Full report LR.pdf - DLIST Benguela

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NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone ManagementConclusion:The landward and seaward extent of Namibia’s coastal area was vigorously debated atthe NACOMA Preparation Workshop held in Swakopmund in August 2003 4 . Onerecommended option was that Namibia adopts the seaward extent of the coastal area be a12 nautical mile in conformity with the Namibia’s territorial waters under the TerritorialSea and Exclusive Economic Zone of Namibia Act (3 of 1990) and that the landwardextent be the existing Park boundaries (Skeleton Coast in the Kunene, Namib NaukluftPark, Sperrgebiet). However, it was decided in the workshop that the coastal area willbe defined during a consultative process for the development of the coastal policy.5. Relevant legislation: brief assessment5.1 GeneralAs mentioned in 2.1, above Namibia succeeded to certain, but not all, legislation enactedby South Africa while South West Africa was a South African mandated or occupiedterritory. Some of the legislation which was applicable to South West Africa has beenrepealed and replaced (e.g. fisheries legislation), but others have not (e.g. the Water Act,54 of 1956). Since independence Namibia has repealed and replaced some of the oldorder legislation, but not all of it. A significant feature elaborated on below is the amountof background policy documents and draft legislation which has been developed sinceindependence.5.2 Environmental and natural resources related laws and policiesOur survey reveals that Namibia has in place a solid body of actual and draftenvironmental laws. These have been based on a comprehensive public participationprocess and a set of related policy documents tabulated in Annex 3. The backbone tothese policies is the undated draft Namibia’s Green Plan (Environment and Development)which was crafted shortly after Namibia attained independence in 1990. The Green Planis underpinned by the notion of sustainable development and details variousenvironmental sectors such as water, agriculture, wildlife, and mining, the archaeologicaland historical heritage, land reform and related matters. While it contains a4 Mufeti, T., F. Odendaal, R. Garcia, J. Oranje and I. Kauvee, 2004. NACOMA Preparation Workshop– Workshop Proceedings. Swakopmund, 11-13 August 2004.14
NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone Managementcomprehensive chapter on fisheries (Part 2) (c), it does not contain any dedicateddiscussion on the coastal area.Namibia’s environmental laws relevant to the coastal area are surveyed under thefollowing sub-headings:5.2.1 Environmental management laws and draft billsDraft framework environmental legislation: A draft Environmental ManagementBill (dated 2002) has been prepared by the MET and includes EnvironmentalImpact Assessment (EIA) principles. It is centred on a cabinet approvedenvironmental impact assessment policy for Namibia. It could be adapted to meetsome specific objectives of coastal area management before it is tabled inparliament. The suggested inputs are: that the Bill includes a principle identifyingthe coastal area as a particularly vulnerable and delicate ecosystem and requiringthat it receive special consideration by applying integrated coastal areamanagement to the area; the trigger for EIA in the draft is based on a set ofactivities. While not detracting from this list of activities (which does not includeharvesting of marine resources) it could be supplemented by an area-basedapproach by a fall-back provision suggesting that “where the coastal area or itsnatural or cultural resources could be impacted” an EIA is required. Moreeffective legislation is required in face of ongoing destructive activities in thecoastal areas, such as mining, even inside protected areas. Ongoing or proposedtourism and aquaculture developments can also have destructive effects in thecoastal areas in the absence of appropriate and enforced legislation. More detailson current and planned developments in the coastal areas and associatedenvironmental threats is presented in the <strong>report</strong> “Rapid Assessment of theDevelopment Plans, Biodiversity Conservation Projects and Socio-EconomicSituation in the Namib Coastal Regions”.5.2.2 Resource related lawsThese are indirectly relevant to the coastal area and relate to:(i) Water: the Water Act, Act 54 of 1956 is a vestige of the South Africanlegislation which should ideally be replaced by a new water Act dedicatedto Namibia’s peculiar needs and circumstances. It pays no heed to the15
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