Acts Online
GT Shield

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

Chapter 4 : Management of Protected Areas

Part 1 : Management authorities and management plans

42. Co-management of protected area

 

(1)

(a) The management authority may enter into an agreement with another organ of state, a local community, an individual or other party for—
(i) the co-management to the area by the parties; or
(ii) the regulation of human activities that affect the environment in the area.
(b) The co-management contemplated in paragraph (a) may not lead to fragmentation or duplication of management functions.

 

(2) A co-management agreement may provide for—
(a) the delegation of powers by the management authority to the other party to the agreement;
(b) the apportionment of any income generated from the management of the protected area of any other form of benefit sharing between the parties;
(c) the use of biological resources in the area;
(d) access to the area;
(e) occupation of the protected area or portions thereof;
(f) development of economic opportunities within and adjacent to the protected area;
(g) development of local management capacity and knowledge exchange;
(h) financial and other support to ensure effective administration and implementation of the co-management agreement; and
(i) any other relevant matter.

 

(3) A co-management agreement must—
(a) provide for the harmonisation and integration of the management of cultural heritage resources in the protected area by the management authority; and
(b) be consistent with the other provisions of this Act.

 

(4) The Minister or the MEC, as the case may be, may cancel a co-management agreement after giving reasonable notice to the parties if the agreement is not effective or is inhibiting the attainment of any of the management objectives of the protected area.

 

(5) Where the Minister or MEC in terms of subsection (4) cancels a co-management agreement forming a material term of an agreement contemplated in section 20(3), 23(3) or 28(3), the withdrawal of the declaration of the protected area or exclusion contemplated in section 21(2), 24(2) or 29, respectively, applies.

[Section  42(5) substituted by section 15 of Act No. 31 of 2004]