Regulations in terms of the World Heritage Convention Act, 1999 in connection with the Greater St. Lucia Wetland Park (Notice No. R. 1193 of 2000)

o 0 [1’’”” “’1 .,,, ., Regulation Gazette No. 6930 Regulasiekoerant :“ ~. vol. 42!5 PRETORIA, 24 NOVEMBER 2000 No. 21779 — t —— 11 (c) rWe d have the power to prevent (IIDS I i Prevention is the cure p!—— -——-==-=-—.——..-——— —.—- —-—-.—----.——— ——,——-. . . . . ..-——— +—J———.. .— R ,/, --.>, ( ,) STAATSKOERANT, 24 NOVEMBER 2000 No. 2{ 77!3 3 GOVERIWENT NOTICE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM No. R. 1193 24 November 2000 WORLD HERITAGE CONVENTION ACT, 1999 REGULATIONS IN CONNECTION WITH THE GRF/ATER ST. LUCIA WETLAND PARK The Minister of Environmental Affairs and Tourism has, under section 44 of the World Heritage Convention Act, 1999 (Act 49 of 1999) made the regulations in the Schedule. 4 No. 21779 GOVERNMENT GAZET”TE. 24 NQVEMSER 2000 SCHEDULE REGULATIONS IN TERMS OF THE WORLD HE’RITAGE COhWENTION ACT, 1999 IN CONNECTION WITH THE GREATER ST. LUCIA WETLAND PARK Definitions 1. Unless the context clearly dictates otherwise, terms defined in the Act and used in the Regulations shall have the same meaning as in the Act and the terms below shall have the following meaning: “Act” means the World Heritage Convention Act, 1999; “ .Authority” means the Authority for the GSLWP established by Government Notice No. 4477 of 24 November 2000; “Board” means the Board for the Authority; “Chief Executive Officer” or “CEO” means the person referred to in regulation 1 l(l) who shall be in charge of the Executive S*QIT Component and responsible for the day-to-day management of the GSLWP; “commercial activities” mean, subject to the provisions of the Management Agreement, all activities which are capable of being conducted within or in connection with the GSLWP and are of an income producing or commercial nature; and which shall include, but not be limited to tourism; provided that such activities are associated with the conservation of the GSLWP and (a) do not cause the material permanent destruction of renewable or non renewable resources within the GSLWP other than as permitted in the Management Agreement or the IDMP; and (b) where applicable, have been approved by the competent authority after an environmental impact assessment; “conservation” means the management of a conservation system of wild animals, flora and fauna, including, without limitation, on land, water and ‘at sea, in a manner so that the GSLWT shall be retained as far as may be practical in its natural state and for the benefit and enjoyment of the community and visitors; “ GSLWP” means the Greater St. Lucia Wethmd Park as proclaimed by the Minister to be a World Heritage Site by Government Notice No. 44’77 of 24 November 2000; “ IDMP” or “Integrated Development Management Plan” means the integrated management plan in terms of Chapter IV of the Act.; “Management Agreement” means the agreement entered into pursuant to regulation 18; “ MEC” means the Member of the Executive Council in KwaZulu-Natal responsible for (a) economic develo~ment and tourism or (b) am-iculture and environmental affairs (or both), as–-= .,” STAATSKOERANT, 24 NOVEMBER 2000 No. 21779 5 ., the case may be; “Regulating Committee” means the Regulating Committee established in Regulation 19; ‘%x-vice” means the Nature Conservation Service established by the KwaZulu Natal Na e [ Conservation Management Act 9 of 199? for the purpose of these regulations her in represented by its Board; “Tourism Authority” means the KwaZulu-Natal Tourism Authority established by e KwaZulu-Natal Tourism Act 11 of 1996; Objectives 2.(1 ) These Regulations recognise that (2) (a) (b) (c) (d) the Greater St. Lucia Wetland Park is situated in one of the poo est areas of South Africa; 1 there is a limited window of opportunity in which responsi le development can be effected in the Greater St. Lucia Wetland Park by way of tourism; tourism has the potential to contribute greatly to the fulfillment of e f objectives of the Act and the well-being of the people of the Repu lic and KwaZulu-Natal; and the Act creates the framework to ensure that the Greater St. Lqtia Wetland Park be managed, protected and developed in a m er 7 consistent with South Africa’s obligations under the Conventi n, international best practice and the principles of co-opera .ve government set forth in Chapter 3 of the Constitution; In accordance with the Act’s commitment to balanced conservation d~ development, the primary objectives of the GSLWP are to- 1 (a) ensure that effective and active measures are taken for the protecti n, rconservation and presentation of the World Heritage Convent on values in the Greater St. Lucia W etland Park; (b) promote the empowerment of historically disadvantaged adjadent communities; (c) promote, manage, oversee, market and facilitate optimal tourism nd related development in the Greater St. Lucia Wetland Park; and r (d) encourage sustained investment and job creation. I 6 No. 21779 Government’ GAZETTE. 24 NOVEMBER 2000 . (3) The objectives of these Regulations are to (a) (b) (c) (d) (e) (f) (g) 0-0 (i) 0) (k) provide for the environmental and cultural protection and sustainable development of, and related activities in and around the GSLWP; give effect to the values of the Convention in and around the GSLWP; ensure that the Convention and the Operational Guidelines are effectively implemented in and around the GSLWP, subject to the Constitution and the provisions of the Act and the Regulations; promote, manage, oversee, market and facilitate tourism and related development in connection with the GSLWP in accordance with applicable law, the Convention and the C)perational Guidelines in such a way that the ecological and cultural integrity of the GSLWP is maintained; ensure that everything done in terms of the Regulations conforms with the obligations of the Republic in terms of the Convention and the Operational Guidelines in relation to the GSLWP; ensure the identification and transmission to Mure generations of the cultural and natural heritage of the GSLWP; ensure that effective and active measures are taken for the protection, conservation and presentation of the natural and cultural heritage of the GSLWP; encourage investment and innovation in connection with encourage job creation in connection with the GSLWP; the GSLWP; promote the development of environmentally, culturally and, if applicable, economical y sustainable projects in connection with the GSLWP; and promote empowerment and advancement of historically disadvantaged adjacent communities in projects related to the GSLWP. Procedure for entering into agreements 3. Any agreement or series of agreements referred to in section 13(1)(g) of the Act to be entered into by an Authority (a) in excess of Rand 10 million (annually adjusted for inflation, using 2000 as the basis year); and/or b) for a term longer than 20 years requires the prior written approval of the Ministe~ STAATSKOERANT, 24 NOVEMBER 2000 No. ~1779 7 Duties of Authority 4. )Incomection witithe GSLWand tiaddition totieduties insectionl3(2 of the Act, the Authority shall have the duty to (a) (b) (c) (d) (e) (8 develop measures for the environmental and cultural protection d r sustainable development of, and related activities within and in connection with the GSLWP and to ensure that the vaIues of the Convention are given effect to, including, without limitation, in relation to harmful activities outside the GSLWP such as ham@ farming, harmful forestry, pollutio~ harm to the catchment areas of the GSLWP and land degradation; I oversee the GSLWP in accordance with the Act and the Convention I without limitation to the sources of funding available to the Autho tity and the CJSLWP, take effective and active measures to be financi~ ally efilcient and independent and commercially viable; establish and implement, in addition to the Integrated Developm .ent Management Pkm, related subordinate plans, including, without limitation precinct plans, wilderness areas and other approprate designations; and in connection with land governed by the KwaZulu-Natal Ingony~ .ma Trust Act, 1994 (Act No. 3 of 1994), ensure that such lani. is administered in accordance with that Act, including that (i) such land is administered for the benefit, mate rial welfare and social well-being of the members of the tribes within whose jurisdiction such land falls; and (ii) no rights in land will be granted over such land without the written consent of the relevant tribal authority; provided that a tribal authority may provide its consent in a single written instrument for more than one such grant of rights; and 4as soon as is practicable, endeavour to seek to simplifi the legal re “me applicable to the GSLWP and have the GSLWP governed by the fewest number of regulatory instruments; provided that such I@gal instruments shall be of the highest possible legal standing. Criteria for Appointments to the Board 5(1 ). The Board shall include representatives from (a) the Service; and (b) the Tourism Authority. 8 t’dO. 21779 GOVERNMENT GAZETTE, 24 NOVEMBER 2000 (2) The Board may also include, without limitation, representatives fi-om (a) (b) (c) (d) (e) (f) (g) (h) (i) 6) (k) national Government; provincial government departments and conservation and heritage authorities; directly affected adjacent communities and organised business; provincial cultural, tribal authorities; public and private nature conservation bodies; cuitural organisations; non-governmental organisations; scientific or academic expert bodies; local authorities; private landowners; and international cultural or nature conservation bodies. nature Composition of Board 6.(1 ) The Chief Executive Officer shall be an ex oficio Board member. (2) (3) (4) (5) (6) (7) Persons may be appointed or seconded to the Board by the Minister in accordance with the Act for a period of 3 years or such shorter period as the Minister determine. Different periods of appointment maybe determined for different appointments. may On the expiry of a term of appointment, that person may be re-appointed by the Minister. Appointments may, at the discretion of the Minister, be made on a part time or agency basis. In the event of a vacancy on the Board for any reason, the Minister may, subject to the provisions of the Act, appoint a person or persons to fill such vacancy for a period determined by the Minister when making such appointment; provided that if such vacancy arises within six months from the invitation process set forth in section 14 of the Act, the Minister may fill such vacancy from the names presented to the Minister as part of that nomination process. A Board member may at any time and upon giving no less than 30 days notice to the Minister resign as a Board member. STAATSKOERANT, 24 NOVEMBER 2000 No. 41779 9 (8) The Minister may remove a Board member if good cause exists to do so, inch “rig, without limitation 1 (a) infirmity of mind or body preventing a Board member from discharging his or her duties properly; (b) conduct which brings the Board and/or the Authority into disrepute; (c) the existence of an undisclosed conflict of interest; and (d) absence horn three consecutive Board meetings without good cause shown. Chairperson and vice-chairperson of Board 7. The Minister shall appoint the chairperson and vice-chairperson of the B ard who may not be a member of the Executive Staff Component. / Meetings of Board 8.(1) Meetings of the Board shall be held on such dates and at such times and pl~ces (2) (3) (4) as the Board may determine from time to time by resolution, but the B@rd shall meet at least once every three months and the first meeting of the Board shall be held at such place and time as the Minister in consultation wit the chairperson designate may determine. / The quorum for a meeting of the Board shall be a majority of the total nu ber of Board members appointed at that time, but, where no quorum is prese t for the second successive meeting of which proper notice was given, the nu ber of members then present shall constitute a quorum even if that number i less than a majority of the total number of Board members at that time. In the event of the equality of votes of the Board, the chairperson shall h ve a casting vote. 1The Board may invite, in its discretion, members of the public and the edia to attend a meeting of the Board. 1 Conflicts of Interest of Board 1 9.( 1) Where in relation to a matter being investigated, acted, considered or oted upon by the Board, a member of the Board has any interest which preclu es or could preclude that member from performing his or her fhnctions as a m ber in a fair, unbiased and proper manner, that member shall not particip te in such investigation, action, consideration or vote and shall take no fix-the part in that matter. (2) Any disclosure of a conflict of interest shall be recorded in writing. 10 No. 21779 GOVERNMENT GAZETTE, 24 NOVEMBER 2000 , (3) If a member fails to comply with the preceding two sub-Regulations, the relevant actions of the Board shall be null and void, except if such failure did not alter the action of the Board in any manner. Conditions of service and remuneration of Board 10. The conditions of service and the remuneration of the members of the Board are as set out in Armexure 1 as amended by regulation] from time to time by the Minister with the concurrence of the Minister of Finance. Executive Staff Component 11.( 1) The Executive Staff Component shall be under the control and supervision of the Chief Executive Officer. (2) (3) (4) (5) (6) (7) Persons shall be appointed to the Executive Staff Component by the Board upon the recommendation of the Chief Executive Officer in accordance with the Act on a contract basis or otherwise for such period as the Chief Executive Officer may determine, including, without limitation, on a temporary basis or pursuant to an agency or secondment arrangement, Different periods of appointment may be determined for different appointments. On the expiry of a term of appointment, that person may be re-appointed by the Chief Executive Officer. Appointments may, at the discretion of the Chief Executive Officer, be made on a fill time or a part time basis, but where a person is appointed on a fill time basis, he or she may not, without the prior written permission of the Chief Executive Officer engage in or perform remunerative work outside the duties of his or her office as Executive Staff Component member. The provisions of and the directives, rules and policies made under the Public Service Act, 1994 (Proclamation 103 of 1994) shall not apply to the Executive Staff Component, but the conditions of employment and remuneration of the members shalI be as set out in Annexure 2 as amended by regulation born time to time by the Minister with the concurrence of the Minister of Finance. The Chief Executive Officer may remove an Executive Staff Component member if good cause exists to do so, including, without limitation (a) infirmity of mind or body preventing an Executive Staff Component member horn discharging his or her duties properly; (b) conduct which brings the Executive Staff Component andlor the Authority into disrepute; (c) the existence of an undisclosed conflict of interest; STAATSKOERANT, 24 NOVEMBER 2000 No.21~79 11 (d) dereliction of duties; and I (e) 1absence horn three consecutive Executive Staff Component meetngswithout good cause shown. (8) The Chief Executive Officer may establish such ad hoc or permanent. committees as may be reasonably necessary for the proper functioning of’ the i Authority, including, without limitation, community committees or si ilar structures to ensure the active participation of affected surroun ing communities. Conflicts of Interest of Executive Staff Component 12. The provisions of Regulation 9 shall apply nwtatis mutandis to the Executive Staff Component. I Executive Staff Component meetings 13. Meetings of the Executive Staff Component shall be held on such dates d at 1 such times and places as the Chief Executive Officer may determine fi-om ime to time; provided that a meeting shall be held at least once a month. Interim management Regulations I 14(1) Until the Chief Executive Officer is appointed pursuant to section 17(2) o the [Act, the day-to-day management and fimctioning of the Authority shall v st in the Department of Environmental Affairs and Tourism or such delegates as that Department may determine (this may be referred to as the “ Int+aim Authority” ). (2) All existing planning measures in comection with the GSLWP shall rem “ in [ force until the Integrated Development Management Plan for the GS WP becomes effective in accordance with the Act: provided that where such existing planning measures do not exist or are less comprehensive th the interim planning measures set forth in Annexure 3, the measures in km xure 3 shall apply as if they were part of the Integrated Development Manage ent Plan for the GSLWP. (3) As soon as is practicable after the establishment date, the Authority m y, if applicable, ratify the actions of ! (a) the Committee referred to’ in clause 8 of the Memorandu of Understanding published in Notice 2611 of 2000 of Gove + ent Gazette number 21391 dated 21 July 2000; and (b) the Department or its delegates acting pursuant to sub-paragraph [1). 12 No. 21779 GOVEPINMEN~ GAZETTE, 24 NOVEMBER 2000 Sources of funding of Authority 15. ‘Subject to applicable law, including, without limitation, the Public Finance Management Act, 1999 (,4ct “No. 1 of 1999) (to the extent that it is applicable), the Authority may receive and raise monies ilom (a) contract for goods and services; .Y. (b) loan; (c) donor finding fi-om inside or outside the Republic; (d) interest; (e) joint venture income; (f) fees, including, without limitation, fees related to (i) turnover; or (ii) rights granted by the Authority; or (iii) services provided by the Authority; (g) sale income; (h) income from the development or lease of the assets under the control of the Authority; (i) subsidies from any organ of state; or 0) appropriation by Parliament or a provincial legislature. Financial Regulations 16.(1 ) Without limiting any duty under applicable law, including, without limitation, the Public Finance Management Act, 1999 (to the extent that it is applicable), the Act or the Regulations, financial statements required to be prepared ardor submitted in terms of the Act or the Regulations shall be compiled and presented in sufficient detail to afford a clear and complete understanding of the affairs and financial position of the Authority and, where applicable and practicable, shall comply with the applicable relevant provisions of the Public Finance Management Act, 1999 and generally accepted accounting practice. (2) The annual financiaI plan pursuant to section 36 of the Act must include, without limitation, details regarding the (a) projects and activities for the ensuing financial year and their estimated cost, sources of finding and ptxlormance indicators; and STAATSKOE.RANT, 24 NOVEMBER 2000 No. 217?3 13 (b) budgeted financial statements foreach quarter of the ensuing ye in 1 accordance, to the extent that it is applicable, with section 53 of he Public Finance Management Act, 1999, comprising (i) (ii) (iii) (iv) (v) (3) The strategic an income and expenditure budget; a cash flow budget; a budgeted balance sheet; I notes explaining data in the foregoing; and other information reasonably necessa~ to impart a clear understanding of the annual financial plan and the key assumptions on which it is premised. I plan pursuant to section 37 of the Act must include, witl~out limitation, (and without derogating fi-om the need to harmonise the strat$gic pkm with other applicable planning measures, such as the integ+ed management plan) details regarding the (a) nature, extent, mission and objectives of the Authority; (b) identity and qualifications of Executive Staff Component; (c) staffing plan, organisational responsibilities; the members of the Board and I the chart and divisional functions land (d) significant projects and their estimated cost, sources of funding ~ and performance indicators; and (e) financial projections for each of the ensuing five years. I (4) The Authority shall open and keep a bank account or accounts, including, without limitation, a trust find for accepting donor funding and similar purposes, with investment grade (or higher rated) financial institutions registered as a bank under the Banks Act of 1991. Transfer of employees 17. &y person may be transferred or seconded agreed terms, including, without limitation, agreement. Management Agreement to the Authority on contrac~ally by way of any agency or similar 18.(1 ) In accordance with the principles of co-operative government set fo h in !Chapter 3 of the Constitution and in order to avoid institutional overla and ensure the optimal use of resources and qualified institutions in relation tp the GSLWP, the Regulating Committee members shall enter into a legally bidding 14 No. 21779 GOVERNMENT GAZETTE, 24 NOVEMBER 2000 Management Agreement within three months of the establishment date which shall clearly specifj the roles and responsibilities of the Authority, the Service and other stakeholders that may become signatcmies to the Management Agreement; Provided that if the members of the Regulating Committee fail to reach consensus on the terms of the Management Agreement, the Minister shall determine the terms thereof afier considering representations from the Regulating Committee. (2) Without derogating from the scope of the Management Agreement set forth elsewhere in the Regulations, and subject to the principles set forth in sub-regulation (3), the Management Agreement shall deal, without limitation, with: (a) matters to give effect to the Act and the Regulations; (b) the transfer of assets and obligations to and fi-om the Authority including, without limitation, the timing, cost and revenue sharing arrangements in connection with such transfers; (c) implementation and execution of the Integrated Development Management Plan for the GSLWP; and (d) assistance with regulatory processes and approvals in connection with the GSLWP. (3) Subject to all applicable law, the division of institutional responsibility pursuant to the Management Agreement shall be pursuant to the following principles (a) the Service shall be responsible for (i) conservation management; and (ii) regulatory enforcement related to conservation; (b) the MEC shall be responsible for regulatory policy related to conservation and oversight; and (c) subject to the Management Agreement, the Authority shall be exclusively responsible for commercial activities and related planning and zoning, including, but not limited to: (i) the provision of accommodation and activities for visitors to the GSLWP; ( i i )carrying on business or trade primarily for the convenience of visitors to the GSLWP; (iIi) construction and erection of such roads, bridges, buildings, structures, fences and related work as may be necessary in connection with 1 commercial activities; STAATSKOERANT, 24 NOVEMBER 2000 No. 21 79 15 19.(1) (iv) (v) (vi) (vii) (viii) I making such fees and charges as it may determine in connection T ith its activities; @horising any person to carry on, subject to ‘such conditions and the payment of such charges as it may deem -fiL any activity in connection with commercial activities in the GSLWP; marketing; but will make reasonable efforts to ensure that all: its marketing efforts are co-ordinated with the Tourism Authority; research and development; and local economic empowerment; and may do all things which are necessary to ensure that the Regulations and the Management Agreement are complied with. (4) Nothing in paragraph 3(c) shall be construed as a limit on the Authority’s abili~ to agree contractually with reputable, skilled and adequately resourced third partie for I the filfilment of the Authority’s fictions or duties; provided that the ulti ate responsibility for any matter so agreed remains with the Authority. (5) The Management Agreement shall be subject to such policy and norms and stan ards as the Minister may prescribe horn time to time pursuant to section 44(3) of the A t. GSLWP Regulating Committee 1 In order to assist the Authority and in accordance with the principles of co operative government set forth in Chapter 3 of the Constitution, the Authority shall establish the GSLWP Regulating Committee comprising of- 1 (a) (b) (c) (d) the Chief Executive Officer of the Authority who shall also b~ the chairperson of the Regulating Committee and have a casting v te in $case of a deadlock: Provided that until the Chief Executive Offi er is appointed, regulation 14( 1) shall apply and the person so earmarked by the Department of Environmental Affairs and Tourism shall act as the interim Chief Executive OfficeC the chief executive officer of the Service on behalf of the ME for agricultural and environmental. affairs and the Service; r the chief executive officer of the Tourism Authority on behalf of the MEC for economic Authority; and another representative the Minister. development and tourism and the Tourism appointed from time to time at the discretion of 16 No. 21779 GOVERNMENT GAZETTE. 24 NOVEMBER 2000 (2) The Regulating Committee shall be responsible for (a) the negotiation and executicm of the Management Agreement; and (b) once the Management Agreement is effective, ruling finally on any disagreement, dispute, question of interpretation or similar matter that may arise from the Management Agreement between the parties to the Management Agreement in the manner determined in the Management Agreement. (3) The Management Agreement shall provide, without limitation, the roles and responsibilities of the members of the Regulating connection with the GSLWP in relation to Committee in (a) an appropriate mechanism to deal with the ongoing interaction between the members of the Regulating Committee; (b) the quick and final settlement of all disputes that may arise in connection with the Management Agreement; provided that any dispute that can not be so resolved within the time period set forth in the Management Agreement (which shall not exceed 21 days) will be referred to the MEC and the Minister for final resolution; (c) the time, manner and place of meetings of the Regulating Committee; (d) finding of the Regulating Committee; and (e) standing delegation to and by the members of the Regulating Committee. Time, manner and form of complying with technica[, administrative and reporting requirements of the Convention 20. The Authority shall provide an annual written report to the Minister within 90 days of the end of each financial year in which detail is provided on how the Authority has assisted the Department in a timely marmer to comply with technical, administrative and reporting requirements of the Convention in connection with the GSLWP. Date of commencement of Regulations 21. These Regulations shall commence on the date of publication in the Government Gazette. — STAATSKOERANT, 24 NOVEMBER 2000 No. 2 1 7 7 9 1 7 Annexure 1 1. Board members shall be remunwated for their services in accordance with the directives issued from time to time by the Department of Finance. 2. Board members shall be reimbursed for the reasonable cost of travel to and from Board meetings and other reasonable expenses incurred in the performance of their duties. —.— . , ——. 18 No. 21779 GOVERNMENT GAZETTE, 24 NOVEMBER 2000 I Annexure 2“ 1. Subject to Section 27 of the Constitution and other applicable law, the service conditions of employees of the Authority shall be regulated by written contract and such contractual measures may deal, without limitation, with the following: 1.1. Probation periods not exceeding 6 months. 1.2. Medical examinations, reference checks and other applicable background information. 1.3. Whether the appointment is pexmanent or temporary. 1.4. Salary and other remuneration, in accordance with the applicable guidelines, if any, from the Department of Finance. 1.5. Employee benefits, if any, including 1.5.1. Medical aid 1.5.2. Pension I 1.5.3. Housing allowance I 1.5.4. Travel allowance I 1.5.5. Entertainment allowance. 1.6. Conditions of service. 1.7. Overtime payment, if any. 1.8. Vacation. 1.9, Confidentiality. 1.10. Discretionary bonuses and other incentive payments. 1.11. Manner of payment. 1.12. Disciplinary Code and Procedure. 1.13. Intellectual property. 1.14. Employment outside the GSLWP Authority. 2. Subject to the Act, all potential and actual conflicts of interest must be disclosed by members of the Executive Staff Component. STAATSKOERANT, 24 NOVEMBER 2000 No. 21 79 19 I r ..——. ‘I&i% Use Zones within-the GSL WP]. — - - -— —---— —-— ——. —-...—- . + w“ , . .—. I L, LEGEND I . Mat. ~0~, ● SReS i Towns 1c) Park Dev,lcwnen NcdeVISITORS USE Z NESNiammslmvtea use Zone L.. Ce”tiy & Mode<#. C9.SZIY H@l lnlensly ~ Khula Wage 20 NO, 21779 GOVERNMENT GAZETTE, 24 NOVEMBER 2000 —.-—— P---l I ;--l I a =w , B /(” CL 0° 1 0° % 0° /,0° c “ lwJ/ ) /,/ —.— . STAATSKOERANT, 24 NOVEMBER 2000 No. 21779 21 Annexure 3 ~ Interim Planning Measures I Zoning for Tourism The foregoing figure entitled “Visitor Use Zones within the GSLWP” illustrates the visitor use Zones for the G S L W P . I The essential concept underlying the zonationfiamework for the GSL WP is that it provid tfor afill spectrum ofpark usage rangingfiom high-densip recreation to a true wildernes experience. The nomenclature, description of setting and key characteristics for each of these zoning categories are presented below: Unmodified Natural Environment (Wilderness Zone) (This may be equivalent to proclaimed Wilderness Zones or Wilderness Areas, but may al o include areas not designated as such but which provide the highest quality natural setting. 1 Description of Setting: A landscape, natural in all respects, where the focus is on the protection of biodiversity a d 1 ecosystem processes. Human presence is temporary and associated impacts are transient. Recreational use is limited to the lowest intensity, and the range of activities and visitor numbers are restricted. wilderness quality experience is possible in this environment. Key Characteristics: The characteristics of this zone include the existence of a natural landscape; strict protectim; I no structures; use of in situ natural materials; stone cairns; no alien vegetation; access on oot or horseback; low intensity and transient use; and the availability of wilderness expenenc s. Largely Unmodified Environment (Limited Use Zone) Description of Setting: A landscape which is natural in most respects, with the exception of certain minor strut es ~ which enhance access or mitigate environmental impact. The focus is on the protection f biodiversity and ecosystem processes. Recreational usage is low in density and the focus is on offering an exclusive high quality experience. Key Characteristics: I Key characteristics include the existence of natural landscape; mitigation of impacts; the use natural materials; low recreational use; no self-guided vehicle access and no upgrade roads. The area provides a near wilderness experience with access limited to no motolised boat , foot trails and 4 x 4 tracks. ‘ I 22 No. 21779 GOVERNMENT GAZETTE, 24 NOVEMBER 2000 Partly Modified Environment (Low Density Use Zone) Description cfsetfing: A natural landscape which is predominantly unmodified, with the exception of some recreational and management structures including roads. This is zone is characterised by the existence of natural landscapes; isolated alien vegetation clumps; controlled use of a low intensity; active mitigation of impacts; natural resource use; and low key structures such as hides, picnic sites and bush camps. It offers nature experiences and self guided vehicle areas on upgraded roads. Modified Environment (Moderate Density Use Zone) Description of setting: The landscape is partially transformed, but, with management, a largely unmodified natural setting may be restored. Management efforts are directed towards restoration. Roads maybe provided for two-wheel drive vehicle access. There may be evidence of alien plant encroachment, but measures to eradicate these plants must be included in the management pIan. Key Characteristics: This zone comprises a partially modified landscape containing natural areas, evidence of past non-conservation uses, focus on facility-based recreation and upgraded game viewing roads, bush camps, hides, picnic sites, self guided walks and self guided 2 x 4 game drives. It allows moderate to high use intensity, management irdlastructure, and nature experiences. Highly Modified Environment (A High Density Use Zone) Description ofsetting: Preferably located on the periphery of a protected area, but may, due to past land use, be located as an island within the protected area. Non-invasive alien plants maybe permitted, but measures to eradicate invasive alien plants must be included in the management plan. Sights and sounds of man, vehicles and infrastructures are readily evident and the concentration of users is often high. The High Density Use Zone in the GSLWP is essentially an amplification of the Park Development Node, as described below. K“ey Characteristics: This zone is characterised by a variety of non-conservation and conservation land uses but the em~hasis is on recreational and leisure developments. Recreational land uses could include a. residential component and a service centre. Concepts and principles of urban planning, rather than pure protected area planning apply to this zone. STAATSKOERANT, 24 NOVEMBER 2000 No. 21779 23 Park Development Node Description of setting: I Natural landscape which could include concentrated nature-based activities in a landscaped setting. Views should be of less modified settings. Frequent human or mechanical sounds could characterise such a setting. Key Characteristics: I This zone comprised a landscaped recreation area which may contain facilities such as restaurants, swimming pools, tennis courts, children’s playgrounds, management infrastructure, lawns and landscaped gardens. Character$tics include substrate modification and extensive management of impacts. l%is area provides a comfortable and safe nature experience of mture and includes campsites, rest camps, interpretation centres and game capture facilities. Conservation Zone Description of setting: I Rural settings outside statutory protected areas. These may include community conservati nb areas and biosphere reserves. This zonation falls outside the core protected area and is characterised by extensive non 4 conservation, mixed land uses comprising mainly agriculture, including extensive livesto k grazing, cultivation and settlement, and appropriately zoned pockets of low-key, facility based recreational development. In most instances, the biophysical resource base is ~ extensively modified with only remnant patches of indigenous vegetation remaining. Key Characteristics: This zone is characterised by conservation and non-conservation uses, such as agriculture \ settlemen~ and facility-based recreation. It is extensively modified and provides coun@y ide and cultural experiences. The Framework (Marine) This zonation framework is contained in the Management Plan for the Maputaland Marine Reserve and comprises 3 different types of zones (sanctuary, restricted and controlled acc which are described separately for the inshore and offshore environment. The activities permitted in each zone are detailed below : Offshore Zonation (from the low water mark to 3 nautical miles out to sea): Offshore Controlled Access Zones (C) Location: “ 5-lh4ile Reef (inci.) to Red Sands = Leven Point (excl) to Cape Vi&l 24 No. 21779 GOVERNMENT GAZE”rl’E, 24 NOVEM13ER 2000 —~— Permitted activities: Scuba-diving (code of conduct applies, i.e. no use of gloves) Snorkeling (code of conduct applies) Boating (DOT registered) Pelagic fishing (except at 2-mile reef= only in waters >30m) Spearfishing (except at 2-mile reef= only in waters > 18m, only pelagic gamefish) Research (by scientific permit) Educational tours (by permit and non-extractive, e.g. whale watching, dive trails) lWtpermitted:Bot tom fishing Offshore Restricted Zones (B) Location: “ N13 Point (incl.) to Botelier Point (incl.) ‘ Dog Point (excl) to 7-mile (incl.) Permitted activities (under special permit only, limited numbers, concession basis): Limited scuba-diving (only advanced divers, numbers limited, code of conduct applies) Snorkeling (code of conduct applies) Boating (DOT registered) Pelagic fishing Spearfishing (pelagic gamefish onIy) Research (by scientific permit) Educational tours (non-extractive, e.g. whale watching, dive trails) Permit system: The issue of special permits for these zones is controlled and administered by OiC’s, MMR and SLMR. The permits are specific to the Maputahmd Lucia Marine Reserves, and are obtainable locally. Not pernzitted:Bottom fishing Offshore Sanctuary Zones (A) Location: “ Mozambique border to NI 3 Point (exd) = Botelier Point (excl) to Dog Point (incl.) = Red Sands to Leven Point (incl.) and St S1”AATSKOERANT, 24 NOVEMBER 2000 No. 217” Permitied activities: ‘ Boating: Vessels at sea within the three nautical mile limit offshore: 0 have the right of passage 0 may not be in possession of any fish m parts thereof may not stop for any reason, other than an emergency (e.g. sinking) Not permitted: Scuba-diving Snorkeling Pelagic fishing Spearfishing Educational tours (by permit and non-extractive, e.g. whale watching, dive trails) All forms of extractive use, including bottom fishing Collection of bio~ marine products (shells) and rocks/sand, etc Inshore Zonation (from the base of the dune to the low water mark): Inshore Open Access Zones (C) Location: ■ 9-mile to Red Sands ‘ Leven Point (excl) to Cape Vidal (incl.) Permitted actz”vities: Educational tours Research Scientific permit) Snorkeling in rock pools and shallow subtidal Walking on beaches and rocks Rock and surf angling Controlled beach driving T9 25 Not permitted: ‘ Harvesting of intertidal organisms Inshore Restricted Zones (B) 26 No. 21779 GOVE. RN MEN r GAZETTE, 24 NOVEMBEFi 2000 Location: ● Fi31 rocks (incl.) to Kozi mouth (incl.) ~ ■ N 13 (excl) to Botelier Point (excl) ● 9-Mile to Dog Point (excl) Permitted activities: ■ Educational tours ■ Research (scientific permit) ■ Snorkeling in rock pools and shallow subtidal ● Walking on beaches and rocks Rock and surf angling Notpernzitted (except under special permit): = Harvesting of intertidal organisms m Vehicles on beaches Inshore Sanctuary Zones (A) Location: “ Kozi mouth (excl) to Mozambique border ■ N13 Point(incl.)toN31 rock ledge (excl) “ Dog Point (incl.) to Botelier Point (incl.) ‘ Red Sands to Leven Point (incl.) Permitted activities: ■ Educational tours (turtle walks, wilderness trails) ‘ Research (scientific permit) ■ Walking on beaches ■ Rock and surf angling Not permitted (except under special permit): I ● Harvesting of intertidal or shallow subtidal organisms (benchmark no-use zones north of Mabib{ to be identified in consultation with community) “ Walking on rocks ■ Vehicle on beaches (except for essential official travel) STAATSKOERANT, 24 NOVEMBER 2000 No. 21779 2“7 . . . . . . . . . Identified;” To;risrn-”Development Sites ● within the GSL WP ,., ,/ MacMac Pass d@--f-=-v Ndumu Game Reserve , / Tenth Elephant ; Res&ve (. \ ,L \\ \ \\ b ‘) Mkuze \ ‘\, Game R-ewe \4MKUZE HUNT CAMP-. . . . . FIGURE : MAKA WULENI LA KE ~onta dO o“r~ ~ f-–- THRELFALL / v jj {~ KOSI 6A Y CAMP -, NKO VAKENI /#J1 ‘Manguzl ‘(la: .! B A N G A NEK Y AMANZ@AMA CAMP “’-y’” J+ :kWAOAPHA cAMp ! 5 j’ ,/1 I I /1j ., . . R O C K T A I L B A Y j ; ‘ ti -–+ L-ALANEK/,,, !, ,,> \ J$(“ ; ‘sLANDROcKG ?- /+fAB/B/ .A{c*”~...NEM,LELE SIB~ YA SOUTH ) ! // ,’ ,,>h4b+w j;. MNGOBOZELENI [ SOD WANA,.>6 MUZI PAN EAS~ . /“~ 6. ~-- Y+”’--’ ‘T A B E N D’ v --- -.~ ‘, ‘i>- - ,!..T::: L ) ’ LOWER KuZEf ..; { ‘--- YENGWENI PAN \. ~+() /-’ HIuhfu we J /! ~>,; FALSE BAY CA G - - - . :“ FALSEBAYBLIWf++--- , , : ~1 “:~ti ~’,,BHANGOIHERITAGE NDLOZ,PENINSULA ~(”-””-~; ~ , ,, ,;’ CAPE VIDA L BHANGAZI \~ <)’ If d LAKE VIEW FANIES LSLANO ‘7 -( ,~’ , PERRIERS ROCK $ C H A R T E R S C R E E K -- ““- ‘‘ >+’ -~RTHERNSTLLIC,A MPATE RIVER l;zpd;: 4/ VILDGE ‘-~.... . . . . ~ . . : NONtw::::BEND ,! - - - d INDONYA ,/ ‘~”’ J’ P ‘/ - ~t,”c,a ~l,a,:TuAR” “Ew KHULA G A T A Y L4KE FUTULUti ‘/{ — m , . -. > Dukudu ) Matu~fuba Sh9te F o r e s t ~ MA PELANE I LEGEND I I GSLLW I < G*LW ‘A&M H., !,,q, Me I Ksmmt C4 Gr.”rc.nwnla ,-., ,-, ., L . .-. wan am T&.m - . 28 No. 21779 GOVERNMENT GAZETTE, 24 NOVEMBER 2000 Sites that are suitable for tourism development, subject to environmental impact assessments —— SITE SITE UPPER UPPER EXISTING EXISTING BED LIMITS DEVELOPMENTS BEDS ‘NMWE - CATEGOR LIMIT ON ON FOOT PRINT INCL. Y BEACH CAMPING ..— 1 Cape Vidal - Beach Development 5 0 0 + ‘1500 Self catering Units / 445 Site t node beds camping—.— — . . 2 Cape Vidal - Bhangazi Medium 100 da Self catering Units 82 site beds 3 Lake View NCS Mgt Medium to 200 n/a Picnic Site Base] large beds 4 Perners Rock Small 80 beds 50 —— DWAF Chalet 5 Northern St Lucia Development 500+ nla Croc Farm/ Camping/ NCS Mgt Village t node beds Facl 6 Estuary View Medium to 300 nia Abandoned NPA large beds Workshop 7 Honeymoon Bend Medium to 300 n/a Picnic Site large beds— . 8 Eden Park Campsite Medium 100 nla camping 120 beds 9 Sugarloaf CampsiZ Medium to 200 nla camping 552 large beds. . . 1 Iphiva Camp Site Medium to 200 nla Education centre 474 0 large beds 1 Mapelane Medium to 200 750 Self catering Units / 474 1 large beds camping. ‘—— Medium to 4 0 0 –I K.hulalGateway n/a No existing foot print 3 2 0 – 2 large beds [ Indonya - [NCS Mgt Medium to 200 nla NCS Mgt Facilities 3 Base] large beds [ Mpat;River Very Small 40 beds nla No existing foot print 4 Confluence [ Charters Creek Development 400 beds nla NCS Mgt Facilities & 59 5 t node Self catering Units [ Fanies Island—— Medium 100 nla As above 151 6 beds [ Ndlozi~eninsula x 2 Medium x 2 200 nia SANDF Base 7 beds L False Bay Camping Medium 100 nla NCS Mgt Facilities& 216 8 Site beds camping False Bay Bush Camp Small 60 beds nia Bush CZUIIP 16 9 ——— Mantuma Camp Medium 200 nla NCS Mgt Facilities & 101 0 beds Seif catering Units————-. . ; Mkuze Hunting Camp Small 60 beds n/a Bush camp 8 1 — . . ; Lower Mkuzi Medium to 2~0 beds nla — . NCS Out post& 2 large borrow pit.———— —. -—— .— - - — — .——— r Muzi Pan East ‘“- Medmm to 200 — . n.la No existing foot print 3 large beds -.— ! Yengweni–F’an ————.— Ve~ Small 30 beds nla No existing foot print – 4 —————-— J .. —. . . STAATSKOERANT, 24 NOVEMBER 2000 No. 2177 29 2 Manzinbomvu Camp Medium – 100 da Self catering Wits I 60 5 beds camping F Mdlanzi Pan Very Srnil 30 beds n/a No existing foot ptit 6 2 Ntabendi Very Small 30 beds nia No existing foot print 7 T Mgobezeleni Lake Medium 100 – nla No existing foot print‘ — - — 8 beds 2 Sodwana Bay Development 800+ 2500 Self catering Units”/ 2806 I 9 t node beds Camping 3 Nine Mile Medium 10F 50 Controlled day visitor access t; o beds beach 3 Sibaya South Small 60 beds tia No existing foot print 1 3 Baya Camp. Small — 60 beds n/a Bush GllIlp 20 2 3 Mabibi Small 60 beds 100 Camp sites 105 3 3 Island Rock Medium to 200 200 NCS Mgt Facilities ~ 776’ ‘e&l ‘0 Picnic Site I 1 *~~m~I 160 bedsi 40 -velodw I i 6 3 Banga Neck Very Small 30 beds 100 Trails C-p 8 7 3 KwaDapha Camp Small to 100 nJa Community lodge 30 8 Medium beds 3 Amanzinyama Camp Very Small 30 beds nla Trails camp 8 Q, 4 Kosi Bay Self catering Medium to 20F nfa Self catering Units / 163 0 Units large beds Camping 4 Makawulani Lake Very Small 30 beds nJa Trails camp 8 1 t I 1 I 1 1 4 Nkovukeni /Very Small 130 beds ) o INo existing foot print [ 2 4 Threlfall [Crane Medium 100 beds 150 Abandoned Mission 1. 6226