Protection of South Africa’s most valuable assets: marine protected areas
Sustainably protecting and managing the nation’s marine resources through sound,
coordinated administration of marine protected areas
Parliament invites you to comment on the National Environmental Management:
Protected Areas Amendment Bill, 2013
The National Environmental Management: Protected Areas Amendment Bill, 2013 (“the Amendment
Bill”), seeks to amend the National Environmental Management: Protected Areas Act, 2003 (Act No 57
of 2003), (“the Act”). The Act is a specific environmental management Act within the framework of the
National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA).
The Amendment Bill focuses on the incorporation of marine protected areas into the NEMA protected
areas regime. Marine protected areas (“MPAs”) are currently regulated under the Marine Living
Resources Act, 1998 (Act No. 18 of 1998), (“MLRA”), with the exception of certain provisions which are
regulated in terms of the Act (Protected Areas Act). Fisheries and marine environmental management
were previously administered by one Department, the then Department of Environmental Affairs and
Tourism. In 2009, via a Presidential Proclamation, the fisheries function was transferred from the
Minister responsible for Environmental Affairs (“the Minister”) to the Minister responsible for Agriculture,
Forestry and Fisheries. The administration of the MLRA was then appropriately split between the two
Ministers.
The objects of the Bill are to:
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Provide for the declaration of marine protected areas;
Provide for the management of marine protected areas;
Make transitional arrangements; and
Generally bring the management of all aspects of marine protected area management under the
purview of the protected areas regime in the Act.
In order to separate the mandate for fisheries management and for marine environmental management,
both of which resided in the MLRA, the fisheries functions were transferred from the Department of
Environmental Affairs (the Department) to the Department of Agriculture, Forestry and Fisheries
(DAFF), by way of Proclamation 44 of 1 July 2009 on transfer of aquaculture, and Proclamation 1 of 10
February 2010, on transfer of capture fisheries function. The 2010 Proclamation is now under review.
Cabinet had further suggested that the Minister for DAFF should have the powers to administer the
declaration and management of activities within the Marine Protected Areas (MPAs), in order to allow
DAFF more access to fish resources, especially for the small-scale and subsistence fishers. However,
a legal opinion was obtained, which suggested that transfer of section 43 of the MLRA to DAFF, which
deals with MPAs, would be unconstitutional.
After a series of meetings, the MPA Proclamation of 31 May 2013 was signed by the President. In
terms of section 43, read together with the regulations for each MPA, the Minister of DAFF retained the
powers and functions related to fisheries management in those MPAs where fishing was allowed, which
includes permitting, fishing rights allocations, fisheries-related research and the power to enforce the
types of fishing specified therein.
This particular piece of legislation is critical to give proper effect to the restructuring of the two
Departments and Ministries.
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The Portfolio Committee on Water and Environmental Affairs (the Portfolio Committee) in the Parliament
of the Republic of South Africa will be holding public hearings on the National Environmental
Management: Protected Areas Amendment Bill, 2013. The Committee invites all interested stakeholders
to submit written comments on the subject matter not later than 13 September 2013. Public
hearings are targeted for the third or fourth term of Parliament. Specific dates and times will be provided
after the deadline has been met.
Kindly note that the Portfolio Committee retains the right to regulate its own proceedings, including the
right to decide whether to allow oral representations in respect of any submission, and the format,
procedure and duration of any oral representation.
All written comments appropriately referenced as “Protection of South Africa’s most valuable
assets: marine protected areas” should be addressed to Ms Tyhileka Madubela, Committee Section,
Parliament of RSA, PO Box 15, Cape Town 8000. Electronic submissions can be made at:
tmadubela@parliament.gov.za or hand-delivered at Room 0/88, 3rd Floor, 90 Plein Street, Cape Town.
For enquiries, contact Ms Madubela, on 021 403 3713 or 083 304 9586.
Issued by Adv. Johnny de Lange, M.P.: Chairperson: Portfolio Committee on Water and
Environmental Affairs on 14 August 2013
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