Draft National Norms And Standards For The Recognition Of Other Effective Area-based Conservation Measures Published For Public Comment

On 13 February 2026, the Minister of the Department of Forestry, Fisheries and the Environment (DFFE) in terms of the National Environmental Management: Biodiversity Act 10 of 2004, published the draft National Norms and Standards for the recognition of Other Effective area-based Conservation Measures (OECMs) for public comment (Draft Norms and Standards for OECMs).

OECMs are defined in the Draft Norms and Standards for OECMs to be "other effective area-based conservation measures which are geographically defined areas other than a protected area, which are governed and managed in ways that achieve positive and sustained long-term outcomes for the in-situ conservation of biodiversity".

The purpose of the Draft Norms and Standards for OECMs is to set clear minimum requirements for the recognition of OECMs in South Africa and to establish procedures for the assessment of areas that could qualify as OECMs. These norms and standards align with South Africa's commitment under the Global Biodiversity Framework to conserve 30% of land and sea by 2030 and are based on guiding principles adopted by the Convention on Biological Diversity.

The Draft Norms and Standards for OECMs aim to expand South Africa's conservation estate by recognising areas outside the formal protected area network where biodiversity is conserved. Examples include land used for military training, botanical gardens, and areas regarded as sacred under customary law. The recognition process is voluntary and requires free, prior, and informed consent from governance authorities and rights holders.

The publication of the Draft Norms and Standards for OECMs has potential implications for businesses, infrastructure developers and investors operating in South Africa. These implications include:

1. Biodiversity Offsets - The recognition of OECMs may influence biodiversity offset practices by identifying areas of high biodiversity value that could serve as offsets. While the Draft Norms and Standards for OECMs do not directly regulate offsets, they provide a clearer framework for recognising such areas. Infrastructure projects requiring biodiversity offsets (i.e. mines, energy developments, and transport corridors) may need to meet stricter conservation standards, potentially increasing offset costs but improving the credibility of identified offset areas.
2. Additional Environmental Assessments - Developers will need to account for OECM recognition in environmental impact assessments under existing environmental legislation. Projects located in sensitive ecosystems identified as OECMs may face heightened scrutiny, and authorities may impose additional mitigation or offset obligations.
3. Potential constraints on land use – OECMs require governance and management mechanisms that ensure long-term biodiversity outcomes (minimum of five years). This may result in additional restrictions or mitigation obligations for projects proposed within or near OECMs. Developers and investors will need to carefully assess land use implications for projects in proximity to OECMs.
4. Corporate ESG and Reporting – Companies engaging with OECMs could strengthen ESG disclosures, demonstrating alignment with biodiversity conservation objectives. However, this may require that businesses reassess ESG frameworks and adjust biodiversity reporting to reflect OECM-related obligations and opportunities.

The Draft Norms and Standards for OECMs represent more than a technical adjustment to conservation law. It signals a shift towards increasing biodiversity conservation in South Africa, by expanding the recognition of conservation efforts outside formal protected areas. Businesses, infrastructure developers, and investors should carefully consider these norms and standards in anticipation of both risks and opportunities.

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