SAROOF Submission

Written by Francois Smit, SAROOF

Saturday, 15 October 2005

Article Index SAROOF Submission Page 2 Page 1 of 2 Paper by the South African Route Owners and Operators Forum (SAROOF) to the National Off-Road Workshop (NOW) regarding the sustainable and environmentally sensitive development and operations of 4x4 Trails and Off-Road Destinations. INTRODUCTION The problem In April 2005, the Minister of Environmental Affairs & Tourism, Mr. Marthinus Van Schalkwyk, voiced concern over the growing impact that off-road activities were having on the environment, and called upon the off-road community (with specific reference to the 4x4 Trail Industry and “irre¬sponsible” 4x4 vehicle owners "whose activities continue to damage sensi¬tive sections of our inland environ¬ment") to develop ways to regulate themselves, before he was forced to take unilateral action. Legislation in terms of the National Environmental Manage¬ment Act (Section [24] Guidelines) provides for any person, institution, company, et al, that has permitted or caused any development that may be deemed illegal in terms of the Envi¬ronmental Conservation Act, as read with Environmental Impact Assess¬ment (EIA) regulations in 1997, to complete an application for amnesty by July 6 or face a R5 million fine or a 10-year jail sentence. Although damage to the environ¬ment has widely been reported as a 4x4 problem there are many mil¬lions of hectares of land under the control of farmers who have been blissfully unaware that this legisla¬tion applies to them. To tell a fourth generation farmer whose family has owned the land that he lives on -since the 1800s that he may not clear a field, make a campsite or a new track to visit his sheep elicits a response of sheer incredulity. Our best estimate is that between 50% and 70% of routes in South Africa are in contravention of the NEMA to some degree. There are even routes that have ‘been approved’ by local Conservation officers, whose owners/operators may incorrectly believe that they are operating legally. Moreover, it s not only the 4x4 routes that fall foul of the legislation: as reported widely in the media and parliamentary speeches; property developers, small businesses and major industries are all required to comply. Even low-cost RDP housing schemes that may have been devel¬oped in contravention of the EIA regulations are affected. In the past few years many developers and operators trying to follow legal procedures have faced delays of up to 3 years for a relative simple, small scale development; many small businessmen cannot afford to spend between R50 000 and R100 000 on an EIA, scoping report and consultants and then still wait two years for an answer. The real issues Environmental legislation and requirements has been with us for years. If you asked any farmer if he is allowed to build a new dam or to clear pristine veldt for cultivation, 9 out of 10 times, the response would be “No”. If the same farmer is asked if he is allowed to develop an existing harvesting route into a 4x4 trail in order to earn additional income, the response will be:  “Yes – why not”. As citizens of South Africa it is our responsibility to be law abiding and to comply with legislation. This does not mean that we have to agree with it all, but again, it places the responsibility on us to become actively involved in the shaping thereof. We cannot plead ignorance! If clients (clubs, individuals etc.) visit our trail and causes damage to the environment, our property and our image, we cannot cry foul! We may not be responsible, but we are accountable! The development and operation of a 4x4 Trail and Destination is not an easy task – and even though we as farmers are conservationist by heart, it requires special skill and knowledge to do this successfully. Furthermore, in order to be economical viable and environmentally sustainable, it is impossible to approach it as just another “farm activity”. It must be run as a business! Our business is not just another economic entity and activity, but one who is trading in International Heritage and National Biodiversity. It requires extreme care and skill. The real challenge (and solution) As psychologists have advised over 100 years, you cannot change people’s behaviour by changing people’s minds. You change their minds by changing their behaviour. This requires education, education and education – supported by effective awareness programs – based upon our (read: my) example! SAROOF Background The South African Route Owners and Operators Forum was established in February 2005 by a small group of Trail Owners and Industry role players who realised the need to address the opportunities, challenges and problems facing the 4x4 Trail Industry. The primary objective behind the establishment of the Route Owners Forum is to provide a single voice to represent 4WD Route Owners and to ensure that route owners got the necessary advice and support in terms of the development and operation of their business which is subject to any number of environmental laws. Following a focused national awareness campaign, where more than 300 Trail Owners was targeted through electronic mail and the printed media, 104 Route Owners joined SAROOF since March 2005. These routes collectively represent: Millions of hectares of private land Direct- and indirect employment for thousands of people (farm labourers, local community craft shops and related services etc.) An opportunity to develop eco-adventure tourism in South Africa by highlighting the unique biodiversity and regional cultures in our diverse country. The Challenge To unite all 4x4 Trail Owners and Operators in a single representative body. To promote 4x4 (Off-road) trails as a premium Eco-Adventure Tourist destination and to support the development and operation thereof. To create a positive and informed public awareness of the activities that we as route owners engage in and more specifically the manner is which we do it. (This must be done in a way will yield the greatest benefit to present generations while maintaining the potential to meet the needs and aspirations of future generations; It must include sustainable use, protection, maintenance, rehabilitation, restoration and the enhancement of the natural environment) SAROOF: VISION, MISSION AND OBJECTIVES Vision For the 4x4 (off-road) trails and destinations of Africa, to be internationally known as the premium Eco-Adventure Tourism destination and where the way in which we sustainably co-exist and interact with our environment, is deemed to be the example for generations to follow. Mission To represent and support the business of off-road (4x4) route owners in developing and promoting the off-road (4x4) Trail industry as a premium Eco-Adventure Tourism product that is economically viable and environmentally sustainable and socially fair without destroying the ecological balance of a particular area. Values SAROOF members acknowledge that, as land owners and concession holders we have been entrusted with a large part of our country’s rich and unparalleled biodiversity, splendour and beauty. We therefore accept our role as the custodians and pledge to wisely use, manage and protect this heritage entrusted to us. SAROOF members are committed to sharing these resources (natural wealth) with others through the development and management of sustainable eco-adventure tourism destinations. We therefore subscribe to the principles and guidelines contained in the Responsible Tourism Manual for South Africa. SAROOF members respect the environmental clause in the Bill of Rights in the Constitution of the Republic of South Africa Act 108 of 1996 which states that:  “everyone has the right… to an environment that is not harmful to their health or well-being”. “To have the environment protected for the benefit of present and future generations through reasonable legislative and other measures, that prevent pollution and ecological degradation, promote conservation, and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development”. SAROOF members acknowledge that South Africa has ratified the Convention on Biological Diversity, which means that it has an international obligation to work towards conservation of its biodiversity. Conservation entails: The protection of species and ecosystems that warrant national protection; Sustainable use of indigenous biological resources; and The fair and equitable sharing of its benefits. SAROOF members comply with the laws and regulations of South Africa and specifically within the framework of environmental- and tourism legislation. Objectives To establish and operate a permanent Southern African body that represents the interests of route owners and operators. To promote legislative and statutory compliancy within the 4x4 Trail Industry To develop a Biodiversity Strategy for the 4x4 Trail Industry To promote the concept of stewardship provincially and nationally To facilitate the implementation of Sustainable Environmental Management Programme and Eco Friendly practices and standards within the 4x4 Trail Industry. To develop-, implement- and coordinate Route/Trail Evaluation process within the 4x4 Trail Industry. To enhanced business opportunities arising within an area as a result of the maintenance and improvement of environmental qualities (i.e. biophysical, cultural and scenic), joint marketing of the area, and increased brand awareness. To provide a Marketing and Business Advisory Services according to the principles of “Responsible Tourism” To create Responsible Partnerships that will ensure effective lines of co-operation and communication between the 4x4 Trail Industry, the private sector, government and local communities.  To facilitate employment for disadvantaged communities through trail building, trail maintenance and tourism. To change the negative perceptions of the 4x4 industry into positive factual accounts of the industry making a difference to people and the environment. Strategy Our strategy is simple and it is base upon the following two principles: Get organised and get going! A draft constitution will be finalised during the course of the NOW workshop by nominated trail owners/members who are also present. After the workshop, it will be distributed to our members for ratification. A focused drive will be initiated by the various nominated champions to ensure provincial- and regional representation and organisation. (We will build upon the successes of the Southern Cape Route Owners Forum who has been in operation for more than 4 years.) Start small, make sure it works and replicate our successes. The attached strategy document outlines a joint project between CapeNature, the Department of Environmental Affairs & Development Planning (DEA&DP), the Trail Owners Association (SAROOF) and the Association of All Wheel Drive Clubs (AAWDC to pilot a Sustainable Use Strategy for the 4x4 Industry in the Western Cape. This document is the result of the conservation sector and the 4x4 Industry proactively exploring sustainable best practices in the Greater Cederberg Biodiversity Corridor (GCBC) over the past year. If implemented successfully in the GCBC, this will be used as a model for implementation for the rest of the Western Cape. Route Owners (through SAROOF) is championing this initiative and have already obtained some co-sponsorship and funding for the project. A Biodiversity consultant has been appointed to assist with, not compiling just another report, but to ensure actual implementation. This pilot project is planned for completion in April 2006 where after it will be rolled out to the rest of the Western Cape. Parallel to this initiative, it is envisaged that the remainder of the provinces and regions will organise sufficiently so that they can also start piloting this strategy. SAROOF AND THE NATIONAL OFF-ROAD WORKSHOP Our member's participation in the 4x4 industry focus mainly on creating the opportunity for- and providing supporting facilities and infrastructure to individual off-road vehicle owners and 4x4 clubs to enjoy a healthy outdoor/adventure lifestyle - in an environmental friendly way. Our understanding of the objectives of the National Off-road Workshop To initiate a process where all the role-players in the off-road industry can work together and stand together in ensuring the future of the industry by; Taking control of the industry in order to … become more ecologically sensitive; create self-disciplining measures within each section of the off-road industry; facilitate effective laws and standards that can be applied and enforced; Establish a permanent body to act as watchdog for the industry and which will so represent the interests of the industry. Why are we as 4x4 Trail- and Route Owners involved? We are responsible for our own future and have been given an opportunity to participate in the shaping thereof. This is an opportunity for us, a key role player, to join forces with the rest of the 4x4 industry in preventing further unilateral action and legalisation by the government that affects our future. It is possible that a national coordinating body for the whole 4x4 industry will following from the NOW initiative that will most likely be the only representative body recognised by the government. We, as trial owners, must have representation and should be actively involved in setting this up. We need to establish good working relationships with the various 4x4 Clubs (represented by the All Wheel Drive Club Association), the professional 4x4 tour guides and operators (4WDGA) and all other representative bodies. After all, they represent our client’s! What is expected from us as Trail Owners?! The directive received from the Minister of Environmental Affairs and Tourism stipulates that we as Trail and Route Owners must, at the least, do the following: Develop a grading- and evaluation system for 4x4 tracks, including environmental grading. Establish a representative body with whom the department and other role players can liaise. In addition, and as a member of the NOW initiative, we also need to prepare for- and present at the National Offroad Workshop … An Environmental Management Programme for the 4x4 trail industry; A code of Conduct 4x4 trail industry and Define a set of standards for our Environmental Management Programme and Code of conduct. Our Submissions to the National Off-road Workshop SUSTAINABLE USE STRATEGY FOR THE 4X4 INDUSTRY: PILOT AREA - GREATER CEDERBERG, WESTERN CAPE; Commissioned by CapeNature, DEA&DP, SAROOF & AAWDC; Written by Tony Hansen; Dated 13th October 2005 Discussion- and Viewpoints Regarding Sustainable and Environmentally Sensitive development and management of the 4x4 Trail Industry as an Eco-Adventure Tourism product / destination and an essential component of conserving the Biodiversity of Africa. Trail grading, evaluation and assessment framework and example. {oospagebreak} Discussion- and Viewpoints Regarding Sustainable and Environmentally Sensitive development and management of the 4x4 Trail Industry as an Eco-Adventure Tourism product / destination and an essential component of conserving the Biodiversity of Africa. (These points are submitted to NOW to stimulate further debate and discussion and do not, at this stage, represent – in this form- any formal position statements.) The following discussion-, viewpoints and issues have been developed and compiled during the last 6 months following the interaction between various trail owners, users and the conservation sector. (Specific reference must be made of the joint initiative between CapeNature, the Department of Environmental Affairs & Development Planning (DEA&DP), the Trail Owners Association (SAROOF) and the Association of All Wheel Drive Clubs (Four Wheel Drive Club – WC) who have joined forces to pilot a Sustainable Use Strategy for the 4x4 Industry in the Western Cape.) ON CONSERVATION Support and adhere to the principles of Biodiversity Biodiversity should be protected, and natural capital maintained at or near current levels, with best efforts made to replace or offset loss (“no net loss” principle); Prevention of impacts on biodiversity is better than cure in terms of risk and investment of resources; The requirements of international laws and conventions relating to biodiversity, as well as national and provincial legislation, should be met; The rights to an environment (including biodiversity) not detrimental to health or wellbeing must be respected; Traditional rights and uses of, and access to, biodiversity should be recognised, and any benefits of commercial use of biodiversity should be shared fairly. Focus on Conserving Biodiversity Securing the biodiversity through stewardship and the adoption of a concise set of best practices for trail owners and trail users. These best practices will include guidelines and systems for the responsible development, management, use and monitoring of all 4x4 trails. Entice all trail owners and users to become stewards of the GCBC, each playing a role in the sustainable use and appreciation of the GCBC. Through a system of honorary rangers, the industry will assist CapeNature (and other regional / provision nature conservation agencies) and DEA&DP in compliance with the regulations and guidelines, and undertake conservation rehabilitation projects. Introduce and Support Conservation Stewardship Broadly speaking, stewardship refers to the wise use, management and protection of that which has been entrusted to your care. Within the context of conservation, stewardship means protecting important ecosystems, effectively managing invasive alien species and fires, and grazing or harvesting without damaging the Veld. It follows the following central principles: Site security is all important – without securing the conservation status of land and giving it legal status, the future existence of that site is not guaranteed. I.e. basing conservation of irreplaceable biodiversity on gentleman’s agreements alone is very risky! Landowner-focused extension is the key - One of the main reasons why biodiversity is disappearing at an alarming rate on private land is because there has been insufficient “feet on the ground” and capacity within CapeNature to inform, help and support those who make decisions about private land use. Focus on priorities – i.e. make conservation count in the areas that it counts! Resources, time and energy are wasted when conservation effort is expended in areas that are not priorities for conservation (either because that type of vegetation or ecosystem is sufficiently protected, not under threat or become irreparably disturbed). Biodiversity is the bottom line! – decisions made about which properties should be the focus of conservation investment should be very defensible and based entirely on the biodiversity value of the land, and not who owns the land, their political or economic status etc. People’s needs matter! – For a private land extension programme to be effective, the approach must be centered two things: i) understanding the attitudes and motivations of the residing people; and ii) meeting the needs of these people as far as possible that would enable them to better manage the natural habitats on their properties. ON 4X4 TRAIL DEVELOPMENT-, MANAGEMENT-, USE AND OPERATION Economic feasibility of trails Are trails a complimentarily alternative land-use option? In order to be a viable and effective option in the long term, it is essential for it to be realistic and financially sustainable. Determine financial viability during trail design – especially the impact of maintenance costs in sensitive areas. Trails must remain accessible to a broad range of users and the industry must not become over-regulated. While the costs to the user and trail owner will increase due to the proposed regulations, part can be subsidised by the manufacturers/retailers but the remainder must be viewed as a premium for ensuring the use of the trails by future generations. With regard to trail owners, the cost of establishing and accrediting a trail can be recouped through an increase in the volume of trail fees and broadening the base of trail services e.g. accommodation, meals, guides, maps, etc. Trail design Attention needs to be focussed on the existing visual impacts of trails and trail scar in natural areas. Trail design exercises need to take careful consideration of the visual impact of the proposed trail. The overall design of the trail e.g. (trail goes through seepage areas, sensitive areas, visual impacts, etc.) needs to be done through expert advice. Consider other trail uses, i.e. fire breaks and flower harvesting trails in trail design and trail management. The type of facilities provided will influence the price and tourism market Safety aspects on the trail. Make sure that ecological impacts of trails are known during trail design. Effective management of 4x4 trails A management plan will provide a framework / guideline for trail management. Effective management entails best practices for all aspects of trail design, trail construction and proper trail maintenance. All trails must have an approved Management Plan. All management practices must get implemented. All trails must be legal in terms of current legislation. Specific emphasis must be placed on the natural environment. Trail maintenance is probably the most important aspect of any trail management plan. Special consideration must be given to proper water run-off management to prevent erosion. Proper trail construction and correct techniques for water run-off is crucial for trail maintenance. Cost-effective management actions should be investigated through the use of in-house industry experience. Auditing / Evaluation of trails All trails should be evaluated / audited annually / bi-annually. In addition to a formal accreditation, audit and evaluation process done by the 4x4 Trail Industry Regulatory body, continues feedback mechanisms should be develop to incorporate evaluation and feedback from Trail Users. Recommendations from these audits must be adhered to. The industry should regulate itself through appropriate mechanisms. Trail users Level of experience of drivers has direct impact on trail. Training should be provided to trail users. How could trail owners ensure better control over trail users? Benefits of having trail users associated with 4x4 clubs. The type of the trail (difficulty / play areas / scenic / natural / etc) that trail users prefer. The preference for guided or non-guided trails and implications thereof. Limit alcohol-use on trails. It could be argued that a 4x4 trail is an area to which the public has access: this entails that it is a public road as per the definition of the Road Ordinance,  drunken driving is there for not allowed ON EDUCATION, TRAINING AND AWARENESS Education / Awareness programmes for all role-players Recognition for the important role of education and awareness programmes (to include diverse topics such as driving skills, trail etiquette, environmental awareness, and cultural awareness). Education and awareness programmes should target both the trail owner and the trail user. The role and participation in recognised 4x4 clubs should be encourage, due to these club’s ability for self-regulation, driving and trail experience, environmental knowledge and diverse training opportunities. Proper driving skills will minimize impacts on the environment. What information should be provided to trail users when on a trail How much information is enough? The importance of trail education to trail users (correct driving techniques, environmental ethics, privacy of landowners, sensitivity to other trail users). MEANINGFUL ENGAGEMENT BETWEEN ROLE-PLAYERS Commitment from all role-players to find solutions to current challenges. Enhance networking and constructive communication between role-players. Special effort must be made between government and 4x4 industry to establish a working relationship. Trail owners should establish regional networks (through SAROOF) for more transparent engagement with government. LEGAL STATUS OF TRAILS All 4x4 Trail must be legal. The legal process regulating 4x4 trail design and management should be adhered to/followed. Better communication between 4x4 industry and government and other regulating agencies is essential. Resolve the challenge of illegal routes. Although DEAT is empowered by legislation to impose fines and even close down routes, we are convinced that this was not the intention of the lawmakers and that neither is it the intention of DEAT or the ministry. It is important that we devise a solution to address the ‘legalisation’ of the entities referred to above. The solution could broadly focus on these objectives: SAROOF to act as a common denominator between route owners and operators to clarify the status quo for route owners and operators so that they understand the situation. (This, in itself will require education – sometimes on a one on one basis). Facilitate the process of applications to legalise existing illegal routes as per the July 6th deadline. At this time we will also have to deal with the provision for a R5, 00, 0000 fine as well as the different administration processes in DEAT – on a provincial level. These differences will ultimately make the process more complicated and expensive for all parties unless we can standardise the process of consultants, application, scoping report, community involvement, EIA, ROD and so on. Involve other role players such as nature conservation, local authorities, water affairs, agriculture and heritage in each application; Maintain a register of applications and further requirements on the road to a ‘ROD’. SAROOF to design a template based on our recommendations in terms of each route application (our expertise in this area will be demonstrated to your ministry). Open the door for development of new routes by streamlining the process to fast-track low impact developments. Develop and maintain a register of all routes and an annual inspection schedule of each route by an authorised person. ON LEGAL REQUIREMENTS, EIA'S, AUTHORISATION AND COMPLIANCY MONITORING SAROOF supports environmental compliance and we pledge our cooperation to ensure that all of our members meet the standards. This is set in simple terms, because this is a simple issue. It is about everyone that has access to our outdoors – whether as Government, NGO, business entity, landowner, labourer, service provider or tourist behaving in accordance with the environmental laws of South Africa. We therefore support, in principle, the requirement for an Environmental Impact Assessment to be done prior to the development and operation of 4x4 Trails and Destinations. There is however serious issues and constraints associated with the implementation of these requirements that makes it very difficult to comply with. In the past few years many developers and operators trying to follow legal procedures have faced delays of up to 3 years for a relative simple, small scale development; many small businessmen cannot afford to spend between R50 000 and R100 000 on an EIA, scoping report and consultants and then still wait two years for an answer. Our best estimate is that between 50% and 70% of routes in South Africa are in contravention of the NEMA to some degree. There are even routes that have ‘been approved’ by local Conservation officers, whose owners/operators may incorrectly believe that they are operating legally. The Department of Environmental Affairs recognised these issues and initiated a “Law Reform” project in 2004 to address some of the key issues underpinning this situation and to improve the effectiveness of current Environmental Legislation and the implementation thereof. The following points are extracts from a Law Reform Project discussion document. It not only demonstrates the Department’s awareness of these issues, but also highlights opportunity for the 4x4 Industry to engage with the Government in finding solutions. Legal Requirements The legal requirements for obtaining approval for new developments or projects are confusing for applicants as well as for interest groups and the public who are asked to comment on applications. Currently, the requirement for an EIA in terms of the EIA Regulations is solely based on whether the project falls within the Schedule of Listed Activities or not. This means that no account is taken of the sensitivity of the environment in determining the need for an EIA in the case of the Regulations. Many of the activities have been described and defined in the Schedule 1 of the EIA Regulations in a non-specific manner (e.g. no thresholds prescribed, general terminology used). The result is that they are open to interpretation. There is no means of screening projects so as to exclude those that are insignificant from an environmental point of view. Any project or proposal that falls within the definition of any one of the Listed Activities must go through the required EIA procedure no matter the size, scale or extent of the project or its location. Approvals and Authorisation The current procedures for obtaining development authorisations are confusing and inefficient in that an application may be required in terms of a number of different laws for one development proposal The fact that permission to develop involves more than one regulatory authority is confusing for developers and for the interested and affected parties. In addition, this makes the development application process complicated and has a negative effect on the efficiency in processing applications and decision-making – there are long delays in the process. There have been significant problems due to lack of streamlining of decision-making processes. Compliancy Monitoring Lack of effective compliance monitoring means that DEA&DP is not fulfilling its statutory obligations in respect of its environmental management mandate. Institutional responsibilities relating to the monitoring of compliance with conditions of authorisation are unclear (e.g. responsibilities of applicant, responsibilities of other government departments). Due to lack of capacity and inadequate enforcement provisions in the legislation there has been minimal monitoring and enforcement of compliance with the EIA Regulations and with conditions attached to Record of Decision issued by DEA&DP. There is a lack of capacity within departments to administer and enforce the legislation effectively, with the Environmental Impact Assessment (EIA) Regulations and the heritage resources legislation proving to be particularly problematic. Furthermore, extensive effort (and money) is spent on interpretation of the Regulations due to the vagueness with which responsibilities, procedures and the circumstances in which they apply have been defined – a situation that serves to exacerbate capacity constraints. In cases of non-compliance, DEA&DP has been making use of directives, which is not a particularly effective enforcement mechanism. In general, there is also lack of enforcement of conditions attached to planning approvals, which is related to resource constraints within municipalities. Prev - Next >>