Guidelines and Requirements on Applying for a Marine Aquaculture Right as per requirements of the Marine Living Resources Act, 1998

Transcription

1 Private Bag X2, ROGGEBAAI, Foretrust Building, Martin Hammerschlag Way, Foreshore, CAPE TOWN, 8001 Tel: ( ) Fax: ( ) Guidelines and Requirements on Applying for a Marine Aquaculture Right as per requirements of the Marine Living Resources Act, Register This is the first step towards the permit application process. Marine aquaculture is a commercial operation and therefore involves trading. All applicants will therefore be required to register their business as a Partnership, Sole Proprietor, Company, Closed Corporation, Non Profit Organisation (Section 21 Company), or Co-operative. All registration documents are to accompany the application. 2. Identification of an appropriate site zoned for agriculture/ aquaculture/ industrial use. Aquaculture requires an appropriate site, and therefore identification and site selection is very important. It is a listed activity in terms of Section 24 and 24D of the National Environmental Management Act, 1998 (Act No. 107 of 1998). The lead authority governing environmental issues in the relevant provincial departments which should be consulted where required. With regard to the relevant national departments, the Department of Environmental Affairs (DEA) and the Department of Agriculture, Forestry and Fisheries (DAFF) are the responsible authorities governing marine issues. 3. Re-zoning of an earmarked site. In the case where a site is not zoned specifically for marine aquaculture, an application for rezoning will have to be adhered to by the relevant authority. 4. Acquire a map of site locality. A map should be provided with coordinates of the site locality, from the site owner or relevant authority. 5. Apply to the local Authority for operation approval. All land based activities need approval from the local authority. This approval does not however exempt the applicant from undergoing a thorough Public Participation Process, which will ensure 1

2 that all Interested and Affected Parties are informed and well aware of the activities around them. The approval should be put in writing and submitted with the application. 6. Secure a valid lease or a Title Deed. Depending on the ownership of the site, a lease or a Title Deed will have to be obtained by the applicant, and should be submitted with the rest of the documents. The National Ports Authority (NPA) controls offshore and inshore waters and marine areas not controlled by the NPA are under jurisdiction of the Department of Agriculture, Forestry and Fisheries (DAFF). 7. Obtain a valid Tax Clearance Certificate. The applicant is required to declare the financial status of the proposed business with the South African Revenue Services (SARS), which will grant a valid Tax Clearance Certificate that is to accompany the application. Contact the National SARS Call Centre at Development of a business plan or proposal with a detailed operational plan. An aquaculture consultant may be able to assist in this process. The applicant is required to submit a detailed business and operational plan including the following information: a. Species of interest e.g. Abalone (Haliotis midae), Dusky Kob (Argyrosomus japonicas) etc. b. Origin of broodstock, juveniles, spat, larvae, and/or eggs. c. If imported species are being considered, the measures to be taken to avoid introduction of exotic commensals, parasites and pathogens, and measures to be taken to avoid establishment of introduced species in the wild. d. A detailed description of the cultivation method and operational plan including: i. System Design and Technology ii. Animal Husbandary iii. Water Quality Monitoring iv. Health Management e. Potential sources of pollution must be identified and highlighted on the locality map or in the document. f. The use of any kind of chemicals, antibiotics, antifoulants, fertilizers, disinfectants, therapeutants, pesticides, biotoxins, herbicides, hormones and anesthetics, that may be used or result from the operation. Methods of application that are being considered for use must also be outlined in the proposal. g. A detailed financial plan projecting capital, expenditure and income over minimum 2 year period should be included. h. The product destination or marketing strategy should be included. i. Facilities and employment opportunities that will be created should be highlighted in the business plan. j. Following means of prevention against potential environmental impacts; i. With regards to operations that require an EIA (i.e. Basic Assessment or Full EIA) in the case of listed activities identified in the National Environmental Management Act, 1998 (Act No. 107 of 1998), written proof 2

3 is required for the undertaking of a Scoping report, Risk Assessment, Public Participation Process etc. Appointment of an independent consultant and liaison with the Provincial Department in the region where the farm is located or DEAT National with respect to sea-based farming is the responsibility of the applicant. ii. In the case where the applicant is exempted from an EIA following written proof from the Provincial Department of Environmental Affairs, Economics and Tourism (DEAET), then a Risk Assessment should be conducted. Applicants are advised to take into consideration regulations (Section 63 of the Marine Living Resources Act, 1998 (Government gazette no , 2 September 1998)) applicable to minimisation of environmental impacts. 9. Environmental Monitoring and Environmental Management Plan An appropriate Environmental Management and Monitoring Plan should be submitted. An Environmental Management Plan is to be conducted by an independent consultant and an Environmental Monitoring Plan may be conducted by the applicant or an independent consultant. 10. Traceability Protocol A traceability protocol is necessary for the production and sale of undersized or protected indigenous marine species (a guideline can be obtained from the Department of Agriculture, Forestry and Fisheries (DAFF), Marine Aquaculture Management). This involves an appropriate traceability protocol of tracing the product from production to harvesting and processing for sale on the market. 11. The Minister may require an applicant to provide any additional information in relation to the application, which the Minister reasonably considers necessary, and may refuse to consider the application until this information is provided. 12. Application forms to apply for a marine aquaculture permit can be obtained from the Department of Environmental Affairs and Tourism, Marine and Coastal Management, Senior Admin Officer, Marine Aquaculture Management, Ms. B. Taylor, Tel. (021) , Fax (021) , or Betsie@deat.gov.za and website Applicants are further advised to familiarize themselves with the regulations specific to marine aquaculture, in terms of the following Acts: Marine Living Resources Act, 1998 (Act No. 18 of 1998) The National Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) The National Environmental Management Act, 1998 (Act No. 107 of 1998) The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) The National Environmental Management: Protected Areas Act, 2003 (Act No. 10 of 2003) 3

4 National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) The Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973) The Health Act, 1977 (Act No. 63 of 1977) The National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008) Standards Act, 2008 (Act No. 8 of 2008) The Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947) Medicines and Related Substances Act, 1965 (Act No. 101 of 1965) Summary of Requirements on Applying for a Marine Aquaculture Right The following is a summary of the requirements on applying for a right to engage in marine aquaculture: Application Form An application form for an amendment to a marine aquaculture right should be completed and can be obtained from the Department of Agriculture, Forestry and Fisheries, Marine Aquaculture Management Unit, Tel. (021) , Fax (021) , or Betsie@deat.gov.za, aquaculture@deat.gov.za and website The following documentation is to accompany the application form: Registration and/ or Identification Marine aquaculture is a commercial operation and therefore involves trading. All applicants will therefore be required to register their business as a Partnership, Sole Proprietor, Company, Closed Corporation, Non Profit Organization (Section 21 Company), or Co-operative. Copies of registration documents and identification of the applicant should accompany the application form. Valid lease or Title Deed A valid lease or title deed for the site where the proposed operation will take place e.g. sea space in an area controlled by the National Ports Authority (NPA)/ Transnet, land for land based operations, proof of ownership of land etc. Detailed business and operational plan A detailed business plan should be compiled, with map and location (including site co-ordinates) of the proposed site included, which should accompany approval for the proposed operation from the relevant authority where applicable. The business plan should also include an operational plan describing the method and species to be cultured as well as a detailed financial plan. 4

5 Environmental Impact Assessment and/ or Risk Assessment An Environmental Impact Assessment (EIA) (i.e. Basic Assessment or full EIA) is required for specific listed activities identified in the National Environmental Management Act (NEMA) of The EIA must be authorized by the competent authority i.e. Provincial Department such as the Department of Environmental Affairs, Economics and Tourism (DEAET). In the case where an EIA is not required with an exemption granted by the Provincial authority, then a Risk Assessment may be conducted with written proof from the Provincial Department. Environmental Management Plan and Monitoring Plan There may be a requirement for an environmental management and monitoring plan to be formulated before a marine aquaculture right is issued. This should be conducted by an independent individual/company e.g. environmental consultancy firm. Traceability Protocol (if applicable) A traceability protocol is necessary for the production and sale of undersized or protected indigenous marine species (a guideline can be obtained from the Department of Agriculture, Forestry and Fisheries (DAFF), Marine Aquaculture Management). SARS Tax Clearance Certificate A valid SARS Tax Clearance Certificate is a necessary requirement for any business. 5

6 Useful Contact Information Bank Loans/ Government Funding Standard Bank Tel: ABSA Bank Tel: Development Bank of South Africa (DBSA) Tel: (011) Industrial Development Corporation (IDC) Tel: National Empowerment Fund Nokuthula Fakude Senior Investment Associate Rural and Community Development Fund Tel: (011) Cell: Fax: (011) Aquaculture Insurance SANTAM Mr Jan de Kok Agricultural Risk Services Tel: (051) Mr Louis Jonker SANTAM Agriculture Tel: (028) Fax: (086) Cell:

7 Provincial Authorities Western Cape Province Mr. Alvan Gabriel Tel: (021) Mr. Clint Joseph Tel: (021) Eastern Cape Province Head Office Mr Gerry Pienaar (Director) Cell: Cacadu Regional Office, Port Elizabeth Mr Jeff Govender (Regional Manager) Mr Andries Struwig (Assistant Manager) Cell: Office Tel: (041) Office Fax: (041) Amathole Regional Office, East London Ms Tembela Mapukata (Assistant Manager) Tel: (043) Cell: Fax: (043) Tambo Regional Office, Mtatha Mr Sizakela Gabula (Regional Manager) Cell:

8 Mr Qondile Paliso (Assistant Manager) Tel: (047) Fax: (047) Northern Cape Province Ms. Lucille Karsten Tel: (027) , KwaZulu-Natal Province Mr. Simon Bundy Tel: (032) Cell: Ms. Digby Cyrus Tel: (035) Cell: (035) Dr. A.S. Dludla (Divisional Manager: Agri Business) Tel: (033) Cell: Mr. Bonginkosi Shangase (Divisional Manager: Business Finance) Tel: (031) Respective Districts - Kwazulu Natal Province Richards Bay/ Empangeni Ms. Muzi Mdamba Tel: (035) Cell: Mdambam@enviroe.kzntl.gov.za 8

9 Durban/ ethekwini Mr. Malcom Moses Tel: (031) Cell: ilembe Ms Nombulelo Zungu Tel: (032) Cell: Ugu Mr. Jeremiah Randall Tel: (039) /5 National Departmental Authorities Department of Environmental Affairs (DEA) Ms. Lebogang Molefe Environmental Impact Evaluation Tel: (012) Mr. John Geeringh Environmental Impact Evaluation Tel: (012) Feroza Albertus Marine and Coastal Pollution Management Tel: (021) Department of Agriculture, Forestry and Fisheries (DAFF) Khumo Morake Marine Aquaculture Management: Development and Authorisations Tel: (021)

10 Asanda Njobeni Marine Aquaculture Management: Environmental Assessments Tel: (021) Transnet Ltd. National Ports Authority (NPA) Head Office Tel: (011) Fax: (011) Leticia Greyling National Environmental Manager Tel: (011) Fax: (011)