BIODIVERSITY LEGISLATION AND ENVIRONMENTAL PROTECTION: PRESENTATION JOINT CONSTITUTIONAL REVIEW COMMITTEE 9 JUNE 2006

AREAS OF DISCUSSION

1. CONSTITUTION (ACT No 108 of 1996)

2. NATIONAL ENVIRONMENTAL MANAGEMENT ACT (ACT No 107 of 1998) (NEMA)

3. NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (ACT No 10 of 2004) (NEMBA)

4. PROVINCIAL LEGISLATION

5. CLOSING REMARKS


CONSTITUTION

Section 24

everyone has the right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that

· prevent pollution and ecological degradation;

· promote conservation; and

· secure ecologically sustainable development and use of natural resources while

· promoting justifiable economic and social development;

NEMA

1. Purpose

· provide for cooperative environmental governance by establishing principles for decision making on matters affecting the environment

· provide for the prohibition, restriction and control of activities which are likely to have a detrimental effect on the environment

· provide for matters connected therewith.

2. Principles

· The social, economic and environmental impacts of activities, including disadvantages and benefits, must be considered, assessed and evaluated, and decisions must be appropriate in the light of such consideration and assessment

NEMA (ii)

· Decisions must take into account the interests, needs and values of all interested and affected parties, and this includes recognising all forms of knowledge, including traditional and ordinary knowledge

3. Administration

· Department of Environmental Affairs and Tourism.

4. Implementation

· The provincial authorities

NEMBA

1. Purpose

· Provide for the management and conservation of biodiversity within the framework of NEMA

· The protection of species and ecosystems

· Sustainable use of indigenous species

2. Draft Regulations on threatened or protected species

· Establishes a permit system

· Prohibits issuing of permits for "canned" hunting

· Permit application will also be informed by whether a captive breeding facility is registered

NEMBA (II)

· Prohibits use of:

· Poison

· Snares and traps

· Dogs

· Spears

· Any other device that could injure or kill an animal in a way that is inhumane

· Use of artificial luring agents

3. Draft norms and standards relating to the hunting industry in SA

· National guidelines for provinces to use when assessing a permit application for hunting

· Defines "humane" i.r.t. listed animal species

NEMBA (III)

· Prohibits hunting in protected areas and adjacent areas

· Prohibits hunting of damage causing animals

· Provides for accreditation of hunting organisations

· Establishes norms and standards for ethical conduct and good practice

· Prohibits "canned" hunting practices (e.g. luring by bait, use of sound, etc)

4. Administration

· Department of Environmental Affairs and Tourism

5. Implementation

· Provincial authorities

PROVINCIAL LEGISLATION: Mpumalanga Nature Conservation Act

1. Establishes lists of game and other species

2. Prescribes the hunting of game

3. Prohibits the use of specific weapons and use of certain devices unless specifically allowed by means of a permit

4. Prescribes the conditions of keeping wild animals

· Daily food

· Clean drinking water

· Adequate water for bathing

· Adequate provision to sleep

· Adequate enclosure, kept clean and hygienic

· Avoid unnecessary disturbance

PROVINCIAL LEGISLATION: Mpumalanga Nature Conservation Act(II)

5. Establishes regulations on:

· Actions when animal is wounded

· Conditions for appointing a professional hunter

6. Administration and implementation

· Mpumalanga Provincial Authority

CLOSING REMARKS

1. Environment protected in terms of Constitution and national and provincial legislation

2. Animal welfare regulated in terms of Animals Protection Act - administered by DOA and implemented by NSPCA

3. Animal welfare issues addressed in terms of biodiversity conservation legislation at national and provincial level