Constraints in expanding forestry areas – a FSA perspective · Afforestation of land is covered...

CONSTRAINTS IN

EXPANDING

FORESTRY AREAS – A

FSA PERSPECTIVE

JOHN SCOTCHER

FORESTRY SOUTH AFRICA

Focus on Forest Engineering 2010:

Forest Biofuels: A Green Resource?

OUTLINE OF PRESENTATION

National Water Act

National Environmental Management Act and the EIA Regulations

National Environmental Management: Biodiversity Act

National Environmental Management: Waste Act

Conservation of Agricultural Resources Act and the CARA Regulations

National Forests Act

National Heritage Resources Act

National Environmental Management Act: Waste Act

2

NATIONAL WATER ACT

Afforestation a SFRA

Requires a water use licence

Obtaining a licence requires

reserve determination

availability of water

3

NATIONAL WATER ACT

Difficulties encountered

delays in reserve determination

application of section 27(1) of the NWA, specifically

1(b) redress of past racial and gender

discrimination

Forestry Charter BBBEE initially not recognised as

meeting 27(1)(b) requirements

Plan required to improve compliance level

4

NATIONAL WATER ACT


Area exchange – trees removed from sensitive

areas and planted elsewhere on the same farm

Genus exchange – potential reduction in area

planted when changing from Pinus spp to

Eucalyptus spp

5

NATIONAL WATER ACT


Genus exchange does not constitute a different

form of water use

Reapplications for water use licence required

for genus exchange invokes section 27(1)(b)

and area exchange

6

NEMA AND EIA REGULATIONS

New EIA Regulations in force 2 August

Afforestation up to 100ha does note require

environmental authorisation

But, constraints in certain geographical areas,

which are confusing and contradictory

7

CONSERVATION OF AGRICULTURAL RESOURCES

ACT

Virgin land may not be cultivated without authority

Land with a slope of 20% / 12%

Protection of land against soil loss

No vlei, marsh ... cultivated

No land within the flood area of a watercourse or within 10m horizontally outside the flood area of a water course may be cultivated without authority

8


ACT

Commercial forestry species that have been

declared category 2 plants may not occur on

land other than a demarcated area ≡ areas for

which a water use licence has been issued

(SFRA) in terms of NWA

All reasonable steps must be taken to curtail

spread of category 2 plants from demarcated

areas

9


ACT

Sale and control of category 2 plants is

controlled

Category 2 plants may not occur within 30m of

the 1:50 year flood line of a river, stream,

spring.... lake, dam or wetland unless

authorised to the contrary by the NWA or other

valid authorisation (e.g. afforestation permit)

10


ACT

NB This provision applies from March 2001,not

retrospectively

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NATIONAL FORESTS ACT

Proposed regulations on the basis of which it

can be determined whether or not forests are

being managed sustainably.

NB: Forests ≡ natural forests, plantations and

woodlands

12

NATIONAL ENVIRONMENTAL MANAGEMENT:

BIODIVERSITY ACT AND DRAFT ALIEN INVASIVE

SPECIES REGULATIONS

Commercial forest species included as a listed

invasive species (200 animals and 348 plants)

invasive spp requiring compulsory control

invasive spp controlled as part of an invasive

species control programme

invasive species regulated by area

invasive species regulated by activity

13



SPECIES REGULATIONS

Potential implications

Person carrying out a restricted activity (growing,

breeding, having in possession, conveying, selling,

buying, giving, disposing etc.) must apply to an

issuing authority (DWA) for registration as a

registered body

Registration requirements: name, listed invasive

spp, details of all restricted activities previously

undertaken and intended to undertake

14



SPECIES REGULATIONS Potential implications

details of an association of persons carrying out restricted activities of which applicant is a member (e.g. FSA)

the magisterial districts

application to be accompanied by written confirmation from the association (FSA) that the restricted activities have been undertaken by the applicant in accordance with the Act and regulations and any norms and standards

15



SPECIES REGULATIONS


Issuing authority must assess the application

Take into account whether the applicant is a

member in good standing of the association

Authorisation/certificate valid for three years

16



SPECIES REGULATIONS


Registered body/person must submit an annual

report, including

Name

Restricted activities involving the listed invasive species

The listed invasive species

The number of specimens of each listed invasive species

in relation to which the restricted activities were

undertaken

17



SPECIES REGULATIONS Potential implications

Issuing authority may issue a permit only if

Applicant has adequately assessed the risks and impacts associated with the restricted activity

The species has negligible or no invasive potential (?)

Benefits are greater than the costs associated with remedying damage environment

Satisfied that adequate measures have been undertaken by applicant to prevent spread of the species

18



SPECIES REGULATIONS Potential problems

Dead aliens are exempt form the Act but not dead invasives

Dead invasives ≡ specimen

Specimen ≡ living or dead plant

≡ any derivative of a plant .....

Derivative ≡ any part, tissue of extract of a plant, whether fresh, preserved or processed, and includes any chemical compound derived from such part, tissue or extract

Not the intention of the Act, but pulp and paper is a “specimen” in terms of the Act!!

19

NATIONAL HERITAGE RESOURCES ACT

Afforestation of land is covered by the definition of development

Construction of roads and bridges are also affected

Person who proposes the afforestation over 5000m² (1,25ha) must notify the responsible heritage resources authority

The responsible heritage resources authority must respond within 14 days if there is a reason to believe that heritage resources will be affected by afforestation

No alignment with EIA Regulations

20


WASTE ACT

Waste management activity ≡ waste

management licence

Category A

Storage (100m³)

Reuse, recycling, recovery (10 tons/mo)

Treatment (10 tons)

Disposal (25000 tons general; 500kg domestic/mo)

Category B – ditto (hazardous)

21


WASTE ACT

Three important definitions

(1) “disposal” defined as the burial, deposit, discharge, abandoning, dumping, placing or releasing of any waste into, or onto land

(2) “waste” means any substance, whether or not that substance can be reduced, re-used, recycled and recovered

(a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of;

(b) which the generator has no further use of for the purposes of production;

22


WASTE ACT

(c) that must be treated or disposed of; or

(d) that is identified as waste by the Minister by notice in

the Gazette,

And, includes waste generated by the mining,

medical or other sectors, but

(i) a by-product is not considered waste; and

(ii) any portion of waste, once re-used, recycled and

recovered, ceases to be waste.

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WASTE ACT

(3) “by-product” means a substance that is

produced as part of a process that is primarily

intended to produce another substance or product

and that has the characteristics of an equivalent

virgin product or material

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WASTE ACT

Why am I telling you all this?

An environmental legal compliance audit report on a member’s farm concluded that wood waste left in the plantation constitutes the “disposal of general waste on land” and requires a waste management licence.

Advised to apply for an exemption from licencingrequirements because of the benefits of the biomass on the land.

25


WASTE ACT

Is biomass left on site not a by-product?

But what if you re-use it and/or recover it and

transport it to another site for use as a biofuel?

26

CONCLUSION

The legal life of a forest tree

Is full of constraints, as we have seen

It’s permits here and licences there

The paperwork is too much to bear

Methinks the only reason for some hope

Is that our products are used by all the folk

Who write the laws to limit our growth

But, there will always be a need for us

So bugger the laws – what’s the fuss?27

Constraints in expanding forestry areas – a FSA perspective · Afforestation of land is covered...

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