Full report LR.pdf - DLIST Benguela

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NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone Managementname Namibia Planning Advisory Board (NAMPAB) in terms of the TownPlanning Ordinance, Ordinance 18 of 1954 as amended by the Town PlanningAmendment Act, Act 27 of 1993 (Sect 6). It comprises of a minimum of three andmaximum ten members of the board representing: the National PlanningCommission (NPC); the Ministry of Lands, Resettlement and Rehabilitation(M<strong>LR</strong>R); the Ministry of Works, Transport and Communication (MWTC); theMinistry of Regional and Local Government and Housing (MRLGH); theMinistry of Fisheries and Marine Resources (MFMR); the Ministry ofAgriculture, Water and Rural Development (MAWRD); the Ministry of Justice;the Ministry of Environment and Tourism (MET).The Board focuses on the urban environment in that the Ordinance has beenamended to stipulate that the Board shall be “entrusted with all matters relating totown planning schemes as are assigned to it in terms of this Ordinance” (sect 12)(1); to advise the Minister in matters relating to the preparation and carrying intoeffect of town planning schemes (sect 12) (2) (a); the formulation of townplanning policies for Namibia (sect 12) (2) (b). However, it also provides that theBoard may “undertake any survey within Namibia and to assign plans inconnection therewith” (sect 12) (2) (c). This would seemingly include coastalplanning although the focus of the Board’s functions is clearly the urbanenvironment.There is clearly potential for the Board to broaden its mandate to firstly, bettercoordinate and integrate the various activities of other government departments,but the mechanics thereof need to be investigated. Secondly, the functions,powers and duties of the Board do not comprehensively cover sustainableenvironmental/coastal development and are by and large confined to urbanplanning. Mechanisms need to be investigated to see how sustainable coastaldevelopment can be included in the Board’s ambit. It is suggested that theregional development plans referred to above are central to this aspect. Moreoverthe decentralisation process currently underway in Namibia potentially providesan opportunity by giving Regional Council’s greater powers in this regard12
NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone Managementprovided it has the concomitant capacity as referred to in a separate <strong>report</strong> 3 .3.3.3 Inter-ministerial Committee for Land Use Planning (IMSCLUP)IMSCLUP was initiated by the Ministry of Lands, Resettlement andRehabilitation to facilitate the integration of land use planning in rural areas. Thisbody is not constituted under any legislation and our surveys indicate that it iscurrently dormant. Its potential to coordinate planning in the rural environmentincluding the coastal zone is accordingly doubtful.Recommendation:It is recommended that NAMPAB (the statutory Board) initiate the coastal policyplanning process as it is a national and not regional policy. Moreover NAMPAB has thepotential to play a crucial role in co-ordinating the coastal policy process on the groundas a co-ordinating body of the functions to be devolved to Regional Councils. It wouldcollaborate with the NACOMA program and receive input from NPC, NAMPAB orIMSCLUP (although the latter is currently defunct, as seen above.4. Extent of the Coastal AreaInternational experience has shown that there is no ideal way of delineating both thelandward and seaward extent of the coastal area for coastal zone management purposes.As regards the landward extent coastal countries adopt either: (1) an ecological approach(e.g. the top of coastal mountain ranges or in Namibia’s case the fog belt would be anoption), or (2) an administrative approach (an arbitrary line say, 1km landward of, andparallel to, the high-watermark, or the inland extent of the respective administrativeregion, or the inland extent of the respective protected areas which dominate each of thefour coastal regions). There are advantages and disadvantages in both the ecological andadministrative approaches – the former makes ecological sense; the latter administrativesense. As regards the seaward extent an arbitrary line is usually adopted, for example, the12 nm territorial sea or 200 nm exclusive economic zone.3 “Capacity Building and Institutional Strengthening for Biodiversity Conservation and Management ofthe Namib Coast”, also prepared to provide input into the NACOMA Project Brief.13
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