What happens on the beach stays on the beach: a speculative legal analysis of nudism in South African protected areas

2020 ◽  
Vol 24 ◽  
Author(s):  
Andrew Blackmore
Keyword(s):  
Environmental Management ◽  
Protected Areas ◽  
South African ◽  
Protected Area ◽  
Management Plan ◽  
Legal Analysis ◽  
Sexual Offences ◽  
The Public ◽  
Physical Risk ◽  
National Environmental

ABSTRACT The Hibiscus Coast Municipality assumed it had the authority to issue or amend bylaws to formalise an existing nudist friendly beach within the Mpenjati Nature Reserve. Following a complaint, the Public Protector concluded the same when she investigated the legality of the Municipality's actions. Two immediate questions arise. The first, whether the Municipality and the Public Protector were correct in their view that the Municipality has the authority over the beach irrespective of the presence of a protected area, and the second, whether nudism is a legal activity therein. Both the Municipality and the Public Protector overlooked the relevance of the nudist friendly beach being located within a protected area and the power of the management authority to determine the nature of the tourism that takes place therein. Nudism within a protected area appears not to be in conflict with the Sexual Offences Act 23 of 1969 and hence may be a legitimate activity within such area. The National Environmental Management: Protected Areas Act 57 of 2003 and the Regulations thereunder appear not to contain provisions that prohibit nudism or other niche nature based tourism activities. Provided that the activity conforms to the purpose of the Act and proteced area management plan and zonation and does not pose a significant physical risk to the integrity of the protected area, the conservation agency may be hard-pressed to refuse a request for a niche nature based tourism activity, such as nudism, to be included in the zonation - should one be received.1 Key words: Municipality, National Environmental Management: Protected Areas Act, nature based tourism, nudist friendly beach, protected area, Public Protector, Sexual Offences Act, zonation.

AN ANALYSIS OF THE INTERPLAY BETWEEN THE TWIN PROVISIONS OF SECTION 48 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT AND SECTION 48 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, IN RESPECT OF “PROTECTED AREAS”

Obiter ◽  
2017 ◽  
Vol 38 (2) ◽  
Author(s):  
Clive Vinti
Keyword(s):  
Environmental Management ◽  
Protected Areas ◽  
Protected Area ◽  
Economic Value ◽  
The Earth ◽  
Petroleum Resources ◽  
The Relationship ◽  
National Environmental ◽  
Resources Development

This note examines the interplay between the twin provisions of section 48 of the National Environmental Management: Protected Areas Act (57 of 2003) (NEMPA Act) and section 48 of the Mineral and Petroleum Resources Development Act (28 of 2002) (MPRDA), in respect of the concept of a “protected area”. In essence, section 48(1) of the NEMPA Act read with section 48(1) of the MPRDA, prohibit “prospecting” in “protected areas”. However, section 48(1)(b) of the NEMPA Act and section 48(2) of the MPRDA, permit “prospecting” in “protected environments” and in any land “reserved in terms of any other any law”, if written authorisation is acquired under specific strict conditions. “Prospecting” is defined as intentionally searching for any mineral through any method which disturbs the surface or subsurface of the earth, including any portion of the earth that is under the sea or under other water; or in or on any residue stockpile or residue deposit, in order to establish the existence of any mineral and to determine the extent and economic value thereof; or in the sea or other water on land (s 1 read with s 17 of the MPRDA). This issue of the relationship between section 48 of the NEMPA Act and section 48 of the MPRDA has yet to be appropriately adjudicated on by the courts and thus, this paper will assess the implications of their inevitable interaction and suggest an approach that the courts could take in the assessment of a prospecting licence granted in respect of a “protected area”.

scholarly journals Hitchhikers’ guide to the legal context of protected area management plans in South Africa

Bothalia ◽  
2019 ◽  
Vol 49 (1) ◽  
Author(s):  
Magda Goosen ◽  
Andrew C. Blackmore
Keyword(s):  
Protected Areas ◽  
Protected Area ◽  
Management Plan ◽  
Protected Area Management ◽  
World Heritage Convention ◽  
Legal Context ◽  
The World ◽  
Management Plans ◽  
National Environmental ◽  
Area Management

Background: Although formal protected areas in South Africa date back to the turn of the 19th century, requirements for protected area management plans only became mandatory a century later. Prior to the promulgation of the World Heritage Convention Act 49 in 1999, and subsequently the National Environmental Management: Protected Areas Act 57 in 2003, requirements for management plans were voluntary, and guidance to the plan’s content was fragmented across an array of international, national and provincial policy instruments.Objectives: As there has been little academic debate on the relevance and content of protected area management plans, an improved understanding of these plans, and the role they play in biodiversity conservation, is required.Method: This article explores the evolution of the management plan, revisiting its historical and current legal context at international and national scales.Results: Despite being the principal legislative framework for management plans, the World Heritage Convention Act and the National Environmental Management Protected Area Act did not consolidate the plethora of management plan requirements, and hence did not bring clarity when these conflicted or were ambiguous.Conclusion: Legal provisions for management plans are highly fragmented. This risks plans not being complete, falling short of the requirement to ensure that protected areas fulfil the purpose for which they were established. A consolidation of relevant provisions, as well as emerging best practices is recommended. This may require the revision of South Africa’s environmental law, to provide greater clarity on the contemporary understanding of the contribution of protected areas to conservation and the well-being of people (viz. the ‘purpose’).

scholarly journals Panorama do Uso Público em Parques Estaduais do Rio Grande do Sul

2017 ◽  
Vol 10 (4) ◽  
Author(s):  
Izadora Flores Rech ◽  
Luís Fernando Carvalho Perello ◽  
Celson Roberto Canto-Silva
Keyword(s):  
Protected Areas ◽  
Protected Area ◽  
Rio Grande ◽  
Management Plan ◽  
State Parks ◽  
Rio Grande Do Sul ◽  
Human Presence ◽  
The Public ◽  
Environmental Interpretation ◽  
Tourism Education

O uso público de uma área protegida está associado ao processo de visitação que pode se manifestar em atividades educativas, de lazer, recreativas e de interpretação ambiental, desde que não afetem negativamente os objetivos de conservação da área visitada. No Rio Grande do Sul mais da metade das 23 Unidades de Conservação (UC) estaduais são Parques, categoria que privilegia o uso público. O Programa de Uso Público visa ordenar a presença humana no interior da UC, prevendo turismo, educação e interpretação ambiental. Este trabalho teve por objetivo diagnosticar a realidade dos programas de uso público dos parques estaduais do Rio Grande do Sul, conhecendo a percepção dos gestores dessas áreas quanto às atividades desenvolvidas e a eficácia de cada programa. Oito parques estaduais que já contam com plano de manejo foram estudados. A falta de funcionários é apontada por todos os gestores como sendo o fator responsável pelo fato de sete parques estaduais não receberem visitantes. Mais da metade das ações propostas nos programas de uso público não estavam efetivadas quando da realização do estudo. An overview on Public Use in State Parks of Rio Grande do Sul (Brazil) ABSTRACT The public use of a protected area is associated to the process of visitation that can manifest itself in educational, leisure, recreational and environmental interpretation activities, as long as it does not negatively affect the conservation objectives of the visited area. In Rio Grande do Sul, more than half of the 23 protected areas are Parks, a category that favors public use. The Public Use Program aims to order the human presence inside the protected area, providing for tourism, education and environmental interpretation. This study aimed to diagnose the reality of the public use programs of the state parks of Rio Grande do Sul, knowing the perception of the managers of these areas as to the activities developed and the effectiveness of each program. Eight state parks that already have a management plan were studied. The lack of employees is pointed out by all managers as being the factor responsible for the fact that seven state parks do not receive visitors. More than half of the actions proposed in public use programs were not implemented at the time of the study. KEYWORDS: Ecotourism; Visitation; Protected Area.

scholarly journals A strategic framework for biodiversity monitoring in South African National Parks

Koedoe ◽  
2011 ◽  
Vol 53 (2) ◽  
Author(s):  
Melodie A. McGeoch ◽  
Mbulelo Dopolo ◽  
Peter Novellie ◽  
Howard Hendriks ◽  
Stefanie Freitag ◽  
...  
Keyword(s):  
Protected Areas ◽  
South African ◽  
Monitoring System ◽  
National Parks ◽  
Management Plan ◽  
Biodiversity Monitoring ◽  
Management Philosophy ◽  
Conservation Implications ◽  
Strategic Direction ◽  
Internal Pressures

Protected areas are under increasing threat from a range of external and internal pressures on biodiversity. With a primary mandate being the conservation of biodiversity, monitoring is an essential component of measuring the performance of protected areas. Here we present a framework for guiding the structure and development of a Biodiversity Monitoring System (BMS) for South African National Parks (SANParks). Monitoring activities in the organisation are currently unevenly distributed across parks, taxa and key concerns: they do not address the full array of biodiversity objectives, and have largely evolved in the absence of a coherent, overarching framework. The requirement for biodiversity monitoring in national parks is clearly specified in national legislation and international policy, as well as by SANParks’ own adaptive management philosophy. Several approaches available for categorising the multitude of monitoring requirements were considered in the development of the BMS, and 10 Biodiversity Monitoring Programmes (BMPs) were selected that provide broad coverage of higher-level biodiversity objectives of parks. A set of principles was adopted to guide the development of BMPs (currently underway), and data management, resource and capacity needs will be considered during their development. It is envisaged that the BMS will provide strategic direction for future investment in this core component of biodiversity conservation and management in SANParks. Conservation implications: Monitoring biodiversity in protected areas is essential to assessing their performance. Here we provide a coordinated framework for biodiversity monitoring in South African National Parks. The proposed biodiversity monitoring system addresses the broad range of park management plan derived biodiversity objectives.

scholarly journals ANALYZING TEMPORAL AND SPATIAL TRENDS IN MANAGEMENT PLANS OF FEDERAL PROTECTED AREAS IN BRAZIL

2021 ◽  
Vol 25 (04) ◽  
pp. 846-854
Author(s):  
Alessandro Ribeiro Morais ◽  
◽  
Mariana Nascimento Siqueira ◽  
Roniel Freitas-Oliveira ◽  
Daniel Brito ◽  
...  
Keyword(s):  
Protected Areas ◽  
Protected Area ◽  
Sustainable Use ◽  
Management Plan ◽  
Conservation Strategies ◽  
Effective Management ◽  
Management Plans ◽  
Group A ◽  
The Creation ◽  
Group B

Protected areas are the most frequently used tool for the mitigation of threats to biodiversity. However, without effective management, the creation of new protected areas may be ineffective. In Brazil, protected areas must have both a governing body (consultative or deliberative council) and an official management plan. Here, we analyzed general trends and patterns in the approval of the management plans for Brazilian federal protected areas. We considered all federal protected areas, and compiled data on (i) the year the area was created, (ii) the type of protected area (integral protection vs. sustainable use), (iii) year its management plan was approved, (iv) year in which the management plan was revised after its approval, (v) total area (in hectares), and (vi) the biome in which the area is located. We stablished three groups of protected area: 1) Group A: protected areas created prior to 1979, 2) Group B: protected areas created between 1979 and 1999, and 3) Group C: protected areas created between 2000 to the present time. Finally, we tested whether time for the approval of the management plan suffered a simultaneous effect of the type of biome and type of categories of protected area (strictly protected vs. sustainable use areas). We found 211 (63.17% of the 334) protected areas with management plan. On average, the time taken for the creation and approval of a management plan far exceeds the deadlines (5 yrs.) defined under current Brazilian law. All Brazilian biomes are poorly covered by protected areas with effective management plans, with the highest and lowest value observed in the Pantanal (100%) and Caatinga (46.42%), respectively. Our results suggest that the effectiveness of many federal protected areas in Brazil can be reduced considerably by the lack of a management plan, with deleterious consequences for the country’s principal conservation strategies.

scholarly journals STRATEGI PENGELOLAAN KAWASAN LINDUNG MANUCOCO BERBASIS MASYARAKAT DI KOTA ADMINISTRATIF ATAURO, DILI TIMOR-LESTE

2017 ◽  
Vol 11 (1) ◽  
pp. 15
Author(s):  
Ernesto Matos Soares ◽  
I Made Antara ◽  
I Made Adhika
Keyword(s):  
Protected Areas ◽  
Protected Area ◽  
Management Strategy ◽  
Public Perception ◽  
Swot Analysis ◽  
Management Strategies ◽  
Community Based ◽  
Conservation Area ◽  
The Public ◽  
Catchment Areas

MANAGEMENT STRATEGY OF MANUCOCO PROTECTED AREA COMMUNITY BASED IN ADMINISTRATIVE CITY OF ATAURO, DILI TIMOR-LESTEManucoco Protected Area is a mountainous conservation area which is very important for Atauro community because it functions as water catchment areas, especially water sources, important habitat for birds and other biodiversity, but there are still problems that occur such as deforestation, shifting cultivation, system of slash-and-burn cultivation, area zoning is not clear, the expansion of settlements and forest fires, all of these problems can give a less impact on ecological functions of the forest. The aims of this study are 1) to describe the perception of the public about the conservation of natural resources Manucoco Protected Area as a conservation area 2) to formulate management strategies for community-based Manucoco Protected Area. The data collection techniques used questionnaires, interviews, documentation, and focus group discussions, whereas the determination of the respondents used a purposive sampling method. To formulate a management strategy, internal and external factors were identified by using SWOT analysis. The results showed that the public perception of the function of the forest was that the forests had multiple functions, the public perception related to management policies showed that people did not know the forestry legislations. Public perception regarding the rights and obligations in the management strategy namely the public has the perception that forests are common property. Based on the SWOT analysis produced several community-based management strategies that can be used in the management of Manucoco protected areas as follow 1) Maximizing the primary function of forests, (2) Increasing public knowledge through an intensive socialization (3) Increasing the involvement or participation of the community 4) Encouraging the community-based forests protection through HKM 5) Acceleration of area zoning 6) Increasing related department supervision 7) Performing the empowerment of communities around the protected areas 8) Preparing management plans which needs to involve all stakeholders 9) Establishing the management unit in the village/sub-district levels.

The impact of marine spatial planning legislation on environmental authorisation, permit and licence requirements in Algoa Bay

2021 ◽  
Vol 2021 ◽  
pp. 79-121
Author(s):  
Denning Metuge
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Air Quality ◽  
Protected Areas ◽  
Spatial Planning ◽  
Marine Spatial Planning ◽  
Marine Area ◽  
Potential Impact ◽  
The Impact ◽  
National Environmental

With a focus on Algoa Bay, this article considers the potential conflicts that may arise between South Africa’s marine spatial planning (MSP) legislation and the environmental authorisations, permits and licencing requirements provided under specific environmental management Acts (SEMAs). The legislation for MSP in South Africa is the Marine Spatial Planning Act, 2018 (MSPA). It provides that ‘[a]ny right, permit, permission, licence or any other authorisation issued in terms of any other law must be consistent with the approved marine area plans’. What is more, where there is a conflict between the MSPA and any other legislation ‘specifically relating to marine spatial planning’, the provisions of the MSPA prevail. Particular attention is given to the principle of sustainability that the MSPA incorporates into MSP and its impact on environmental authorisation, permit and licence requirements issued in terms of three SEMAs: the National Environmental Management: Biodiversity Act, 2004 (NEM:BA), the National Environmental Management: Protected Areas Act, 2003 (NEM:PAA) and the National Environmental Management: Air Quality Act, 2004 (NEM:AQA). The article concludes by summarising the potential impact the MSPA will have on the discussed SEMAs when it comes into operation and makes recommendations to prevent the occurrence of potential conflicts.

scholarly journals Recommendations for municipalities to become compliant with national legislation on biological invasions

Bothalia ◽  
2017 ◽  
Vol 47 (2) ◽  
Author(s):  
Ulrike M. Irlich ◽  
Luke Potgieter ◽  
Louise Stafford ◽  
Mirijam Gaertner
Keyword(s):  
Environmental Management ◽  
Invasive Species ◽  
South African ◽  
Invasive Plant ◽  
Status Report ◽  
The City ◽  
National Environmental ◽  
Plant Control ◽  
Control And Eradication

Background: The South African National Environmental Management: Biodiversity Act (No. 10 of 2004) (NEM:BA) requires all Organs of State at all spheres of government to develop invasive species monitoring, control and eradication plans. Municipalities across South Africa are required to comply with the Alien and Invasive Species Regulations under NEM:BA but are faced with myriad challenges, making compliance difficult. Objective: This paper unpacks some of the challenges municipalities face and provides guidance on how to overcome these in order to achieve NEM:BA compliance. Through a strategic, municipal-wide approach involving different landowners, compliance can be achieved and many of the associated challenges can be overcome. For example, lack of awareness and capacity within municipal structures can be addressed through various platforms that have proven successful in some areas. Conclusions: Using the City of Cape Town as a case study, we highlight some of the notable successes in overcoming some of these challenges. For example, the City’s Invasive Species Strategy has resulted in municipal buy-in, departmental collaboration and a city-wide invasive plant tender, allowing for streamlined invasive plant control across the city. We present a framework as a first step towards measuring compliance and how the national status report can measure the level of compliance by Organs of State.

scholarly journals Misplacing Nema A Consideration of Some Problematic Aspects of South Africa's New EIA Regulations

2017 ◽  
Vol 13 (5) ◽  
pp. 79
Author(s):  
Jeremy Ridl ◽  
Ed Couzens
Keyword(s):  
Economic Growth ◽  
Environmental Management ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
South African ◽  
Environmental Impact Assessment ◽  
Environmental Legislation ◽  
Danger Signs ◽  
National Environmental

In mid-2006, new Regulations governing environmental impact assessment were published in terms of the National Environmental Management Act 107 of 1998.  It is argued in this article that the old Regulations under the Environment Conservation Act 73 of 1989, which were replaced, had proved inadequate not because of any inherent deficiency, but because they were never properly implemented and because they were instead subjected to much inaccurate criticism.  The article then canvasses the old Regulations and considers criticisms thereof, before canvassing the new Regulations and assessing differences between the old and the new.  Various specific concerns and potential shortcomings are raised and considered; and various interpretations are offered of problematic provisions.  A prognosis for the success and/or failure of the new Regulations is then put forward in the context of the South African government's present approach to economic growth, environmental protection and the enforcement of environmental legislation.  Finally, it is argued that there are danger signs that the new Regulations will be as misunderstood and misapplied as were the old Regulations and that the fundamental principles of the National Environmental Management Act are likely not to be adhered to in the implementation of the new Regulations.

scholarly journals Getting to grips with the public trust doctrine in biodiversity conservation: A brief overview

Bothalia ◽  
2018 ◽  
Vol 48 (1) ◽  
Author(s):  
Andrew C. Blackmore
Keyword(s):  
South Africa ◽  
South African ◽  
Protected Area ◽  
Environmental Law ◽  
Public Trust ◽  
Bill Of Rights ◽  
The Public ◽  
Public Trust Doctrine ◽  
African Context ◽  
Heritage Legislation

The explicit incorporation of the public trust doctrine into South Africa’s Bill of Rights in South Africa’s Constitution, and its subsequent codification into the country’s environmental biodiversity, protected area, water, minerals and heritage legislation, occurred to a large extent without applause or fanfare. It is apparent that in the 20-odd years since the adoption of South Africa’s Constitution, the existence and importance of the public trust doctrine within the academic and legal fraternities, bureaucratic decision-making and the courts have largely been overlooked. This observation evokes curiosity about the history and evolution of the doctrine and its meaning and relevance in, at least, the conservation of biodiversity in a South African context. It is concluded that the nature of the application of the public trust doctrine in South Africa remains an enigma, and the development and refinement of this jurisprudence are required. The variable and, in places, conflicting wording of the trust-related provisions in a number of South Africa’s environmental statutes suggests that the doctrine and hence the nature of its application was not fully understood by the drafters of the statutes or by the legislature adopting those statutes into law. The public trust doctrine in South African environmental law lies beyond the country’s Constitution, and appears to have multiple bloodlines, which dispels the notion that South Africa hermetically imported the concept from a single source. The interpretation and hence the nature of the application of the doctrine in South Africa is likely to be influenced by the country’s heritage and hence is likely to vary between the disciplines that constitute South Africa’s environmental law.

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