National Environmental Management: Protected Areas Bill 2003 DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM
Jan 18, 2016
National Environmental Management: Protected Areas Bill
2003
DEPARTMENT OF ENVIRONMENTAL AFFAIRS
AND TOURISM
Legislation
• National Environmental Management: Biodiversity Bill
• National Environmental Management: Protected Areas Bill
• National Environmental Management Act – 1st Amendment Bill
Purpose
• National framework for biodiversity management and conservation
• Sustainable use of natural resources
• Equitable sharing of benefits
• Recognise international obligations
Context
• South Africa is the 3rd most biodiverse country in the world
• Significant economic potential of natural resources
• Fastest rate of biodiversity loss in human history• Post-apartheid approach:
– Biodiversity as a national asset– Sustainable use and management– Benefit sharing and community participation
Context
• National Parks Act (1976) outdated
• No overall framework for biodiversity management and conservation
• Fragmentation and uneven regulation
• No minimum standards or performance measures
• Weak compliance and enforcement
Policy framework
• Constitution (1996)• NEMA (1998)• White Paper on the conservation and
sustainable use of SA’s biodiversity (1997)• Bioregional approach to conservation
(2002)• International conventions: CBD, CITES,
CMS, Ramsar, WHC, UNESCO-MaB
NEMA- framework of principles
And cross-cutting provisionsWaste Bill
Coastal Bill
Air quality Bill
Biodiversity Bill
Protected Areas Bill
Approach
• Cooperative governance and integration
• Mainstream biodiversity and conservation within existing planning mechanisms
• Create national standards and performance framework
• Use and transform existing institutions
• Rationalise and strengthen legal instruments
Cooperative governance in conservation
Buffer (protected environment)
National park / NR
Core area (special NR / wilderness)
Legislation
• Biodiversity Bill– Creates single national framework for regulation of
biodiversity
• Protected Areas Bill– Creates interlocking system of protected areas
– Regulates national parks
• NEMA amendments– Builds environmental compliance and enforcement
capacity
Process
• Intergovernmental consultation (CEC, MINMEC, Cabinet) - 2001-02
• Publication and public comments – Nov 02-March 03
• Workshops with civil society and government – 1st quarter 2003
• National Assembly
Process
• NEDLAC process – Feb – July 2003
• Special interest groups – SALGA, NGOs, professional associations
• Publication for input into Parliamentary process – May 2003
• Public hearings – August 2003
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)
Chapter 1
• Definitions
• Objectives
• State trustee of protected areas
• Draws the link between Bill and NEMA and the Biodiversity Bill
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
• Promote sustainable utilization
• Promote community participation
Chapter 2 –System of protected areas
• Kinds of protected areas– This Bill (3 types plus wilderness areas)– World Heritage sites– Marine protected areas– Forest protected areas (3 types)– Mountain catchment areas
• Register
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)
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
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
2. National parkDeclared 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.
3. Nature reserve
Declared by the Minister or the MEC in a province to -• 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.Part or whole may be declared a wilderness area
4. Protected environment
Declared by the Minister or the MEC in a province:• to provide a buffer zone from undesirable development adjacent
to 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.
Chapter 4 – Management of PAs
• Appointment of management authorities
• Need to develop a management plan & include role of communities (community based natural resource management)
• Adherence to norms and standards critical
• Access and restrictions
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
Prohibition of Mining Activities
Chapter 5 – South African National Parks
• Continued existence of SanParks
• Provisions for governance of SanParks
Chapter 6
• Land acquisition process
• Recognition of landowner rights
• Restitution Act
• Other tenure Legislation (Lawful occupiers)
• Financing mechanisms
Chapters 7 & 8
• Regulations to be made by Minister and MECs– monitoring compliance with norms and
standards and – enforcing them
• Offences and Penalties
Chapter 9
• Repeals –Sections of ECA
• Transitional arrangements for protected areas
• Savings
Links with other PA legislation
Chapter 2 establishes a system of protected areas in South Africa. It links this bill with:
• World Heritage Convention Act (49 of 1999)
• National Forest Act (84 of 1998)• Mountain Catchment Areas Act (63 of
1970)
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)
END
Thank you