Uilkraals Situation Assessment - Anchor Environmental

5. LEGISLATION AND MANAGEMENT ISSUES5.1 The main threats and opportunities to be consideredThere are a number of factors that threaten the future health of the Uilkraals Estuary andhence its biodiversity and capacity to deliver ecosystem services. The main threats to thesystem or areas of potential conflict are as follows:1. Water quantity and qualitya. reduction in freshwater inflows due to water storage in the catchment(Kraaibosch Dam), and a continuing increase in the demand for waterb. increasing nutrient enrichment due to agriculture in the catchmentc. Loss of important habitat area such as saltmarsh through inundation causedby increasing water levels in the estuary as the mouth remains closed.2. Exploitation of living resourcesa. potential for future overexploitation by recreational fishers3. Land‐use and associated disturbancea. potential for residential/resort development around the estuary leading tochange in sense of place and existence value, increased human disturbanceof biota, and damage or loss of estuarine habitatIn addition to meeting the existing legislation governing the above activities, opportunities toprotect the health and value of the system over the medium to long term include:1. The establishment of terrestrial and estuarine protected areas, and2. Implementation of rehabilitation measures.All of the above issues are discussed below in the context of the prevailing policies andlegislation.5.2 General policy and legislative backgroundThis section provides an overview of legislation and policy applicable to management ofestuaries in South Africa and specifically to the Uilkraals Estuary. More details on thelegislative framework for estuary management including international and regional treatiesand obligations, national policies and laws, and provincial and local policies and legislation isprovided in Taljaard (2007).The South African Constitution is the supreme law of the land, and provides the legalframework for legislation regulating environmental management in general. Section 24 of theConstitution states that:"Everyone has the right:• to an environment that is not harmful to their health or well‐being; andUilkraals Estuary Situation Assessment40Anchor Environmental