South Africa: Select mangrove laws

A variety of laws impact mangrove management and protection in South Africa. Some are highlighted below.

Integrated Coastal Management Act, 2008 (No. 24 of 2008), Preamble(right to environmental protection in coastal zone); Sections 1(coastal wetlands include adjacent mangroves), 1.3(public trust), 1.4(right of access), 16-17 and 22(coastal protection zone), 21(coastal management must be “in the interests of the whole community”), 56-57(zoning and coastal planning), 65(regulating coastal public property), 69-70(incineration, coastal discharges), 68(revoking coastal authorizations); Chapters 4(estuary management) and 6(integrated and cooperative coastal management); see also A User-friendly Guide to the Integrated Coastal Management Act of South Africa

National Environmental Management: Biodiversity Act (Act 10 of 2004), Section 52-55(listing national threatened and protected ecosystems), 56-57(listing threatened and protected species)

National Forests Act (Act 84 of 1998), Sections 12-16(protected tree declarations; four of the six species of mangroves present in South Africa are listed as protected pursuant to this authorization https://www.gov.za/sites/default/files/gcis_document/201912/42887gen635.pdf); Sections 8(protections for indigenous trees), 17(controlled forest areas), 19(individuals’ right to reasonable access to State forests)

Marine Living Resources Act (No.  18 of 1998), Sections 16-17 and 19(authority to suspend fisheries, take other actions to protect fisheries); see 20 MPAs created in 2019 https://www.environment.gov.za/mediarelease/20marineprotectedareas_declared, https://www.environment.gov.za/sites/default/files/docs/operationphakisaMPAs.pdf

National Water Act (No. 36 of 1998), Part 3 and Section 6(recognizing human and environmental water needs or “the Reserve” and the government’s obligations regarding these requirements), Sections 12-15(classifying water resources), 19(polluter pays principle)

Constitution of the Republic of South Africa, 1996, Section 24(environmental rights)

Date of the Resource: 
2020
Countries and Regions: Sub-Saharan Africa South Africa
Resource Type: Laws
Resource Topic: Wetlands Mangroves
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