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• National Parks Act (1976) outdated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