Abstract:
Under the Prince Edward Islands Management Plan (PEIMP), there are various environmental processes administered by the Department of Environmental Affairs' (DEA) that are applicable to South African National Antarctic Programme (SANAP) / DEA/ other projects operating at the Prince Edward Islands (PEls), comprising Marion and Prince Edward.
Principal Investigators / Group Leaders are bound to inter alia the following legislative frameworks that are applicable to SANAP' s operations at the PEls:
National Environmental Management Act (NEMA), Act No. 107 of 1998 NEMA' s Environmental Impact Assessment (EIA) Regulations, 2014
National Environmental Protected Areas Act (NEMPAA), Act No. 57 of 2003
National Environmental Management Biodiversity Act (NEMBA), Act No. 10 of 2004
Under NEMA:
Duty of care and remediation of environmental damage is the fundamental principle under Section
28 of NEMA which governs all South Africa's activities at the PEls.
Under NEMA EIA Regulations:
Government Notice (GN) R. 982 outlines the EIA processes that are currently applicable on a national level and thus at the PEls. Listing Notices 1 (GN R. 983), 2 (GN R. 984) and 3 (GN R. 985) provide the lists of activities for which a Basic Assessment Report (BAR) (LN 1 and 3) or Scoping and Environmental Impact Report (EIR) (LN 3) are required.
Under NEMPAA:
Sections 38 and 39 of NEMPAA prescribe issues pertaining to the designation of Management authorities and the Preparation of a management plan (Section 42 dictates in broad terms what the management plan should contain). The DEA permit/exemption system is based on Sections 45 and 47 of NEMPAA, which outlines provisions pertaining to the Access to and use of aircraft in special nature reserves.
Under NEMBA:
Section 75 of NEMBA deals with the Control and eradication of listed invasive species, implemented at the PEls through various mechanisms, i.e. Gear Checks, Marion Alien Eradication Programme, etc.