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 – 1 st 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 3 rd 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Context National Parks Act (1976) outdated No overall framework for biodiversity management and conservation Fragmentation and uneven regulation No minimum standards or performance measures Weak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 provisions Waste 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) Publication and public comments –Nov 02-March 03 Workshops with civil society and government – 1 st 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 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 park Declared 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 t o - 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