Full report LR.pdf - DLIST Benguela

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NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone Managementand Local Government and Housing (MRLGH) in a number of reports 2 . Decentralisationas it pertains to the coastal area is elaborated on in 5.6.2 below.Conclusion:The decentralisation process can enable the effective implementation of the variousimperatives relating to the environment and natural resources emanating from theConstitution and implied by Namibia’s ratification of conventions. Decentralisation alsopresents the opportunity to put integrated coastal management in place in the RegionalCouncils structure and boost biodiversity conservation at the local level. However, forthis opportunity to translate into reality there has to be legislation that gives RegionalCouncils clear mandates, powers and mechanisms to manage such processes and relatedstructures, raise funds and obtain clarity as to the respective roles of nationaldepartments and regional and local governments regarding community based-naturalresource management.3. Key government agencies involved in the coastal areaThe key role players are:3.1 Arms of Government- National Council – an ancillary body to Parliament referred to above.- Regional Councils – constituted by the Constitution as seen above and elaborated onin the Regional Councils Act, Act 22 of 1992. In the coastal area there are fourregions: Karas, Hardap, Erongo and Kunene. The first mentioned two regions straddlethe width of the country from the Atlantic Ocean to the eastern border.- Local Government – the main ones in the coastal area are: Swakopmund, WalvisBay, Henties Bay and Lüderitz. But cognisance must also be taken of various smallermunicipalities, “autonomous”, villages, settlements, which fall under the respectiveRegional Councils.- National Planning Commission (the NPC), established under the National PlanningCommission Act, Act 15 of 1994 as elaborated on under 3.3.1 below.2 “Decentralization in Namibia. The Policy, its Development and Implementation” of March 1998;“Decentralization in Namibia. Situation Analysis” of April 1998; “A Report of the Study Tour toUganda and Ghana on Decentralization by a Delegation from Namibia” of August 1999; and“Decentralization Performance: Functions – Rules – Procedures” of June 2000.8
NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone Management- Council of Traditional Authorities.- Community Courts Act, Act 10 of 2003.3.2 Government Departments3.2.1 Ministry of Environment and Tourism (MET), responsible for promotingsustainable development, biodiversity conservation, participatory environmentalplanning; promotion of tourism and tourism management.Administers - Sea Shore Ordinance, Ordinance 37 of 1958;- Nature Conservation Ordinance, Ordinance 4 of 1975 andamendment;- Forest Act, Act 12 of 2001.Prepared - EIA policy- draft Environmental Management Act- draft Parks and Wildlife Bill- report on recommendation of a draft Integrated Waste ManagementBillGap:The MET has prepared comprehensive environmental legislation, built on a solidfoundation of participative policy initiatives and reports, but these, in particular the draftEnvironmental Management Bill, have not culminated in actual legislation. Moreover,although many laws would apply to coastal as well as inland areas, there is a deficiencyin dedicated coastal area legislation as elaborated on under a separate heading below.3.2.2 Ministry of Fisheries and Marine Resources (MFMR): responsible for thesustainable utilization of marine resources, and economic and social developmentthrough fisheries.- Administers - Territorial Sea and Exclusive Economic Zone ofNamibia Act, Act 3 of 1990; Marine Resources Act, Act 27 of2000; Aquaculture Act, Act 18 of 2002; draft Inland FisheriesBill.3.2.3 Ministry of Mines and Energy (MME): responsible for increasing mineralproduction and energy supply, encourages national benefits and employment9
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