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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Notices

Procedures for the Assessment and Minimum Criteria for reporting on Identified Environmental Themes ito Sections 24 and 44 of the Act when applying for Environmental Authorisation

Schedule B : Environmental Themes

Biodiversity : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Aquatic Biodiversity

3. Specialist Assessment and Minimum Report content requirements

 

TABLE 1: ASSESSMENT AND REPORTING OF IMPACTS ON AQUATIC BIODIVERSITY

 

1. General information

 

1.1. An applicant intending to undertake an activity identified in the scope of this protocol on a site identified on the screening tool as being of:
1.1.1. "very high sensitivity" for aquatic biodiversity, must submit an Aquatic Biodiversity Specialist Assessment; or
1.1.2. "low sensitivity for aquatic biodiversity, must submit an Aquatic Biodiversity Compliance Statement.

 

1.2. Where the information gathered from the site sensitivity verification differs from the screening tool designation of "very high" aquatic biodiversity sensitivity, and it is found to be of a "low' sensitivity, an Aquatic Biodiversity Compliance Statement must be submitted.

 

1.3. Similarly, where the information gathered from the site sensitivity verification differs from the screening tool designation of "low' aquatic biodiversity sensitivity, and it is found to be of a "very high" sensitivity, an Aquatic Biodiversity Specialist Assessment must be submitted.

 

1.4. If any part of the proposed development footprint tails within an area of "very high" sensitivity, the assessment and reporting requirements prescribed for the "very high" sensitivity apply to the entire footprint, excluding a linear activity for which impacts on aquatic biodiversity are temporary and the land in the opinion of the aquatic biodiversity specialist, based on the mitigation and remedial measures, can be returned to the current state within two years of the completion of the construction phase, in which case a compliance statement applies. In the context of this protocol, development footprint means the area on which the proposed development will take place and includes any area that will be disturbed

 

VERY HIGH SENSITIVITY RATING - for aquatic biodiversity features
2. Aquatic Biodiversity Specialist Assessment

 

2.1. The assessment must be prepared by a specialist registered with the South African Council for Natural Scientific Professionals (SACNASP) with expertise in the field of aquatic biodiversity.

 

2.2. The assessment must be undertaken on the preferred site and within the proposed development footprint.

 

2.3. The assessment must provide a baseline description of the site which includes, as a minimum, the following aspects:
2.3.1. a description of the aquatic biodiversity and ecosystems on the site, including;
(a) aquatic ecosystem types; and
(b) presence of aquatic species, and composition of aquatic species communities, their habitat, distribution and movement patterns;
2.3.2. the threat status of the ecosystem and species as identified by the screening tool20;
2.3.3. an indication of the national and provincial priority status of the aquatic ecosystem, including a description of the criteria for the given status (i.e. if the site includes a wetland or a river freshwater ecosystem priority area or sub catchment, a strategic water source area, a priority estuary, whether or not they are free-flowing rivers, wetland clusters, a critical biodiversity or ecologically sensitivity area); and
2.3.4. a description of the ecological importance and sensitivity of the aquatic ecosystem including:
(a) the description (spatially, if possible) of the ecosystem processes that operate in relation to the aquatic ecosystems on and immediately adjacent to the site (e.g. movement of surface and subsurface water, recharge, discharge, sediment transport, etc.); and
(b) the historic ecological condition (reference) as well as present ecological state of rivers (in-stream, riparian and floodplain habitat), wetlands and/or estuaries in terms of possible changes to the channel and flow regime (surface and groundwater).

 

2.4. The assessment must identify alternative development footprints within the preferred site which would be of a "low" sensitivity as identified by the screening tool and verified through the site sensitivity verification and which were not considered appropriate.

 

2.5. Related to impacts, a detailed assessment of the potential impacts of the proposed development on the following aspects must be undertaken to answer the following questions:
2.5.1. Is the proposed development consistent with maintaining the priority aquatic ecosystem in its current state and according to the stated goal?
2.5.2. is the proposed development consistent with maintaining the resource quality objectives for the aquatic ecosystems present?
2.5.3. how will the proposed development impact on fixed and dynamic ecological processes that operate within or across the site? This must include:
(a) impacts on hydrological functioning at a landscape level and across the site which can arise from changes to flood regimes (e.g. suppression of floods, loss of flood attenuation capacity, unseasonal flooding or destruction of floodplain processes);
(b) will the proposed development change the sediment regime of the aquatic ecosystem and its sub-catchment (e.g. sand movement, meandering river mouth or estuary, flooding or sedimentation patterns);
(c) what will the extent of the modification in relation to the overall aquatic ecosystem be (e.g. at the source, upstream or downstream portion, in the temporary/seasonal/permanent zone of a wetland, in the riparian zone or within the channel of a watercourse, etc.); and
(d) to what extent will the risks associated with water uses and related activities change;
2.5.4. how will the proposed development impact on the functioning of the aquatic feature? This must include:
(a) base flows (e.g. too little or too much water in terms of characteristics and requirements of the system);
(b) quantity of water including change in the hydrological regime or hydroperiod of the aquatic ecosystem (e.g. seasonal to temporary or permanent; impact of over-abstraction or instream or off stream impoundment of a wetland or river);
(c) change in the hydrogeomorphic typing of the aquatic ecosystem (e.g. change from an unchannelled valley- bottom wetland to a channelled valley-bottom wetland);
(d) quality of water (e.g. due to increased sediment load, contamination by chemical and/or organic effluent, and/or eutrophication);
(e) fragmentation (e.g. road or pipeline crossing a wetland) and loss of ecological connectivity (lateral and longitudinal); and
(f) the loss or degradation of all or part of any unique or important features associated with or within the aquatic ecosystem (e.g. waterfalls, springs, oxbow lakes, meandering or braided channels, peat soils, etc.);
2.5.5. how will the proposed development impact on key ecosystems regulating and supporting services especially:
(a) flood attenuation;
(b) streamflow regulation;
(c) sediment trapping;
(d) phosphate assimilation;
(e) nitrate assimilation;
(f) toxicant assimilation;
(g) erosion control; and
(h) carbon storage?
2.5.6. how will the proposed development impact community composition (numbers and density of species) and integrity (condition, viability, predator-prey ratios, dispersal rates, etc.) of the faunal and vegetation communities inhabiting the site?

 

2.6. In addition to the above, where applicable, impacts to the frequency of estuary mouth closure should be considered, in relation to:
(a) size of the estuary;
(b) availability of sediment;
(c) wave action in the mouth;
(d) protection of the mouth;
(e) beach slope;
(f) volume of mean annual runoff; and
(g) extent of saline intrusion (especially relevant to permanently open systems).

 

2.7. The findings of the specialist assessment must be written up in an Aquatic Biodiversity Specialist Assessment Report that contains, as a minimum, the following information:
2.7.1. contact details of the specialist, their SACNASP registration number, their field of expertise and a curriculum vitae;
2.7.2. a signed statement of independence by the specialist;
2.7.3. a statement on the duration, date and season of the site inspection and the relevance of the season to the outcome of the assessment;
2.7.4. the methodology used to undertake the site inspection and the specialist assessment, including equipment and modelling used, where relevant;
2.7.5. a description of the assumptions made, any uncertainties or gaps in knowledge or data;
2.7.6. the location of areas not suitable for development, which are to be avoided during construction and operation, where relevant;
2.7.7. additional environmental impacts expected from the proposed development;
2.7.8. any direct, indirect and cumulative impacts of the proposed development on site;
2.7.9. the degree to which impacts and risks can be mitigated;
2.7.10. the degree to which the impacts and risks can be reversed;
2.7.11. the degree to which the impacts and risks can cause loss of irreplaceable resources;
2.7.12. a suitable construction and operational buffer for the aquatic ecosystem, using the accepted methodologies;
2.7.13. proposed impact management actions and impact management outcomes for inclusion in the Environmental Management Programme (EMPr);
2.7.14. a motivation must be provided if there were development footprints identified as per paragraph 2.4 above that were identified as having a "low" aquatic biodiversity sensitivity and that were not considered appropriate;
2.7.15. a substantiated statement, based on the findings of the specialist assessment, regarding the acceptability or not of the proposed development and if the proposed development should receive approval or not; and
2.7.16. any conditions to which this statement is subjected.

 

2.8. The findings of the Aquatic Biodiversity Specialist Assessment must be incorporated into the Basic Assessment Report or the Environmental Impact Assessment Report including the mitigation and monitoring measures as identified, that are to be included in the EMPr.

 

2.9. A signed copy of the assessment must be appended to the Basic Assessment Report or Environmental Impact Assessment Report.

 

LOW SENSITIVITY RATING - for aquatic biodiversity features.
3. Aquatic Biodiversity Compliance Statement

 

3.1. The compliance statement must be prepared by a suitably qualified specialist registered with the SACNASP, with expertise in the field of aquatic sciences.

 

3.2. The compliance statement must:
3.2.1. be applicable to the preferred site and the proposed development footprint;
3.2.2. confirm that the site is of "low" sensitivity for aquatic biodiversity; and
3.2.3. indicate whether or not the proposed development will have an impact on the aquatic features.

 

3.3. The compliance statement must contain, as a minimum, the following information:
3.3.1. contact details of the specialist, their SACNASP registration number, their field of expertise and a curriculum vitae;
3.3.2. a signed statement of independence by the specialist;
3.3.3. a statement on the duration, date and season of the site inspection and the relevance of the season to the outcome of the assessment;
3.3.4. a baseline profile description of biodiversity and ecosystems of the site;
3.3.5. the methodology used to verify the sensitivities of the aquatic biodiversity features on the site including the equipment and modelling used where relevant;
3.3.6. in the case of a linear activity, confirmation from the aquatic biodiversity specialist that, in their opinion, based on the mitigation and remedial measures proposed, the land can be returned to the current state within two years of completion of the construction phase;
3.3.7. where required, proposed impact management outcomes or any monitoring requirements for inclusion in the EMPr;
3.3.8. a description of the assumptions made as well as any uncertainties or gaps in knowledge or data; and
3.3.9. any conditions to which this statement is subjected.

 

3.4. A signed copy of the compliance statement must be appended to the Basic Assessment Report or Environmental Impact Assessment Report.

 

 

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20 These ecosystems include the National Environmental Management Biodiversity Act, 2004 (Act No. 10 of 2004) listed ecosystems.