State of Management of South AfricaÃ¢â¬â¢s ... - WWF South Africa

More documents

Recommendations

Info

STATE OF MANAGEMENT OF SOUTH AFRICA’S MARINE PROTECTED AREAS3.1.2 Non-binding programmes and initiativesThere are several non-binding international instruments that promote the use of MPAs.These instruments have guided the development of binding conventions, national legislationand management approaches.Table 2.2: Non-binding international programmes and initiativesNON-BINDING INTERNATIONALPROGRAMMES AND INITIATIVESCOMMITMENTS RELEVANT TO MPASAgenda 21States committed to prevent, reduce and control degradationof the marine environment so as to maintain and improve itslife-support and productive capacities.The establishment of MPAs was recognised as a necessaryaction to achieve this.World Summit for Sustainable Development(WSSD)UNESCO Man and the Biosphere ProgrammeFAO Code of Conduct for Responsible FisheriesCalls on States to develop new approaches and tools toestablish marine protected areas consistent with internationallaw and based on scientific information.The Plan of Implementation includes a commitment toestablish a representative network of MPAs by 2012.The programme aims to develop a global network of‘biosphere reserves’ to promote sustainable use andconservation of biodiversity by improving the relationshipbetween people and their environment.Focuses on the needs for conservation, restoration andsustainable use of ecosystemsMPAs are thought relevant and often necessary forachievement of these objectives3.2 NATIONAL LEGISLATIONSouth Africa is obligated to reflect the commitments and imperatives of the conventions thatit is Party to in its national legislation. The commitments of relevance to MPAs are reflectedin South Africa’s legislation.3.2.1 ConstitutionThe Constitution of the Republic of South Africa, No 108 of 1996, contains an environmentalright in its Bill of Rights (Chapter 2, section 24). The environmental right reads:“Everyone has the right -(a) to an environment that is not harmful to their health or well-being; andPg 21
STATE OF MANAGEMENT OF SOUTH AFRICA’S MARINE PROTECTED AREAS(b)to have the environment protected, for the benefit of present and future generations,through reasonable legislative and other measures that(i) prevent pollution and ecological degradation;(ii) promote conservation; and(iii) secure ecologically sustainable development and use of natural resourceswhile promoting justifiable economic and social development”There are several other rights that are of relevance to environmental governance in SouthAfrica. These include the right of access to information needed for the exercise or protectionof any rights and the right to administrative action that is lawful, reasonable and procedurallyfair (Constitution of South Africa, 1996, section 32 and 33(1)).3.2.2 National Environmental Management ActThe National Environmental Management Act 107 of 1998 (NEMA) gives effect to theenvironmental right and other rights of relevance to environmental management at aframework level. Furthermore, NEMA gives effect to the principles of Co-operativeGovernance, which have particular significance for environmental management as bothnational and provincial authorities are responsible for the administration of environmentallaws.Section 2 contains guiding principles for the implementation of all environmental laws inSouth Africa. The following are principles that are of particular importance for MPAs: therequirement that all management must be integrated; equitable and effective publicparticipation must be promoted; community wellbeing and empowerment must be elevatedthrough education and raising awareness; and the use of environmental resources mustserve the public interest. The use of Integrated Coastal Management (ICM), in which MPAsare a crucial element, is motivated by the principle which states:‘Sensitive, vulnerable, highly dynamic or stressed ecosystems, such as coastal shores,estuaries, wetlands, and similar systems require specific attention in management andplanning procedures, especially where they are subject to significant human resource usageand development pressure’.The provisions for criminal proceedings (Section 34) are also important for MPAs, as theseare applicable to ‘specific environmental management acts’. Many of the Acts of relevance toMPAs are listed as ‘specific environmental management acts’.In addition, the regulations for the control of vehicles in the coastal zone drawn up underNEMA prohibit the use of vehicles in the coastal zone unless it listed as a permissible use orif it has been permitted by a local, provincial or national authority. These regulationseffectively ban unauthorised beach driving. In addition the regulations empower managers ofcoastal protected areas 1 to grant permits for the use of vehicles within the protected areas.1"coastal protected area" means an area situated wholly or partially within the coastal zone that has been legally designated asa protected area for the purposes of conserving any aspect of the environment.Pg 22
Page 1 and 2: State of Management of SouthAfrica'
Page 3: State of Management of South Africa
Page 6 and 7: STATE OF MANAGEMENT OF SOUTH AFRICA
Page 13: Pg 1
Page 22 and 23: Figure 1.1: Map of South Africa’s
Page 27: Pg 13
Page 35: Pg 19
Page 45: Pg 27
Page 89 and 90:
STATE OF MANAGEMENT OF SOUTH AFRICA
Page 91:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181:
Pg 153
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209:
show all

State of Management of South AfricaÃ¢â¬â¢s ... - WWF South Africa

Create successful ePaper yourself

Delete template?

Save as template?

State of Management of South AfricaÃ¢â¬â¢s ... - WWF South Africa