GOOD Statement by Brett Herron,
GOOD Secretary-General & Member of Parliament
27 October 2023
Looks like unlawful trade-off… but State says it’s an “offset”
Provision is made in environmental law for like-for-like biodiversity offsets, where proposed developments threaten critical habitat.
What this means, in simple language, is that if it is proposed to construct a mine on a wetland where a species of threatened birds nests, for example, it is possible to go ahead with the mining by investing in the protection of a similar site where the birds nest, elsewhere.
The National Biodiversity Offset Guideline clearly distinguishes between the integrity of biodiversity “offsets”, and “trade-offs”, which are not an acceptable form of mitigation.
“A trade-off in the biodiversity context involves exchanging a negative outcome for biodiversity with another positive outcome, which does not necessarily benefit biodiversity, and where it benefits biodiversity, does not properly counterbalance the loss of biodiversity through a like-for-like approach,” it says.
“Trade-offs should be approached with extreme caution in the context of environmental authorisation applications given that South African law demands a rational link between impacts on the environment and conditions of environmental authorisations directed at addressing those impacts.”
Last month, Karpowership donated a non-estuarine game farm to Ezemvelo KZN Wildlife in exchange for Ezemvelo agreeing not to object to the destruction of estuarine biodiversity at Richard’s Bay.
Judging from today’s announcement by Karpowership that it had been granted environmental authorisation to proceed with its Richards Bay plant, South Africa’s Department of Forestry, Fisheries and the Environment regards this move as an offset.
From where we sit, however, it has the appearance of a trade-off or a bribe.
The species of wildlife that are threatened by Karpowership’s proposed operations in Richard’s Bay are not present on the offset game farm.
Minister of Forestry, Fisheries and the Environment Barbara Creecy must explain the rationale for her department’s decision.
Minister of Electricity Kgosientsho Ramokgopa, who insists that South Africa is about to put an end to load-shedding due to improved management of Eskom and accelerated uptake of renewable energy, must please explain why, in that context, the country still needs to sign 20-year agreements with a floating power station company.
Media Enquiries:
Brett Herron, GOOD Secretary-General & Member of Parliament
Cell: 082 518 3264
Email: bretth@forgood.org.za
Janke Tolmay, GOOD Media Manager
Cell: 073 367 1223
Email: janke@forgood.org.za