Forest Policy, Legal and Institutional Framework. Information Sheet. South Africa

Transcription

1 Forest Policy, Legal and Institutional Framework Information Sheet nfp-update of: South Africa Revised on: 31 st May 2007 Author On the basis of the information provided by: MADULA, Avhashoni Renny (Mr) Mr. Willem Sheppard (Assistant Director: Financial Management) Mr. Ephraim Monyemoratho (Assistant Director: Forestry Regulation) Ms. Peggy Khumalo (Deputy Director: Capacity Building) Mr. Michael Modise (Deputy Director: Forestry Development) Missing information To be completed by/on Number and qualification of staff Staff of forestry research Edited: January 2008 by Blanchez FOREST POLICY Forest Policy Statement P1 Name: White Paper on Sustainable Forest Development (1996) Date of endorsement: March 1996 by (governmental body): Cabinet Additional information (if any) no Forest Policy Documentation electronic copy or web link P1.Inf P1.Doc White Paper on Sustainable Forest Development (1996) (Document obtainable from: ) 1

2 Main objectives of the Forest Policy P2 The overall goal of forest policy is to promote a thriving forest sector, to be utilised for the lasting benefit of the nation, and developed and managed to protect the environment. The White Paper (1996) and the resultant National Forests Act (1998) provide the framework for sustainable development, cooperative governance and participation of local communities in forest management. The Department of Water Affairs and Forestry (DWAF) has responded to this new policy context with a range of initiatives and in 2003 produced a Vision statement: Forests are managed for people and we need to create an enabling environment for economic and social development through sustainable forestry, especially at the local level. The vision implies a significant departure DWAF s previous role of forest manager to one that puts people at the centre of all its activities. In line with the two policy documents, the state no longer manages forest plantations. The focus of DWAF has shifted towards creating enabling conditions that will allow broad socioeconomic development based on the country s diverse forest resources. This means, in part, developing a range of policies that address the constraints that have held back the benefits of forest enterprise from reaching the majority of the population. Main guiding principles or instruments for policy implementation P3 SA forest policy is based upon the following principles: forests and forest resources to be treated as national asset; policy to be formulated and implemented so as to promote democratisation; gender equity; people-driven development; consultation in formulating and implementing policy; sustainable forest development; recognition of the scarcity of water resources; a competitive and value-adding forest sector; and decent employment conditions. Additional information (if any) P3. Inf The White Paper is currently being reviewed as part of the SA National Forest Programme (NFP). Forest Finance Forest sector contribution to the economy Z1 Components of the forestry sector contributed an estimated R 12,274 billion in 2003 and employed an estimated 170,000 permanent, contract and informal workers of which a large proportion is low-skilled and concentrated in rural areas with high unemployment. The contribution to GDP and employment amount to 1.1% of total RSA GDP and 1.4% of total formal employment, which is comparable to other large sectors. 2

3 Source of information Z1.Doc Genesis Report, The contribution, costs and development opportunities of the Forestry, Pulp and Paper Industries in South Africa. Contribution of the public budget to forestry Z2 Expenditure trends are contained in Annexure A. However, it is worth noting that government expenditure increased from R411.6 million in 2003/4 to R466.6 million in 2009/10, an average increase of 1%. Source of information Z2.Doc 2007 Estimates of National Expenditure ( Mechanisms used for financing forestry development Z3 There is currently no dedicated national or sub-national investment programmes or incentive mechanisms to promote sustainable forestry development. However, there are several government development financing agencies that entrepreneurs and operators within the forestry sector has benefited from, for example, National development Agency (NDA), Urban Greening Fund, Industrial Development Corporation (IDC). Other industry organisations such as Mondi, SAPPI and Natal Timber Cooperative (NCT) offer financial support to small and emerging growers subscribed to their different outgrower schemes. Source of information no Z3. Doc 3

4 2. LEGISLATION Current forest law or equivalent (for example: Act or Code) Name: National Forest Act, 1998 (No. 84 of 1998) F1 Date of enactment: 1998 by: Parliament of the Republic of South Africa Additional information on forest law or equivalent Refer also to: White Paper for Sustainable Forest Development (1996) The National Forestry Action Programme (1997) Relevant document on forest law or equivalent The most recent forestry legislation are: National Forest Act, 1998 (No. 84 of 1998) National Veld and Forest Fire Act, 1998 (No. 101 of f 1998) National Veld and Forest Fire Act, 2001 (No. 12 of 2001) Forestry Laws Amendment Act, 2005 (No. 35 of 2005) F1. Inf. F1. Doc see FAOLEX: Main elements of the forest law F. 2 The main purpose of the Act is to: promote the sustainable management and development of forests; provide special measures for the protection of certain forests and trees; promote sustainable use of forests for environmental, economic, educational, recreational, cultural, health and spiritual purposes; promote community forestry; and promote greater participation in all aspects of forestry and the forest products industry by persons disadvantaged by unfair discrimination. - Integrated approach to forest management, conservation and F2.1 development (including sustainability concerns, ecological YES values and social interests) - Management to entail sustainable multiple forest uses and F2.2 benefits (including timber, fuel, food and other forest products, as well as biological diversity and resources, protection of YES ecosystems and watersheds, recreation and tourism, and other environmental services such as carbon sequestration) - Existence of adequate planning tools (in particular management YES F2.3 plans); - Existence of environmental and social impact assessments/audits (e.g. certification schemes); YES F2.4 - Transparent forest concessions and other contractual YES F2.5 arrangements, with provisions for accountability; - Community-based arrangements, decentralization of YES F2.6 4

5 responsibilities and devolution of powers to local actors. Other elements to be specified F2.7 Regulations of the forest law F3 Regulations in terms of the Forest Act 1986 still being applied, as long as they do not contradict the spirit and the intent of the NFA Regulations documentation No Other national laws and regulations impacting the forestry sector F3.Doc F6 Several pieces of legislation (Acts of Parliament) govern the activities of forestry, in terms of land use, use of water, labour and the all important environment. The following are some of the most important: National Environmental Management Act, 1998 (Act No. 104 of 1998) National Environment Management: Biodiversity Act, 2003 (Act No. 57 of 2003) National Environment Management: Protected Areas Act, 2004 (Act No. 10, 2004) National Water Act, 1998 (Act No. 36 of 1998) Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983) National Heritage Resources Act, 1999 (Act No. 25 of 1999) Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) Labour Tenants Act, 1996 (Act No. 3 of 1996) Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) These can be obtained either through the SA government information portal ( or though specific Departments websites listed below: Department of Agriculture Department of Environmental Affairs & Tourism (DEAT) Department of Labour Department of Land Affairs Department of Water Affairs & Forestry (DWAF) International conventions relevant for forestry signed by the country F9 Convention on Biological Diversity (CBD) Framework Convention on Climate Change (UNCCC) Convention on Combating Desertification (UNCCD) Convention on Trade in Endangered Species of Wild Fauna and Flora (CITES) International conventions country reports web links F9.Doc Country reports - name Date of issue Links SA National Biodiversity Strategy

6 and Plan (NBSAP) 3. INSTITUTIONAL FRAMEWORK a. Public institutions Forest Administration Ministry responsible for forestry matters A1 Ministry of Water Affairs and Forestry (MWAF) Forest Administration s name A1.1 Department of Water Affairs & Forestry (DWAF) Head of Forest Administration A1.2 Dr. Moshibudi Rampedi, Deputy Director-General: Forestry Department of Water Affairs & Forestry Private Bag X93 PRETORIA, 0001 Tel.: (012) Fax: (012) Mandate of the Forest Administration A1.3 Department of Water Affairs and Forestry (DWAF) s main responsibility is to provide policy and regulatory framework within which appropriate institutions can manage forest resources. DWAF is legislatively mandated by: The National Forests Act (No. 84 of 1998): to promote and enforce the sustainable management and development of forests for the benefit of all, the promotion of sustainable use of forests as well as the provision of special measures for the protection of forests and trees. To balance the protection of forests with sustainable use, the Act regulates a wide range of uses, and sets out the right of everyone to have a reasonable right of access to State forests for non-consumptive purposes. The rights to the use, management, control and operation State forests and the produce in them rest with the Minister of Water Affairs and Forestry and are regulated by the Department through this Act. The National Veld and Forest Fire Act (No.101 of 1998): to prevent and combat veld, forest and mountain fires throughout the country and thereby limit and reduce the damage and losses caused by fires to life, fixed property, infrastructure, movable property, stock, crops, fauna and flora and veld in South Africa. The work of the Department is informed by these pieces of legislation as well as nationally 6

7 appropriate policies and laws. Forest Administration Structure level of authority A2 Since December 2006, Forestry has been elevated to a status of a Branch within the DWAF (headed by a Deputy Director-General). This step was taken to ensure that the forestry programmes and projects of the Department are effectively coordinated and implemented, and that the necessary capacity is established to promote national priorities. Organization Charts Forest Administration Central level A2.1 The current structure (Annexure B) is in the process of being reviewed following the developments mentioned above. Forest Administration decentralized level A2.2 Refer to Annexure C. Number and qualification of staff in Headquarters and in decentralized offices A3 Year: 2006 Staff HQ Decentralized Total % > 50 years old % of female Master degree and above BSc degree University level Technical staff (school) Forest guards Forestry Education Forestry education institutions Institution Contact details University of Stellenbosch Department of Forest and Wood Science Faculty of Agricultural and Forestry Sciences Private Bag X1 MATIELAND 7602 E1 Tel.: (021) Fax: (021) packer@sun.ac.za Website: University of Venda School of Agriculture, Rural Development and Forestry University of Venda for Science and Technology 7

8 Private Bag X5050 THOHOYANDOU 0950 Tel.: (015) Fax: (015) Website: University of KwaZulu- Natal Forestry Programme Private Bag X1 SCOTTSVILLE 3209 Tel.: (033) Fax: (033) Nelson Mandela Metropolitan University (Saasveld Campus) Private Bag X6531 GEORGE 6530 Tel.: (044) Fax: (044) Fort Cox College of Agriculture and Forestry P O Box 2187 KING WILLIAMS TOWN 5600 Tel.: (040) Fax: (040) admission@fortcox.ac.za Additional information E1.Inf Number of graduated students at different levels of education E2 Year: 2006 Name of Institution Level of Education provided Tech % F BSc % F MSc % F PhD % F University of Stellenbosch University of Venda University of KwaZulu-Natal Nelson Mandela Metropolitan University (Saasveld) 31 (ND) 23 (B.Tech) - - 8

9 Fort Cox College of Agriculture and Forestry Forestry Research Forestry research institution(s)/centre(s) Name Council for Scientific & Industrial Research (CSIR) Natural Resources & Environment R1 E mail address (web site) and location P O Box 241 HOWICK 3290 Tel.: (031) Fax: (031) fblakeway@csir.co.za Website: Forestry and Agriculture Biotechnology Institute (FABI) University of Pretoria 74 Lunnon Road, Hillcrest PRETORIA 0002 Tel.: (012) Fax: (012) fabiteam@fabi.up.ac.za Institute for Commercial Forestry Research (ICFR) P O Box SCOTTSVILLE 3209 Tel.: (033) Fax: (033) postmaster@icfr.unp.ac.za Other institutions / departments doing forestry research R1.1 Name of institutions E mail address (website) and location Agricultural Research Council (ARC) Private Bag X134 Plant Protection Research Institute PRETORIA 0001 Tel.: (012) Fax: (012) chantelle@arc.agric.za Institute for Natural Resources (INR), University of KwaZulu-Natal Private Bag X01 SCOTTSVILLE 3209 Tel.: (033) Fax: (033) inr@ukzn.ac.za 9

10 Nelson Mandela Metropolitan University, Saasveld Campus Private Bag 6531 GEORGE 6530 Additional information R1.Inf The total estimated expenditure on forest sector research and development in South Africa was approximately R163 million in Government contribution accounts for only 5% or R5.9 million of this figure. Most forestry research in South African focuses on roundwood production and roundwood processing. Source: State of Forests Report (Draft), November DWAF, Pretoria. Staff of forestry research institution(s) / centre(s) R2 Year: Name of institution / centre Number and qualification of research staff Technical staff BSc MSc PhD na Forestry Research Programmes Name of institutions / centres Main research areas R3 Agricultural Research Council (ARC) CSIR Hans Merensky Holdings Institute for commercial Forestry Research (ICFR) Institute for Natural Resources (INR) Komatiland Forests Mondi Forests SA National Biodiversity Institute (SANBI) Sappi Pty(Ltd) University of Cape Town University of Western Cape Nelson Mandela Metropolitan University (Saasveld) Rhodes University Biological control of weeds and invasive plants. Tree improvement; wood quality and water use. Tree Improvement. Tree Improvement; Silviculture and Forest Engineering. Non-Timber Forest Products (NTFP); Forest Economics; Social & Environmental Aspects of Forests. Tree improvement; Forest Management and Wood Quality. Tree improvement; Forest Management; Fibre properties; Pulp and Paper. Forest Protection and Global Change. Tree improvement; Forest Management; Fibre properties; Pulp and Paper. Forest Ecology and Global Change Land Reform Fire Ecology, Wood Science and Forest Engineering NTFPs, Participatory Forest Management (PFM) and Conservation Management. University of KwaZulu-Natal Silviculture; Forest Management and Community Forestry. University of Pretoria (FABI) Forest Biotechnology; Forest Pathology and Entomology; and Renewable Energy. 10

11 University of Stellenbosch University of Witwatersrand Forest Science; Forest Engineering; Wood Science; Conservation and Renewable Energy Nutrient Dynamics; Forest Ecology and Woodlands. Forestry extension and outreach services Forestry extension Services X1 Name Contact details Main activities NCT Cooperative P O Box 1445 PIETERMARITZBURG 3200 Forestry Advisory Services Tel.: (033) Fax: (033) prelations@nctforest.com Website: Forestry South Africa P O Box 1553 RIVONIA 2128 Forestry Advisory Services Tel.: (011) Fax: (011) forest@global.co.za Website: Mondi Forests P O Box MEREBANK 4059 Emerging Grower Support Tel.: (031) Fax: (031) zainfo@mondibp.com SAPPI (Project Grow) P O Box BRAAMFONTEIN 2017 Emerging Grower Support Tel. (011) Fax: (011) mike.truelock@sappi.com Additional information Code X1.Inf Both government (Department of Water Affairs & Forestry) and private sector organisations, for example, NCT; Mondi (Khulanathi Scheme); and SAPPI (Project Grow) provide forestry advisory services to growers and communities around forestry. Industry associations also assist their members with information specific to their activities. 11

12 Other public institutions related to forestry Other public organizations involved in forestry I1 Name Mandate related to forestry SA Forestry Company Ltd SAFCOL is a government forestry company responsible for (SAFCOL) management of most of the remaining State plantations. P O Box 1771 SILVERTON 0127 Tel.: (012) Fax: (012) SA National Biodiversity Institute (SANBI) Private Bag X101 PRETORIA 0001 SANBI is a statutory body established in terms of the National Environmental Management: Biodiversity Act, 2004 to, amongst other things, monitor and report on the status of biological diversity in the country, conservation status of all listed threatened or protected species and listed ecosystems. Tel.: (012) Fax: (012) info@sanbi.co.za Website: Working on Fire Programme P O Box WESTACRES 1211 Integrated Fire Management Tel.: (013) Fax: (013) Website: Working for Water (WfW) Private Bag 4390 CAPE TOWN 8000 Control of invasive alien plants. Tel.: (021) Fax: (021) wfw@dwaf.gov.za Website: 12

13 b. Non public institutions Private sector organizations (e.g. forest industry associations) S1 Name Contact address Area of activity/interest Forestry South Africa P O Box 1553 FSA is an association RIVONIA 2128 representing the interests of timber growers. Tel.: (011) Fax: (011) forest@global.co.za Website: Natal Timber Co-operative (NCT) Paper Manufacturers Association of South Africa (PAMSA) SA Forestry Contractors Association (SAFCA) SA Institute of Forestry (SAIF) P O Box 1445 PIETERMARITZBURG 3200 Tel.: (033) Fax: (033) prelations@nctforest.com Website: P O Box 1553 RIVONIA 2128 Tel.: (011) Fax: (011) john.hunt@pamsa.co.za P O Box 2840 NELSPRUIT 1200 Tel.: (013) Fax: (013) jaapst@iafrica.com Post Suite 329 Private Bag X4 MENLOPARK 0102 Tel.: (012) Fax: (012) wso@mweb.co.za NCT is a marketing cooperative which caters for the needs of private and independent timber growers. PAMSA represent SA pulp and paper producers. It coordinates activities common to the paper industry. SAFCA is an association which represents and serves forestry contractors. Commercial Forestry Research 13

14 SA Wattle Growers Union (SAWGU) SA Wood Preservers Association (SAWPA) P O Box 633 PIETERMARITZBURG 3200 Private Bag X686 ISANDO 1600 Tel.: (011) Fax: (011) sawpa@global.co.za Website: SAWGU is an association of wattle growers. SAWPA is an association formed by the SA wood preserving industry to promote timber treatment and treated timber products. Civil society organizations (e.g. NGOs, associations, indigenous people S3 organizations) Name Contact address Area of activity/interest National Forestry Advisory Council (NFAC) Mr. Dinga Mncube P O Box BRAAMFONTEIN 2107 Advise the Minister on all matters related to forestry. Tel.: (011) Fax: (011) Indigenous Knowledge Systems of South Africa (ilkssa) Trust Dr. Mongane Wally Serote Tel: (012) Indigenous Knowledge Systems (including promotion of medicinal gardens). LIMA Rural Development Foundation Water for Food Programme Mr. Rory Mack PO Box DORPSPRUIT 3206 Tel.: (033) Fax: (033) rory@lima.org.za Web Site: Ms. Tshepo Khumbane P O Box 237 WADRIFT 1002 Tel.: (012) Integrated rural development; local economic development and training. Rural development 14

15 ETCF Mr. Aubrey Nsuntsha P O Box 2705 PIETERMARITZBURG 3200 Tel.: (033) Fax: (012) musansuntsha@yahoo.co.uk Emerging grower support 15