NEMBA: Draft Norms and Standards for Area-Based Conservation

Posted 13 February 2026 Written by Acts Online
Category Environmental Law

Brought to you by SA Legal Academy: The Department of Forestry, Fisheries & the Environment (DFFE) has released draft norms and standards for the identification and assessment of areas not formally protected but requiring in-situ biodiversity conservation.

In terms of the National Environmental Management: Biodiversity Act, No. 10 of 2004, the DFFE has called for public input on draft norms and standards for assessing areas that may qualify as Other Effective Area-Based Conservation Measures (OECMs). These measures are intended to recognize and support biodiversity conservation in areas that are not officially declared as protected areas under the National Environmental Management: Protected Areas Act, No. 57 of 2003.

The draft norms and standards seek to establish ‘clear minimum requirements’ for the introduction of OECMs. The primary objectives include:

  • Defining the criteria for identifying areas that contribute to the long-term in-situ conservation of biodiversity;
  • Setting the standards for the assessment and recognition of these areas; and
  • Ensuring that conservation outcomes in these areas are sustained and measurable.

The DFFE has set a deadline for public comment of 15 March 2026. This extended consultation period allows stakeholders to evaluate the potential impact on land-use planning and environmental management frameworks.

What this means for you, your business, or your clients

  • For yourself: You must update your regulatory knowledge regarding the distinction between formally protected areas and OECMs to provide accurate compliance advice under the National Environmental Management: Biodiversity Act, No. 10 of 2004.
  • For your business: Environmental consultancies and land management firms should review the draft assessment criteria to prepare for new service offerings related to OECM identification and reporting for private and communal landholders.
  • For your clients: Landowners and developers holding land with high biodiversity value should assess whether their properties might meet these new norms, as OECM recognition may influence future land-use applications or environmental impact assessment (EIA) requirements.

Originally published at https://legalacademy.co.za/news/read/biodiversity-area-based-conservation-norms-standards-gazetted-for-comment

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