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National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Chapter 3 : Declaration of Protected Areas

Part 2A : Marine protected areas

22A. Declaration of marine protected areas

 

(1) The Minister may, by notice in the Gazette—
(a) declare an area specified in the notice—
(i) as a marine protected area; or
(ii) as part of an existing marine protected area; and
(b) assign a name to the marine protected area.

 

(2) A declaration under subsection (1)(a) may only be issued—
(a) to conserve and protect marine and coastal ecosystems;
(b) to conserve and protect marine and coastal biodiversity;
(c) to conserve and protect a particular marine or coastal species, or specific population and its habitat;
(d) if the area contains scenic areas or to protect cultural heritage;
(e) to facilitate marine and coastal species management by protecting migratory routes and breeding, nursery or feeding areas, thus allowing species recovery and to enhance species abundance in adjacent areas;
(f) to protect and provide an appropriate environment for research and monitoring in order to achieve the objectives of this Act; or
(g) to restrict or prohibit activities which is likely to have an adverse effect on the environment.

 

(3) A notice under subsection (1)(a) may only be issued after consultation with the Cabinet member responsible for fisheries.

 

[Section 22A inserted by section 5 of Act No. 21 of 2014]