Subcouncil resolution details

Subcouncil 11

Agenda item no

11SUB 8/2/2020

Subject

DRAFT NATURE RESERVE BY-LAW PUBLIC PARTICIPATION PROCESS

Meeting date

Wednesday, February 19, 2020

Resolution

Noted

Date closed

Friday, February 28, 2020

Resolution detail

DRAFT NATURE RESERVE BY-LAW PUBLIC PARTICIPATION PROCESS

Ms Stacy Michaels informed the Subcouncil Members that the purpose of the report is to introduce the by-law to the Subcouncil and to notify Subcouncil of the public participation process for the Draft Nature Reserve By-law, commencing 01/02/2020 till the 29^th February 2020.

Nature Reserve By-law – Mandate

City’s protected areas have recently been proclaimed in terms of the National Environmental Management: Protected Areas Act (the NEMPAA).

The City is the designated management authority.
The Nature Reserves are subject to the Norms and Standards for the Management of Protected Areas that are gazetted in terms of the NEMPAA.

Importantly;

Section 8 of the NEMPAA Norms and Standard requires the Management Authority to ensure that legislation is effectively enforced within a protected area through regulations and internal rules and that protected areas have a law enforcement programme and that protection systems are in place.

The Nature Reserve By-law – Summary

What the bylaw will do:

Assist the City to fulfil its role as the designated Management Authority
Promote the sustainable use of and access to City nature reserves

Create a safer environment for visitors and staff

What the bylaw will not do:

No new reserve staff will be needed as a result of the bylaw
No new tariffs or charges are proposed in the bylaw
No existing lawful activities will be prohibited by the bylaw

We aim to place Cape Town at the forefront of marine and environmental enforcement and compliance at a local government level, ensuring Cape Town’s natural heritage is protected and regarded as an asset by Cape Town residents and visitors.

Ald. Antonio van Rheede informed members that enforcement is operative in calm areas and crime ridden areas enforcement is not an issue jobs need to be created e.g. peace officers and law enforcement officers.
Cllr Lazola Gungxe informed the members that the department has a shortage of staff and limited resources Previous tariffs allow accessibility to all City Communities, promote locals to participate. International visits to the nature reserve should not disadvantage South Africans to be accommodated and By-law be aligned with the National Legislation, i.e. National Environmental Protected Areas Act
Cllr A Moses informed members that poachers steel birds at Edith Stephens and Law enforcement and Peace officers are needed to issue fines. He agreed that submission be made.
Cllr Y Plaatjie informed members that Edith Stephens Nature Reserve was raised at the Portfolio Committee and the Portfolio Committee will organize a site visit and will request the Portfolio Chairperson to invite Subcouncil 11 members.
Cllr M Nqavashe informed members the public participation process is noted and Subcouncil submit treat to nature reserve invasion and collect evidence of consequences of burglaries at Monwabisi resort. There is a trend to target private land and Wetlands are being invaded. He advocated that vehicles dumping on private land need to be impounded and penalties be included in the By-law.

RESOLVED

Subcouncil Accept the contents of the Draft Nature Reserve By-law as presented per Annexure A

The Subcouncil requested that comments made at the Subcouncil meeting be taken into account and agreed to provide additional comments as per the commenting guide lines presented (Annexure B) on the Draft Nature Reserve By-law during commenting period.

.

Action: Arne Purves; Stacy Michaels