WESSA raises concerns over new estuarine and land-based biodiversity offset agreement between Karpowership South Africa and Ezemvelo KZN

WESSA sounds alarm over estuarine and land-based biodiversity offset agreement allegedly intended to balance the negative effects of the proposed KPSA project on the highly sensitive estuarine Richards Bay port. Photographer: Armand Hough. African News Agency (ANA)

WESSA sounds alarm over estuarine and land-based biodiversity offset agreement allegedly intended to balance the negative effects of the proposed KPSA project on the highly sensitive estuarine Richards Bay port. Photographer: Armand Hough. African News Agency (ANA)

Published Sep 11, 2023

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The Wildlife and Environment Society of South Africa (WESSA) is concerned that a biodiversity offset agreement between Karpowership South Africa (KPSA) and Ezemvelo KZN Wildlife undermines the country's commitment to sustainable development.

From reports in the press, it appears that the estuarine and land-based biodiversity offset agreement intends to balance the negative effects of the proposed KPSA project on the highly sensitive estuarine Richards Bay port.

There are two offset components involved in the agreement: restoring the uMhlathuze Estuary and purchasing and donating the 1,750-hectare Madaka Game Ranch. Ezemvelo has agreed to amend its original view that the project was "substantially deficient" based on its input into the environmental impact assessment (EIA), to one of not opposing the development on the basis of environmental considerations.

"The reported Ezemvelo volte-face and subsequent acquiescence is deeply concerning, and the apparent lack of consultation and transparency on the agreement itself creates the perception that Karpowership has "bought" approval for its project," WESSA CEO Helena Atkinson said.

"Given the already poor reputation engendered by previous KPSA environmental authorization attempts, it is troubling that the company appears intent on manipulating the assessment processes to secure an outcome in its favour."

In South Africa, biodiversity offset is a relatively new mitigation mechanism with limited application; the Department of Forestry, Fisheries, and Environment’s (DFFE’s) published its National Biodiversity Offset Guideline in June this year.

"But as indicated by the conversations that happened at the African Climate Summit this week in Nairobi, offsetting may offer significant opportunity for restoring wildlife (both marine and terrestrial) habitats and sequestering carbon emissions. Unfortunately, as demonstrated by some projects, it also has great potential for unscrupulous companies to 'greenwash' their unsustainable developments and practices. Thereby undermining both the integrity of the mechanism and threatening its future viability," said Atkinson.

A detailed offset agreement is essential to understanding its biodiversity value and adherence to an ecosystem approach. The purchase of a game farm does not constitute biodiversity offsetting per se.

Therefore, according to WESSA, not having sight of the agreement leaves a lot of questions unanswered and means the public cannot evaluate its biodiversity value.

Since the agreement only became known after the EIA was submitted for adjudication to the DFFE, the public and registered interested and affected parties (I&APs) are excluded from a material part of the assessment.

Atkinson said, "We strongly believe such actions are contrary to the public participation guidelines under the National Environment Management Act (NEMA) and the offset guidelines gazetted by the DFFE."

"Such a material omission and Ezemvelo’s seeming acquiescence and abandonment of the Richards Bay estuary undermine the integrity of EIA processes and work against the collaborative and stewardship intent of our environmental legislation and constitution."

WESSA has registered as an I&AP in the KPSA public participation processes because of its interest in sustainable development from an ecosystem perspective. According to their input, ship-based gas peaking plants that have applied to be continuously berthed in three ports for twenty years will only provide a limited and temporary solution to our systemic energy crisis (one stage of load shedding).

The price will be too high, and it will fail to meet the criteria for sustainable development on all three fronts: social, economic, and environmental. Power ships have an adverse environmental impact that cannot simply be mitigated by buying a game farm. Moreover, WESSA believes that there are better-fit energy solutions that can build South Africa's long-term capacity more quickly.

"In a post-Zondo Commission world, South Africans desperately need their faith restored in our governance systems and proof that corporations do not simply buy decisions to favour their interests. And in the midst of a global mass extinction of species due to human activity, abandoning an irreplaceable Critical Biodiversity Area simply because that’s the way things are and are likely to be is a failure of both vision and duty by the provincial conservation authority," added Atkinson.

WESSA has further urged Ezemvelo to publicly publish and clarify the details of any such offset agreement and called upon Karpowership to also publicly commit itself to due process and patiently await its outcome.

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