OECM'S &
STEWARDSHIP

OECM’s

OECM’S, or Other Effective Area-based Conservation Measures, are geographically defined areas other than a Protected Area, which is governed and managed in ways that achieve positive and sustained long-term outcomes for the in-situ conservation of biodiversity, with associated ecosystem functions and services and where applicable, cultural, spiritual, socio–economic, and other locally relevant values. They include Biodiversity Management Agreements (BMAs).

Governance: Currently a wide basket of options, including BMA’s.

Legal Status: Currently lacks formal statutory declaration, although draft national instruments have been published under NEMBA.

Qualifying Criteria: The area must not be a Protected Area, the area must be governed and managed, the area must have a sustained and effective contribution to in-situ conservation, and the area must support ecosystem functions and socio-economic/cultural values. 

Longevity: No specific duration is specified, but the intention is “long-term”. 

Zoning: No re-zoning is necessary.

A unique tax incentive, section 37C(1) of South Africa’s Income Tax Act, is enabled by the signing of a Biodiversity Management Agreement (BMA), between the MEC and a landowner. The tax incentive allows landowners who are safeguarding threatened ecosystems or species, such as rhino or lion, to deduct all expenses related to their conservation efforts from taxable income.

Conservation Areas

Conservation Areas are flexible options with no defined period of commitment (including Conservancies), that requires a constitution for participating landowners, no specific duration, existing zoning remains, access decided by landowner, no legal status, and a voluntary certificate of recognition.

Governance: Constitution adopted by participating landowner/s.

Legal Status: Lack formal statutory declaration under NEMPAA.

Qualifying Criteria: Voluntary association by landowners. 

Longevity: No specific duration is specified. 

Zoning: No re-zoning is necessary.

Biodiversity Agreements

Biodiversity Agreements are negotiated legal agreements between the conservation agency (CapeNature/ECPTA) and a landowner for conserving biodiversity in the medium term, that are provided for by National Environmental Management: Biodiversity Act (NEMBA) (Act No. 10 of 2004).

Governance: A legal contract between landowner and appropriate conservation agency binding them to a Biodiversity Management Agreement (BMA).

Legal Status: Depending on the specific agreement. Can be as strict as a Conservation Easement registered against title deed. 

Qualifying Criteria: Relatively pristine land, including isolated fragments of natural vegetation (i.e. Renosterveld fragments).

Longevity: Suggested minimum 10 years.

Zoning: Re-zoning not necessary as area may be registered as a Conservation Servitude or Easement (a private or contractual agreement that is registered as a restrictive condition directly against the property’s title deed in line with the Biodiversity Management Agreement), while landowners may also decide to re-zone their property to Open Space 3.

Drafting of the Biodiversity Management Agreement/Plan in partnership with the relevant conservation agency (CapeNature/ECPTA). Further benefits, including alien vegetation, fencing, fire and game management, are contingent on resources available to the conservation agency (CapeNature/ECPTA). Potential Tax Incentives (for minimum 5 year contracts) include conservation and maintenance expenses incurred in terms of the contractual Biodiversity Management Agreement between the landowner and the conservation agency are treated as expenditure incurred in the production of income and for purposes of trade e.g. rehabilitation, alien vegetation clearing or burning of fire breaks. Conditions apply.

Contract Nature Reserves

Contract Nature Reserves are legally recognized contracts or servitudes on private land to protect biodiversity in the long term, that is provided for by the Protected Areas Act (No. 57 of 2003), and the amendment to this Act (No. 31 of 2004) and implemented by CapeNature and ECPTA’s Stewardship Programme.

Governance: Area managed according to a management plan under contractual agreement between the landowner and CapeNature.

Legal Status: Formally protected through a declaration agreement between a landowner, CapeNature/ECPTA and the MEC, along with a Notarial Deed that details restrictions. 

Qualifying Criteria: Critically important sites whose primary landuse is conservation.

Longevity: In perpetuity or not less than 30 years.

Zoning: Property re-zoned to Open Space 3. Access by landowner, family and permitted friends must be consistent with contract, while conservation agency must notify landowner of intended access and general public not permitted unless specifically agreed upon.

Drafting of Nature Reserve Management Plan and substantial advice and support regarding alien vegetation, fencing, fire and game management. 

Tax Incentives Include: 

• Municipal rates exclusion for area under contract;
• Possible tax incentives for minimum 30 year contract include all conservation and maintenance expenses as required by the management plan are deemed deductible donations and can be deducted from taxable income.
• Possible tax incentive for minimum 99 year contract include the benefit that the landowner/taxpayer may deduct 4% of the full value of their land from their taxable income every year for 25 years, according to specific criteria.

Protected Environments

Protected Environments are created through legally recognised contracts that result in a formal Protected Area. They are usually created by groups of landowners in areas buffering Nature Reserves or National Parks, or are areas sufficiently large to become self-contained ecosystems. Protected Environments are provided for by The Protected Areas Act (No. 57 of 2003) NEMPA.

Governance: Area managed according to a management plan under contractual agreement between the landowner and CapeNature.

Legal Status: Formally protected through a declaration agreement between a landowner and the MEC, through CapeNature/ECPTA. Conditions of agreement are not written into title deed and not binding on successors in title unless landowner specifies it to be so.

Qualifying Criteria: Relatively pristine natural habitats in a large landscape.

Longevity: The suggested minimum is 30 years.

Zoning: Existing zoning can remain, or may by re-zoned to Open Space 3. Alternatively a Conservation Servitude may be registered against Title Deed.

Drafting of Nature Reserve Management Plan, assistance with biodiversity mapping, and substantial advice and support regarding alien vegetation, fencing, fire and game management. Additionally possible municipal rates rebates may apply.