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

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(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]