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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL SELECT COMMITTEE ON LAND & ENVIRONMENTAL AFFAIRS

BACKGROUND Marine Issues Fisheries, Marine Protected Areas (environment and fisheries) 1998 MLRA (DEAT) Other protected Areas (environment) 2004 – NEMPA (DEAT) SPLIT FISHERIES & ENVIRONMENT 2009 – Govt. Restructuring 3

PROCLAMATIONS 2009 – Aquaculture 2010 – Fisheries 2013 – Improved Proclamation 4

LEGISLATIVE SPLIT MLRAEnvironmentFisheries 5 Fisheries functions Environmental functions (mpas + species) Governance powers for both functions

NEW LEGISLATION TO IMPLEMENT SPLIT ENVIRONMENT NEMPA AMENDMENTBILL (this Bill) FISHERIES MARINE LIVING RESOURCES ACT AMEDMENT 6 Also an improvement as MLRA did not have environmental management as a key objective

OVERVIEW -AMENDMENTS Incorporate the management of marine protected areas in protected areas regime / management of system of NEMPA other Protected Areas by- Include in definitions Empower Minister to declare and withdraw Provide criteria for declaration and withdrawal Keep existing MPAs alive Allow for regulation of activities Ensure consultation with stakeholders, particularly Fisheries Minister Management Agencies Remove MPA provisions from MLRA 7

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 SECRET8

CL 2-3 Objectives and application of Act Amends objectives in section 2 - include marine waters/ MPAs Section 4 (b) - updates terminology SECRET9

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 SECRET10

Cl 6 – 9 Consequential Consequential amendments to sections 28, 31,34 and 47 –Enabled holistic inclusion of MPAs in the Act SECRET11

Cl – 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 SECRET12

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 SECRET13

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 SECRET14

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 SECRET15

Cl 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 SECRET16

Estuaries Ntafufu estuary IN Pondoland MPA Pondoland MPA

Prince Edward Island MPA

DWESA CWEBE SECRET19

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