Full report LR.pdf - DLIST Benguela

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NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone Managementempowered to decentralise any function determined by him or her to any regional councilor local authority council and this would include functions relevant to the coastal area.Considerable progress has been made by the decentralisation process – notably theappointment of managerial staff in Regional Councils. However, the process is hinderedby, inter alia, the delay in submission of ministerial action plans by the relevant lineministries.The mechanics of the decentralisation process are comprehensively set out in TheDecentralisation Implementation Plan: Support to Decentralisation Process in Namibia(Ministry of Regional and Local Government and Housing). It describes five maindecentralisation principles as: Political decentralisation, financial decentralisation,administrative decentralisation, changed central-local relations and functionaldecentralisation. It sets out the steps in preparation of devolution and assignsresponsibilities for the execution thereof. For more detail on the progress of thedecentralisation process prefer to the Report “Institutional Strengthening and CapacityBuilding for Conservation and Management of the Namib Coast”.The interaction between key line ministry staff such as MET and Regional Council staffneed to be clarified, both on how they will work together to integrate environmentalconcerns into the RDPs in the immediate term and intermediate terms and whatpermanent arrangements should be put in place for the futureObservation:The decentralisation initiative which is underway has great potential to further the aimsand objectives of the NACOMA project in that it will enable Regional Councils to play amore proactive role in developing and implementing coastal plans in their respectiveareas, as well as address and incorporate coastal zone issues and planning in the RDPs.The challenge is to identify synergies to effect the integration of these complementaryvehicles.26
NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone Management6. Conclusions6.1 While Namibia has a comprehensive set of environmental laws on the StatuteBook, or in the course of preparation, which is applicable to the entirecountry, there is no comprehensive, coherent or dedicated coastal legislationor national coastal area policy document. The Sea Shore Ordinance,Ordinance 37 of 1958 is outdated and totally inadequate to address the needsand requirements to achieve the modern day notion of integrated coastal areamanagement. More specifically the Ordinance does not conform to modernday needs, trends and general understanding of what is required or involved incoastal area management, in particular ecological and social dimensions ofintegrated coastal zone management.6.2 There is no dedicated and community owned coastal policy for Namibiawhich should underpin future legislative developments as regards coastal areamanagement.6.3 From a planning law perspective coastal area legislation in Namibia ischaracterised by divided and uncoordinated control both vertically andhorizontally, (“horizontally” being between line Ministries at national level;and “vertically” being between national Ministries and lower tiers ofgovernment, in particular Regional Councils and Local authorities). Moreparticularly, there is a lack of integration between planning legislation on theone hand, and the plethora of planning policies and recommendations whichhave been formulated for the coastal area resulting in suboptimal integratedcoastal area management.6.4 Effective management linkages in national government, particularly the METand regional government structures are lacking. However, an opportunityexists in this regard as Namibia is currently in the process of decentralisationas elaborated on in 7.7 below.6.5 Planning legislation is currently an uneasy amalgam of old order South27
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