CONSERVATION OF BIODIVERSITY

1. CONSERVATION OF BIODIVERSITY INTRODUCTION BIODIVERSITY (definition) Different variations of living organisms including terrestrial (living on land) , marine and other aquatic ecosystems. Differences within species, between species and ecosystems IMPORTANCE It requires conservation because of its importance for evolution purposes maintaining life-sustaining systems of the planet It provides so called ecosystem services which are crucial for human survival, e.g. food, fresh water, & pollination.

2. INTERNATIONAL ARENA • May 2002 sixth conference of Parties to the Convention on Biological diversity. • Parties agreed on Biodiversity targets • Which aim • At the reduction of the current rate of biodiversity loss at global, regional and national level to contribute to poverty alleviation and to the benefit of all life on earth. • This goal has not been met as there if still an indication of continued decline in biodiversity in all three of its main components • Genes • Species • Ecoystems • This includes • The loss of forests • Continued decline in crop and livestock genetic diversity • Habitat change, overexploitation , pollution, invasive alien species and climate change are five main pressures directly driving biodiversity loss, and these are all either constant or increasing in intensity

3. BIODIVERSITY IN SOUTH AFRICA • INTRODUCTION • South Africa is rich in biodiversity, it ranks as the third most biologically diverse country in the world. • Thus conservation of biodiversity is South Africa is important, not just for this country but globally. • RSA has enacted a number of National Acts dealing specifically with the conservation of biodiversity. • The one which stands out is the National Environmental Management: Biodiversity Act, which is aimed at implementing the Convention on Biological diversity

4. COMMON LAW (not made by parliament or government, unwritten law) • RSA mixed legal system, Roman Dutch and Common law • Relies on Res Nullius of animals “ if an animal escapes, or is not captured and kept with the intention to become owner they are deemed to be Res Nullius”. • Consequences for conservation is that any animal not within physical control of a person is not protected for being hunted or captured by any other person.

5. GAME THEFT ACT 105 OF 1991 • The common law amended so that game farmed game remained property of the person who keeps or holds game • They wont loose ownership of the game if it escapes from enclosed land, kraal or vehicle. • The Act also prohibits any person from entering another persons land who has the intention to steal or luring game away from another person. • It also provides the court with the power to award compensation for theft or malicious damage to game

6. NEM : BIODIVERSITY ACT 10 OF 2004 • Based on the white paper on the Conservation and sustainable use of South Africa’s Biological Diversity • Its objectives are to provide for the management and conservation of South Africa’s Biodiversity through a number of mechanism • Provides for equitable access to resources • Protection of species and ecosystems that require national protection • The sustainable use of indigenous biological resources • The fair and equitable sharing of benefits arising from bio prospecting indigenous biological resources • Act provides for the establishment of South African National Biodiversity Institute (SANBI)

7. Interpretation, objectives and application of the Biodiversity Act • Objectives are to • To give effect to the ratified international agreements relating to biodiversity which bind South Africa • The provision for co-operative governance in biodiversity management and conservation • It puts Biodiversity resources in the trust of the state (public trust doctrine)

8. RSA National Biodiversity Institute • The act also establishes the national biodiversity institute in chapter 2. • Sets out • Its governance structures • Its operating procedures • Details of administration and financial matters • Its powers over national botanical gardens. • Functions also includes the monitoring and reporting on biodiversity matters in south Africa

9. CHARACTERISTIC FEATURES • It has to keep a record of all biodiversity in RSA to ensure that biodiversity resources survive. • Promote research of all kind – must make taxonomy of all SA biodiversity resources • Oversee and overlook benefit sharing when biosphering takes place as well as manage the process

10. Biodiversity planning and monitoring • In chapter 3 of the Act • Responsibility of the minister • Mechanism for man of biodiversity in SA • Min to proclaim biodiversity framework (which covers the whole of SA identifies certain geographical features, topographical and indicates where everything is. • Bioregions must be declared by minister or MEC ( which are identified for specific features in relation to biodiversity and natural resources because biodiversity is living from the natural world) • Bioregional plan is intended to set out measures for the effective management of biodiversity as well as provide for monitoring plans • They must be adopted by organs of state identified in the Act • Plans are specifically for management of bioregions.

11. Biodiversity management plans • Anyone can approach MIN or MEC to establish a protected environment, usually done from the point of view of civil initiative.(involves land owners who identify unique features on there property) • Such initiatives taken by people or state, they are identified as management authority for the specific land, then appointed in terms of an act by means of a notice in Government Gazette , thus they must draw up man plans for area they want to protect • Whole reason for this is to get civil society involved in Biodiversity protection

12. Threatened or protected ecosystems and species • Chapter 4 of the Act • Act provides for the • protection of threated or ecosystems and species • Gives effect to the convention on international trade in endangered species of wild fauna and flora (CITES) • First step • Is identifying them, on the basis of scientific knowledge (Systematic Conservation Planning) • 2nd step • List them on a sliding scale, from highly threated to less threated. • 3rd step • Find out which type of activities are performed in regard to these • Once identified • List them • They can either prohibit some and control other activities • 4th step • Conditionalise them • Either prohibit them • Or allow them subject to conditions .

13. Trade in listed or protected species • Dealt with in part 3 of Chapter 4 • Meant to control and manage the trade of species which are threated or endanger • (Also not only found in terms of a list provisions which fall under this act but also in terms of Conservation of Agriculture Resources Act as well as the system provided for and maintained by the World Conservation Union) • 3 categories of protection which identify the endangered species • Identified according to scientific criteria • Critically endangered • Endangered • Point of extinction • Then intro a system of control • Either prohibit • Impose strict control • Less strict control

14. Species and organisms posing potential threats to biodiversity • Chapter 5 Invasive species • Not indigenous species (coming from outside RSA or indigenous species to be trans located to a place outside natural distribution range in nature.) • Introduced but provide a threat as can destroy everything around them • Alien species do not necessary destroy something around them.

15. System is the same as Chapter 4 • Identify them according to the effect they have on the natural environment • List • Declared • Activity associated with them strictly controlled • S 69 Biodiversity Act imposes a duty of care on a person who carry out permitted activities in respect of alien species in such a way that harm to biodiversity is prevented or minimised. • Duty of care empowers competent authority to take steps to mitigate, rectify and rehabilitate when harm occurs.

16. Genetically modified organisms • Chapter 5, where G.M.O’s released into the Environment or planted and the minister of opinion they pose threat to species or natural enviro will not issue a permit for the release of GMO’s • He can stop the issuing of a permit until an enviro impact assessment has been conducted

17. BIO-PROSPECTING, ACCESS AND BENEFIT-SHARING • Deals with the utilisation and sustainable utilisation of biodiversity resources of various kinds and various resources • Most common is Bio-prospecting for manufacturing and distributing of pharmaceutical products and cosmetic products • Bio prospecting involves local communities and the utilisation of indigenous knowledge systems.

18. Bio-prospecting – biodiversity resources are defined with respect to convention as common resources to man kind, that all countries should have access to biodiversity resources of earth. • Therefore countries must allow scientist of other countries to have access to resources under their national control (which is conditionalised) • Therefore access cannot be refused but can be conditionalised, which means controlled by means of legislation. • Bio-prospecting can only take place with prior consultation of states, consensus and agreement with communities where bio prospecting is going to take place.

19. Permits • Chapter 7 • Sets out the procedure for application, including requirement of independent risk assessment. • The issuing authority is the national minister or other organs of state designated by the minister in terms of s 97

20. Protected Areas

21. The implementation of protected areas is an extension to the concept of protection if biodiversity • IUCN (international Union for Conservation of Nature) • Devised various categories of protected areas , categories 1-6 • Category 1 – pristine environment, wilderness area which are entirely closed, no permanent roads or human settlement's • Category 6 – where there is an interface between recreation protection and education. Most of these areas open to human access and are the least controlled • Protected areas is one of the mechanisms for the protection of biodiversity source

22. IUCN MAKES DISTINCTION BETWEEN IN SITU AND EX SITU CONSERVATION • IN SITU – ideal where biodiversity resources occur • Through protection of biodiversity habitats, biodiversity resources are also protected • In situ means the place where they exist is protected, therefore everything within area protected • EX SITU – highly threated habitat to extent that species are threatened • It involves the recreation of habitats to try to preserve species in there current state in conditions which resemble as closely as possible there natural habitats

23. Objectives of the Act • To provide for a mechanism or means to extend the protection and conservation of biodiversity resources. • To provide for the continued existence of South African National Parks • To promote participation of local communities in the management of protected areas, where appropriate. • NB is Chapter 2 • Provides for a system of protected areas • Egspceial nature reserves, national parks , world heritage sites , marine protected areas • Does not provide or new protected areas but renames certain protected areas which have been protected under previous legislation • Section 9 in CH 2 is pivotal section • Mentions all types of protected areas • Provides for default identification and regulation of protected areas • E.g. marine protect areas • World heritage sites • Special nature reserves, national parks , nature reserves.

24. Declaration of protected areas: chapter 3 • MEC or minister, depending on where they are situated • The minister must set up a list and maintain a list of all protected areas in SA • Declaration of national parks happens on the basis of proclamation of national parks • they are proclaimed and declared as national parks by means of publication in Government Gazzette. • National Parks previously regulated by the National Parks Act which was repealed by the new Protected Areas Act. • Man of national parks assumed and transferred to the national parks board • NPB can identify parks not identified as national parks and proclaim them as national parks.

25. Nature reserves - covered in part 3 • Purpose • Protect the area if it has significant natural features of biodiversity or is of cultural or scientific interest or is in need for long-term protection for the maintenance of biodiversity • To provide natural products and services to meet the needs of local communities • Protected environments – covered in part 4 • Purpose • Enable land owners to take collective action to conserve biodiversity on their land and seek legal recognition thereof • To protect the area if it is sensitive to development due to biological diversity, scientific, cultural value • To ensure that the use of resources in the area is sustainable

26. Chapter 4 management of protect areas • Chapter only applies to special nature reserves, national parks and protected environments • Minister required to assign a management authority for protected areas • He is to submit management plans for approval by relevant authority within twelve months • Part 2 introduction to monitoring and supervision • Allows the minister to set performance indicators which management authorities must meet • If necessary requirements not meet then mandate may be terminated • Part 3 Deals with protected areas • With certain exceptions, special nature reserves are off limits to human access • Access only allowed with written permission of management authority in question

27. Part 4 Deals with prospecting and mining in protected areas • Cannot mine in a special nature reserve, national park or nature reserve without the written permission of the minister and cabinet members responsible for minerals and energy affairs.

28. Chapter 6 Acquisition of rights • The min may acquire rights in land in order to extend the national parks • It can remain a land in private hands, does not have to be state property • It does not have to be a National Park, it can be protected are.

29. Other protected areas • WORLD HERITAGE SITES • World Heritage Convention Act provides for the implementation of the convention in South Africa • There are eight World Heritage Sites in South Africa • Great St Lucia Wetland Park • Robben Island • Cape Floral Region protected Areas • MARINE PROTECTED AREAS • MLRA provides for the declaration of marine protected areas • Purpose of declaration is for the protection of fauna and flora • To allow stock to recover • No one is allowed to fish, pollute and build anything in the areas without permission

30. PROVINCIAL RESERVES • Each province can establish a protected area • Cape province: provincial, local and private nature reserves • Natal: commercial game reserves, game parks, game reserves, national parks, nature reserves. • Orange Free State: provincial nature reserves and private nature reserves • Transvaal: Nature reserves • There is a prohibition of killing, injuring or picking of indigenous plants in these areas • ISLANDS • Islands can also be used sanctuaries and breading stations for sea birds • Its an offence to kill or capture any sea birds or seals on any island or take eggs unless the person is authorised to do so.

31. Conservancies • A conservancy is a group of farms whose owners have combined resources for the improved conservation and well-being of wildlife inhabiting the area • These conservancies have no legal nature conservation status