1. WELCOME TO THE WORKSHOP:
Eco Route
Environmental Consultancy
WELCOME TO THE WORKSHOP:
NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT (ACT NO. 24 OF 2008).
NATIONAL ENVIRONMENTAL MANAGEMENT ACT/ NEMA (ACT NO 107 OF ).

2. The Greater St Francis Area:

3. Environmental Impact Assessment / EIA Regulations
2014
As per section 24 (5) and 44 of the National Environmental Management Act, Act no. 107 of 1998, the Minister of Environmental Affairs has made regulations pertaining to Environmental Impact Assessments.
The current EIA Regulations (2014) have been divided into three (3) Listing Notices:
(GN 983) of 4 December 2014, amended (7 April 2017)(GNR 327) / Listing Notice 1
(GN 984) of 4 December 2014, amended (7 April 2017)(GNR 325) / Listing Notice 2
(GN 985) of 4 December 2014, amended (7 April 2017)(GNR 324) / Listing Notice 3

4. Environmental Impact Assessment / EIA Regulations 2014
Listing Notices 1 & 3 require a Basic Assessment process to be conducted – requires approximately 197 days (non-substantive) and 247 days (substantive)
Listing Notice 2 requires a Scoping and Environmental Impact Reporting Process – requires approximately 300 days (non-substantive) or 350 days (substantive)

5. Basic Assessment Process

6. Scoping/EIR Process

7. WHAT IS COASTAL PUBLIC PROPERTY?
The intention of coastal public property is to prevent exclusive use of the coast by facilitating access to, and sustainable use of the productive coastal resources for the benefit of all South Africans.

8. COASTAL PUBLIC PROPERTY INCLUDES THE FOLLOWING:
ANY ISLAND
COASTAL WATERS
THE SEASHORE
LAND SUBMERGED BY COASTAL WATERS

9. THE REASONS: IMPROVE PUBLIC ACCESS
SECURE THE NATURAL FUNCTIONING OF DYNAMIC COASTAL PROCESSES
PROTECT SENSITIVE COASTAL ECOSYSTEMS
PROTECT PEOPLE, PROPERTY AND ECONOMIC ACTIVITIES FROM RISKS ASSOCIATED WITH DYNAMIC COASTAL PROCESSES, INCLUDING SEA LEVEL RISE.
FACILITATE THE ACHIEVEMENT OF ANY OBJECTIVES OF THE ICM ACT.

10. WHERE IS THE COASTAL PROTECTION ZONE?

11. WHAT IS THE PURPOSE OF THE COASTAL PROTECTION
ZONE?
To protect the ecological integrity, natural character, and the economic, social and aesthetic value of the neighbouring coastal public property.
To avoid increasing the effect or severity of natural hazards.
To protect people, property and economic activities from the risks and threats which may arise from dynamic coastal processes such as wave and wind erosion, coastal storm surges, flooding and sea-level rise.

12. Applicable EIA Listed Activities for the Greater St Francis Area
The following Listed Activities inter alia may be triggered by development within the Greater St Francis Area, all of which trigger a Basic Assessment process:

13. COASTAL PUBLIC PROPERTY EG: BOARDWALK TO GRANNY’S POOL
LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 1 15
The development of structures in the coastal public property where the
development footprint Is bigger than 50 square metres,
Excluding;
(i) the development of structures within existing ports or harbours that will not increase the development footprint of the port or harbour;
(ii) the development of a port or harbour, in which case activity 26 in Listing Notice of 2014 applies;
(iii) the development of temporary structures within the beach zone where such structures will be removed within 6 weeks of the commencement of development and where coral or indigenous vegetation will not be cleared; or
(iv) activities listed in activity 14 in Listing Notice 2 of 2014, in which case that activity applies.

14. COASTAL PUBLIC PROPERTY
LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 1 52
The expansion of structures in the coastal public property where the
development footprint will be increased by more than 50 square metres,
excluding such expansions within existing ports or harbours where there will be
no increase in the development footprint of the port or harbour and excluding
activities listed in activity 23 in Listing Notice 3 of 2014, in which case that
activity applies.

15. DESALINATION OF WATER LISTING NOTICE ACTIVITY ACTIVITY DESCRIPTION 116
The development and related operation of facilities for the desalination of
water with a design capacity to produce more than 100 cubic metres of treated
water per day. 53
The expansion and related operation of facilities for the desalination of water
where the design capacity will be expanded to produce an additional 100 cubic
metres or more of treated water per day.

16. DUNES AND EXPOSED SAND EG: ST FRANCIS SPIT
LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 1 18
The planting of vegetation or placing of any material on dunes or exposed
sand surfaces of more than 10 square metres, within the littoral active zone, for
the purpose of preventing the free movement of sand, erosion or accretion,
Excluding where
(i) the planting of vegetation or placement of material relates to restoration and maintenance of indigenous coastal vegetation undertaken in accordance with a maintenance management plan; or
(ii) such planting of vegetation or placing of material will occur behind a development setback.

17. INFILLING / DEPOSITING / DREDGING / EXCAVATION / REMOVAL / MOVING
LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 1 19
The infilling or depositing of any material of more than 10 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock
of more than 10 cubic metres from;
(i) a watercourse;
(ii) the seashore; or
(iii) the littoral active zone, an estuary or a distance of 100 metres inland of the high- water mark of the sea or an estuary, whichever distance is the greater but excluding where such infilling, depositing , dredging, excavation, removal or moving;
(a) will occur behind a development setback;
(b) is for maintenance purposes undertaken in accordance with a maintenance management plan; or
falls within the ambit of activity 21 in this Notice, in which case that activity applies.
Occurs within existing ports or harbours that will not increase the development footprint of the port or harbour; or
Where such development is related to the development of a port or harbour, in which case activity 26 in Listing Notice 2 of 2014 applies.

18. RESORTS / LODGES / HOTELS / TOURISM / HOSPITALITY
LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 3 5
The development of resorts, lodges, hotels and tourism or hospitality facilities that sleep less than 15 people
(a) In Eastern Cape:
A protected area identified in terms of the NEMPAA;
Outside urban areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
Outside urban areas, in:
(aa) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(bb) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined; or
Areas within a watercourse or wetland, or within 100 meters of a watercourse or a wetland; or
In an estuarine functional zone, excluding areas falling behind the development setback line; or
Inside Urban Areas;
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
LISTING NOTICE 3 ACTIVITY 5

19. CRITICAL BIODIVERSITY AREAS IN THE
GREATER ST FRANCIS AREA.

20. RESORTS / LODGES / HOTELS / TOURISM / HOSPITALITY
LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 3 6
The development of resorts, lodges, hotels and tourism or hospitality facilities that sleeps 15 people or more.
(b) In Eastern Cape:
I. In an estuarine functional zone;
a. Eastern Cape
i. Outside urban areas:
(aa) A protected area identified in terms of NEMPAA, excluding conservancies;
(bb) National Protected Area Expansion Strategy Focus areas;
Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as
Adopted by the competent authority;
(dd) Sites or areas identified in terms of an International Convention;
Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional
plans;
(ff) Core areas in biosphere reserves;
Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area
identified in terms of NEMPAA or from the core area of a biosphere reserve;
Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such
development setback line is determined; or
Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where
no such setback line has been determined; or
An estuarine functional zone, excluding areas falling behind the development setback line; or
A watercourse; or
iii. In urban areas, the following:
(aa) Areas zoned for use as public open space; or
Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a
conservation purpose.

21. LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 3 17
The expansion of a resort, lodge, hotel and tourism or hospitality facilities where the development footprint will be expanded.
(b) In Eastern Cape:
In an estuarine functional zone;
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA, excluding conservancies;
(bb) National Protected Area Expansion Strategy Focus areas;
(cc) Sensitive areas as identified in an environmental management framework as contemplated in
chapter 5 of the Act and as adopted by the competent authority;
(dd) Sites or areas identified in terms of an International Convention;
Critical biodiversity areas as identified in systematic biodiversity plans adopted by the Competent authority
or in bioregional plans;
(ff) Core areas in biosphere reserves;
Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of
NEMPAA or from the core area of a biosphere reserve; or
Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea
if No such development setback line is determined; or
ii. Inside urban areas:
(aa) Areas zoned for use as public open space;
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation

22. DEVELOPMENT WITHIN THE SEA / ESTUARY DEVELOPMENT
LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 1 17
Development;
(i) in the sea;
(ii) in an estuary;
(iii) within the littoral active zone;
(iv) in front of a development setback; or
(v) if no development setback exists, within a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever is the greater, in respect of;
(a) fixed or floating jetties and slipways;
(b) tidal pools;
(c) embankments;
(d) rock revetments or stabilising structures including stabilising walls; or
(e) buildings of 50 square metres or more; or
(f) Infrastructure or structures with a development footprint of 50 square metres or more
but excluding:
the development of infrastructure and structures within existing ports or harbours that will not increase the development footprint of the
port or harbour;
(bb) where such development is related to the development of a port or harbour, in which case activity 26 in Listing Notice 2 of 2014 applies;
the development of temporary infrastructure or structures where such structures will be removed within 6 weeks of the commencement of
development and where coral or indigenous vegetation will not be cleared; or
(dd) where such development occurs within an urban area.

23. LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 1 54
The expansion of facilities;
(i) in the sea;
(ii) in an estuary;
(iii) within the littoral active zone;
(iv) in front of a development setback; or
if no development setback exists, within a distance of 100 metres inland of the high-water mark of the sea or
an estuary, whichever is the greater, in respect of;
(a) fixed or floating jetties and slipways;
(b) tidal pools;
(c) embankments;
(d) rock revetments or stabilising structures including stabilising walls;
(e) buildings where the building is expanded by 50 square metres or more; or
(f) infrastructure or structures where the development footprint is expanded by 50 square metres or more,
but excluding-
(aa) the expansion of infrastructure or structures within existing ports or harbours that will not increase the development footprint
of the port or harbour; or
(bb) where such expansion occurs within an urban area

24. EXAMPLE ST FRANCIS BAY BEACH NOURISHMENT
LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 2 26
Development;
(i) in the sea;
(ii) in an estuary;
(iii) within the littoral active zone;
(iv) in front of a development setback; or
(v) if no development setback exists, within a distance of 100 metres
inland of the high-water mark of the sea or an estuary, whichever is the greater in respect of;
(a) facilities associated with the arrival and departure of vessels and the handling of cargo;
(b) piers;
(c) inter- and sub-tidal structures for entrapment of sand;
(d) breakwater structures;
(e) coastal marinas;
(f) coastal harbours or ports;
(g) tunnels; or
(h) underwater channels;
but excluding the development of structures within existing ports or harbours that will not increase the development footprint of the port or harbour.
EXAMPLE ST FRANCIS BAY BEACH NOURISHMENT

25. VEGETATION CLEARANCE
DEFINITION OF INDIGENOUS VEGETATION: Refers to vegetation consisting of indigenous plant species occurring naturally in an area, regardless of the level of alien infestation and where the topsoil has not been lawfully disturbed during the preceding ten years.

26. LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 1 27
The clearance of an area of 1 hectares or more, but less than 20 hectares of indigenous
vegetation, except where such clearance of indigenous vegetation is required for;
(i) the undertaking of a linear activity; or
(ii) maintenance purposes undertaken in accordance with a maintenance management plan 2 15
The clearance of an area of 20 hectares or more of indigenous vegetation, excluding where such
clearance of indigenous vegetation is required for;

27. LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 3 12
The clearance of an area of 300 square metres or more of indigenous vegetation except where such clearance of vegetation is required for maintenance purposes undertaken in accordance with a maintenance management plan.
In Eastern Cape, Free State, Gauteng, Limpopo, North West and Western Cape provinces:
i) Within any critically endangered or endangered ecosystem listed in terms of section 52 of the NEM:BA or prior to
the publication of such a list, within an area that has been identified as critically endangered in the National Spatial
Biodiversity Assessment 2004;
Within critical biodiversity areas identified in bioregional plans;
Within the littoral active zone or 100 metres inland from high water mark of the sea or an estuarine functional zone,
whichever distance is the greater, excluding where such removal will occur behind the development setback line on erven
in urban areas; or
iv) Outside urban areas within 100 meters inland from the estuarine functional zone; or
v) On land, where, at the time of the coming into effect of this Notice or thereafter such land was zoned open space,
conservation or had an equivalent zoning.

28. THREATENED ECOSYSTEM

29. WITHIN 32 M FROM A WATERCOURSE
DEFINITION OF URBAN AREA:
Means areas situated within the urban edge as defined or adopted by the competent authority, or in instances where no urban edge or boundary has been defined or adopted, it refers to areas situated within the edge of built-up areas.
DEFINITION OF A WATERCOURSE;
Means -
(a) a river or spring
(b) a natural channel in which water flows regularly or intermittently
(c) a wetland, pan, lake or dam into which or from which water flows; and any collection of water which the Minister may, by notice in the Gazette, declare to be a watercourse as defined in the National Water Act and a reference to a watercourse includes, where relevant, its bed and banks.
PERTINENT TO AREAS OUTSIDE THE URBAN EDGE - AGRICULTURAL LAND - KROMME RIVER

31. LISTING NOTICE ACTIVITY ACTIVITY DESCRIPTION 1 12 The development of;
(i) canals exceeding 100 square metres in size;
(ii) channels exceeding 100 square metres in size;
(iii) bridges exceeding 100 square metres in size;
(iv) dams, where the dam, including infrastructure and water surface area, exceeds 100 square metres in size;
(v) weirs, where the weir, including infrastructure and water surface area, exceeds 100 square metres in size;
(vi) bulk storm water outlet structures exceeding 100 square metres in size;
(vii) marinas exceeding 100 square metres in size;
(viii) jetties exceeding 100 square metres in size;
(ix) slipways exceeding 100 square metres in size;
(x) buildings exceeding 100 square metres in size;
(xi) boardwalks exceeding 100 square metres in size; or
(xii) infrastructure or structures with a physical footprint of 100 square metres or more;
The development of –
Dams or weirs, where the dam or weir, including infrastructure and water surface area, exceeds 100 square meters or
Infrastructure or structures with a physical footprint of 100 square meters or more
where such development occurs;
(a) within a watercourse;
(b) in front of a development setback; or
if no development setback exists, within 32 metres of a watercourse, measured from the edge of a watercourse;
excluding:
the expansion of infrastructure or structures within existing ports or harbours that will not increase the development footprint of the port or
harbour;
where such expansion activities are related to the development of a port or harbour, in which case activity 26 in Listing Notice 2 of 2014
applies;
(cc) activities listed in activity 14 in Listing Notice 2 of 2014 or activity 14 in Listing Notice 3 of 2014, in which case that activity applies;
(dd) where such development occurs within an urban area; or
where such development occurs within existing roads or road reserves or railway line reserves or
the development of temporary infrastructure or structures will be removed within 6 weeks of the commencement of development and where indigenous vegetation will not be cleared.

32. LISTING NOTICE ACTIVITY ACTIVITY DESCRIPTION 1 48 The expansion of;
(i) canals where the canal is expanded by100 square metres or more in size;
(ii) channels where the channel is expanded by100 square metres or more in size;
(iii) bridges where the bridge is expanded by 100 square metres or more in size;
dams, where the dam, including infrastructure and water surface area, is expanded by 100 square metres or more in size;
weirs, where the weir, including infrastructure and water surface area, is expanded by 100 square metres in size;
(vi) bulk storm water outlet structures where the bulk storm water outlet structure is expanded by square metres in size;
marinas where the marina is expanded by 100 square metres in size;
(i) infrastructure or structures where the physical footprint is expanded by 100 square meters or more; or
(ii) Dams or weirs, where the dam or weir, including infrastructure and water surface area, is expanded by square meters or more
Where such expansion [or expansion related operation] occurs –
Within a watercourse
In front of a development setback; or
If no development setback exists, within 32 meters of a watercourse, measured from the edge of a watercourse
Excluding:
the expansion of infrastructure or structures within existing ports or harbours that will not increase the
development footprint of the port or harbour;
where such expansion activities are related to the development of a port or harbour, in which case
activity 26 in Listing Notice 2 of 2014 applies;
activities listed in activity 14 in Listing Notice 2 of 2014 or activity 14 in Listing Notice 3 of 2014, in which
case that activity applies;
(dd) where such development occurs within an urban area; or
(ee) where such development occurs within existing roads or road reserves or railway line reserves

33. LISTING NOTICE
ACTIVITY
ACTIVITY DESCRIPTION 1 49
The expansion of;
(i) jetties by more than 100 square metres;
(ii) slipways by more than 100 square metres;
(iii) buildings by more than 100 square metres;
(iv) boardwalks by more than 100 square metres; or
infrastructure or structures where the physical footprint is expanded by 100 square metres or more;
where such expansion or expansion and related operation occurs;
(a) within a watercourse;
(b) in front of a development setback; or
if no development setback exists, within 32 metres of a
watercourse, measured from the edge of a watercourse;
excluding:
the expansion of infrastructure or structures within existing ports or harbours that will not increase the
development footprint of the port or harbour;
where such expansion activities are related to the development of a port or harbour, in which case activity
26 in Listing Notice 2 of 2014 applies;
activities listed in activity 14 in Listing Notice 2 of 2014 or activity 14 in Listing Notice 3 of 2014, in which
case that activity applies;
(dd) where such expansion occurs within an urban area; or
(ee) where such expansion occurs within existing roads or road reserves.

34. Environmental Consultancy
Thank you
Should you require assistance identifying a Listed Activity or with an Environmental Impact Assessment please do not hesitate to contact us for assistance on
Eco Route
Environmental Consultancy