CONTENTS
1. Purpose of report
2. Access to mountain areas, rock faces and coastal cliffs
3. Conservation issues affecting access arrangements
4. Legal liabilities of landowners
5. Conclusion
Acknowledgements
References
Appendix 1: Overview of mountains in South Africa.
Appendix 2: Legislation
relating to mountain areas in South Africa.
At the UIAA Access & Conservation Commission meeting in Autrans in December 2000 it was decided that the Commission would prepare a document summarising the access and conservation situation in the UIAA member countries as part of the Commission's contribution to the UN Year of the Mountains in 2002.
UIAA member countries were requested to provide information
as follows:
1. A clear statement of the current situation with regard to access to mountain
areas, rock faces and coastal cliffs. There should be a clear indication as
to whether access is a legal right or whether it is by permission of any owner
of the land. Please give examples of any particular access difficulties that
exist.
2. A clear statement of the principal conservation issues effecting access arrangements
in your country. This should include examples of access difficulties resulting
from conservation concerns and of partnerships between federations and conservation
bodies.
3. An indication of the current situation regarding the legal liabilities of
landowners. In other words - what responsibilities do landowners have for accidents
on the land? Specific examples of liability, and any other legal issues would
be useful.
2. ACCESS TO MOUNTAIN AREAS, ROCK FACES AND COASTAL CLIFFS
South Africa comprises approximately 10 percent mountainous terrain and isolated mountains, based on the criterion that a mountain constitutes an area elevated by at least 450 metres (m) from the local relief. Distinctive hilly terrain and distinctive coastal and river relief makes up approximately 13% of the land surface (See Appendix 1 for a preliminary overview of mountains in South Africa).
South Africa does not have a formal Mountain Management Policy or legislation dealing specifically with mountains. Access to mountains in South Africa is dependent on the ownership of the area i.e. there is no legal right for access to climb or mountaineer - therefore 'no right to ramble'.
National and Provincial Governments are responsible for legislation affecting mountain areas. The provincial governments are responsible for Mountain Catchment Areas in terms of the Mountain Catchment Areas Act, Wilderness Areas in terms of the Forest Act and nature reserves and planning (rural and urban development) in terms of their ordinances. Development of water resources is controlled by the Water Act and forestry is controlled by the Forest Act, both of which are the responsibilities of the Department of Water Affairs and Forestry. The Department of Agriculture is responsible for the implementation of the Agricultural Resources Act. National Parks are managed by the South African National Parks in terms of the National Parks Act. The Department of Environmental Affairs and Tourism is responsible for the implementation of the Environment Conservation Act, which include Environmental Impact Assessment regulations.
Access on private land. A large part of the mountainous areas in South Africa (estimated at 80%) is in private ownership. Private landowners may give permission to climb mountains in their ownership or they may refuse.
Access on state land. In mountain ranges in national or provincial parks, access is according to permit conditions and in some cases there is no access for climbing, mountaineering or hiking. In wilderness areas access is also per permit and it is restricted to prevent over-crowding and a degradation of the wilderness experience.
Access to communal land. Some mountainous areas fall in communal tribal ownership and permission to climb must be obtained from the tribal authorities.
Access to coastal cliffs. Land below the high water mark belongs to the state in terms of the Sea Shore Act and is accessible to everyone. Thus there is no thing in South Africa as a "private beach". However, coastal cliffs above the high water mark could be in private ownership.
User fees. Provincial and national authorities have always charged a fee, with some exceptions e.g. the Cape Peninsula National Park is a free access park. With the cut in conservation budgets in South Africa fees are increasing, in some instances dramatically.
Free access to private land is fast becoming a thing of the past. Although some private landowners still allow free access, many private landowners are now charging fees.
Servitude arrangements with private landowners and authorities are situation specific.
3. CONSERVATION ISSUES AFFECTING ACCESS ARRANGEMENTS Mountain conservation. Mountains can be conserved
with a range of instruments involving the state, private landowners, communities
or partnerships between these parties. Formal or legal mechanisms for mountain
conservation include:
1. Biosphere Reserves
2. Wilderness Areas
3. National Parks
4. Provincial Reserves
5. Municipal Reserves
6. Natural Heritage Sites
7. World Heritage Sites
8. Transfrontier Parks
9. Conservancies
10. Private Nature Reserves
Access in conservation areas. In certain areas, access for mountaineering has been lost or restricted due to the establishment of national parks or private nature reserves. In particular, an emphasis on conservation of the 'Big Five' (lion, elephant etc), resulting in creation of additional national parks (e.g. Marakele National Park) has in cases meant that climbers and hikers can now only access such areas under guard, if at all. Trails in some national parks have been closed due to the introduction of buffalo (e.g. Mountain Zebra National Park). In some areas (e.g. Baviaanskloof), mountaineering is still allowed, even although buffalo has been released.
Recreational activities. Popular non-motorised recreational activities undertaken in mountain areas include: hiking, scrambling, rock-climbing, sport climbing, abseiling, bouldering, kloofing, BASE jumping, paragliding, mountain biking, horse riding, game-viewing, bird watching and photography. Motorised recreational activities: 4x4 trails.
Environmental impacts. With the increase of recreational activities in mountain environments, environmental impacts are also increasing. Although mountaineering where the "leave no trace" ethic is followed has minimal impact on the mountain environment, increased use of areas by mountaineers and other recreational users are causing cumulative impacts. Some authorities have requested that recreational groups develop Environmental Management Programmes (EMP) with a Code of Conduct to guide their activities. An EMP makes provision for self-monitoring by recreational groups as well as feedback to authorities. An EMP for sport-climbing has been developed for climbing in the Cape Peninsula National Park (CPNP), with a Sport-Climbing Working Committee liaising between sport-climbers and the authority, South African National Parks (SANParks). An EMP for mountaineering, to include hiking, scrambling and rock-climbing is currently being developed for mountaineering in the CPNP.
Some protective measures have been taken towards
conservation of mountain ecosystems on state land as follows: · In certain areas
rock-climbing is restricted during the breeding season of endangered or endemic
bird species.
· Sport-climbing is not allowed in areas with Bushmen paintings.
· In fire prone areas the making of fires is not permitted. However, this does
not restrict access.
Partnerships between federations and conservation bodies: The MCSA and its members play prominent roles in various conservation bodies e.g. the Magaliesberg Protection Association, Friends of Wolkberg and the Federation of Drakensberg Users Group. MCSA members are also represented on National Park Committees e.g. the Cape Peninsula National Park Committee.
The MCSA has good linkages with other NGOs and networks e.g. The Botanical Society of South Africa, The Wildlife and Environment Society and the Peninsula Mountain Forum.
In terms of environmental legislation, the MCSA is frequently being called upon for comment as an Interested or Affected Party when developments are planned in or near mountain ranges. The MCSA plays a crucial role in this regard and its opinion is highly valued.
4. LEGAL LIABILITIES OF LANDOWNERS
The situation regarding the legal liabilities of landowners for accidents on their land, relating to mountain accidents vary. Some national and provincial authorities and some private landowners require indemnity forms to be completed, in other instances, there is no agreement. There is no legislation ruling this and in South Africa where the legal system refers to Roman-Dutch common law and jurisprudence in such circumstances, there has not been a court case to test this aspect. Rescue services are supplied by Metropolitan Councils and on a volunteer basis by members of the Mountain Club of South Africa. In parts of the KwaZulu-Natal Drakensberg, managed by KwaZulu-Natal Nature Conservation Services, a rescue services levy forms part of entrance fees.
There is a range of legal requirements that pertain to mountain areas, unrelated to access (See Appendix 2).
There is a need to harmonize legislative policies and formulate new mountain specific legislation in South Africa. In this vacuum the Mountain Club of South Africa and other Non-Government Organisations (NGO's) have played an important role to secure access and prevent degradations of fragile mountain environments.
Petro Grobler
Greig Stewart
Reuben Heydenrych
Fran Hunziker
Trevor Sandwith
Blignaut, P (2000). Status of Mountain Management
in South Africa. Mountain Forum, Volume 3, Issue 2, September 2000, ISSN 1029-3760.
Price, T (2000). Environmental Legislation of relevance to the MCSA as a landowner.
Environment Subcommittee: Cape Town Section.
Bristow, D and Ward, C (1985). Mountains of Southern Africa. Struik Publishers:
Cape Town.
Department of Environmental Affairs and Tourism (DEAT) (2000). Environmental
Potential Atlas for South Africa. J.L. van Schaik.
Reader's Digest (1994). Illustrated Atlas of Southern Africa. Reader's Digest:
Cape Town.
Journals of the Mountain Club of South Africa - Various.
Appendix 1: Overview of mountains in South Africa.
Appendix 2: Legislation
relating to mountain areas in South Africa.