National Environmental Management: Protected Areas Bill 2003

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National Environmental Management Protected
Areas Bill2003
DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM
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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• National Parks Act, of 1976 outdated in many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

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

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

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Policy approach

• Implementation of the White Paper on the
  Conservation and Sustainable use of South
  Africas 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

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Chapter 1

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

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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

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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)

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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

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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

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2. National park

• Declared by the Minister
• to protect -
• (i) areas of national or international
  biodiversity significance
• (ii) a viable, representative sample of South
  Africas 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.

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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.

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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.

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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

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Chapter 4 - continued

• Under performance by management authority
• Written notification
• Time restricted directions
• Failure to take required steps
• Termination of management authoritys mandate
• Assignment to another organ of state

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Chapter 5 South African National Parks

• Continued existence of SanParks
• Provisions for governance of SanParks

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Chapter 6

• Land acquisition process
• Recognition of landowner rights
• Restitution Act
• Financing mechanisms

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Chapters 7 8

• Regulations to be made by Minister and MECs
• monitoring compliance with norms and standards
  and
• enforcing them
• Offences and Penalties

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Chapter 9

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

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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

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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 SAs
  biodiversity
• Provide for a representative network of protected
  areas
• Provide for the continued existence of South
  African National Parks

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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

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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) ???

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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)

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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)

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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

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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

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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

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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)

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• END
• Thank you