Exploring economic potential opportunities in our lakes and dams 26 August 2011 Recreational water use and the NWA Anet Muir 1 NWA: Authorisation of Recreational Use Recreational water use (a listed water use under section 21) is authorised under Schedule 1 and provides that (subject to the Act) for recreational purposes, That a person may “use the water or the water surface from any water resource to which that person has lawful access…” No additional authorisations in terms of Chapter 4 of the Act (ie General Authorisations or licensing applies). Therefore the only control is the provision of lawful access. To ensure the objectives of the Act is met, such access should be planned for and provided through the Resource Management Plan (as per the Policy) 2 Section 113 Access to and use of government waterworks for recreational purposes 1) The water of a government waterwork and the surrounding state-owned land may be made available for recreational purposes, either generally or for a specific purpose, on the conditions and to the persons determined by the Minister. 2) The Minister may (a) control or prohibit access to any government waterworks; and (b) subject to this Act, make reasonable charges for (i) the use of; (ii) entry into; and (iii) the use of any water surface or land associated with, any government waterwork for recreational purposes. 3) Nothing done under this section exempts any person from complying with other provisions of this Act and with any other applicable law. 3 Regulation 654 • Gazetted in terms of section 70 (b), (c) and (j) of the Water Act, 1964 • Still remain in force, until specifically repealed (section 163(4) of the Act) and is considered to have been made under the NWA to the extent that it is not inconsistent with the NWA and until it is repealed by the Minister under the NWA. • R654 apply to government dams and surrounding stateowned land and govern control over and and water of Government Water Works (GWWs), access for recreational use such as accommodation, camping etc. • Signed RMPs by the Minister and Published will be local 4 regulations giving effect to R654 Operational Policy for Recreational Water Use Purpose: Defines the Department’s responsibility regarding recreational water use and establishes the fundamental principles, policy, objectives and strategies for regulating this water use 5 Recreational Water Use It includes all recreational activities and exploits , which require water or the water surface of water resources for successful completion. These activities may comprise in alia sport, culture or tourism and can range from de minimus (personal use) to commercial in extent and intent Recognised as a formal use of water (non-consumptive) under Chapter 4 , s21(k) as well as s113 of the National Water Act, 1998 (Act no 36 of 1998) 6 Safety Safety RESOURCES INDUSTRY Equitable Access Equitable Access (Empowerment) COMMUNITY Institutionalisation & Linkages Communication & Capacity Building DWA POLICY Legal Framework Monitoring, Evaluation & Information Management 7 Resource Management Planning Guideline Document which provides a framework within which resource management plans are compiled, or within which existing resource management plans are evaluated and changes made. It is DWA’s policy that water and associated resources are conserved and utilised in an environmentally sound and equitable manner based on integrated recreational water Resource Management Plans… With the following objectives: 1) A planning and zoning framework for the inclusion of water resource planning and management is established and included in IDPs 2) Resource Management Plans are compiled and based on the principles underlying the Integrated Resource Planning Procedure for recreational waters 3) Based on Resource Management Plans water resources are classified and Plans utilised as decision support tools 8 BACKGROUND TO THE RESOURCE PLANNING PROCEDURE OLD APPROACH - ZONING PLANS • • • • Spatial and environmental in nature Not consider economic & social issues Lacked guidelines regarding institutionalisation, capacitation & empowerment for implementation Conflict resolution and management 9 OLD APPROACH - ZONING PLANS 10 RESOURCE PLANNING PROCEDURE NEW APPROACH – INTEGRATED RESOURCE PLANNING • Focus on implementation • Builds trust by showing that the needs & expectations of the host community are important and essential for participatory planning • Outcome or delivery driven • Incorporation into other planning initiatives 11 BACKGROUND TO THE RESOURCE PLANNING PROCEDURE HARMONIOUS BALANCE Resources Utilisation Community DWA Policy 12 Sustainability EQUITY IN UTILISATION • • • • • DWA’s POLICY STATEMENT: That the use of water for recreational purposes shall benefit and contribute to the sustainable livelihood of the host, affected and local communities. Thus: Host communities should share in benefits Have physical access to the resource Have access to the water-based recreation economy 13 DEFINING “THE COMMUNITY” • Local communities are communities who live within the vicinity of the resource • Affected communities are communities who are affected by the use of the resource • Host communities are communities who have taken ownership of the resource and whose livelihood depends on the sustainable management thereof 14 PLANNING FRAMEWORK FOR MUNICIPALITIES Level of Detail Spatial Dev Framework Land Use Management Framework Scheme Districts Management Area Overlays Management Area Plans ~ RMPs 15 MANAGEMENT AREA PLANS ~ RMPs “These Plans will contain the fine detail of how a Management Area will be developed and implemented. For instance, a Management Plan could be used: • to elaborate the visions or policy statements for particular areas to differentiate them from surrounding areas • to provide general and/or generic guidelines for particular types of development • to serve as an Environmental or Conservation Management Plan for an area • to manage detailed area specific development or master plans” 16 Commercial Aspects • • • • Public Finance Management Act Treasury Regulation 16 – PPPs PPP Toolkit for Tourism (procurement practice note) PPP ensures that the following aspects are achieved: • Can substantial risk transferred to the private sector? • Is the project affordable to government? • Does a PPP procurement option show value for money? 17 DWA Strategic Plan for Commercialisation • In terms of requirements of NT a Strategic Plan for Commercialisation is a prerequisite for registering PPPs with National Treasury • The Departments plan for its 334 GWWs was approved in 2009 with a focus on tourism and recreation. • This focus aims to eliminate the under-utilisation of dams and the obtaining the maximum benefits from the GWWs in attaining poverty alleviation through: – Revenue Generation – Loss minimisation/savings in existing operations – Optimal Utilisation of Under-performing Assets – Socio-economic Benefits – Infrastructure Upgrades – Tourism Promotion – Resource Protection 18 Pilot PPPs • RMPs in place for 10 GWWs • Successful registration of Pongolapoort dam and Injaka dam – Injaka dam – EOI – Pongolapoort Dam – appointment of TAs 19