MPAs and the law

Global and regional treaties and frame workshelp to provide an impetus to the establishment and management of MPAs and No Fishing Zones. These can be used to: achieve consensus on definitions and minimum global standards; secure commitment to MPAs; promote effective implementation of existing agreements; and ensure effective monitoring and reporting.

More importantly, attempts to protect marine environments and manage the use of marine resources are influenced by two fundamental aspects of humankind’s relationship with the oceans: our lack of knowledge about them, and widespread open access to them. The establishment of a marine protected area almost always requires the drafting and adoption of appropriate supportive legislation. Marine area protection has sometimes been accomplished through existing legislation that regulated other uses; for example, programmes for marine fisheries, forestry (of mangroves), and land use(of barrier islands and salt marshes). Yet, experience has shown that laws established specifically for land areas do not usually address the specific characteristics of marine and coastal environments, or the peculiarities of their use. It should be noted that in the past some MPAs might have been set up before legislation was passed but this state of affairs is not sustainable.

By definition, the designation of an area as an MPA will restrict activities, which will ultimately call for some degree of enforcement and such measures are impossible in the absence of a legal framework that recognizes the authority vested in the managers of the MPA.

Marine and coastal habitats may be protected individually or through national or regional systems of marine protected areas (MPAs). The success of either depends on the existence of appropriate legal frameworks, acceptance by coastal communities, an effective and well supported management system, and the delineation of areas so their boundaries are clear and they can be treated as self-contained units.
There are several pieces of legislation that are of particular relevance to MPAs. H

Here are brief descriptions:

Download the Act Here!

The South African Constitution (adopted in 1996)

Guarantees basic human rights and provides guiding principles for society. The rights and obligations in the Constitution are relevant to each person and community in South Africa. This Constitution, unlike those in many other countries, recognises that a healthy environment is a basic human right.

The right to an environment that is not harmful to health or well-being (section 24(a))
Everyone has this right and can make a case in a court if this right is not respected.

The right to have the environment protected (section 24(b))
Government must take steps to protect the environment by making laws that:
  • prevent pollution and damage to the environment;
  • promote conservation;
  • balance economic, social and environmental development.

Building a future in which humans live in harmony with nature.

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