Transcript Legislation continued

Agriculture Portfolio
Committee Briefing
2 March 2010
The Proclamation
• The Proclamation was signed by both Ministers
(DAFF & acting DEA Minister) and the Deputy
President on 29 January 2010.
• The Proclamation was Gazetted on 10 February
2010
• The transfer of the functions will however only
take effect on 1 April 2010.
• Transfer of functions takes place in terms of
section 97 of the Constitution.
Functions: Environment and Fisheries
DEPARTMENT OF ENVIRONMENTAL
AFFAIRS
DEPARTMENT OF AGRICULTURE,
FORESTRY & FISHERIES
Integrated Coastal Management Act, including Management
of
Fisheries
(Commercial,
Coastal Planning and control of vehicles in the Recreational & Subsistence, including TAC/TAE
coastal zone.
Determination)
Marine Pollution.
Marine Protected Areas.
Research to be split.
Estuaries.
Management
of
Non-consumptive
marine Harbours
resources (Boat-based Whale Watching and White
Shark Cage diving, protection of turtles, seabirds
and seals, sea shells)
Functions: Environment and Fisheries
DEPARTMENT OF ENVIRONMENTAL
AFFAIRS
DEPARTMENT OF AGRICULTURE,
FORESTRY & FISHERIES
Support Services:
Support Services:

Legal

Legal.

IT

Facilities Support.

Facilitation Support

Communications

Communication

IT

Customer Services Centre.

Stakeholder Engagement & Outreach.
Enforcement capacity
Enforcement capacity to be split
Marine Living Resources Fund
(including setting of fees and levies).
Broader
Marine
Biodiversity
and
Oceans Fishery Management Areas & Priority fishing
Research.
Areas
Emergency
Emergency
Consultative Advisory Forum
Legislation related to the Environment
and Fisheries
ACT
DESCRIPTION
Sea-Shore Act, 1935 (Act No. 21 of 1935).
Declares the President to be the owner of the
sea-shore and the sea within South Africa’s
territorial waters and regulates the granting of
rights and alienation thereof, reclamation etc.
(To be repealed by the Integrated Coastal
Management Act.) This is and environmental
Act which focuses primarily on non-living
resources and the protection and management
of the seashore.
REGULATIONS
Regulations concerning the sea-shore of the
union of South Africa GN 1720 of 2 September
1955
DESCRIPTION
General regulations for the management of the
seashore including the removal of sand, rock
etc from the seashore and the charging of fees
relating thereto.
Provides for general matters relating to the
seashore.
Regulations relating to the control in general of
the sea-shore and the sea GNR 2513 of 5
December 1980
Legislation continued
ACT
DESCRIPTION
Sea Birds and Seals Protection
Act, 1973 (Act No. 46 of 1973).
Provides for control over certain islands and rocks for the
protection and conservation of seabirds and seals. This is an
environmental Act as its focus is protection and conservation of
these species. The conservation focus renders it environmental.
Dumping at Sea Control Act, 1980 Regulates the control of dumping substances at sea. (To be
(Act No. 73 of 1980).
repealed by the Integrated Coastal Management Act.). It is an
environmental Act strictly regulating disposal of waste and
pollution in the marine environment.
Regulations made in terms of
section 8 of the dumping at sea
control act GNR 1135 of 17 June
1988
ACT
Provides for the process for permitting dumping activities at sea.
Sea Fisheries Act, 1988 (Act No.
12 of 1988).
Largely replaced by the Marine Living Resources Act, but
retained the provisions relating to the imposition of levies and the
collection of certain non-living marine resources specifically
shells. While the levies are fisheries related, section 38 which
regulates the collection of shells is environmental as it limits the
amount that can be removed from the seashore to reduce
impact.
DESCRIPTION
Legislation continued
Antarctic Treaties Act, 1996 (Act No.
60 of 1996).
Provides for the implementation of certain treaties relating to
Antarctica. The treaty is primarily concerned with the regulation
of activities in , including territorial claims, research and strict
environmental protection in general and the protection of
certain identified species such as seals. It also contains
provisions relating to environmental impact assessment,
disposal of waste, prevention of marine pollution and
declaration of special protected areas, all of which clearly fall
within the environmental mandate.
There is only one convention under the Antarctic Treaty system
which relates to fisheries – the Convention on the Conservation
of Antarctic Marine Living Resources (CCAMLR). This
convention relates to conservation and compliance measures
which need to be implemented by contracting parties. As these
conservation measures are implemented by fisheries
managers, this convention should be shared by both
departments.
REGULATIONS
General regulations relating to the
permitting of catching Antarctic marine
living resources GNR 980 of 18 July
1997
DESCRIPTION
Prohibits the catching of any Antarctic marine living resource
protected by the conventions without a permit. This is both an
environmental and fisheries regulations.
Legislation continued
Marine Living Resources Act, 1998
(Act No. 18 of 1998).
Deals with the long-term sustainable utilisation of marine living
resources and the orderly access to exploitation, utilisation and
protection of certain marine living resources in a fair and
equitable manner to the benefit of all South African citizens. It is
primarily fisheries focused with the exception of MPAs and nonconsumptive activities which are regulated by regulations under
this Act.
REGULATIONS
Regulations in terms of the Marine
Living Resources Act GNR 1111 of 2
September 1998
DESCRIPTION
These are general regulations for all fishing sectors, fishing harbours
and mariculture. With the exemption of a couple of regulations on
MPAs and pollution the entire set of general regulations is fisheries
related.
Provides for zonation and control of activities in the marine protected
areas. Declares the MPA and restricts where fishing, vessels and
other activities can take place. These regulations are primarily aimed
at conservation and protection of the marine environment.
Regulations for the management of
the Table Mountain Marine Protected
Area, GN 695 of 4 June 2004
Regulations for the management of
the Aliwal Shoal Marine Protected
Area, GN 697 of 4 June 2004
Provides for zonation and control of activities in the marine protected
areas. Declares the MPA and restricts where fishing, vessels and
other activities can take place. These regulations are primarily aimed
at conservation and protection of the marine environment.
Legislation continued
Regulations for the
management of the
Pondoland Marine Protected
Area, GN 694 of 4 June 2004
Provides for zonation and control of activities in the marine protected areas.
Declares the MPA and restricts where fishing, vessels and other activities can
take place. These regulations are primarily aimed at conservation and
protection of the marine environment.
Regulations for the
management of the Bird
Island Marine Protected Area,
GN 696 of 4 June 2004
Regulations for the
management of the Still Bay
Marine Protected Area, GN
1108 of 17 October 2008
Regulations to manage boatbased whale-watching and
protection of turtles, GNR 725
of 4 July 2008
Provides for zonation and control of activities in the marine protected areas.
Declares the MPA and restricts where fishing, vessels and other activities can
take place. These regulations are primarily aimed at conservation and
protection of the marine environment.
Provides for zonation and control of activities in the marine protected areas.
Declares the MPA and restricts where fishing, vessels and other activities can
take place. These regulations are primarily aimed at conservation and
protection of the marine environment.
General protection and conservation measure for whales and dolphins and
promotes the growth of the boat-based whale-watching industry and to
redress past racial and gender discrimination in this industry; provides for
control of the boat-based viewing of whales and dolphins, so that these
activities may take place in a manner that does not threaten the safety of
individuals or the wellbeing of the whales and dolphins; and provides for
control over the viewing of turtles to protect and minimise any adverse impact
on turtles.
These regulations are environmental, but also have a limited socio-economic
focus. They regulate the industry to minimise impacts on marine mammals
many of which are both domestically and internationally protected, but are a
source of limited socio-economic benefit as they provide limited economic
opportunities for people along the coast.
Legislation continued
Regulations for white shark cage diving,
GNR 724 of 4 July 2008
General protection and conservation measure for white sharks
and promotes the growth of the white shark cage diving industry
and redresses past racial and gender discrimination in this
industry; provides for control over diving to view white sharks or
the boat-based viewing of white sharks, so that these activities
may take place in a manner that does not threaten the safety of
divers or the wellbeing of the white sharks; and provides for
control over the number of white shark cage diving operations in
order to manage any adverse impact on white shark behaviour
and to protect white sharks. Similar to boat-based whale
watching they provide limited economic opportunities.
Regulations to protect wild abalone,
GNR 62 of 1 February 2008
Enables the implementation of the emergency suspension of the
abalone fishery and establishes measures for the protection of
wild abalone to promote the recovery and rebuilding of the wild
abalone resource. These are fishery regulations
Declaration and Management of Marine
Protected Area GN 473 of 29 May 2001
Declaration of an MPA for the protection and conservation of
Southern Right Whales in the bay during their breeding season.
These are environmental regulations with the exclusive aim of
protection of a specific species.
Declaration of Areas as Marine Protected Declares multiple MPAs and provides for certain restrictions on
Areas GNR 1429 of 29 December 2000
fishing, protection of marine mammals and regulates other nonconsumptive activities. These are conservation regulations as
they protect certain sensitive marine environments and limit
activities therein.
Legislation continued
ACT
DESCRIPTION
National Environmental Management:
Integrated Coastal Management Act,
2008 (Act No. 24 of 2008).
Establishes a system of integrated coastal and estuarine
management in the Republic; ensures that development and
the use of coastal resources within the coastal zone is socially
and economically justifiable and ecologically sustainable;
determines the responsibilities of organs of state in relation to
coastal areas; controls dumping at sea and pollution in the
coastal zone; and gives effect to South Africa’s international
obligations in relation to coastal matters.
It is a specific environmental management Act and falls under
the framework of NEMA and is therefore an environmental Act.
Prince Edward Islands Act, 1948 (Act No. To provide for the confirmation of the annexation to the Union of
43 of 1948)
South Africa of the Prince Edward Islands, and for the
administration, government and control of the said islands.
REGULATIONS
Control of vehicles in Coastal Zone GN
1399 of 21 December 2001
Marion Island and Prince Edward Island are two separate
islands but are referred to as the Prince Edward Island group.
Gough Island is another Island that belongs to the UK but is
leased by SA (infrastructure on the island is ours).
DESCRIPTION
These regulations deal with the control of vehicles in the
coastal zone and licensing of boat launching sites. The
regulations are made under the National Environmental
Management Act, 1998 (Act No. 107 of 1998) and fall clearly
under environmental mandate.
Split Process
1.
2.
3.
4.
Broad DPSA Guide used for NMOS process
Confirmation of Grouping of Functions
Analysis of MCM establishment
Ring-fence functions (line) & determine proportion for
split
•
•
CD Resource Management – Andre Share - Fisheries
CD: Integrated Coastal Management – Razeena Omar –
Environment – (Harbours to Fisheries)
CD Research – Johan Augustyn – Fisheries- (Biodiversity
Research , Antarctica and Islands to Environment)
CD Monitoring, Control and Surveillance – S Leseke – Fisheries –
(Compliance with Environmental laws & regulations –
Environment)
•
•
Split Process cont.
1. Splitting Support Functions proportionately
(Research, Enforcement, Finance, Legal, HR,
IT, Communications & facilities)
2. Splitting Admin Support Posts per Directorate
proportionately
3. A summary of Management Posts Split
4. Total Figures for the New Two (2) Departments
5. Outline of implementation process
Implementation of Split Process
• Splitting of budgets (personnel & operations)
– already done with Treasury
• Work streams established & team leaders
appointed already
What still needs to be done?
• Finalise staff to be transferred & transfer
them
• Transfer assets
• Finalise accommodation
• Finalise transitional arrangements
What still needs to be done?
•
•
•
•
Change management & labour relations
IT system integration
MOA’s for shared services
Delegations
Thank You