Document: White Paper on National Environmental Management of the Ocean (2014) (South Africa)

• Jurisdiction: South Africa
• Citation: 2018 JOLGA 116
• Published date: 14 April 2020
• Pages: 116-148
• Date: 14 April 2020
• Author: Unavailable

116

WHITE PAPER ON NATIONAL

ENVIRONMENTAL MANAGEMENT

OF THE OCEAN1

EXECUTIVE SUMMARY

South Africa is a maritime nation with jurisdiction over one

of the largest exclusive economic zones (‘EEZs’) in the world.

Our ocean space is a resource-rich and relatively pristine

environment. The ocean represents a significant asset for

current and future generations of South Africans. The use of

various marine resources in our ocean space has increased

over time and there remains significant potential for the

unlocking of further economic development opportunities.

As such South Africa needs to continuously balance the

economic opportunities which our ocean space affords us

while maintaining its environmental integrity. The challenge

for South Africa is how best to encourage research, investment

and use of our ocean resources in order to contribute to job

creation and economic upliftment while at the same time

protecting the ocean asset for present and future generations.

This responsibility is made difficult because we only have

a partial picture and understanding of the marine space and

resources under our jurisdiction. There are significant gaps in

our ocean knowledge which hampers effective planning. This

is a challenge faced in varying degrees by all maritime nations

and there is increasing global cooperation to better understand

the ocean in order to promote sustainable use.

South Africa has passed a number of environmental

statutes which give effect to the environmental rights in our

Constitution. The general statutory framework provided by

the National Environmental Management Act, 1998 (NEMA),2

and associated supporting legislation envisages a high degree

of cooperative governance between organs of State pursuing

economic development and those tasked with environmental

responsibilities. For some years now, the general approach

1 Published under GN 426 in GG 37692 of 29 May 2014. The document

has been adapted to the Journal’s editorial style and the footnotes have

been added. The illustrations contained in the document have not been

included.

2 Act 107 of 1998.

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White Paper on National Environmental Management of the Ocean 117

has been to follow sectoral management strategies with clear

environmental guidelines. There is a growing recognition that

this sectoral approach does not allow for maximising economic

opportunities, ensuring environmental protection or increasing

our understanding of the ocean space. This recognition has

led many maritime States to adapt their ocean management

approaches to better coordinate, monitor and regulate human

use in their maritime zones. It has been clearly demonstrated that

the adoption of a coordinated sectoral management approach

to the ocean space can support and stimulate both economic

and environmental sectors. South Africa is fortunate in that

the existing environmental regulatory framework has already

identified the need for coordinated sectoral management.

This White Paper sets out an approach whereby South Africa

can, in the short term, increasingly accommodate coordinated

sectoral management within the existing statutory framework.

The White Paper envisages the simultaneous preparation

of ocean environmental legislation aimed at improving

the regulation and coordination of the management and

development of South Africa’s ocean.

Six ocean governance objectives have been identified,

namely:

1. coordinating and supporting the implementation of the

relevant statutory and institutional frameworks;

2. establishing mechanisms for sectoral data collection and

sharing;

3. creating and maintaining a shared national knowledge

base on the human activities, status and functioning of the

ocean;

4. establishing integrated ocean sustainable development and

conservation ocean plans by the undertaking of strategic

environmental impact assessments and the use of spatial

planning tools;

5. enhancing national human and technical capacity to better

understand and utilise ocean resources and opportunities;

and

6. pursuing regional and international cooperation and

governance mechanisms.

South Africa’s ocean environmental management policy is

comprised of four sequential and interdependent themes. Nine

identified strategic priorities under each of the themes will be

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118 JOURNAL OF OCEAN LAW & GOVERNANCE IN AFRICA

pursued concurrently. The themes form a coherent reinforcing

sequence and the implementation of the identified strategic

priorities will underpin the shift towards coordinated sectoral

management. These themes and associated strategic priorities

are:

Ocean environmental information

Strategic Priority 1.1: Facilitate improved adherence with

the ocean environmental reporting

requirements contained in NEMA and

associated domestic legislation.

Strategic Priority 1.2: Enhance research, monitoring and

conservation of ocean ecosystems while

supporting sustainable development

opportunities.

Ocean environmental knowledge

Strategic Priority 2.1: Produce information tools to facilitate

knowledge and understanding of eco-

nomic potential, the natural functioning

of ecosystems, human impact on the

ocean environment and the promotion of

sustainable development opportunities.

Strategic Priority 2.2: Establish agreed ocean ecosystem thres-

holds using the best available infor-

mation.

Strategic Priority 2.3: Provide knowledge to promote sus-

tainable development while main-

taining the integrity of the ocean.

Ocean environmental management

Strategic Priority 3.1: Provide timeous information on trends

and extremes in ecosystem and earth-

system functioning to improve responses

to extreme weather events and inform

adaptation measures.

Strategic Priority 3.2: Promote the conservation, protection

and rehabilitation of ocean ecosystems

including habitat and species.

Strategic Priority 3.3: Establish biodiversity management

plans for ecosystems and species.

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