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MOSSEL BAY NEWS AND VIDEO - Thanks partly to the continued lobbying of the Hartenbosrivier Forum that is working in closely with the Mossel Bay Municipality, efforts to open the Hartenbos River mouth more permanently, and at least until the end of the summer season, resumed on Monday morning.
This time, the municipality, supported by the necessary environmental authorisations will open the river mouth to approximately three meters deep, and some nine meters wide, much wider than before.
The channel is dug closer to the parking area on the Hartenbos side of the river. Concerns were raised, however, by the Forum on whether the work would be finalised before the leap tide high tide cut off.
Previous efforts to manually open the river seem to have had a very positive and longer-lasting effect in keeping the mouth open. It is envisaged that current efforts to open the river will help to re-establish natural saltwater fish in the river. Planners are hoping for a biological solution to the scourge of mosquitoes and midges along the river's edge. The fresh seawater surge upstream into the river may, however, affect the freshwater species of fish to an extent.
Work on the opening of the river is closely being monitored by environmental consultant Anje Taljaard of HilLand Associates Environmental Consultancy on behalf of the municipality. "Sand removed from the dune and canal excavation will be deposited where the natural action will not reintroduce it into the estuary," Taljaard said.
No legislation
The Mossel Bay municipality has no legal mandate nor obligation to manage the various estuaries within the municipal boundaries.
Judgement by the Supreme Court of Appeal (Abbott v Overstrand Municipality, 2016) specifically refers to the National Constitution when it indicated that the Constitution does not confer on municipalities the authority to breach a berm in an estuary to protect riparian properties.
The municipality will, however, only be authorised to manage an estuary under provisions of the National Environmental Management: Integrated Coastal Management Act (24 of 2008) (ICMA), and more specifically the National Estuarine Management Protocol in terms of this act.
The Supreme Court of Appeal specifically stated that municipalities will only be authorised to manage estuaries under the provision of the ICMA - providing the municipality agrees - and has the capacity to do so, in accordance with the Constitution.
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Avert disaster
"At best, the municipality becomes involved in breaching the berm of an estuary to avert disaster, as was recently repeatedly done in the Hartenbos and Great Brak Rivers," Mossel Bay's municipal manager, Advocate Thys Giliomee told the Mossel Bay Advertiser.
"There is no legislation, whether national or provincial, which has assigned to the municipality the power or the duty to manage estuaries or to take measures to protect riparian properties. Powers relative to the breaching of berms in estuaries has to be assigned to municipalities by the national or provincial authorities."
Municipal funds
Furthermore, the Mossel Bay Municipality has recently indicated to the provincial department of environmental affairs and development planning that functions associated with estuary management cannot be funded from municipal revenue. Instead, the municipal manager insisted that part of any negotiations to reach an agreement on the function or part thereof must be the appropriate allocation of funds from the responsible provincial or national government departments.
The municipal manager insisted that the municipality does not have the capacity, nor can it agree to perform any duties or responsibilities with regards to a planned estuary management plan or any involvement in the management of specifically the Blinde River near Dana Bay. At best, the municipality has indicated, it may be listed as an interested party.
Hartenbos River Estuary
The Mossel Bay Municipality emphasises that pollution upstream of the Hartenbos wastewater treatment works contributes to the poor quality of the estuary. This pollution, the municipality insists, must be addressed soonest, yet the local government does not have the authority to monitor or enforce in this regard. Water use and agricultural activity upstream of the estuary must be regulated.
The upper catchment of the Hartenbos River has been totally transformed to the extent that hardly any water from the catchment reaches the estuary. The department of environmental affairs has previously undertaken to engage with the Eden District Municipality and Nature Conservation to monitor the pollution of the river upstream of the water treatment works. The municipality has also insisted that the Breede Gouritz Catchment Management Agency and department of water and sanitation be engaged with regards to the water use and agricultural activity.
The municipality was appraised of an illegal dam in the Hartenbos River. The Hartenbosrivier Forum asked that this matter should be addressed as a matter of urgency to ensure that water released from the upstream dam reach the estuary when necessary.
Management plans
The municipal manager stated that the local government looks forward to the review and amendment of the estuary management plan (EMP) and mouth management plan (MMP) and expects that it will include the amendments as requested by the Hartenbosrivier Forum.
"The plans must empower the Mossel Bay Municipality to act decisively, with financial and administrative support from the relevant authorities, to address the sedimentation at the estuary mouth, the sedimentation and excessive reed growth upstream, and the degradation of the watercourse between the Hartebeestkuil Dam and the lower reaches of the river. The purpose of this dam and the impact it is having on the estuary must also be reviewed. The implementation of all tiers of the National Estuarine Monitoring Protocol is also critically important, especially with regards to sediment analyses, algae enumeration and detailed fish and invertebrate survey."
Great Brak River Estuary
The municipality insists that the EMP and MMP must provide for the roles and responsibilities of the national and provincial departments in accordance with their constitutional obligations and that it should clearly indicate timelines and the confirmed funding for implementation to which all parties must commit.
The major concerns relate to the operating rules of the Wolwedans Dam, sedimentation of the estuary, the implementation of all tiers of the National Estuarine Monitoring Protocol, the establishment of a bait sanctuary, the completion of a bathymetry survey, and the management of the estuary mouth.
The municipality is an active member of the Estuary Forum and has undertaken to coordinate the forum, investigate water pollution incidents, take water quality samples, appoint contractors to cut reeds, obtain environmental authorisation for the removal of derelict infrastructure, and to appoint contractors and provide machinery for the breaching of the estuary, when necessary.
These are functions performed at local government level without requiring funding from national or provincial departments.
There is, however, no municipal activity that directly influences this estuary or the water quality of this system.
Environmental consultant Anje Taljaard (left) of HilLand Associates environmental consultancy was on hand on Monday to monitor efforts to open the Hartenbos River mouth. Photo: Nickey le Roux
ARTICLE & VIDEO: NICKEY LE ROUX, MOSSEL BAY ADVERTISER NEWS EDITOR
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