In this investigation, a review is undertaken of the newly promulgated and existing legislation relating to the conservation of biodiversity, and the establishment of protected areas as the primary means of protecting representative samples thereof. 7Thereby maintaining or facilitating confidence in the land market of South Africa and the commitment to economic growth of the beneficiaries, region and South Africa.
AN UNDERSTANDING OF THE TERM BIODIVERSITY
CONSERVING BIODIVERSITY
REASONS FOR ESTABLISHING PROTECTED AREAS
40The indifference to the conservation of biodiversity dates back to the Constitution drawn up before the establishment of the Union of South Africa (31 May 1910). 58 Andrew Blackmore (in preparation) The protection of the South African coastline, with a particular focus on marine protected areas.
SECURING OF IMPORTANT BIODIVERSITY ELEMENTS
Facilitate a greater long-term understanding of neighboring communities in the economic development of the protected area. Finally, areas may be considered for inclusion in a protected area if they have no additional value beyond increasing the security of the conservation assets by;.
INTERNATIONAL CONVENTIONS
LEGAL FRAMEWORK
ENVIRONMENTAL CONSERVATION LEGISLATION
An example of this scenario is shown in the collapse of the seventy-four (Polysteganus undulosus). This principle ensures the recognition of the knowledge that the environment and especially some elements in it.
BIODIVERSITY CONSERVATION LEGISLATION
BIODIVERSITY PLANNING AND MONITORING
PROTECTED AREA ESTABLISHMENT
LEGAL CONTEXT AND TYPES OF PROTECTED AREAS
Biosphere Reserve
- Forest Protected Areas
- Lake Areas
- Marine Protected Areas
- South African Islands
- Mountain Catchment Areas
- National Botanical Gardens
- Special Nature Reserves, Wilderness Areas and Protected Environments
- National Parks and Nature Re serves
- Cultural Protected Areas
Until the promulgation of the Biodiversity and Protected Areas Act, Ramsar sites did not enjoy protection under the various protected area statutes. 359 Repealed by Protected Areas Amendment Act.' Regulation will take place in accordance with the Protected Areas Act and the National Parks Act 57 of 1976. 362 When promulgating the Protected Areas Bill, the amendment will be administered in accordance with the provisions of the Protected Areas Act.
365 The Protected Areas Act will apply to the provincial protected areas that form part of the national network of protected areas. The MCAA views fire as the primary tool for managing and conserving the catchment. Protected environments, defined in § 28 of the Protected Areas Act, are in principle the most useful type of protected areas for preserving both natural and cultural heritage4 3.
Sixty-seven percent of protected areas in KwaZulu-Natal can become national parks under the administration of the National Parks Authority. Bontebok National Park (see note 211) would not be a national park within the meaning of the provisions of the Protected Areas Act. Under the National Heritage Resources Act469 and the KwaZulu-Natal Heritage Act470, a Minister or MEC can declare a protected area471.
Before the proclamation of the Protected Areas Act, the World Heritage Convention Act490,491 was the only South African statute that provided for the establishment of a protected area which. It is at this stage that the Minister will be obliged to establish and proclaim the protected area in terms of the World Heritage Convention Act.
CONSERVATION PARTNERSHIPS
SPATIAL CONTEXT FOR THE EXISTING PROTECTED AREAS
EXPANSION OF
The Nature Conservation Board introduced the concept of Local Boards to advise and direct the management of protected areas in KwaZulu-Natal.506. The value that local communities can bring to conservation management and the importance of recognizing their contributions as a means of incorporating indigenous knowledge systems into conservation management and biodiversity conservation, and in line with international best practice trends, 507 is recognized in the Protected Area Act. through the provision of 'Co-Management Agreements'. The purpose of co-management agreements is to provide a mechanism for the legitimate importation of expertise in protected area management, as well as empowering the conservation agency to create partnerships particularly in relation to those issues involving the use and management of state assets (e.g. eg game).
Protected natural or managed by the state • World Heritage Sites Environment with a title of trust.
COMMUNITY
CONCLUSION
It was concluded that the new legislation does provide a much-needed structured framework for biodiversity conservation in South Africa. Standardizing the types of protected areas and the circumstances under which they can be declared provides greater flexibility for provincial and national conservation agencies. This allows conservation authorities to declare new and reclassify existing protected areas using more appropriate categories. This observation is particularly true of the category of national parks, which has been retained for the exclusive use of the National Park Board. Absent a hierarchy of protected areas, the Protected Areas Act ensures that all protected areas contribute equally to the national network of protected areas and, last but not least, to the national framework for biodiversity conservation.
There has been a simplification of the legislation governing the declaration and management of protected areas. First by the exclusion of marine and forest protected areas from most of the provisions of the Protected Areas Act, and secondly by the observation that the Protected Areas Act does not take into account the full extent of protected areas that can be declared in South Africa. Thus, in certain circumstances, the Protected Areas Act may introduce additional confusion when clarity is sought.
Both the Biodiversity and Protected Areas Acts bring to South African jurisprudence an appropriate definition of state stewardship of biodiversity and a practical implementation framework for fulfilling this role. However, it is found that the provisions in both Acts and especially in the Protected Areas Act are used to preserve biodiversity by providing tangible benefits in terms of tourism revenue, strengthening and raising rural capacity, greater provision of critical environmental services and natural products, or greater protection fundamental phenomena of cultural heritage. In this case, the absence of meaningful incentives for private and communal landowners to ensure and preserve biodiversity on their lands is considered a significant shortcoming in the enforcement of state stewardship.
BIBLIOGRAPHY BOOKS
Trevor Sandwith; Clare Shine; Lawrence Hamilton and David Shepard 'Transboundary Protected Areas for Peace and Cooperation' World Commission on Protected Areas. WR Siegfried 'Conservation of species in South African nature reserves' In: Biotic Diversity in Southern Africa: Concepts and Conservation BJ Huntley (editor) Oxford University Press Cape Town (1989). Key Findings of the State of the Marine Environment Report for Australia's Great Barrier Reef Marine Park Authority for DEST, Ocean Rescue 2000 Program (1995).
JOURNAL ARTICLES
Quoted in Earl Joseph and Dick Parris 'Isions of Change: Social Ecology and South African National Parks' Development Communication Corporation (2000). RM Cowling; RL Pressey; M Rouget; AT Lombard 'A conservation plan for a global biodiversity hotspot – the Cape Floristic Region' South African Biological Conservation 112 (2003). P. Goldblatt "An Analysis of the Flora of Southern Africa: Its Characteristics, Relationships and Origin" Annals of the Missouri Botanical Garden.
Jones and Stokes Associates 'Sliding Toward Extinction: The state of California's Natural Heritage California' Nature Conservancy, Sacramento (1987). Sam Kariuki and Lucien Van Der Walt 'Land Reform in South Africa: Still Waiting' Southern Africa Report Archive. CR Margules; RL Pressey and PH Williams "Representing Biodiversity: Data and Procedures for Identifying Areas for Conservation" J.
Guy R Preston; William R Siegfried and Rachael P Wynberg 'Attitudes and policies of conservation department directors in South Africa towards the protection of biological diversity'S Afr J Wildl Res. Serbian Process; Richard M Cowling and Ladislav Mucina 'Species area curves based on survey data for the Cape Floristic.Region' South African Journal of Science 99 (2003). P Ticco 'A comparative analysis of multiple-use coastal and ocean management techniques in marine protected areas Coastal Zone' In: OT Magoon Proceedings of the Eighth Symposium on Coast and Ocean Management New Orleans, Louisiana (1993).
INTERNATIONAL AGREEMENTS
STATUTES
REGULATIONS
WHITE PAPERS
White Paper on Sustainable Coastal Development in South Africa (2000) Department of Environmental Affairs and Tourism Cape Town. White paper on conservation and sustainable use of South Africa's biological diversity N/1 095 Statstidende no.
BILLS
DEPARTMENTAL DOCUMENTS
GOVERNMENT GAZETTES
CASES
UNPUBLISHED ARTICLES
INTERNET PUBLISHED ARTICLES
Convention on Migratory Species: Migratory species that need international cooperation to survive http://www.cms.int/documents/appendix/cms app2.htm. Foundations for MOD for Seabirds in South Africa and Namibia (ZA 5039) http://www.panda.org.za/prev marine projects.htm Accessed 15 December 2004 United Nations Integrated Regional Information Networks (IRIN) and Coordination for Humanitarian Affairs (OCHA) http://www.irinnews.org.
Robert Smith 'An Introductory Guide to Conservation Planning in Maputaland, South Africa' (2004) http://www.mosaic-conservation.org/maputaland. Ramsar Info Pack: Criteria for the Identification of Wetlands of International Importance http://www .ramsar.org/aboutinfopack5e.htm. United States Department of Agriculture, Natural Resource Conservation Service website at http://www.nrc s.usda.go v/programs/whip/.
Liam Wagner and Hugh Possingham 'Marine Reserve Design and Optimal Inter-Reserve Distance Spacing' http://www.maths.uq.edu.au/-Idw/marinepaper.pdf. Ian Whyte; Harry Biggs; Angela Gaylard and Leo Braack 'A proposed new policy for the management of the elephant population of the Kruger National Park' http://www.parke-. Co-management of protected areas http://www.iucn.org/themes/wcpa/wpc2003/pdfs/outputs/recommendations/approved/.
CONFERENCE PAPERS
Frank Vorhies 'Incentives for Biodiversity' Paper presentation for the IUCN Workshop on Incentives for Biodiversity: Sharing Experiences Montreal, Canada (1996). Tomme Young 'Political and Institutional Arrangements for the Development of TBCA International Environmental Law as Support and Assistance for the Creation of TBCAs' ITTO/IUCN International Workshop on Increasing the Effectiveness of Transboundary Conservation Areas in Tropical Forests (2003) on 2. 1 Hanks and CAM Attwell 'Financing Africa's Protected Areas Vth World Parks Congress: Sustainable Finance Stream' Durban South Africa (2003).
Simon Metcalfe 'Natural Resources in the Context of Sustainable Use' Report to the Southern African Sustainable Use Specialist Group (2002). Thembela Kepe; Rachel Wynberg and William Ellis reconcile 'Land reform and biodiversity conservation in South Africa: do the poor stand a chance?' Presented at SAUSUG Paarl (2002).
PERSONAL COMMUNICATIONS
UNPUBLISHED PAPERS
RJ Smith;PS Goodman;WS Matthews and N Leader-Williams 'Systematic land use planning: a review of perceived problems and actual benefits, illustrated with a case study from Maputaland, South Africa'.
DATABASES