draft guideline document basics - biodiversity...

Biodiversity Stewardship

Guidelines

24 November 2009

Biodiversity Stewardship Guideline Document – 24 November 2009______________________________________________________________________________________

GUIDELINE DOCUMENT BASICS

Table of Contents

1 Background.................................................................................................................11.1 Biodiversity Stewardship South Africa.................................................................11.2 Stewardship Defined...........................................................................................21.3 Biodiversity Stewardship Principles.....................................................................2

2 Legal Framework.........................................................................................................32.1 Background legislation........................................................................................32.2 The National Environmental Management: Biodiversity Act (Act 10 of 2004).....4

2.2.1 Planning tools provided for in the Biodiversity Act..........................................42.3 The National Environmental Management: Protected Areas Act (Act 57 of 2003)

52.3.1 Categories of protected area in the Act...........................................................52.3.2 Key elements in relation to National Parks / Nature Reserves.........................62.3.3 Key elements in relation to Protected Environments.......................................72.3.4 Incentives to encourage landowners in National Parks, Nature Reserves and Protected Environments..............................................................................................72.3.5 Key elements in relation to other protected areas..........................................7

3 Institutional Framework...............................................................................................83.1 Institutional Objectives.......................................................................................83.2 Implementation through co-operative governance.............................................83.3 Institutional Models...........................................................................................11

4 Stewardship Procedural Framework...........................................................................124.1 Biodiversity Stewardship Priority Areas.............................................................13

4.1.1 National biodiversity Priority Areas...............................................................134.1.2 Provincial and local biodiversity priority areas..............................................134.1.3 Prioritising biodiversity stewardship implementation within biodiversity priority areas.............................................................................................................14

4.2 Implementation Procedure................................................................................144.2.1 PHASE 1 – Initiation of landowner/user interactions......................................164.2.2 PHASE 2 – Biodiversity and socio-economic institutional assessments..........204.2.3 PHASE 3a – Contract negotiation and draft management plan development 224.2.4 PHASE 3b – Site approval and cost analysis..................................................254.2.5 PHASE 4 - MEC submission and formal declaration.......................................274.2.6 PHASE 5 – Provide support to the protected area and perform annual auditing

285 Stewardship within SANParks....................................................................................296 Land Reform and Stewardship on Communal Lands..................................................297 Biodiversity Stewardship Categories..........................................................................30

7.1 Conservation Area.............................................................................................317.2 Biodiversity Management Agreement...............................................................327.3 Protected Environment.....................................................................................347.4 Nature Reserve.................................................................................................36

8 Incentives..................................................................................................................408.1 Statutory Fiscal Incentives................................................................................40

8.1.1 Biodiversity Management Agreements..........................................................408.1.2 Protected Environments................................................................................418.1.3 Nature Reserves and National Parks.............................................................41

8.2 Discretionary Incentives....................................................................................428.3 Beneficiation agreement...................................................................................43

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Tables

Table 1.1: Principles of Biodiversity Stewardship...............................................................3Table 1.1: Kinds of protected areas as per NEM:PAA..........................................................5Table 3.1: DEA Roles and Responsibilities..........................................................................9Table 2.2: Actions required for biodiversity stewardship to succeed..................................9Table 4.1: Biodiversity Stewardship implementation procedure......................................15Table 5.1: Conservation Area defined..............................................................................31Table 5.2: Biodiversity Management Agreement defined.................................................32Table 5.3: Protected Environment defined.......................................................................34Table 5.4: Nature Reserve defined...................................................................................36

Figures

Figure 3.1: Basic institutional model for a provincial biodiversity stewardship programme..................................................................................................................................11

Figure 4.1: Criteria for identifying stewardship priority sites............................................14Figure 5.1: Stewardship Categories.................................................................................30

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Appendices

Appendix A Biodiversity site assessment formAppendix B Stewardship category review criteriaAppendix C Pro forma contracts

Appendix C1 – Biodiversity Management AgreementsAppendix C2 – Nature Reserves (Whole)Appendix C3 - Nature Reserves (Portion)Appendix C4 - Protected Environments (Whole)Appendix C5 - Management Agreement Nature Reserve (whole)Appendix C6 - Management Agreement Nature Reserve (Portion)Appendix C7 – Management Agreement Protected Environment

Appendix D Conservation area registration formAppendix E Pro forma Biodiversity Management PlanAppendix F Examples of public participation notice & proclamationAppendix G Process Checklist Appendix H Comparison of different stewardship levelsAppendix I Possible incentives and support for stewardship sites

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Abbreviations

BotSoc Botanical Society of South AfricaBSSA Biodiversity Stewardship South AfricaBMA Biodiversity Management AgreementCBNRM Community-Based Natural Resource ManagementCDP Concept Development PlanCREW Custodians of Rare and Endangered WildflowersDAFF Department of Agriculture, Forestry and FisheriesDEA National Department of Environmental Affairs DRDLR Department of Rural Development and Land ReformDPW Department of Public WorksDWA Department of Water AffairsEE Environmental EducationEIA Environmental Impact AssessmentEKZNW Ezemvelo KZN WildlifeEPWP Expanded Public Works ProgramFPA Fire Protection AssociationGIS Geographical Information SystemsI&AP Interested and Affected PartiesIAS Invasive alien speciesIDP Integrated Development PlanIEM Integrated Environmental ManagementIMP Integrated Management PlanKPA Key Performance AreaMEC Member of the Executive CouncilMO Management ObjectiveMOU Memorandum of UnderstandingNEM National Environmental Management (Act)NHS Natural Heritage SiteNLP National LandCare ProgrammeNGO Non-Governmental OrganizationNEMPAA National Environmental Management: Protected Areas Act (57 of 2003)NEMBA National Environmental Management: Biodiversity Act (10 of 2004)NR Nature ReservePA Protected AreaPAMP Protected Area Management PlanPE Protected EnvironmentPGDP Provincial Growth and Development PlanPNR Private Nature ReservePPP Public Private PartnershipROC Regional Operations CommitteeRSA Republic of South AfricaSANBI South Africa National Biodiversity InstituteSANParks South African National ParksSAHRA South African Heritage Resources AgencySDF Spatial Development FrameworkSKEP Succulent Karoo Ecosystem PlanSMP Strategic Management PlanSoCS Sites of Conservation SignificanceSTEP Subtropical Ecosystem Planning ProjectSUPAR Sustainable Utilization and Protection of Agricultural Resources (Bill)WfW Working for WaterWoF Working on FireWWFSA Worldwide Fund for Nature

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1 Background

South Africa faces critical challenges relating to the need to protect our unique and highly diverse natural environment, as well as implementing programmes and policies that seek to address the inequalities and injustices that the majority of South Africans were subjected to in the recent past.

South Africa is one of the most biodiversity-rich countries in the world, with much valuable biodiversity situated on privately owned or communal1 land. Our biodiversity is under great pressure, with loss of natural habitat (as a result of, for example, urban and agricultural expansion) one of the major causes of biodiversity loss. Considering that a vast proportion of South Africa’s most threatened ecosystems are on private or communal land, it has been recognised that in order to effectively conserve the country’s biodiversity, biodiversity conservation efforts must be expanded to include areas outside of the current state-owned reserves and parks.

The primary goal of biodiversity stewardship is to secure biodiversity features of both immediate and long-term value through voluntary agreements with private and communal landowners/users. In many cases the rationale for encouraging conservation on private land is to conserve biodiversity in threatened ecosystems, where habitat loss is an ever-present threat. Habitat loss can often be most effectively tackled by spending effort on securing these sites.

The National Protected Area Expansion Strategy (NPAES), recently adopted by the Department of Environmental Affairs (DEA), sets protected area targets for South Africa, provides maps of focus areas for protected area expansion, and makes recommendations on mechanisms for protected area expansion. The two main mechanisms identified for expanding the land-based protected area network are acquisition of land, and contract agreements with private and communal landowners/users developed through biodiversity stewardship programmes. It is neither desirable nor financially feasible for government to purchase all the land identified as high priority for meeting protected area targets or as threatened ecosystems. The NPAES recommends that contract agreements through biodiversity stewardship programmes should play an increasingly important role in protected area expansion.

Biodiversity stewardship thus plays a central role in the implementation of the NPAES and the achievement of South Africa’s protected area targets. It can also play a critical role in securing threatened ecosystems, in most of which establishment of large traditional state-owned protected areas is no longer feasible. Biodiversity stewardship provides a cost-effective mechanism for government to carry out its conservation mandate and achieve biodiversity and protected area targets.

The importance of biodiversity stewardship is recognised in the National Biodiversity Framework, recently adopted by the DEA, which identifies the establishment and strengthening of provincial biodiversity stewardship programmes as one of 33 priority actions for biodiversity conservation in South Africa over the period 2008 to 2013.

1.1 Biodiversity Stewardship Programme

Biodiversity stewardship has been implemented in South Africa over the past several years and in that time has gained importance as a key mechanism to secure priority biodiversity on land outside of state-owned protected areas. The development and implementation of biodiversity stewardship programmes has occurred from the bottom

1 In most communal areas land is still nominally owned by the state or the Minister of DRDLR. There are a range of tenure arrangements on this land, but the users of the land and not always legally the owners. For this reason, in this document we refer to landowners/users rather than just to landowners.

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up, through partnerships between landowners, conservation NGOs and conservation agencies, mainly in the Western Cape (through CapeNature)2 and KZN (through Ezemvelo KZN Wildlife).

Much has been learnt by the establishment and success of these two provincial programmes, but the Biodiversity Stewardship Programme is still in evolution. As such, the need was recognised for a coherent agreed national framework with clear policies, approaches, norms and standards, still allowing for appropriate flexibility at the provincial level. The Biodiversity Stewardship Programme (BSP) is an initiative of DEA in partnership with key conservation organisations, and aims to provide provinces with a consistent, national, landscape-scale approach to stewardship through the development of guidelines for biodiversity stewardship implementation. A memorandum of agreement signed between DEA and the Endangered Wildlife Trust (EWT) soon after the establishment of the BSP, saw EWT as the coordinator of the BSP for the first two phases of the initiative.

1.2 Stewardship Defined

Biodiversity stewardship recognises landowners/users as custodians of their land, including the biodiversity and natural recourses. It is a mechanism that promotes and supports the wise use and management of natural resources and biodiversity, and the ecosystem services they provide, through the form of voluntary legal agreements with private and communal landowners/users. Biodiversity stewardship sites contribute to protected area and/or biodiversity targets by securing biodiversity features of both immediate and long-term value.

1.3 Biodiversity Stewardship Principles

Various principles for biodiversity stewardship have been identified. These principles ensure the integrity and effective implementation of biodiversity stewardship programmes.

2 The first biodiversity stewardship project was piloted in 2003 with funding from the C.A.P.E. programme, involving a partnership between the Botanical Society of South Africa and CapeNature.

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The key advantages of biodiversity stewardship are:

It provides a cost effective conservation mechanism for expanding protection over important biodiversity areas in production landscapes, in many cases without taking land out of agricultural production;

It contributes to national targets for protecting threatened ecosystems, expanding protected areas, maintaining the diversity and integrity of natural systems and landscapes, and the provision of vital ecosystem goods and services;

It provides political, social, economic and environmental benefits.


Table 1.1: Principles of Biodiversity Stewardship

PRINCIPLES OF BIODIVERSITY STEWARDSHIP

The biodiversity outcomes are critical. Decision to invest in sites must be based on the biodiversity value of the land, not on ownership, political affiliation or economic status.

Focus on biodiversity priority areas. Using systematic biodiversity planning products, the biodiversity stewardship programme efforts must focus only on high priority biodiversity areas, so as to ensure the best use of limited capacity and resources.

Site security – In order to maximise use of limited resources and guarantee ongoing conservation, high biodiversity value land must be secured through formal agreements and legal contracts. Relative to the biodiversity value of the property, every effort should be made to secure the highest possible category for a given site.

Voluntary commitment. Biodiversity stewardship agreements are voluntary commitments between landowners/users and conservation agencies, and can only be used when the landowner/user is willing to enter into an agreement. Landowners/users are custodians of the land and as such will continue to be the key users and managers of the land.

Understand and acknowledge Landowner’s needs. The implementing agency must endeavour to understand the landowner’s needs, issues and motivations for conservation. During contract negotiations, every effort should be made to accommodate these, whilst ensuring effective conservation management of the property in question, and without compromising the resources of the Programme or the integrity of the relevant biodiversity stewardship category.

Ensure ongoing landowner support. Once biodiversity stewardship agreements are in place, the conservation authorities and its programme partners must ensure that there is sufficient capacity and resources to provide ongoing support to the relevant landowners.

Co-operative governance and partnerships. It is important to adopt a landscape-scale approach when implementing biodiversity stewardship, where cooperation across properties is necessary for effective conservation management. In addition, the conservation authority will not be acting in isolation and therefore may need to forge partnerships or practice co-operation with various other governmental agencies, NGOs, landowners, companies, etc.

2 Legal Framework

Various pieces of legislation provide the framework for implementation of biodiversity stewardship programmes. This section provides a brief overview of relevant provisions in the most directly relevant laws.

2.1 Background legislation

Environmental rights are provided for in Section 24 of the Bill of Rights within the Constitution of the Republic of South Africa (Act 108 of 1996). Section 24 affords all citizens the right to an environment that is not harmful to their wellbeing, and that is protected for “the benefit of present and future generations...” It is on these grounds that a constitutional duty is placed on the State (and all spheres of government therein) to take reasonable steps, in their current functions as well as future plans, to prevent

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environmental degradation, promote conservation and ensuring sustainable development.

The National Environmental Management Act (Act 107 of 1998) (NEMA) was created to provide the legal framework that aims to ensure that all people within South Africans have their constitutional environmental rights realised. NEMA, together with the Constitution, prepared the way for a suite of environmental legislation including the National Environmental Management: Protected Areas Act (Act 57 of 2003) and the National Environmental Management: Biodiversity Act (Act 10 or 2004), which are key to biodiversity stewardship programmes.

2.2 The National Environmental Management: Biodiversity Act (Act 10 of 2004)

The National Environmental Management: Biodiversity Act (NEMBA) (developed in response to South Africa’s ratification of the Convention on Biological Diversity and the subsequent National Biodiversity Strategy and Action Plan) provides a dedicated planning instrument to cover various aspects of biodiversity. Various planning tools are catered for, providing for both spatial and strategic management planning.

2.2.1Planning tools provided for in the Biodiversity Act

Various tools identified in NEMBA are aimed at assisting provincial authorities and conservation agencies with identifying biodiversity priorities and addressing possible threats to biodiversity. From a stewardship perspective, it is important to use these tools to get a clearer understanding of where the biodiversity priorities are situated, thus enabling limited recourses to be allocated efficiently. The following tools are identified:

National Biodiversity Framework (NBF) – a medium-term tool that aims to coordinate and align the efforts of various governmental and non-governmental organisations to achieve the sustainable use and conservation of biodiversity. As noted earlier, the NBF recognises the establishment and strengthening of provincial biodiversity stewardship programmes as one of 33 priority actions for the period 2008 to 2013.

Bioregional plans – these are spatial plans that identify critical biodiversity areas at the local or district scale, and provide land-use planning and decision-making guidelines for these critical biodiversity areas. Bioregional plans are published by the Minister or MEC. A Guideline for Bioregional Plans has been gazetted. Biodiversity stewardship is an important tool for securing natural habitat in critical biodiversity areas.

Biodiversity Management Plans – can be developed for ecosystems, indigenous species or migratory species and are to be submitted to the Minister for approval. Norms and standards for Biodiversity Management Plans for Species have been gazetted.

Biodiversity Management Agreements – an agreement entered into by the Minister and the responsible person, organisation or organ of state with regard to the implementation of a biodiversity management plan. With delegation of signing BMAs to provincial level, BMAs will be a key tool for implementing biodiversity stewardship agreements.

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Listing Threatened and Protected Ecosystems – to provide protection to, and maintain integrity of, threatened or protected ecosystems. Biodiversity stewardship is an important tool for securing remaining natural habitat in threatened ecosystems.

Listing Threatened and Protected Species - to provide protection to, and ensure survival in the wild of, threatened or protected species. List published 21 February 2007.

Control and enforcement of species and organisms posing a potential threat to biodiversity – to minimise the harm on biodiversity and ecosystems by alien and invasive species, by identifying such species, restricting activities regarding them and enforcing duty of care for management of these species.

2.3 The National Environmental Management: Protected Areas Act (Act 57 of 2003)

The National Environmental Management: Protected Areas Act (NEMPAA) creates a framework for the declaration and management of protected areas while providing for co-operative governance. The Act further aims to provide a representative network of protected areas on state, private and communal land, while promoting the sustainable utilisation of protected areas for human benefit without losing the ecological character of the area. Additionally the Act encourages local community participation in the management of protected areas and aims to balance the relationships between environmental biodiversity, human settlement and economic development. Thus NEMPAA establishes the legal platform for biodiversity stewardship and is essential for achieving biodiversity objectives.

2.3.1Categories of protected area in the Act

The table below sets out the different categories of protected area under NEMPAA.Table 1.1: Protected areas in NEMPAA

Protected area type Declared by

Level of managemen

t controlManagement authority

Special Nature Reserve Minister Highest

Any suitable person, organisation or organ of state

National Park Minister High SANParks

Nature Reserve Minister or MEC High


Protected Environment Minister or MEC

Lowest - land use controlled


World Heritage Sites Requirements as per World Heritage Convention Act (Act 49 of 1999)

Marine Protected Areas

Requirements as per Marine Living Resources Act (Act 18 of 1998)

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Protected Forest Area Requirements as per National Forests Act (Act 84 of 1998)

Mountain Catchment Areas

Requirements as per Mountain Catchment Areas Act (Act 63 of 1970)

The two categories most applicable to biodiversity stewardship programmes are the “nature reserve” and “protected environment” categories, as they allow for a landowner to be the management authority of a protected area which is formally recognised in terms of NEMPAA.

NEMPAA provides requirements which an area should fulfil in order to be declared a nature reserve or a protected environment. These requirements are set out below and should be interpreted with the provisions of section 17, namely the Purpose of Protected Areas.

In terms of section 23 (2) of NEMPAA, an area may be only be declared a nature reserve:

a) a) to supplement the system of national parks in South Africa;b) b) to protect the area if the area:

(i) has significant natural features or biodiversity;(ii) is of scientific, cultural, historical, or archaeological interest; or(iii) is in need of long-term protection for the maintenance of its biodiversity or

the provision of environmental goods and services.c) to provide for a sustainable flow of natural products and services to meet he needs

of a local community;d) to enable the continuation of such traditional consumptive uses as are sustainable;

ore) to provide for nature-based recreation and tourism opportunities.

In terms of section 28 (2) of NEMPAA, an area may be only be declared a protected environment:

f) to regulate the area as a buffer zone for the protection of a special nature reserve, national park, world heritage site, or nature reserve;

g) to enable owners of land to take collective action to conserve biodiversity on their land and to seek legal recognition thereof;

h) to protect the area if the area is sensitive to development due to its:(i) biological diversity;(ii) natural characteristics(iii) scientific, cultural, historical, archaeological or geological value;(iv) scenic and landscape value; or(v) provision of environmental goods and services.

i) to protect a specific ecosystem outside of a special nature reserve, national park, world heritage site or nature reserve;

j) to ensure that the use of natural resources in the area is sustainable; ork) to control change in land use if the area is earmarked for declaration as, or

inclusion in, a national park or nature reserve.

It is important to keep the above requirements in mind when identifying and contracting sites for biodiversity stewardship. Activity and development restrictions may apply to both nature reserves and protected environments (as per sections 49, 50 and 51 of NEMPAA) and cognisance of these should be taken during negotiations and contracting of biodiversity stewardship sites.

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2.3.2Key elements in relation to National Parks / Nature Reserves

A number of elements specific to national parks and nature reserves exist. These may be seen as minimum requirements as per NEMPAA.

Contracts for national parks are signed by the Minister or SANParks (with the Minister retaining the deceleration responsibility) while those for nature reserves may be signed/declared by the minister or MEC of the relevant province.

A management authority must be assigned by the Minister or MEC to the site (this may be the landowner if necessary).

A management plan must be drawn up and submitted to the Minister or MEC within 12 months of the assignment of a management authority. (Ideally for biodiversity stewardship sites, a management plan should be in signed prior/concurrently with the declaration).

Access to privately-owned land must be governed by an agreement between the conservation agency and the management authority; it is not necessarily open to the public, and the landowner does not have automatic rights to allow anyone to access the land, but may open it to the public if the landowner wishes, with the consent of the Management Authority.

No mining or prospecting is allowed within the declared area. The restrictions are recorded on the title deed of the property; they bind future

owners, and will be in force for a minimum period (usually not less than 30 years, but ideally for 99 years – in perpetuity).

Management arrangements for the land will be negotiated between the owner and the management authority. However, the investment of scarce resources should be optimised through focusing only on the most crucial management objectives, and through an equitable sharing of the costs of conservation. In many cases, the landowner might be in the best position to manage the land. Further resources will be made available on management authorities and plans for private land contracted to conservation agencies.

2.3.3Key elements in relation to Protected Environments

Protected Environments (PEs) are the most flexible but least secure type of protected area. There are relatively few restrictions on Protected Environments, and several other land uses can be accommodated within them. Legally, protected environments “may or may not” have dedicated management authorities and a management plan is only required if a management authority is appointed. For the purposes of biodiversity stewardship, a management authority and management plan should be in place for each agreement to ensure the biodiversity is adequately protected and managed in an auditable manner. The management authority can be any suitable person (e.g. the landowner), organisation (e.g. a formally constituted conservancy body) or organ of state.

Although there are relatively few restrictions in a Protected Environment, according to section 48 of NEMPAA, mining and prospecting are only permitted with the written permission of the Minister of Environmental Affairs and the cabinet member responsible for Mineral Affairs. The Minister or MEC responsible for Environmental Affairs may issue regulations restricting inappropriate development or other activities that affect the Protected Environment.

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2.3.4 Incentives to encourage landowners in National Parks, Nature Reserves and Protected Environments

As landowners must volunteer to agree to the declaration of their property as a National Park, Nature Reserve or Protected Environment, some inducements should be made available to encourage them to do so, while at the same time also ensuring the adequate management of the protected area. The sourcing and implementation of different incentives is an ongoing process, and incentive needs differ from province to province and between different people. As such, a range of incentives are currently available, including statutory and non-statuary options. These options are further discusses in section 8 (Incentives) of this document.

2.3.5Key elements in relation to other protected areas

It is the intention of NEMPA Act to rationalise the management of adjoining protected areas, especially forests. A rather significant constraint is imposed by Section 38(4) of the Act, which stipulates that marine and terrestrial protected areas with common boundaries must be managed by a single management authority. This might have some significant unintended consequences for a coastal landowner, but could be resolved with a creative contract and management plan.

Conservancies are not protected areas. They are informal collaborative management arrangements between neighbouring landowners and/or communities, regarding mutual environmental management goals. They are usually registered with provincial conservation agencies, but as they involve no formal management or long-term security for the biodiversity they contain, conservancies should not be viewed as protected areas and should not be eligible for the majority of incentives. Conservancies are, however, a useful stepping stone to get people to co-operate with each other, and provide a valuable platform for interaction and communication with a larger group of people – particularly efficient for conservation extension personnel. Specific or key properties within a conservancy could be upgraded and declared as protected areas in terms of the Act, if they contribute to meeting biodiversity targets.

3 Institutional Framework

The co-operation and involvement of many parties (departmental and external) is required to secure sites, and to ensure the effective management of these sites. Several provinces have or are in the process of developing biodiversity stewardship programmes.

3.1 Institutional Objectives

For the purpose of achieving biodiversity stewardship with the primary goal of site security, the objectives during the process need to include the following (in order of priority): Conservation agencies must develop durable relationships with landowners,

communities, local authorities and other government departments that control areas of biodiversity priority.

The costs of conserving biodiversity must be shared between the public (through the state), the local municipality, the landowner/user and any specific direct beneficiaries of the resources conserved or the area protected, on a basis which is equitable in relation to the benefits accrued to each party.

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Conservation agencies must strive to minimise costs and maximise efficiency (in terms of resources and personnel) in conserving biodiversity outside of state-owned protected areas.

Options should be provided to recognise commitment to and investment in voluntary biodiversity conservation within farming and other land use systems.

Securing conservation investments must be of paramount importance, to ensure the sustainability of conservation effort and funding. Any conservation status afforded to critical biodiversity sites must thus be well managed, durable, legally sound, resilient to changing opinion on land use, and easily audited.

Prerequisites for meeting the above objectives are as follows: Consideration needs to be given to investing in the skills needed to achieve the

objectives. Encouraging conservation action is not an event, but a process that will require using specific skills over a long time.

A systematic and defensible conservation planning process (with 5-20 year goals) for a specific region at a cadastral scale is very useful to build consensus on common objectives. This will not only greatly assist in focusing expenditure and conservation action, but is a ready means of determining capacity needs to meet the local challenges.

Securing land for conservation requires a focused approach. Those agencies mandated to achieve biodiversity stewardship must have specifically appointed and dedicated staff.

3.2 Implementation through co-operative governance

Multiple role players are involved in implementing biodiversity stewardship programmes, with lead agents for biodiversity stewardship identified in the NBF as DEA, provincial conservation authorities, NGOs and the South African National Biodiversity Institute (SANBI). Some of the key roles, institutional arrangements and actions are set out below.

The National Biodiversity Framework provides that DEA (Directorate: Biodiversity Conservation) will actively co-ordinate the programme with responsibility for implementation delegated to the provincial conservation authorities. As such, DEA established the Biodiversity Stewardship Programme (BSP) to coordinate biodiversity stewardship and assist national and provincial government in fulfilling its mandate to conserve biodiversity outside of state-owned protected areas. DEA (through the BSP) has inferred roles and responsibilities with regards to their position within biodiversity stewardship.

Table 3.1: DEA Roles and Responsibilities

DEA ROLES AND RESPONSIBILITIES

To provide guidance and coordination to agencies managing sites of biodiversity importance to ensure that natural systems, biodiversity and ecosystem services are maintained and enhanced for present and future generations, through the standard implementation of the stewardship mechanism.

To support, motivate and coordinate provincial and other biodiversity stewardship initiatives within an enabling national framework, including enabling legislation and regulations, contributing effectively to achieving the various national, provincial and local biodiversity conservation targets outside of state-owned protected areas

To promote the provision of incentives for landowners to commit their property

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to a stewardship option through the relevant conservation authority, including assistance with the development and implementation of a management plan for optimal natural resource productivity and ecosystem functioning.

To avoid administrative or bureaucratic blockages, there is a significant need for dedicated staff to be appointed at both national and provincial levels to process plans and agreements, as well as delegation of specific functions by the Minister and MEC to conservation agency personnel. This delegation must be well motivated and carefully controlled to ensure that norms and standards are maintained and that initiatives and agreements are processed speedily. Inaction has resulted in many landowners and communities around South Africa becoming frustrated and disillusioned with conservation and its agents. The table below provides a list of some of the actions required by specific actors in order to get the new laws working.

Table 2.2: Actions required for biodiversity stewardship to succeed

Responsible entity

Actions required

DEA Support and Facilitate

Support and co-ordinate the implementation of stewardship by conservation agencies, through the establishment and management of a National Advisory Committee

Create a national enabling environment for the implementation of biodiversity stewardship

Assist with building capacity in provinces to draft, negotiate and finalise biodiversity stewardship agreements in terms of the Acts

Set guidelines, with minimum norms and standards regarding biodiversity stewardship

Formalise relationships with potential suppliers of incentives nationally (e.g. WfW, WfWetlands, etc)

Develop appropriate legal tools to assist in implementation Manage declaration process for SANParks and WH Sites Liase with SARS and Treasury on implementation of incentives

SANBI Support and Facilitate

Support implementation of biodiversity stewardship though the work of the bioregional programmes

Support biodiversity stewardship through the development of appropriate tools

Provide Science-based advice on biodiversity stewardship policy and implementation

Facilitate learning network / community of practice

Provincial The provincial conservation agencies should be implementing

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conservation agencies & SANParks

agencies of biodiversity stewardship programmes Establish and implement biodiversity stewardship programmes. Secure and manage biodiversity stewardship agreements. Streamline approval process for agreements and declarations. Ensure biodiversity stewardship programme is sufficiently staffed and

supported. Co-operate with other directorates to ensure sufficient suitably skilled

extension staff. Formalise relevant partnerships with NGOs and landowners/users to

ensure biodiversity stewardship implementation.

NGOs NGOs could play a range of different roles in biodiversity stewardship. These include:

Provide auditing and extension support. Act as biodiversity stewardship facilitators through agreement with the

relevant provincial conservation agency. Facilitate support to communal landowners/users regarding broader

developmental objectives on the property for which a biodiversity stewardship agreement is in place.

Pioneer new options and tools. Provide training for stewardship implementation staff Explore the establishment and management of trust funds.

The value of having provincial spatial biodiversity plans or biodiversity plans at a finer scale is significant. SANBI plays a key role in building spatial biodiversity planning capacity and expertise at national and provincial levels. The benefit of involving conservation and land management agencies, landowners/users, communities and key industries in generating a common vision and plan for an area is enormous, and can result in mainstreaming biodiversity, i.e. raising its profile and making it a part of the way departments and people do business.

The key challenge to implementing the laws lies in building suitably qualified and skilled extension services at provincial level for protected areas and biodiversity stewardship. NGOs and experts can add considerable value to any conservation extension effort. The success of conserving a viable ecological infrastructure and species complement will hinge largely on appropriate investment in extension personnel and their tools for the job.

NGOs have a large role to play in making the new laws work. They are often able to be more adaptive and less risk-averse than statutory conservation agencies, and can raise additional funds to pursue biodiversity stewardship in priority areas. In the foreseeable future, NGOs can play a significant gap-filling role where provincial agencies are under-resourced and under-staffed, and can continually motivate for greater political and financial investment in agencies, priority areas and biodiversity-sensitive decision-making. A key role unique to NGOs is that of being an honest broker of conservation agreements between agencies and landowners/users, and an independent mediator of disagreements arising from the inevitably sensitive relationships between them.

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The success of implementation will depend on open and honest communication between agencies, NGOs, landowners/users and communities; and the willingness to change the law if it is not working, and to find other innovative approaches.

There are a number of roles which the private and communal landowners/users have to play within the process: The landowners/users need to know what the sustainable solutions of this process

will mean to them. They may need to give some money from their own pockets, to get the process

off the ground – but it is crucial that affordability plays a major role throughout the implementation of the process.

The existing network of state-owned protected areas cannot adequately protect the many threatened ecosystems and species in South Africa. Landowners/users can play a pivotal role to expanding protected areas through committing their properties to conservation through one of the biodiversity stewardship options.

3.3 Institutional Models

Due to varying internal structures within each provincial conservation agency, the institutional arrangement for biodiversity stewardship programmes may differ. A generalised institutional model is presented below:

Figure 3.1: Basic institutional model for a provincial biodiversity stewardship programme

Each province will need to focus on the following key elements for biodiversity stewardship programmes to be implemented successfully:

Political acceptance/support – high level buy-in.

Designated Provincial

Conservation Agency

Designated Directorate

Biodiversity Stewardship Unit:

- Manager- Facilitators/negotiators

Extension staff- existing staff from designated directorate- existing staff from other directorates

Stewardship Task Team:

Relevant managers from:- Biodiversity stewardship unit- Co-operating Directorates and extension sections- DAFF- Resource conservation / Landcare- Local government- Co-operating NGOs- DEA (ad hoc)- SANBI (ad hoc)

Other departmental functions:

The conservation agency should supply the following when necessary:- Legal services- Ecologists- Protected area managers- Scientists

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Institutional arrangementso Designated Conservation Agency

Conservation Agency must be supported by a dedicated biodiversity stewardship unit, in co-ordinating the implementation of the proposed programme with key staff in the relevant agency.

A stewardship task team should be established which consists of the relevant managers from other provincial directorates and departments, local government, district officers, extension staff, national government (DEA/BSSA/SANBI) on an ad hoc basis and co-operating NGOs. This task team aids the biodiversity stewardship unit by sharing resources and information, and provides input for decision making regarding proposed stewardship sites. The review panel that makes the final decision on stewardship sites may be formed from this task team.

Procedural frameworko Development of the relevant tools and procedures for biodiversity stewardship to

be effectively implemented within the province. Legal framework

o Development of sound legal documents, based on the relevant national or provincial legislation. Where possible, a dedicated legal advisor should be assigned to oversee biodiversity stewardship contracts.

o Clear understanding of the legal procedures and costs involved in stewardship, including an established protocol with regards to legal implementation and proclamation of private nature reserves (including the role of the MEC in signing these into being).

Expertise – of relevant internal and external staff and other agencies, so that they can ensure appropriate commitment.

Capacity building programme to ensure the availability of the above-mentioned skills and expertise requirements.

Develop and implement a realistic incentives framework. Ensure budget for biodiversity stewardship is allocated proportionately. Strategic Implementation Plan, on how best to apply the biodiversity stewardship

categories to the various biodiversity priority areas across the province. This includes a Spatial Plan depicting:o the biodiversity priority areas in relation to the cadastres of the province, o the level of agreement needed to secure each biodiversity priority area, in its

context (be flexible in applying model on a case by case basis). Clear communications strategy required (internal and external) – to ensure

awareness.

4 Stewardship Procedural Framework

The process required for making the biodiversity stewardship concept a reality involves identifying biodiversity stewardship priority areas through systematic biodiversity planning, undertaking site assessment and classification, and applying stewardship categories and options. It will also be necessary to develop a capacity building and communications strategy, as well as a process for monitoring and evaluation (of both biodiversity and management effectiveness).

4.1 Biodiversity Stewardship Priority Areas

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The development of biodiversity stewardship agreements, and the ongoing management, monitoring and evaluation of these agreements has significant resource and cost implications for conservation agencies. Further, where fiscal and rates incentives are accessed via a biodiversity stewardship agreement there are cost implications for the state in terms of forgone income. It is therefore critical to focus biodiversity stewardship on the most important biodiversity areas in order to efficiently conserve national, provincial and local priority areas.

4.1.1National biodiversity Priority Areas

South Africa has set national quantitative biodiversity thresholds3 to determine which areas of the landscape and seascape are most important for conserving a representative sample of biodiversity pattern (ecosystems and species) and for keeping key ecological processes intact.

Subsequent spatial prioritisation exercises have resulted in two complementary designations of national conservation priority areas:

o Threatened Ecosystems have been listed under the provisions of NEMBA. This listing focuses on ecosystems that have been heavily transformed and fragmented, or contain large numbers of endangered species.

o The National Protected Areas Expansion Strategy (NPAES), linked to the objectives of NEMPAA, set protected area targets which are a subset of the national biodiversity thresholds. These action targets that indicate how much of each ecosystem needs to be included in protected areas, and guide protected area expansion to focus on ecosystems that are least protected. The NPAES spatially identified areas which most efficiently contribute to meeting these targets.

Together, these two projects identify areas that can be seen as national conservation priorities, and should be the focus of biodiversity stewardship activity. It is important to note that the specific areas identified would be significantly modified in areas where finer scale (provincial and local) planning exercises have been undertaken.

4.1.2Provincial and local biodiversity priority areas

The underlying national biodiversity thresholds have been applied within finer scale systematic biodiversity planning exercises at a provincial (e.g. KwaZulu Natal, Gauteng, and Eastern Cape) and local scale (e.g. the Western Cape Finescale Conservation Plans). These allow for a more refined identification of the areas that would best contribute to meeting the overall national biodiversity thresholds. It is important to understand that these areas are not lower priority than nationally identified priority areas, but rather represent a finer scale identification of these areas. The finescale biodiversity plans typically produce a map showing Critical Biodiversity Areas and Ecological Support Areas4, which would eventually form the basis for a published Bioregional Plan.

The systematically identified spatial biodiversity priority areas (which at their finest scale and most formalised would be the identified Critical Biodiversity Areas within a published Bioregional plan) should form the focus for biodiversity stewardship implementation.

The role of local authorities in conservation, especially in providing corridors through larger towns and metropolitan areas is critical. Natural areas here does not necessarily have critical biodiversity present, but generally play an increasingly important role in 3 The thresholds are detailed within the National Spatial Biodiversity Assessment (NSBA).4 See Guidelines for Publishing a Bioregional Plan.

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ecosystem services, as the environment is impacted and fragmented more and more by development. Local authority nature reserve applications therefore need to be evaluated slightly different from those in rural issues, to properly reflect the different roles that these areas can play in conservation. Local authority nature reserves also place a smaller burden on provincial authorities than private nature reserves, as they require fewer incentives to become operational.

4.1.3Prioritising biodiversity stewardship implementation within biodiversity priority areas

The systematically identified biodiversity priority areas represent the areas that the environmental sector should ensure is protected using an appropriate conservation mechanism. Although biodiversity stewardship is an important mechanism, it is not the only one, and in particular circumstances other mechanisms such as land use planning controls or even land purchases may be more effective or cost efficient. Further, even in the areas where biodiversity stewardship would be the most appropriate mechanism, it is likely that that number of properties will far exceed the available resources. Therefore it is necessary to prioritise biodiversity stewardship implementation within the identified biodiversity priority areas. This implementation prioritisation is likely to be a scoring process that takes into account issues like biodiversity value, existing conservation initiatives, property size, proximity to existing reserves and threat of development. This exercise will produce either a map or list of priority properties for biodiversity stewardship.

Figure 4.1: Criteria for identifying stewardship priority sites.

4.2 Implementation Procedure

NationalUse the NBSAP, NSBA & PAES to identify national

biodiversity priority areas

ProvincialUse spatial biodiversity conservation plans to identify critical biodiversity

areas within the province

LocalUse finescale planning, site assessment & land

owner willingness in priority areas to achieve stewardship

goals

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The procedure for implementing biodiversity stewardship involves five main sequential phases that need to be followed (as described by the table below).

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Table 4.1: Biodiversity Stewardship implementation procedure

PHASE NAME DESCRIPTION

Pre –Implementation Preparation

Spatial identification of biodiversity stewardship priority sites

Use Threatened Ecosystems listing and NPAES to identify national biodiversity priority areas.

Where available use finer scale provincial systematic biodiversity plan, provincial PA expansion plans, or bioregional plans rather than nationally identified priorities

Establish criteria for prioritising biodiversity stewardship implementation within the identified biodiversity priority areas.

Prioritise properties against these criteria and produce a map or list of priority stewardship sites.

PHASE 1Initiation of landowner/user interactions

Identify priority sites from the map or list of priority stewardship sites.

Conduct initial socio-economic institutional scan of the landowner/group.

Prepare for the initial visit, introduce and explain the stewardship options to the landowner/group.

Request a biodiversity assessment and socio-economic institutional assessment if necessary.

PHASE 2Biodiversity assessment and socio-economic/institutional

Perform a biodiversity assessment (desktop and field) of the property

Perform a socio-economic/institutional assessment

Present findings to a peer review committee (Review Panel)

Give feedback to the landowner and agree on the category allocation

PHASE 3a

Contract negotiation and draft management plan development (with landowner)

Prepare for negotiations using findings from the Biodiversity Assessment

Draft initial contract agreement Identify what socio-economic issues will be

addressed and how Consult legal expertise and finalise all the

legal documents. Negotiate the content of the Management

and Zonation Plan.PHASE 3b Site approvals and

cost analysis Obtain conservation agency approvals

through the relevant approval procedures. Negotiate the content of the management

plan with the landowner Conduct initial public participation with

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stakeholders

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PHASE 4 MEC submission and formal proclamation

Submit all relevant documentation and information to the MEC for approval (only for Nature Reserve and Protected Environment categories)

Advertise proposed declarations Finalize declaration in Government Gazette.

PHASE 5Provide support to protected area and annual audit

Conduct audit based on management activities in plan

Provide follow-up support and monitoring Identify what ongoing socio-economic

development support will be provided and how

4.2.1PHASE 1 – Initiation of landowner/user interactions

Before engaging with landowners/users, it is imperative to understand the social dynamics that exist in order to tailor the approach to use appropriately. Dealing with individual landowners is often simpler as negotiations take place with one decision maker (or a small family) who are usually skilled and may have higher education and established communication infrastructures (telephones, internet, etc.). Dealing with groups of people tends to be more intricate as the decision making processes are often complex, which can be exacerbated when the group is poor or less educated, and lack communication infrastructure. In order for a stewardship facilitator to be well prepared for the first visit, various pre-site visit activities should be carried out which may differ according to the group size and complexity.

A. Preparing for the initial visit

Before visiting the landowner the stewardship facilitator needs to research: The principles & policies of the organization or initiative being represented. The physical environment of the property including vegetation types, climatic

conditions, geology and general conservation priority based on systematic conservation plans for the area. The site should be located in a biodiversity priority area.

Background and records of previous encounters with nature conservation agencies and whether any permits or authorizations have been granted or denied.

Information from the Department of Agriculture, Forestry and Fisheries relating to the agricultural potential of the area, type of farming system, past & current land use, location and extent of arable areas.

Institutional factors – What other government departments are active in the area and who are the extension personnel and sales reps from the private sector e.g. fertilizer and agro-chemical firms. What partnership opportunities exist?

B. Checklist for Landowner Meetings:

Map of the farm and of the area for referral during the conversation - bringing out a map to refer to the extent of the property, boundaries and neighbours can be one of the best ways to get conversation going on an initial visit.

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All relevant brochures and information available on a number of conservation topics to issue the landowners/users as their “Info Pack”.

Field guides for a walk through the natural area to identify species. Photographs of any flora and fauna pictures taken in the area to stimulate

interest. Site Assessment Form. Pro formas of the legal agreements. This should be made available in case the

landowners/users want to peruse the contracts up front in the beginning stages of negotiations.

C. Social structure, attitude and needs assessment

Assessing landowner/user attitudes

Conservation stewardship can only function if some of the goals of the landowners/users coincide with those of the conservation agency. It is therefore imperative to understand the social structure of the potential landowners/users and to assess the primary need(s) of the landowners/users, as this will determine how the conservation message can best be tailored to fulfil such needs, or whether stewardship is even a viable option. There is no recipe for success but the attempt needs to be made to create a learning environment where all concerned, landowners/users and stewardship facilitator, come to terms with their conservation problems and needs.

It is often useful to directly ask landowners/users what they think and feel about conservation in general and the ecosystems on their farm. This can reveal many clues about their values, worldviews, why they act in certain ways, and the obstacles that would need to be addressed in order to change their attitudes so that they favour conservation. Attitudes towards conservation can be affected by:

a. knowledge and awareness levels, b. personal interest in conservation,c. perceived value of biodiversity,d. perceptions regarding their conservation agency ande. willingness to conserve.

Therefore it is useful to consider all five dimensions when investigating landowner/user attitudes. It is important to remember that a need, when carefully considered, is nothing more than a perception that a void exists between the present situation and one that is believed to be more desirable.

By conducting a needs analysis the following should be achieved:

i) An understanding as to the specific extension support required by a particular landowner/group.

ii) An indication of the match between landowner/group needs and what the conservation agency is able to give them, e.g. a suite of conservation incentives available.

iii) A clear indication of individual needs and those needs shared by the broader community. This may identify target groups to simplify follow-up extension support (‘target groups’ are groups of landowners that have a number of similarities in common, such as needs, farming systems & ideologies).

iv) Needs may be ordered according to priority enabling the most relevant ones to be dealt with first (making the most efficient use of resources.

Assessing individual landowners

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Individual landowners are well aware of their own needs and requirements and are best placed to provide information on the current local needs as well as the problems experienced with previous extension efforts. When dealing with one decision maker, it is a relatively easy exercise to gain an understanding of needs by prompting them with a few questions. The questioning should not be restricted to biodiversity related issues only but should attempt to discover the broader socio-economic and agricultural issues involved as they invariably impact on the management of biodiversity on the property and across the landscape.

Assessing groups/communities

A continuum of complexity exists in groups, from relatively simple family trusts, to complex land reform restitution cases (may involve thousands of households). Therefore, the socio-economic institutional assessment of the group should be tailored for the specific group being assessed. Extra care should be taken to ensure that the rights of individuals and different user groups within the broader group are respected. When dealing with land reform cases, it is advisable to make contact with all relevant government departments to know where they are in the process and establish useful working relationships (see section 6 for reference to current land reform and stewardship initiatives). Making contact with NGOs or private sector partners supporting the land reform group is also recommended because they will have a good sense of the social dynamics involved.

An initial socio-economic institutional scan of the group should be conducted to determine the structures, needs and attitudes within the group. Depending on the complexity of the group, the conservation agency may be able to conduct the initial scan or it may be required that a specialist in socio-economics completes the task. The outcome will determine whether biodiversity stewardship is a viable option for the site, as it may happen that the social dynamic are too complex for stewardship to continue. If it is viable, an understanding of the best way to present stewardship so that it will achieve the conservation goals of the agency, as well as fulfil the group needs, will be gained.

The following issues should be addressed in an initial scan:

1) The group should have a sufficient level of organisation and leadership. In particular there needs to be a legal entity (or processes in place to set one up) that can sign the biodiversity stewardship agreement and appoint a management authority.

2) The group must show an interest in the concept of biodiversity stewardship and a sufficient willingness to commit to voluntary agreements. The group may be suspicious of signing agreements with conservation agencies due to previous experiences.

3) The group should not experience severe levels of conflict. It is acknowledged that many groups experience disputes, but these must be addressable and not of such a scale that they could make it very difficult to secure a stewardship agreement.

4) The project should have sufficient opportunities to create viable livelihoods for the group, and biodiversity stewardship through its incentives, should be able to make an appropriate contribution to this. A brief socio-economic profile of the group should be developed to inform this. This profile will identify who the user groups are; provide a simplified overview of the dominant economics and explain land uses.

5) There should preferably be additional organisations that are in a position to support the project (e.g. NGOs - social/conservation, private sector partners, etc.)

Methodologies and tools for a rapid socio-economic institutional assessment:

Desktop analysis (study of existing information and literature from key stakeholders – in land reform cases include the contract file)

Stakeholder interviews (semi-structured interviews or questionnaires)

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Participator rural appraisal (PRA) techniques (include historic timelines, seasonal calendars, daily activity charts, venn diagrams, transect walks, community mapping, needs analysis using goal ranking and pairwise ranking, institutional study)

Institutional and relation mapping Targeted behaviour survey (questionnaire based)

Feasibility assessment for multiple sites at landscape level

In some situations the process towards the establishment of biodiversity stewardship agreements may undertaken for a larger geographic area that has been identified as being of high biodiversity priority. In this instance, a feasibility assessment for a number of sites may be conducted simultaneously. Typically a feasibility assessment will contain the following key elements:

Individual site biodiversity assessments (as per appendix A). Socio-economic assessments done for individuals and groups. Stakeholder and institutional assessment providing an understanding of whether

holistic management practices can be dealt with as a group or will be dealt with in individual management plans.

Creation of an integrated map reflecting the outcomes of the individual biodiversity assessments coupled with socio-economic information, which indicates the preferable biodiversity stewardship categories.

Some experiences can be drawn from Conservation International (CI) and the Northern Cape Department of Tourism, Environment and Conservation (DTEC) in the Kamiesburg region (Northern Cape) and the Aghulas Biodiversity Initiative (Western Cape).

D. Introducing the landowner to biodiversity stewardship options

When it is ascertained that the landowner/user is ready to hear about the options available for conservation stewardship on their property, it is recommended that a professionally produced pamphlet is used to talk from, and left behind after the visit.

The landowner/user should be introduced to a brief outline of the background that has led to the existence of a biodiversity stewardship programme, e.g. the limitations of previous designations such as Private Nature Reserves and conservancies and why there is a need for new options with greater legal security.

Depending on what vegetation types occur in the area, awareness should be raised about any threatened vegetation types that might be found in their area or on the site. Spending time discussing the value of the natural habitat on their property and any other interesting features or ecological processes could make the landowner/user more willing to conserve what they own. The importance of individual fragments and the part they play in the bigger picture should be stressed.

If working in a delineated area (e.g. pilot area or priority region from conservation plan), how and why the area was chosen for conservation action should be explained. It is important for the landowner/user to realise why focusing on priorities is important, and why it is not for every single piece of natural vegetation or old lands to be under stringent conservation status. The role of different conservation agencies working in the same area should be clarified.

Any limitations that the organisation may face in terms of capacity and resources must be fully explained in order to give them a realistic picture of the status quo. There should be no promises of a level of service or assistance that will not be possible to deliver on.

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The landowner/user should be made aware of the importance of thinking long-term and ensuring any area remains conserved beyond their lifetime. As well as the possible danger that may exist should they want to sell the property one day, namely, all the time and money invested in conservation could be wasted if the new owner decides to change land use and develop the conserved area, or even just neglects it. In this way, the landowner can be convinced of the usefulness of putting restrictions on the title deeds.

Landowner fears should be addressed upfront (such as future government expropriation or political instability). Although their fears must be acknowledged, it is important to stress that stewardship is by no means a land expropriation strategy. Ownership rights will not have to be ceded to the conservancy agency and that they can retain all their normal landowner rights.

It is important to ensure that an “incentives expectation” is not created, but rather a “stewardship mindset” is instilled. It is advisable not to even mention incentives unless directly asked about whether any incentives or assistance is available.

The explanations about each stewardship option should be kept simple and one option should not be promoted above the rest by explaining the pro’s and con’s of each in a non-biased manner. Placing emphasis on one option over the rest could raise expectations and then lead to later disappointment when the property does not qualify for that status (e.g. it should not seem like Nature Reserve status is the only option worth aspiring too, and that if a site does not qualify for that, the property is second best).

It should be noted that any option can apply to a portion of the property or the entire property. Furthermore, a property can include all three stewardship options on one farm, depending on the biodiversity value of the different areas.

The voluntary nature of all the stewardship options should be highlighted and that the contract conditions can be tailored to a landowner’s individual needs. In this regard, the negotiation process around what the landowner and agency will do or provide is flexible.

If the landowner is interested in exploring the options with legal status, it must be made clear that the land will have to meet certain criteria and that the next step would be to conduct a site assessment for biodiversity value. Only once the outcome of the site assessment has been reviewed and made known to the landowner, can a final decision be made on which option to pursue.

It should be explained who will be negotiating the contract and that a stewardship facilitator/officer does not have the mandate to sign the contract, rather they play a facilitating role between the landowner, the conservation agency and any legal expertise that is required.

It must be remembered that the biodiversity stewardship programme is a relatively new one, and that patience is a prerequisite while certain wrinkles are still being ironed out and systems made more efficient.

Contact details should be left with the relevant contact person on site, so that they may have time to digest the information and allowing them to make contact when they are ready to discuss further or arrange for a site assessment to be done.

Golden rules: Do not make promises that cannot be fulfilled. Be open, honest and transparent with regards to all aspects of the biodiversity

stewardship options, especially regarding the legal contracts and restrictions. Do not pressurise the landowner to make a quick decision about which

stewardship option they want to explore – go at their pace.

4.2.2PHASE 2 – Biodiversity and socio-economic institutional assessments

A. Biodiversity Assessment

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Stewardship agreements (especially at Nature Reserve level) represent commitments to landowners in terms of provincial resources. Due to the limited nature of such resources, there is a ceiling on the number of sites that can be serviced at the programme’s higher levels. For this reason, we should limit qualification for Nature Reserve status to the province’s absolute biodiversity priorities.

A site assessment is therefore conducted to determine the biodiversity value of each proposed stewardship site. The site assessment consists of two components: a Desktop Assessment and a Field Assessment. The Desktop Assessment involves an analysis of spatial information from the Bioregional Conservation Plan, provincial database and other sources (e.g. aerial photography, etc.). The Field Assessment is a ground-truthing exercise that involves verification of the results of the Desktop Assessment and capturing of any new information.

The overall objectives of the Site Assessment are to:1. Determine the biodiversity value of the proposed stewardship area 2. Determine land-use pressures and threats to the proposed stewardship area3. Determine whether the proposed stewardship area warrants incorporation into

the Biodiversity Stewardship Programme4. Establish the preferred stewardship category5. Begin the process of developing a management plan for the proposed

stewardship area 6. Establish a baseline for evaluation of management effectiveness

The team involved in the Field Assessment normally consists of the Stewardship Facilitator, other relevant conservation agency staff, such as ecologists (or equivalent – different provinces have different titles for these members of staff), the conservation officer (or equivalent), DAFF staff, the landowner and any additional specialists, which may include NGOs.

The Biodiversity Assessment form is presented under Appendix A.

The results of the Site Assessment are then summarised and then presented to the relevant internal stewardship task team review panel where a decision is taken on the sites’ qualifying category. The review panel should sit at least every two months to ensure efficiency. The review panel should use a detailed selection criteria framework to support their decision-making (see Appendix B).

The review panel then recommends a specific stewardship category for the property / area in question, and may include any recommendations or restrictions on activities or zonation, information which the stewardship facilitator uses in the development of the agreements and management plan.

B. Socio-economic Institutional Assessment (multiple landowners)

Once the biodiversity assessment and initial socio-economic institutional scan of a group has indicated that biodiversity stewardship may be a viable option, a detailed assessment must be conducted. This should preferably be done by socio-economic specialist and should include (but not be limited to) the following assessments:

Economic and livelihoods assessment Behaviour mapping Social dynamics Institutional arrangements Opportunity costs analysis

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The result of this assessment will enable the biodiversity stewardship facilitator to understand the group dynamics and institutional structures present, and thus how best to tailor the stewardship agreements in order for the project to be successful.

C. Review panel and category recommendation

The results of the biodiversity and socio-economic institutional assessments are then summarised and presented to the relevant internal biodiversity stewardship task team review panel where a decision is taken on the sites’ qualifying category. The review panel should sit at least every two months to ensure efficiency. The review panel should use a detailed selection criteria framework to support their decision-making (see Appendix B).

The review panel then recommends a specific stewardship category for the property / area in question, and may include any recommendations or restrictions on activities or zonation, information which the stewardship facilitator uses in the development of the agreements and management plan.

D. Providing feedback to the landowner

Each extension officer is then responsible for communicating the outcomes of the review process to the landowner/group. It is important to explain how the decision was arrived at (i.e. the site assessment form and review process) to ensure decisions made are defensible as they are based primarily on the biodiversity value of the property with input from regional ecologists). This will hopefully allay fears that the decision was swayed by personal or political influences.

At this point, the landowner/group has the option of accepting the suggested status and moving forward with negotiations or opting for a less stringent option, as they are under no compulsion to enter a stewardship arrangement. There could therefore be a difference between the desired status (e.g. Nature Reserve) and the actual status (e.g. Biodiversity Agreement). It must be remembered that all biodiversity stewardship options are entered into purely on a voluntary basis.

It is very important to get the landowner/group’s agreement to a specific category in writing, and keep this letter on file for future record.

4.2.3PHASE 3a – Contract negotiation and draft management plan development

A. Preparing for the negotiation process

Negotiation can be defined as a process of interaction between two parties and creation of alternatives in a spirit of co-operative egotism based on common interests (adapted from the Concise English Oxford dictionary). Negotiation may be less about compromise and more about a combined search for a creative solution – the good negotiator enters a negotiation with a number of creative alternatives in mind and moves from one to the next until an agreement is reached that is mutually acceptable. In order to reach agreement, each party must move away from their own expectation base and ideals, to an alternative. Flexibility is required to ensure successful negotiation. Alternatively, concessions on both sides might proceed to the point where it is no longer valuable for either party.

The following points should be considered when attending negotiation meetings:

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It is important to listen to what the landowner has to say. By encouraging landowners to speak and express their feelings, misgivings, grievances etc., an understanding as to where the landowner is coming from and what stumbling blocks there may be to gaining their trust, can be established. Past history may play a role in landowner attitudes, and thus a thorough understanding of this history will be advantageous.

A negotiator should make good judgement calls with regards to what information to share with landowners and what to keep.

The landowner needs to be aware of who makes the final decisions in the negotiation process and the way forward after the initial meeting.

All relevant contact details should be given to the landowner for future reference. It is imperative to understand what incentives are available to be negotiated with,

as well as the cost of concessions on both sides (landowner/conservation agency). The minutes of meeting should be captured in writing and distributed to the

landowner to obtain agreement on the content and the way forward. Informal discussions should be recorded, however, cognisance should be taken

regarding sensitive or confidential information. It may be necessary to report on sensitive issues verbally instead of electronically.

Ideally, the landowner should feel that they have done a good deal when negotiations are complete.

Patience and understanding should be exercised during negotiations. Negotiation is not a fast process, and arriving at a mutually satisfactory outcome may take time.

Professionalism is required at all times. As such, emotions should be kept out of negotiations as far as possible, even if allegations are levelled at the organisation or colleagues that the negotiator is affiliated with.

Landowners should be given time to consider proposals, and terms and conditions in their own time.

A negotiator must remain within their mandate to avoid creating false expectations. Furthermore, realism needs to be exercised with regards to promises or commitments offered.

It may be advisable to only indicate certain non-statutory incentives when the landowner expresses the need for that particular form of assistance, which could become a deal breaker. This will ensure incentives remain attractive as they are not easily handed over.

B. Negotiating and drafting the contract agreement

A Stewardship conservation extension officer’s main role in the negotiation process is to act as the contact person between the landowner, the conservation agency and any legal expertise that is used. In some instances and where resources are available, a professional land negotiator could be employed to negotiate and finalise the legal agreement, while the extension officer’s involvement is limited to explaining the stewardship options to the landowner, drawing up the Management Plan and auditing it afterwards. However, the extension officer is the one who gets to grips with the details of the property and has built trust and credibility with the landowner. Therefore it is advisable for them to continue with negotiations, unless a third party is needed to resolve a deadlock or conflict situation.

C. Pro forma legal contracts

Pro formas (i.e. templates) of the legal contracts and documents have been developed for the Stewardship Programme so that all stewardship contracts have a consistent structure. The standard pro forma contracts have been approved by the national state law advisors, and any more stringent additions a province wishes to include need to be approved by the provincial legal section. Use of a template also reduces legal costs for drawing up an agreement from scratch for each landowner. The pro forma contracts,

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which will be tailored to suite each stewardship agreement entered into, are presented in Appendix C.

A good place to start with negotiation and drafting a contract is to leave a copy of the pro forma with the landowner, and allow them time to familiarize themselves with the content and mark any sections that they would like to query or change. Not all the provisions in the contract are cast in stone and that leaves room for negotiation, however some sections are inflexible legal requirements. The extension officer should highlight the issues of particular concern to the relevant area under negotiation, by highlighting them on the pro forma which the landowner receives.

There are six main sections in the pro forma of both the Nature Reserve / Protected Environment and Biodiversity Management Agreement stewardship agreements, which need to be negotiated uniquely for each property. These include:

1. Management objectives – these need to be developed for the property / protected area, as these determine the management programmes, and basis for monitoring and auditing.

2. Restrictions - These are referred to as “Obligations of the landowner in respect of the property” in the pro forma and detail what activities are not permitted in the conserved area (e.g. no development, no destruction of any indigenous species, no dumping or waste etc.) Most of these restrictions have some basis in other legislation such as the Protected Areas Act, 2003 or the Biodiversity Act, 2004. A number of these restrictions might require more explanation.

3. Rights of the landowner – the landowner should always be entitled to all rights of ownership over the conserved area and access to the conserved area (by landowner, family and permitted friends). However additional rights such as access to a neighbouring provincial reserve would have to be negotiated and then included.

4. Obligations of the conservation agency – these obligations can include aspects such as: compliance with terms and conditions that refer to the conservation agency in the Management Plan; supervision and technical support; notification of access and notifying the landowner’s eligibility for exemption from any other levies, duties or taxes. Other obligations could be negotiated.

5. Rights of the conservation agency – could include access for research and access to ensure compliance with the agreement and management plan. Items to negotiate on a case by case basis would be any rights of the agency to run educational tours through the area.

6. Conservation Costs – the allocation of costs must be agreed on between the landowner and the conservation agency and will largely be determined by the respective objectives prescribed for each party in terms of the “Management objectives” section of the agreement.

D. Consulting legal expertise

In order to save time and expense, it is recommended that the extension officer fills in any changes to the pro forma or additional provisions which the landowner would like, in simple English. Then the contract can be sent to the conservation agency’s internal legal services to ensure all statements are written in acceptable legal jargon.

Landowners are fully entitled to consult their own lawyers or attorneys so that they can be rest assured that the contract wording is legally sound and cover their interests.

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E. Finalising all legal documentation

i) Documents to be signed for Nature Reserves or Protected Environments

There are 2 documents (excluding the management plan) that must be signed in order to declare a property (or portion thereof) as a Nature Reserve or Protected Environment. These include:

1. Notarial Agreement (this is not required for a Protected Environment as per NEM:PAA but is suggested for stewardship sites)This document is in the form of a power of attorney, which includes the agreement to declare a Nature Reserve or Protected environment and notarises (i.e. publicly recognises) the restrictions to the title deed of the property, which binds all subsequent owners of the property for the length of the contract. In addition, this agreement also assigns the Management Authority. This contract must be signed by the Minister or MEC, the landowner and the conservation agency. Furthermore, the contract must be executed by a Notary Public whereafter it is lodged at the Deeds Office for registration thereof against the title deed of the property.

2. Protected Area Management Agreement – this is the actual contract which details the relationship between the conservation agency and the management authority.

The third document that must accompany the management agreement is the actual Management Plan for the site, which is regularly cross-referenced by the notarial agreement and management agreement.

ii) The legal framework for contractual Biodiversity Management Agreements:

Biodiversity Management Agreements have legal status by virtue that they are legal contracts entered into in terms of NEMBA. Restrictions are not placed on the title deeds. Security is provided for the land in that should the landowner or agency not adhere to any of the terms in the contract or the Management Plan, then the other party can be prosecuted for breach of contract and may take any necessary measures to remedy the breach and recover costs and any damages from the offending party. Furthermore, the fiscal incentives offered through treasury may also be reclaimed as per the Revenue Laws Amendment Act (Act 60 of 2008).

The biodiversity management agreement in terms of the Act, is intended to formalise the emerging relationships between government and landowners and communities, but remains an adaptable and flexible option. This pro forma contract document is shown in Appendix C.

iii) Conservation Area registration

If the review panel and landowner agree on the “Conservation Area” option, then the site is registered as such. The registration process requires the completion of an application form by the landowner and conservation authority. It should be kept in mind that in order for the site to qualify it should ideally:

Retain the essence of its natural character. Be clear of alien species (plant or animal), or at least have a programme in place to

control them. Have a rehabilitation programme in place if necessary.

The conservation area application form is presented in Appendix D.

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4.2.4PHASE 3b – Site approval and cost analysis

i) Conservation agency approval process

All stewardship agreements have implications for the conservation agency, including staff time, expertise, and budgetary. Therefore, it is important to obtain the support and approval of each of these sites, to ensure that:

Staff are allocated the time to support these sites; That appropriate budgets are allocated to allow staff to put time into sites; That sites contribute to the regional and provincial targets.

Each site (contracts and management plans) must therefore be subject to the conservation agency’s standard approval procedures.

ii) Determining management objectives and calculating management costs

Management objectives -Once agreement has been reached with the landowner about which stewardship option to pursue, it is important to determine the key management objectives for the property as all subsequent negotiations, cost calculations and Management Plan aspects will centre on these. Generally, the key management objectives will be those issues of greatest threat to the integrity of the biodiversity on the property (e.g. alien invasion, fire control, erosion, overgrazing). The most fundamental management objectives (4-5) should be agreed upon, as these will form the framework for the Management Plan, with the finer details to be left for subsequent negotiation. This enables focus to be given to the key issues and a prioritisation of resources accordingly. The objectives must be clear and unambiguous and should include which party is responsible for achieving them, targets and time periods within which these objectives must be achieved (where possible). A section is available in the legal contract for Nature Reserves / Protected Environments and Biodiversity Management Agreements where the management objectives must be recorded, in that both parties must agree to what these key objectives are. It is suggested that a meeting is arranged with the landowner specifically to determine the management objectives. The negotiator should record the objectives in writing and send back to the landowner afterwards to ensure mutual agreement.

Some examples of management objectives are provided below: “Alien and invasive species will be controlled, and eradicated where possible,

according to the schedule contained in the management plan.” “Livestock will only be allowed access to the conservation area for specific times (as

set out in the management plan) and in numbers permissible in terms of the management plan.”

Management costs -Before either the landowner or the conservation agency commits to undertaking certain management tasks or offering certain assistance, and before the contract is signed, an idea of the magnitude of the cost burden needs to be ascertained. The task of the stewardship facilitator is then to determine the cost of specific management actions that have been identified as possible incentives or deal-breakers. It would be too time-consuming to calculate all management costs – rather, just the key interventions that the conservation agency might get involved in, such as alien clearing or implementing fire breaks. Once costs are calculated, negotiations can commence around what percentage of the costs will be carried by the conservation body and how much the landowner will cover. It would be beneficial for each provincial agency to develop a spreadsheet of standard management costs (e.g. fire breaks per km, alien plant clearing per hectare, fence costs per km, etc.), which can then be updated regularly as costs increase. This can be used to “estimate” management costs for each site.

It is important to remember that the conservation agency may not be the sole option for funding, and it may therefore be required to form partnerships with other departments

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which may have the means (e.g. DAFF offer fencing subsidies for certain management interventions). Should the conservation agency’s resources be limited, the stewardship facilitator should concentrate on delivering the most important management tool, which is their expertise, experience and advice on how these tasks should be carried out.

iii) Development of a management and zonation plan

The main objective of the Biodiversity Stewardship Programme is to secure formal conservation as a land use on private and communal land. In order for this to be achieved, any land entering a stewardship agreement would need to have a management plan developed for that site to guide the effective management of the site, apart from the legal requirement according to the NEM: Protected Areas Act (as indicated below).

The development of management plans for stewardship agreements are important for several reasons:

The conservation agency and landowner agree on management objectives; These are captured in contracts (Nature Reserve, Protected Environments &

Biodiversity Management Agreements); Management Plans provide a framework for meeting objectives and assigning

responsibility; Required in terms of NEM: Protected Areas Act; Provision for the Management Plan to be reviewed & adapted annually; Management Objectives reviewed every 5 years.

NEMPAA requires that a management plan must contain at least —

(a) the terms and conditions of any applicable biodiversity management plan;(b) a co-ordinated policy framework;(c) such planning measures, controls and performance criteria as may be prescribed;(d) a programme for the implementation of the plan and its costing;(e) procedures for public participation, including participation by the owner (if applicable), any local community or other interested party;(f) where appropriate, the implementation of community-based natural resource management; and(g) a zoning of the area indicating what activities may take place in different sections of the area, and the conservation objectives of those sections.

The Biodiversity Stewardship Management Plan format has the following key principles - Succinct – specific intervention focused Clear objectives, related to the Contract agreement Summary of qualifying site assessment criteria to indicate the conservation

significance of the site, and a clear link to the site assessment form S.M.A.R.T. (Specific Measurable Action Result & Timebound schedules) for each

management objective or identified project (e.g. alien clearing, fire management, soil erosion control)

Cash flow predictions for any Annual Plans of Operation (Part B) and costs per intervention if available

Summary of management actions in beginning of plan (What, By Who, By When) Indication of management priorities (perhaps by listing and addressing

management issues in order of priority) Explicit Policy framework and restrictions (relevant national and provincial

legislation) that clarify a landowners restrictions and obligations in law Explicit restrictions and obligations from the legal agreement Tables of responsibility, indicating costs for agency and landowner Basic indicators to determine if objectives have been met and a monitoring

process to verify these

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Location of audit points or processes (e.g. make use of fixed point photo sites that landowner can help manage)

Threat analysis and response protocol (including significance, severity and likelihood of occurrence) to remind a landowner or stewardship team to be vigilant

The Pro forma Management Plan with further discussions on each necessary item is presented in Appendix E.

Zonation plan -In order to ensure that the purpose for establishing the protected area is upheld, the area needs to have a zonation plan according to the province within which it resides. The zonation plan ensures that appropriate activities are undertaken within the protected area and these do not conflict with the purpose for its establishment.

4.2.5PHASE 4 - MEC submission and formal declaration

UNDERSTANDING THE PROCESS OF DECLARING A PROTECTED AREA

A. After all negotiations have been completed, the landowner/user signs the notarial deed and power of attorney with the original SG diagram and an accurate sketch of the proposed protected area boundary including approximate hectarage. The process to obtain approved SG diagrams should commence at this stage.

B. A memo should be sent to the MEC requesting permission to continue with public participation and consultation for one or more sites. Once the MEC agrees in writing, the public participation process can commence. This process must be in terms of S33 of NEM:PA (Act 57 of 2003) and at this stage includes:

The publication of a “notice to declare” in the government gazette and two national newspapers more than one language (with reference to the provincial gazette notice.

Consultation with all government departments (national/provincial/local), stakeholders and interested and affected parties, including neighbours, any lawful occupiers of the land and anyone holding rights on the land (e.g. Eskom, Telkom, prospecting rights, etc.). The consulted parties have a period of 60 days in which to respond.

Examples of letters to interested and affected parties are presented in Appendix F.

Consultative Process as extracted from Section 33 of the National Environmental Management: Protected Areas Act 57 of 2003

Public participation -(1) The Minister or the MEC must-

(a) publish the intention to issue a notice contemplated in section 31 or 32, in the Gazette and in at least two national newspapers distributed in the area in which the affected area is situated; and

(b) if it is proposed to declare any private land as a protected environment, send a copy of the proposed notice by registered post to the last known postal address of each owner of land within the area to be declared, and inform in an appropriate manner any other person whose rights in such land may materially and adversely be affected by such declaration.

(2) The publication contemplated in subsection (1) must-(a) invite members of the public and the persons referred to in subsection (1) (b), if

applicable, to submit to the Minister or MEC written representations on or objections to the proposed notice within 60 days from the date of publication in the Gazette; and

(b) contain sufficient information to enable members of the public to submit meaningful

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representations or objections, and must include a clear indication of the area that will be affected by the declaration.

(3) The Minister or MEC may in appropriate circumstances allow any interested person to present oral representations or objections to the Minister or the MEC, or to a person designated by the Minister or MEC, but such representations or objections must be allowed where the proposed notice will affect the rights or interests of a local community.

(4) The Minister or MEC must give due consideration to all representations or objections received or presented before publishing the relevant notice.

C. After the public consultation process is complete and the SG diagram has been approved, the notarial deed, power of attorney, management plan and management agreement is submitted to the MEC, along with any comments/objections that may have been received. On receipt of the applications and recommendation from the conservation agency, the MEC would evaluate public and local authority consultation undertaken, make a decision, and consult with the portfolio committee for additional information.

D. Following a positive decision, the MEC signs the notarial deed, power of attorney and management plan and sends notification to the deeds office. The proclamation notice is then published in the Government Gazette in accordance with Chapter 3 of NEM:PAA (Act 57 of 2003). The date of gazette publication constitutes the date of proclamation for the protected area.

E. The signed notarial deed and power of attorneys are then registered with the Notary public, who presents the notarial deed to the deeds office to register restrictions against the title deeds of the property. The landowner or conservation agency is to cover the cost, depending on what is negotiated.

The process checklist to be completed to ensure all aspects of the process and notary process is presented under Appendix G.

4.2.6PHASE 5 – Provide support to the protected area and perform annual auditing

A. Providing follow-up support

Once the stewardship contract has been signed and the property officially declared, the danger exists that the property will lose attention considering it is now “safe” and under the protection of a contract or title deed restrictions. Conversely, when the contract is signed, the real work should begin! All the commitments made by the agency and landowner now need to be met, and this will only take place if the extension officer is vigilant of management plan progress. It is recommended that the stewardship officer should at least phone the landowner every three to four months, if there has been no contact made for other reasons, simply to see how things are going and keep the landowner motivated.

It must be remembered that a property with a Nature Reserve declaration has the same status as a provincial reserve, and therefore should be maintained and managed with the same dedication. All of the effort put into persuading a landowner to make a stewardship commitment and all the time and money spent in negotiating a contract and drawing up a Management Plan will be completely wasted, if follow-up support is not provided. A fundamental principle of the Stewardship Programme is to establish well managed sites where the biodiversity status is not jeopardised by neglect or bad management a number of years down the line.

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B. Conducting an annual Stewardship Audit

As stipulated in the legal contract, the agency must convene a meeting with the landowner on an annual basis, to formally review progress towards achieving the objectives and actions set out in the Management Plan. This annual meeting is also referred to as the annual audit. The management schedule can be used to check which management actions have been completed and which are outstanding. The findings should be reported back to the landowner and agency, and any adjustments that are necessary should be made to the Management Plan to cater for adaptive management.

5 Stewardship within SANParks

SANParks has initiated a Bioregional Landscape Linkage (BLL) Programme which focuses on the planning and actions required to integrate parks into a matrix of compatible land use in order to buffer parks against climate change and provide for long term persistence of biodiversity within and around parks. SANParks have identified biodiversity stewardship as one of the conservation mechanisms to be utilised to achieve their conservation objectives within the BLL Programme.

SANParks is considered a national conservation authority managing national protected areas (as per section 1 of NEMPAA), and thus fall under the jurisdiction of the Minister (DEA). Therefore, all stewardship agreements (except conservation area agreements) should be signed by SANParks/Minister and proclaimed by the Minister (as per section 20 of NEMPAA). In the case of Biodiversity Management Agreements, the Minister may choose to delegate the signing of agreements responsibility to the CEO of SANParks. All legislation regarding protected areas (NEMPAA) and biodiversity (NEMBA) apply, and stewardship agreements should conform to the national guidelines.

6 Land Reform and Stewardship on Communal Lands

In 2008 stakeholders dealing with biodiversity stewardship and land reform decided to work together to develop a land reform/communal lands biodiversity stewardship initiative. SANBI and the Department of Rural Development and Land Reform (DRDLR), in partnership with provincial conservation agencies, land and conservation NGOs have agreed to work together on this. The following are the objectives of the land reform and biodiversity stewardship demonstration initiative:1. To establish a network of learning and community of practice regarding land reform

and biodiversity stewardship between the land and conservation sectors across the country. Specifically to:a. Create an openness amongst the land sector and conservation sector to

communicate, and learn from each other b. Establish a community of practice amongst the land and conservation sectors

about what works, what doesn’t work, and how to improve our practicec. To establish a network between community members across projects so that

community members are empowered to engage in debates about their future. 2. To demonstrate the successful delivery of both socio-economic and conservation

benefits at a project level. Specifically:a. To develop methodologies and tools that deliver real benefits for conservation

and socio-economic development. These need to include: i) how to work at community level to understand community interests, to develop a joint understanding of the biodiversity stewardship approach with the individuals, group or community at the local level and to avoid the creation of inappropriate expectations; ii) how to identify what socio-economic opportunities are appropriate for different circumstances, and when/how to use the opportunity-cost analysis methodology; iii) how to make a distinction between livelihoods interventions, entrepreneurial development, and private sector driven

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opportunities – and how to identify which opportunities to pursue; iv) how to establish appropriate institutional mechanisms at a project level; v) identifying appropriate incentives for different biodiversity stewardship levels; vi) identifying an appropriate approach (biodiversity stewardship mindset, incentives approach or a combination applicable to the specific circumstances)

b. To develop a land reform biodiversity stewardship manual and/or guidelines5 that aligns with/supplements the existing biodiversity stewardship guidelines and programmes

c. To identify the roles and responsibilities of various government departments (e.g. what is the restitution commission’s/DRDLR’s responsibility, conservation agency’s responsibility compared to that of the municipality or social development department), of civil society organisations and the private sector in land reform and biodiversity stewardship at project level

d. To clarify how such initiatives mesh with and use other related government and non-government programmes at a local level such as the IDPs, the ABPs, and water strategies for an area etc.

To use the experience gained to develop a sustainable land reform biodiversity stewardship programme that can be scaled up.

7 Biodiversity Stewardship Categories

The focus of this chapter is on the hierarchical biodiversity stewardship category system that should be used as a guideline when rolling out a biodiversity stewardship programme. Stewardship options refer to the alternatives available to private landowners that either wish to set land aside for conservation or utilise the land sustainably.

5 Such a document should merely articulate the framework of the land reform/biodiversity stewardship programme. Caution should be applied against developing blueprints for this programme as the beneficiaries of land reform are not homogenous. The different geographical locations have their local-specific dynamics that requires locally-specific approaches and interventions. Even the beneficiaries of land reform have different objectives, which they aim to achieve using different measures.

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Figure 5.1: Stewardship Categories

The four categories (options) function in a building bock manner. A landowner can start at an entry level initially – and, as they become more comfortable with the concept, work their way up towards the highest level (option) over time, if the biodiversity value of their property allows for this. It is, however, not necessary for a landowner to follow the tier approach – and the landowner can immediately subscribe to the highest level of conservation status if the land allows this and he/she requires this.

The categories are detailed in the sections that follow.

7.1 Conservation Area

Table 5.1: Conservation Area defined

Description The Conservation Areas category is an informal, flexible option for landowners and communities who want to conserve biodiversity on their land.

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Inherent attributes/ characteristics

Any natural or semi-natural area can qualify as a Conservation Area. Conservation Areas can consist of single or multiple properties. This option is not recommended for sites that are critically important for the conservation of species, habitats, ecological processes or ecosystem services, unless this is seem as part of a plan to progress to higher conservation security.

This category includes conservancies, Community Conservation Areas and Sites of Conservation Significance.

Legal status No legal status, but the landowner signs an agreement with the conservation agency. The Conservation Area will be registered with the province and will be issued with a certificate. When the property is sold, the new owner is under no obligation to continue the designation.

Contractual arrangements

A signed agreement is entered into between the conservation agency and the landowner.

Duration No defined period. The Conservation Area status is valid for as long as the landowner or community or conservation agency wishes the designation to be valid. Landowners may request in writing that the Conservation Area status of their properties be terminated at any stage and additionally the conservation agency has the right to terminate the status if required. Landowners must provide sixty days notice of their intention to terminate Conservation Area status.

Focal purpose of category

To provide an option to participate in the Biodiversity Stewardship Programme for landowners and communities:1. who have important biodiversity but who are reluctant to enter into

a formalised agreement or to commit to a defined period 2. to take collective action to conserve and manage their combined

properties and to manage common issues

Permissible and non-permissible use & activities

The area should be managed according to a set of management requirements and maintained according to the purpose for which it was declared. There are no legal limitations placed on the landowner or community, but the area should retain its natural character. The landowner or community would still need to comply with all relevant legislation.

Development nodes and restrictions

There are no legal restrictions placed on landowner or community, however effective sustainable management of the site is encouraged. Inappropriate development is grounds for termination of conservation area status. Furthermore, landowners and communities would still need to comply with all relevant legislation

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Potential incentives / benefits

o Provincial recognition.o Professional advice and support from provincial conservation

agency.o Basic habitat management guidelines and best practice advice.o Farm maps can be compiled and printed for the landowner.

Significant habitat management assistance and other costly assistance should rather be given to the options with legal status so that there is an incentive for a landowner to consider a stewardship option with more restrictions and legal security.

7.2 Biodiversity Management Agreement/Biodiversity Agreement

Table 5.2: Biodiversity Management Agreement/Biodiversity Agreement defined

Description Biodiversity Management Agreements or Biodiversity Agreements are negotiated between the conservation authority (on behalf of the MEC) and a landowner/user or community for conserving biodiversity in the medium term. The contract is either in terms of NEMBA (BMAs) or contract law (BAs). This contract is signed between the landowner and the MEC / conservation authority. A BMA will be signed in areas where the Minister has approved and published a Biodiversity Management Plan, otherwise BAs will be signed.


This option is suitable for conservation-worthy land which is in a relatively pristine condition, including small isolated fragments - the site must make an important (but not necessarily essential) contribution to the conservation of key vegetation types, species, ecological processes or ecosystem services. Alien plant infestation does not disqualify a property from receiving this status, provided the densities are such that they can still be managed and the habitat restored. Provisions should be made to ensure that an agreed-upon alien clearing schedule is implemented. Generally, a higher status should be considered for areas with particularly important or sensitive biodiversity.


A legal contract is entered into between the landowner on the one hand, and the conservation agency and MEC on the other.

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Legal status This option does have legal status by virtue of a legal contract entered into between the landowner and the conservation agency. A BMA is recognised in terms of the NEMBA (section 44). The BMA, in terms of the act, is intended to formalise the emerging relationships between government and landowners and communities, in areas where the Minister has approved and published a Biodiversity Management Plan for Ecosystems (BMP-E). A BA is a contract signed between two parties, in this instance between the landowner / user and the MEC and conservation authority, and will include a Management Plan.Security is provided for the land by virtue of a legal agreement and a negotiated management plan. Should a situation arise where a landowner or agency fails to adhere to any of the terms in the contract or the Management Plan, then the offending party may be prosecuted for breach of contract and may take any necessary measures to remedy the breach and recover costs and damages from the offending party. For a BMA the fiscal incentives offered through treasury may also be reclaimed as per the Revenue Laws Amendment Act (Act 60 of 2008). Where damage is irreversible, the conservation agency should be able to seek mitigation from the landowner in the form of an offset or compensatory payment to provide such an offset. The landowner may also face prosecution under the Conservation of Agricultural Resources Act, or cancellation of conservation status.

Duration Minimum period of 5 - 10 years (ideally 10 years or more), but may be in perpetuity if requested by the landowner.


To provide for a formalised partnership between a landowner or community and the conservation agency to meet certain agreed-upon conservation objectives on a site. The agreement is supported by a management plan that provides for required actions, responsible parties and timeframes. The purpose of each BA area will depend the agreed conservation objectives.

Permissible use & activities

The landowner’s access and residence rights are unrestricted. Permissible use and activities are agreed to by the landowner and conservation authority and are determined on a site-by-site basis.

Non-permissible use & activities

The land must be managed in such a way that will conserve biodiversity and support natural processes, which generally excludes any activity that may adversely impact any indigenous fauna and flora or their habitats and the natural state and flow of any water resource.The restrictions set out in the Nature Reserve category apply, but these may be amended or relaxed or negotiated to incorporate issues specific to the BA area and the needs of the landowner.

Development nodes

The landowner may choose to exclude future development nodes from the area designated for proclamation as a Biodiversity Agreement area.

Development Development consistent with the achievement of the conservation

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restrictions objectives may be permitted within the Biodiversity Management Agreement / Biodiversity Agreement area, with effective sustainable management of the site encouraged. Development rights must be sought from the appropriate authority.


o Professional advice and support from the agency through more advanced extension services

o The conservation agency will draw up a Management Plan for the property with the input and consent of the landowner to guide and schedule management actions.

o Public works programmes (e.g. Working for Water) will be informed of the Biodiversity Management Agreement status of the site which may include the site for future support from these organisations.

o Conservation and management expenses in terms of the management plan may be deducted from the income generated from the land on which the biodiversity management agreement is signed (with conditions).

7.3 Protected Environment

Table 5.3: Protected Environment defined

Description Protected Environments are the most flexible but least secure type of protected area described in the NEMPAA (Act 57 of 2003). A Protected Environment is a legal mechanism for single or multiple landowners to control and direct landuse on the properties concerned.


The strengths of Protected Environments, as defined in Section 28 of the NEMPAA, are: their flexibility in restricting those landuse activities that may

threaten the land-, coastal- or seascapes. their use to maintain or protect a sense of place, spiritual values or

sense of solitude, by limiting visual (buildings, lights, etc) and auditory disturbances

they enable the conservation agency and private/communal landowners to co-operate and ‘take collective action to conserve biodiversity’ and to establish a legal status for this combined action (Section 28(b)).

they enable landowners to conserve and enhance the products of particular or critical entities within the landscape without having to forgo on ownership or other rights

they may be used for expansive areas of multiple determinants where there is uncertainty in terms of the sensitivities of the system, or where acute control measures are required. They thus serve as a platform on which conservation partnerships may be built.

they may be used to protect existing protected areas through buffering an existing nature reserve or world heritage site.

they may be used to safeguard components of habitat’s or ecosystem’s outputs which are vital for sustaining specialised habitats within the protected area.

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Legal status Proclaimed as a Protected Environment in terms of Section 28 of NEMPAA

Contractual Arrangement

1. Agreement with the MEC, landowner/user and conservation agency - applicants for Protected Environment status enter into a contract (preferably notarial agreement) with the MEC and conservation agency that would augment and concretise the Protected Environment status for the stipulated duration.

2. Management agreement is signed between the management authority (usually landowner/user) and conservation agency to regulate the management of the protected environment.

3. No legal requirement for endorsing Title Deeds, however for the purposes of biodiversity stewardship, this would ideally be done to provide the sites more security by binding successors in title to the protected environment status of the site.

Duration Protected Environments in the biodiversity stewardship programme should be declared for a minimum period of 30 years to make them eligible for fiscal incentives, as well as to ensure the biodiversity is afforded more security.


The Protected Environment designation is useful to pursue where large landscapes require some form of conservation management, but where it is unnecessary or unsuitable to restrict other forms of extractive land use.In terms of Section 28 of NEM: Protected Areas Act, the purpose of a Protected Environment in terms of biodiversity stewardship is to:a) to regulate the area as a buffer zone for the protection of a special

nature reserve, national park, world heritage site or nature reserve;

b) to enable landowners to take collective action to conserve biodiversity on their land and to seek legal recognition for such initiative;

c) to protect the area if the area is sensitive to development due to its-

i) biological diversity; ii) natural characteristics; iii) scientific, cultural, historical, archaeological or geological

value; iv) scenic and landscape value; or v) provision of environmental goods and services;

d) to protect a specific ecosystem outside of a special nature reserve, national park, world heritage site or nature reserve

e) to ensure that the use of natural resources in the area is sustainable;


There is no limitation on activities other than those specifically listed in the gazetting notice of the establishment of the Protected Environment. An agreement needs to be negotiated between the conservation agency and the land owner/s.

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Non-permissible use & activities

Restrictions may be specifically listed in the gazetting notice of the establishment of the Protected Environment. In addition, the following are minimum restrictions in terms of the biodiversity stewardship programme:

No transformation of natural vegetation. No introduction of alien species (plants or animals) No mining (conditions as per NEM:PAA, section 48) No dumping of waste outside of appropriately zoned areas. No activities adversely affecting the natural state of water

resources.

Development nodes

May or may not apply, depending on negotiations.

Development restrictions

Only those specifically listed in the gazetting notice of the establishment of the Protected Environment. No subdivision of the Protected Environment is permitted, unless it is consistent with the purpose and objectives of the Protected Environment and approved by the management authority and the conservation agency.

Incentives / benefits

Incentives may include (but are not limited to) the following:o Development of management plan.o Legal costs coveredo Technical adviceo Access to public works programmes (such as Working for

Water or Working for Wetlands).o Alien plant clearing assistanceo Conservation and management expenses in terms of the

management plan may be deducted from the landowner’s taxable income (with conditions).

7.4 Nature Reserve

Table 5.4: Nature Reserve defined

Description Nature Reserves, with respect to the Biodiversity Stewardship Programme, are proclaimed areas that are augmented with legally recognized contracts, or servitudes on private or communal land, aimed at protecting biodiversity in the long term. Two contracts are applicable here:1. Agreement to declare a nature reserve and consent to the

assignment of the management authority: This contract is signed between the landowner, conservation authority, the MEC or Minister in the form of a Notarial Agreement to be executed by a Notary Public.

2. Protected Area Management agreement: This contract is signed between the landowner and conservation authority.

Inherent attributes/

This option is advised for critically important sites (outstanding biodiversity features), especially those that contain examples of

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characteristics

threatened ecosystems or contain unique and exceptional biodiversity features – the site must make an essential contribution to the conservation of key vegetation types, species, ecological processes or ecosystem services, and in doing so make a meaningful contribution to South Africa’s protected area network.

Sites adjacent to statutory reserves (strategically important) and those contributing to corridors (significant contribution to process targets) within the landscape initiatives would also qualify for this status.

Areas that have been previously disturbed (e.g. old agricultural fields) would generally not qualify for this status unless they played a key role in recovery of adjacent natural areas. As with the Biodiversity Management Agreements, alien plant infestation does not necessarily disqualify a property from receiving this status, provided the densities are low and the habitat is restorable.

Legal status This option has secure, legal status on a number of levels:• According to Section 23 of the Protected Areas Act (No. 57 of 2003)

any land (private, communal or municipal) can be contracted into a National Park or Provincial Nature Reserve, which implies that an entire cadastral property or a portion thereof can be recognised as a national protected area. Nature Reserves must be declared a nature reserve by the MEC.

• An additional legal contract (called the “Protected Area Management Agreement”) is entered into between the landowner and the conservation agency, see under Biodiversity Management Agreements.

• A Notarial Deed is drawn up for the site detailing the restrictions which are registered on the title deed. This Notarial Deed must be signed by a Notary Public and lodged at the Deeds Office for registration against the title deed of the property. Any new owner is obliged to continue adhering to the restrictions in the notarial deed if and when the property is transferred.

• A management authority must be assigned to the site. Depending on the circumstances, this could be the landowner, the conservation agency or a willing third party. There are several responsibilities placed on the management authority by the Act.

NB: There is no transfer of ownership in any of these agreements. The management agreement must therefore be resigned with any new owners. The restrictions placed on the title deed by the notarial deed will however be binding on any such new owner.


1. Agreement with the MEC, landowner/user and conservation agency - applicants for Nature Reserve status enter into a contract (notarial agreement) with the MEC and conservation agency that would augment and concretise the Nature Reserve status for the stipulated duration.

2. A Management agreement is signed between the management authority (usually landowner/user) and conservation agency to regulate the management of the Nature Reserve.

Duration These agreements are applicable from 30 years to agreements in perpetuity (i.e. forever), however the owner will only be eligible for

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fiscal incentives for contracts of a minimum of 99 years. For the biodiversity stewardship programme, the minimum duration of a nature reserve should preferably be 50 years.


To provide long-term protection and management to important biodiversity on private and communal land.According to Section 17 of NEM:PAA, the purposes of protected areas

are:a) to protect ecologically viable areas representative of South

Africa’s biological diversity and its natural landscapes and seascapes in a system of protected areas

b) to preserve the ecological integrity of those areasc) to conserve biodiversity in those areasd) to protect areas representative of all ecosystems, habitats and

species naturally occurring in South Africae) to protect South Africa’s threatened or rare speciesf) to protect an area which is vulnerable or ecologically sensitiveg) to assist in ensuring the sustained supply of environmental

goods and servicesh) to provide for the sustainable use of natural and biological

resourcesi) to create or augment destinations for nature-based tourismj) to manage the interrelationship between natural

environmental biodiversity, human settlement and economic development

k) generally, to contribute to human, social, cultural, spiritual and economic development

l) to rehabilitate and restore degraded ecosystems and promote the recovery of endangered and vulnerable species.


There are specific limitations and restrictions on Nature Reserves:

o There must be a management authority (in theory, this could be the owner) and a management plan must be drawn up. Access to privately-owned land is determined through the negotiation process.

o The restrictions are recorded on the title deed of the property; they bind future owners, and will be in force for a minimum period (usually not less than 30 years, but ideally 99 years – in perpetuity).

Any activity that is compatible with the purpose of the establishment of the Nature Reserve and the zonation plan shall be permitted, including:

1. Sensitive ecotourism according to principles set out in the management plan.

2. Environmental education 3. Sustainable extractive resource use1 that is appropriate to the

protected area status of the Nature Reserve, agreed to by conservation agency and governed by the management plan.

(1 This may include grazing, hunting, fishing, capture and sale of surplus game, controlled harvesting of medicinal plants or any other appropriate form of sustainable use)

Non- The land must be managed in such a way that will conserve

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permissible use & activities

biodiversity and support natural processes, which generally excludes any activity that may negatively impact on any indigenous fauna and flora or their habitats and the natural state and flow of any water resource, including:1. Dumping of refuse, rubble or other waste within the Nature

Reserve2. Introduction of alien species (plant or animal) within the Nature

Reserve 3. Introduction of extra-limital species or genetically distinct sub-

populations of species, except where prior written authorisation has been obtained from the management authority and the conservation agency.

4. Removal or destruction of indigenous fauna and flora except sustainable extractive natural resource use (except for seed collection for restoration projects or where prior authorisation has been obtained from the management authority and conservation agency).

5. Removal or destruction of any indigenous fauna within the Nature Reserve, except where this is agreed to by the management authority and conservation agency and is catered for in the management plan.

6. Removal of any natural products from the Nature Reserve, except where this is agreed to by the management authority and conservation agency and is catered for in the management plan.

7. Activities which may negatively affect the natural state, flow, supply, quantity or quality of any water resource located in the Nature Reserve.

8. Use of off-road vehicles in the Nature Reserve, unless their use is consistent with the purpose and objectives of the Nature Reserve and agreed to by the management authority and conservation agency.

9. Public access to the Nature Reserve, unless agreed to by the management authority and the conservation agency and catered for in the management plan.

Development nodes

Nature Reserves require a zonation plan, which makes provision for recognition and establishment of development nodes.

The landowner may choose to exclude future development nodes from the area designated for proclamation as a Nature Reserve, and zone these accordingly. In this instance, the landowner would be required to cover the costs of the surveying and re-zoning.


Development consistent with the protected area status of the Nature Reserve may be permitted. Where necessary, development rights must be sought from the appropriate authority (e.g. Department of Agriculture & Environmental Affairs). Development restrictions include:

1. No new infrastructure that is incompatible with the zonation plan2. No ploughing, cutting, ripping or transformation of any indigenous

vegetation, ecosystems or habitats is permitted within the Nature Reserve (see Section 50(5) NEMA: Protected Areas Act) except for any rehabilitative measures as provided for in the management plan.

3. No commercial mining and prospecting (See Section 48(1) NEMA: Protected Areas Act) is permitted within the Nature Reserve, unless required for meeting the purpose and objectives of the

44


Nature Reserve and catered for in the management plan 4. No new placement of any transmission lines, telecommunication

lines, cellular towers or public works in the Nature Reserve outside of areas zoned for such development.

5. No subdivision of the Nature Reserve is permitted, unless it is consistent with the purpose and objectives of the Nature Reserve and approved by the management authority and the conservation agency.

6. No operation of, any trade, industry or business in/on the Nature Reserve, unless provided for in the zonation and management plans.


o Proclaimed area is exempt from attracting rates (Section 17.1 (e) Municipal Property Rates Act)

o Substantial assistance from the conservation agency should be provided for specific habitat management interventions, such as alien plant clearing, fencing, and fire and game management, based on the resources available to the conservation agency.

o These sites should also have preferential access to government land management programs, such as Working for Water.

o Enhanced recognition and marketing exposure could be provided by the agency through the agencies marketing networks (e.g. website, magazine articles), should the landowner want any ecotourism assets marketed.

o The conservation agency must compile and maintain a Management Plan for the property with the input and consent of the landowner to guide and schedule management actions.

o Landowners become members of the national network of protected areas and contribute to global conservation as provided for by the Convention of Biodiversity.

o Lobbied assistance from other organisations.o Conservation and management expenses in terms of the

management plan may be deducted from the landowner’s taxable income (with conditions).

o The value of the land may be deducted from the landowner’s income tax at a rate of 10% of the land value over 10 years (various conditions apply).

A table comparing the different stewardship levels and how they should be interpreted, as well as a detailed comparison between the Nature Reserve and Protected Environment categories, is presented under Appendix H.

8 Incentives

The suite of incentives to be used includes both fiscal components, e.g. property rates rebates, and non-fiscal components, e.g. extension services provided by conservation authorities’ components. The new programme needs to offer benefits to landowners in-line with recent changes in SA legislation. These benefits also need to counteract perverse financial incentives which currently penalise conservation in some areas, and should rather proactively support biodiversity conservation by private landowners. Minimum incentives for the middle and highest tiers will be determined by provincial capacity.

45


8.1 Statutory Fiscal Incentives

In response to the commitments of landowners to secure biodiversity on their land, Treasury has recognised that:

a) Landowners have forgone use rights to their land, which have inherent value, and b) Landowners often incur substantial costs in managing their land under these

agreements.

As a result, a number of fiscal mechanisms have been developed to support what is essentially a cost carried by an individual for the public good. These mechanisms have been legislated in the Revenue Laws Amendment Act (Act 60 of 2008). Various scenarios are addressed by tax mechanisms, each providing a more secure conservation agreement, and demanding a higher level of commitment and cost from the landowner.

The Act further provides for a situation of non-compliance or breach of agreement with the inclusion of a recoupment clause, whereby, if the taxpayer is in breach of the agreement, he/she will be subject to a recoupment of the deductions previously allowed in the five years preceding the contravention6.

8.1.1Biodiversity Management Agreements

For the fiscal incentives to take effect, the Biodiversity Management Agreement must be signed (with the relevant contract) stipulating a minimum duration of 5 years.

All conservation and maintenance expenses incurred in terms of a Biodiversity Management Agreement are to be treated as expenditure incurred in the production of income and for purposes of trade. Examples of these expenses could be rehabilitation expenses, alien clearing or burning fire breaks. However, expenses are only deductible if the activity is reflected in the management plan connected to the Biodiversity Management Agreement.

Important factors:

The taxpayer may only make these deductions from income generated from the land subject to the Biodiversity Management Agreement, or land in the immediate proximity. The Act does not define ‘immediate proximity’, but it is taken to mean neighbouring, or within a few kilometres of the land under the BMA.

The deduction may not exceed the income of the taxpayer derived in the year of assessment. However, the amount by which the deduction exceeds the income will be deemed to be expenditure incurred by the taxpayer in the following year of

6 SARS would recover the money by including it in the amount owed to them in the following tax year.

46

Principles:-• Fundamental principle of Biodiversity Stewardship – landowners need to

benefit from securing their property under conservation landuse• We must be careful not to allow incentives to drive commitment• Incentives must be appropriate for the level of commitment (stewardship

category)• Maintain records of all incentives supplied to landowners

CHALLENGE: maintaining the sustainability of incentives supply


assessment. In other words, a roll-over of deductions into the next tax year is allowed.

Farmers entering into Biodiversity Management Agreements are subject to the same deductions, with the only difference being:

The deductions are allowed for under paragraph 12(1A) of the First Schedule. This portion of the Income Tax Act (Act 58 of 1962) deals specifically with all allowable deductions made by farmers.

The deductions are limited to income derived by the taxpayer from farming activities on the land or within the immediate proximity of the land.

8.1.2Protected Environments

For the fiscal incentives to take effect, the Protected Environment Agreement must be signed (with the relevant contract) stipulating a minimum duration of 30 years.

All conservation and maintenance expenses are deemed to be Section 18A deductible donations in terms of the Income Tax Act (Act 58 of 1962). This means that expenses related to the management of the land, as required by the Management Plan, can be deducted from the taxpayer’s taxable income7. Activities not required in the management plan are not deductible. Furthermore, an 18A deduction may not exceed 10% of the taxpayer’s taxable income.

8.1.3Nature Reserves and National Parks

i) Minimum contract of 30 years:

Nature reserves and National Parks with contracts signed for a minimum duration of 30 years (30 years to in perpetuity) are subject to the same deductions as described under protected environments above. That is, all conservation and maintenance expenses as determined by the management plan are deemed to be Section 18A deductible donations in terms of the Income Tax Act (Act 58 of 1962).

ii) Minimum contract of 99 years:

In addition to the 18A deductions for expenses described above, Nature Reserves and National Parks with contracts signed for a minimum duration of 99 years (in perpetuity) and endorsed as such on the title deeds, may further deduct the value of the land from their income tax. This deduction is also considered an 18A deduction.

The deduction for the value of the land must comply with the following guidelines:

The landowner may deduct 10% of the value of the land each year for ten years, starting in the year of declaration.

The deductible amount is equal to 10% of the lesser of: o the cost to purchase/acquire the land, or o the current market value of the land.

The deductible amount does not include portions of the land over which the taxpayer has right of use. For example, the residential footprint of a house or commercial lodge included in the reserve or park.

7Gross income – exemptions = IncomeIncome – Deductions + Taxable Capital Gains = Taxable Income

47


To calculate the deduction when a right of use is retained, the deductible amount determined above is then multiplied by the quotient of the market value of the declared land and the market value of the land as if it had been donated in full (i.e. market value of the donated land including the value of the portion where rights have been retained). This may be depicted as the formula below:

Deemed

donation

= 10% xLesser of cost or

market value of the land

x

Market value of declared land subject to the right of use

Market value of declared land if there had been no right of use retained

Important to note that this amount and the management expenses amount to be deducted in a given year, cannot exceed the 10% cap of the 18A deductions for income of that year.

8.2 Discretionary Incentives

The sourcing and implementation of different incentives is an ongoing process, and incentive needs differ from province to province and between different people. Provincial conservation authorities may provide various incentives to stewardship signatories depending on the means at their disposal. Other government agencies, as well as NGOs, may further contribute to incentives to aid conservation authorities were possible. Incentives that could be offered may include (but are not limited to) the following:

Significant technical and extension assistance can be provided through compiling information, maps, management plans and detailed alien species control plans.

Landowners implementing the agreements should receive priority funds from any relevant government land management or poverty relief programmes (such as Working for Water and LandCare), provided other criteria are met or safeguards complied with.

The biodiversity benefits of the agreement can be included in any marketing or certification schemes for produce or services flowing from a property subject to a contract with a biodiversity management plan.

Property rates – Nature reserves and national parks are excluded from property rates (when no commercial activities are present), while municipalities may consider rebate / exemptions for biodiversity priority areas signed as protected environments or biodiversity management agreements.

Reductions for alien plant control, penalties for not clearing, fire control, etc. Need to lobby for the allocation of money to municipal and state-owned land for

compensation for rates rebates, for clearing their own land, etc. The landowner may have access to provincial training facilities (such as field ranger

training) or the landowner staff may be training in specific management requirements (alien plant clearing, etc.).

Investigate compensating/paying landholders for land management resulting in improved ecosystem services e.g. water production, flood mitigation. The potential benefits should be emphasised to the rural poor, i.e. many of which are suppliers of ecosystem services and could be compensated for improved land use in catchments which will benefit the remaining rural poor through improved water quality, flood mitigation, wastewater treatment (through wetland conservation efforts).

Fiscal and other economic incentives may be required that would be proactive in encouraging enterprises and authorities in the rural poor communities to become increasingly responsible for undertaking programmes that would allow for improved land management practices, including conservation (e.g. Community Conservation Areas), in these areas.

48


Conservation authorities may provide matching funding for private landowner biodiversity investments, for example the costs related to alien species clearing, training of staff or capacity building.

Investigate the feasibility of implementing tradable rights-based systems, which are definable, defendable and divestible. For example, farmers in the USA are allocated “water rights” which are able to be traded. This has enabled rights to be bought from users for the function of restoring river biodiversity, fish stocks etc. Furthermore, carbon trading may be applicable.

Declare an environmental servitude on property that will influence property rates.

An example of the proposed support and benefit that KZN may offer to landowners to encourage their participation in formal conservation (in table format) is presented under Appendix I.

8.3 Beneficiation agreement

Stewardship implementers / facilitators should be encouraged to formalise the incentives package into a beneficiation agreement that contracts in specific funding and for what activities. This could be a stand alone document, or it could be included in the Protected Area Management Agreement. This should clearly state the actual incentives that the Management Authority will receive (e.g. if an external funder suppliers funding for alien clearing, this amount and implementation responsibility should be clearing outlined).

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Appendix ABiodiversity site assessment form

[Insert relevant letterhead]

Site Assessment for Proposed Stewardship AreaInformation Supplied by Region & Conservation District Date

Region –

Conservation District –

Overall Objectives of the Site Assessment1. Determine the biodiversity value of the proposed stewardship area 2. Determine land-use pressures and threats to the proposed stewardship area3. Determine whether the proposed stewardship area warrants incorporation into the Biodiversity Stewardship Programme4. Establish the preferred stewardship category5. Begin the process of developing a management plan for the proposed stewardship area 6. Establish a baseline for evaluation of management effectiveness

Property Size

Erf number

Location

Landowner

Telephone Land-line Cell

E-mail

Postal Address

Data requiredObtain the following digital data layers for the property:

Orthophoto (if available) Satellite image (if orthophoto not available) 1 : 50 000 topographical map Cadastral layer Map of Vegetation Types Conservation Planning Maps Map of Ecosystem Status Transformation layer Protected area layer River layer Road layer Land Claims where possible

A3 Maps to be produced during Desktop Assessment for use in Field AssessmentThe following A3 laminated maps should be produced for use in the Field Assessment (in all cases the boundary of the proposed stewardship area should be overlaid on the base map)

1. Orthophoto (or satellite image), with rivers and roads.2. 1 : 50 000 topographical map

A4 Maps to be attached to Desktop AssessmentThe following A4 maps should be produced and attached to the Desktop Assessment

1. Conservation Planning Maps2. Landcover map3. Vegetation Types with hatched Transformation layer overlaid

NOTE:

1. ShadingAll Sections shaded ‘green’ should be answered by an Assessment TeamAll Sections shaded ‘blue’ should be answered by both a landowner and an Assessment TeamAll Sections shaded ‘yellow’ should be answered by a landowner

2. Capital letters at the end of each Section or at the beginning of each Question Capital letter D stands for Desktop Assessment and it means: That particular Section and/or

Question should be answered at Desktop Assessment level Capital letter E stands for an Expert and it means: That particular Section and/or a Question

needs an expert’s input Capital letter F stands for Field Assessment and it means: That particular Section and/or Question

should be answered be answered at Field Assessment Level

3. Score system used – The scoring system (1 – 5 ) for each scoring indicator is shown in Appendix 1

1. CLINCHERS

1.1

Using the Conservation Planning Map, record if the property contains the following categories D: Y N

Comments:

Mandatory Reserve (Or equivalent)

Negotiated Reserve

1.2 Interrogate the Conservation Planning map and record which features are “driving” values D

List:

1.3.

Using the Vegetation Map, indicate the vegetation types present and determine the Ecosystems Status of vegation types on the property D, E:

Y N

Comments:

(Vegetation types present – Status)

Critically Endangered

Endangered

Vulnerable 1-5 score:

Least Threatened

1.4

Using the provincial Biodiversity Database (or any other reputable source of such information): does the property contain any species of conservation concern on the Red List (CR, EN, VU, NT, Declining, Data Deficient, or Rare)? D, E, F

Y N If yes list these:

2. INDICATORS

2.1 HABITATS

2 .1.1. Using the map of Vegetation Types, answer the following: Y NComments:

(Vegetation type ) Provincial Area (Ha) = Area Protected = %, haConservation target = %, ha

a.

Does the property fall within a vegetation type(s) or ecosystem that is not adequately protected in existing proclaimed reserves? State how much of the vegetation type is conserved and the target for the vegetation type. D, E, F

b.

Using the Transformation layer and orthophotos, estimate the proportion of the property that is irreversibly transformed (e.g. ploughed lands, hard surface development). D, F

ha

Comments:

c.Using the Transformation layer and orthophotos, indicate the extent of fragmentation of the natural habitat of the property. D, F

1-5 score: Comments:

d.Using the Landcover layer, indicate the types of landuse on surrounding properties. Do these create barriers or opportunities for expansion. D

H M L Comments:

e.

What percentage of the total provincial extent of these vegetation types does the property contain? (using area of veg. type within property excluding irreversibly transformed areas) DFormula:(Hectares of vegetation type on the property - hectares of irreversibly transformed areas) / provincial extent of vegetation type x 100 = percentage of the total provincial extent of these vegetation types on the property.

%

Comments:

f.

What percentage of the target for these vegetation types could the property contribute?Formula:(Hectares of vegetation type on the property - irreversibly transformed areas) / vegetation target x 100 = percentage of the total provincial extent of these vegetation types on the property.

%

Comments:

2.1.2 What is the condition of the vegetation types / habitats? F

1-5 score: Biodiveristy Index score –

Veld assessment score –

2.1.3 What is the potential of this property for vegetation rehabilitation? D, E, F


2.2 SPECIES

2.2.1Are there any priority species present as indicated by the priority species list, as shown in Appendix 3? D

Y N If yes, list these:

2.2.2

Using local knowledge, the provincial Biodiversity Database, the SEA (or any other reputable source of such information): does the property contain threatened, red data or species of special concern? List these and their status. D, E, F


2.2.3

Using local knowkledge, the provincial Biodiversity Database, the SEA (or any other reputable source of such information): does the property contain endemic (SA, near-KZN or KZN) species? List these. D, E, F


2.2.4 What is the potential of the property for species recovery? D,E, F


2.3 ECOLOGICAL PROCESSES (see Appendix 2)

2.3.1Indicate the habitat heterogeneity score for the property. D, E, F


2.3.2 Indicate the property size. D, F1-5 score: Comments:

2.3.3 Indicate the altitudinal gradient of the property D


2.3.4Does the property fall within one of the macro-ecological corridors or others identified in bioregional plans? D


2.3.5

Is the property :a. buffer to a Protected Areab. a consolidation of a protected areac. or part of the PA expansion plan? D


2.3.6Is the property within an important water production area identified within the systematic conservation plan? D

Y N Comments:

2.3.7 Indicate the overall ecological process value based on property size. Appendix 2 D


2.4 ECOSYSTEM SERVICES

Considering both availability and demand (use a score of between 1 and 5 to express how much the property contributes to each of the following ecosystem services [Make use of Appendix 2 to answer this question] and map relevant areas if

Availability

1-5 score

Demand

1-5 score:Notes:

Provisioning services (products obtained from ecosystems)

a. Clean water production (grassland function)

b. Water purification (wetland function)

c. Food

d. Medicinal plants or products

e. Fire wood

f. Harvesting of plant material (e.g. thatch, sedge, poles)

g. Grazing

h. Pollination

i. Animal harvesting

j. Other

Regulating services (benefits obtained from the regulation of ecological processes)

a. Regulation / attenuation of floods

b. Regulation of water supply

c. Carbon sequestration

d. Other

Cultural services (non-material benefits)

a. Education

b. Recreation

c. Aesthetics

d. Spiritual

e Cultural

f. Other

TOTAL SCORE

3. OTHER INFORMATION

3.1 THREATS

3.1.1.

Rate the following threats to biodiversity on the proposed stewardship area (also add any threat not captured below) F :


a. Alien plants

b. Poaching / illegal harvesting

c. Fire

d. Grazing

e. Accelerated soil erosion

f. Extra-limital / alien animals

g. Land-invasion

h. Mining

i. Water abstraction / dams

j. Pollution

k. Uncontrolled Access

l. Other

3.1.2

Indicate the extent of invasion by alien plants within the proposed stewardship area. State which alien plants occur predominantly. Indicate invaded areas on map F

H M L Comments:

3.2 MANAGEMENT ISSUES

3.2.1Has the landowner invested any resources in alien plant eradication? Indicate hectares cleared and funds invested. Map cleared areas. F

Y N Comments:

3.2.2

Is the Working for Water Programme active within the property (or has it been so in the past)? What forms of assistance have been provided? F

Y N Comments:

3.2.3Is there a written management plan for the property and, if so, what is its status (e.g. in development, draft plan or completed plan)? F

Y N Comments:

3.2.4 Is the site used for any non-consumptive uses (e.g. hiking, mountain biking)? F

Y N Comments:

3.2.5

Does any consumptive utilisation occur on the proposed stewardship area (e.g. grazing, hunting, mowing of hay, thatch grass harvesting etc.)? F

Y NComments:

3.2.6 What is the current burning regime on the property? F

Comments:

3.2.7Give details around the grazing system used (stocking rate, time of year etc). Domestic livestock and indigenous game F

Y N Comments:

3.2.8What notable management or restoration actions are required (e.g. erosion control, de-stocking, fencing)? F

Comments:

3.2.9

Are there any specific management needs that the landowner has? Does the landowner require, or has he requested, any specific support from the provincial conservation agency or other agencies? F

Y N Comments:

3.2.10 Are there any veterinary restrictions imposed on the proposed stewardship area? F

Y N Comments:

3.3 PARTNERSHIP OPPORTUNITIES

3.3.1Are there other current Partnerships or memberships to note? (e.g. Conservancy, Fire Protection Association, Water users Association) F

Y N Comments:

3.3.2

Is the proposed stewardship area an existing Natural Heritage Site, Site of Conservation Significance, Community Conservation Area or Registered Commercial Game Farm, Registered Important Bird Area? D, F

Y N Comments:

3.3.3

Specify any conditions or agreements applying to property (e.g. Trusts, MoA’s, MoU’s, permissions, permits, EIA applications, development conditions, liabilities, directives in terms of any legislation, land claims or servitudes). F

Y NComments:

3.3.4 Are there any development intentions for the area proposed for conservation? F

Y N Comments:

3.3.5 Does the landowner have any intentions of selling the property in the near future? F

Y N Comments:

3.4 LAND CLAIMS

3.4.1 Are there any land claims on the property? If yes, at what stage is the land claim? D, F

Y N Comments:

CONTRIBUTION TO CONSERVATION

(Please rate as E (Essential), I (Important), or N (Not Essential or Important)

Contributes to conservation of important vegetation typesContributes to conservation of important speciesContributes to conservation of important ecological processContributes to conservation of system that provides significant ecosystem services

NEMPAA Checklist(Please tick the appropriate box)

2 b (i) has significant features or biodiversity2 b (ii) is of scientific, cultural, historical or archaeological interest 2 b (iii) is in need of long-term protection for the maintenance of its biodiversity or for the provision of environmental goods and services2 c provides for a sustainable flow of natural products and services to meet the needs of a local community2 d enables the continuation of such traditional consumptive uses as are sustainable2 e provides for nature-based recreation and tourism opportunities

Summary of 4 or 5 major reasons for suggested stewardship status:

1.2.3.4.5.

Describe the most important conservation Management Objectives for the property:

1.2.3.4.5.

Comments and Additional Information:

RECOMMENDED CATEGORY:

MAP:

APPENDIX 1 – Example of scoring criteria from KZN

INDICATOR SCORING 0 1 2 3 4 5

HABITATS Ecosystem status Other LC NT V E CE

Degree of fragmentation (of natural areas)

- Very High High Moderate Low Very Low

Ecosystem condition - Poor

(BI 1)Reasonable

(BI 2)Good(BI 3)

Very Good(BI 4)

Excellent(BI 5)

Potential for rehabilitation None Poor Reasonable Good Very Good Excellent

SPECIES Provincial Priority species (every province to determine their own priorities)

None

“Nice to” monitored

and reported

on

Species may be

monitored and

reported on

Species must be

monitored and

reported on

RD species (Viable population)

OtherRare or

other RD category

NT V E CE

Endemism (endemics incl. Near-endemics)

- 1 SA ≥ 3 SA1

provincial / ≥ 5 SA

≥ 3 provincial ≥ 5 provincial

Species recovery (summed irreplaceability for modelled distribution)

- Very low Low Moderate High Very high

ECOLOGICAL PROCESSES

Habitat heterogeneity - Low

1 habitatModerate2 habitats

High≥ 3 habitats

Property size - <100ha 100-500ha 500-1000ha 1000-5000ha > 5000ha

Altitudinal gradient - <100m 100-200m 200-300m 300-400m > 400m

Corridors (stepping stones)

- Outside - - - Within

Buffer / consolidation / PA expansion

- None None Buffer Consolidation PA exp

Ecological Processes – minimum size (based on priority species or vegetation type scale – Table 1 & 2)

- Very small Small Medium (MINIMUM) Large Very large

ECOSYSTEM SERVICES

Benefit availability None Poor (0-

19%)Reasonable

(20-39%)Good (40-

59%)Very Good(60-79%)

Excellent(80-100%)

User demand No users Very low Low Moderate High Very high

APPENDIX 2: Example of broad vegetation types found in KZN, major determining processes, spatial scale over which they operate and minimum size of a reasonably self sustaining protected in each type. (NOTE: 1 – these are guestimates and need refinement)

Broad Vegetation Type

Major determining Processes Scale of Process (ha)

Minimum size P.A. Minimum Size (ha)1

Alpine Grassland Fire, specialised pollination100 – 1000 500 5 000

Moist Grassland Fire, grazing, specialised pollination 10 – 1000 500 5 000

Semi-arid Savanna Rain patterns, fire, grazing, browsing 10 - 10000 5000 10 000

Mesic Savanna Fire, grazing 10 - 1000 1000 5 000

Semi-arid Bushland and Thicket

Browsing, fire (margins), avian seed dispersal 10 - 100 100 2 000

Dry Forest (Sand Forest)

Browsing, avian seed dispersal, fire (margins) 10 - 100 50 1 000

Moist Forest Avian seed dispersal, wind blows, fire (margins) 10 -100 50 500

APPENDIX 3 – Example: KZN Priority Species list (2009)

List of species that should be monitored, may be monitored or is nice to monitor

May monitor and report on

Nice to monitor and report on

Appendix BStewardship category review criteria

Guidelines for Qualification of Sites for Stewardship Categories

Introduction

Sites entering the biodiversity stewardship programme need to be allocated to the appropriate stewardship category to ensure that resources are utilised wisely while conservation targets are achieved. A site therefore needs to undergo review to qualify as a particular stewardship category. This document aims to guide the review process by assisting with scoring various aspects of the environment to determine to which category a site should be assigned.

The review is conducted in two steps: First, the conservation value of the site is determined and a stewardship category suggested. Second, the potential management commitments that may influence the site are evaluated and a final stewardship category decided upon.

STEP 1 (refer to Figure B1 below)

The conservation value for the site is evaluated using four environmental criteria (habitats, species, ecological processes, and ecosystem services) which are further divided into numerous indicators for each criteria. The indicators for each criteria are given a rating from 0-5, then averaged by the number of indicators to get a total score out of five for that criteria. The scores for the all four criteria are then added together to get a final score out of 20. The score is then positioned on a continuum of stewardship categories, where low scores will reflect a conservation area and high scores a Nature reserve, with the other categories in between.

There are a number of clinchers/exceptions that can short cut the process. If the site contains critically endangered (CE) habitat or species, it can automatically qualify for nature reserve status. Additionally, if the criteria score for either habitat or species is equal or greater than four, the site may also automatically qualify for nature reserve status.

A brief description on how to score each indicator is presented in table B1 below.

STEP 2 (refer to figure B2 below)

An aspect that may influence the category a site should be awarded, is the potential management commitment. Assigning a specific category to a site where there is extensive management commitment has been guaranteed, may unlock or retain resources and/or allow for rehabilitation and improvement of site. These aspects should be taken into consideration before determining the final category that a site should be assigned. Depending on the management commitment, the final category may advance or regress.

Figure B1: Step 1 for qualification criteria

Figure B2: Step 2 for qualification criteriaTable B1: Indicator scoring

Appendix CPro forma Contracts

Appendix C1 – Biodiversity Management AgreementsAppendix C2 – Notarial Deed: Nature Reserve (Whole

Property)Appendix C3 – Notarial Deed: Nature Reserve

(Portion Property)Appendix C4 – Notarial Deed: Protected EnvironmentAppendix C5 – Management Agreement Nature

Reserve (Whole Property)Appendix C6 – Management Agreement: Nature

Reserve (Portion Property)Appendix C7 – Management Agreement: Protected

Environment

Appendix C1 – Biodiversity Management Agreements[Require template for BMA in terms of NEMBA

The example provided is the BA for Western Cape]

BIODIVERSITY AGREEMENT

Between

___________________________________________(Insert Identity No. of Owner)

(“Landowner”)

And

____________________________________________(Insert Description of Entity and Registration Number)

(“the Board”)

duly represented by (Insert Name of Representative) in his/her capacity as (Insert Description of Capacity)

PREAMBLE

WHEREAS

A. The Landowner is the registered owner of (Insert Name of Property) (“the Property”) measuring (Insert size of property) held under Deed of Transfer No. (Insert Deed Number/s) dated (Insert Date/s).

The (Property / a portion of it) has been identified as being of high conservation value due to the fact that:

(List features of Property which characterise it as being of high conservation value)

The Landowner and the Board recognise the value of conserving the biodiversity located on the Property.

The Board wish to assist the landowner to manage the (Property / a portion of it) to conserve the biodiversity located on it for a period of (insert number of years).

The parties agree that the Conservation area will be known as (Insert name of Nature Reserve in), and. That the Board will assign this name to the Conservation area.

THE PARTIES THEREFORE AGREE AS FOLLOWS

1. DESCRIPTION OF THE PROPERTY

1.1 The Property/ies comprises of:

1.1.1 Portion ABCD as is more fully described in the diagram annexed to this agreement marked “A” (“the Private Area”); and.

Put the co-ordinates of the Private area in here

1.1.2 Portion EFGH as is more fully described in the diagram annexed to this agreement marked “B” (“the Conserved Area”)

Put the co-ordinates of the Conservation area in here

2. MANAGEMENT OF THE CONSERVED AREA

2.1 Objectives

2.1.1 The parties agree to the following management objectives in relation to the Conserved Area:

2.1.2 (Insert the 5/6 most fundamental management objectives in relation to Conserved Area)2.1.3 ([Insert what each party must achieve by when)2.1.4 ([Insert what actions each party must undertake by when).

2.2 Management Plan

2.2.1 The Board will, in consultation with the Landowner, and. any other affected parties that have an interest in the area, prepare a Management Plan, to give affect to the management objectives for the Conserved Area within twelve months of this agreement coming into force.

2.2.2 The parties will manage the Conserved Area in accordance with the Management Plan.

2.2.2.1The contents of the Management Plan will:

2.2.2.1.1 include the Objectives stated in clause ;

2.2.2.1.2 include the rights and obligations of the parties in relation to the Conserved Area, which are set out in clauses , , and below;

2.2.2.1.3 not conflict with any applicable bioregional plan or biodiversity management plan or other statutory environmental management plan or spatial development plan applicable to the area;i and

2.2.2.1.4 contain any regulations, directives or measures as may be stipulated by the statutorily recognized agricultural plan or scheme for the sustainable use of natural resources in the area.

2.3 Review and. Monitering of the Management Plan

2.3.1 The Board in conjunction with the Landowner will carry out regular inspections of the Conserved Area.

2.3.2 The Board will convene a meeting with the Landowner on an annual basis, or at such earlier time should either of the parties deem it necessary, to formally review progress toward achieving the Management Objectives as set out in paragraph 2.1, and the Management Plan.

2.3.3 The Board will present the following information to the Landowner at this annual meeting:

2.3.3.1the extent to which the current Management Plan has achieved the stated Management Objectives;

2.3.3.2the extent to which the parties have complied with their respective rights and obligations under the Management Plan;

2.3.3.3current and future challenges to the conservation, management and status of the Conserved Area; and

2.3.3.4proposed amendments to the Management Plan.

2.3.4.1The parties will, by mutual agreement, amend the Management Plan when necessary, which amendments will be reduced to writing and signed by both parties.

3. RIGHTS OF LANDOWNER IN RESPECT OF CONSERVED AREA

3.1 Ownership

3.1.1 The Landowner retains all rights of ownership over the Conserved Area provided that they are consistent with the provisions of this agreement.

3.2 Access

3.2.1 The Landowner and his family and friends can access the Conserved Area provided that the access is consistent with the provisions of this agreement, and provided further that this will also be regulated by agreement in the Management Plan

4 OBLIGATIONS OF LANDOWNER IN RESPECT OF CONSERVED AREA

4.1 Compliance with the Management Plan

4.1.1 The Landowner will comply with all the terms and conditions contained in the Management Plan.

4.2 Development

4.2.1 The Landowner will not construct, erect or upgrade, or allow the construction, erection or upgrading, of any buildings, roads or structures on the conservation area, except as expressly provided for in the Management Plan.

4.2.2 The Owner must obtain all necessary prior approval, permission or exemption required in order to undertake any development contemplated in the Management Plan.

4.3 Biodiversity

4.3.1 The Landowner will not remove or destroy, or permit the destruction or removal of, any indigenous species in the Conserved Area.

4.3.2 Plant, or permit the planting of, any flora other than local non-invasive indigenous flora in the Conserved Area.

4.3.3 Introduce, or permit the introduction of, any non-indigenous fauna onto the Conserved Area, including (but not limited to) any livestock, cat, dog or other domestic animal.

4.3.4 Do, or permit, any act that may adversely affect any indigenous flora and fauna, or their habitats, in the Conserved Area.

4.4 Water

4.4.1 The Owner shall not do, or permit, any act that may adversely affect the natural state, flow, supply, quantity or quality of any water resource located on the conservation area, subject to the provisions of the National Water Act, 36 of 1998.

4.4.2 Any other person that may have a right to water in a public stream on the conservation area shall do so on such conditions prescribed by the Minister of Water and Environmental Affairs.

4.5 Commercial Activity

4.5.1 In terms of the Mineral and. Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) the Owner shall not permit or consent to any prospecting, exploration, mining or production of gas, petroleum, mineral or other substances on the conservation area.

4.5.2 The Owner shall not permit or consent to, unless required by law, the placement of any transmission lines, telecommunication lines, cellular towers or public works on the conservation area.

4.5.3 The Owner shall not subdivide, or permit the subdivision of the conservation area.

4.5.3 The Owner shall not operate, or permit the operation of, any trade, industry or business on the conservation area, unless such activities are authorized in the Management Plan.

4.6 Other Human Activities

4.6.1 The Owner shall not use, or permit the use of, motorcycles or four-wheel drive vehicles on the conservation area unless its use is necessary for the proper

management and/or protection of the conservation area and/or authorised in terms of the Management Plan.

4.6.2 The Owner shall not dump, or permit the dumping of, any waste material on the conservation area.

4.6.3 The Owner shall not hunt, or permit hunting, to take place on the conservation area unless it is necessary for the proper management of the fauna located on the conserved area and/or specifically provided for in the Management Plan; and the necessary permit/s have been obtained and restrictions adhered to as required by law.

4.6.4 The Owner shall not permit the general public to access the conservation area, unless otherwise provided for in the Management Plan.

5. RIGHTS OF BOARD IN RESPECT OF CONSERVED AREA

5.1 Access for research

5.1.1 The Landowner will allow the Conservation Agency, its employees and consultants access to the Conserved Area to fulfill their obligations under the Management Plan, to undertake scientific research, and to ensure proper management and compliance with the terms of this agreement.

5.1.2 (Insert any additional rights such as establishing research station, running educational tours through the area, etc)

6. OBLIGATIONS OF THE BOARD IN RESPECT OF CONSERVED AREA

6.1 Compliance with the Management Plan

6.1.1 The Conservation Agency will comply with all the terms and conditions of the Management Plan.

6.2 Supervision and Technical Support

6.2.1 The Conservation Agency will provide any technical assistance, information and management advice that may be required to ensure the effective conservation of the Conserved Area.

6.3 Notification of Access

6.3.1 The Board, its consultants and employees will notify the Landowner whenever they intend to enter the Conserved Area unless such access has been otherwise agreed under the Management Plan.

6.4 Rates & Taxes

6.4.1 The (Landowner/Board) will be liable for all rates and taxes due in respect of Conserved Area unless agreed otherwise in writing by the parties.

6.4.2 The Board will notify the Landowner of (his/her/its) eligibility for exemption from any levies, duties or taxes that may be pursuant to this agreement, and will endeavour to expedite any eligibility documentation to the relevant authority.

6.5 Conservation Costs

6.5.1 The Board shall only be responsible for such costs associated with the establishment and of the conservation area, as provided for in this agreement

and/or the Management Plan, which costs include but is not limited to the following:

6.5.1.1(Clearing alien invasive vegetation);

6.5.1.2(Fencing);

6.5.1.3(Rehabilitation);

6.5.1.4(Stocking); and

6.5.1.5(Costs incurred in ensuring compliance with any applicable national, provincial or local environmental legislation)

6.5.2 Such costs shall include direct expenditure reasonably incurred on materials, transport, third party expertise (including labour contractors and legal advice), and shall increase with the standard inflation indices.

6.5.3 Such costs shall not include reimbursement of the time of the Conservation Agency’s personnel or staff in establishing the Conserved Area or in implementing the terms of this agreement or the Management Plan.

6.5.4 The Conservation Agency and. Landowner shall keep an accurate record of all such costs and. will make available to the other party on request.

6.6 OWNERSHIP OF WILDLIFE

6.6.1 Ownership of all wildlife and progeny on the conservation area will be negotiated depending on their source, population status and conservation objectives and captured in the Management Plan. All introductions or removal of wildlife will be catered for in the Management Plan or by agreement between the parties.

7. RIGHTS OF LANDOWNER IN RESPECT OF THE PRIVATE AREA

7.1 The Landowner will retain the exclusive right to occupy, use, enjoy and develop the Private Area, provided that this occupation, use, enjoyment and/or development is consistent with the provisions of this agreement.

8. OBLIGATIONS OF LANDOWNER IN RESPECT OF PRIVATE AREA

8.1 Development

8.1.1 The Owner shall not construct or erect any buildings or other structures in the private area without obtaining a prior written recommendation from the Board for these buildings or structures regarding possible impacts on the conservation area and subject to all applicable legislation.

8.2 Minimum Impact of Activities

8.2.1 The Landowner will ensure that any occupation, use, enjoyment, and/or development in/of the Private Area will take place in a manner that minimizes any potential disturbance to, and adverse impacts on the Conserved Area.

9. DELEGATION OF RIGHTS AND RESPONSIBILITIES

9.1 The parties to this agreement may not delegate or cede their rights or obligations under this agreement unless:

9.1.1 they have the written consent of the other party to this agreement, which consent will not be unreasonably witheld; and

9.1.2 the party to whom the rights and/or obligations have been delegated or ceded, has acknowledged its acceptance of the delegation or cession in writing, to both parties to this agreement.

10. BREACH

10.1 If either party breaches the terms in this agreement or the Management Plan, the other party can notify the offending party in writing and call on him/her to remedy the breach within a reasonable period.

10.2 If the offending party still fails to remedy the breach, the other party may:

10.2.1 take any necessary measures itself to remedy the breach, or appoint a third party to do so, and recover its costs in doing so from the offending party; and/or

10.2.2 enforce/ cancel the agreement and claim any damages it may be legally entitled to.

11. RECOVERY OF EXPENDITURE ON TERMINATION

11.1 In the event that this agreement is terminated at the instance of the Board in terms of clause 10, the Landowner will reimburse the Conservation Agency for the following expenditure:

11.1.1 any rates paid on behalf of the Landowner in terms of clause 6.4;

11.1.2 conservation costs incurred in terms of clause 6.5; and/or

11.1.3 costs of preparing this agreement in terms of clause 16.

12. DISPUTE RESOLUTION

12.1 Should any dispute of any nature arise at any time between the parties to this agreement, the parties agree to submit the dispute to arbitration in accordance with the following provisions:

12..1.1The arbitration proceedings will be conducted in accordance with the Arbitration Act (No. 42 of 1965).

12.1.2 The arbitration proceedings will be held on an informal basis, it being the parties’ intention that a decision should be reached as quickly and as inexpensively as possible, subject only to the observance of the principles of due process.

12.1.3 Each party may be represented at the arbitration proceedings by its legal representative and/or other experts or specialists employed by it.

12.1.4 The Arbitrator will permit each party to present any evidence and argument as the Arbitrator may consider to be relevant to the dispute, and will generally determine in his or her sole discretion, all matters relating to the conduct of the proceedings and the procedures to be adopted in order to give effect to the intent expressed above.

12.1.5 The Arbitrator will be nominated as follows:

12.1.5.1 If the matter in dispute is primarily a legal matter, the Arbitrator will be a Senior Counsel to be agreed upon between the parties, and failing agreement, to be nominated by the President for the time being of the Law Society of the Cape of Good Hope.

12.1.5.2 If the matter in dispute is primarily an accounting matter, the Arbitrator will be a Chartered Accountant to be agreed upon between the parties and failing agreement, to be nominated by the President for the time being of the South African Institute of Chartered Accountants.

12.1.5.3 If the matter in dispute relates to any matter not being primarily a legal and/or accounting issue, or if the parties are unable to agree on the nature of the matter in dispute, the Arbitrator will be such other person having an appropriate knowledge, as may be agreed upon between the parties, and failing agreement, to be nominated by the President for the time being of the Law Society of the Cape of Good Hope.

12.1.6 The Arbitrator will, at the request of any of the parties, be assisted by a person having specialised knowledge of environmental management to be agreed upon between the parties and failing agreement, to be nominated by the Chairperson of the South African National Parks Board.

12.1.7 The decision of the Arbitrator will be final and binding upon both parties and capable of being made an Order of Court on application by either of them.

12.1.8 Nothing contained in this clause of the agreement will prevent either party from applying to Court for a temporary interdict or other relief of an urgent and temporary nature, pending the award of the Arbitrator.

12.1.9 The Arbitrator will be entitled to direct that any costs associated with the arbitration proceedings, as determined in the sole discretion of the Arbitrator, will be borne by each of the parties or will be paid by one or more of the parties and will be taxed as between “party and party” or as between “attorney and own client”.

13. POSSIBLE CONVERSION FROM A BIODIVERSITY AGREEMENT TO A BIODIVERSITY MANAGEMENT AGREEMENT

13.1 Should the authority to sign a Biodiversity Management Agreement be delegated to the Province of the Western Cape or Western Cape Nature Conservation Board (the Board), the landowner must be willing for this Biodiversity Agreement to be changed to a Biodiversity Management Agreement in terms of the National Environmental Management: Biodiversity Act 2004, (Act No. 10 of 2004).

14. DOMICILIUM AND NOTICES

14.1 The parties choose the addresses set out below as their domicilia citandi et executandi for all purposes of this agreement and as their respective addresses for the service of any notice required to be served on them in terms of this agreement.

14.2 The Landowner (Insert Address of Landowner)

14.3 The Board (Insert Address of the Board)

15. VARIATION OF AGREEMENT

15.1 No variation, amendment or suspension of any of the terms of this agreement will be valid, and no further agreement which may conflict in any way with the terms of this agreement will be binding on either of the parties unless the variation,

amendment, suspension or conflicting agreement has been recorded in writing and signed by both parties.

16. COSTS OF AGREEMENT

16.1 All costs associated with the preparation of this agreement will be borne by the Board.

17 DURATION

17.1 This agreement will come into effect on the date the last party signs it and will remain in force for a period of (Insert duration of agreement) unless:

17.1.1 both parties, prior to the expiry of this agreement, elect to extend the duration of this agreement for a further period of [Insert number of years], or

17.1.2 the Landowner elects to sell the property prior to the expiry of the agreement, in which case the agreement will terminate on the date of transfer of the property to the new owner.

17.1.3 both parties, prior to the expiry of this agreement, elect to terminate this agreement before the expiry date.

18. RIGHT OF FIRST REFUSAL

18.1 In the event that the Landowner wishes to sell the property, or a portion/s of it, during the course of this agreement, the Landowner undertakes to offer the said property, or any portion/s of it, to the Board on the same terms and conditions as offered to/by any third party and will grant the Board 60 (sixty) days within which to consider the offer and exercise its right of first refusal.

SIGNED AT ____________________________ ON _______________________ .

AS WITNESSES

1. _____________________________

2. _____________________________ ___________________________LANDOWNER

AS WITNESSES

1. _____________________________

2. _____________________________ ___________________________CONSERVATION AGENCY

Signed by (Insert Name of Representative) in his/her capacity as (Insert Details of Capacity).

Appendix C2 – Nature Reserves (Whole Property)

AN AGREEMENT FOR THE PURPOSE OF HAVING A PROPERTY DECLARED AS A NATURE RESERVE IN TERMS OF SECTION 23(3)

OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, NO. 57 OF 2003

INCLUDING:

POWER OF ATTORNEY TO EXECUTE NOTARIAL AGREEMENT IN TERMS OF SECTION 23(3) OF THE ACT

NOTARIAL AGREEMENT IN TERMS OF SECTION 23(3) OF THE ACT

Consent to declare a nature reserve

Appointment of a management authority

MANAGEMENT AGREEMENT

DRAFT MANAGEMENT PLAN FOR THE NATURE RESERVE

SPECIAL POWER OF ATTORNEY

TO ENTER INTO AN AGREEMENT FOR THE PURPOSE OF HAVING A PROPERTY DECLARED AS A NATURE RESERVE IN TERMS OF

SECTION 23(3) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, NO. 57 OF 2003

I / We the undersigned

[Name of landowner]

do hereby nominate, constitute and appoint

[Name of relevant attorney or conservation agency official]

with power of substitution, to be my/our lawful Attorney(s) and Agent(s) in my/our name,

place and stead, to appear before a Notary Public and then and there on my/our behalf to

sign and execute a Notarial Agreement in terms of Section 23(3) of the National

Environmental Management: Protected Areas Act, No. 57 of 2003, as hereto attached, and

initialled by me/us, and generally for effecting the purposes aforesaid, to do or case to be

done whatsoever shall be requisite, as fully and effectually, for all intents and purposes, as

I/we might or could do if personally present and acting herein – hereby ratifying, allowing and

confirming and promising and agreeing to ratify, allow and confirm all and whatsoever

my/our said Attorney(s) and Agent(s) shall lawfully do, or cause to be done, by virtue of

these presents.

Signed at ___________________________________ this ___________ day of

_________________, 20__ in the presence of the undersigned witnesses.

As Witnesses:

1. ___________________________ ________________________________

2. ___________________________ ________________________________

PROTOCOL NUMBER __________________

NOTARIAL AGREEMENT IN TERMS OF SECTION 23(3) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED

AREAS ACT, NO 57 OF 2003

KNOW ALL MEN WHOM IT MAY CONCERN

That on the ______ day of __________________ in the year Two Thousand and Nine

(2009) at ___________________________, before me

[Notary Public]

Notary public, by lawful authority and practising as such at __________________________,

in the Province of _______________________________________ came and appeared

[Attorney or conservation agency official]

in his capacity as duly authorised agent of:

1. [Landowner]

(hereafter referred to as "the Owner")

By virtue of a Special Power of Attorney granted at ___________________

on the__________ day of _______________ 2009, such power of attorney

remain filed in my Protocol;

and

2. [MEC]

In his capacity as Member of the Provincial Executive Council for the

[Provincial conservation agency],

duly authorised hereto

(hereafter referred to as "the MEC")




and

3. [HOD / CEO]

In his capacity as Director of the

[conservation authority],


(hereafter referred to as “the Department”)

By virtue of a Special Power of Attorney granted at __________________

on the__________ day of _______________ 2009, such power

of attorney remain filed in my Protocol;

AND the aforementioned appearer declared that:

A. WHEREAS the Owner is the registered owner of the following immovable properties,

namely:

1. The Farm [NAME] [FARM NUMBER], Situated in the [Municipality], [Division], [Province];In extent: [value] Hectares;Held by Title Deed No. [Title deed number];

(“the property’)

B. AND WHEREAS the MEC is authorised in terms of section 23(1) of the National

Environmental Management: Protected Areas Act, No. 57 of 2003, as amended (“the Act"),

by notice in the Provincial Gazette, to declare an area as a Nature Reserve or part of an

existing Nature Reserve, provided that such an area complies with the requirements of

section 23 (2) of the Act;

C. AND WHEREAS the property has been identified as an area worthy of being

declared as a Nature Reserve, considering that the property complies with the requirements

of section 23(2) of the Act, namely:

[List features of property which characterise it as being of high conservation value- obtain

from Management Plan]

D. AND WHEREAS the Owner and the MEC wish to conclude a written agreement in

terms of section 23(3) of the Act in terms of which the Landowner consents to the

declaration of the property as a Nature Reserve in terms of section 23(1) of the Act;

E. ANDWHEREAS in terms of section 35(3) of the Act, an agreement entered into

between the Landowner and the MEC in terms of section 23(3) of the Act must be a notarial

deed and registered against the title deed of the property; and that such an agreement will

be binding on the successors in title of the Owner;

F. AND WHEREAS the MEC wishes to assign the management of the property as a

Nature Reserve, in terms of section 38(2) of the Act, to the Owner

G. AND WHEREAS the Owner is prepared to accept the appointment in terms of

section 38(2) of the Act;

H. AND WHEREAS the Department wishes to assist the Owner with the management

of the Nature Reserve.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. INTERPRETATION AND PRELIMINARY

The headings of the clauses in the agreement are for the purpose of convenience and

reference only and shall not be used in the interpretation of nor modify nor amplify the terms

of this agreement nor any clause hereof. In this agreement, unless a contrary intention

clearly appears:

1.1. Words importing:

1.1.1. any one gender include the other two genders

1.1.2. the singular include the plural and vice versa; and

1.1.3. natural persons include created entities (with or without legal personality) and

visa versa;

1.2. The following terms will have the meanings assigned to them hereunder and

cognate expressions shall have a corresponding meaning, namely:

1.2.1. "Act" means the National Environmental Management: Protected Areas Act,

57 of 2003, as amended;

1.2.2. "conservation area" means the area/s depicted by the figure/s [number of

figures] on Diagram S.G. No. [number], which area/s form part of the property;

1.2.3. "Department" means the [relevant conservation authority and province];

1.2.4. "effective date" means the date of publication of the Provincial Gazette in

terms of which the conservation area is declared as Nature Reserve in terms of


1.2.5. "Management Authority" means the person or entity that is responsible for the

management of the Nature Reserve as defined in the Act;

1.2.6. "Management Plan" means the plan as drawn up by the Management

Authority for approval by the MEC (in terms of section 39 of the Act) in order to

ensure that the Nature Reserve is protected, conserved and managed in a

manner which is consistent with the objectives of the Act and for the purpose it

was declared for (as defined in section 41 of the Act);

1.2.7. "MEC" means Member of the Provincial Executive Council for the [relevant

conservation authority and province];

1.2.8. "Nature Reserve" means an area declared as such in terms of section 23(1)

of the Act;

1.2.9. "Owner" means [landowner name];

1.2.10. "property" means [property name];

1.2.11. "title deed" means Title Deed No. [number], registered in the name of the

Owner;

2. CONSENT TO DECLARATION

The Owner hereby consents to the declaration of the conservation area as a Nature

Reserve, in terms of section 23(1) of the Act, for a period as defined in clause 8 of this

agreement.

3. DECLARATION OF THE PROPERTY AS A NATURE RESERVE

Upon fulfilment of all suspensive conditions (if applicable) and subject to the provisions and

requirement as contained in the Act, the MEC shall take all necessary steps to have the

conservation area declared as a Nature Reserve in terms of section 23(1) of the Act.

4. NAME OF THE NATURE RESERVE

The parties agree that the property shall be known as [Name of nature reserve] Nature

Reserve, further, that the MEC shall award this name to the Nature Reserve by notice

thereof in the Provincial Gazette in terms of section 23(1) of the Act.

5. APPOINTMENT OF THE MANAGEMENT AUTHORITY

5.1. The MEC hereby assigns the management of the property as Nature Reserve to the

Owner in terms of section 38(2) of the Act.

5.2. The Owner hereby accepts the appointment as Management Authority of the Nature

Reserve.

5.3. The appointment as Management Authority in terms of this clause 6 takes effect on

the effective date.

6. MANAGEMENT AGREEMENT AND MANAGEMENT PLAN OF THE NATURE

RESERVE

6.1. The Owner and the Department shall, not later than 6 months after this agreement is

concluded, enter into a further agreement in terms of which the nature reserve is to

be managed. This clause 7.1 is not a suspensive condition and the non – fulfillment

thereof will not affect the legality or existence of this agreement.

6.2. The agreement referred to in clause 7.1 above, will be known as the Management

Agreement and will include a draft Management Plan for the nature reserve.

6.3. The Owner as Management Authority must, within a period of 12 (twelve) months

from the effective date, submit a Management Plan for the Nature Reserve to the

MEC for approval by the MEC.

6.4. The Department undertakes to assist the Owner with the preparation of the

Management Plan, including:

6.4.1. Providing assistance with the compilation, reviewing and auditing of the

Management Plan;

6.4.2. Sourcing and providing of technical information, when needed, for the

effective management of the biodiversity of the Nature Reserve.

6.5. The parties hereby record that the terms and conditions of the Management Plan

(upon approval thereof by the MEC), will form part of the terms and conditions of this

agreement.

7. DURATION OF THE AGREEMENT

This agreement will commence on the effective date and will continue for a period of

___________ years from that date.

8. REGISTRATION OF AGREEMENT AND THE ENDORSEMENT THEREOF AGAINST THE TITLE DEED OF THE PROPERTY

8.1. The Owner hereby confirms that he is aware of the fact that this agreement is

entered into in the form of a Notarial Deed and that in terms of section 36 of the Act

this agreement must be registered and endorsed against the title deed of the

property.

8.2. The Owner confirms further that he is also aware of the fact that the terms and

conditions of this agreement will be binding on the successors in title of the Owner.

8.3. The Owner undertakes to sign all further documents and to provide all information to

the Department on request, in order to effect the registration of and endorsement of

the agreement against the title deed of the property.

8.4. Registration of and endorsement of the agreement against the title deed of the

property shall be effect by the Department's attorneys.

8.5. The Department will be responsible for all costs related to the registration of and

endorsement of the agreement against the title deed of the property.

9. BREACH OF CONTRACT

In the event either party commits a breach of any of the conditions hereof, and remain in

default for 30 (thirty) days after dispatch of a written notice by registered post by the other

party (as the case may be), requiring the defaulting party to remedy such breach, the other

party shall be entitled to, and without prejudice to any other rights available at law:

9.1. take the necessary measures himself to remedy the breach or appoint a third party

to do so, and recover his costs in doing so from the offending party; and/or

9.2. immediately demand due performance of the terms of this agreement, in addition to

damages that such party is legally entitled to; or

9.3. immediately cancel the agreement by means of a registered notice addressed to the

offending party, in addition to damages that such party is legally entitled to.

10. WITHDRAWAL OF DECLARATION OR EXCLUSION OF PART OF NATURE RESERVE

In the event this agreement is cancelled in terms of clause 10, the MEC must withdraw the

notice in terms of which the conservation area was declared a Nature Reserve or as part of

an existing Nature Reserve, as prescribed in section 24(2) of the Act.


In the event this agreement is cancelled at the instance of the MEC in terms of clause 10,

the Owner shall reimburse the Department for any expenditure reasonably incurred by it in

giving effect to the terms of this agreement.


In the event the Owner wishes to sell the property, or any portion thereof, during the duration

of the agreement, then and in such event the Owner undertakes to first offer the property, or

any portion thereof, for sale to the Department on the same terms and conditions as offered

to/by any third party. The Department will, however, be obliged to exercise the right of first

refusal within 30 (thirty) days after the said offer has been made by the Owner, failing which

the Owner will be entitled to sell the property, or any portion thereof (as the case may be), to

the third party on the same terms and conditions as offered to the Department.


The parties agree that they will be bound by the provisions contained in Chapter 4 of the

National Environmental Management Act 107 of 1998 (as amended) and that any disputes

of any nature which may arise at any time from this agreement will be dealt with in

accordance with the said Chapter.

14. DOMICILIA AND NOTICES

The parties choose the addresses set out below as their domicilia citandi et executandi for

all purposes of this agreement and as their respective addresses for the service of any

notice required to be served on them in terms of this Agreement.

MEC:

Physical Address: [insert address]

Postal Address: [insert address]

Owner:



The Department:




No variation, amendment or suspension of any of the terms of this agreement shall be valid,

and no further agreement which may conflict in any way with the terms of this agreement

shall be binding on the parties unless the variation, amendment, suspension or conflicting

agreement has been recorded in writing and signed by the parties.


All costs associated with the preparation and registration of this agreement shall be borne by

the Department.

17. NO COMPENSATION

No compensation is payable by either party to any of the other parties in respect of this

notarial agreement, and the parties agree that the nominal value of this servitude shall be

R100.00 (One Hundred Rand) for purposes of transfer duty.

ALL THIS DONE AND SIGNED on the place, day, month and year abovementioned in the

presence of the undersigned witnesses and before myself, the Notary Public.

As Witnesses:

1. ___________________________ ________________________________

2. ___________________________ ________________________________

QUOD ATTESTOR

____________________________________

NOTARY PUBLIC

Appendix C3 – Nature Reserves (Portion Property)

AN AGREEMENT FOR THE PURPOSE OF HAVING A PORTION OF A PROPERTY DECLARED AS A NATURE RESERVE IN TERMS OF


INCLUDING:



Consent to declare a nature reserve



DRAFT MANAGEMENT PLAN FOR THE NATURE RESERVE


TO ENTER INTO AN AGREEMENT FOR THE PURPOSE OF HAVING A PORTION OF A PROPERTY DECLARED AS A NATURE RESERVE IN TERMS OF SECTION 23(3) OF THE NATIONAL ENVIRONMENTAL

MANAGEMENT: PROTECTED AREAS ACT, NO. 57 OF 2003


[Name of landowner]












these presents.



As Witnesses:

1. ___________________________ ________________________________

2. ___________________________ ________________________________






(2009) at ___________________________, before me

[Notary Public]



[Attorney/conservation agency official]


1. [Landowner]


By virtue of a Special Power of Attorney granted at

_____________________



and

2. [MEC]





By virtue of a Special Power of Attorney granted

at____________________



and

3. [HOD / CEO]









A. WHEREAS the Owner is the registered owner of the following immovable properties,

namely:





by notice in the Provincial Gazette, to declare an area as a Nature Reserve or part of an

existing Nature Reserve, provided that such an area complies with the requirements of

section 23 (2) of the Act;

C. AND WHEREAS the property or certain portions thereof has been identified as an

area worthy of being declared as a Nature Reserve, considering that the property complies

with the requirements of section 23(2) of the Act, namely:





declaration of a portion of the property as a Nature Reserve in terms of section 23(1) of the

Act;

E. ANDWHEREAS in terms of section 35(3) of the Act, an agreement entered into

between the Landowner and the MEC in terms of section 23(3) of the Act must be a notarial

deed and registered against the title deed of the property; and that such an agreement will

be binding on the successors in title of the Owner;

F. AND WHEREAS the MEC wishes to assign the management of a portion of the

property as a Nature Reserve, in terms of section 38(2) of the Act, to the Owner




of the Nature Reserve.






clearly appears:





visa versa;





1.2.2. "conservation area" means the area/s depicted by the figure/s [number of

figures] on Diagram S.G. No. [number], which area/s form part of the property;

1.2.3. "Department" means the [relevant conservation authority and province];


terms of which the conservation area is declared as Nature Reserve in terms of






ensure that the Nature Reserve is protected, conserved and managed in a

manner which is consistent with the objectives of the Act and for the purpose it

was declared for (as defined in section 41 of the Act);


conservation authority and province];


of the Act;




Owner;

2. DESCRIPTION OF THE CONSERVATION AREA AND THE PROPERTY

2.1. The correct description of the conservation area is as follows:

[Follow the exact description as per the surveyor’s diagram, with specific reference to

the area, the extent thereof and diagram number]

2.2. The correct description of the property is as follows:

[Copy and paste section “A” above]


The Owner hereby consents to the declaration of the conservation area as a Nature

Reserve, in terms of section 23(1) of the Act, for a period as defined in clause 8 of this

agreement.

4. DECLARATION OF THE CONSERVATION AREA AS A NATURE RESERVE



conservation area declared as a Nature Reserve in terms of section 23(1) of the Act.

5. NAME OF THE NATURE RESERVE

The parties agree that the conservation area shall be known as [Name of nature reserve]

Nature Reserve, further, that the MEC shall award this name to the Nature Reserve by

notice thereof in the Provincial Gazette in terms of section 23(1) of the Act.


6.1. The MEC hereby assigns the management of the conservation area as Nature

Reserve to the Owner in terms of section 38(2) of the Act.

6.2. The Owner hereby accepts the appointment as Management Authority of the Nature

Reserve.


the effective date.

7. MANAGEMENT AGREEMENT AND MANAGEMENT PLAN OF THE NATURE

RESERVE


concluded, enter into a further agreement in terms of which the conservation area is

to be managed. This clause 7.1 is not a suspensive condition and the non –

fulfillment thereof will not affect the legality or existence of this agreement.


Agreement and will include a draft Management Plan for the conservation area.


from the effective date, submit a Management Plan for the Nature Reserve to the

MEC for approval by the MEC.




Management Plan;





agreement.








property.





















11. WITHDRAWAL OF DECLARATION OR EXCLUSION OF PART OF NATURE RESERVE


notice in terms of which the conservation area was declared a Nature Reserve or as part of

an existing Nature Reserve, as prescribed in section 24(2) of the Act.






















MEC:



Owner:



The Department:










the Department.

18. NO COMPENSATION






As Witnesses:

1. ___________________________ ________________________________

2. ___________________________ ________________________________

QUOD ATTESTOR

____________________________________

NOTARY PUBLIC

Appendix C4 – Notarial Agreement Protected Environments

AN AGREEMENT FOR THE PURPOSE OF HAVING A PROPERTY DECLARED AS A PROTECTED ENVIRONMENT IN TERMS OF


INCLUDING:



Consent to declare a protected environment



DRAFT MANAGEMENT PLAN FOR THE PROTECTED ENVIRONMENT


TO ENTER INTO AN AGREEMENT FOR THE PURPOSE OF HAVING A PROPERTY DECLARED AS A PROTECTED ENVIRONMENT IN TERMS OF SECTION 28(3) OF THE NATIONAL ENVIRONMENTAL

MANAGEMENT: PROTECTED AREAS ACT, NO. 57 OF 2003


[Name of landowner]












these presents.



As Witnesses:

1. ___________________________ ________________________________

2. ___________________________ ________________________________






(2009) at ___________________________, before me

[Notary Public]



[Attorney or conservation agency official]


1. [Landowner]





and

2. [MEC]








and

3. [HOD / CEO]









A. WHEREAS the Owner is the registered owner of the following immovable property,

namely:





by notice in the Provincial Gazette, to declare an area as a protected environment or part of

an existing protected environment, provided that such an area complies with the

requirements of section 28 (2) of the Act;

C. AND WHEREAS the property has been identified as an area worthy of being

declared as a protected environment, considering that the property complies with the

requirements of section 28(2) of the Act, namely:





declaration of the property as a protected environment in terms of section 28(1) of the Act;

E. AND WHEREAS the parties agreed to conclude the written agreement in terms of

section 28(3) of the Act in the form of a notarial deed and register same against the title

deed of the property; and that such an agreement will be binding on the successors in title of

the Owner;

F. AND WHEREAS the MEC wishes to assign the management of the property as a

protected environment, in terms of section 38(2) of the Act, to the Owner




of the protected environment.






clearly appears:





visa versa;





1.2.2. "Department" means the [relevant conservation agency and province];


terms of which the conservation area is declared as protected environment in

terms of section 28(1) of the Act;


management of the protected environment as defined in the Act;



ensure that the protected environment is protected, conserved and managed in

a manner which is consistent with the objectives of the Act and for the purpose

it was declared for (as defined in section 41 of the Act);


conservation agency and province];

1.2.7. " protected environment " means an area declared as such in terms of section

28(1) of the Act;




Owner;

2. DESCRIPTION OF THE CONSERVATION AREA AND THE PROPERTY

The correct description of the property is as follows:

[Copy and paste section “A” above]


The Owner hereby consents to the declaration of the conservation area as a protected

environment, in terms of section 28(1) of the Act, for a period as defined in clause 8 of this

agreement.

4. DECLARATION OF THE PROPERTY AS A PROTECTED ENVIRONMENT



property declared as a protected environment in terms of section 28(1) of the Act.

5. NAME OF THE PROTECTED ENVIRONMENT

The parties agree that the conservation area shall be known as [Name of protected

environment], further, that the MEC shall award this name to the protected environment by

notice thereof in the Provincial Gazette in terms of section 28(1) of the Act.


6.1. The MEC hereby assigns the management of the property as protected environment

to the Owner in terms of section 38(2) of the Act.

6.2. The Owner hereby accepts the appointment as Management Authority of the

protected environment.


the effective date.

7. MANAGEMENT AGREEMENT AND MANAGEMENT PLAN OF THE PROTECTED

ENVIRONMENT


concluded, enter into a further agreement in terms of which the property is to be

managed.


Agreement and will include a draft Management Plan for the property.


from the effective date, submit a Management Plan for the protected environment to

the MEC for approval by the MEC.




Management Plan;


effective management of the biodiversity of the protected environment.



agreement.








property.





















11. WITHDRAWAL OF DECLARATION OR EXCLUSION OF PART OF PROTECTED ENVIRONMENT


notice in terms of which the conservation area was declared a protected environment or as

part of an existing protected environment, as prescribed in section 29 of the Act.






















MEC:



Owner:



The Department:










the Department.

18. NO COMPENSATION






As Witnesses:

1. ___________________________ ________________________________

2. ___________________________ ________________________________

QUOD ATTESTOR

____________________________________

NOTARY PUBLIC

Appendix C5 – Management Agreement Nature Reserve (Whole Property)

PROTECTED AREA MANAGEMENT AGREEMENT

Between

[Conservation authority]of the [Province]

herein represented by [HOD/CEO]

In his capacity as Director, duly authorised hereto


And

[Name of Landowner](hereafter referred to as “the Owner”)

PREAMBLE

WHEREAS

A. WHEREAS the Owner is the registered owner of the following immovable property,

namely:

The Farm [Name] No. [number], Situated in the [Municipality], [Division], [Province];In extent: [value] Hectares;Held by Title Deed No. [number];

("the property")

B. AND WHEREAS the property or certain portions thereof has been identified as an

area worthy of being declared as a Nature Reserve, considering that the property complies

with the requirements of section 23(2) of the Act, namely:



C. AND WHEREAS the Owner and the MEC concluded a written agreement in terms of

section 23(3) of the Act in terms of which the Landowner consented to the declaration of the

property as a Nature Reserve in terms of section 23(1) of the Act;

D. AND WHEREAS the Owner was appointed as the Management Authority of the

property as a Nature Reserve, in terms of section 38(2) of the Act;

E. AND WHEREAS in terms of clause 7.1 of the agreement concluded in terms of

section 23(3) of the Act, the Owner and the Department agreed to conclude a Management

Agreement to ensure the conservation of the biodiversity on the property; and the

Department, in terms of clause 7.4 of the same agreement, undertook to assist the Owner

with the preparation of the Management Plan;






clearly appears:


1.1.1. any one gender include the other two genders;



visa versa;





1.2.2. "Department" means the [conservation authority] of the [Province];


terms of which the property is declared as Nature Reserve in terms of section

23(1) of the Act;




Authority for approval by the MEC (in terms of section 39 of the Act) in order

to ensure that the Nature Reserve is protected, conserved and managed in a

manner which is consistent with the objectives of the Act and for the purpose

it was declared for (as defined in section 41 of the Act);

1.2.6. "MEC" means Member of the Provincial Executive Council for the

[conservation authority] of the [Province];


of the Act;



2. MANAGEMENT OF PROPERTY

2.1. Objectives

The parties agree to the following management objectives in relation to the property:

2.1.1. [Insert the 5-6 most fundamental management objectives agreed to by owner

and conservation agency after initial discussions- obtain from the

management plan]

2.1.2. ###;

2.1.3. ###;

2.1.4. ###;

2.1.5. ###;

2.1.6. ###.

2.2. Management Plan

2.2.1. The Owner as Management Authority must, within a period of 12 (twelve)

months from the effective date, submit a Management Plan for the Nature

Reserve to the MEC for approval by the MEC, which Management Plan must

comply with the minimum requirements as specified in section 41 of the Act.

2.2.2. The Department undertakes to assist the Owner with the preparation of the


2.2.2.1. Providing assistance with the compilation, reviewing and auditing of the

Management Plan;

2.2.2.2. Sourcing and providing of technical information, when needed, for the


2.2.3. The Owner agrees to manage the property exclusively for the purpose for

which it was declared and in accordance with the Management Plan and any

applicable national – and provincial legislation, policies, plans or municipal by-

laws.

2.3. Monitoring and Review of the Management Plan

2.3.1. The Department shall convene a meeting with the Owner on an annual basis,

or at such earlier time should either of the parties deem it necessary, to

formally review the annual progress towards achieving the management

objectives specified in clause 2.1 above and the Management Plan.

2.3.2. The Department will present the following information to the Owner at this

meeting:

2.3.2.1. the extent to which the current Management Plan has achieved the stated

objectives of this agreement;

2.3.2.2. the extent to which the parties have complied with their respective rights

and obligations under the current Management Plan;

2.3.2.3. current and future challenges to the conservation, management and

status of the property; and

2.3.2.4. proposed amendments to the Management Plan.

2.3.3. The parties shall, by mutual agreement and with the MEC’s consent, amend

the Management Plan when necessary, which amendments shall be reduced

to writing and signed by both parties for approval by the MEC.

3. RIGHTS OF LANDOWNER IN RESPECT OF THE PROPERTY

3.1. Ownership

3.1.1. The Owner retains all rights of ownership in respect of the property.

3.1.2. The Owner warrants that the exercise of such ownership shall be consistent

with the provisions of this agreement, any regulations made by the MEC

under section 87 of the Act, municipal by-laws, the Management Plan or the

Act in general.

3.2. Access

3.2.1. The Owner and his or her family and permitted friends can access the

property provided that the access is consistent with the provisions of this

agreement, any regulations made by the MEC under section 87 of the Act,

municipal by-laws, the Management Plan or the Act in general.

4. OBLIGATIONS OF LANDOWNER IN RESPECT OF PROPERTY

4.1. Compliance with the Management Plan

The Owner shall comply with all the terms and conditions contained in the Management Plan.

4.2. Development

4.2.1. The Owner shall not construct, erect or upgrade, or allow the construction,

erection or upgrading, of any buildings, roads or structures on the property,

except as expressly provided for in the Management Plan (and subject to any

regulations published by the MEC in terms of section 87 of the Act) to further

the conservation of biodiversity on the property.

4.2.2. The Owner must obtain all necessary prior approval, permission or exemption

required in order to undertake any development contemplated in the

Management Plan.

4.3. Biodiversity

4.3.1. The Owner shall not remove or destroy, or permit the destruction or removal

of, any indigenous species on the property, save as expressly authorised

and/or required in the Management Plan.

4.3.2. The Owner shall not plant, or permit the planting of, any flora other than local

non-invasive indigenous flora on the property.

4.3.3. The Owner shall not introduce, or permit the introduction of, any non-

indigenous fauna onto the property, save as expressly authorised in the

Management Plan.

4.3.4. The Owner shall not do, or permit, any act that may adversely affect any

indigenous flora and fauna, or their habitats, on the property.

4.4. Water

4.4.1. The Owner shall not do, or permit, any act that may adversely affect the

natural state, flow, supply, quantity or quality of any water resource located on

the property, subject to the provisions of the National Water Act, 36 of 1998.

4.4.2. Any other person that may have a right to water in a public stream on the

property shall do so on such conditions prescribed by the Minister of Water

and Environmental Affairs.

4.5. Commercial Activity

4.5.1. The Owner shall not permit or consent to any prospecting, exploration, mining

or production of gas, petroleum, mineral or other substances on the property.

4.5.2. The Owner shall not permit or consent to, unless required by law, the

placement of any transmission lines, telecommunication lines, cellular towers

or public works on the property.

4.5.3. The Owner shall not subdivide, or permit the subdivision of the property.

4.5.4. The Owner shall not operate, or permit the operation of, any trade, industry or

business on the property, unless such activities are authorised in the

Management Plan.

4.6. Other Human Activities

4.6.1. The Owner shall not use, or permit the use of, motorcycles or four-wheel drive

vehicles on the property unless its use is necessary for the proper

management and/or protection of the property and/or authorised in terms of

the Management Plan.

4.6.2. The Owner shall not dump, or permit the dumping of, any waste material on

the property.

4.6.3. The Owner shall not hunt, or permit hunting, to take place on the property

unless it is necessary for the proper management of the fauna located on the

conserved area and/or specifically provided for in the Management Plan; and

the necessary permit/s have been obtained and restrictions adhered to as

required by law. In the event of conflict with predators on the property, the

Owner undertakes to deal with such problem animals in consultation with the

Department and in accordance with the provisions of the Management Plan

and/or any relevant legislation.

4.6.4. The Owner shall only permit the general public to access the property as

provided for in the Management Plan.

5. RIGHTS OF THE DEPARTMENT IN RESPECT OF THE PROPERTY

5.1. Access to the property

The Owner shall allow the Department, its employees and consultants access to the

property to fulfill its obligations under the Management Plan, which will include access to

undertake scientific research and to ensure proper management and compliance with the

provisions of the Act and the Management Plan, as well as the terms and conditions of this

agreement, on condition the Department arrange such access with the Owner by prior

notice.

5.2. Ownership of wildlife

Ownership of all wildlife and progeny on the property will be negotiated depending on their

source, population status and conservation objectives and captured in the Management

Plan. All introductions or removals of wildlife will be catered for in the Management Plan or

by agreement between the parties.

6. OBLIGATIONS OF THE DEPARTMENT IN RESPECT OF THE PROPERTY


The Department shall comply with all the terms and conditions set out in the Management

Plan.

6.2. Supervision and Technical Support

The Department shall provide any technical assistance, information and management advice

that may be required to ensure the effective conservation of the property.

6.3. Conservation Costs

The Department shall only be responsible for such costs associated with the establishment

and management of the property as a Nature Reserve, as provided for in this agreement

and/or the Management Plan.


7.1. A party to this agreement may not delegate, cede or assign any of its rights or

obligations under this agreement unless:

7.1.1. the written consent of the other party to this agreement has first being

obtained, which consent shall not be unreasonably withheld; and

7.1.2. the third party to whom the rights and/or obligations must be delegated,

ceded or assigned to, has acknowledged its acceptance of the delegation,

cession or assignment in writing to both parties to this agreement.


8.1. In the event either party commits a breach of any of the conditions hereof, and

remain in default for 30 (thirty) days after dispatch of a written notice by registered

post by the other party (as the case may be), requiring the defaulting party to

remedy such breach, the other party shall be entitled to, and without prejudice to any

other rights available at law:

8.1.1. take the necessary measures himself to remedy the breach or appoint a third

party to do so, and recover his costs in doing so from the offending party;

and/or

8.1.2. immediately demand due performance of the terms of this agreement, in

addition to damages that such party is legally entitled to; or

8.1.3. immediately cancel the agreement by means of a registered notice addressed

to the offending party, in addition to damages that such party is legally entitled

to.

8.2. The cancellation of this agreement for whatever reason, shall have no force or effect

on the legality and/or existence of the agreement concluded between the MEC, the

Department and the Owner in terms of section 23(3) of the Act, namely the

declaration of the property as a Nature Reserve.


In the event this agreement is terminated at the instance of the Department in terms of

clause 8, the Owner shall reimburse the Department for any expenditure reasonably incurred

by it in giving effect to the terms of this agreement.










Owner:



The Department:









All costs associated with the preparation and/or signing of this agreement shall be borne by

the Department.

14. DURATION

14.1. This agreement shall come into effect on the effective date and shall remain in force

for a period of ___________years, subject to the following:

14.1.1. In the event the agreement concluded between the MEC, the Department and

the Owner in terms of section 23(3) of the Act, namely the declaration of the

property as a Nature Reserve, is cancelled for any reason whatsoever; and

the declaration of the property is withdrawn in terms of section 24 of the Act,

prior to the expiry date hereof, this agreement shall automatically terminate

on the date of withdrawal, as provided for in section 24 of the Act;

14.1.2. In the event the Owner elects to sell the property prior to the expiry date

hereof, this agreement shall automatically terminate on the date of

registration of transfer of the property into the name of such purchaser.

14.2. The parties acknowledge that the expiry or automatic cancellation of this agreement

in terms of clause 14.1, shall have no force or effect on the agreement concluded

between the MEC, the Department and the Owner in terms of section 23(3) of the

Act, namely the declaration of the property as a Nature Reserve.

SIGNED AT ______________________________ ON THIS ___________ DAY OF

________________________________ 200___.

AS WITNESSES

1. ___________________________

2. ___________________________ ___________________________OWNER


________________________________ 200___.

AS WITNESSES

1. ___________________________

2. ___________________________ ___________________________DEPARTMENT

Appendix C6 – Management Agreement Nature Reserve (Portion Property)

PROTECTED AREA MANAGEMENT AGREEMENT(portion of property declared as Nature Reserve)

Between

[Conservation agency]

of the [Province]herein represented by [HOD/CEO]



And

[Name of Landowner]

(hereafter referred to as “the Owner”)

PREAMBLE

WHEREAS

A. WHEREAS the Owner is the registered owner of the following immovable

property, namely:


("the property")

B. AND WHEREAS the property or certain portions thereof has been identified

as an area worthy of being declared as a Nature Reserve, considering that the

property complies with the requirements of section 23(2) of the Act, namely:

[List features of property which characterise it as being of high conservation value-

obtain from Management Plan]

C. AND WHEREAS the Owner and the MEC concluded a written agreement in

terms of section 23(3) of the Act in terms of which the Landowner consented to the

declaration of the conservation area as a Nature Reserve in terms of section 23(1) of

the Act;

D. AND WHEREAS the Owner was appointed as the Management Authority of

the conservation area as a Nature Reserve, in terms of section 38(2) of the Act;

E. AND WHEREAS in terms of clause 7.1 of the agreement concluded in terms

of section 23(3) of the Act, the Owner and the Department agreed to conclude a

Management Agreement to ensure the conservation of the biodiversity on the

conservation area; and the Department, in terms of clause 7.4 of the same

agreement, undertook to assist the Owner with the preparation of the Management

Plan;



The headings of the clauses in the agreement are for the purpose of convenience

and reference only and shall not be used in the interpretation of nor modify nor

amplify the terms of this agreement nor any clause hereof. In this agreement, unless

a contrary intention clearly appears:




1.1.3. natural persons include created entities (with or without legal

personality) and visa versa;



1.2.1. "Act" means the National Environmental Management: Protected Areas

Act, 57 of 2003, as amended;


1.2.3. "conservation area" means the area/s depicted by the figure/s [number

of figures] on Diagram S.G. No. [number], which area/s form part of the

property;

1.2.4. "effective date" means the date of publication of the Provincial Gazette

in terms of which the conservation area is declared as Nature Reserve

in terms of section 23(1) of the Act;

1.2.5. "Management Authority" means the person or entity that is responsible

for the management of the Nature Reserve as defined in the Act;


Authority for approval by the MEC (in terms of section 39 of the Act) in

order to ensure that the Nature Reserve is protected, conserved and

managed in a manner which is consistent with the objectives of the Act

and for the purpose it was declared for (as defined in section 41 of the

Act);



1.2.8. "Nature Reserve" means an area declared as such in terms of section

23(1) of the Act;




2.1. Objectives


2.1.1. [Insert the 5-6 most fundamental management objectives agreed to by

owner and conservation agency after initial discussions- obtain from

the management plan]

2.1.2. ###;

2.1.3. ###;

2.1.4. ###;

2.1.5. ###;

2.1.6. ###.


2.2.1. The Owner as Management Authority must, within a period of 12

(twelve) months from the effective date, submit a Management Plan for

the Nature Reserve to the MEC for approval by the MEC, which

Management Plan must comply with the minimum requirements as

specified in section 41 of the Act.

2.2.2. The Department undertakes to assist the Owner with the preparation of

the Management Plan, including:

2.2.2.1. Providing assistance with the compilation, reviewing and auditing of

the Management Plan;

2.2.2.2. Sourcing and providing of technical information, when needed, for

the effective management of the biodiversity of the Nature

Reserve.

2.2.3. The Owner agrees to manage the conservation area exclusively for the

purpose for which it was declared and in accordance with the

Management Plan and any applicable national – and provincial

legislation, policies, plans or municipal by-laws.


2.3.1. The Department shall convene a meeting with the Owner on an annual

basis, or at such earlier time should either of the parties deem it

necessary, to formally review the annual progress towards achieving

the management objectives specified in clause 2.1 above and the

Management Plan.

2.3.2. The Department will present the following information to the Owner at

this meeting:

2.3.2.1. the extent to which the current Management Plan has achieved the

stated objectives of this agreement;

2.3.2.2. the extent to which the parties have complied with their respective

rights and obligations under the current Management Plan;


status of the conservation area; and


2.3.3. The parties shall, by mutual agreement and with the MEC’s consent,

amend the Management Plan when necessary, which amendments

shall be reduced to writing and signed by both parties for approval by

the MEC.

3. RIGHTS OF LANDOWNER IN RESPECT OF THE CONSERVATION AREA

3.1. Ownership

3.1.1. The Owner retains all rights of ownership in respect of the conservation

area.

3.1.2. The Owner warrants that the exercise of such ownership shall be

consistent with the provisions of this agreement, any regulations made

by the MEC under section 87 of the Act, municipal by-laws, the

Management Plan or the Act in general.

3.2. Access

3.2.1. The Owner and his or her family and permitted friends can access the

conservation area provided that the access is consistent with the

provisions of this agreement, any regulations made by the MEC under

section 87 of the Act, municipal by-laws, the Management Plan or the

Act in general.

4. OBLIGATIONS OF LANDOWNER IN RESPECT OF CONSERVATION AREA



4.2. Development

4.2.1. The Owner shall not construct, erect or upgrade, or allow the

construction, erection or upgrading, of any buildings, roads or

structures on the conservation area, except as expressly provided for

in the Management Plan (and subject to any regulations published by

the MEC in terms of section 87 of the Act) to further the conservation of

biodiversity on the conservation area.

4.2.2. The Owner must obtain all necessary prior approval, permission or

exemption required in order to undertake any development

contemplated in the Management Plan.

4.3. Biodiversity

4.3.1. The Owner shall not remove or destroy, or permit the destruction or

removal of, any indigenous species on the conservation area, save as

expressly authorised and/or required in the Management Plan.

4.3.2. The Owner shall not plant, or permit the planting of, any flora other

than local non-invasive indigenous flora on the conservation area.


indigenous fauna onto the conservation area, save as expressly

authorised in the Management Plan.

4.3.4. The Owner shall not do, or permit, any act that may adversely affect

any indigenous flora and fauna, or their habitats, on the conservation

area.

4.4. Water


the natural state, flow, supply, quantity or quality of any water resource

located on the conservation area, subject to the provisions of the

National Water Act, 36 of 1998.

4.4.2. Any other person that may have a right to water in a public stream on

the conservation area shall do so on such conditions prescribed by the

Minister of Water and Environmental Affairs.


4.5.1. The Owner shall not permit or consent to any prospecting, exploration,

mining or production of gas, petroleum, mineral or other substances on

the conservation area.


placement of any transmission lines, telecommunication lines, cellular

towers or public works on the conservation area.

4.5.3. The Owner shall not subdivide, or permit the subdivision of the

conservation area.

4.5.4. The Owner shall not operate, or permit the operation of, any trade,

industry or business on the conservation area, unless such activities

are authorised in the Management Plan.


4.6.1. The Owner shall not use, or permit the use of, motorcycles or four-

wheel drive vehicles on the conservation area unless its use is

necessary for the proper management and/or protection of the property

and/or authorised in terms of the Management Plan.

4.6.2. The Owner shall not dump, or permit the dumping of, any waste

material on the conservation area.

4.6.3. The Owner shall not hunt, or permit hunting, to take place on the

conservation area unless it is necessary for the proper management of

the fauna located on the conserved area and/or specifically provided

for in the Management Plan; and the necessary permit/s have been

obtained and restrictions adhered to as required by law. In the event of

conflict with predators on the conservation area, the Owner undertakes

to deal with such problem animals in consultation with the Department

and in accordance with the provisions of the Management Plan and/or

any relevant legislation.

4.6.4. The Owner shall only permit the general public to access the

conservation area as provided for in the Management Plan.

5. RIGHTS OF THE DEPARTMENT IN RESPECT OF THE CONSERVATION AREA

5.1. Access to the conservation area


conservation area to fulfill its obligations under the Management Plan, which will

include access to undertake scientific research and to ensure proper management

and compliance with the provisions of the Act and the Management Plan, as well as

the terms and conditions of this agreement, on condition the Department arrange

such access with the Owner by prior notice.


Ownership of all wildlife and progeny on the conservation area will be negotiated

depending on their source, population status and conservation objectives and

captured in the Management Plan. All introductions or removals of wildlife will be

catered for in the Management Plan or by agreement between the parties.

6. OBLIGATIONS OF THE DEPARTMENT IN RESPECT OF THE CONSERVATION AREA


The Department shall comply with all the terms and conditions set out in the

Management Plan.


The Department shall provide any technical assistance, information and

management advice that may be required to ensure the effective conservation of the

conservation area.


The Department shall only be responsible for such costs associated with the

establishment and management of the conservation area as a Nature Reserve, as

provided for in this agreement and/or the Management Plan.

7. RIGHTS OF OWNER IN RESPECT OF THE PRIVATE AREA

The Owner shall retain the exclusive right to occupy, use, enjoy and develop the

private area and warrants that such occupation, use, enjoyment and/or development

shall be exercised in accordance with the spirit and support of this agreement and all

applicable legislation.

8. OBLIGATIONS OF OWNER IN RESPECT OF PRIVATE AREA8.1 Development:

The Owner shall not construct or erect any buildings or other structures

in the private area without obtaining a prior written recommendation

from the Board for these buildings or structures regarding possible

impacts on the conservation area and subject to all applicable

legislation.

8.2 Minimum Impact of Activities:

The Owner shall ensure that any occupation, use, enjoyment, and/or

development on the private area shall take place in a manner that

minimizes any potential disturbance to, and adverse impacts on the

conservation area.


9.1. A party to this agreement may not delegate, cede or assign any of its rights

or obligations under this agreement unless:




ceded or assigned to, has acknowledged its acceptance of the

delegation, cession or assignment in writing to both parties to this

agreement.


10.1. In the event either party commits a breach of any of the conditions hereof,

and remain in default for 30 (thirty) days after dispatch of a written notice by

registered post by the other party (as the case may be), requiring the

defaulting party to remedy such breach, the other party shall be entitled to,

and without prejudice to any other rights available at law:

10.1.1. take the necessary measures himself to remedy the breach or

appoint a third party to do so, and recover his costs in doing so from

the offending party; and/or

10.1.2. immediately demand due performance of the terms of this

agreement, in addition to damages that such party is legally entitled to;

or

10.1.3. immediately cancel the agreement by means of a registered

notice addressed to the offending party, in addition to damages that

such party is legally entitled to.

10.2. The cancellation of this agreement for whatever reason, shall have no force

or effect on the legality and/or existence of the agreement concluded

between the MEC, the Department and the Owner in terms of section 23(3)

of the Act, namely the declaration of the conservation area as a Nature

Reserve.


In the event this agreement is terminated at the instance of the Department in terms

of clause 8, the Owner shall reimburse the Department for any expenditure

reasonably incurred by it in giving effect to the terms of this agreement.


The parties agree that they will be bound by the provisions contained in Chapter 4 of

the National Environmental Management Act 107 of 1998 (as amended) and that

any disputes of any nature which may arise at any time from this agreement will be

dealt with in accordance with the said Chapter.


The parties choose the addresses set out below as their domicilia citandi et

executandi for all purposes of this agreement and as their respective addresses for

the service of any notice required to be served on them in terms of this Agreement.

Owner:



The Department:




No variation, amendment or suspension of any of the terms of this agreement shall

be valid, and no further agreement which may conflict in any way with the terms of

this agreement shall be binding on the parties unless the variation, amendment,

suspension or conflicting agreement has been recorded in writing and signed by the

parties.


All costs associated with the preparation and/or signing of this agreement shall be

borne by the Department.

16. DURATION

16.1. This agreement shall come into effect on the effective date and shall remain

in force for a period of ___________years, subject to the following:

16.1.1. In the event the agreement concluded between the MEC, the

Department and the Owner in terms of section 23(3) of the Act, namely

the declaration of the conservation area as a Nature Reserve, is

cancelled for any reason whatsoever; and the declaration of the

conservation area is withdrawn in terms of section 24 of the Act, prior

to the expiry date hereof, this agreement shall automatically terminate

on the date of withdrawal, as provided for in section 24 of the Act;

16.1.2. In the event the Owner elects to sell the property prior to the

expiry date hereof, this agreement shall automatically terminate on the

date of registration of transfer of the conservation area into the name of

such purchaser.

16.2. The parties acknowledge that the expiry or automatic cancellation of this

agreement in terms of clause 16.1, shall have no force or effect on the

agreement concluded between the MEC, the Department and the Owner in

terms of section 23(3) of the Act, namely the declaration of the conservation

area as a Nature Reserve.


________________________________ 200___.

AS WITNESSES

1. ___________________________

2. ___________________________ ___________________________OWNER


________________________________ 200___.

AS WITNESSES

1. ___________________________

2. ___________________________ ___________________________DEPARTMENT

ANNEXURE “A”

DIAGRAM OF “CONSERVATION AREA”

Appendix C7 – Management Agreement Protected Environment

PROTECTED AREA MANAGEMENT AGREEMENT

Between

[Conservation authority]

of the [Province]herein represented by [HOD/CEO]



And

[Name of Landowner]

(hereafter referred to as “the Owner”)

PREAMBLE

WHEREAS

A. WHEREAS the Owner is the registered owner of the following immovable

property, namely:


("the property")

B. AND WHEREAS the property or certain portions thereof has been identified

as an area worthy of being declared as a Protected Environment, considering that

the property complies with the requirements of section 28(2) of the Act, namely:

[List features of property which characterise it as being of high conservation value-

obtain from Management Plan]

C. AND WHEREAS the Owner and the MEC concluded a written agreement in

terms of section 28(3) of the Act in terms of which the Landowner consented to the

declaration of the property as a Protected Environment in terms of section 28(1) of

the Act;

D. AND WHEREAS the Owner was appointed as the Management Authority of

the property as a Protected Environment, in terms of section 38(2) of the Act;

E. AND WHEREAS in terms of clause 7.1 of the agreement concluded in terms

of section 28(3) of the Act, the Owner and the Department agreed to conclude a

Management Agreement to ensure the conservation of the biodiversity on the

property; and the Department, in terms of clause 7.4 of the same agreement,

undertook to assist the Owner with the preparation of the Management Plan;



The headings of the clauses in the agreement are for the purpose of convenience

and reference only and shall not be used in the interpretation of nor modify nor

amplify the terms of this agreement nor any clause hereof. In this agreement, unless

a contrary intention clearly appears:




1.1.3. natural persons include created entities (with or without legal

personality) and visa versa;



1.2.1. "Act" means the National Environmental Management: Protected Areas

Act, 57 of 2003, as amended;


1.2.3. "effective date" means the date of publication of the Provincial Gazette

in terms of which the property is declared as Protected Environment in

terms of section 28(1) of the Act;

1.2.4. "Management Authority" means the person or entity that is responsible

for the management of the Protected Environment as defined in the

Act;


Authority for approval by the MEC (in terms of section 39 of the Act) in

order to ensure that the Protected Environment is protected, conserved

and managed in a manner which is consistent with the objectives of the

Act and for the purpose it was declared for (as defined in section 41 of

the Act);



1.2.7. " Protected Environment " means an area declared as such in terms of





2.1. Objectives


2.1.1. [Insert the 5-6 most fundamental management objectives agreed to by

owner and conservation agency after initial discussions- obtain from

the management plan]

2.1.2. ###;

2.1.3. ###;

2.1.4. ###;

2.1.5. ###;

2.1.6. ###.


2.2.1. The Owner as Management Authority must, within a period of 12

(twelve) months from the effective date, submit a Management Plan for

the Protected Environment to the MEC for approval by the MEC, which

Management Plan must comply with the minimum requirements as

specified in section 41 of the Act.

2.2.2. The Department undertakes to assist the Owner with the preparation of

the Management Plan, including:

2.2.2.1. Providing assistance with the compilation, reviewing and auditing of

the Management Plan;

2.2.2.2. Sourcing and providing of technical information, when needed, for

the effective management of the biodiversity of the Protected

Environment.

2.2.3. The Owner agrees to manage the property exclusively for the purpose

for which it was declared and in accordance with the Management Plan

and any applicable national – and provincial legislation, policies, plans

or municipal by-laws.


2.3.1. The Department shall convene a meeting with the Owner on an annual

basis, or at such earlier time should either of the parties deem it

necessary, to formally review the annual progress towards achieving

the management objectives specified in clause 2.1 above and the

Management Plan.

2.3.2. The Department will present the following information to the Owner at

this meeting:

2.3.2.1. the extent to which the current Management Plan has achieved the

stated objectives of this agreement;

2.3.2.2. the extent to which the parties have complied with their respective

rights and obligations under the current Management Plan;


status of the property; and


2.3.3. The parties shall, by mutual agreement and with the MEC’s consent,

amend the Management Plan when necessary, which amendments

shall be reduced to writing and signed by both parties for approval by

the MEC.

3. RIGHTS OF LANDOWNER IN RESPECT OF THE PROPERTY

3.1. Ownership

3.1.1. The Owner retains all rights of ownership in respect of the property.

3.1.2. The Owner warrants that the exercise of such ownership shall be

consistent with the provisions of this agreement, any regulations made

by the MEC under section 87 of the Act, municipal by-laws, the

Management Plan or the Act in general.

3.2. Access

The Owner and his or her family and permitted friends can access the

property provided that the access is consistent with the provisions of this

agreement, any regulations made by the MEC under section 87 of the Act,

municipal by-laws, the Management Plan or the Act in general.

4. OBLIGATIONS OF LANDOWNER IN RESPECT OF PROPERTY



4.2. Development

4.2.1. The Owner shall not construct, erect or upgrade, or allow the

construction, erection or upgrading, of any buildings, roads or

structures on the property, except as expressly provided for in the

Management Plan (and subject to any regulations published by the

MEC in terms of section 87 of the Act) to further the conservation of

biodiversity on the property.

4.2.2. The Owner must obtain all necessary prior approval, permission or

exemption required in order to undertake any development

contemplated in the Management Plan.

4.3. Biodiversity

4.3.1. The Owner shall not remove or destroy, or permit the destruction or

removal of, any indigenous species on the property, save as expressly

authorised and/or required in the Management Plan.

4.3.2. The Owner shall not plant, or permit the planting of, any flora other

than local non-invasive indigenous flora on the property.


indigenous fauna onto the property, save as expressly authorised in

the Management Plan.


any indigenous flora and fauna, or their habitats, on the property.

4.4. Water


the natural state, flow, supply, quantity or quality of any water resource

located on the property, subject to the provisions of the National Water

Act, 36 of 1998.

4.4.2. Any other person that may have a right to water in a public stream on

the property shall do so on such conditions prescribed by the Minister

of Water and Environmental Affairs.


4.5.1. Subject to the provisions of section 48 of the Act, the Owner shall not

permit or consent to any prospecting, exploration, mining or production

of gas, petroleum, mineral or other substances on the property.


placement of any transmission lines, telecommunication lines, cellular

towers or public works on the property.

4.5.3. The Owner shall not subdivide, or permit the subdivision of the

property.

4.5.4. The Owner shall not operate, or permit the operation of, any trade,

industry or business on the property, unless such activities are

authorised in the Management Plan.


4.6.1. The Owner shall not use, or permit the use of, motorcycles or four-

wheel drive vehicles on the property unless its use is necessary for the

proper management and/or protection of the property and/or authorised

in terms of the Management Plan.

4.6.2. The Owner shall not dump, or permit the dumping of, any waste

material on the property.

4.6.3. The Owner shall not hunt, or permit hunting, to take place on the

property unless it is necessary for the proper management of the fauna

located on the conserved area and/or specifically provided for in the

Management Plan; and the necessary permit/s have been obtained

and restrictions adhered to as required by law. In the event of conflict

with predators on the property, the Owner undertakes to deal with such

problem animals in consultation with the Department and in

accordance with the provisions of the Management Plan and/or any

relevant legislation.

4.6.4. The Owner shall only permit the general public to access the property

as provided for in the Management Plan.

5. RIGHTS OF THE DEPARTMENT IN RESPECT OF THE PROPERTY

5.1. Access to the property


property to fulfill its obligations under the Management Plan, which will include

access to undertake scientific research and to ensure proper management and

compliance with the provisions of the Act and the Management Plan, as well as the

terms and conditions of this agreement, on condition the Department arrange such

access with the Owner by prior notice.


Ownership of all wildlife and progeny on the property will be negotiated depending

on their source, population status and conservation objectives and captured in the

Management Plan. All introductions or removals of wildlife will be catered for in the

Management Plan or by agreement between the parties.

6. OBLIGATIONS OF THE DEPARTMENT IN RESPECT OF THE PROPERTY


The Department shall comply with all the terms and conditions set out in the

Management Plan.


The Department shall provide any technical assistance, information and

management advice that may be required to ensure the effective conservation of the

property.


The Department shall only be responsible for such costs associated with the

establishment and management of the property as a Protected Environment, as

provided for in this agreement and/or the Management Plan.


7.1. A party to this agreement may not delegate, cede or assign any of its rights

or obligations under this agreement unless:




ceded or assigned to, has acknowledged its acceptance of the

delegation, cession or assignment in writing to both parties to this

agreement.


8.1. In the event either party commits a breach of any of the conditions hereof,

and remain in default for 30 (thirty) days after dispatch of a written notice by

registered post by the other party (as the case may be), requiring the

defaulting party to remedy such breach, the other party shall be entitled to,

and without prejudice to any other rights available at law:

8.1.1. take the necessary measures himself to remedy the breach or appoint

a third party to do so, and recover his costs in doing so from the

offending party; and/or

8.1.2. immediately demand due performance of the terms of this agreement,

in addition to damages that such party is legally entitled to; or

8.1.3. immediately cancel the agreement by means of a registered notice

addressed to the offending party, in addition to damages that such

party is legally entitled to.

8.2. The cancellation of this agreement for whatever reason, shall have no force

or effect on the legality and/or existence of the agreement concluded

between the MEC, the Department and the Owner in terms of section 28(3)

of the Act, namely the declaration of the property as a Protected

Environment.


In the event this agreement is terminated at the instance of the Department in terms

of clause 8, the Owner shall reimburse the Department for any expenditure

reasonably incurred by it in giving effect to the terms of this agreement.


The parties agree that they will be bound by the provisions contained in Chapter 4 of

the National Environmental Management Act 107 of 1998 (as amended) and that

any disputes of any nature which may arise at any time from this agreement will be

dealt with in accordance with the said Chapter.


The parties choose the addresses set out below as their domicilia citandi et

executandi for all purposes of this agreement and as their respective addresses for

the service of any notice required to be served on them in terms of this Agreement.

Owner:



The Department:




No variation, amendment or suspension of any of the terms of this agreement shall

be valid, and no further agreement which may conflict in any way with the terms of

this agreement shall be binding on the parties unless the variation, amendment,

suspension or conflicting agreement has been recorded in writing and signed by the

parties.


All costs associated with the preparation and/or signing of this agreement shall be

borne by the Department.

14. DURATION

14.1. This agreement shall come into effect on the effective date and shall remain

in force for a period of ___________years, subject to the following:

14.1.1. In the event the agreement concluded between the MEC, the

Department and the Owner in terms of section 28(3) of the Act, namely

the declaration of the property as a Protected Environment, is

cancelled for any reason whatsoever; and the declaration of the

property is withdrawn in terms of section 29 of the Act, prior to the


date of withdrawal, as provided for in section 29 of the Act;

14.1.2. In the event the Owner elects to sell the property prior to the


date of registration of transfer of the property into the name of such

purchaser.

14.2. The parties acknowledge that the expiry or automatic cancellation of this

agreement in terms of clause 14.1, shall have no force or effect on the

agreement concluded between the MEC, the Department and the Owner in

terms of section 28(3) of the Act, namely the declaration of the property as a

Protected Environment.


________________________________ 200___.

AS WITNESSES

1. ___________________________

2. ___________________________ ___________________________OWNER


________________________________ 200___.

AS WITNESSES

1. ___________________________

2. ___________________________ ___________________________DEPARTMENT

Appendix DConservation area registration form

[Insert relevant provincial letterhead]

APPLICATION TO REGISTER A CONSERVATION AREA SITEON A SINGLE PROPERTY

INTRODUCTION

A Conservation Area is an informally protected area, which is voluntarily committed to prescribed Stewardship Programme Criteria and registered with the Provincial Conservation Authority. The Conservation Agency acknowledges the need for support to Conservation Areas but that there are currently limited resources for such sites that do not have legal conservation status.

DEFINITION

A Conservation Area is a selected portion of a property, or an entire property that is voluntarily conserved and managed by its owner/s (and / or user groups), in respect of which registration is granted by the Provincial Conservation Agency.

REGISTRATION CRITERIA, OBJECTIVES & TERMINATION

To qualify, the site should:1- retain the essence of its natural character,2- be clear of alien species (plant or animal), or have a programme in place to

control them.3- Have a rehabilitation programme in place if necessary.

The Conservation Area objectives and management requirements must be agreed to by the landowner and adhered to in order for the site to be officially registered as a Conservation Area.

A landowner must be committed to the conservation of biodiversity, by means of the following:

a) Strive to maintain the integrity of the natural environment, by not participating in or permitting any act that may adversely affect any indigenous flora and fauna, or other natural systems in the conservation site.

b) Utilise natural resources sustainably (i.e. in a way that does not compromise the ability of future generations to benefit from those resources).

c) Strive to promote the ecological processes that sustain the natural environment and its biodiversity or remove / mitigate impediments thereto.

d) Co-operate with the relevant authorities in respect of the management of the conservation site, including the implementation of any legislation applicable to the whole or part of the conservation area.

e) Abide by the various laws, regulations and policies laid down by competent authorities in the province to protect biodiversity and the natural environment.

The landowner must inform the stewardship programme of any changes to the status of the site such as ownership or management changes. Furthermore, the landowner must provide

the relevant conservation authority 60 days written notice of the intent to terminate the “conservation area” status of the site.

The conservation authority retains the right to terminate the conservation area status of a site. Actions that may lead to the termination of conservation area status include:

Inappropriate development. Non-adherence to management objectives and requirements. Altering the natural character of the area. Non-sustainable use of the land.

DETAILS OF CONSERVATION AREA (to be completed with conservation authority assistance)

Attach 1:10 000 (or 1:50 000 if appropriate) maps showing where each of the sites on the property are located.

List and describe the areas as follows:

Area description Vegetation type (according to latest SA vegetation type map) Size (ha)

GPS co-ordinates of

centre of area

Area 1:

Area 2:

Area 3:

Area 4:

Is the proposed site a locality for any rare or endangered species?

Yes No

Are there any important concentrations of plants and animals present?

Yes No

Does the site contribute to ecosystem services?

Yes No

REQUIRED SITE MANAGEMENT

Describe any management requirements for the site:

……………………………………………………………………………………………………………

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APPLICATION BY LANDOWNER

I ______________________________________________(name of landowner) hereby

apply for registration of a Conservation Area on a total of ___________ hectares of land, on

behalf of the farm8 _________________________________________________, referred to

as ___________________________________________ (current farm name).

I declare that I will to the best of my ability, ensure that the above objectives are adhered to.

______________________________________ ______________________Signature Date

CONTACT DETAILS

Landowner:

Name: Telephone:

Physical Address: Cell:

Postal Address: Email:

Property Manager:

Name: Telephone:

Physical Address: Cell:

Postal Address: Email:

8 property name and erf number as it appears on title deed

For official use only

Recommended for registration

___________________ ________________________________ ____________Signature Conservation Services Date

___________________ ________________________________ _____________Signature Manager Date

___________________ ________________________________ ______________Signature Head of Department/CEO Date

Appendix EPro forma Management Plan

IT IS PROPOSED THAT: (i) This document is a supplementary document to the “Guidelines for the Development of

Management Plans” (Cowan/DEAT, 2006), and therefore(ii) It will be adopted by DEA as its reference point when approving / reviewing management plans for

biodiversity stewardship sites on private and communal lands.

BIODIVERSITY STEWARDSHIP SABIODIVERSITY STEWARDSHIP SAMANAGEMENT PLANS

FOR PROTECTED AREAS ON PRIVATE AND COMMUNAL LANDS

PROFORMA AND GUIDELINES

TABLE OF CONTENTS

Table of Contents.............................................................................................................................2

1 Introduction – SUGGESTED APPROACH.....................................................................................3

1.1 Purpose of Management Plan & Protected Areas 41.2 Other Legislative Requirements 5

1.2.1 Management Authorities 51.2.2 Preparation of a Management Plan – Section 39 51.2.3 Content of a Management Plan (Mandatory and Optional sections) 6

2 Management Plan Format.........................................................................................................1

PART A

Part 1 - description 21. Introduction 22. Description of landholdings and ownership 23. Purpose, Vision and Significance / Value 3

Part 2 – Management policy framework 34. Administrative and legal framework for the Management Authority 35. Protected Area Management Policy Framework 36. Development plan 67. Costing Plan (Business Plan) 6

Part 3 – Monitoring and Auditing 78. Monitoring & Auditing 7

Part 4 - Appendices89. Appendices 8

PART B

Part 5 – MANAGEMENT SCHEDULE 910.Programme of Implementation 9

DRAFT - BSSA IMP Format – August 2009 2

Introduction – SUGGESTED APPROACH

Where does this document apply and not apply?This document outlines a proposed format for the development of an Integrated Management Plan for Biodiversity Stewardship sites. The focus is on Nature Reserves and Protected Environments, key protected area categories of the biodiversity stewardship framework. For Biodiversity Management Agreements, it is proposed that these guidelines will apply UNTIL specific, separate guidelines are produced for Biodiversity Management Agreements, ito the NEM: Biodiversity Act. However, the biodiversity stewardship practitioner must ensure that the requirements for Biodiversity Management Agreements contained in the NEM:BA are also addressed, where they are in addition to the requirements for protected areas.

This document does NOT address the management planning requirements for World Heritage Sites, National Parks and Special Nature Reserves. This is more than adequately addressed in the DEA guidelines (Cowan/DEAT 2006). In addition, this document does NOT address the situation where private or communal landowners are contracted in the expansion of World Heritage Sites, National Parks and Special Nature Reserves, in terms of the totally different management plan requirements from such contractual arrangements. In addition, it does NOT address any management plan requirements for Co-management. Please refer to the relevant section in DEA for these requirements.

Relationship with DEA’s Guideline on Management PlansThe mandatory and other requirements for Management Plans, as stated in the NEM:PAA and NEM:BA, are important to address. However, it is suggested that the “Guideline for the Development of Management Plans” (Cowan/DEAT, 2006) appears to be applicable for the management of State Protected Areas. It is further proposed that these DEA Guidelines are a good starting point for managing complex, large-scale State Protected Areas, and where the State as the management authority are directly accountable for spending of public funds. These Guidelines are very detailed and they would, in all likelihood, intimidate landowners if they were subjected to the same requirements or if they had to work their way through such detail to determine what is applicable to them. This could have negative implications for securing biodiversity stewardship agreements with private and communal landowners, including increased costs in producing management plans to meet these requirements, and the risk of landowners not entering into biodiversity stewardship agreements due to the perceived burdensome administrative requirements.

These guidelines, as a proposed supplementary document to the Cowan/DEAT 2006 document, therefore contain a focused, simple management plan proforma, with an emphasis on the absolute minimum legal, policy and best practice requirements for management plans. This proforma and guidelines document ensures that all relevant legislative requirements are met, that the biodiversity is secured (ito the core objectives of the biodiversity stewardship site in question) and that the incentives from Treasury / SARS can be secured and maintained (with the obvious links to a good monitoring and auditing system for each declared protected area). In this way, this simple and focused proforma document can be used as the starting point for developing management plans with landowners. If needed, the management plans can become more complex if the context is complex (e.g. large scale, multiple landowners, multiple biodiversity features, multiple threats), or if the proposed landowner is going to be part of a contractual

national park arrangements, World Heritage Site expansion or provincial state nature reserve expansion exercise.


Box 1What Parts of the IMP should be submitted to the MEC?

• What should go to the MEC for a management plan?– The IMP is a high-level, 5-year document, outlining the overall policy framework for the

protected area, highlighting the Purpose, Significance and Management Objectives.– In terms of the Proforma template, this is Part A.– Part 5 is the Plan of Implementation, which is the detailed activitiy plan, which details the

daily management activities of the protected area. This should be reviewed annually, and therefore is not submitted to the MEC. The annual audit is carried out on this part of the Management Plan.

Purpose of Management Plan & Protected Areas

According to the National Environmental Management: Protected Areas Act (no. 57 of 2003) management authorities of protected areas are required, in terms of section 39, to submit a management plan to the Minister or MEC for approval within 12 months of the assignment.

In requiring management plans from management authorities for the Minister’s / MEC’s approval the purpose of the National Environmental Management: Protected Areas Act, 2003 is primarily:

To ensure the protected area is managed according to the reason it was declared; To provide a tool for assessing the success of that management; To provide a mechanism for determining budgets for the protected area; To provide a mechanism to review periodically the plan in terms of the assessment.

This document provides guidance for the development of management plans for protected areas in terms of the National Environmental Management: Protected Areas Act, 2003, as it relates to Stewardship sites, i.e. private or communally-owned properties that are being declared nature reserves, or protected environments. In so doing, this management plan framework provides guidelines for the development of management plans for protected areas in terms of sections 41, 42, 46, 47, 48 and 50 of the National Environmental Management: Protected Areas Act (Act 57 of 2003) as well as sections 45 and 76 of the National Environmental Management: Biodiversity Act (Act 10 of 2004).

The Purpose of a Management Plan is as follows: Provide a tool to guide the management of a protected area at all levels, from the ground

level to the Minister / MEC. In this way, it will ensure consistency of management, even when key members of a management team do change;

To provide a policy framework and an appropriate programme of action to ensure effective management of the protected area;

To provide a sound motivation and justification for budgets required to ensure the effective management of the protected area;

To build accountability into the management of protected areas, through an effective monitoring and auditing approach based on measurable and meaningful indicators. This would include a performance management system for staff and for the biodiversity stewardship contractual arrangements;

To provide for capacity building and future thinking; To enable the management authority to meet the requirements of Section 40 of NEM:PAA

(1) The management authority must manage the area-(a) exclusively for the purpose for which it was declared; and(b) in accordance with-

(i) the management plan for the area;(ii) this Act, the Biodiversity Act, the National Environmental Management Act and anyother applicable national legislation; (iii) any applicable provincial legislation, in the case of a provincial protected area; and (iv) any applicable municipal by-laws, in the case of a local protected area.

The Object of a Management Plan is to ensure the protection, conservation and management of the protected area … in a manner which is consistent with the objectives of the Act and for the purpose for which it was declared (section 41 (1)).

The purpose of declaring protected areas are set out in section 17 of the Act as follows:


(a) to protect ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes in a system of protected areas;

(b) to preserve the ecological integrity of those areas;(c) to conserve biodiversity in those areas;(d) to protect areas representative of all ecosystems, habitats and species naturally occurring in South

Africa;(e) to protect South Africa’s threatened or rare species; (f) to protect an area which is vulnerable or ecologically sensitive;(g) to assist in ensuring the sustained supply of environmental goods and services;(h) to provide for the sustainable use of natural and biological resources;(i) to create or augment destinations for nature-based tourism;(j) to manage the interrelationship between natural environmental biodiversity, human settlement and

economic development;(k) generally, to contribute to human, social, cultural, spiritual and economic development; or(l) to rehabilitate and restore degraded ecosystems and promote the recovery of endangered and

vulnerable species.

Other Legislative Requirements

The Legislative Framework for the management of protected areas has several other requirements in terms of the preparation and implementation of management plans for protected areas. These requirements are interpreted in the context of protected areas developed on private and communal land, managing the balance between meeting the minimum requirements and meeting national and international best practice for protected area management.

The crucial difference is ultimately the public accountability of state protected areas, in their use of public / government funding for protected area establishment and management. This is directly in contrast to the important need to protect the rights of the private and communal landowners, in terms of retaining their independence of decision-making around land use management, obviously subject to general environmental, developmental and other legislative requirements. Of course, it must be stated that if public funds are spent on these private and communal lands, then it must be accompanied by relevant contractual requirements for effective monitoring of how these funds are spent, and their catalytic impact.

Management Authorities

The Minister or MEC assigns in writing the management of a special nature reserve, national park or nature reserve to a management authority, in terms of section 38 of the Act. It should be noted that in terms of Section 38(4) – Marine and terrestrial protected areas with common boundaries must be managed as an integrated protected area by a single management authority.

As the Minister is responsible for both the National Environmental Management: Protected Areas Act, 2003 and the Marine Living Resources Act, 1998, the appointment of one authority will be done in terms of both Acts.

It is proposed, for the purposes of ensuring an effective Biodiversity Stewardship Programme that both Nature Reserves and Protected Environments must have a Management Authority assigned. At present, the legislation makes this a mandatory requirement for Nature Reserves only (Section 38(2)), but only a requirement that needs to be considered for Protected Environments.

It is therefore proposed, as part of the Best Practice Guidelines for Biodiversity Stewardship Programmes, that a Management Authority is assigned to Protected Environments. Preferably, this should be done by the relevant MEC or Minister, but if needed, it should form part of the relevant contractual arrangements with the landowner where, by the content of the agreement, there is a recognised Management Authority for the relevant Protected Environment.

Preparation of a Management Plan – Section 39

The management authority is obliged to develop and submit a management plan for approval.

In terms of Section 39 –


(2) The management authority … must, within 12 months of the assignment, submit a management plan for the protected area to the Minister or MEC for approval.

Once the management plan has been approved by the Minister or MEC, management of the protected area will be measured against that management plan.

Consultation is important. However it should be noted that consultation should not develop expectations that any group may have final say or control of issues that are decided on at a different level. Consultation is aimed at getting support for activities of the management authority, especially those which may have a direct effect on the group being consulted. The consultation process must not hold the planning process to ransom, therefore consultation must be controlled, and issues which are for information only must be identified versus those issues for comment or for discussion. Note Section 47B of the National Environmental Management Act, 1998 provides for consultation by the Minister or the MEC. Consultation will provide the basis for developing the section in the management plan required by Section 41(2)(e).

Section 39 (3) When preparing a management plan for a protected area, the management authority concerned must consult municipalities, other organs of state, local communities and other affected parties which have an interest in the area.

Section 41 (2) A management plan must contain at leas -(e) procedures for public participation, including participation by the owner (if applicable),

any local community or other interested party;

The Local Government: Municipal Systems Act (Act 32 of 2000) requires that each municipality prepares an integrated development plan (IDP) for their area of jurisdiction including a spatial development framework (SDF) for the whole municipality. The management plan must both be informed by, and in turn inform both the IDP and the SDF. If these are not ready, the management plan will have to acknowledge that this is a process to be completed and ideally contribute towards its completion.

Section 39 (4) A management plan must take into account any applicable aspects of the integrated development plan of the municipality in which the protected area is situated.

Content of a Management Plan (Mandatory and Optional sections)

The following indicates the components that MUST be included in the Management Plan:

In terms of section 41 (2) of the Act, a management plan MUST contain at least – (a) the terms and conditions of any applicable biodiversity management

plan;(b) a coordinated policy framework(c) such planning measures, controls and performance criteria as may be prescribed;(d) a programme for the implementation of the plan and its costing(e) procedures for public participation by the owner (if applicable), any local

community or other interested party;(f) where appropriate, the implementation of community based natural resource

management;(g) a zoning of the area, indicating what activities may take place in different sections

of the area, and the conservation objectives of those sections.

Additional aspects –


1.2.3.1.1 Monitoring -

Monitoring (Section 43) -43. Performance indicators.—(1) The Minister may establish indicators for monitoring performance with regard to the management of national protected areas and the conservation of biodiversity in those areas.(2) The MEC may establish indicators for monitoring performance with regard to the management of provincial and local protected areas and the conservation of biodiversity in those areas.(3) The management authority of a protected area MUST —

(a) monitor the area against the indicators set in terms of subsection (1) or (2); and(b) annually report its findings to the Minister or MEC, as the case may be, or a person

designated by the Minister or MEC.

RECOMMENDATION – each Management Plan must have a monitoring programme with linkages to auditing requirements.

1.2.3.1.2 Invasive species plan -

In addition, in terms of Section 76(1) of the National Environmental Management: Biodiversity Act the management authority must incorporate into the management plan an invasive species control and eradication strategy.

Invasive species control plans of organs of state

76. (1) The management authority of a protected area preparing a management plan for the area in terms of the Protected Areas Act must incorporate into the management plan an invasive species control and eradication strategy.

The following indicates the components that MAY be included in the Management Plan:

In terms of Section 41 (3) of the Act, a management plan may contain –1. Development of economic opportunities within and adjacent to the protected

area in terms of the integrated development plan framework;2. Development of local management capacity and knowledge exchange,3. Financial and other support to ensure effective administration and

implementation of the co-management agreement, and;4. Any other relevant matter.


Management Plan Format

The purpose of this section is to unpack the legislative and relevant best practice requirements into a Management Plan Template or Proforma. It is proposed that all biodiversity stewardship management plans should adhere to the relevant legislative requirements, but should also ensure context specific application of these requirements.

In summary, the Management Plan should be focused and simple to develop and implement. In this regard, the following Proforma is suggested.

PART NUMBER SECTION AND SUBSECTIONS

Best Practic

e

Protected Areas BAsMust

haveMay have

PART A

Part 1Descripti

on

• Introduction Optional • Description of landholdings and

ownershipCompulso

ry

– General description property (title deed information), landscape context, physical and biological environment, and socio-political context

Compulsory

• Purpose, Vision / Mission, Significance / Value

Compulsory

S.40 (&17)

Part 2Management policy framewor

k

• Administrative and Legal Framework for the Management Authority

Compulsory S38

– Administration Framework/Structure focused on Management Authority,

Compulsory S38

– Legal/policy framework, – linkages to IDPs & SDFs,

Compulsory

S.41(2)

S.41(3)

– Procedures for public participation with I&APs

Compulsory

S. 41(2)

• Protected Area Policy Framework & guiding management principles

Compulsory

S.41(2)

– Management Objectives Compulsory

S.41(2)

– Threats analysis Optional– Quantitative Biodiversity goals Optional – Protected Area management policy

frameworkCompulso

ryS.41(2

)– Details of any Biodiversity

Management PlanCompulso

ryS.41(2

)

– CBNRM Compulsory

S.41(2)

– Invasive species control strategy (meet requirements of S.76 of NEM:BA)

Compulsory

S.41(2)

– Development of local management capacity & knowledge exchange

Optional S.41(3)

– Strategic Research and Monitoring

Compulsory

– Zonation plan (including permissible and non-permissible activities)

Compulsory

S.41(2)

• Development Plan Optional S.41(3)

• Costing Plan– Business Plan with costings, budgets,

etc

Compulsory

S.41(2)

S.41(3)


– Development of economic activities

Part 3Monitorin

g & Auditing

• Monitoring & Auditing – controls and performance criteria– Audit procedure (Monitor with

indicators)– Annual Reporting– 5-year review– Biodiversity monitoring

Compulsory

S.41(2)

S.43S.43

Part 4Appendic

es• Appendices – maps, species lists,

supporting docs.Compulso

ryS.41(2

)

PART BPart 5

Management

Schedule

• Programme of Implementation– Management Programmes - Annual

Plans of Operation– Annual Management Schedule– Annual Audit Procedure

Compulsory

S.43(3)

PART A (this is the section of the Management Plan which gets submitted to the MEC)

Part 1 - description

1. Introduction

This should include a background to the protected area, a general description of context (1 page max., be brief, detail in appendices where needed, bioregional / landscape context, farm description and landowner details).

This section and its subsections can range from simple descriptions that are just enough to satisfy management requirements, through to exhaustive descriptions that can serve other purposes, such as staff training and suchlike.

2. Description of landholdings and ownership

2.1 Property details and title deed informationThis section should provide details of the property involved, including: Property description (according to title deed

description); Title deed reference number; Survey General diagram number – a copy of the SG

diagram should appear in an appendix.

2.2 Landscape perspective – this should include a description of the properties importance in terms of its landscape position, how it links to other Protected Areas, any relevant Protected Area expansion plan, proximity to conservancies, relevance as a corridor, buffer to a Protected Area, etc.

2.3 Physical environment – a short description of the relevant physical environment, using the following headings2.3.1 Climate2.3.2 Topography and terrain morphology2.3.3 Geology, geomorphology, soils and land types2.3.4 Hydrology and aquatic systems


2.4 Biological environment – a short description of the relevant biological environment of the property. For each heading the following should be included where relevant – description, conservation status, current area / population size, conservation target.2.4.1 Vegetation2.4.2 Mammals2.4.3 Birds2.4.4 Amphibians and reptiles2.4.5 Invertebrates2.4.6 Aquatic organisms

2.5 Socio-political context 2.5.1 History – where relevant, a short background to the property, giving political or socio-economic context.

3. Purpose, Vision and Significance / Value

3.1 Purpose of the Protected Area

This section should be exactly the same as in the Declaration Agreement contract.

This should be a brief statement outlining why the Protected Area has been set aside or proclaimed. Some examples:

The protection and maintenance of a viable breeding population of Oribi antelope.

The protection of Mistbelt Grassland. The protection and maintenance of a full suite of historically occurring

herbivores and predators and the ecosystems on which they rely for their survival.

For the protection of a landscape of unique beauty and cultural heritage resources.

The purposes of a protected area are described in Chapter 3, section 17 of the National Environmental Management: Protected Areas Act. The Management Plan must state the relevant criteria in Section 17 that are used to establish the purpose of this Protected Area.

3.2 Vision and Mission

The vision should take the form of a long-term inspirational and aspirational statement. The Mission is a more objective statement of what needs to be achieved in the 5-year lifespan of the Management Plan. In this section, the management philosophy should also be outlined so that it sets the tone for the Management Plan.

3.3 Significance of property (biodiversity, heritage & social)

This section will be completed primarily by stewardship staff, in consultation with regional ecologists and, where applicable relevant stakeholders. This will primarily be the section that describes why the property is important to the Biodiversity Stewardship Programme, and should be taken from the Biodiversity Stewardship assessment form.

Part 2 – Management policy framework


4. Administrative and legal framework for the Management Authority

4.1 Legal Framework - this section should contain a brief description of any policies, laws, etc., that may be relevant to the Protected Area. Only policies / laws that are directly applicable should be included here, and not a complete exposé of every policy and law that has any vague connection with Protected Area management.

4.2 Administrative Framework – this section outlines the administrative structure of the Management Authority, the reporting structure and the process taken to make management decisions. This section should also highlight the role of the conservation agency, i.e. any advisory forum that is established.

5. Protected Area Management Policy Framework

This section includes the following:• Management Objectives• A Threats analysis to achieving these objectives• Quantitative biodiversity goals• Management Policies and Principles (of the

Management Authority and protected area)• Zonation (of the protected area)

5.1 Management objectives

In this section, the Vision and Mission is translated into individual objectives. The management objectives should be listed in priority order and should correspond to those listed in the Declaration Agreement contract. Care must be taken when setting management objectives that these objectives do not conflict with the Vision. The objectives should be listed succinctly and in priority order. They should:

Be precise and specific. Be achievable and realistic. Be time-related. Be measurable. Reflect the purpose, significance and values. Spell out ends, not means. Adequately address the issues. Give the rationale behind them. Should not be written in “flowery”, wordy language that is designed to

impress.

5.2 Threat analysis

It is important that any factors that may frustrate the achievement of objectives are identified so that specific actions may be taken to mitigate those threats. These are not the specific threats that face the Protected Area, which are dealt with in the management programme section. They are rather larger socio-economic, political and infrastructural issues that are out of the direct control of the landowner.

Only those threats that are specific to the Protected Area need to be included and described, some of which may include the following:1. Institutional


2. Political3. Crime/corruption4. Lack of leadership

5.3 Quantitative biodiversity goals

This section should focus on the identification and setting of quantitative biodiversity goals for the key biodiversity features (identified in the Significance / Value section) on the property (this should be restricted to those features for which realistic goals can be set over the 5-year period).

5.4 Protected Area policy framework and guiding management principles

This section must focus on the identification and explanation of the specific management programmes, developing policy statements for each. These should include:

o Financial and Human Resourceso Community Participationo Security and safetyo Biodiversity Conservation Management

Describe the management policy of the Protected Area, and should include the following aspects as an example:

Community based natural resource management Any applicable Biodiversity Management Plan Fire Management Catchment management Soil erosion and control Alien species management – an Invasive Species Control and

Eradication Strategy must be developed here (according to section 76 of the NEMBA)

Species introductionso Strategic Research

Note: Section 76 of the NEM:BA refers to the need for an Invasive Species Control and Eradication Strategy:-

In terms of section 76 of the National Environmental Management: Biodiversity Act -

(1) The management authority of a protected area preparing a management plan for the area in terms of the Protected Areas Act must incorporate into the management plan an invasive species control and eradication strategy.

The definition of invasive species should be noted. An invasive species means any species whose establishment and spread outside of its natural distribution range

(4) An invasive species monitoring, control and eradication plan must include-(a) a detailed list and description of any listed invasive species occurring on the

relevant land;(b) a description of the parts of that land that are infested with such listed

invasive species;(c) an assessment of the extent of such infestation;(d) a status report on the efficacy of previous control and eradication measures;(e) the current measures to monitor, control and eradicate such invasive species;

and(f) measurable indicators of progress and success, and indications of when the

control plan is to be completed


For each of the above-mentioned sections, the following must be included – a policy statement (i.e. how the activity will be used to achieve a management objective), the context of this issue in relation to the Protected Area, and what management programmes will be implemented.5.5 Zonation of the Protected Area

5.5.1 Zonation

The Zonation of the protected area must relate directly to the purpose of that protected area. In most cases, the primary zone is for the conservation and protection of the area’s biological diversity and the integrity of its landscapes. Any development for recreation or tourism must be located in terms of this zoning. It should not drive the zoning.

Why zone? Informs development plan Informs management programme Different approaches and products per zone Provides for the management of types of access (inter alia the use of

aircraft) Provides for the management of controlled activities within a protected

area (e.g. mining) Provides for the management of commercial and community activities

A zoning plan plays an important role in minimizing user conflicts by separating potentially conflicting activities whilst ensuring that legitimate land uses can continue.

General rules that should be applied when establishing zones: zonation should be established with the full involvement of stakeholders,

including local communities; a concise description of the functions and/or restrictions applied within

each zone must be prepared as part of the management plan; a map showing the boundaries of all zones must be included in the

management plan; where possible zone boundaries should be easily recognizable and clearly

identifiable on the ground; zones should be simple and clear for management purposes.

What system to use?There is no recommendation as to what zonation system to use, as several different systems are currently being utilized throughout South Africa. However, irrespective of the system used, for each zone the specific objective, desired state, permissible infrastructure development and permissible / non-permissible activities should be listed.

NOTE:- 2 zonation maps should be produceda) the first being a map indicating the “Conserved” and “Private” areas on the property, i.e. those areas relating to the protected area, and those areas being allocated to the private or communal landowner for their private use (e.g. the private residence).b) the second map is then the specific zonation plan for the protected area portion.

5.5.2 Permissible and non-permissible activities

This section should highlight those permissible and non-permissible activities (per zone identified in the above zonation plan), as it relates to the restricted activities in the Declaration and Protected Area Management Agreement contracts.


6. Development plan

NOTE – This is not a requirement according to the NEM: Protected Areas Act, although it is important to include a plan dealing with any future development activities

This part of the document is essentially a broad five year development plan. The development must relate to the complete protected area. Zoning of the existing area as part of the proposed final area precedes a master plan for development (showing development nodes, with type of development and circulation plans).

BY PRODUCING A DEVELOPMENT PLAN IT IS IMPORTANT TO NOTE THAT IT IS NOT AN APPROVAL OF THAT DEVELOPMENT AND THAT ALL RELEVANT APPROVALS MUST STILL BE SOUGHT AND OTHER LEGISLATION ABIDED BY. EVEN IF A LANDOWNER INDICATES THEY HAVE NO INTENTION OF DEVELOPING, THERE SHOULD STILL BE A NOTE THAT DISCLAIMS THE FACT THAT OTHER LEGISLATION MUST BE ABIDED BY.

7. Costing Plan (Business Plan)

The Costing Plan component should outline information in the following sections:o Purpose of Costing plano Objectives of the Costing Plano Economic importance of the Protected Area (e.g. ecosystem services,

resource utilization)o Financial requirements

Past income and expenditure What are the current needs? (based on management

programmes identified) Income generation – funding opportunities

o Annual budget (5 year projection)

Part 3 – Monitoring and Auditing

8. Monitoring & Auditing

8.1 Annual audit procedure

A detailed auditing process must be developed for each protected area, which is based on the annual programme and activities laid out in this plan. The focus of this audit should be on assisting the management authority in achieving the management objectives and improving the management effectiveness of the protected area.

In terms of section 43 of the Act:

(1) The Minister may establish indicators for monitoring performance with regard to the management of national protected areas and the conservation of biological diversity in those areas. (2) The MEC may establish indicators for monitoring performance with regard to the management of provincial and local protected areas and the conservation of biodiversity in those areas.(3) The management authority of a protected area must-

(a) monitor the area against the indicators set in terms of subsection (1) or (2); and


(b) annually report its findings to the Minister, or a person designated by the Minister.(4) The Minister may appoint external auditors to monitor the management authority’s compliance with the overall objectives of the management plan.

It is suggested that the Biodiversity Stewardship team or representative spend a day with the Protected Area manager/s / Management Authority and go through each action item in the Management Plan, asking the following questions:

What was the goal of this management “prescription”? Was the goal achieved – completely / in part / not at all? What were the factors that frustrated achievement of the goal? What can be done to overcome that hindrance? What assistance can the Biodiversity Stewardships Programme offer to

overcome hurdles? Are there any Government or statutory bodies that can assist?

8.2 Management Plan review

On a 5-yearly basis, this Management Plan should be reviewed and adjusted where necessary. To achieve this, the following questions (and others as needed) should be addressed:

Did this Management Plan make a meaningful contribution to management of the Protected Area?

Were individual management “prescriptions” realistic and achievable? Were they written unambiguously or was there room for misunderstanding?

Were budgets for each management activity realistic? Were the allocated budgets too much or too little?

Were sufficient staff members of the right qualifications allocated to each management activity?

There will be some overlap between the review and the audit and they should therefore be done on the same day, by the same team.

8.3 Biodiversity Monitoring

This refers to ongoing assessment and performance monitoring of the biodiversity features on the property.

Many scientific monitoring activities require too much effort and are simply too costly in relation to the benefits that they offer. The issue of monitoring will, therefore, have to be dealt with on a case-by-case basis, with the proviso that the simplest, least expensive and most practical method of monitoring should be implemented for each important biodiversity asset in question, providing that the monitoring method used is scientifically and statistically rigorous and defensible. Some commonly used methods are listed below, but care must be taken not to launch into a monitoring programme that is too complex, time consuming and expensive to keep going.

o Species census (road strip counts, game counts, etc.)o Fixed point photography

Part 4 - Appendices


9. Appendices

o Maps - Maps can either be kept together in separate appendices, or they can be imbedded in the body of the text, within the relevant sections. Any of the following list can be included:

o Location mapo Topographic map of the Protected Area (description map)o Vegetation mapo Zonation mapo Development Plan map (proposed infrastructure)o Landscape context map

o Legal agreements

o Species checklists - This is an optional section that depends on the level of detail that the landowner requires.

o Other documents as required :o Constitutionso Shareholders agreementso Servitude documentso Landowner property guidelines

________________________


PART B – this section deals with the annual management activities, which are audited each year. This section is not submitted to the MEC as this may change annually and would then have to be approved by the MEC each year.

Part 5 – MANAGEMENT SCHEDULE

10. Programme of Implementation

10.1 Management Programmes - Annual Plan of Operation (APO)

10.1.1 Specific management programmes

Each of the management programmes listed in PART A, section 5.4 will be expanded upon in this section. Essentially this will deal with the day-to-day activities of the protected area, outlining responsibilities and management activities for each of the management programmes.

This section provides the basis for budgets and annual business plans, cost estimates and operational plans in terms of staff and projects. Support required should be set out in such a way that if the budget is not met, which actions will be cut/held over. Objectives should be specific, measurable, time limited and practical. A list of actions (what, how, when, who and where they will be done) should all lead to the objectives.

Use of tables for each Management Programme is recommended.

Sections of the Table:o Objective (linked to a Management Objective)o Actionso Responsible partyo Resources requiredo Time frame (during the year)o Costing

10.2 Annual Management schedule

The summary of these programmes should be laid out with specific management actions that need to be implemented in each month of the year. The actual details or methods of each action will be developed in section 10.1. Some management actions cannot be tied to a specific month and so a section described as “triggered events” should be included. For example, implementation of a burning programme depends on the purpose of burning, grass sward biomass (related to both rainfall during the year and herbivore utilisation), rainfall timing, prevailing weather and other factors that cannot be tied to specific months.

This will be a single page highlighting the management required each month of the year.

10.3 Annual Audit procedure

An annual audit should be conducted in terms of the requirements in the management plan.

________________________


Appendix FExamples of public participation notification and

proclamation

[Insert relevant letterhead]

[Municipality][Address}

[Date]

To: [Municipality manager]

RE: NOTICE OF INTENTION ( IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003 (ACT NO. 57 OF 2003)) TO DECLARE THE [NAME OF RESERVE] NATURE RESERVE.

Notice is hereby given by the Member of the Executive Council (MEC) for [Name

conservation authority] in [Province], The Honourable [Name of MEC], in terms of

section 33(1) of the National Environmental Management: Protected Areas Act, 2003

(Act No. 57 of 2003) of the intention to declare the following property as a Nature

Reserves (in terms of section 23 of the National Environmental Management:

Protected Areas Act):

[Name of reserve, name of property, municipality].

The boundaries of this proposed nature reserve are indicated on the maps filed in

the office of the [conservation authority and physical address].

Your department is hereby invited to submit written representation on or objections

to the notice to the proposed declaration of the [Name of reserve] Nature Reserve,

within 60 days of its publication. Written submissions must be lodged with the

[HOD/CEO: Conservation authority], [Postal Address].

Yours sincerely,

___________________________

[HOD/CEO]

[Conservation Authority]

Advertisement for newspapers

CONSULTATION PROCESS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003 (ACT NO. 57 OF 2003): INTENTION TO DECLARE THE [NAME OF RESERVE] NATURE RESERVE

Notice is hereby given by the Member of the Executive Council (MEC) for [Name

conservation authority] in [Province], The Honourable [Name of MEC], in terms of

section 33(1) of the National Environmental Management: Protected Areas Act, 2003

(Act No. 57 of 2003) of the intention to declare the [Name of Reserve] Nature

Reserve in terms of section 23 of the National Environmental Management:

Protected Areas Act, 2003 on the property being, [property description], located in

the [Name of municipality] Local Municipality (the boundaries of which are as

indicated on a map filed in the office of the [Conservation authority and physical

location]).

Members of the public are hereby invited to submit written representation on or

objections to the notice to the proposed declaration of the [Name of Reserve] Nature

Reserve, within 60 days of its publication. Written submissions must be lodged with

the [HOD/CEO: Conservation authority], [Postal Address].

Appendix GProcess Checklists

Stewardship sites: Extension Officer Checklist (Western Cape Example)

Task Required

Complete

Legal Documents Submission

NB: If Agreement is to be concluded in Afrikaans, extension officer is to provide draft agreements in Afrikaans including translation of features indicating conservation worthiness of the land.

The Stewardship Extension Officer is to send all draft documentation, to the legal department for verification and if necessary amendment to comply with all legal requirements.

Once finalised these documents are emailed back to the extension officer for the landowner to sign.

*It must be noted that Currently Biodiversity Agreements are not Gazetted and therefore do not require a Ministerial Submission and Declaration.

Documents to be provided by extension officer:

Site assessment form

Management Plan (draft)

Digital maps

indicating Conserved Area and Private area

GIS points plotted on the property boundary (a,b,c…)

Corrected Timbrel GPS Points + Jpeg diagram indicating conservation area / private area. (only applicable for portion of property with regard to Contract Nature Reserves).

If entire Property is being declared obtain copy of original Surveyor Diagram to be attached to the Final Contract.

Contract Nature Reserve:

Draft Notarial Deed / Power of Attorney

Draft Management Agreement

Draft Management Plan with signed Authorisation Page

Biodiversity Agreement

Draft Biodiversity Agreement

Draft Management Plan

Obtain copy of Title Deeds

Obtain Certified copy of Trust Deed / Company Registration / proof of ownership. If necessary also the letter mandating the individual signing the contract on behalf of the company or Trust.

Obtain Survey Diagrams

Surveyor General (Web) or Surveyor General

Draft Agreement / Edit Management agreement and Declaration

The Stewardship Legal Advisor is to ensure that all draft documentation sent to the legal department for verification by the extension officer has been amended if necessary to comply with all legal requirements.

8.3.1

Signature The Stewardship Legal Advisor sends the final documents back to the Extension Officer for signature by Landowner

1. Landowner signs the Special Power of Attorney, Protected Area Management Agreement, Management Plan Authorisation Page and Management Agreement MOU.

Legal Documents Submission

Protocol for dropping off signed documents at head office:

1. All contracts (Special Power of Attorney, Protected Area Management Agreements, Biodiversity Agreements and Management plans) need to be handed in at Registry on the first floor at head office and signed for.

2. Make sure that the contracts are then placed directly into Andre Mitchell’s pigeon Hole in Registry.

Summary of Process once signed documents have been submitted to Head Office (NOT EXTENSION OFFICERS RESPONSIBILITY)

1 Once landowner and CN have signed Special Power of Attorney. CN requests permission from MEC to pursue public participation process with list of property names.

Public Participation with 60 Days commenting period. Letter sent to IAPs

2 Ministerial Submission: MEC signs Special Power of Attorney & Notarial Deed and Management Plan. Notification of no objection / objection submitted

3 Gazetting of S23 Nature Reserve

4 Notarization of Notarial Deeds

8.3.2

Provincial Notice for Declaration

Supply copy of the Government Gazette to the landowner. 8.3.3

Rezoning to Open Space III

BY LANDOWNER

Draft application to Local Authority & assist landowner in application to the Municipality

Rates Rebate Draft letter to Local Authority (see template from legal department). The Gazette of the Nature Reserve must accompany the application.

Update Stewardship Database

Update Stewardship Database with all required information.

Stewardship sites: Law Support Checklist (Western Cape Example)

Task Required

Complete

Obtain documents

NB: If Agreement is to be concluded in Afrikaans, extension officer is to provide draft agreements in Afrikaans including translation of features indicating conservation worthiness of the land.

Check K Drive for folder on stewardship site. (K/Agreements Biodiversity/Stewardship Agreements…) If no folder exists, create one.

Check folder for documents provided by extension officer.

Site assessment form

Management Plan (draft)

Digital maps

indicating Conserved Area and Private area

GIS points plotted on the property boundary (a,b,c…)

Shapefiles

Digital photos

Draft declaration agreement / Management agreement / Biodiversity agreement indicating property description, duration/period of agreement and list of features indicating conservation worthiness.

Request documents not on K Drive from the Extension Officer

Obtain Title Deeds

Deeds Web or Deeds Office

Obtain Survey Diagrams

Surveyor General (Web) or Surveyor General

Complete file Print all documents not included in file

Draft Management plan

Draft Declaration Agreement and draft Management Agreement or draft Biodiversity agreement

Maps (in colour)

Photographs

Check Ownership

Deeds Enquiry (Deeds Web / Windeed)

Owner/s

Size of the land parcel

Company / Close Corporation search ( Cipro )

Registration of entity

Description

Place of Business (Address)

Directors

Draft Agreement / Edit Management

agreement and Declaration

Declaration Agreement

Management Agreement

(Pro forma agreements on Land/Agreements Biodiversity/Stewardship Agreements/Proformas)

Signature Send to Extension Officer for signature by Landowner

Ministerial Submission (for declaration and approval of management plan)

Draft Ministerial Submission using Draft management Plan and Management Agreement

Attach

Draft Notice of Intention to Declare

Agreement to Declare and Assign (signed by Landowner and CapeNature)

Route Form

Send to Minister for approval.

Public Participation process

(during or before advertisement)

Consultation:

South African Heritage Resources Agency (SAHRA);

Department of Environmental Affairs & Tourism;

Provincial Department of Environmental Affairs & Development Planning

Department of Water Affairs & Forestry;

Relevant local authority

Notice of Intention to Declare

Publish in

Government Gazette

Two national Newspapers (at least)

Allow at least 60 days for public to submit written representations

Provincial Notice for Deproclamation of Existing Nature Reserve (if applicable)

Submission to Minister for Approval of Deproclamation

Draft Notice

Publish in Government Gazette

Provincial Notice for Declaration

Draft Notice for Declaration

Publish in Government Gazette

Rezoning to Open Space III

BY LANDOWNER

After conclusion of the Management Agreement

Draft application to Local Authority

Registration of Notarial Deed

BY LANDOWNER

Instruction for registration

Rates Rebate Draft letter to Local Authority

Update Database and Reserve list (Land Affairs)

Appendix HComparison of different stewardship levels

The following table may be useful in comparing the different stewardship levels, and how they should be interpreted and used:

Conservation Areas

Biodiversity Management Agreement / Protected

EnvironmentNature Reserve

What does it mean?

Initiated by landowner/s

Voluntary, basic good land management practices, commitment, self-mobilisation

Biodiversity of some importance (scientifically defensible) identified on land

Some commitment to rehabilitate or maintain conditions of current importance on land

Management of biodiversity (best practice management) to maintain important ecosystem service which is of benefit to the greater community (scientifically defensible)

Formal agreement signed by MEC or provincial conservation authority, with stipulated time frame,

Compliance with specified management actions

Auditing

Permanent conservation by landowner, written into the title deeds

Contract and declaration as a nature reserve in terms of NEMPAA

What other mechanisms/ initiatives can qualify in the entry level category?

Natural Heritage Sites, Conservancies, Sites of Conservation Significance (SoCS), Sites of Ecological Importance (SoEI)

Any formal agreement signed under contract law with the state to preserve an area or its biodiversity values

Only sites identified by bioregional plans, biodiversity management plans or other provincial fine-scale plans or sites of high value as determined by the provincial agency

What is the legal status of an entry level category?

Basic MoA between landowners

Registration document with the conservation agency

Any contract (including those under S28 of NEMPAA or S44 of NEMBA) can be enforceable in law

Contract can run for a specific term, or can be for a specified period (suggest that this is not less than 10 years)

Stronger contract with some responsibility from landowner and province, and fixed time period

Status written in title deed, in perpetuity or for 30 years or more

Proclamation in Government Gazette as Protected Area

Qualifying criteria?

Any landowner(s) willing to conserve the natural systems

Site must have been assessed to the standard of the provincial agency and found to contain biodiversity features

The landowner must be willing to submit to the declaration of the area as a nature reserve, and to

on their land identified as important or a priority for the province.

manage (or have managed) the site according to the norms and standards laid down for nature reserves.

What sort of incentives could be expected in this category?

Primarily motivational and recognition based

Mutual agreement and support among neighbours, especially in terms of a shared development vision

Feel-good, MoA, Plaque, certificate, mention in annual report, etc.

Priority involvement of i.e., WfW, WfWet, WoFire, Landcare, etc.

Assistance with developing management plans

Specialist advice and biodiversity-related information from provinces

Property is excluded from municipal rates

Tax incentives may be forthcoming for any expenses made to implement the management plan, or to transfer or bequeath the land

Assistance with management plans and priority access to government land management programmes

Biodiversity-related info from provinces

The table below provides a detailed comparison between the Nature Reserve and Protected Environment stewardship categories. The text in italics indicates wording from NEMPAA (Act 57 of 2003).

NATURE RESERVE PROTECTED ENVIRONMENT

Description Nature Reserves are proclaimed areas that are augmented with legally recognized contracts or servitudes on private or communal land to protect biodiversity.

Protected Environments are the most flexible but least secure type of protected area described in NEMPAA. A Protected Environment is a legal mechanism for single or multiple landowners to control and direct landuse on the properties concerned.

Characte-ristics

These are areas of outstanding biodiversity value – the site must make an essential contribution to the conservation of key vegetation types, species, ecological processes or ecosystem services, and in doing so make a meaningful contribution to South Africa’s protected area network.

The primary landuse in nature reserves is conservation.

The strengths of Protected Environments, as defined in Section 28 of NEMPAA, are: their flexibility in restricting those

landuse activities that may threaten the land-, coastal- or seascapes.

They are used to maintain or protect a sense of place, spiritual values or sense of solitude, by limiting visual (buildings, lights, etc) and auditory disturbances

they enable conservation authorities and private and communal landowners to co-operate and ‘take collective action to conserve biodiversity’ and to establish legal status for this combined action (Section 28(b)).

they enable landowners to conserve and enhance the products of particular or critical entities within the landscape without having to forgo on ownership or other rights

they may be used for expansive areas of multiple determinants where there is uncertainty in terms of the sensitivities of the system, or where acute control measures are required. They thus serve as a platform on which conservation partnerships may be built.

they may be used to protect existing protected areas through buffering an existing nature reserve or world heritage site.

they may be used to safeguard components of habitat’s or ecosystem’s outputs which re vital for sustaining specialised habitats within the protected area.

There are two types of PEs –1.Initiated by the MEC for an area

earmarked to become a nature reserve or national park, in order to regulate landuse while it is proclaimed.

2.Initiated by the MEC or landowner to be a Protected Environment over a long-term

Who may initiate the Protected Area

SAME35. Initiation of declaration.—(1) The declaration of private land as a special nature reserve, national park, nature reserve or protected environment, or as part thereof, may be initiated either by the Minister, or the MEC or the owners of that land acting individually or collectively.

(2) Any request received by the Minister or an MEC from the owners of private land for their land to be declared must be considered by the Minister or MEC.

Legal status Proclaimed as a Nature Reserve in terms of Section 23 of NEMPAA

Proclaimed as a Protected Environment in terms of Section 28 of NEMPAA

Who proclaims the PA

The Minister or MEC may proclaim a Nature Reserve.

23. Declaration of nature reserve.—(1) The Minister or the MEC may by notice in the Gazette—(a)declare an area specified in the notice— (i)as a nature reserve; or (ii)as part of an existing nature reserve; and(b) assign a name to the nature reserve.

The Minister or MEC may proclaim a Protected Environment.

28. Declaration of protected environment.—(1) The Minister or the MEC may by notice in the Gazette—(a)declare any area specified in the notice— (i)as a protected environment; or (ii)as part of an existing protected environment; and(b) assign a name to the protected environment.

Consent of landowner

In terms of private or communal landowner, they must consent to the proclamation by way of a written agreement (Declaration Agreement)

23 (3) A notice under subsection (1) (a) may be issued in respect of private land if the owner has consented to the declaration by way of a written agreement with the Minister or the MEC.

Type 1 and 2 – the landowner must give consent, and be given notice in writing

28 (3) A notice under subsection (1) (a) may be issued in respect of private land if the owner has requested or consented to a declaration contemplated in subsection (1) (a) and the Minister or the MEC has given the owner notice in writing in terms of section 33.


SAME1. Declaration Agreement - A contract is entered into between the applicant /

landowner and the conservation agency (and the landowner is designated as the management authority)

2. Protected Area Management Agreement - A contract is entered into between the conservation agency and the management authority

Duration The aim of a Nature Reserve is to secure the biodiversity “in perpetuity”. In terms of receiving any fiscal incentives, National Treasury recommends a minimum of 99 years.

Type 1 - The declaration of an area as a protected environment for purposes of controlling the change in land use (if the area is earmarked for declaration or inclusion in a national park or nature

i

reserve) lapses three years from the date of publication of the declaration in the relevant Gazette (subject to the proviso that the Minister or the MEC may extend that period for not more than one year).

Type 2 - The duration for Protected Environments declared for other purposes is not prescribed. It should be a minimum of 30 years.

28 (5) The declaration of an area as a protected environment for purposes of subsection (2)(f) lapses at the expiry of three years from the date of publication of the notice contemplated in subsection (1), but the Minister or the MEC may by notice in the Gazette extend that period for not more than one year.(6) An area ceases to be a protected environment if that area is declared as, or incloded into, a national park or nature reserve or part thereof.

Purpose of the PA

To provide long-term protection and management to important biodiversity on private and communal land.According to Section 17 of NEMPAA, the purposes of protected areas are:a) to protect ecologically viable areas

representative of South Africa’s biological diversity and its natural landscapes and seascapes in a system of protected areas

b) to preserve the ecological integrity of those areas

c) to conserve biodiversity in those areas

d) to protect areas representative of all ecosystems, habitats and species naturally occurring in South Africa

e) to protect South Africa’s threatened or rare species

f) to protect an area which is vulnerable or ecologically sensitive

g) to assist in ensuring the sustained supply of environmental goods and services

h) to provide for the sustainable use of natural and biological resources

i) to create or augment destinations for nature-based tourism

j) to manage the interrelationship between natural environmental biodiversity, human settlement and economic development

k) generally, to contribute to human, social, cultural, spiritual and economic development

The Protected Environment designation is useful to pursue where large landscapes require some form of conservation management, but where it is unnecessary or unsuitable to restrict other forms of extractive land use (Botha, 2004).In terms of Section 28 of NEMPAA, the purpose of a Protected Environment is to:a) to regulate the area as a buffer zone

for the protection of a special nature reserve, national park, world heritage site or nature reserve;

b) to enable landowners to take collective action to conserve biodiversity on their land and to seek legal recognition for such initiative;

c) to protect the area if the area is sensitive to development due to its-

i. biological diversity; ii. natural characteristics; iii. scientific, cultural, historical,

archaeological or geological value;

iv. scenic and landscape value; or v. provision of environmental

goods and services;d) to protect a specific ecosystem

outside of a special nature reserve, national park, world heritage site or nature reserve

e) to ensure that the use of natural resources in the area is sustainable;

f) to control change in land use in the area if the area is earmarked for declaration as, or inclusion in, a

l) to rehabilitate and restore degraded ecosystems and promote the recovery of endangered and vulnerable species.

________________________

23 (2) A declaration under subsection (1) (a) may only be issued—(a) to supplement the system of national parks in South Africa;(b) to protect the area if the area—

(i) has significant natural features or biodiversity;

(ii) is of scientific, cultural, historical or archaeological interest; or

(iii) is in need of long-term protection for the maintenance of its biodiversity or for the provision of environmental goods and services;(c) to provide for a sustainable flow of natural products and services to meet the needs of a local community;(d) to enable the continuation of such traditional consumptive uses as are sustainable; or(e) to provide for nature-based recreation and tourism opportunities.

national park or nature reserve;

_______________________

28 (2) A declaration under subsection (1) (a) may only be issued—(a) to regulate the area as a buffer zone for the protection of a special nature reserve, national park, world heritage site or nature reserve;(b) to enable owners of land to take collective action to conserve biodiversity on their land and to seek legal recognition therefor;(c) to protect the area if the area is sensitive to development due to its—

(i) biological diversity;(ii) natural characteristics;(iii) scientific, cultural, historical,

archeological or geological value;(iv) scenic and landscape value; or(v) provision of environmental goods

and services;(d) to protect a specific ecosystem outside of a special nature reserve, national park, world heritage site or nature reserve;(e) to ensure that the use of natural resources in the area is sustainable; or(f) to control change in land use in the area if the area is earmarked for declaration as, or inclusion in, a national park or nature reserve.

Restrictions 23 (4) No area which is or forms part of a special nature reserve or national park may be declared as a nature reserve or as part of an existing nature reserve.

28 (4) No area which is or forms part of a special nature reserve, national park or nature reserve may be declared as a protected environment or as part of an existing protected environment.

Consultation process

SAME32. Consultation by MEC.—Subject to section 34, before issuing a notice under section 23 (1), 26 (1), 28 (1) or 29, the MEC may follow such consultative process as may be appropriate in the circumstances, but must—(a) consult in accordance with the principles of co-operative government as set out in Chapter 3 of the Constitution—

(i) the Minister and other national organs of state affected by the proposed notice; and(ii) the municipality in which the area concerned is situated;

(b) consult all provincial organs of state affected by any proposed notice;(c) in the prescribed manner, consult any lawful occupier with a right in land in any part of the area affected; and(d) follow a process of public participation in accordance with section 33.

Management Authority

The MEC MUST assign a management authority.

38. Management authorities.—(2) The MEC, in writing—(a)must assign the management of a special nature reserve or a nature reserve to a suitable person, organisation or organ of state;

The MEC MAY assign a management authority.

38. Management authorities.—(2) The MEC, in writing—(b) may assign the management of a protected environment to a suitable person, organization or organ of state, provided that the owner and lawful occupier have requested or consented to such assignment, and the Minister has given the owner and lawful occupier notice in writing in terms of section 33.

Notarial deed restriction

A notarial deed must be developed and endorsed on the title deeds of the property.

35 (3) (a) The terms of any written agreement entered into between the Minister, South African National Parks or an MEC and the owner of private land in terms of section 18 (3), 20 (3) or 23 (3) are binding on the successors in title of such owner.

(b) The terms of agreement must be recorded in a notarial deed and registered against the title deeds of the property.

A notarial deed does not need to be developed

Endorsement of title deeds

36. Endorsement by Registrar of Deeds.—(1) The Minister or the MEC, as the case may be, must in writing notify the Registrar of Deeds whenever an area is declared as a special nature reserve, national park, nature reserve or protected environment, or as part thereof, or whenever a declaration in respect thereof is withdrawn or altered.(2) The notification must include a description of the land involved and the terms and conditions of any notarial deed.(3) On receipt of the notification, the Registrar of Deeds must record any such declaration, withdrawal or alteration in relevant registers and documents in terms of section 3 (1) (w) of the Deeds Registries Act, 1937 (Act No. 47 of 1937).

Permissible activities

Any activity that is compatible with the purpose of the establishment of the Nature Reserve and the zonation plan shall be permitted, including:1. Sensitive ecotourism according to

principles set out in the management plan.

2. Environmental education 3. Sustainable extractive resource

use1 that is appropriate to the protected area status of the Nature Reserve, agreed to by the conservation authority and governed by the management plan.

(1 This may include grazing, hunting, fishing, capture and sale of surplus game,

There is no limitation on activities other than those specifically listed in the gazetting notice of the establishment of the Protected Environment.

controlled harvesting of medicinal plants or any other appropriate form of sustainable use)

Non-permissible activities

The land must be managed in such a way that will conserve biodiversity and support natural processes, which generally excludes any activity that may adversely impact any indigenous fauna and flora or their habitats and the natural state and flow of any water resource, including:1. Any act that has an adverse affect

on achieving the purpose and objectives of the Nature Reserve (See Section 50(2) of NEMPAA)

2. Dumping of refuse, rubble or other waste within the Nature Reserve

3. Introduction of alien invasive plants within the Nature Reserve

4. Introduction of non-indigenous or extra-limital species or genetically distinct sub-populations of species, except where prior written permission has been obtained by the conservation authority.

5. Destruction or removal of indigenous flora (except for seed collection for restoration projects or where prior permission has been obtained from the landowner and the conservation authority)

6. Removal or destruction of any indigenous flora or fauna within the Nature Reserve, except where this is agreed to by the conservation authority and is catered for in the management plan.

7. Removal of any wood products from the Nature Reserve, except where this is agreed to by the conservation authority and is catered for in the management plan. This excludes alien vegetation.

8. Activities which may adversely affect the natural state, flow, supply, quantity or quality of any water resource located in the Nature Reserve.

9. Use of off-road vehicles in the Nature Reserve, unless their use is consistent with the purpose and objectives of the Nature Reserve.

10. Public access to the Nature Reserve, unless agreed to by both the landowner and the conservation authority and catered for in the management plan.

Those specifically listed in the gazetting notice of the establishment of the Protected Environment.

Certain other activities may occur within appropriately zoned areas of the Nature Reserve, but these must be compatible with the purpose of the Nature Reserve.

Access - No person may without the written permission of the management authority of a national park, nature reserve or world heritage site enter or reside in the park, reserve or site.

________________________

Mining and prospecting -

48. Prospecting and mining activities in protected area.—(1) Despite other legislation, no person may conduct commercial prospecting or mining activities—(a) in a special nature reserve, national park or nature reserve; or(c) in a protected area referred to in section 9(b), (c) or (d).

(4) When applying this section, the Minister must take into account the interests of local communities and the environmental principles referred to in section 2 of the National Environmental Management Act, 1998.

________________________

Commercial activities -

50. Commercial and community activities in national park, nature reserve and world heritage site.—(5) No development, construction or farming may be permitted in a national park, nature reserve or world heritage site without the prior written approval of the management authority.

_________________________

Mining and prospecting -

48. Prospecting and mining activities in protected area.—(1) Despite other legislation, no person may conduct commercial prospecting or mining activities—(b) in a protected environment without the written permission of the Minister and the Cabinet member responsible for minerals and energy affairs; or(c) in a protected area referred to in section 9 (b), (c) or (d).

(4) When applying this section, the Minister must take into account the interests of local communities and the environmental principles referred to in section 2 of the National Environmental Management Act, 1998.

________________________


Development consistent with protected area status may be permitted within the Nature Reserve. Development rights must be sought from the appropriate authority (e.g. Department of Agriculture & Environmental Affairs). Development restrictions include:1. No new infrastructure that is not

compatible with the zonation plan2. No ploughing, cutting, ripping or

transformation of any indigenous

Only those specifically listed in the gazetting notice of the establishment of the Protected Environment.

51. Regulation or restriction of development and other activities in protected environment.—The Minister or the MEC may by notice in the Gazette restrict or regulate in a protected

vegetation, ecosystems or habitats is permitted within the Nature Reserve (see Section 50(5) of NEMPAA)

3. No mining (See Section 48(1) of NEMPAA) is permitted within the Nature Reserve, unless required for meeting the purpose and objectives of the Nature Reserve and catered for in the management plan

4. No new placement of any transmission lines, telecommunication lines, cellular towers or public works in the Nature Reserve outside of areas zoned for such development.

5. No subdivision of the Nature Reserve is permitted, unless it is consistent with the purpose and objectives of the Nature Reserve and approved by the conservation authority.

No operation of, any trade, industry or business in/on the Nature Reserve, unless provided for in the zonation and management plans.

50. Commercial and community activities in national park, nature reserve and world heritage site.—(1) The management authority of a national park, nature reserve and world heritage site may, despite any regulation or by-law referred to in section 49, but subject to the management plan of the park, reserve or site—(a) carry out or allow— (i) a commercial activity in the park, reserve or site; or (ii) an activity in the park, reserve or site aimed at raising revenue;(b) enter into a written agreement with a local community inside or adjacent to the park, reserve or site to allow members of the community to use in a sustainable manner biological resources in the park, reserve or site; and(c) set norms and standards for any activity allowed in terms of paragraph (a) or (b).(2) An activity allowed in terms of subsection (1) (a) or (b) may not negatively affect the survival of any species in or significantly disrupt the integrity of the ecological systems of the national park, nature reserve or world heritage site.

environment under the jurisdiction of the Minister or the MEC—(a)development that may be inappropriate for the area given the purpose for which the area was declared; and(b)the carrying out of other activities that may impede such purpose.

Land rights No restrictions can be placed on a piece of land that may restrict the rights of any current or future landowner (i.e. potential land claimants), if a gazetted land claim is on a property.

53. Certain rights and entitlements to be respected.—(1) Section 45, 46, 49, 50, 51 or 52 may not be applied in a manner that would obstruct the resolution of issues relating to land rights dealt with in terms of— (a)the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994); and (b)the provision of essential services and the acquisition of servitudes for that purpose.(2) A person may exercise a right that that person may have to water in a public stream in a protected area, but subject to such conditions as may be prescribed by the Minister with the concurrence of the Cabinet member responsible for water affairs.

Management Plan

SAMEA management plan must be developed for both a nature reserve and protected

environment

39. Preparation of management plan — (1) The Minister or the MEC may make an assignment in terms of section 38 (1) or (2) only with the concurrence of the prospective management authority.(2) The management authority assigned in terms of section 38 (1) or (2) must, within 12 months of the assignment, submit a management plan for the protected area to the Minister or the MEC for approval. (3) When preparing a management plan for a protected area, the management authority concerned must consult municipalities, other organs of state, local communities and other affected parties which have an interest in the area.(4) A management plan must take into account any applicable aspects of the integrated development plan of the municipality in which the protected area is situated.

Monitoring A monitoring system must be established for a Nature Reserve.

50. Commercial and community activities in national park, nature reserve and world heritage site.— (3) The management authority of the national park, nature reserve or world heritage site must establish systems to monitor—(a) the impact of activities allowed in terms of subsection (1)(a) or (b) on the park, reserve or site and its biodiversity; and(b)compliance with— (i)any agreement entered into in terms of subsection (1)(b); and (ii)any norms and standards set in terms of subsection (1)(c).

No requirement

Withdrawal 24. Withdrawal of declaration or exclusion of part of nature reserve.—(1) A declaration under section 23 (1)

29. Withdrawal of declaration or exclusion of part of protected environment.—The Minister or the MEC may by notice in the

may only be withdrawn— (a) in the case of a declaration by the Minister, by resolution of the National Assembly; (b) in the case of a declaration by an MEC, by resolution of the legislature of the relevant province; or (c) in terms of subsection (2).(2) If the Minister or MEC, or the other party to an agreement, withdraws from an agreement referred to in section 23 (3), the Minister or MEC must withdraw the notice in terms of which the land in question was declared a nature reserve or part of an existing nature reserve.

Gazette— (a) withdraw the declaration, issued under section 28, of an area as a protected environment or as part of an existing protected environment; or (b) exclude any part of a protected environment from the area.

Appendix IPossible incentives and support for stewardship

sites as per EKZN Wildlife

Nature Reserve

Protected Environment

Biodiversity Agreement

Conservation Area

Site proclamation Legal costs covered (contracts,

notarial deed endorsement)

Development of management plan

Proclamation costs covered (pp – newspaper adverts, registered letters, etc.)

Direct assistance from conservation agency (Advice) Regular visits by conservation

officers

Routine / Specific advice and technical support

Technical advice on rehabilitation of forests, wetlands and grasslands (Biodiversity specialist advice)

Assistance with veterinary aspects of game management

Advice / assistance with management (maintaining fences, burning)

Assistance with law enforcement

Conservation agency assistance with crime investigations

Coordinated management between stewardship site and state reserves (e.g. burning)

Reintroductions of important species, e.g. Oribi

Training Access to training facilities

Training of landowner staff, e.g. alien clearing

Training of field rangers

In- field training of staff at state reserves, i.e. patrolling, Ops, ambush techniques.

Alien plant clearing assistance Herbicide assistance

Annual training of property staff in alien plant clearing techniques and use of herbicide

Supply of equipment (as funding allows)

Development of a management plan (include alien plant

clearing map)Direct Financial

Property rates exemption

Property rates rebates

Founder populations of game (free)

Discounts on game

Waiver of Transfer / Estate duties for property sales

Income tax deductions (BMA)Marketing

Property name board

Research Assistance in initiating research

projects

Allowing priority assess of research projects to stewardship sites

Monitoring Baseline surveys

Assistance in auditing and monitoring site (frequency depends on category)

Lobbied assistance from other organizations Assistance in obtaining

herbicides for preparing tracers

Working on Fire assistance (burning fire-breaks)

Assistance from LandCare in obtaining resources for fencing, erosion control etc.

Partnerships Supporting and coordinating a

“bigger vision” to look at sympathetic / holistic management of the surrounding properties

Status Creating buy-in from

municipality for the conservation importance of the stewardship site

Use of a recognizable logo / branding

Other Wild card