NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL, B

67 OF 2008

Purpose

• To amend the National Environmental Management: Protected Areas Act, 2003 so as to provide for a comprehensive list in the schedule of national parks

• To provide for assignment of national parks, special nature reserves and world heritage sites to SANParks

• To make provision for flight corridors and permission of the management authority to fly over national parks, special nature reserves and world heritage sites

• To provide for training and testing of aircraft• To provide for winding up and dissolution of SANParks

Clause 1National Environmental Management: Protected Areas Act, 2003

Section 20 (declaration of national parks)

• Amendment (insertion of subsection 6):

• ‘‘(6) (a) Each area defined in Schedule 2 shall be a national park under the name assigned to it in that Schedule.

• (b) The Minister may by notice in the Gazette amend Schedule 2.’’.

• Reason:• The National Environmental

Management: Protected Areas Act, 2003 (NEM:PAA) repealed the National Parks Act (1976), excluding the schedule (description of land areas contained in each national park). It is now desirable to repeal the said Act in its entirety and have all provisions dealing with national parks in NEM:PAA.

• Currently, any amendments or additions to national parks are provided for by means of a notice in the Gazette, and no provision is made for the Minister to update the schedule from time to time as may be necessary. The bill includes all declarations of national parks into a schedule and provides for the Minister to amend this schedule

Clause 2National Environmental Management: Protected Areas Act, 2003

Section 28 (Protected environments)

• Amendment (substitution):

• (5) The declaration of an area as a protected environment for the purposes of subsection (2)(f) lapses at the expiry of [three years from the date of publication of] the period stated in the notice contemplated in subsection (1), but the Minister or the MEC, as the case may be, may, by agreement reached with the owners of the land in question and by notice in the Gazette, extend that period [for not more than one year].’’.

• Reason:• Minister of MEC may declare an

area as a protected environment to ensure sustainable development i.e. regulate these as buffer zones, address changes in land use, protect the area if it is sensitive to development and allow for landowners to take collective action.

• Such declaration lapses at the expiry of 3 years from declaration date.

• The Bill seeks to extend the time period by agreement with all parties concerned.

Clause 3National Environmental Management: Protected Areas Act, 2003

Section 38 (management authorities)

• Amendment (substitution):

• ‘‘(a) [must] may assign the management of a special nature reserve or a nature reserve to a suitable person, organisation or organ of state;

• (aA) must assign the management of a national park to South African National Parks [or another suitable person, organisation or organ of state];’’.

• Reason:• In terms of section 38(1) of the

NEM:PAA the Minister must assign the management of a special nature reserve or a nature reserve to a suitable person, organisation or organ of state. As the South African National Parks (SANParks).

• It is therefore recommended that the ‘‘must’’ be substituted with ‘‘may’’, thus giving the Minister a discretion. This allows for department to manage a nature reserve.

• The bill also limits the assignment of all national parks to SANParks, given significant challenges experienced by the provincial conservation agencies.

Clause 4National Environmental Management: Protected Areas Act, 2003Section 47 (use of aircraft in special nature reserve, national park or

world heritage site)

• Amendments (substitution and insertion of subsection):

• Scope of application expanded to ‘organs of state’.

• Written permission required from Management Authority.

• Minister is appeals authority for decision of management authority.

• Minister and minister of defense must agree on specific areas in identified protected airspace to be used for testing aircraft.

• Reason:• The above-mentioned protected

areas include the air space to a level of 2500 feet above them. As such, the regulation of flights over these areas is of utmost importance to protect biodiversity and the environment.

• The bill allows for management authority to set conditions or concessions

• The bill also provides for flight corridors where this is necessary for public purpose.

Clause 5National Environmental Management: Protected Areas Act, 2003

Section 54 (continued existence of SANParks)

• Amendment (addition of subsection):

• Upon its winding-up or dissolution of the South African National Parks must transfer its remaining assets or the proceeds of those assets, after satisfaction of its liabilities, to the State or to some other institution, board or body with objects similar to those of the South African National Parks.

• Reason:

• There is no enabling section in the Act providing for winding up or dissolution of SANParks and the transfer of its assets. The proposed amendment provides for this if the transferee has similar interests and is exempted from income tax in terms of the Income Tax Act, 1962 (Act No. 58 of 1962)

Clause 6National Environmental Management: Protected Areas Act, 2003

Section 55 (Functions of SANParks)

• Amendments (substitution and insertion):

• Expansion of the functions of SANParks:• To manage protected areas which are not

national parks• To participate in international, regional and

national initiatives.• Make and enforce traffic rules.

• Reason:• The Act has no empowering provision for

the SANParks to manage all existing national parks and future national parks, special nature reserves, nature reserves and national protected areas. Further provision has now been made for the Minister to assign the management of world heritage sites and protected areas not included under section 55(1)(a) of the Act, subject to written assignment of such functions by the Minister.

• Further, to increase their exposure, provision is now made for the South African National Parks to participate in international and similar initiatives identified by the Minister.

• A provision is now made for the South African National Parks to make and enforce traffic rules in all areas administered by it. The provision was in the repealed legislation and was never transferred into NEM:PAA, by default.

Clause 7National Environmental Management: Protected Areas Act, 2003

Section 75 (financial matters)

• Amendment (substitution)

• ‘‘(g) fines received or recovered in respect of offences committed [within national parks] under this Act; and’’.

• Reason:• Previously SANParks could only

retain as part of its funds money received in respect of offences committed within national parks. This is now expanded to include money collected for all offences committed under the Act.

• This is a consequential amendment as the bill expands the mandate of SANParks

Clause 8National Environmental Management: Protected Areas Act, 2003

Section 90 (Schedules: repeal of laws)

• Amendment:

• The Schedules contained in the Schedule to this Act are hereby substituted for the Schedule to the principal Act.

• Reason:

• This clause seeks to add a new Schedule to the Act, which includes all declarations of national parks (with a detailed description of the various parks).

Thank you