Umbabat Private Game Reserve Regularisation in terms of the National Environmental Management: Protected Areas Act

OUTLINE OF PRESENTATION Overview of the GEF Protected Area Programme. The purpose of regularisation in terms of the Protected Areas Act. The proclamation status of Umbabat Private Nature Reserve. Overview of the risk assessment of Umbabat Private Nature Reserve. Benefits and risks of compliance and non-compliance with the Protected Areas Act. Overview of the process required to regularise Umbabat Private Nature Reserve in terms of the Protected Areas Act.

THE GLOBAL ENVIRONMENTAL FACILITY (GEF) PROTECTED AREA PROGRAMME The Lowveld Protected Area Group seeks to improve consistency and cooperation in the management of the Greater Kruger Area- Coordinated ecological and biodiversity conservation management, as part of a large open natural system. Cooperative security and law enforcement through the Greater Kruger Environment Protection Forum (GKEPF). Enabling commercial development and economic returns through nature- based tourism and sustainable resource use, including hunting. Provision of joint socio-economic benefits and community-beneficiation to communities living in the regions surrounding the Greater Kruger Area. Regularisation in terms of the National Environmental Management: Protected Areas Act, No.57 of 2003.

REGULARISATION IN TERMS OF THE PROTECTED AREAS ACT The purpose of regularisation in terms of the Protected Areas Act- Compliance with the Act, its regulations, and norms and standards. Legally securing the land use within the Greater Kruger Area for biodiversity conservation. Ensuring appropriate governance and institutional arrangements in the management of the Greater Kruger Area. Ensuring consistency in ecological management, development and sustainable resource use within the Greater Kruger Area. Enabling benefits provided through the Municipal Property Rates Act and Income Tax Act to landowners.

REQUIREMENTS FOR NATURE RESERVES Protected Areas Act- Section 17 – sets out the purpose of a protected area, which includes provision for the sustainable use of natural and biological resources (which includes hunting). Section 23 – the Minister or MEC may by notice in the Gazette, declare a nature reserve or an addition to a nature reserve and assign it a name. Section 23(2) stipulates the conditions under which a nature reserve may be declared, which relate primarily to its ecological value. Section 23(3) – a nature reserve may be declared in respect of private land if the owner has consented by way of a written agreement with the Minister or MEC. Section 35(3) – the terms of any written agreement entered into between the MEC and the owner of private land are binding on successors in title of the owner and as such, must be recorded in a notarial deed and registered against the title deeds of the property. Section 38(2)(a) – the MEC must assign the management of a nature reserve to a suitable entity.

PROVISIONS FOR THE MANAGEMENT OF NATURE RESERVES Protected Areas Act- Section 39(1) – the management authority, assigned to manage a protected area, must within 12 months submit a management plan to the Minister or MEC for approval. Section 41(1) – the purpose of a management plan is to ensure the protection, conservation and management of the PA in a manner that is consistent with the objectives of the Act and the purpose for which it was declared. Section 41(2) – sets out the requirements for the contents of a management plan, which include: A coordinated policy framework. Such planning measures, controls and performance criteria as may be prescribed. A programme for the implementation of the plan and its costing. A zoning of the areas indicating what activities may take place in different sections. Section 50 sets out the requirements for commercial activities that the management authority may, subject to a management plan, carry out: Commercial activities and activities aimed at raising revenue (s.50(1)). May not negatively affect the survival of a species or or significantly disrupt the integrity of ecoogical systems of the PA (s.50(2)). The management authority must establish systems to monitor the impact of commercial or revenue raising activities.

THE POWERS, FUNCTIONS AND DUTIES OF THE MANAGEMENT AUTHORITY Protected Areas Act- Section 40 – the management authority must manage the area for the purpose for which it was declared and in accordance with its management plan and relevant legislation. Section 49(d) – Activities in protected areas are regulated or restricted by internal rules made by the management authority in terms of Section 52. Section 52 – the management authority may make rules for the administration of the protected area. Such rules: Must be consistent with the Act and the management plan. Bind all persons in the area, including visitors. Must be published in the government gazette. Regulations for the Proper Administration of Nature Reserves: Clause 15 requires the management authority to monitor and report annually, before the end of June each year, on implementation of the management plan. Norms and Standards for the Management of Protected Areas: Clause 24 requires management authorities to report to the MEC by the end of May each year on their progress towards meeting and maintaining the norms and standards.

MANAGEMENT WITHIN THE OPEN SYSTEM OF THE GREATER KRUGER AREA The Management Authority has autonomy and power to manage their protected area in accordance with their management plan and the Act, but consideration must be given to common issues within the open system of the Greater Kruger Area. Similarly, the management plan must consider common ecological and other management issues and should be developed within a framework management plan for the Greater Kruger Area. The establishment of cooperative agreements between reserves within the open system is paramount and must address: Land use, in particular protected area status. Ecological and ecosystem management at a landscape scale. Socio-economic benefits, including community beneficiation and auditing and oversight of commercial activities including tourism and hunting. Governance, addressing the organisational structure of the management authority and other structures such as joint management committees. Safety and security, including asset protection, combatting of wildlife crime, environmental crime investigation, disaster risk management, tourism safety and fire safety. Requirements for further additions of land to the open system, which should comply with the issues set out above.

PROCLAMATION STATUS OF UMBABAT Umbabat Private Nature Reserve was proclaimed in terms of provincial legislation in 1969 and 1991. There are several un- proclaimed portions of Umbabat. In terms of Sections 12 and 23(5) of the Protected Areas Act – the proclaimed areas have the same status as a nature reserve proclaimed in terms of Section 23 of the Act.

RISK ASSESSMENT OF UMBABAT A risk assessment undertaken of Umbabat through the GEF Protected Area Programme found- Umbabat is partially proclaimed as a nature reserve. The Umbabat Private Nature Reserve Association and Constitution is confusingly established and may not be legally valid, and does not satisfactorily address the need for protected area status of the reserve or adherence with the Protected Areas Act, its regulations and norms and standards. Umbabat does not meet key provisions of the Protected Areas Act including: There is no written agreement between the landowners and the MEC, endorsed on the properties’ title deeds. There is no management authority for the nature reserve, formally assigned by the MEC. There is no management plan for the nature reserve, submitted by the management authority and approved by the MEC. Non-compliance with the Protected Areas Act raises the risk of the proclaimed sections of the nature reserve being de-proclaimed. No formal cooperative agreement exists between Umbabat and other entities within the Greater Kruger Area, which inhibits cooperative management and the ability to address common issues like ecological management, security and hunting.

ADVANTAGES OF COMPLIANCE WITH THE PROTECTED AREAS ACT Compliance with the Protected Areas Act provides the following advantages- Securing the biodiversity conservation land use and the activities that landowners currently undertake on their properties. The ability to clearly define the purpose of Umbabat Private Nature Reserve, including explicitly including provisions around sustainable nature resource use, in particular hunting. The ability to protect, develop and manage Umbabat through a legitimately appointed management authority (it is anticipated that this would be the Umbabat Exco). The development of a management plan that clearly defines and supports biodiversity conservation and legitimate commercial uses within Umbabat. The ability to address issues and engage with government as part of the collective of the Greater Kruger Area, including: Obtaining a consistent, fair approach in addressing municipal property rates. Collaborative and collective efforts in ensuring security and undertaking law enforcement within the Greater Kruger Area. Ensuring a consistent and equitable approach to hunting as a legitimate and accepted commercial activity within the Greater Kruger Area. Undertaking collaborative efforts to address joint socio-economic benefits and beneficiation of local communities surrounding the Greater Kruger Area.

PATTERN PROCESS ENVIRONMENTAL BENEFITS OF THE GREATER KRUGER AREA Securing key habitats / vegetation types. Securing threatened species. Improved management of the natural environment. Providing a landscape of secure representative areas that allow species and habitats to remain ecologically viable. Adaptation to climate change – allowing species to adapt. PATTERN PROCESS

SUMMARY OF BENEFITS TO LANDOWNERS Legal Securing of existing biodiversity conservation land use and activities in Umbabat. Financial: Property rates exemptions. National treasury / fiscal benefits. Ability to leverage capital finance for biodiversity-based projects. Non-financial: Assistance in protected area planning and management. Advice, support, expertise and technical assistance from SANParks and other partners. Training – providing the skills for conservation managers / field rangers. Marketing as part of the Greater Kruger Area. Cooperation and support amongst reserves within the Greater Kruger Area. Potentially focal areas for NRM Programmes (e.g. for invasive alien plant control).

FINANCIAL AND FISCAL BENEFITS Property rates exemption: Section 17(1)(e) of the Municipal Property Rates Act. Rates exemption for those parts of a nature reserve not used for commercial, business, agricultural or residential purposes. Fiscal incentives: Section 37D allows 4% of the value of the land declared as a nature reserve to be deducted from a landowner’s taxable income each year for 25 years. Value of the proclaimed is based on the higher of it municipal or market value, or the value based on a prescribed formula.

IMPLICATIONS OF NON-COMPLIANCE Non-compliance with the Protected Areas Act raises the following key risks- A lack of legal security for the biodiversity conservation land use for areas that are un- proclaimed or under threat of de-proclamation (e.g. it is not possible to prospect or mine in a nature reserve in terms of Section 48 of the Act). A lack of cooperation and coordination in ecological management, security and law enforcement, and development within the Greater Kruger Area. An inability to obtain permits for hunting as part of the open system of the Greater Kruger Area: Areas that do not comply with the Protected Areas Act cannot obtain permits for hunting of wildlife that is considered res nullius within the Greater Kruger Area. Areas that are not proclaimed or that have been de-proclaimed would have to be fenced out of the Greater Kruger Area and obtain Certificates of Adequate Enclosure before they would be eligible to obtain permits for hunting. Disqualification for benefits available in terms of the Income Tax Act and the Municipal Property Rates Act, which means that these areas may be subject to agricultural or commercial property rates.

PROCESS FOR THE REGULARISATION OF UMBABAT Identification of an appropriate legal entity to be assigned as the management authority Development of a draft management plan Development of legal agreements Resolution by the landowners and delegation of power of attorney PROCESS FOR THE REGULARISATION OF UMBABAT Consideration should be given to revision of the Umbabat constitution Preparation of the written agreement with the MEC Finalisation of the draft management plan Exco Chairman signs written agreement Submission of documentation to MTPA Submit to the MEC Public participation process – “intention to declare notice” MEC approval Proclamation and re-publication of NR – gazette notice

PROCLAMATION PROCESS FOR UMBABAT The following is recommended- The declaration of all outstanding areas as part of Umbabat Private Nature Reserve. Re-publishing the declaration of all proclaimed areas in terms of Section 23 of the Protected Areas Act, which will address: Discrepancies related to the boundaries of the nature reserve. Addressing issues related to lost documentation for earlier proclamations. Ensuring uniformity in the legal status of the entire reserve. Adoption of written agreements, which requires: A resolution in the case in which property is owned by a trust or company, including delegating an individual with the authority to sign a power of attorney empowering a single representative of the reserve to sign the agreement with the MEC. Preparation of a single written agreement between Umbabat and the MEC, written in the form of a notarial deed agreement, which can be endorsed on each property’s title deeds. Submission of the agreement to the MEC to enable the declaration of the nature reserve.

ASSIGNMENT OF THE MANAGEMENT AUTHORITY The following is recommended- That the Exco of the Umbabat Private Nature Reserve Association be appointed as the reserve’s management authority: Consideration should be given to the revision of the Umbabat constitution to enable this and the adoption of the revised constitution by all members. A resolution by the Umbabat Exco consenting to its assignment as the management authority of the Umbabat Private Nature Reserve. Within 12 months of its assignment as the management authority, it must submit a draft management plan to the MEC, the following is recommended: That the draft management plan be developed in parallel with other processes, using the APNR management plan and the framework management plan that is being developed for the Greater Kruger Area as guiding documents. This will enable the public consultation process, required for the draft management plan, to be undertaken as part of the public consultation process required for the declaration of the nature reserve.

SUPPORTING ROLE OF THE GEF PA PROGRAMME In undertaking the process of regularisation in terms of the Protected Areas Act, the GEF PA Programme will provide the following support- Guidance and facilitation in the preparation of the resolutions, powers of attorney and written agreement between Umbabat and the MEC. Facilitation and support of the process within LEDET and the MEC’s office. Preparation of a motivating proposal for the declaration of the Umbabat Private Nature Reserve, in accordance with the Guidelines for the Declaration of Protected Area. Preparation of a draft notice of intention to declare and republish the Umbabat Private Nature Reserve to be published in the government gazette and advertisements in two national newspapers. Preparation of draft letters to relevant government departments, local and district municipalities required as part of the public consultation process. Preparation of draft letters to be submitted to neighbours and other surrounding landowners as part of the public consultation process. Preparation of a draft declaration notice to be published in the government gazette following completion of the public notice period.

WAY FORWARD The following immediate steps are required to progress with the process of regularisation in terms of the Protected Areas Act- The draft MOU/Charter that has been developed between the Kruger-to-Canyons and the reserves of the Greater Kruger Area must be finalised and signed: This will enable assistance to be provided through the GEF PA Programme. A resolution at the AGM to proceed with the declaration of Timbavati as a nature reserve. Completion of landowner resolutions and other legal documents required for the declaration process. The respective roles of the reserves and GEF PA Programme are identified in the addendum to the draft Charter Agreement. In addition to regularisation through the Protected Areas Act, the GEF PA Programme will be provide assistance with issues related to municipal property rates and other relevant legislation such as SPLUMA. Ultimately a Cooperative Agreement will be developed for all reserves within the open system of the Greater Kruger Area with the intention of enabling cooperation and collaboration around common issues of concern.

For more information, contact: Greg Martindale 082 804 4412 greg@conservation-outcomes.org