The Decision Making Process

It must be stressed that the EMD is a commenting authority and does not make final decisions on any applications reviewed. Its comments are, however, generally taken into account, and any required conditions imposed by the EMD become conditions of approval. The EMD is represented on the Joint Advisory Committee, a planning committee that considers planning applications, to ensure that its concerns are included in the decision making process.

In addition a formal forum has been established between the EMD and the Department of Agriculture and Environmental Affairs (DAEA), as well as the Department of Minerals and Energy (DME). The purpose of the DAEA forum is twofold, firstly it allows for the sharing of biodiversity concerns on the larger EIA applications received, and secondly it allows the EMD to keep track of the municipality’s capital budget projects that are undergoing EIA review. It is hoped through this process that municipal concerns are incorporated into DAEA decisions. A mining forum has also been established with relevant governments and the Department of Minerals and Energy. The purpose of this forum is to discuss applications, share mining related concerns, and identify areas for co-operation and research.

Implementation Tools

A number of implementation tools are used during the assessment process in order to achieve more sustainable development. These tools are often developed by the Policy and Biodiversity Branches of the EMD, but the Assessment Branch is largely responsible for implementing them and ensuring their inclusion in decisions made. The main tools together with examples of their use are described below.

Conservation Servitudes

The imposition of conservation servitudes as a condition of approval is a cost effective and relatively easily achieved means of securing the open space system. Conservation servitudes like any other servitude are registered against the Title Deed of the property and are shown in the Surveyor General Diagrams. The servitude area remains in the ownership of the land owner, but cannot be developed, and must be managed for conservation purposes. In compensation, rates relief is available.

Conservation servitude Conditions

• No earthworks or any form of development is permitted within the area
• No landscaping or planting except for rehabilitation in terms of an approved management plan
• No collection or damaging of fauna, flora, soil and water resources
• No vehicles of any type are permitted
• No pets or domestic animals permitted

Note in the examples below, the application site boundary is indicated by a thick black line and the conservation servitude area by red hatching.

Inanda Road Waterfall Grassland Protection

Bhengu Road Amanzimtoti Riverine Forest Protection

Ecological Compensation

In certain cases, it is not possible to achieve the required conservation of land on the application site. In such cases, the principle of ecological compensation is applied. This can take the form of off-site habitat creation (the principle of 10 for 1 is applied, i.e. for every unit that is destroyed, 10 times that in habitat is created), or financial compensation. In the latter case a fund has been set up into which monies are paid by the developer and used by the municipality to either manage or acquire conservation worthy land not already secured or managed.

Suncoast Casino

Please can the text be next to the picture rather than above or below it
This was the first time that the principle of ecological compensation was applied to decision making in Durban. The developer was allowed to establish a recreational lawned area over a degraded dune environment and as compensation was required to rehabilitate and maintain the coastal dune environments in the vicinity. The picture shows the lawned area and the blackened sand indicates the area of dune rehabilitation.

Garden Park

Please can the text be next to the picture rather than above or below it

This centrally located vacant site was planned for housing and commercial development. The site was somewhat degraded as result of lack of management and the establishment of alien invader weeds. There was, however, an area of secondary grassland (a restricted habitat in Durban) that was to be lost to development. As compensation for this loss, the applicant has contributed financially for the securing and management of other grassland communities in the area.