National Environmental Management: Protected Areas Bill 2003 DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

CONTEXT No single framework for the declaration and management of protected areas where roles and responsibilities are clearly spelt out National Parks Act, of 1976 outdated in many respects; Protected areas legislation not in line with NEMA Community participation and benefits not clearly defined in legislation

SOUTH AFRICA HAS 403 Protected Areas ha 5,44% land area 22 of these areas are National parks (representing 53% of the total area)

The protected area estate is inadequate when shown as a representative sample of South Africa’s seven biomes Biomes %protected Savanna 10,1 Grassland 2,5 Fynbos Thicket 4,5 Forest 17,9 Nama-karoo 0,5 Succulent 2,8

In South Africa there are 3 national management agencies for protected areas (SANParks, MCM, DWAF) 10 provincial protected area management agencies (of which 5 are statutory bodies (KZN, Limpopo, Mpumalanga, North West, Western Cape)

Protected areas in South Africa: percentage area by legislation (excluding marine reserves)

Development of this bill Environment Conservation Act (1989) National Environmental Management Act NEMA amendments (chapter on biodiversity) Biodiversity Bill (chapters on protected areas) Protected areas bill (as part of a suite of legislation under NEMA, incorporating the National Parks Act and sections of ECA)

Policy approach Implementation of the White Paper on the Conservation and Sustainable use of South Africa’s Biological Diversity Part of a suite of legislation under the National Environmental Management Act (NEMA) Constitution –National Parks remain a national competency –Nature conservation is a concurrent competency –Cooperative governance Minister responsible for national protected areas MEC responsible for provincial protected areas

Chapter 1 Definitions Objectives State trustee of protected areas Draws the link between Bill and NEMA and the Biodiversity Bill

Chapter 2 –System of protected areas Kinds of protected areas –This Bill (4 types) –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 - supplement the system of national parks in South Africa; 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.

4. Protected environment Declared by the Minister or the MEC in a province: to provide a buffer zone from undesirable development adjacent to national parks or 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 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

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 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 – National Parks Act, Lake Development Act and Sections of ECA Transitional arrangements for protected areas Savings (schedule of national parks)

Key issues addressed as a result of public consultation Objectives of the Bill Rearrangement of the Bill Roles of municipalities vs provinces Linking all protected area legislation Withdrawal procedure for nature reserves Declaration of wilderness areas Consultation process Public participation SANParks issues

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 Provide for the continued existence of South African National Parks

Rearrangement of the Bill Chap 1 -Introductory chapter – Chap 1 Chap 2 - System of protected areas- Chap 3 Chap 3 - Declaration of protected areas- Chap 3 Chap 4 - Management of protected areas- Chap 4 Chap 5 - South African National Parks – Chap 2 Chap 6 - Acquisition of rights in or to land – Chap 5 Chap 7 - Administration of the Act- Chap 6 Chap 8 - Offences and Penalties- Chap 7 Chap 9 - Miscellaneous – Chap 8

Municipalities Removed from the Bill because: Concurrency of nature conservation restricted to national and provincial levels Unfunded mandate Municipalities still declare protected areas (prudent to provide an enabling framework) ???

Links with other PA legislation Chapter 2 establishes a system of protected areas in South Africa. It links this bill with: Marine Living Resources Act (18 of 1998) 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)

Wilderness areas Minister may declare wilderness areas within national parks (S 22) or nature reserves (S 26) Wilderness areas at present in terms of NFA Successful lobbying by DWAF, SANParks, provinces and Wilderness Action Group

Consultation process S 34 enables the Minister to declare state land a: Special nature reserve or National park – –concurrence Cab member, trustee / after consultation MEC Nature reserve or Protected environment – –concurrence of Cab member / MEC / trustee

Public participation ? S 39 – preparation of management plans S 41 – management plans S 42 – co-management of protected areas S 50 – commercial and community activities in national parks, nature reserves and world heritage sites

SANParks ? National competency (Constitution) Board accountable (NFMA) (S 74) Can manage protected areas other than national parks (S 55) Other management agencies can manage national parks (S 38) Minister appoints management agencies (S 38)

END Thank you