Coastal Management

According to the Demarcation Board of South Africa, the extent of the Bergrivier Municipality coastline is 46 km. There are two estuaries located within the Bergrivier Municipal Area, namely Papkuils and Groot Berg. The Berg River Estuary rates as the third most important estuary in South Africa from a conservation perspective. These are valuable resources that contribute significantly to the local economy, especially the tourism and fishing sub sectors.

The National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) aims to establish a system of integrated coastal and estuarine management. This Act places several obligations on municipalities and defines a municipality as being “a metropolitan, district or local municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998). In areas where jurisdiction is shared by a district and local municipality, the district municipality is responsible for the implementation of the provisions of this Act unless the district municipality has by agreement assigned the implementation of any of the provisions of the Act to the local municipality.

Bergrivier Municipality, supported by the West Coast District Municipality, has reviewed and updated its 2013 Coastal Management Programme (CMP) in line with the requirements of the Integrated Coastal Management Act (ICMA) and in support of the implementation of the National CMP (2015) and the Western Cape CMP (2016). This updated Bergrivier Municipal CMP builds on its previous strengths and successes; is informed by stakeholder engagement; and responds to the requirements of current legal mandates as well as National, Provincial and Municipal policies, strategies and programmes. The Bergrivier Municipal Second-Generation Coastal Management Programme, 2019 – 2024, provided by the consultant, CES, on 22 August 2019, was adopted by Council in November 2019.

The Integrated Coastal Management (ICMA) Act, Act no.24 of 2008) provides guidelines for the establishment, use and management of the coastal protection zone (CPZ), Section 2. Subsection 4 was added to provide clarity on ownership and status of assets owned by organs of state within coastal public property (CPP). CPP, sections 7, 11 and 12 defined as

• Coastal waters,

• land submerged by coastal waters,

• any natural island in coastal waters,

• the seashore,

• any Admiralty Reserve owned by the State,

• any other state land declared as coastal public property,

• land reclaimed for other purposes, and

• any natural resources.

Section 7 is amended to clarify that Coastal Public Property does not include assets of infrastructure above or below the HWM and is rearranged to clearly state what does and does not form part of Coastal Public Property.

The purpose of Coastal public property is established in Section 7 A:

• To improve coastal public access to the seashore;

• To protect sensitive coastal ecosystems;

• To secure the natural functioning of dynamic coastal processes;

• To protect people, property and economic activities from risks arising from dynamic coastal processes, including the risk of sea-level rise; and

• To facilitate the achievement of any of the objects of the ICM Act.

Section 7 B indicates the reclamation of land for state infrastructure and 7 C for land for purposes other than state infrastructure. Section 13 prescribes the imposition of a maximum access fee by the Minister to streamline the application and standardize access fees. Clarity is provided in respect to access fees and commercial fees for access to specific facilities and activities within CPP. The term ‘Access fee’ is now listed and defined.

As defined in Section 14 of ICM Act; The High-Water Mark (HWM) is defined as the highest line reached by the coastal waters but does not include any line reached because of abnormal weather or sea conditions or estuaries that are closed to the sea. If the HWM moves landward of the coastal property boundary, the owner of that property determined by the HWM loses ownership rights of any coastal land that falls below that mark. It then becomes CPP. This is usually due to natural elements such as coastal erosion and sea level rises. If the HWM moves towards the ocean side, then that land which formed part of the seashore when the ICM Act took effect remains CPP.

Landowners who loose ownership of land will not be entitled to compensation unless the change in position of the HWM was the result of an intentional or negligent act or omission by an organ of state, and it was a foreseeable outcome.

Section 16 explains the Coastal Protection Zone (CPZ) and consist of a continuous strip of land, starting from the HWM and extending inland for a default distance, either 100 m or 1000 m depending on circumstance, or in a manner that will include specific sensitive features, strategically located properties and flood prone areas. Because of climate change, the spatial extent of flood prone areas is increased. Rivers were previously omitted from the coastal zone and are now included. Flooding is detailed in respect to flooding from the sea and within the coastal zone, where the 1: 1000-year flood line is more appropriate.

The ICM Act makes provision for the establishment of coastal management lines (CML) with the intention to protect or preserve:

• CPP such as beach amenities and other infrastructure such as parking;

• CPP such as private residences and business properties;

• Public safety in the face of extreme weather and other natural events;

• The CPZ as described in Section 16 & 17; and

• The aesthetics or ‘sense-of-place’ of the coastal zone.

The term ‘coastal set-back line’ is changed to ‘coastal management line’ to prevent confusion with EIA development set-back lines. The Member of the Executive Council (MEC) is responsible for establishing CML’s in Provinces. The MEC is given power to establish or change coastal management lines by way of a Gazette notice. The cross-cutting nature of CMLs requires that a range of stakeholders be consulted through this process. CMLs contribute to spatial planning and disaster risk management and as such, they may have an impact on land ownership and land uses along the coast. The CMLs fulfil the function of a planning tool in terms of the ICM Act and are best effected when incorporated into other broader planning processes such as Spatial Development Frameworks (SDFs) and Land Use Schemed, etc., to ensure that integrated and harmonious development planning that takes all affected stakeholders into account.

Section 34 deals with Estuarine Management Plans;

‘’(1) The responsible body contemplated in section 33(3)(e) who develops an estuarine management plan must (a) follow a public participation process in accordance with Part 5 of Chapter 6; and (b) ensure that the estuarine management plan and the process by which it is developed are consistent with- (i) the national estuarine management protocol; and (ii) the national coastal management programme and with the applicable provincial coastal management programme and municipal coastal management programme referred to in Parts 1,2 and 3 of Chapter 6. (2) An estuarine management plan may form an integral part of a provincial coastal management programme or a municipal coastal management programme.’’

The National Estuarine Management Protocol published in the Provincial gazette, No. 44724 on 18 June 2021. According to Section 33 of ICMA, the purpose of the National Estuarine Management Protocol, in summary, is to set standards for the management of estuaries, to determine a strategic vision and objectives for achieving effective management of estuaries, to establish minimum requirements for estuarine management plans and identify who must prepare the estuarine management plan and the processes to be followed.

THE BERG RIVER ESTUARY

The Western Cape Government, Department of Environmental Affairs & Development Planning (DEADP) and CapeNature issued The Groot Berg River Estuary Draft Estuarine Management Plan, dated August 2021 as invitation for public comment, published in Provincial Gazette Extraordinary No. 8538 of Friday 28 January 2022, time until 4 March 2022 for comments.

This document is a Management Plan for the Berg River Estuary. It was originally developed under the auspices of the Cape Action Plan for the Environment (C.A.P.E.) Estuaries Management Programme. The main aim of this programme was to develop a conservation plan for the estuaries of the Cape Floristic Region (CFR), and to prepare individual management plans for as many estuaries as possible. The first draft revision of the Berg River Estuarine Management Plan (EMP), including the Situation Assessment and the Management Plan itself, is in response to a review conducted by the National Department of Environmental Affairs: Oceans and Coasts in 2014, to ensure compliance with the minimum requirements for estuary management plans as per the Protocol. This plan assigns roles and responsibilities to all organisations that are tasked with management of the Estuary.

The Responsible Management Authority (RMA) for the Berg River Estuary is mentioned as CapeNature according to the Groot Berg River Estuary Draft Estuarine Management Plan, August 2021: ‘’Coordination of the implementation of the actions in this EMP by the RMA, CapeNature, and its strategic partners (Berg River Local Municipality, Saldanha Bay Local Municipality, Department of Environmental Affairs, West Coast District Municipality, Western Cape Provincial Government, Department of Water and Sanitation, Department of Forestry and Fisheries), will be monitored by a Groot Berg Estuary Advisory Forum (BEAF) comprising all key stakeholders on the estuary, using indicators within a set time-frame.’’

The Bergrivier Municipality: By-law Relating to the Control of Vessels and Boating activities on the Berg River Estuary was adopted by Council on 29 September 2020. Bergrivier Municipality: By-law Relating to the Control of Vessels and Boating activities on the Berg River Estuary promulgated in the Provincial Gazette Extraordinary, no. 8338 on 23 October 2020.

The Berg Estuary Advisory Forum (BEAF) was constituted in March 2010. The Forum comprises representatives of Local and District Municipalities, Provincial Government, Department of Water Affairs, Department of Environment, Forestry and Fisheries, CapeNature, Farmers, Fish Factories and Civil Organizations. The aim of the Forum is to conserve and protect the Berg River Estuary.

National Estuary Management Protocol was promulgated in June 2021 and indicates:

‘’Where an estuary falls within the boundary of a Municipality, the Provincial Environmental Department must develop an EMP in consultation with affected municipalities and the relevant National Government Departments.’’

PUBLIC LAUNCH SITES

The Rooibaai Launch site was listed within the Provincial Gazette no.7410, 26 June 2015 as a Public Launch site with all other respective Public Launch sites across the Western Cape Province, by the Department of Environmental Affairs and Development Planning. Bergrivier Municipality is indicated as the management body for this site.

In April 2000, the Department of Public Works approved the transfer of the leases of Lots 120A, 121A and 135A (commonly then known as Rooibaai Jetty) from Laaiplek Marine Products to the Westcoast Net fish Association. The Westcoast Net fish Association approached the Bergrivier Municipality in July 2000 with a request to assist them in maintaining this traditional industry and associated employment opportunities. They requested that the Municipality assist them in upgrading the mooring, launching and parking facilities at Rooibaai Jetty. The Municipality subsequently applied for and was granted Local Economic Development funding to upgrade the Rooibaai Jetty. The slipway was widened to about 4.5 meters and surfaced with compacted calcrete, while calcrete boulders were placed on either side (under the jetties) for erosion protection.

Eigelaar Street provides access to several jetties and the Rooibaai Launch site located on the eastern bank of the Berg River. These jetties and the Rooibaai Launch site are used by private and commercial fishermen, wanting to access the Berg River for fishing and to go out to sea for deep-sea fishing along the coastline to St Helena Bay and beyond. The jetties and Rooibaai Launch site are located on state land under the control of the Department of Public Works and Infrastructure (NDPWI) within the Berg River fishing harbour area and are leased to private individuals or groups. The property location GPS points are: 18 ̊ 9’ 2.75” E (Longitude) and 32 ̊ 46’ 42.75” S (Latitude). Permission to upgrade the existing launch site was granted by the NDPWI in a letter to Bergrivier Municipality on 26 July 2022 . Budget and funding to finance the required repair and upgrade of the Rooibaai slipway to be secured, bearing in mind the follow financial implications:

a) Feasibility, costing and engineering study and environmental approval is required prior to construction work starts. The budget for these respective studies to be sourced and applied for.

b) Repair and upgrade costs will be determined during the feasibility and costing study referred to above. The budget for the total cost for the construction work to also be sourced and applied for in the budget process.