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HISTORY
In South Africa, afforestation has been declared as a stream
flow reduction activity (SFRA) regulated by means of a
licensing system in terms of Chapter 4, Section 36 of the National
Water Act (No. 36 of 1998). This licensing system has replaced a permit
system that has been in use since 1972 and which was regulated under the
Forestry Act. The licensing system is required because:
- Industrial forestry is concentrated on 10% of the land area that
produces 60% of this country’s water resources.
- Industrial afforestation is, to all intents and purposes, a permanent
change of land use from relatively low water use veld, to a higher water
use crop. The main exception to this is some rotation between forestry
and agriculture governed by changing economics. The land use can be
changed, albeit with considerable difficulty, but not back to the
natural state. However, it is very rare that forest lands are converted
back to their natural condition. The effectively permanent change to a
higher water use (= runoff reduction) therefore demands a conservative
approach in a water-scarce country.
The original Afforestation Permit System (APS) instituted in 1972, was
geared towards determining areas available for afforestation, based on the
calculation of the percentage reduction in flow regimes caused by tree
planting at primary catchment scale, without the consideration of the detail
of impact on other water users, for example, low flows or in smaller
catchments. The 1972 classifications of 0%, 5% and 10% reductions in
Mean Annual Runoff (MAR) from whole or part of primary catchments, guided
decisions on determining areas to be planted. This was average annual
runoff, which had no concern for low flows: perennial streams could be
converted to seasonal streams, with concomitant effects on those relying on
the run of the river.
As a result of the various shortcomings, especially local participation
in decision–making in the original (1972) system, the previous Minister of
Water and Sanitation (1994 - 1999), Prof. Kader Asmal, made an
announcement in January 1995 which heralded the development of a new
procedure for the APS. This new, more comprehensive procedure was developed
in consultation with major role-players in the forestry sector of the
country, as well as affected parties, and embodies the Department’s
commitment to openness, transparency and accountability in all its
activities. The new procedure is subject to rigorous and continual auditing,
both internally and externally, in conjunction with interested and affected
parties. Since 1 October 1999, when Chapter 4 of the National
Water Act (No. 36 of 1998) was promulgated, the Afforestation Review
Panels (established in 1995) became known as Stream Flow Reduction Activity
Advisory Committees.
Decision–making has widened in scope due to the multi-disciplinary
nature of the provincial decision–making bodies, which have adopted
responsibility for ensuring good practice forestry in term of both society
and environment.
The SFRA Licensing system as it looks today:
The licensing system remains flexible and receptive to practical and
meaningful inputs in the application of new procedures. Areas of concern and
contentious issues in the original pre-1995 system have been addressed, but
the system is still continually being updated and changes include the
following:
- The old APS was previously overseen by the Forestry Chief Directorate
– considered to be a conflict of interests as the function of
promotion is incompatible with that of self-regulation. A new division
has been created within the Water and Sanitation Branch, called Stream Flow
Reduction Allocations (previously Afforestation Permit Control), that,
in conjunction with Regional Water and Sanitation Offices, deals with the
protection of water resources that could potentially be affected by
afforestation and other SFRAs;
- The APS originally lacked transparency in that there was no public
accountability, no procedures for appeal by affected parties and no
effective monitoring, control or audit of compliance with permit
conditions or expiry of permits. The body, which considered, granted or
denied permits was also not representative of all interests. The
Minister has constituted an Afforestation Permit Review Panel
(subsequently known as Stream Flow Reduction Activity Advisory Panel) in
each province affected by forestry to deal with the above in a rational,
fair and consultative manner. Re-inspection consultants have been
appointed in almost all affected provinces, and it is their job, in
conjunction with the relevant Regional Water and Sanitation Office, to carry
out re-inspections of permitted farms ensuring that permit conditions
have been complied with;
- Greater attention will also be paid to addressing historic illegal
afforestation in certain catchments by undertaking regular and
systematic re-inspections;
- More thorough consideration of the effect of afforestation on low
flows (and possibly the drought cycle);
- Greater consideration is now being given to environmental issues such
as the effect of afforestation on rare or endangered flora and fauna,
bio-diversity, and the visual impact on the landscape. Where necessary,
Environmental Impact Assessments (EIAs) are required of forestry
developers;
- A start has now been made, in collaboration with provincial
departments, on evaluation of the economic viability of proposed
forestry developments, and to compare its value with that from
alternative uses of water; and,
- Provision is now also being made for limited-term permits.
It is clear that the regulation and control of forestry has come a long
way. This is not to say that the Department’s homework is now finished –
it has only just begun. One must, however, bear in mind that all these
measures take time to implement, thus calling for continued care and
patience.
With the promulgation of the National
Water Act (No. 36 of 1998), all commercial afforestation plantations
(those planted before and after 1972) have to be registered.
The forestry industry has also shown that it would like to manage its
existing plantations in an environmentally sustainable and socially
responsible manner and the Department will do all it can to work with the
industry in achieving this.
Although afforestation is the only declared SFRA at present, it is now
accepted that all crops should be considered in a similar way and new
legislation will ensure some form of compliance.
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