In this investigation, a review is undertaken of the newly promulgated and existent
legislation pertaining to the conservation of biodiversity, and the establishment of
protected areas as the primary means to protect representative samples thereof. This
review develops understanding of the various types of protected areas which may be
used, in a broad sense, to conserve the country's biodiversity, with special reference
being made to the recently promulgated Protected Areas Act. In undertaking this, a
detailed discussion of biodiversity, trusteeship and the concept of systematic planning
and irreplaceability is generated. Cursory comment and discussion in a socio-political
context, in particular regarding land reform, as well as the various international
obligations and commitments the country has undertaken, is made.
Despite South Africa being the third most biologically diverse country globally, it is
concluded that the conservation of its biodiversity has had a troubled and undirected
history. The establishment of protected areas, as a result, has been ad hoc and potentially
ineffective at a national scale. The source of this observation is linked directly to the
absence of a structured and co-ordinated framework that supports the fulfilment of the
country's international commitments to conserve biodiversity. The promulgation of the
Biodiversity Act and subsequently the Protected Areas Act, has brought into playa
significant step forward in developing this co-ordinated framework. The Act clarifies and
brings effect to the State's trusteeship as well as providing a platform for the participation
of a wider range of role players, especially previously disadvantaged and land
dispossessed communities, in conservation and protection of biodiversity. This
participation includes conserving biodiversity for economic, social, and cultural reasons.
The absence of meaningful incentives for private and communal landowners to
voluntarily conserve biodiversity, and the significance ofthis, is also discussed.
Finally a consideration is given of the secondary aim of this legislation, to simplify the
statutes concerning the conservation of biodiversity and particularly those pertaining to
protected area establishment. This simplification is only partially achieved as a number of
protected areas are still not at all or partially regulated by the Protected Areas Act. This
may be a source of confusion and uncertainty. / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ukzn/oai:http://researchspace.ukzn.ac.za:10413/157 |
| Date | January 2005 |
| Creators | Blackmore, Andrew Craig. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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