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National Environmental Management: Protected Areas Bill 2003

National Environmental Management: Protected Areas Bill 2003. DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM. CONTEXT. No single framework for the declaration and management of protected areas where roles and responsibilities are clearly spelt out

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National Environmental Management: Protected Areas Bill 2003

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  1. National Environmental Management: Protected Areas Bill2003 DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

  2. CONTEXT • No single framework for the declaration and management of protected areas where roles and responsibilities are clearly spelt out • National Parks Act, of 1976 outdated in many respects; • Protected areas legislation not in line with NEMA • Community participation and benefits not clearly defined in legislation

  3. SOUTH AFRICA HAS • 403 Protected Areas • 6 638 658 ha • 5,44% land area 22 of these areas are National parks (representing 53% of the total area)

  4. The protected area estate is inadequate when shown as a representative sample of South Africa’s seven biomes Biomes %protected Savanna 10,1 Grassland 2,5 Fynbos Thicket 4,5 Forest 17,9 Nama-karoo 0,5 Succulent 2,8

  5. In South Africa there are • 3 national management agencies for protected areas (SANParks, MCM, DWAF) • 10 provincial protected area management agencies (of which 5 are statutory bodies (KZN, Limpopo, Mpumalanga, North West, Western Cape)

  6. Protected areas in South Africa: percentage area by legislation (excluding marine reserves)

  7. Development of this bill • Environment Conservation Act (1989) • National Environmental Management Act • NEMA amendments (chapter on biodiversity) • Biodiversity Bill (chapters on protected areas) • Protected areas bill (as part of a suite of legislation under NEMA, incorporating the National Parks Act and sections of ECA)

  8. Policy approach • Implementation of the White Paper on the Conservation and Sustainable use of South Africa’s Biological Diversity • Part of a suite of legislation under the National Environmental Management Act (NEMA) • Constitution • National Parks remain a national competency • Nature conservation is a concurrent competency • Cooperative governance • Minister responsible for national protected areas • MEC responsible for provincial protected areas

  9. Chapter 1 • Definitions • Objectives • State trustee of protected areas • Draws the link between Bill and NEMA and the Biodiversity Bill

  10. Chapter 2 –System of protected areas • Kinds of protected areas • This Bill (4 types) • World Heritage sites • Marine protected areas • Forest protected areas (3 types) • Mountain catchment areas • Register

  11. Chapter 2 – continued Norms and standards – the Minister may • Issue norms and standards • Set indicators to measure compliance • Require reporting on these indicators (Done after consultation)

  12. Chapter 3 –Declaration of protected areas • Purposes of protected areas • Declaration by Minister, MECs, depending on type • consultative process • 4 types of protected areas in terms of this Bill

  13. 1. Special nature reserve Declared by the Minister: • To protect highly sensitive, outstanding ecosystems, species, geological or physiological features; and • To be made primarily available for scientific research or environmental monitoring

  14. 2. National park Declared by the Minister: • to protect - (i) areas of national or international biodiversity significance; (ii) a viable, representative sample of South Africa’s natural systems and scenic areas; or (iii) the ecological integrity of one or more ecosystems; • to exclude exploitation or occupation inconsistent with such protection; and • to provide a foundation for spiritual, scientific, educational, recreational and tourism opportunities which are environmentally compatible.

  15. 3. Nature reserve Declared by the Minister or the MEC in a province to - • supplement the system of national parks in South Africa; • protect areas with significant natural features, species, habitats or biotic communities; • protect a particular site of scientific, cultural, historical or archaeological interest; • provide for its long term protection and the maintenance of its biodiversity; • provide for a sustainable flow of natural products and services to meet community needs; • enable a variety of traditional consumptive uses; or • provide for nature based recreation and tourism opportunities.

  16. 4. Protected environment Declared by the Minister or the MEC in a province: • to provide a buffer zone from undesirable development adjacent to national parks or nature reserves; • to protect ecosystems needing protection outside of national parks and nature reserves; • to protect areas which are sensitive to development due to either (i) their natural characteristics; or (ii) aesthetic reasons; or • to freeze land use in an area to be included into a national park or nature reserve.

  17. Chapter 4 – Management of PAs • Appointment of management authorities • Need to develop a management plan & include role of communities • Adherence to norms and standards critical • Access and restrictions

  18. Chapter 4 - continued Under performance by management authority • Written notification • Time restricted directions Failure to take required steps • Termination of management authority’s mandate • Assignment to another organ of state

  19. Chapter 5 – South African National Parks • Continued existence of SanParks • Provisions for governance of SanParks

  20. Chapter 6 • Land acquisition process • Recognition of landowner rights • Restitution Act • Financing mechanisms

  21. Chapters 7 & 8 • Regulations to be made by Minister and MECs • monitoring compliance with norms and standards and • enforcing them • Offences and Penalties

  22. Chapter 9 • Repeals – National Parks Act, Lake Development Act and Sections of ECA • Transitional arrangements for protected areas • Savings (schedule of national parks)

  23. Key issues addressed as a result of public consultation • Objectives of the Bill • Rearrangement of the Bill • Roles of municipalities vs provinces • Linking all protected area legislation • Withdrawal procedure for nature reserves • Declaration of wilderness areas • Consultation process • Public participation • SANParks issues

  24. Objectives of the Protected areas bill • Provide for declaration and management of protected areas in SA • Provide for cooperative governance in the declaration and management of protected areas • Effect a national system of protected areas as part of a strategy to manage and conserve SA’s biodiversity • Provide for a representative network of protected areas • Provide for the continued existence of South African National Parks

  25. Rearrangement of the Bill Chap 1 -Introductory chapter – Chap 1 Chap 2 - System of protected areas- Chap 3 Chap 3 - Declaration of protected areas- Chap 3 Chap 4 - Management of protected areas- Chap 4 Chap 5 - South African National Parks – Chap 2 Chap 6 - Acquisition of rights in or to land – Chap 5 Chap 7 - Administration of the Act- Chap 6 Chap 8 - Offences and Penalties- Chap 7 Chap 9 - Miscellaneous – Chap 8

  26. Municipalities Removed from the Bill because: • Concurrency of nature conservation restricted to national and provincial levels • Unfunded mandate • Municipalities still declare protected areas (prudent to provide an enabling framework) ???

  27. Links with other PA legislation Chapter 2 establishes a system of protected areas in South Africa. It links this bill with: • Marine Living Resources Act (18 of 1998) • World Heritage Convention Act (49 of 1999) • National Forest Act (84 of 1998) • Mountain Catchment Areas Act (63 of 1970)

  28. Withdrawal of nature reserves Process of withdrawal of nature reserves (S-24) more stringent, ensures: • Consultation with stakeholders • Checks and balances before withdrawal (Parliament and legislatures)

  29. Wilderness areas • Minister may declare wilderness areas within national parks (S 22) or nature reserves (S 26) • Wilderness areas at present in terms of NFA • Successful lobbying by DWAF, SANParks, provinces and Wilderness Action Group

  30. Consultation process S 34 enables the Minister to declare state land a: • Special nature reserve or National park – • concurrence Cab member, trustee / after consultation MEC • Nature reserve or Protected environment – • concurrence of Cab member / MEC / trustee

  31. Public participation ? • S 39 – preparation of management plans • S 41 – management plans • S 42 – co-management of protected areas • S 50 – commercial and community activities in national parks, nature reserves and world heritage sites

  32. SANParks ? • National competency (Constitution) • Board accountable (NFMA) (S 74) • Can manage protected areas other than national parks (S 55) • Other management agencies can manage national parks (S 38) • Minister appoints management agencies (S 38)

  33. END Thank you

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