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5. LEGISLATION AND MANAGEMENT ISSUES
5.1 The main threats and opportunities to be considered
There are a number of factors that threaten the future health of the Uilkraals Estuary and
hence its biodiversity and capacity to deliver ecosystem services. The main threats to the
system or areas of potential conflict are as follows:
1. Water quantity and quality
a. reduction in freshwater inflows due to water storage in the catchment
(Kraaibosch Dam), and a continuing increase in the demand for water
b. increasing nutrient enrichment due to agriculture in the catchment
c. Loss of important habitat area such as saltmarsh through inundation caused
by increasing water levels in the estuary as the mouth remains closed.
2. Exploitation of living resources
a. potential for future overexploitation by recreational fishers
3. Land-use and associated disturbance
a. potential for residential/resort development around the estuary leading to
change in sense of place and existence value, increased human disturbance
of biota, and damage or loss of estuarine habitat
In addition to meeting the existing legislation governing the above activities, opportunities to
protect the health and value of the system over the medium to long term include:
1. The establishment of terrestrial and estuarine protected areas, and
2. Implementation of rehabilitation measures.
All of the above issues are discussed below in the context of the prevailing policies and
legislation.
5.2 General policy and legislative background
This section provides an overview of legislation and policy applicable to management of
estuaries in South Africa and specifically to the Uilkraals Estuary. More details on the
legislative framework for estuary management including international and regional treaties
and obligations, national policies and laws, and provincial and local policies and legislation is
provided in Taljaard (2007).
The South African Constitution is the supreme law of the land, and provides the legal
framework for legislation regulating environmental management in general. Section 24 of the
Constitution states that:
"Everyone has the right:
Uilkraals Estuary Situation Assessment
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