WWF-SA Positioning Statement

Written by Dr Rob Little, WWF-SA

Monday, 04 April 2005

CONTROL OF OFF-ROAD VEHICLES IN COASTAL ZONES Biodiversity conservation is the core of WWF's global focus. In line with this, WWF-SA supports the South African government's stance in regard to the protection and conservation of sensitive coastal areas, and its ban on the indiscriminate use of the coastal zone by off-road vehicles (ORVs). The ban, originally enacted in 2001, has been the source of vigorous debate. Proposed amendments were made available for public comment in April 2004 and were gazetted on 3 December. Taking note that Regulations can only be as effective as their implementation, WWF-SA welcomes the recent completion of strategic environmental assessments which will provide a strong supportive platform for administrative officials of the Department of Environmental Affairs and Tourism (DEAT). WWF-SA is in broad agreement with most of the amendments to the Regulations, with the proviso that certain elements of the amended Regulations bear scrutiny: Regulation 4 In terms of permissible use of vehicles on beaches six categories of use have been identified where a permit or formal authorisation is not required: Use of a vehicle in an area defined as a mining area. Use of a vehicle under emergency situations. Use of a vehicle within a boat launching site. Use by physically disabled people of electrically propelled vehicles specifically designed for that purpose. Use by government personnel performing public duties. Use by the National Sea Rescue Institute or Lifesaving SA. WWF-SA agrees with WESSA (Wildlife and Environment Society of SA) that the mining exclusion should be refined to incorporate only mined areas and designated routes to and from the mined areas, thereby protecting unmined sensitive environments. Designated Recreational Use Areas Recreational use areas are demarcated areas where vehicles may be used under permit to promote organised sport fishing competitions sanctioned by the SA Shore Angling Association or to accommodate physically disabled persons. Since only a small percentage of SA's coastline falls within protected areas, WWF-SA does not support the idea of defining recreational areas within these zones, because there are sufficient other sites to use for the purpose as outlined in the Regulations. Regulation 6 DEAT will consider vehicle use permits in coastal zones where it relates to one of the following: Commercial fishing rights - WWF-SA supports this amendment which limits the issue of permits only in such cases where commercial viability depends on vehicle access to the coast.  However, consideration for environmental damage should still regulate such activities. Scientific research - WWF-SA supports permits for bona fide research purposes only, where the ORV is deemed as necessary and environmental impact is minimal. WWF-SA further suggests that no exemptions be granted to any research institutions, including those that are aligned to the State. Access to private property - WWF-SA supports the proviso that access will be granted where it is shown that no other reasonable alternative access route to the property exists. Tourism - Applicants for this permit have to satisfy the requirement that the vehicle use will not cause significant harm to the environment, nor pose a threat to the safety of the public. In this category, WWF-SA believes that applicants should comply with Environmental Impact Assessment (EIA) Regulations, and be denied where the intended use falls within a sensitive area. Production of advertisements, feature films, still photographs or television programmes - WWF-SA suggests that applicants comply with Section 24(4) of the National Environmental Management Act of 1998 (NEMA), which provides for the investigation of potential impacts of the activity, and that an environmental control officer be present for the duration of the activity. Although such activities are typically of short duration, their aggregated impacts can be significant. Transport of physically disabled persons - In WWF-SA's view, this area is open to interpretation and abuse. Regulations should at least limit the number of occupants to two, and it should exclude sensitive areas. Sport fishing competitions - WWF-SA supports this amendment, with the proviso that such permits are evaluated to ensure that such competitions are held in the spirit and to the letter of the Regulations. Regulation 7 This regulation, which governs the application for a licence to operate a new  or existing boat launching site, requires that applicants comply fully with section 24 (4) of NEMA and that a full environmental management plan be submitted.  WWF-SA believes that the number of boat launching sites should be controlled and that new sites be subjected to a full EIA. Exemptions Exemptions are to be granted only in cases where vehicle use is clearly in the public interest or in the interest of protecting the environment. WWF-SA again sounds a word of warning - exemptions can be made only in exceptional circumstances. Furthermore, WWF-SA shares the view of Environmental Affairs Minister Marthinus van Schalkwyk that revenue accruing from use of ORVs on coastal zones cannot be used as an excuse to ignore their impact on sensitive environmental areas. This is particularly relevant where it relates to tourism, commercial and marketing ventures, where sheer monetary value makes it difficult to stay within the confines of the Regulations. WWF-SA does, however, acknowledge the need to examine the direct socio-economic impact of the Regulations on local communities that are often dependent on revenue streams from off road activities. In this instance, WWF-SA supports alternate community based initiatives aimed at providing income generating opportunities. Finally, WWF-SA lends its voice to the call for reducing ORV activities on private and state land, and protected areas, thereby reducing their negative impact on sensitive areas of biodiversity. Dr Rob Little WWF-SA April 2005