone Sourveld is currently classified as critically endangered and endangered by EKZNW and SANBI, respectively. Its distribution is entirely within KZN extending from Kranskop near the uMvoti River in the north to the Mtwalume River in the south. In the EMA, this ecosystem is found in isolated localities between iNanda Mountain and uMbumbulu.

Scientists estimate that within the eThekwini Municipality approximately 73% of this vegetation has already been lost through transformation for agriculture and development, with only 0.2% being under formal protection within the province of KwaZulu-Natal. This veld type has high species richness, especially forbs and high rates of endemism (e.g. Berkheya umbellate, a forb species endemic to KZN) coupled with vital ecosystem services (e.g. a source of medicinal plants, ground water recharge and storm water attenuation).

Ecological FootPrinting

One of the requirements of the Host Country Agreement with the United Nations Framework Convention on Climate Change is the calculation and mitigation of the event's local carbon footprint. However, the carbon footprint of an event does not take into consideration the impacts of the increased consumption of other natural resources such as water, food and energy.

Neither does it consider the impact on ecosystem services that are needed to supply these resources and take up the waste outputs. Such ecosystem services include water supply, energy production, food production, waste assimilation and dilution. As part of the COP17/CMP7 Greening Programme, the eThekwini Municipality will develop and test a methodology for calculating the ecological footprint of COP17/CMP7.

An ecological footprint provides an indication of the quantities of resources consumed or waste generated, as well as the demand that this consumption places on natural assets. A methodology to develop an ecological footprinting that is specific to the local context has been created. This will provide an opportunity for eThekwini Municipality to (1) pioneer the use of a new tool within the context of the COP17/CMP7 Greening Programme so that this can be used in future events; (2) raise awareness of the full environmental impact of COP17/CMP7 and the types of interventions that would be needed to offset this, specifically in relation to biodiversity and (3) use the outputs of the ecological footprint calculation to prompt changes in behaviour from delegates at future events. It is anticipated that this methodology will have legacy value beyond the COP and that it can be used in future by other event host cities as part of their greening programmes.

To learn about the possible ecological footprint for COP 17/CMP 7 Click here

Invasive Alien Plants: Their Nature, Management, and Links to Climate Change

The Nature of Invasive Alien Plants

Invasive Alien Plants (IAPs) are plants that have arrived in a new location, usually as a result of human activities, be they accidental or intentional. In the case of South Africa, most of the invasive alien plant species that have proved most problematic as invaders, in fynbos and other biomes arrived between 1825 and 1860 along with inward waves of human migration.

Please click here to read more

WHAT'S NEW

About the Environmental Planning and Climate Protection Department (EPCPD)

The environmental management function of the municipality was established in 1994. The intervening years have been full of challenge and change. The department has grown from a single staff member to a fully-fledged department with a current staff complement of 21. At the same time we have seen our area of jurisdiction increase as the municipal area grew in size from 300km2 to 2290 km2 - extending from a highly urbanised city core to a tribally controlled rural periphery.

Not surprisingly the priorities of local government have also changed during this time. Local governance structures have realigned themselves to respond to the necessity of building a new and democratic South Africa. As a result, poverty reduction and meeting basic needs became key local government objectives, paralleling growing global awareness that environmental management and protection are not possible in a world of inequality and poverty.

An increase in the complexity and scope of South Africa’s environmental legislation has posed further challenges and opportunities. In response to these changing circumstances, the department’s role has also changed considerably over time. Previously known as the ‘Environmental Management Department’ (EMD), the original sustainable development mandate of the department (effective from 1994-2002) has now been mainstreamed through the city-wide Integrated Development Planning (IDP) process.

This means that sustainable development became the core business of every municipal official and department, not just of the EMD.

This in turn allowed the department to refocus its activities (2002 onwards) on a more specialised area of

environmental management i.e. the planning and protection of the city’s Biodiversity. More recently, the department has also taken a leadership role within the city around the issue of climate change. In 2004 eThekwini Municipality initiated a Municipal Climate Protection Programme (MCPP). An important intervention included in the MCPP is the mainstreaming of climate change considerations into all aspects of the work undertaken by the Municipality.

To this end approval was given in 2007 for the establishment of a Climate Protection Branch within the Department. The creation of the branch demonstrates a clear commitment by the Municipality to address climate change in the most serious manner possible i.e. through the commitment of human and financial resources.

In light of this more specialised focus for the department, approval was given in November 2009 to change the department’s name to ‘Environmental Planning and Climate Protection Department’.

About: Biodiversity Impact Assessment Branch

Biodiversity Impact Assessment Branch

To assess the potential impacts of development on the Durban Metropolitan Open Space System (DMOSS) and to initiate biodiversity related enforcement action when needed.

To consider the impacts of climate change on development.

Key Tasks

To assess and comment on all building plans and planning applications where the proposed development lies within or adjacent to DMOSS or watercourses;

To assess and comment on all Environmental Impact Assessments and all mining applications that may impact on DMOSS, biodiversity or ecosystem goods and services;

To assess the impact of climate change on proposed developments;

To monitor development to ensure that conditions of approval are complied with;

To ensure enforcement where illegal activities impact negatively on DMOSS, biodiversity, or ecosystem goods and services; and

To ensure that all municipal development projects comply with National, Provincial and Local environmental legislation and policy.

Manager: Biodiversity Impact Assessment

Chumisa Thengwa

Tel: +27 31 311 7517

Email: Chumisa.Thengwa@durban.gov.za

Biodiversity Planning Branch

Purpose

To identify Durban’s important terrestrial, freshwater and marine environments. To protect and manage these environments as part of the Durban Metropolitan Open Space System (DMOSS).

Key Tasks

To identify those areas that must be secured as part of the Durban Metropolitan Open Space System (DMOSS);

To develop and implement tools aimed at securing conservation worthy land;

To develop and implement strategies to deal with specific threats to Durban's natural environment;

To report on the State of Biodiversity in Durban; and

To form partnerships with a range of internal and external stakeholders to protect and manage municipal biodiversity and ecosystem goods and services.

Manager: Biodiversity Planning

Richard Boon

Tel: +27 31 311 7877

Email: Richard.Boon@durban.gov.za

Climate Protection Branch

Purpose

To oversee the development and implementation of the Municipal Climate Protection Programme. This includes the development and implementation of appropriate mitigation and adaptation strategies and projects.

Key Tasks

To assess the local impacts of climate change;

To develop tools that facilitates the incorporation of climate change issues into municipal planning and decision-making;

To develop and implement appropriate mitigation and adaptation plans and projects; and

To develop an understanding of climate change and its impacts amongst key city stakeholders.

Manager: Climate Protection

Dr. Sean O'Donoghue

Tel: +27 31 322 4304

Email: Sean.O'Donoghue@durban.gov.za

Policy Implementation Branch

Purpose

To ensure that other municipal departments, decision makers and public consider biodiversity, ecosystem goods and services and climate protection issues in the development of policies, strategies, plans, programmes and projects.

Key Tasks

To promote the importance of biodiversity, ecosystem goods and service and climate protection in order to gain administrative, political and public support for the conservation of the natural resource base and the implementation of climate change protection initiatives; and

To establish appropriate institutional and public programmes, networks and fora related to broad research, policy development and advocacy of biodiversity, ecosystem goods and services and climate protection.

Manager: Policy Implementation

Joanne Douwes

Tel: +27 31 311 7697

Email: Joanne.Dowes@durban.gov.za

Biodiversity, Climate and Green Project Implementation

Biodiversity, Climate and Green Project Implementation Branch

Purpose

Design and implement large scale implementation programmes, with groundbreaking innovations, that enhance the municipality's ability to protect biodiversity, adapt to climate change and optimisre green job creation in s sustainable manner.

Key Tasks

Oversee the implementation and expansion of relevant programes inclusing the Working for Ecosystems Programme, Working on Fire Programme, and Community reforestation Programme.

Provide training in IAP control, including provision of education materials and in-house advocacy.

Monitor and evaluate IAP control undertaken by the various implementation programmes.

Develop a prioritisation system for accurate and meaningful budget allocation.

Compile and Asset Management Plan for all EPCPD land assets, and update the relevant Asset Databases.

Profile EPCPD projects at a local, national and global level.

Fund raising.

Manager: Biodiversity, Climate and Green Project Implementation

Errol Douwes

Tel: +27 31 311 7952

Email: Errol.Douwes@durban.gov.za

ABOUT

What is the Durban Metropolitan Open Space System

The Durban Metropolitan Open Space System, currently 94 000 hectares in extent, is a spatial layer of interconnecting open spaces in public, private and traditional authority ownership that seeks to protect the biodiversity and associated ecosystem services of Durban for future generations.

Examples of areas included in D’MOSS are nature reserves (e.g. Paradise Valley, Burman Bush and Kenneth Stainbank Reserve), large rural landscapes in the upper catchments and riverine and coastal corridors. D’MOSS is mapped by the Biodiversity Planning Branch of the Environmental Planning and Climate Protection Department (EPCPD) in consultation with relevant experts.

From a natural resource perspective, D’MOSS includes approximately 2 400 ha of estuarine environment, including sand and mudbanks, mangrove and swamp forests; 14 000 ha of forests including dune, coastal and scarp forests; 7 500 ha of wetlands including floodplains, swamp forest and reedbeds; 13 000 ha of grassland including the threatened KZN Sandstone Sourveld Grasslands; and 40 000 ha of dry valley thicket.

D’MOSS thus provides a unique opportunity to conserve many of South Africa’s threatened ecosystems and species including: the endangered KZN Sandstone Sourveld grasslands; the critically endangered Brachystelma natalense (a small herbaceous plant); and the endangered Oribi, Spotted Ground Thrush, and Pickersgill’s Reed Frog. If protected and managed, D’MOSS will assist the province and the country in meeting biodiversity conservation targets.

Why is D’MOSS important?

Apart from contributing to the attainment of provincial and national biodiversity conservation targets, D’MOSS provides a range of services to all residents of Durban, including the formation of soil, erosion control, water supply and regulation, climate regulation, cultural and recreational opportunities, raw materials for craft and building, food production, pollination, nutrient cycling and waste treatment.

From a climate adaptation perspective, the biodiversity that is protected within D’MOSS plays an important role. The impacts of sea level rise, for example, can be reduced by ensuring the protection of well vegetated fore-dunes and setting coastal developments back from vulnerable areas. Increased flood events can be moderated by ensuring that wetlands and floodplains are protected and where necessary rehabilitated. Predicted increased temperatures can also be alleviated by D’MOSS as vegetated areas assist with cooling.

D’MOSS also plays a substantial role in climate change mitigation. Research undertaken in 2006 found that D’MOSS stores the equivalent of 24.7±0.6 million tons of carbon dioxide. In addition, it was conservatively calculated that it sequesters between 31 000 and 36 000 tons of carbon dioxide per annum. Wetlands and forest ecosystems store the most carbon, while disturbed woodlands and alien thickets store the least. These more degraded D’MOSS areas offer restoration opportunities using poverty alleviation projects, providing benefits to biodiversity, people and the climate. Read more about the restoration of habitats by clicking here.

D’MOSS boundaries and D'MOSS GIS

D’MOSS is designed to maintain:

As many functional ecosystems as possible

The widest range of open space types (e.g. grassland, forests, wetland)

Physical links between open spaces to allow for the flow of genetic material, energy, water and nutrients.

Physical links to and between significant sources of biodiversity (e.g. Pondoland and Maputaland centres of plant diversity) to prevent local species extinctions in the eThekwini Municipal Area.

Physical links along the coast, connecting river catchments to marine sources of biodiversity.

D’MOSS boundaries do change, usually for one of the following reasons:

The attrition of the D’MOSS as a result of development

The addition of areas to the D’MOSS as a result of mitigation measures imposed during the development approval process

Changes to the composition of habitats as a result of ecological disturbance

Land identified as environmentally sensitive may be viewed on City Maps on the Home Page of the municipality’s website www.durban.gov.za

The value of D’MOSS to the City

A Work Bank report completed in 2017 shows that natural and semi-natural systems within the eThekwini Municipal Area give rise to flows of ecosystem services worth at least R4.2 billion per year. The total asset value of these areas are estimated to be at least R48 — 62 billion. Without these free services, the municipality would require an unaffordable increase to its budget to provide these services, especially in the rural areas, where communities rely heavily on the natural environment for daily needs.

These ecosystem services help meet our basic needs and enhance our quality of life. The Biodiversity Impact Assessment Branch of the Environmental Planning and Climate Protection Department (EPCPD) is responsible for assessing, and in some cases, regulating development that is proposed within or adjacent to D’MOSS to ensure that biodiversity is protected and the supply of ecosystem goods and services is maintained. This ensures that the quality of life of all residents is enhanced and contributes to ensuring that Durban will be able to respond to the expected impacts of a changing climate.

What can you do to protect biodiversity

The challenges to biodiversity may seem overwhelming, but decisions are made one at a time, with each individual playing some part in making a difference. Durban residents and ratepayers have an extremely important role to play in protecting and enhancing biodiversity. Here are just some of the things you can do:

Plant indigenous

Plant an indigenous garden. Indigenous plants and trees thrive in local soil and climate conditions. They are resistant to pests and diseases and are more likely to attract local wildlife. Let your garden become a wildlife sanctuary in your community. We need to create a mosaic of these sanctuaries all through the city, attracting birds, butterflies and possibly even frogs. If you have a flat roof, you could even plant a ‘green roof’! Only a small layer of soil is needed to be able to start a productive garden on your roof, and this will also help to attract a variety of insects and birds.

Reduce your ecological footprint

Reduce your ecological footprint by doing things like reducing your use of electricity, conserving water, recycling materials and using environmentally products. Using electricity for example, increases the production of greenhouse gases which cause climate change. Climate change in turn poses a serious threat to biodiversity.

You can conserve energy at home by buying energy efficient appliances, using compact fluorescent light bulbs instead of incandescent bulbs, using natural light wherever possible and using blinds to reduce heat and the need for an air-conditioner. You can reduce further production of greenhouse gases by lowering your use of fuel. Start a lift club and share transport instead of driving alone.

Almost every resource that we use comes at some environmental cost, either through the direct use of a natural product (e.g. wood from trees to make paper; plants for medicinal purposes) or through the destruction of part of an ecosystem. For example, over-extraction of water reduces the ability of river ecosystems to function. You can reduce your water consumption by watering your plants with ‘grey water’ (used water from your bathroom and kitchen) or by directing your gutters at home towards the lawn or a rain barrel instead of the pavement. The less water we use, the less damage is done to river ecosystems. The more each of us is able to reduce our footprint, the less we will demand from our natural resources and the lower the risk to biodiversity.

Become a Critical Consumer

Urban living cuts you off from nature. You are cut off from the sources of your food and the other resources you consume. You are also cut off from the places your waste is taken to. Develop more of an interest in the biodiversity consequences of your consumption.

Buy local fruit and vegetables that haven’t used enormous amounts of fuel to get to you. Wherever possible, select organic products that have been produced without the use of pesticides and fertilisers that are harmful to natural ecosystems and biodiversity. Practice green consumerism by buying environmentally friendly products and refuse plastic bags when these are given to you. Plastic is a petroleum based-product and, since petroleum is a fossil fuel, greenhouse gases are released when plastic is produced. Greenhouse gases contribute towards climate change, posing a risk to biodiversity.

Become a Biodiversity Activist

Join a local conservancy which promotes biodiversity conservation, or start your own. Contribute to groups such as World Wildlife Fund (WWF) and Endangered Wildlife Trust (EWT) that work to conserve biodiversity.

Familiarise yourself with regulations that govern zoning and the use of environmental servitudes and abide by these if your property falls into a category that requires environmental protection. Before developing land, consult with the EPCPD to find out about biodiversity constraints.

Durban Metropolitan Open Space System FAQ

D’MOSS AN INTEGRAL COMPONENT OF THE ETHEKWINI PLANNING SCHEMES

BACKGROUND:

For many years D’MOSS existed purely as a policy directive of Council and was implemented in terms of this directive. Due to uncertainty in some quarters on its status with respect to the existing zoning under the respective planning schemes and too often the undertaking of abortive work by some individuals proceeding purely in terms of the existing zoning and unaware of D’MOSS existence, it was decided to integrate D’MOSS into the respective planning schemes as a control area or overlay.

This action would also immediately bring its existence to the attention of anyone inspecting a scheme map. Accordingly following the advertising of a general scheme amendment in the press on a number of occasions in 2009, the holding of a number of public meetings throughout the city, the serving of notices by post on some 18 000 land owners and careful analysis and consideration of all the comments received, D’MOSS was finally integrated into the respective original 54 eThekwini Municipality schemes following its formal adoption by Council on 9 December 2010.

With the consolidation of the Regional Schemes, efforts are now being made to depict D’MOSS on the respective five schemes as overlays over the zoning and in addition D'MOSS may be found as a green (switchable) layer on the Council’s Geographic Information System (GIS).

The GIS is accessible from web site:

http://citymaps.durban.gov.za/website/master/viewer.htm

FREQUENTLY ASKED QUESTIONS

Q. What does the acronym D’MOSS represent?

A. The acronym D’MOSS is shorthand for the Durban Metropolitan Open Space System; this was also previously known as the eThekwini Environmental Services Management Plan or EESMP.

Q. Why is D’MOSS being incorporated into the planning scheme and not being left as a policy layer as in the past?

A. The ability of the eThekwini Municipality to enforce D’MOSS while it was purely a Council policy, albeit in a spatial layer, was limited because it did not enjoy the legislative authority it would have enjoyed as part of a town planning scheme backed by the Natal Town Planning Ordinance No 27 of 1949, as amended.

In addition the environmental qualities of a site may have an impact on development aspirations and municipal and market property values. Introducing D'MOSS formally into the planning scheme regime has reduced these past uncertainties and should lead to far less conflicts with affected parties.

N.B.The planning legal framework for town planning schemes, i.e. the Natal Town Planning Ordinance No 27 of 1949, as amended, was replaced by the KwaZulu-Natal Planning and Development Act No 6 of 2008 from 1 May 2010 and in terms of which all new development applications must be launched. This will not materially affect the individual schemes framed under the former.

Q. Is D’MOSS a zone, and if not, what is it and its implications?

A. D’MOSS is a layer that overlies the underlying town planning scheme zoning. It is a controlled area wherein, despite the underlying zoning, development may not occur without having first obtained the necessary environmental authorisation or support from the Environmental Planning & Climate Protection Department of the eThekwini Municipality, which may or may not be given.

Where it is given it is likely to be subject to significant controls to ensure that the biodiversity and/or the ecosystem goods and services of the designated land is not deleteriously affected.

Q. What is the role of the Environmental Planning & Climate Protection Department in the development assessment process?

A.The Environmental Planning & Climate Protection Department, through its Biodiversity Impact Assessment Branch, assesses all development applications forwarded to it by other departments. These are applications that fall either within or adjacent to the D’MOSS areas and include building plans, special consent applications, rezoning applications, subdivision/township applications or site development plans for multi-unit developments.

The Biodiversity Impact Assessment Branch will assess the potential impact on the environment of the development as proposed, if necessary in conjunction with the Biodiversity Branch, whereafter it will make its recommendations for approval, approval with conditions or refusal, as the case may be.

Q. Will D’MOSS ever be changed to a zone?

A. No. There is no intention to change D’MOSS from a controlled area or layer to a conventional zone. Having said that it may occur that where more definitive boundaries are established for the sensitive environmental areas, that these specific areas will be zoned to Environmental Conservation Reserve when it is intended that these areas are to be acquired to form part of (say) a nature reserve, or to Conservation Zone, if they are to be left in private ownership but permanently protected from development. The latter may have certain rate advantages for the owners (see below). In such cases the D’MOSS footprint is likely to be adjusted to fit the new zone.

Q. How is a D’MOSS controlled area defined within the planning schemes?

A. The following is extracted from Clause 1 - Interpretation of Terms in the planning schemes. "D’MOSS Controlled area" means any area demarcated upon the map by the overprinting of a green hatched pattern (or by a green layer on the GIS), where, by reasons of the natural biodiversity, flora and fauna, topography, or the environmental goods and services provided or other like reasons, development or building may be prohibited, restricted, or permitted upon such conditions as may be specified having regard to the nature of the said area;

Q. What are the development controls or limitations imposed in the D’MOSS controlled areas in terms of the town planning scheme?

A. The following controls are extracted from Clause 10 of the Durban Scheme which deals with. Limitations upon Development Due to Lack of Services, Unsuitability of Land, Environmental and Other Causes in the schemes. N.B. these provisions are also to be found in the other Scheme, however, the numbering may vary between schemes.

(3)

(a) No person shall, within a D’MOSS controlled area (as defined in clause 1) develop any land, or excavate or level any site, or remove any natural vegetation from, or erect any structure of any nature whatsoever, dump on or in or carry out any work upon such site without having first obtained the prior approval of the Council in terms of this sub-clause.

(b) No such approval shall be given unless the Head: Development Planning Environment and Management, after due examination, and subject to such conditions as he/she may specify, is satisfied that any such development, erection or other work referred to in paragraph (a) hereof can be carried out without materially and/or temporarily degrading, destroying, or negatively impacting on the integrity of the biodiversity and/or environmental goods and services found or generated within the said area.

(c) For the purpose of any examination referred to in paragraph (b), the applicant shall, where required by the Head: Development Planning Environment and Management submit such plans or other supporting documentation as the Head: Development Planning Environment and Management may require. Without affecting the generality of the aforegoing, such plans and supporting documentation may be required by the Head: Development Planning Environment and Management to be certified as being correct by an appropriately recognised/registered Environmental Consultant.

(d) The conditions referred to in paragraph (b) hereof may be such as to: -

(i) Restrict the form or nature of the building or structure;

(ii) Limit the size and/or shape of the building or structure;

(iii) Prescribe or restrict the materials of which the building or structure is to be constructed;

(iv) Determine the siting of any building or structure and of any soakpits or other drainage works;

(vi) Prohibit or control any excavation on the site, the construction of any roadways, paths and other garden features;

(vii) Prohibit or control the removal of any natural vegetation;

(viii) Control any other aspects which the Head: Development Planning Environment and Management considers to be desirable.

(e) In any approval or any conditions as may be specified by the Head: Development Planning Environment and Management above, the applicant shall enjoy a right of appeal to the KwaZulu-Natal Planning and Development Appeal Tribunal as established in terms of Section 100(1) of the KwaZulu-Natal Planning and Development Act No 6 of 2008.

Q. What is a conservation servitude?

A. A conservation servitude (sometimes called a non-user conservation servitudes or NUCS) is a servitude registered over a property, normally in favour of the local authority, expressly for the purpose of protecting the biodiversity and/or environmental goods and services found on that property. The servitude diagram would normally be prepared by a land surveyor.

Q. Do D’MOSS controlled areas have to have conservation servitudes registered over them or will the title deed of the property need to be endorsed?

A. D’MOSS areas will not as a matter of course be defined by non-user conservation servitudes (NUCS), nor otherwise entrenched into the respective title deeds. Such a requirement could however be requested as part of the conditions of approval in terms of (say) a development plan submitted to Council. Such development approval may also require the management of the area in terms of an approved environmental management plan.

Q. What is an environmental management plan?

A. An environmental management plan is a detailed plan prepared by an environmental specialist that stipulates management activities that must be followed in minimizing any impact on the environment and, if necessary, in seeking to reverse past degradation.

It may in the case of a proposed development cover action to be taken prior to any construction activities, during construction and post construction, i.e. for the ongoing management of an area. A standard or basic environmental management plan may be obtained on request from the Environmental Planning and Climate Protection Department.

Q. Do D’MOSS controlled areas have to be fenced off?

A. D’MOSS areas will not necessarily be fenced off from the unaffected portion of the property, if this is the case. Such a requirement could however be required as a condition of approval in terms of (say) a development plan submitted to Council. Such development approval may also require the management of the area in terms of an approved environmental management plan.

It should be noted that when there is construction involved it is likely that the erection of a temporary fence/screen during the construction part of the environmental management plan will be a requirement. This is so as to ensure that the construction workers do not enter the sensitive environmental areas or deposit or leave behind building rubble within it.

Q. Are D’MOSS areas subject to nil rates or a rates rebate?

A. In normal circumstances D’MOSS designated areas are not automatically subjected to a rates rebate, although D'MOSS may impact on property values and thus rates payable. In order to obtain a rates rebate it will be necessary to apply for an Environmental Certificate in terms of Section 7.15 of the eThekwini Municipality Rates Policy.

The rates policy has to be set each year by Council and may vary from time to time. Currently in terms of this policy an application form would have to be submitted to the Environmental Planning & Climate Protection Department describing the significance of the property in terms of its biological and landscape features, how it is used by people, e.g. for recreation or education, its broader value to society as a supplier of environmental goods and services (e.g. wetlands reduce water run-off and flooding), whether the property has been recognized by others for its conservation value, whether it currently enjoys any legal protection, and if not whether the owner would be prepared to register an environmental servitude or alternatively allow Council to zone the affected portion of the property for conservation purposes.

It is also necessary to describe the threats that the environmental conservation area currently experiences, the management activities currently undertaken on the land and if so whether these occur as part of an environmental management plan. In summary successful applicants must meet three criteria; 1) the land must be environmentally significant, 2) the environmental asset must be protected, and 3) the land must be managed in terms of an environmental management plan.

Q. In including my property in the D'MOSS layer, is it being expropriated by Council and will I be compensated at market value?

A. No. The property remains in the ownership of the current land owner. The council does not take ownership; it does however restrict what may be done on the land. Accordingly there is no financial compensation paid.

Q. Surely, this is in violation of Section 25 of the South African Constitution relating to property rights and specifically that no one may be deprived of property except in terms of law of general application, and that no law may permit arbitrary deprivation of property?

A. No. As stated above, the property remains in the ownership of the current owner and is not taken over by the Council. The property as a whole may still be developed, albeit that certain very restrictive conditions may be imposed on such development.

It should be noted that Section 24. of the South African Constitution, specifically relating to Environment, has relevance whereby everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations; through reasonable legislative and other measures that prevent pollution and ecological degradation, promote conservation, and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Flowing from this Section, the National Environmental Management Act No 107 of 1998 (NEMA) was framed and this is a law of general application. Any restriction of rights imposed via D’MOSS or via a Conservation Zone is not arbitrary, but is for the public good. Furthermore, legal opinion has been obtained confirming that there is no conflict with the South African Constitution even when land is zoned or designated for conservation purposes.

Q. What occurs if no development is allowed at all on the property, is there still no financial compensation paid?

A. If it so happens that a development application is lodged and at the end of the assessment process it emerges that no development is possible on the land that is otherwise zoned for (say) residential purposes, compensation would be paid at market value after taking into account other development limitations, e.g. over steep land.

Q. Is the Council responsible for managing the D’MOSS designated areas?

A. No, the Council does not have the human or financial resources to undertake such management. Nor is it legally entitled to manage private land without being recompensed by the owner of the land. The property is required to be managed by the land owner, as was the position in the past. However, the Council is developing extension and stewardship functions and through these functions aims to provide some limited assistance to landowners.

Q. Individual land owners do not have the necessary knowledge and/or the expertise to manage the D’MOSS areas particularly where invasive alien plants (IAPs) have to be removed, periodic burns carried out to remove moribund vegetation or annual fire breaks burnt; is there assistance that may be expected from Council in managing these areas?

A. The Environmental Planning & Climate Protection Department and the Natural Resources Section of the Parks, Recreation and Cemetery Department may offer limited extension assistance. In this regard the Environmental Planning and Climate Protection Department has also prepared “Fact Sheets” which may be obtained on request. There are also a number of private sector service providers that could also be contacted by landowners to assist.

Q. My property has D’MOSS over it yet most (or all) of this area is infested with invasive alien vegetation. What is the purpose of D’MOSS here?

A. The purpose of D’MOSS is to protect both biodiversity and ecosystem services. While most of the biodiversity value in the city is found in more pristine, indigenous habitats, many of the ecosystem goods and services can originate from both pristine and disturbed areas. In the latter case, examples can include buffering the effects of flooding to residents downstream, purifying water through natural filtration processes, or facilitating important nutrient cycles.

In many instances these areas act as conduits, linking better condition areas into a larger more viable system. The benefits of larger systems to biodiversity have been well documented and include reducing the genetic risks associated with inbreeding depression in animal and plant species as well as decreasing the threats associated with smaller fragmented habitats, known as 'edge effects'.

Q. Can joint owners alternatively set up a Special Rating Area and thereby through it employ outside parties to manage the environmentally sensitive area on their behalf?

A. A Special Rating Area could in theory be approved by Council that could then through its management body be tasked with managing the area. It is of course not necessary that a Special Rating Area be set up and tasked with the management of an area, equally a group of residents could jointly between themselves appoint a skilled service provider to assist in managing a particular area.

Q What are the requirements for setting up a Special Rating Area and how does it function?

A. Prior to setting up a Special Rating Area there are a number of policy caveats or requirements of Council that have first to be met: -

The outside boundary of the Special Rating Area has to be clearly defined.
The area must contain a minimum of two hundred properties or a minimum combined total market value of R 100 000 000 for all the contained properties.
Sixty-six per cent of all the owners in the area and 51% by property value must agree to the proposal.
The application to launch the Special Rating Area must be accompanied by a budget and business plan on the management by no later than 31 January preceding the start of the new municipal year for which the application is made.
There has to be a proven commitment from a dedicated core of the residents to manage the Special Rating Area on an ongoing basis.

Even then, this is not generally an easy process and may take a considerable time to achieve. If a Special Rating Area is eventually approved, a small additional amount is added to the property rates. These monies are then transferred by Council to a Section 21 (not for profit) company specifically set up for the purpose of managing the Special Rating Area. Further advice on this option may be obtained from the Environmental Planning and Climate Protection Department.

DURBAN METROPOLITAN OPEN SPACE SYSTEM

The Need For Impact Assessment in EThekwini Municipal Area

The eThekwini Municipality has a rich and diverse natural environment within its boundaries. Stretching from the coast to the inland reaches, these habitats include vegetated dunes, mangroves and coastal forests, densely vegetated valleys, rivers, wetlands and rich grasslands. D’MOSS provides a range of ecosystem services to all residents of Durban. However, the extent of the transformation of different habitat types in the eThekwini Municipal Area (EMA) has already been very dramatic.

Approximately 34% of Eastern Valley Bushveld and 40% of KZN Hinterland Thornveld have been transformed. These habitats are well represented in D’MOSS, but they have no legal protection and the land is generally developable. As a result, these habitats are threatened by potential development. Approximately 67% of the KZN Coastal Belt (coastal grasslands, thickets and forests) has been transformed, mainly due to urbanization and sugar cane production. The remnants of this habitat are largely located along and adjacent to major river valleys.

KZN Sandstone Sourveld (a grassland habitat) has been classified nationally as Endangered, with only 0.2% of the original area under formal conservation. This habitat is restricted to central, coastal KZN, thus requiring Durban to play a critical role in its conservation. Within the EMA, 73% of this habitat has already been lost to urban development and sugar cane production. The remaining areas requiring protection are found in the western suburbs around Hillcrest and Kloof where they are often in private ownership and zoned for development. The other western suburbs' grassland, Ngongoni Veld, is also threatened by evolution as it is generally located in flatter areas and zoned for development (e.g. the Cato Ridge industrial region). Within the EMA, 62% of this habitat has already been transformed.

Scarp Forests are tall and contain many species, including a number of endemic species (i.e. they occur only within this habitat type). Because they are found in steep gorges and associated scarps, they are generally not directly threatened by development. Development in close proximity to these habitats does, however, lead to indirect impacts associated with increased disturbance and the edge effect, including invasion by alien species, increased nutrients, and increased runoff and erosion. It is for these reasons that developments need to be setback from forest systems. Northern Coastal Forests occur on the coastal plains and dunes. Being located in flatter areas, much of this forest type has been transformed.

The other forest type found in Durban, Mangrove Forest, has been classified nationally as Critically Endangered. Most Mangrove Forests have already been lost to forms of development; three remnants remain, i.e. Beachwood Mangroves at the mouth of the Umgeni River, the Isipingo Mangroves at the mouth of the Isipingo River and the Bayhead Mangroves within Durban bay. In the 1800s, the Bayhead Mangroves covered an area of 438 ha, today only 15 ha remain representing a loss of 97%.

These systems all play important roles as both refuges for biodiversity within the City and valuable ecosystem service areas, providing free natural services and resources to the residents of the Municipality. However, as a growing Metro, there is constant pressure from development, urbanization, agriculture and the need for expanding infrastructure, on the natural environment. In order to ensure that potential impacts associated with growth do not negatively affect sensitive ecosystems in the City or reduce the value of the services provided by these corridors and areas of open space, there is a need for the assessment and management of these potential impacts. Impact assessment aims to achieve a sustainable balance between development and the need for the protection of the natural environment.

Areas of irreplaceable biodiversity, critically endangered habitats or vital ecosystem support areas are protected and preserved to ensure the longevity of these functional ecosystems. Those activities planned on areas of lower environmental sensitivity or activities of lower environmental impact are assessed to ensure a positive outcome for the environment while ensuring responsible development is accommodated (no net loss).

In addition to ensuring the natural assets of the eThekwini Municipality are protected and maintained for all residents and ratepayers, the EPCPD, as the mandated department with the City, also has a responsibility to ensure that the conservation targets set by National Government for threatened ecosystems are promoted and achieved within the municipal boundary.

The Role of Biodiversity Impact Assessment in Protecting Ecosystems

In order to protect Durban’s remaining open spaces as far as possible, the BIA Branch of the EPCPD is responsible for assessing, and in some cases, regulating development and development applications within the City that occur on or adjacent to D’MOSS to ensure that biodiversity is protected and the supply of ecosystem services is maintained.

The development applications that are received by the department include building plans, special consent applications, rezoning applications, low-cost housing developments, subdivision/township applications or site development plans for multi-unit developments proposed to be developed by sectional title and/or by freehold, town planning proposals, infrastructure projects and both private and public housing applications. The BIA Branch also provides comment and input on various Environmental Impact Assessment (EIA) processes, including the Basic Assessment and Full EIA processes, and Water Use Licence and Mining Applications.

The BIA Branch will assess the potential impact on the environment of the proposed development and then make its recommendations for approval, approval with conditions, or refusal of the application. Where approval is given it is likely to be subject to specific controls to ensure that the biodiversity of the designated land is not negatively affected. Your development may require formal EIA authorisation from the competent authority (national or provincial Department of Environmental Affairs), or you may only require municipal approval. Thus, in order to assist developers, planners, engineers, architects, Environmental Assessment Practitioners (EAPs) and the general public the following recommendations are offered as guidelines for submissions to our department.

BIA Process

The Role Of Biodiversity Impact Assessment in Protecting Ecosystems

In order to protect Durban’s remaining open spaces as far as possible, the Biodiversity Impact Assessment Branch of the Environmental Planning and Climate Protection Department (EPCPD) is responsible for assessing, and in some cases, regulating development that is proposed within or adjacent to D’MOSS to ensure that biodiversity is protected and the supply of ecosystem goods and services is maintained.

The Biodiversity Impact Assessment Branch will assess the potential impact on the environment of the proposed development and then make its recommendations for approval, approval with conditions, or refusal of the application. Where approval is given it is likely to be subject to significant controls to ensure that the biodiversity of the designated land is not negatively affected.

Biodiversity Impact Assessment Process

Guidelines for Development

The EPCPD has been undertaking open space planning and assessing developments for some 20 years. Using the knowledge gained as a result of these activities, and the increased information and data available on the city’s biodiversity, the EPCPD has developed a set of biodiversity impact assessment guidelines, for use when assessing development applications:

CLICK HERE to access the Development Assessment Guidelines

The Biodiversity Impact Assessment Process

This department offers a free enquiry process that allows members of the public and other government agencies to have their projects screened for issues from a biodiversity perspective. In the enquiry process, this department will highlight concerns and notify applicants of potential legislative requirements, so that the applicant is able to take environmental requirements into account when preparing the formal application. This department will also alert potential applicants when the proposed development is unlikely to be approved and will provide reasons.

The BIA formal enquiry process begins with the standardised Enquiry Form EPCPD. Enquirers are required to fill out the form and send it either electronically or in hard copy to the BIA branch. From here the enquiry is logged on to our electronic database and assigned a reference number for tracking purposes. The enquiry is then assigned to an environmental scientist/planner who will then consider the enquiry and begin compiling the information required.

A. Development may require additional environmental approvals

Certain activities may require additional approvals from provincial or national government departments. The two most prevalent pieces of legislation that require such approvals are:

The National Environmental Management Act (NEMA), is administered by the provincial Department of Economic Development, Tourism and Environmental Affairs (EDTEA).
The National Water Act (NWA), is administered by the National Department of Water and Sanitation (DWS).

The NEMA Environmental Impact Assessment (EIA) Regulations lists a number of activities with certain thresholds that require formal approval, known as an Environmental Authorisation (EA). Obtaining Environmental Authorisation involves the EIA process with an assessment of the various impacts of the proposed activity in detail. Some of the most common activities that require EA include, but are not limited to, the following:

Infilling or excavation within a watercourse, where the volume of material infilled or excavated amounts to more than 10m3 (but note, 5m3 from the seashore, littoral active zone or the sea).
Construction of more than 100m2 infrastructure within 32m of a watercourse, where the development occurs outside of urban areas.
Clearing of more than 300m2 of vegetation within an endangered or critically endangered ecosystem.

Likewise, the NWA requires a Water Use Licence Application (WULA) to be followed for certain proposed activities relating to water courses and water resources. In short, any activity that is likely to significantly affect a watercourse or water resource, either directly or indirectly, will require a water use licence. Common activities that require a WULA to be followed include, but are not limited to:

Development within 500m of a wetland
Impeding or altering flows within a watercourse (dams, weirs, and canals)
Altering the bed or banks of a watercourse.

Like all legal processes, it is anticipated that the implementation of the NEMA EIA regulations and the NWA may pose a challenge, especially to people not in the Environmental Impact Assessment field. The EPCPD of the eThekwini Municipality is thus available to offer advice free of charge, however bearing in mind that these additional approvals (over and above our municipal D’MOSS requirements) are administered by national and provincial departments over that EPCPD has no control over.

B. Our Branch Structure Affects Your Application

The BIA Branch is comprised of two sections, Biodiversity Impact Assessment (Private Developments) and Biodiversity Impact Assessment and Municipal Compliance (Municipal Projects). Kindly click EPCPD Submissions Process for further details.

Senior Manager: Biodiversity Impact Assessment – Zinhle Dlamini

Manager: Biodiversity Impact Assessment (Private Developments) – Michelle Lotz (Michelle.Lotz@Durban.gov.za)

Manager: Biodiversity Impact Assessment and Municipal Compliance (Municipal Projects) – Sibongile Dlamini (Sibongile.Dlamini2@Durban.gov.za)

The process of submitting an environmentally related town planning application, or an environmental enquiry or complaint relating to D'MOSS and/or development is as follows:

Private environmental submissions or enquiries – submit an enquiry on the official enquiry form (hardcopy) or as an email to Thenjiwe Msani (enviroenq@durban.gov.za) (our database administrator) and CC the relevant Manager, Michelle Lotz. We will assign a reference number and allocate an assessing officer to your case. Kindly click Private Enquiries to access the form.

Municipal submissions/enquiries – submit an official enquiry form to Thenjiwe Msani (also available in hardcopy) (Thenjiwe.Msani@Durban.gov.za) and CC the RC, Sibongile Dlamini.

We will assign a reference number and allocate an assessing officer to your case. Kindly click Municipal Enquiries to access the form.

All environmental complaints, whether private or public, should be addressed to Sibongile Dlamini (and Thenjiwe Msani). Kindly click Complaints to access the form.

Specific timeframes are applicable for specific submissions. The assessing officer is required to carry the case to closure, with oversight from the RC, and only where necessary, the branch manager. All correspondence should thus be addressed to the assessing officer once known, and the RC for completeness (cc-d).

The process for submitting an EIA or BAR is as follows:

For private development EIAs & BARs - submit electronic copies of all required reports (including specialist studies) via email or via email with a DropBox / WeTransfer link to Bathabile Msomi, email: Batha.Msomi@Durban.gov.za. If there are challenges, please contact the RC for private developments – Michelle Lotz.

For municipal development EIAs & BARs – submit electronic copies of all required reports (including specialist studies) via email or via email with a DropBox / WeTransfer link to Bathabile Msomi, email: Batha.Msomi@Durban.gov.za. If there are challenges, please contact the RC for municipal developments – Sibongile Dlamini.

We are not accepting hard copies until further notice.

C. Making an enquiry.

The EPCPD has initiated an enquiry process that enables you to seek early environmental input if you are considering developing your land or planning to purchase land that may be affected by the requirements of D’MOSS, NEMA and/or the NWA. A simple form can be obtained from the EPCPD office (contact 031 322 1997) or downloaded below, which, once completed and returned, allows a desktop evaluation of the site in question. You will on average obtain advice and guidance within 10 working days. This enables you to plan more effectively prior to the submission of a formal development application and should prevent the wasting of professional fees by reducing referrals.

D. Development requires a planning application. Development requires a planning application

Submit the plan to the Regional Planning Department. If the proposed development is adjacent to or within D’MOSS, or any watercourses and the seashore, the EPCPD must also be sent the application to review. This comment will then be sent to the applicant (if changes are required) and then back to the Planning Department for final decision-making. As mentioned earlier it is advisable to follow the enquiry process prior to initiating the formal (planning) application process.

When the EPCPD reviews a development application, the following process is followed:

1. GIS Screening

The environmentalist will make use of the Municipal Geographical Information System (GIS) to locate the area in question via aerial photography. The environmentalist will also be able to overlay various data onto aerial photography using GIS. This data includes elevation contours, rivers, and D’MOSS, which is a layer that maps potentially sensitive ecosystems and their associated ecological corridors.

2. Site Inspection

A site inspection will be undertaken if the desktop assessment reveals potentially significant biodiversity impacts. During the site inspection, the environmentalist will determine whether or not the D’MOSS layer has correctly captured what is on the ground.

3. Report Review

Application reports are reviewed as needed. Additional information may be required in order to assess the application, and this will be requested.

4. Comment from EPCPD

Based on the assessment conducted, EPCPD will provide a comment on the proposed development and will then make its recommendations for approval, approval with conditions, or refusal of the application. It must be stressed that the EPCPD is a commenting authority and does not make final decisions on any applications reviewed. Its comments are, however, generally taken into account, and any required conditions imposed by the EPCPD are likely to become conditions of approval.

Biodiversity Impact Assessment Process

Guidelines for Development

CLICK HERE to access the Development Assessment Guidelines

The Biodiversity Impact Assessment Process

A. Development may require additional environmental approvals

Certain activities may require additional approvals from provincial or national government departments. The two most prevalent pieces of legislation that require such approvals are:

The National Environmental Management Act (NEMA), is administered by the provincial Department of Economic Development, Tourism and Environmental Affairs (EDTEA).

The National Water Act (NWA), is administered by the National Department of Water and Sanitation (DWS).

Infilling or excavation within a watercourse, where the volume of material infilled or excavated amounts to more than 10m3 (but note, 5m3 from the seashore, littoral active zone or the sea).
Construction of infrastructure of more than 100m2 within 32m of a watercourse, where the development occurs outside of urban areas.
Clearing of more than 300m2 of vegetation within an endangered or critically endangered ecosystem.

Development within 500m of a wetland
Impeding or altering flows within a watercourse (dams, weirs, and canals)
Altering the bed or banks of a watercourse.

Like all legal processes, it is anticipated that implementing the NEMA EIA regulations and the NWA may pose a challenge, especially to people not in the Environmental Impact Assessment field. The EPCPD of the eThekwini Municipality is thus available to offer advice free of charge, however bearing in mind that these additional approvals (over and above our municipal D’MOSS requirements) are administered by national and provincial departments over that EPCPD has no control over.

B. Our Branch Structure Affects Your Application

Senior Manager: Manager: Biodiversity Impact Assessment – Chumisa Thengwa

Regional Coordinator (RC): Biodiversity Impact Assessment (Private Developments) – Michelle Lotz (Michelle.Lotz@Durban.gov.za)

Regional Coordinator: Biodiversity Impact Assessment and Municipal Compliance (Municipal Projects) – Sibongile Dlamini (Sibongile.Dlamini2@Durban.gov.za)

The process of submitting an environmentally related town planning application, or an environmental enquiry or complaint relating to D'MOSS and/or development is as follows:

Private environmental submissions or enquiries – submit an enquiry on the official enquiry form (hardcopy) or as an email to Thenjiwe Msani (Thenjiwe.Msani@durban.gov.za) (our database administrator) and CC the relevant RC, Michelle Lotz. We will assign a reference number and allocate an assessing officer to your case. Kindly click Private Enquiries to access the form.
Municipal submissions/enquiries – submit an official enquiry form to Thenjiwe Msani (also available in hardcopy) (Thenjiwe.Msani@Durban.gov.za) and CC the RC, Sibongile Dlamini.

We will assign a reference number and allocate an assessing officer to your case. Kindly click Municipal Enquiries to access the form.

All environmental complaints, whether private or public, should be addressed to Sibongile Dlamini (and Thenjiwe Msani). Kindly click Complaints to access the form.

The process for submitting an EIA or BAR is as follows:

We are not accepting hard-copies until further notice.

C. Making an enquiry.

D. Development requires a planning application. Development requires a planning application

When the EPCPD reviews a development application, the following process is followed:

1. GIS Screening

The environmentalist will make use of the Municipal Geographical Information System (GIS) to locate the area in question via aerial photography. The environmentalist can also overlay various data onto aerial photography using GIS. This data includes elevation contours, rivers, and D’MOSS, which is a layer that maps potentially sensitive ecosystems and their associated ecological corridors.

2. Site Inspection

3. Report Review

Application reports are reviewed as needed. Additional information may be required in order to assess the application, and this will be requested.

4. Comment from EPCPD

Implementation Tools

A number of D’MOSS implementation tools have been identified; some of these are used during the assessment process in order to achieve more sustainable development. The most commonly used tool is the non-user conservation servitude (NUCS).

Non-User Conservation Servitudes

It is not uncommon for the outcome of a development assessment process to require the registration of a conservation servitude. This would occur over the portion of the application property that has been included in D’MOSS or which contains conservation-worthy biodiversity, or is providing valuable ecosystem services.

The registration of a NUCS is particularly applied during formal Impact Assessments undertaken in terms of the EIA regulations, multi-unit developments and sub-divisional applications. However, depending on circumstances NUCS registration may also be applied when building plans are submitted for review. In short, the developer is required to register, in favour of the municipality, a conservation servitude over land which requires protection from development in perpetuity in order to secure D’MOSS or other conservation-worthy sites. In some instances, an environmental management plan is prepared for the ongoing management of the servitude. The servitude remains in the ownership of the private land owner and can be used for recreational opportunities which do not impact the primary conservation purpose. It is normally managed by a body corporate, home or lot owners’ association or their appointed service provider. Rates relief is available to the owner(s) in that the conservation servitude area is rated at a nominal value.

The imposition of conservation servitudes as a condition of approval is a cost-effective and relatively easily achieved means of securing the open space system. Conservation servitudes like any other servitude are registered against the Title Deed of the property and are shown in the Surveyor General Diagrams.

The standard conservation servitude conditions include the following:

No earthworks or any form of development is permitted within the area
No landscaping or planting except for rehabilitation in terms of an approved management plan
No collection or damage of fauna, flora, soil and water resources
No vehicles of any type are permitted
No pets or domestic animals permitted

Ecological Compensation

In extreme circumstances, and only when there are significant strategic and economic benefits that will result from environmental impacts, ecological compensation tools will be applied. This can take the form of off-site habitat creation (the principle of 10 for 1 is applied, i.e. for every unit of habitat that is destroyed, 10 times that in habitat is created), or financial compensation. In the latter case, a fund has been set up into which monies are paid by the developer and used by the municipality to either manage or acquire conservation-worthy land not already secured or managed. However, it should be emphasised that in most cases, ecological impacts are best avoided in order to negate the need for compensation.

Compliance and Enforcement

Staff from the Biodiversity Impact Assessment Branch monitor developments for compliance with stipulated conditions. When these are not being met, and significant biodiversity harm is being caused, corrective action is taken. The department currently has two ‘biodiversity protection officer’ posts. The key areas of responsibility for the biodiversity protection officers are any private developments or construction activities which pose a threat to the municipality’s biodiversity resources and associated environmental services.

Biodiversity crimes can be reported to Thenjiwe Msani (Thenjiwe.Msani@durban.gov.za). For further information on biodiversity crimes.

CLICK HERE

Other useful contacts for enforcement issues:

For any contravention in terms of the National Environmental Management Act, 107 of 1998 (NEMA), e.g. conducting a listed activity without environmental authorisation in terms of sec. 24, 24D & 24F.

Contact: KZN Department: Economic Development, Tourism and Environmental Affairs (EDTEA) eThekwini Regional area HOD, Vanessa Maclou on 031 366 7338.

Agricultural pests and pollution in terms of the Agricultural Pests Act, 6 of 1983. Invasive alien plants (listed) or any other matters occurring on agriculturally zoned land that would be restricted in terms of Regulations 15 & 16 of the Conservation of Agricultural Resources Act, 43 of 1983 (CARA). Subdivision of agriculturally zoned land in terms of the Subdivision of Agricultural Lands Act, 70 of 1970.

Contact: National Department of Agriculture, Forestry and Fisheries (DAFF), Ayanda Goba on 033 345 3515; E-mail: gobaA@daff.gov.za; website: www.daff.gov.za

Any wildlife-related contraventions (including illegal hunting, theft / illegal gathering of specially protected plants/animal relocation/fishing and hunting permits, etc.) in terms of the Natal Nature Conservation Ordinance, 15 of 1974.

Contact: The Durban office of Ezemvelo KZN Wildlife (KZNW) on 031 274 1150. Or register your complaint by faxing it to 031 274 1174.

Any incidents of water pollution, illegal water extraction or the disturbance, realignment, drainage or impoundment of any water course (including wetlands) in terms of the National Water Act, 36 of 1998.

Contact: Provincial Department of Water and Sanitation (DWS), Durban Regional Offices: Ms Zanele Msimang; Compliance Monitoring & Enforcement on 031 336 2823.

For water pollution complaints and emergencies, eThekwini Municipality’s Pollution and Environment department can be contacted.

Contact: 080 13 13 013 or SMS: 083 707 3013; Fax: 031 311 8220.

Any felling, disturbance, destruction, etc. of specially protected trees or indigenous trees within a natural forest without a permit in terms of the National Forests Act, 84 of 1998.

Contact: National Department of Agriculture, Forestry and Fisheries (DAFF), Ayanda Mnyungula on 033 392 7729; E-mail: AyandaMny@daff.gov.za , website: www.daff.gov.za

Any felling, disturbance, destruction, etc. of amenity trees on council-owned verges or recreational parks.

Contact: eThekwini Municipality: Parks, Leisure & Cemeteries Department on 031 322 4000.

Any matters pertaining to mining (illegal mining, unsafe conditions, etc.) in terms of the Minerals & Petroleum Resources Development Act 28 of 2002.

Contact: the National Department: Mineral Resources: Janine Isaac on 031 335 9690.

Municipal Infrastructure Assessment or Function

This function has been created specifically to address the environmental legislative requirements for Municipal Infrastructure Projects and Developments. Some of the roles and responsibilities and services offered by this function include:

Ensuring that all municipal infrastructure projects comply with national and international environmental requirements and legislation. This is done through.

Screening of all projects on the municipal capital budget for environmental legislative requirements (Environmental Impact Assessment, Water Use Licences etc.)
Provision of legal advice on the application of environmental legislation to municipal projects
Monitoring environmental compliance of all municipal projects
Reporting back to procurement and infrastructure on the progress of environmental authorisations of municipal infrastructure projects
Providing advice on environmental matters to Project Managers
Providing environmental capacity building to Project Managers and other officials associated with municipal infrastructure developments
Providing environmental input into Municipal Infrastructure EIA reports as well as internal quality control of these reports to ensure that they meet appropriate standards before they are submitted to the authorising departments
Developing Systems, Policies, Procedures and Guidelines to ensure environmental compliance of Municipal Infrastructure Projects

Fast-track the process of getting comments from other municipal units through a “Hubs and Spokes” system, in which a municipal official in the EPCPD acts as the Hub, circulating all documentation to dedicated individuals in other units (i.e. Spokes) and collating comments back from them.

Environmental Impact Assessment For Municipal Infrastructure: Terms Of Reference For Environmental Assessment Practitioners
Environmental Impact Assessment For Municipal Infrastructure: A Guide For Project Managers & Environmental Assessment Practitioners Administrative Processes, Roles And Responsibilities

BIODIVERSITY IMPACT ASSESSMENT

ETHEKWINI STRATEGIC ENVIRONMENTAL ASSESSMENT: Status Quo & Preliminary SDF Assessment

A Strategic Environmental Assessment (SEA) is a widely used tool for proactively integrating environmental sustainability issues into the formulation of policies, plans and programmes. A SEA is a legislated requirement in terms of the Spatial Planning and Land-use Management Act, 2013 (SPLUMA) and the Local Government: Municipal Planning and Performance Management Regulations (2001), and is intended to be a key informant of a municipality’s Spatial Development Framework (SDF).

A phased approach is being adopted for eThekwini Municipality’s SEA, with the first phase focusing on understanding the ‘state of the environment’ that has resulted from existing development patterns in Durban. EThekwini Municipality has exhausted this first phase, and an Environmental Status Quo Report of Durban has been completed. The second phase of the SEA is developing an equivalent understanding of the ‘state of the social and economic systems’ that have produced the current environmental state and use the knowledge to explore the implications of possible future socio-economic pathways linked to the SDF.

Summary of the Status Quo Report

The Environmental Status Quo Report established that the eThekwini Municipal Area has experienced a major reduction in its natural asset base to the point that sustainability limits have been exceeded or are rapidly being approached for many environmental systems, with significant implications for social wellbeing. In many instances the situation and trends not only need to be halted but reversed if the city is to achieve a sustainable future for its citizens. Of major concern is that current trends suggest that environmental quality will continue to decline, as the drivers of this situation escalate. These findings are supported by the analysis of landcover change over time which was undertaken as part of the Environmental Status Quo and which also appears in the current report. This landcover analysis highlighted that landcover change, driven predominantly by urbanisation, is occurring rapidly across the municipal area, with an increasing proportion of this change being to permanent built form. In addition, much of this growth is either informal or unregulated, with significant growth taking place beyond the Urban Development Line in areas under traditional authority, where much of the environmental asset remains. In such a context, where the sustainability of Durban’s growth and development requires the protection and maintenance of the natural asset base and where the environmental state suggests that there is no scope for further loss of this asset, eThekwini Municipality’s strategic spatial planning becomes a critical tool in informing a more sustainable development path.

Click here to access the summary status quo report

Outcomes from Preliminary SDF Assessment

Although the status quo is only the first phase of the SEA. A preliminary analysis of the SDF has been undertaken to provide early indications of possible development opportunities and constraints within the context of the current environmental state. In addition to specific constraints and opportunities that might be present in each of the spatial planning regions, the analysis provides early pointers as to some of the priority issues that will need to form part of the focus for the next phase of the SEA. These include the need to: explore options to more firmly embed D’MOSS into the Land Use Schemes and prioritise landscape restoration and rehabilitation to regain ecological functionality; use the outcomes from the final SEA to provide a more comprehensive environmental context in which development decisions can be made; respond more effectively to informal and unregulated development, particularly in areas under traditional authority; prioritise sector plans that focus on enhancing the public transport network, ensuring human settlements are appropriately located, and improving wastewater management and infrastructure maintenance; promote and incentivise circular economy development; and improve coordinated environmental governance in eThekwini Municipality both from an institutional structuring perspective and in terms of improving environmental data collection, management and analysis to inform decision making.

Click here to access the preliminary SDF analysis

Way forward

As already indicated, a critical next step is to undertake the second phase of the SEA which will aim to develop an equivalent understanding of the ‘state of social and economic systems’ that has produced the current environmental state and use this knowledge to explore the implications of possible future socio-economic pathways linked to the SDF. The analysis and prioritisation of appropriate responses will be informed by the outcomes of this next phase of the SEA. As part of Phase 2, it will also be critical to begin conversations around some of the considerations emerging from this phase of the work. Priorities will include exploring options to embed D’MOSS more firmly into the land use schemes and understanding the factors that currently undermine the implementation of key sectoral plans, including wastewater management and infrastructure maintenance.

Contact

For more information on the Strategic Environmental Assessment:

Name: Ntando Ninela

Tel: 031 322 9352

Email: Ntando.Ninela@durban.gov.za

STRATEGIC ENVIRONMENTAL ASSESSMENT

Development of the Durban Climate Action Plan:

From the recent storms in Durban, it is evident that business as usual is no longer an option; there is an urgency to do things differently in order to transform our city. To address the need for rapid transformation, the eThekwini Municipality, with support from C40 Cities Climate Leadership Group, has developed a Climate Action Plan (CAP) that builds on the 2015 Durban Climate Change Strategy. The goal of the plan is to ramp up ambition and action that is required to limit global temperature increase to 1.5°C, and thereby limit impacts facing our more vulnerable communities. The CAP comprises of 33 actions and 149 sub-actions aligned to nine thematic areas. These provide a pathway for Durban to achieve climate resilience and carbon neutrality by 2050.

Project to date

The CAP was adopted by Council in 2019. It is an ambitious plan that focusses on local need for action and due response from the city. Durban has set out to achieve a 40% reduction in emissions from a 2015 baseline by 2030, and an 80% reduction by 2050, and is committed to identifying various opportunities to achieve carbon neutrality. To deliver, the city will implement a smart electricity grid that enables bidirectional power flow and includes large scale renewable energy resources from national and locally produced Small Scale Embedded Generation systems, like rooftop solar panels. It will also ensure that 70% of private electricity demand is supplied by self-generated renewable energy by 2050. In addition, eThekwini Municipality’s transport systems are in line to be transformed with the target of 50% of citizens using public transport by 2030.

The city is also planning to expand its network of electric buses and aims to reduce private car trips by 50% by 2050. Climate change is projected to affect access to food and exacerbate food insecurity in the city, particularly for the 20% of households living on or below the poverty line. To tackle this, by 2030 eThekwini plans to achieve a 50% increase in locally produced food and reduce the volume of good quality leftover food waste by 80%.

EThekwini Municipality realises that these ambitious goals cannot be accomplished alone and has called on the support from national and provincial government, the private sector, civil society and the City’s citizens to enable it to meet the ambition set out in the plan. The City plans to broadly share its story of developing the CAP, through the compiled Learning Journey: Durban Climate Action Plan. This document, done in partnership with the Municipal Institute of Learning (MILE), highlights some of the lessons learned, and challenges encountered by the Climate Team in city level climate action planning.The CAP will form the cornerstone of the Integrated Implementation Plan for the Durban Climate Change Strategy, which is scheduled for completion by the end of the 2020/21 financial year.

For more information, contact:

Climate Change Mitigation Manager, Itumeleng Masenya

Itumeleng.Masenya@durban.gov.za; or

Climate Protection Scientist, Nongcebo Hlongwa

Nongcebo.Hlongwa@durban.gov.za

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Environmental Planning Climate Protection Publications

Biodiversity Forum

The eThekwini Biodiversity Forum was established several years ago through a collaborative effort by eThekwini Municipality’s Environmental Planning and Climate Protection Department (EPCPD), the Durban Natural Science Museum, and the Parks, Leisure and Cemeteries Department.

The Forum is aimed at enhancing communication and strengthening partnerships between government departments, civil society organizations and academic institutions regarding biodiversity-related matters in Durban. Nearly tenyears on, the Forum still enjoy continued success, with an average of 50 attendees every meeting from various disciplines and organisations e.g., national and provincial departments, non-governmental organisations, conservancies, universities, consultancies, private companies and individuals.

The objectives of the Forum are mainly to share examples of good practice with like-minded individuals, express ideas around biodiversity and the conservation and management thereof, showcase important and interesting biodiversity-related projects that people are involved in and, as information sharing arena and networking opportunity.

Current status of the project
The Biodiversity Forum has over the years evolved into a meeting place where any organisation or individual can present their work or raise issues, provided that it is related to biodiversity conservation and management in Durban and surrounds. The meetings are organised and chaired by staff from the EPCPD and are held every three months at the Paradise Valley Nature Reserve.

Interesting presentations in 2015/2016 to date

Time’s fun when you’re having flies: the importance of green bottle blowflies – Kirstin Williams from the Durban Natural Science Museum of eThekwini Municipality
Update on the Durban’s 100 Resilient Cities Programme – Manisha Maganlal from the EPCPD of eThekwini Municipality
Blue duiker population survey at Paradise Valley Nature Reserve – Zethu Gumede from the Natural Resources Division of eThekwini Municipality
New National Environmental Management Act Environmental Impact Assessment Regulations 2014 – Natasha Brijlal from the KZN Department of Economic Development, Tourism and Environmental Affairs
One piece at the time: The makings of a nature reserve – Natasha Govender from the EPCPD of eThekwini Municipality
Evaluation of manual control methods to reduce Pterdium aquilinum (Bracken fern) infestations in eThekwini Grasslands - Aerisha Ramkalawan from the Working on Fire
The Palmiet River Catchment - The Hard Facts – Lee D’Eathe from the Palmiet River Watch
The role of naturally functioning ecosystems in improving in-stream water quality in urban areas – Kholosa Magudu from the University of KwaZulu Natal
Aller River Walk Project - Hugh McGibbon, Preven Chetty and Mark Liptrotfrom uThekwane Conservancy
The assessment of the impacts of land uses on the present ecological state and water quality a case study of the Palmiet River – Nosipho Ndzimbomvu from Natural Resources Division of eThekwini Municipality
The smaller mammals of KwaZulu-Natal: bridging the gap between museum collections, research & conservation planning – Dr Leigh Richard from the Durban Natural Science Museum of eThekwini Municipality.

Future activities

We have an exciting line-up of presentations for the next eThekwini Biodiversity Forum scheduled for the 26th of May 2016 at Paradise Valley Nature Reserve where Sandi Willows-Munro from the University of KwaZulu Natal will be presenting her DNA study on population genetics of two endangered birds and Paolo Candotti of the eThekwini Conservancies Forum will present conservancies activities through the Annual Report 2015.

If you wish to be a part of the Biodiversity Forum, subscribe to the mailing list by contacting Bheki Mdletshe via email at Bheki.Mdletshe@durban.gov.za

The minutes of previous Forums can be viewed below or can be requested from Bheki Mdletshe as above.

For copies of the minutes from previous forums, please click here:

eThekwini Environmental Crimes Enforcement Forum

In 2006, the Environmental Planning and Climate Protection Department initiated the eThekwini Environmental Enforcement Forum. The purpose was to create a communicative platform between all agencies, operational within the municipality, whose mandates are to regulate environmental legislation.

Purpose: To create an intergovernmental communications platform allowing for ease of cooperation when dealing with environmental transgressions that may require the effort of a number of agencies/departments to address.

Who: EPCPD, National Department of Agriculture; KZN Department of Environmental Affairs and Rural Development; National Department of Water Affairs; National Department of Agriculture, Forestry and Fisheries: Forestry Section; Ezemvelo KZN Wild Life; and various departments from eThekwini Municipality such as the Health Department, Coastal Stormwater and Catchment Management, Natural Resources Management Division of the Parks Department as well as the eThekwini Metro Water Services: Environmental Branch and Fire Safety. Representatives of the National Prosecuting Services also attend the forum.

When: The forum meets every two months to discuss the following issues:

Existing criminal/ civil and administrative law cases and their progress;

Specific environmental crimes and who/what would be the best manner in which to tackle them;

The formation of incident specific multi-agency task teams (MATS) and

Ways in which agencies can aid and assist one another in enforcing environmental legislation

Where: Meetings take place either at Paradise Valley Nature Reserve or at the City Engineers Building in Durban

How to get involved: As this forum deals with matters of a legal nature the forum is restricted to specific members of government agencies/departments.

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Climate Change Portal

During the 2024/25 financial year, eThekwini Municipality underwent a major structural organogram change with the original clusters now called departments, and the Deputy City Managers now designated as Executive Directors. In this respect, the Executive Director of the Municipal Planning Department used to be known as Economic Development and Planning is Mr Lihle Phewa. What used to be called the Development, Planning, Environment and Management Unit is now the Directorate: Spatial Planning and Land Use Management, and Dr Luyanda Mafumbu is now designated Deputy Director of what is likely to be known as Climate Change and Air Quality Sub-Directorate. These changes will be rolled out during the 2025/26 financial year following an engagement process within the Municipality.

The Climate Change Adaptation Branch (CCAB) is responsible for oversight of implementation of adaptation-focused programs in the Durban Climate Change Integrated Implementation Plan; integrated because it draws the City’s two primary climate change strategic documents (Durban Climate Change Strategy (DCCS) and Climate Action Plan (CAP) into one integrated implementation Plan. The latter is due for a review, and the intention is to bring both these documents into a unified strategic document for climate change in the City.

The CCAB is led by Senior Manager: Climate Change Adaptation, Dr Sean O’Donoghue, with three scientist posts, of which one is filled at a senior scientist level and one is filled at Climate Scientist level. The third is vacant. The Branch is further supported by a Senior Environmental Technician, a principal clerk and a graduate intern. This page provides updates of projects being implemented in the CCAB, including the Durban Climate Change Strategy (DCCS), the Durban Research Action Partnership (DRAP), Durban Adaptation Charter (DAC) and the uMngeni Ecological Infrastructure Partnership (UEIP). The Department’s primary climate change communication tool is the Climate Portal which can be found here.

Projects

Durban Climate Change Strategy

Green Roof

Durban Research Action Partnership

UMngeni Ecological Infrastructure Partnership (UEIP)

CLIMATE ADAPTATION BRANCH

CLIMATE CHANGE MITIGATION BRANCH

The Restoration Ecology Branch of the Biodiversity Management Department was established in 2011. This was in response to an urgent need for restoration of urban open space ecosystems. Of particular concern were the observed negative impacts of climate change, habitat fragmentation, nutrient enrichment and ecosystem transformation by invasive alien species.

In a world of rapid climate change, novel approaches are required, to ensure that natural corridors and open spaces remain optimally functional and are able to deliver important environmental services to local communities, in the face of ongoing densification and human population growth.

The approach adopted has allowed for training and development of local people and small businesses, to implement the required interventions on selected open space areas. This includes the control of invasive alien species, planting of indigenous vegetation, as well as fire control in grassland areas.

Several ground-breaking innovations have demonstrated how the Municipality can protect biodiversity, adapt to climate change, and optimise sustainable green job creation. Incorporating ecosystem restoration research, as part of a partnership with the University of KwaZulu-Natal, allows the branch to deliver optimal ecosystem management. Such research also delivers ‘foresighting’, which ensures that future challenges can be planned for and addressed in a timeous manner.

Key Branch Responsibilities:

Implement ecological restoration with meaningful biodiversity protection and climate change adaptation outcomes, while simultaneously driving socio-economic development and green job creation.

Incorporate research into core implementation activities as a means to interrogate and improve on current practices and ensure that transformative and innovative approaches are adopted.

Large-scale Programmes:

The following large-scale programmes operate under the branch:

Community Reforestation Programme - Includes active ecosystem restoration including planting of trees, shrubs and other plants.

Fire and Invasive Species Control Programme
Includes control of invasive species on selected sites, as well as fire control and block burning.
Working for Ecosystems Programme
A strong focus on achieving control of invasive alien species through small business development. This includes dedicated training and mentoring of staff and growing small businesses, in previously marginalised communities.

Resources:

The following resources are available.

‘Beautiful but Dangerous’ poster series and flashcards, for invasive alien plants.
‘Bring Nature Back’ poster series and flashcards, for indigenous plants.
Buffelsdraai Reforestation Booklet
Beautiful but Dangerous- Herbs & Grasses
Beautiful but Dangerous- Trees
Beautiful but Dangerous- Emerging Species
Beautiful but Dangerous- Aquatics Climbers Reeds

YouTube:

See a film about the flagship Buffelsdraai Reforestation Project

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