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”.

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.

scholarly journals Economic value of protected areas via visitor mental health

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Ralf Buckley ◽  
Paula Brough ◽  
Leah Hague ◽  
Alienor Chauvenet ◽  
Chris Fleming ◽  
...  
Keyword(s):  
Mental Health ◽  
Protected Areas ◽  
Protected Area ◽  
Economic Value ◽  
Future Research ◽  
Global Estimate ◽  
Conservation Policies ◽  
Life Years ◽  
Order Of Magnitude ◽  
Individual Scale

Abstract We evaluate methods to calculate the economic value of protected areas derived from the improved mental health of visitors. A conservative global estimate using quality-adjusted life years, a standard measure in health economics, is US$6 trillion p.a. This is an order of magnitude greater than the global value of protected area tourism, and two to three orders greater than global aggregate protected area management agency budgets. Future research should: refine this estimate using more precise methods; consider interactions between health and conservation policies and budgets at national scales; and examine links between personalities and protected area experiences at individual scale.

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 Nature protection across countries: Do size and power matter?

2019 ◽  
Author(s):  
Germán Baldi
Keyword(s):  
Protected Areas ◽  
Protected Area ◽  
Area Network ◽  
Nature Protection ◽  
The Face ◽  
Almost All ◽  
Limited Spectrum ◽  
The Relationship ◽  
Effective Growth

AbstractProtected areas are one of the most effective tools for nature conservation. Consequently, almost all countries have agreed to set increasingly demanding goals for the expansion of their protected area systems. However, there is a large disparity among countries, and research on the cultural drivers of differences remains quite unexplored. Here, we explore the relationship between protected extent and a limited spectrum of socio-economic characteristics, making focus on size and power features. Protected areas under strict conservation categories (I to IV, IUCN) were considered for 195 countries, and relationships were modeled by means of LOESS regressions, violin plots, and a random forest ensemble learning method. Larger and more powerful countries (in terms of land area, gross domestic product, or military expenditure) protect less and in relatively smaller units than smaller and less powerful countries. Out of the twenty most extensive countries of the world, only two exceed 10% of protection. This situation is problematic since an effective growth of the global protected area network depends on the willingness of larger and more powerful countries. We propose different hypotheses a posteriori that explain the role of size and power driving protection. These hypotheses involve direct mechanisms (e.g., the persuasive capacity of large countries) or mechanisms that mediate the interactions of some others (e.g., tourism contribution to GDP and insularity). Independently of mechanisms, our results emphasize the conservation responsibilities of large and powerful countries and contribute to envision conservation scenarios in the face of changes in the number and size of countries.

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 Discourses of Decentralization: Local Participation and Sámi Space for Agency in Norwegian Protected Area Management

2021 ◽  
pp. 61-93
Author(s):  
Elsa Reimerson
Keyword(s):  
Nature Conservation ◽  
Protected Areas ◽  
Protected Area ◽  
Organizational Structures ◽  
Protected Area Management ◽  
Local Participation ◽  
Indigenous Lands ◽  
Asymmetrical Power ◽  
The Relationship ◽  
Area Management

This chapter analyzes the 2010 reform of Norwegian protected area management, which provided new arenas for influence for the Indigenous Sámi over protected areas on their lands, to explore how discourses of decentralization and participation in nature conservation shape the space for agency of Indigenous peoples. The results show that the discourses governing the reform articulate the relationship between Sámi rights and protected areas in relation to several different concepts, problem representations, and proposed solution, each with potentially different consequences for Sámi participation and influence. The construction of the concept of “participation” in the discourse of protected area management makes it possible to integrate into a system modelled after traditional, centralized organizational structures that prioritize conservation objectives over Sámi rights without fundamentally challenging relationships of power, divisions of responsibilities, or objectives for management. The paper concludes that the Norwegian discourse provides arenas for Sámi influence and participation that could serve as an example for protected area governance and management on Indigenous lands elsewhere, but that the failure to radically reconsider the principal assumptions of protected area discourses risks upholding or reinforcing asymmetrical power relations and colonial stereotypes.

Local attitudes towards conservation and tourism around Komodo National Park, Indonesia

2001 ◽  
Vol 28 (2) ◽  
pp. 160-166 ◽  
Author(s):  
Matthew J. Walpole ◽  
Harold J. Goodwin
Keyword(s):  
Protected Areas ◽  
Protected Area ◽  
National Park ◽  
Economic Benefits ◽  
Dress Code ◽  
Positive Attitudes ◽  
Local Support ◽  
The Relationship ◽  
High Support

Ensuring local support for protected areas is increasingly viewed as an important element of biodiversity conservation. This is often predicated on the provision of benefits from protected areas, and a common means of providing such benefits is tourism development. However, the relationship between receipt of tourism benefits and support for conservation has not been explored. This study examined local attitudes towards protected area tourism and the effects of tourism benefits on local support for Komodo National Park, Indonesia. Komodo National Park is a flagship for tourism in a region where protected areas are becoming increasingly visited and where local support for conservation has not been investigated. Results of a questionnaire survey revealed positive attitudes towards tourism and high support for conservation (93.7%), as well as a recognition that tourism is dependent upon the existence of the park. Positive attitudes towards tourism were positively related to the receipt of economic benefits, and to support for conservation. However, a positive relationship between receipt of tourism benefits and support for conservation was not identified, suggesting that benefits from protected area conservation make no difference to local support for conservation. Local people recognized distributional inequalities in tourism benefits, and the most common complaints were of local inflation and tourist dress code. To fully identify the impacts of protected area tourism, long-term studies of local attitudes alongside traditional economic and ecological assessments are recommended.

scholarly journals Legal issues concerning mine closure and social responsibility on the West Rand

2009 ◽  
Vol 5 (1) ◽  
Author(s):  
Francois Durand ◽  
Mariette Liefferink ◽  
Elize S Van Eeden
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Multidisciplinary Approach ◽  
Past Century ◽  
The West ◽  
The Past ◽  
The Social ◽  
Petroleum Resources ◽  
Current Water ◽  
National Environmental

Mining and, especially, gold and uranium mining have played a major role in the economy, history, and demography of South Africa. The contribution of the mines to the economy of South Africa over the past century has been overvalued, while the social injustices and negative environmental impacts that accompanied mining have been underplayed or ignored by the mining houses and government. The environmental situation has worsened significantly over the past few years due to the abandonment and pending closure of most of these mines. A reluctance is perceived on the part of the mining companies, and even government, to take responsibility for the damage caused by pollution, ecological degradation, and impact on human health by mining. Instead, the current informal policy appears to take smaller companies to court on minor environmental injustices to, perhaps, impress the broader public, while one of the biggest environmental concerns is stylishly treated. The inability of government to address the damage by mines effectively is in conflict with the National Water Act, the National Environmental Management Act, the Mineral and Petroleum Resources Act, the National Nuclear Regulator Act, and the Constitution of South Africa. The authors propose a multidisciplinary approach to address water-related environmental injustices on the West Rand and Far West Rand. We also describe the application of the National Environmental Management Act of South Africa (Act No. 107 of 1998) in the Wonderfonteinspruit and Tweelopiespruit Catchments and the current water quality situation.

scholarly journals Scientific approaches to assessment of the ecosystem services of the nature protected areas

2021 ◽  
pp. 48-57
Author(s):  
Iryna Patoka
Keyword(s):  
Ecosystem Services ◽  
Protected Areas ◽  
Protected Area ◽  
Methodological Approach ◽  
Economic Value ◽  
Practical Importance ◽  
Well Being ◽  
Cultural Services ◽  
Draft Version ◽  
The Cost

Relevance of research topic. Assessing ecosystems in terms of their contribution to the human well-being is one of the ways to achieve the goals of sustainable development, namely within the implementation of goals 14 and 15, therefore, it is an extremely important task in developing strategies for the development of local communities. Formulation of the problem. There is no official methodology for assessing ecosystem services and its integration into the management system in Ukraine. Analysis of recent research and publications. Currently, approaches to the assessment of ecosystems and their services are being developed, which are presented in the leading international documents: Millennium Ecosystem Assessment (MEA), The Economics of Ecosystems and Biodiversity (TEEB), System of Environmental-Economic Accounting – Ecosystem Accounting. Final Draft. Version 5. Selection of unexplored parts of the general problem. The issues of forming methodological approaches to the assessment of ecosystem services of protected areas of communities remain little studied. Setting the task, the purpose of the study. In this study, the task is to assess the ecosystem services of the protected area of the community basing on the example of cultural services (recreation and tourіsm) and services for biodiversity conservation. Method or methodology for conducting research. To assess the cost of ecosystem services in the protected area, a methodological approach to estimating the overall economic value of ecosystems is used. Presentation of the main material (results of work). On the example of the protected area of NPP "Bug Guard" within Blagodatnenskaya OTG Pervomaisky district of Mykolayiv region calculated the cost of direct and indirect use of ecosystem services (considered cultural services) and the cost of its existence (considered services to preserve biodiversity), as well as the total economic value. The field of application of results. The calculations are of great practical importance for territorial management. Conclusions according to the article The paper proves that the cost of indirect use of ecosystem services of the protected area and the cost of its existence significantly outweigh the cost of direct use.

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