COMMENTS ON DRAFT WHITE PAPER ON NATIONAL COMMERCIAL PORTS POLICY
OCTOBER 2001

The CSIR, as a national research organisation has been involved in research and development of port related technologies for the past 25 years and has supported the National Port Authority (Portnet) as a technology partner during this time. More recently, the CSIR has focussed research on integrating environmental sustainability into policy and planning processes. This research has focussed on the integration of social, economic and biophysical environmental elements into higher levels of decision-making such as of policy formulation and planning processes. In this regard the CSIR, in collaboration with the Department of Environmental Affairs and Tourism published the Strategic Environmental Assessment (SEA) Guidelines in 2000. Further research with regard to implementing SEA specifically for port planning and policy formulation has been undertaken over the past 5 years. The CSIR continues to be involved in the development of new technologies to ensure the development of safe, efficient and sustainable ports in South Africa. It is from this perspective that the comments on the Draft White Paper on National Commercial Ports Policy are provided.

The comments focus on two main areas:

Environmental considerations in the port policy, planning, development and operations, and
Links between port planning and land use planning (Integrated Development Plan (IDPs)).

The CSIR believes that if the National Commercial Ports Policy provides clarification on these two issues it will contribute to providing a robust framework to facilitate future social, economic and biophysical sustainable port development.

Kind regards
Stuart Heather-Clark (CSIR-Environmentek)

CSIR COMMENTS:
DRAFT WHITE PAPER ON NATIONAL COMMERCIAL PORTS POLICY OCTOBER 2001


1. SPECIFIC COMMENTS ON ENVIRONMENTAL AND PORT PLANNING ISSUES


It is encouraging to see that environmentally sustainable development is referred to in the White Paper on National Commercial Ports Policy in the following sections:

Section 1: Page 7 "The National Transport Policy" – bullet point 6
Section 2: Page 10 "Goals of the National Commercial Ports Policy" – bullet point 4
Section 3: Page 20 "10.1 Environmentally sustainability"
Section 4: Page 25 "Key Policy Recommendations" – bullet point 14

However, the following comments in this regard are made:

COMMENT 1:

Section 1 (page 4 and 5): 2. Policy Environment

The list of policies referred to on page 5 includes reference to the White Paper on the Environment, August 1997. The White paper has since become a law and this reference should be added.

Spatial planning in South Africa has undergone significant transformation over the past 5 years. Several white papers have been compiled and numerous new acts have come into force that have changed the way planning is undertaken in South Africa. These will have a significant effect on the port planning processes and should be included (this issue is discussed in greater detail under comment 7).

RECOMMENDATION 1:

The following references should be added to the list of Government policies on page 5 and a more detailed discussion on the linkages between port planning and land use planning should be discussed (see recommendation 7).

National Environmental Management Act (Act No. 107 of 1998) (NEMA)
Local Government Transition Act (Act 209 of 1993)
Municipal Systems Act (Act 32 of 2000)
White Paper on Spatial Planning and Land Use Management (2001)
Integrated Development Planning (IDP) Regulations (draft at present)

It is further recommended that the following discussion be included under Section 1: 2 under the heading "Planning Policies and Legislation"

In terms of the Municipal Systems Act (MSA) (Act 32 of 2000) all municipalities (i.e. Metros, District Municipalities and Local Municipalities) have to undertake an Integrated Development Planning process to produce an Integrated Development Plan (IDP). The IDP is a single, inclusive and strategic plan for the development of the municipality which:
links, integrates and co-ordinates plans and takes into account proposals for the development of the Municipality;
aligns the resources and capacity of the municipality with the implementation of the plan;
is compatible with national and provincial development plans and planning requirements binding on the municipality in terms of legislation (MSA, 2000).

Integrated Development Planning was introduced through the Local Government Transition Act (Act 209 of 1993) which provided for the restructuring of local government and sets down specific financial and budgeting requirements. Following on from this the Development Facilitation Act (Act 67 of 1995) (DFA) was promulgated. The DFA Principles provided a useful policy framework with regard to the spatial dimension of development planning.

The legal methodological framework for IDPs was established after the IDP process had already started. These are contained in the White Paper on Local Government (1998) and the Municipal Systems Bill, now the Municipal Systems Act (Act 32 of 2000) (MSA). Substantial meaning is given to IDP in the MSA which defines integrated development planning as one of the core functions of a municipality in the context of its developmental orientation.

The IDP includes some of the following outputs:
5 year financial plan
5 year capital investment programme
Integrated Spatial Plan
Public participation
Integration of environmental issues

(See comment 7 for more detail)

COMMENT 2:

Section 2 (page 9): 1. Vision for the National Commercial Port Policy

The vision statement does not refer to sustainability or sustainable development. As this statement sets the vision for the policy, it would be preferable to include reference to sustainable development at this stage.

RECOMMENDATION 2:
It is recommended that the following section be added to the vision statement:

Replace "….and creating a better life for all." with "…..through socially and environmentally sustainable port development".

COMMENT 3:

Section 1 (page 9): 2. Goals of the National Commercial Port Policy

Bullet point 4 of the Goals of National Commercial Ports Policy mentioned that the Goals must be achieved in an environmentally sustainable manner. However, this is not carried through into the Objectives or the Principles for the National Commercial Ports Policy. This should be carried all the way through for consistency.

RECOMMENDATION 3:

It is recommended that three additional Objectives and one additional Principle be added to support bullet point 4 under the Goals. These are:

Objectives:
Ensure proactive integration of social, economic and biophysical environmental aspects during the early stages of port planning and throughout the port development cycle including the planning, design, construction, operation and decommissioning of port developments.
Ensure proactive communication and consultation with all port stakeholders early on in the port planning stages.
Ensure that strategic port planning is closely aligned with the integrated development planning process of the associated city.

Principle:
Strategic port planning will include the integration social and biophysical aspects at the earliest stages to ensure sustainable port development.

COMMENT 4:
Section 3 (page 13): 1.3 National Port Authority of South Africa

This section explains in some detail the National Port Authorities roles and responsibilities. However, it is felt that the need for the National Port Authority to ensure sustainable port development and to ensure that internationally acceptable methods of environmental management are used by port operators, is not adequately addressed.

RECOMMENDATION 4:

Change bullet point 7 (page 14) under "The landowners function entails" to:

Ensuring sustainable port development through proactive integration of social, economic and biophysical aspects into strategic port planning and enforcing the use of internationally accepted methods of environmental management of port operations.

The sentence may fit better under the section on "The control functions entail:", as a fifth bullet point.

COMMENT 5:

Section 3 (page 17): 7. Improving the competitive position of South Africa’s commercial ports

The competitiveness and functioning of the port system is influenced by a number of factors as discussed under this section. However, as has been experience in the Ports of Saldanha, Cape Town, Durban and Richards Bay, environmental constraints can have a significant influence on the port development and operations which may ultimately impact on the ports competitiveness (Case studies: EIA General Cargo Quay – Port of Saldanha, EIA Container Terminal - Port of Cape Town, EIA Container Terminal - Port of Durban, EIA Coal Terminal Expansion (dredging study) – Port of Richards Bay). These issues need to be addressed in a proactive by being integrated into the long term strategic planning and development of the ports.

RECOMMENDATION 5:

It is recommended that an additional bullet point be added to the list under Section 3: (Page 17) Improving the competitive position of South Africa’s commercial ports. That is:

Environmental constraints

COMMENT 5 (6):

Section 3 (page 20): 10.1 Environmental sustainability

A reference is made to "The Governments new policy on environmental management". The correct reference here is the National Environmental Management Act (Act No. 107 of 1998) or simply NEMA. This act supersedes the majority of the Environmental Conservation Act (Act No. 73 of 1989) (ECA). Sections of the Environmental Conservation Act (ECA) that are still in force include Sections 21, 22 and 26. These sections are further supported by the EIA Regulations promulgated by the Department of Environmental Affairs and Tourism in April 1998. Chapter 5 of NEMA is presently under revision and will ultimately replace Section 21, 22 and 26 of the ECA and the EIA Regulations.

It is essential that port planning proactively integrate social, economic and biophysical environmental aspects at an early stage in the planning process. A Port Development Framework that has been developed though integrating social, economic and biophysical environmental aspects as well as related land use planning aspects will streamline Environmental Impact Assessment (EIA) processes required by law for project specific port development projects. Furthermore, environmental management tools for the implementation of environmental management actions must be used during the construction and operational phases of the development. The environmental management actions for each specific development project should be integrated into the overall port environmental management system. The system should include coordinated environmental monitoring of appropriate indicators that can be used to track the level/trends of sustainable port development and used to improve decision-making with respect to future port planning and development.

RECOMMENDATION 5 (6):

It is recommended that both paragraphs under section 10.1 "Environmental sustainability" be re-written as follows:

Environmental sustainability emphasises the interdependence of social and economic development and environmental protection. It is an accepted norm that all transport infrastructure development investment decisions consider the environmental implications early on during the decision-making process and not only once the project is fully planned.

The National Environmental Management Act (Act No. 107 of 1998) stipulates a range of Integrated Environmental Management (IEM) tools. These tools include Strategic Environmental Assessment (SEA) used for the proactive integration of environmental issues at the policy and planning level, Environmental Impact Assessment (EIA) used for the assessment of project specific developments and Environmental Management Systems (EMS) used for the day-to-day management of the port operations.

Social and biophysical environmental aspects should be integrated into the port planning process from an early stage through the process of Strategic Environmental Assessment (SEA). Project specific development should undergo an Environmental Impact Assessment (EIA), which should assess the impacts of the design, construction and operation of the facility at an early stage. Ongoing environmental management for all existing port facilities should be founded on internationally recognised management systems to ensure a coordinated and systematic approach to the long-term environmental management of the port facilities. The environmental management system (EMS) should include coordinated environmental monitoring of appropriate indicators that can be used to track the level/trends of sustainable port development and used as input data for strategic port planning processes.

Policy recommendation:

For the National Commercial Ports Policy to be aligned with the National Environmental Management Act (Act No. 107 of 1998), Strategic Environmental Assessment (SEA), Environmental Impact Assessment (EIA) and Environmental Management Systems (EMS) should be employed to consider environmental issues at all levels of port development including policy formulation, port planning, design, construction and operation. The tools should be used to facilitate more informed decision-making leading to sustainable port development.

Strategic Environmental Assessment (SEA) should be used for the proactive integration of environmental issues with social and economic issues at the policy and planning level. They should ensure close alignment with the Integrated Development Planning process in the region/city surrounding the port. Environmental Impact Assessment (EIA) should be used for the assessment of impacts of project specific developments while Environmental Management Systems (EMS) should be used for the day-to-day environmental management of the port operations.

Environmental management systems should include coordinated environmental monitoring of appropriate indicators that can be used to track the level/trends of sustainable port development and used to improve decision-making with regard to future strategic port planning and development. The management system should promote continual improvement in environmental management.

COMMENT 6 (7):

Section 3 (page 15): 3. National Development Strategy for Commercial Ports

"This policy advocates port and city co-operation through planning structures that will be facilitated and enabling of that particular intent. This shall be achieved by:

Having the national port authority as a planning and development co-ordination body; and
Ensuring that planning of each port is localised as much as possible to allow for flexible planning and rapid response to changing market conditions and customer demands within the context of the national commercial port development framework and stakeholder consultation through the local port consultative committee"

In response the above paragraph on page 16 of the National Commercial Ports Policy:

At present there is no specific legislation that governs port planning in South Africa (i.e. specified process, timeframes etc). It may be argued that port planning should form part of the municipal Integrated Development Planning (IDP) process under the Municipal Systems Act (Act 32 of 2000). In reality, the Port Authorities are merely seen as stakeholders in the IDP process and visa versa i.e. the Municipal Authorities are seen as stakeholders in the port planning process. In some cases the IDP will simply identify the port as a separate spatial entity and suggest the port authorities will plan for future port expansion. Conflict may arise because of a lack of integration and understanding of the port-city linkages and the implications of industrial development on future port expansion (i.e. land requirements for future expansion to meet industrial development). Co-investment in infrastructure (for example roads and bridges) is often required between the port and the municipality. These projects are often delayed as the planning and budgeting processes of the ports and municipalities are not aligned. These challenges could be overcome by linking the port planning cycle more closely with the IDP process (i.e. 5 year cycle with yearly review and update) and by ensuring that during all port-city planning processes the National Port Authority of each port is included as a member of the steering committee.

RECOMMENDATION 6 (7):


The following recommendations are made with regards to improving the linkages between IDP’s and port planning processes.

Links between Port Planning and Integrated Development Planning:

Port planning should be closely linked to the IDP planning process as specified in the Municipal Systems Act (Act 32 of 2000).
The National Port Authority of each port should be represented on the steering committees of port-city IDP processes.

Legal aspects governing port-planning processes should be investigated in detail.

COMMENT 7 (8)

Section 4 (page 24) 1. Key policy recommendations

From the above comments and recommendations, it is recommended that the two recommendations be added to the "Key policy recommendations".

RECOMMENDATION 7 (8)

These are:

Strategic port planning processes at each of the South African national ports should be closely aligned with the Integrated Development Planning processes of the adjoining cities.

Strategic Environmental Assessment (SEA) should be used as a tool to proactively integrate social and biophysical environmental aspects into Strategic Port Planning processes to ensure sustainable port development.

2. ADDITIONAL COMMENTS

COMMENT 8 (9)
There is no mention of the Moving South Africa strategy document. This should be mentioned in Section 1 point 2 Policy Environment p4-5

COMMENT 9 (10)

Section 12 (page 21) Communication and consultation and Section 13 Allocation of roles and responsibilities

It is said that communication with SADC will take place through the NDoT. However, there is an obligation in the SADC protocol (section on transport and communications) for a SADC regional ports policy.

COMMENT 10 (11)

Section 3 (page 12) 1. Institutional arrangements for governance of the commercial ports

The policy contains a proposal for a port regulator, which will be established by the Minister of Transport. (p12 four bullet points; p24 point 7; p25 point 2.1 "Role of the port regulatory body"). More emphasis could be put on performance indicators, possibly under the 2nd bullet of key objective on p 26 –"acceptable levels of service", should perhaps read something like "world class levels of service to tenants and port users by monitoring performance indicators"

COMMENT 11 (12)

Section 10 (page 19) Sustainability and viability

Under point 10 "sustainability and viability" on p19 there is mention of cost-benefit analysis. An indication is given of socio-economic factors that need to be taken into account, but no mention is made of the economic factors that will ensure the competitiveness of the country. It will, amongst others, be necessary to look at the cost of the inland infrastructure needed to support the port. (The inland transport capacity is mentioned just before the policy recommendation on p18)