National%20Environmental%20Management:%20Protected%20Areas%20Bill%202003

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National Environmental Management Protected
Areas Bill2003
DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM
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Legislation

• National Environmental Management Biodiversity
  Bill
• National Environmental Management Protected
  Areas Bill
• National Environmental Management Act 1st
  Amendment Bill

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Purpose

• National framework for biodiversity management
  and conservation
• Sustainable use of natural resources
• Equitable sharing of benefits
• Recognise international obligations

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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

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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• National Parks Act (1976) outdated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

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Policy framework

• Constitution (1996)
• NEMA (1998)
• White Paper on the conservation and sustainable
  use of SAs biodiversity (1997)
• Bioregional approach to conservation (2002)
• International conventions CBD, CITES, CMS,
  Ramsar, WHC, UNESCO-MaB

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NEMA- framework of principles And cross-cutting
provisions
Waste Bill
Coastal Bill
Air quality Bill
Biodiversity Bill
Protected Areas Bill
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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

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Cooperative governance in conservation
Buffer (protected environment)
National park / NR
Core area (special NR / wilderness)
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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

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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

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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

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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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Chapter 1

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

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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
• Promote sustainable utilization
• Promote community participation

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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

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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 -
• 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

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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 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 (community based natural resource
  management)
• 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
• Prohibition of Mining Activities

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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
• Other tenure Legislation (Lawful occupiers)
• 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 Sections of ECA
• Transitional arrangements for protected areas
• Savings

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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
• 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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• END
• Thank you