(a) to an environment that is not harmful to their health or well-being; and
(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that—
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural resources
while promoting justifiable economic and social development.”
The obligations in paragraph (b) to take reasonable measures to prevent ecological degradation, promote conservation and to secure sustainable development in
essence provide a constitutional imperative for government to take action—legislative and otherwise—in respect of invasive alien species in so far as they contribute to
degradation or threaten conservation or sustainable development.
18.7.2 The Draft Biodiversity Policy
Following the Constitution, government embarked on an extensive environmental
policy and law reform process to ensure alignment with the requirements of the
Constitution. Although there were many environmental laws that dealt with biodiversity, much of the legislation was outdated in that it tended to focus on managing
species diversity and did not reflect the integrated and holistic approach reflected in
the Convention on Biological Diversity which recognises that ecosystems, genes,
and landscapes need to be managed in addition to species, and that people’s
interactions with biodiversity must be considered. In addition, existing legislation
tended to focus on managing species in protected areas only, rather than across the
country as a whole.
The policy process involved establishing an overarching environmental policy
which was undertaken through the so-called Consultative National Environmental
Policy Process (CONNEPP), as well as a series of sectorally focused policies. One of
these sector-based policies was the White Paper on the Conservation and Sustainable
Use of South Africa’s Biological Diversity (Department of Environmental Affairs
and Tourism 1997). The issue of invasive alien species features prominently in
several places in the policy. For example, in the discussion on sustainability and the
need to minimise negative impacts on biodiversity, the policy notes that, “In aquatic
areas, catchment changes, together with alien plant and animal invasions, and
domestic, agricultural and industrial pollution, are among some of the primary
mechanisms for biodiversity loss.” [Emphasis added].
Also important for the purposes of this discussion is Goal 1 of the policy that
deals with the conservation of biodiversity. One of the policy objectives for achieving the goal relates directly to alien species. The stated objective is to “prevent the
introduction of potentially harmful alien species and control and eradicate alien
species which threaten ecosystems, habitats or species”.
18 Biological Invasion Policy and Legislation Development
535
(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that—
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural resources
while promoting justifiable economic and social development.”
The obligations in paragraph (b) to take reasonable measures to prevent ecological degradation, promote conservation and to secure sustainable development in
essence provide a constitutional imperative for government to take action—legislative and otherwise—in respect of invasive alien species in so far as they contribute to
degradation or threaten conservation or sustainable development.
18.7.2 The Draft Biodiversity Policy
Following the Constitution, government embarked on an extensive environmental
policy and law reform process to ensure alignment with the requirements of the
Constitution. Although there were many environmental laws that dealt with biodiversity, much of the legislation was outdated in that it tended to focus on managing
species diversity and did not reflect the integrated and holistic approach reflected in
the Convention on Biological Diversity which recognises that ecosystems, genes,
and landscapes need to be managed in addition to species, and that people’s
interactions with biodiversity must be considered. In addition, existing legislation
tended to focus on managing species in protected areas only, rather than across the
country as a whole.
The policy process involved establishing an overarching environmental policy
which was undertaken through the so-called Consultative National Environmental
Policy Process (CONNEPP), as well as a series of sectorally focused policies. One of
these sector-based policies was the White Paper on the Conservation and Sustainable
Use of South Africa’s Biological Diversity (Department of Environmental Affairs
and Tourism 1997). The issue of invasive alien species features prominently in
several places in the policy. For example, in the discussion on sustainability and the
need to minimise negative impacts on biodiversity, the policy notes that, “In aquatic
areas, catchment changes, together with alien plant and animal invasions, and
domestic, agricultural and industrial pollution, are among some of the primary
mechanisms for biodiversity loss.” [Emphasis added].
Also important for the purposes of this discussion is Goal 1 of the policy that
deals with the conservation of biodiversity. One of the policy objectives for achieving the goal relates directly to alien species. The stated objective is to “prevent the
introduction of potentially harmful alien species and control and eradicate alien
species which threaten ecosystems, habitats or species”.
18 Biological Invasion Policy and Legislation Development
535