Comments on the Marine Spatial Planning Bill Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 Comments on the Marine Spatial Planning Bill Ken Findlay Research Chair: Oceans Economy Cape Peninsula University of Technology Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 Global increase in Ocean Economies as nations or regions turn to new opportunities to foster economic growth and food and energy security Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

(and good ocean governance) Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 OCEAN ECONOMIES ARE DEPENDENT ON OCEAN HEALTH (and good ocean governance) Humans derive numerous “market” and “non-market” benefits from ocean systems through Oceans Economies….. Ecosystem Services Environmental Services ENVIRONMENTAL SERVICE HUMAN ECONOMIES, INDUSTRY AND CONSUMPTION PROVISIONING ECOSYSTEM SERVICE REGULATORY CULTURAL ECOSYSTEM SERVICE EXTERNALITIES (e.g. Climate Change) SUPPORT SERVICES = FUNCTIONAL ECOSYSTEMS OCEAN HEALTH Indirect Pressure On Ocean Health Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

GOVERNMENT SOCIETY SCIENCE Ocean Governance SOCIETY Ocean Governance Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 Ocean Governance To Balance Human Benefits and Ocean Health Falkenmark’s Trialogue Model for Ecosystem Governance: Government, Society and Science Hattingh et al. 2007; Turton et al. 2007 Ecological governance - “a process of informed decision-making that enables trade-offs between competing resource users so as to balance environmental protection with beneficial use in such a way as to mitigate conflict, enhance equity, ensure sustainability and allow accountability” Turton et al. 2007 GOVERNMENT SOCIETY SCIENCE Ocean Governance SOCIETY Rule Making Rule Implementation Rule Adjudication Economy Social Environment Research, Knowledge-bases Capacity Development Technology, Innovation Ocean Governance SCIENCE GOVERNMENT Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

(3)Top-down processes tend to dominate. Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 Review of 12 MSP case studies around Europe, employing a structured qualitative empirical approach indicates (1)MSP is often focused on achieving specific sectoral objectives, and might better be termed ‘strategic sectoral planning’. (2) MSP processes tend to be complex, fragmented and emergent on an ad hoc basis, rather than cyclical, adaptive and prescribed on an a priori basis. (3)Top-down processes tend to dominate. (4)Blue growth is the dominant overall priority, often aligned with strategic sectoral priorities. Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 COMMENTS Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 Definitions   Within Section 1 Definitions “marine area plan”, the definition seems to me to confuse the concepts of an area, and a plan as a strategy for achieving a result. The current text states: ‘‘marine area plan’’ means a bio-geographic marine area that will serve as a planning unit which is developed by analysing and allocating the spatial and temporal distribution of human activities in the South African waters to achieve ecological, economic and social objectives, taking into account all relevant principles and factors set out in this Act; Within the prior draft marine spatial planning bill [GOVERNMENT GAZETTE, 24 MARCH 2016] "marine area plans" means the marine area plans developed in terms of section 6(1)(c);   I would like to propose that for clarity the above definition be divided as follows ‘‘marine area’’ means a bio-geographic marine area that will serve as a planning unit for a marine area plan ‘‘marine area plan’’ means a plan which is developed within a marine area by analysing and allocating the spatial and temporal distribution of human activities in the South African waters to achieve ecological, economic and social objectives, taking into account all relevant principles and factors set out in this Act; Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

‘‘South African waters’’ means the— Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 Definitions    2. I have concern that estuaries appear to be excluded from the planning process in the definition of South African waters, presumably as their management is regulated under the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008). If this is the case, I wish to ask how estuarine spatial planning and management (as a component of the marine environment) will differ from coastal planning and management under NEM: ICMA within the MSP framework. ‘‘South African waters’’ means the— (a) internal waters as referred to in section 3 of the Maritime Zones Act, 1994 (Act No. 15 of 1994), but excludes all freshwater bodies and estuaries as defined in section 1 of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008); (b) territorial waters, the exclusive economic zone and the continental shelf as referred to respectively in sections 4, 7 and 8 of the Maritime Zones Act, 1994; and (c) the zones referred to in paragraph (b) around the Prince Edward Islands as referred to in the Prince Edward Islands Act, 1948 (Act No. 43 of 1948);   Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

Stakeholder comment and appeal process Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 Stakeholder comment and appeal process   I notice that the planning process allows for the input of marine sector plans by industry authority or sector bodies, and wish to comment that a parallel mechanism be afforded to public users so that a process is in place for stakeholder engagement at all levels in the planning process. Furthermore a review period allowing comments on proposed marine area plans should be afforded to all stakeholders to consider equitable access to the ocean environment and resources - Covered in Section 8. Finally, I believe an appeal process requires consideration in the MSP framework practice. Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017

Presentation to the Parliamentary Portfolio Committee on Environmental Affairs – MSP Bill September 2017 THANK YOU Ken Findlay, Research Chair: Oceans Economy, Cape Peninsula University of Technology, South Africa Cape Town, 1 September 2017