Page 70 - State of Biodiversity 2023-2024

4.6.2. Biodiversity Impact Assessment
BIODIVERSITY MANAGEMENT DEPARTMENT DEVELOPMENT GUIDELINES
Areas within D’MOSS may not be developed unless approval has been obtained from the eThekwini Municipality. This approval may be obtained through the Biodiversity Management Department’s (BMD) environmental screening and involvement in the decision-making process. To avoid unintended damages to biodiversity within D’MOSS areas, proponents are encouraged to submit enquiries to BMD regarding development proposals on land within or adjacent to D’MOSS. This will enable the provision of relevant advice and ideally ensure that the development does not negatively impact any D’MOSS area when undertaken. The Land-use Schemes’ D’MOSS provisions (legal requirements) are as follows –
Without the prior written approval of the Municipality, no person shall within a D’MOSS Controlled Area:
a) develop, excavate, or level any erf; or
b) remove any natural vegetation from any erf; or
c) erect any structure of any nature whatsoever on any erf;
or
d) dump on or in any erf; or
e) permit any domesticated animals to cause harm to flora
and fauna or the environment generally; or
f) carry out any work or undertake any activity upon any erf which may compromise the intention of D’MOSS as
stated in the definition.
Where a development has been restricted to protect sensitive areas of the site, it is not uncommon for the BMD to require that these areas be registered as a Non-User Conservation Servitude (NUCS). The property remains in private ownership but cannot be transformed without
the permission of the Municipality. The area can be used for passive recreation if this does not impact on the conservation value of the area. The servitude area will require management, but rates relief could be applied for. In certain instances, the municipality can assist with the registration of NUCS or Conservation Zones through a simple signed agreement process; forms are available on request.
THE D’MOSS ENQUIRY PROCESS
The BMD has an enquiry process that enables you to seek early environmental input if you are considering the development of your land or planning to purchase land that may be affected by the requirements outlined above and in our Development Assessment Guidelines document (available on request).
A simple form can be obtained from the BMD office (contact Tel: 031 311 4262 or
Email: EnviroEnq@durban.gov.za) which, once completed and returned, allows a desk top evaluation of the site in question. You will on average obtain advice and guidance within a two-week period. This enables you to plan more effectively prior to the submission of a formal development application and should prevent the wasting of professional fees by reducing referrals.
68 STATE OF BIODIVERSITY REPORT 2023/2024