secret1. national environmental management: protected areas amendment bill select committee on land...

SECRET 1

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL

SELECT COMMITTEE ON LAND & ENVIRONMENTAL AFFAIRS

BACKGROUND

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PROCLAMATIONS

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LEGISLATIVE SPLIT

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Fish

erie

s fu

nctio

nsE

nvironmental

functions (mpas +

species)

Governance powers for both functions

NEW LEGISLATION TO IMPLEMENT SPLIT

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Also an improvement as MLRA did not have environmental management as a key objective

OVERVIEW -AMENDMENTS

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CLAUSE BY CLAUSE -DEFINTIONS

• Department – update definition

• fish – insert (fishing zones in MPAs)

• marine protected area – update definition

• marine waters – insert – inclusion of MPAs

• national protected areas – update to include MPAs

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CL 2-3 Objectives and application of Act

• Amends objectives in section 2 - include marine waters/ MPAs

• Section 4 (b) - updates terminology

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Cl 4 – 5 savings and power to declare

• 4 - important clause – amends section 14 of the Act to save the existing MPAs declared under the Marine Living Resources Act.

• 5 – insert new s22A & B give the DEA Minister the power to declare MPAs, criteria, process and power of withdrawal

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Cl 6 – 9 Consequential

• Consequential amendments to sections 28, 31,34 and 47 – Enabled holistic inclusion of MPAs in the Act

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Cl 10-11 – management & zonation

• 10(s38) - MPA management may be assigned to a national organ of state (National Park) except the power to zone an MPA – Fishing zones – mandatory consultation with

the Minister of DAFF

• 11(s41) – Ensure that park zoning and MPA zoning do not conflict

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Cl 12 – Exclusion of all mining related activities

• S48 amended to exclude (in addition to mining) exploration, production or related activities from MPAs– Suggested during public comment process

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Cl 13 – restricted activities

• Insertion of new s48A which– lists the restriction on activities within MPAs– requires consultation with Fisheries Minister

before zoning– saves existing zones done under the MLRA

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Cl 14 management authorities and zoning

• S52 – ensure consistency between zonation and park rules and consultation

• MPA zones by Minister prevail over park rule if inconsistent

• Requires publication of all park rules in the gazette

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Cl 15-16 repeal and savings

• 15 –s90 – section dealing with MPAs (S43) of the MLRA repealed

• 16 – s91saves MPA regulations, permissions etc. made in terms of the MLRA

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Estuaries

Ntafufu estuary IN Pondoland MPA

Pondoland MPA

Prince Edward Island MPA

DWESA CWEBE

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THANK YOU

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