Issued by: Department of Water Affairs and Forestry
PROCEDURE FOR PROCESSING AFFORESTATION PERMIT APPLICATIONS
1. The applicant applies directly to the nearest Forestry Office of the Department of Water Affairs and Forestry. She or he is advised to complete the application forms in consultation with a forestry officer. The application forms will then be forwarded to the Regional Director.
(Note: Should the applicant be of the opinion that the Steps 2-6 below will take too long if handled by the Department, a consultant may be engaged to undertake the above, at the applicant's expense).
2. A date for an inspection of the site by a forestry officer is set in consultation with the applicant. The inspection should take place as soon as possible, bearing in mind that representatives of the organisations and bodies (the parties) listed in Step 3 following may also wish to attend.
3. The Forestry Office communicates details of the permit application to the following parties for their comments. Communication will be in writing, conveyed by the most rapid system available.
i) The Regional Water Affairs Office of the Department of Water Affairs and Forestry. ii) Conservation authorities (eg.Department of Environment Affairs and Tourism, National Parks Board, Provincial Authorities). iii) Provincial Department of Agriculture. iv) Provincial Department of Local Government and Housing, or equivalent. v) The relevant authority concerned with provincial museums, historic monuments, and archaeological and heritage sites. vi) Any other affected local authority or community.
(Note: Affected local community includes, inter alia, Tribal Authorities, labour organisations, and local environmental organisations).
3.1 Comments should be submitted to the Regional Director within 30 days of the date of the communication.
3.2 If the above parties are unable to respond within the time period specified, they can apply to the Regional Director for an extension of time, up to a maximum of a further 30 days.
3.3 If the parties do not submit comments on the application to the Regional Director, or if they do not request an extension of time for comment, it will be assumed that they have no objections to the application.
3.4 Notification of the date of the proposed visit to site by the forestry officer will be included in the communication to the parties, to enable them to co-ordinate their visits with the forestry officer should they so wish. If this is not possible, they may arrange with the applicant to inspect the proposed site independently.
4. Timeously submitted comments, objections, etc, from the above parties should be processed in the Regional Director's office within 6 weeks of receipt of the application. Details of any objections may be forwarded to the applicant in order to allow the application to be revised to incorporate measures to mitigate negative impacts, prior to evaluation of the application by the Review Panel.
5. The applicant will advertise in the local press, and in one other newspaper which will reach affected parties. She or he will also inform immediate neighbours (i.e. properties which physically abut the applicant's property) in writing of the intention to afforest. This may be done at any stage up to this point. However, it may be prudent to await comments from the organisations in Step 3 above, prior to advertising.
6. The applicant submits copies of the advertisement, letters to neighbours, all replies and any proposed mitigation measures in respect of Step 4 above, to the Regional Director's office for submission to an Afforestation Permit Review Panel (Review Panel - see Step 7 following).
7. Applications and comments are assessed by the Review Panel, which is appointed and chaired by the Regional Director or his delegated official, and comprising:
i) Department of Water Affairs and Forestry - Water Affairs component. ii) Department of Water Affairs and Forestry - Forestry component. iii) Provincial environmental and conservation authorities. iv) Provincial Department of Agriculture. v) Provincial Department of Local Government and Housing or equivalent. vi) SA Timber Growers Association and Forest Owners Association. vii) Any independent reviewers appointed ad hoc as required. viii) Any affected local authority that wishes to be repre- sented on the Review Panel in respect of a specific application.
8. The Review Panel may recommend to the Manager: Water Resources of the Department of Water Affairs and Forestry:
i) that the Permit be granted; the Review Panel will also recommend what conditions are to be attached to the granting of the permit; ii) that the Permit be refused. or: iii) will advise the applicant that an environmental impact assessment (EIA) should be carried out.
8.1 In the latter case the panel will give guidance to the appli- cant as to what aspect(s) the EIA should concentrate on, and recommend the degree of detail required in such an assessment. The EIA may include the requirement to hold public meetings of interested and affected parties.
8.2 The Review Panel may also postpone its recommendation, to enable parties to visit the site, negotiate, or for the appli- cant to propose measures to mitigate the negative impacts of the proposed plantation.
8.3 The applicant, or objectors to the granting of the permit, may wish to address the Review Panel, and opportunity to do so will be afforded them.
9. After the Manager: Water Resources has made his decision to grant or refuse the permit, the Regional Director will, within 15 days, communicate a Record of Decision, together with details of the conditions imposed if the decision is to grant the permit and full reasons for refusal if the decision is to refuse the permit, to the applicant and to all parties involved in Steps 2-6 above.
10. Thereafter the applicant, or any of the parties involved in Steps 2-6 above may appeal in writing against the decision to the Director-General of the Department of Water Affairs and Forestry. Any appeal against the decision shall be received in the Director General's Office within 30 days.
APPLICATIONS FOR AREAS LESS THAN 10 HECTARES
Applications for planting areas less than 10 hectares, or for plantations which do not cover more than one percen of the surface area of a separately registered property, will be dealt with locally, in consultation with the Review Panel, by the Regional Director acting under delegation from the Manager: Water Resources.
In such cases the applicant applies directly to the nearest Forestry Office of the Department of Water Affairs and Forestry as described in Step 1 above.
There is no requirement for the applicant to advertise her or his intentions in the press, or to inform neighbours.
Conditions will however still be imposed in respect of the distances of planting from watercourses, and wetlands as defined in terms of the Ramsar Convention.
In addition, if virgin land is to be broken, or if steep land is to be afforested, or if flood plains are to be afforested, permission from the Department of Agriculture is required.
EXEMPTION FROM PERMIT REQUIREMENTS
Windbreaks and visual screens, defined as a maximum of four rows of trees, do not require a planting permit.
6 November 1995