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:
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:
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.
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)