State of Management of South Africa’s ... - WWF South Africa

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