Guidelines on applying for a marine aquaculture Right and/ or Exemption as per requirements of the Marine Living Resources Act, 1998

1.  Register

This is the first step towards the permit application process. Marine aquaculture is a commercial operation and therefore involves trading. All applicants will therefore be required to register their business as a Partnership, Sole Proprietor, Company, Closed Corporation, Non Profit Organisation (Section 21 Company), or Co-operative. All registration documents are to accompany the application.

2.  Identification of an appropriate site zoned for agriculture/ aquaculture/ industrial use.

Aquaculture requires an appropriate site, and therefore identification and site selection is very important. It is a listed activity in terms of Section 24 and 24D of the National Environmental Management Act, 1998 (Act No. 107 of 1998). The lead department of environmental issues in the relevant provincial departments should be consulted in the case of land-based areas. Sea-based activities are regulated at a national level and therefore the Department of Environmental Affairs and Tourism is the responsible authority.

3.  Re-zoning of an earmarked site.

In the case where a site is not zoned specifically for marine aquaculture, an application for re-zoning will have to be adhered to by the relevant authority.

4.  Acquire a map of site locality.

A map should be provided with coordinates of the site locality, from the site owner or relevant authority.

5.  Apply to the local Authority for operation approval.

All land-based activities need approval from the local authority. This approval does not however exempt the applicant from undergoing a thorough Public Participation Process, which will ensure that all Interested and Affected Parties are informed and well aware of the activities around them. The approval should be put in writing and submitted with the application.

6.  Secure a valid lease or a Title Deed.

Depending on the ownership of the site, a lease or a Title Deed will have to be obtained by the applicant, and should be submitted with the rest of the documents. The National Ports Authority controls offshore and inshore waters and marine areas not controlled by the NPA are under jurisdiction of Marine and Coastal Management.

7.  Obtain a valid Tax Clearance Certificate.

The applicant is required to declare the financial status of the proposed business with the South African Revenue Services (SARS), which will grant a valid Tax Clearance Certificate that is to accompany the application. Contact the National SARS Call Centre at 0860 1212 18.

8.  Development of a business plan or proposal with a detailed operational plan.

An aquaculture consultant may be able to assist in this process. The applicant is required to submit a detailed business and operational plan including the following information:

a.  Species of interest e.g. Abalone (Haliotis midae), Dusky Kob (Argyrosomus japonicas) etc.

b.  Origin of broodstock, juveniles, spat, larvae, and/or eggs.

c.  If imported species are being considered, the measures to be taken to avoid introduction of exotic commensals, parasites and pathogens, and measures to be taken to avoid establishment of introduced species in the wild.

d.  A detailed description of the cultivation method and operational plan including:

i.  System Design and Technology

ii. Animal Husbandary

iii.  Water Quality Monitoring

iv.  Health Management

e.  Potential sources of pollution must be identified and highlighted on the locality map or in the document.

f.  The use of any kind of chemicals, antibiotics, antifoulants, fertilizers, disinfectants, therapeutants, pesticides, biotoxins, herbicides, hormones and anesthetics, that may be used or result from the operation. Methods of application that are being considered for use must also be outlined in the proposal.

g.  A detailed financial plan projecting capital, expenditure and income over minimum 2 year period should be included.

h.  The product destination or marketing strategy should be included.

i.  Facilities and employment opportunities that will be created should be highlighted in the business plan.

Contact details for bank loans/ funding (Call Centre/ Customer Care)

Standard Bank

Tel: 0861201000

ABSA Bank

Tel: 0860040302

Development Bank of South Africa (DBSA)

Tel: 0113133083

Industrial Development Corporation (IDC)

Tel: 0860693888

Contact details for aquaculture insurance

SANTAM

·  Mr Jan de Kok (Agricultural Risk Services (ARS))

Tel: (051) 4073001

·  Mr Louis Jonker (SANTAM - Agriculture)

Tel: (028) 2141331

Fax: (086) 6419023

Cell: 082 330081

E-mail:

j.  Following means of prevention against potential environmental impacts;

i.  With regards to operations that require an EIA (i.e. Basic Assessment or “Full” EIA) in the case of listed activities identified in the National Environmental Management Act, 1998 (Act No. 107 of 1998), written proof is required for the undertaking of a Scoping report, Risk Assessment, Public Participation Process etc. Appointment of an independent consultant and liaison with the Provincial Department in the region where the farm is located or DEAT National with respect to sea-based farming is the responsibility of the applicant.

ii. In the case where the applicant is exempted from an EIA following written proof from the Provincial Department of Environmental Affairs, Economics and Tourism (DEAET), then a Risk Assessment should be conducted.

Applicants are advised to take into consideration regulations (Section 63 of the Marine Living Resources Act, 1998 (Government gazette no. 19205, 2 September 1998)) applicable to minimisation of environmental impacts.

9.  Environmental Monitoring and Environmental Management Plan

An appropriate Environmental Management and Monitoring Plan should be submitted. An Environmental Management Plan is to be conducted by an independent consultant and an Environmental Monitoring Plan may be conducted by the applicant or an independent consultant.

10. Traceability Protocol

An appropriate traceability protocol should be submitted for any marine finfish permit application, which involves an appropriate traceability protocol of tracing the product from production to harvesting and processing for sale on the market. This is important to consider in the sale of undersized or protected indigenous marine fish species.

11. The Minister may require an applicant to provide any additional information in relation to the application, which the Minister reasonably considers necessary, and may refuse to consider the application until this information is provided.

12. Application forms to apply for a marine aquaculture permit can be obtained from the Department of Environmental Affairs and Tourism, Marine and Coastal Management, Senior Admin Officer, Marine Aquaculture Management, Ms. B. Taylor, Tel. (021) 4023036, Fax (021) 4023009, or e-mail and website www.deat.gov.za. Applicants are further advised to farmiliarise themselves with the regulations specific to marine aquaculture, in terms of the following Acts (Refer to Annexure A):

·  Marine Living Resources Act, 1998 (Act No. 18 of 1998)

·  The Seashore Act, 1935 (Act No. 21 of 1935)

·  The Integrated Coastal Management Bill, 2006

·  The National Environmental Management Act, 1998 (Act No. 107 of 1998)

·  The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

·  The National Environmental Management: Protected Areas Act, 2003 (Act No. 10 of 2003)

·  The Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973)

·  The Health Act, 1977 (Act No. 63 of 1977)

·  The Standards Act (SABS) Specifications

·  The Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

Contact details for Provincial Authorities:

Western Cape Province:

·  Mr. Alvan Gabriel

Tel: (021) 483 2742

E-mail:

·  Mr. Clint Joseph

Tel: (021) 483 2067

E-mail:

Eastern Cape Province:

Head Office

·  Mr Gerry Pienaar (Director)

Cell: 082 4584593

E-mail:

Cacadu Regional Office, Port Elizabeth

·  Mr Jeff Govender (Regional Manager)

E-mail:

·  Mr Andries Struwig (Assistant Manager)

Cell: 0795031762

E-mail:

Office Tel: (041) 5085800

Office Fax: (041) 5851958

Amathole Regional Office, East London

·  Ms Tembela Mapukata (Assistant Manager)

Tel: (043) 7420340

Cell: 0824584634

Fax: (043) 7420323

E-mail:

Tambo Regional Office, Mtatha

·  Mr Sizakela Gabula (Regional Manager)

Cell: 0824614128

E-mail:

·  Mr Qondile Paliso (Assistant Manager)

Tel: (047) 5311191

Fax: (047) 5312887

E-mail:

Northern Cape Province:

·  Ms. Lucille Karsten

Tel: (027) 718 1958,

E-mail:

KwaZulu-Natal Province:

·  Mr. Simon Bundy

Tel: (032) 946 0685

Cell: 082 4464847

E-mail:

·  Ms. Digby Cyrus

Tel: (035) 902 6738

Cell: (035) 902 6742

E-mail:

·  Dr. A.S. Dludla (Divisional Manager: Agri Business)

Tel: (033) 345 8351

Cell: 083 7779811

E-mail:

·  Mr. Bonginkosi Shangase (Divisional Manager: Business Finance)

Tel: (031) 907 8784

E-mail:

Respective districts in the KZN province:

Richards Bay/ Empangeni

·  Ms. Muzi Mdamba

Tel: (035) 792 1624

Cell: 082 8222 582

E-mail:

Durban/ eThekwini

·  Mr. Malcom Moses

Tel: (031) 302 2800

Cell: 083 7180 903

E-mail:

iLembe

·  Ms Nombulelo Zungu

Tel: (032) 552 5302

Cell: 082 312 6605

Ugu

·  Mr. Jeremiah Randall

Tel: (039) 682 2040/5

E-mail:

Contact details for National and Departmental Authorities:

Department of Environmental Affairs and Tourism

·  Ms. Lebogang Molefe

Tel: (012) 310 3230

E-mail:

·  Mr. John Geeringh

Tel: (021) 402 3491

E-mail:

Transnet Ltd. National Ports Authority

Head Office

·  Tel: (011) 308 3000

Fax: (011) 308 2638

E-mail:

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