Mpumalanga Biodiversity Conservation Plan Handbook - bgis-sanbi

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For summaries of the more important national legislation relating to land-use planning and environmental regulation, see Appendix 1, Environmental Legislation. A more comprehensive list with discussion of these laws is available in DEAT (2005). NEMA is central to South Africa’s new approach to managing difficult environmental issues. This is an enabling or framework Act that sets out the overarching principles that guide the formulation of subsequent laws and regulations. NEMA lists nearly thirty principles, intended to define the relationship the law seeks to establish between people and their environment. Much shortened, these principles include: The need to balance environmental rights with socio-economic rights; Placing people and their needs at the forefront of concern; Development must be sustainable, environmentally and socioeconomically; Negative impacts, e.g. pollution, waste etc., to be avoided, minimised or remedied; The ‘polluter pays’ principle applies to environmental impacts and their costs; Environmental management needs to be integrated and participatory; Environmental justice and equitability must be observed; People should be informed and empowered by environmental information; Conflicts of interest must be resolved by negotiation; Sensitive ecosystems, such as wetlands, require special measures; (See also Appendix 1 for NEMA’s relevance to development planning). PROVINCIAL LEGISLATION Provincial legislation relevant to biodiversity conservation is comprised of two Provincial Acts, the Mpumalanga Nature Conservation Act (Act 10 of 1998) and the Mpumalanga Tourism and Parks Agency Act (Act 5 of 2005). The first sets out how wild species are to be managed in terms of human use, such as collecting, fishing, hunting, capture, transport and trade. It deals with rare and endangered species and the powers needed to protect them, and the protection of sensitive natural sites from damage and exploitation. The second and most recent Act has created the Mpumalanga Tourism and Parks Agency (MTPA) in 2006, with a specific mandate to ‘Promote and sustainably manage tourism and nature conservation and provide for the sustainable use of natural resources.’ In pursuing its objectives, the MTPA is required to: Conserve and manage biodiversity and ecosystems; Develop and manage protected areas; Promote, develop and market tourism; Create growth and transformation within the industry, and thereby economic and employment opportunities for disadvantaged people. In all that it does, the MTPA is required to liaise and consult with all relevant stakeholders including, M P U M A L A N G A CHAPTER 2 - POLICY & LEGISLATION Knysna Toraco Tauraco corythaix Although South Africa has very little indigenous forest, covering only 0.56% of its land area and only 0.46% of Mpumalanga, the forest is home to a disproportionately high share of biodiversity. In recent years the few patches of indigenous forest we have, have been subjected to clearance, encroachment by plantations, invasion by alien species, cutting of timber for fuel and construction and destruction of trees resulting from the collection of bark used Biodiversity Owners of existing or potential tourist attractions; Owners of natural resources who may benefit from their use. for traditional medicines. CONSERVATION PLAN HANDBOOK 7 POLICY & LEGISLATION
MPUMALANGA BIODIVERSITY CONSERVATION PLAN HANDBOOK The MTPA’s specific powers and functions include: 8 1. Protecting and managing natural resources, ecosystems and biodiversity and carrying out the necessary research and other scientific activities; 2. Administering the Mpumalanga Nature Conservation Act, 1998, and any other conservation law, so as to: OPPORTUNITIES PRESENTED BY THE MUNICIPAL PROPERTY RATES ACT (6 OF 2004) In addition to the obvious tourism value of biodiversity, it makes economic sense for municipalities to manage their biodiversity sustainably. For example: protecting catchment areas will cost less in the long-term than treating polluted drinking water; retaining natural vegetation buffers along rivers and wetlands will cost less than repairing the damage after flooding. Opportunities exist for municipalities to encourage more sustainable forms of land management through their rates policies. The lost municipal revenue from such ‘forfeited’ rates are a) likely to be smaller than the long-term financial benefits, and b) may, in future, be recoverable from other sources of environmental support. Municipalities have several opportunities to encourage sound biodiversity management by including in their rates policies: Judicious exemptions for properties with threatened ecosystems (per MBCP Handbook); Rebates for property owners that invest in sound land management activities, such as regular clearing of invasive alien plants; Penalties for properties not complying with environmental directives; Allowing the property rates system to reflect reduced property values if the land has legally binding conservation restrictions. i. determine and enforce limits to sustainable use of natural resources; ii. design and implement management and harvesting strategies and techniques; iii. ensure the protection and survival of rare and endangered species; iv. manage and control the numbers and spread of invasive alien species, as well as the numbers, spread and activities of problem animals; v. establish and develop a representative network of Protected Areas and manage the use of such areas sustainably; vi. ensure that natural ecosystems, biodiversity and ecological functions and processes are maintained. 3. Cooperating with responsible state agencies in order to: i. contribute to land use planning and the evaluation of development proposals; ii. formulate and implement ecotourism and outdoor recreation policies, strategies and programmes, in so far as they relate to conservation; iii. promote environmental education and public awareness of conservation; iv. provide information and extension services to the public in respect of all conservation issues and their legal aspects; v. advance scientific knowledge of conservation and technology transfer. 4. Specifically, the MTPA shall: i. report annually to the MEC on the most appropriate legal and administrative mechanisms to conserve natural resources; ii. at the request of the MEC, enquire into any matter relating to conservation; iii. promote, plan, finance or assist the carrying out of any conservation project. Formal protected areas, whether state or privately owned, are automatically eligible for rates exclusion in terms of the Municipal Property Rates Act. Either a portion or the entire property may be declared a formal protected area.
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Mpumalanga Biodiversity Conservation Plan Handbook - bgis-sanbi

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