Coastal Governance Around The World - Coastnet The Edge Summer 2007

Coastal governance around the world Belgium

Canada

China Jamaica Hong kong British Colombia India

South Africa

What are the main coastal governance issues around the world? Our international readers give us their views on the major coastal governance* issues in their country and how, if at all, they are being tackled. *Coastal governance here is interpreted as policy and legal processes by which our coasts and seas are managed by public authorities and the arrangements in place for participation by communities, NGOs, and other stakeholders. Please note all contributions in this article are the professional opinions of the individual authors and do not necessarily represent the views of those organisations they are affiliated to.

The edge Summer 2007

11

Jamaica By Dr David Smith (Director), Christopher Daly,. (Civil Engineer) of Smith Warner International Limited (Kingston, Jamaica)

Overview of policy

Key issues

Coastal governance in Jamaica is backed by a number of policies and legal processes. Of these, the Beach Control Act (1956) is the most important piece of legislation. The Act seeks to ensure proper management of Jamaica’s coastal and marine resources and protects the rights of the foreshore and sea floor by prohibiting the use of these without permission from the local environmental regulatory body. This body, the National Environment and Planning Agency (NEPA), is responsible for reviewing license applications for the construction of docks, wharves, jetties, breakwaters, marinas and for issuing licenses for the construction of such structures. The Act is currently undergoing substantive review in order to address more contemporary legal and management issues. A number of relevant regulations and policies are also in place. The 1992 Natural Resources (Marine Parks) Regulation established marine protected areas for the conservation of marine resources. The Montego Bay, Negril and Ocho Rios are three marine parks to which these regulations apply. These areas are Jamaica’s primary tourist destinations. The 1997 Coral Reef Protection and Preservation Policy and Regulation and the Policy on Seagrass Beds are also two important regulations. The aims of these polices are first to ensure the conservation of coral reefs in order to sustain their ecological and socio-economic functions and second, to facilitate the control of practices which could result in the destruction of sea grasses. The document Towards A Beach Policy For Jamaica (2000) specifically addresses the controversial issue of beach access, and issues relating to oil pollution, sewage pollution, solid waste disposal, beach erosion, coastal water quality, mariculture and wild life protection. The document has undergone a process of public consultation and is now with the Ministry of Lands and the Environment for completion of the policy development process. Despite the existence of legislation and regulations that govern how coastal developments, environments and issues are dealt with, they are not fully enforced. This leads to major deficiencies that have serious consequences in critical areas of coastal governance.

Control of pollution of coastal waters The informal disposal of domestic, industrial and agricultural waste directly affects the water quality of coastal waters in Jamaica. This problem occurs both in some inland areas, where waste discarded into rivers eventually end up being discharged in the sea; and also, directly from developed coastal areas of the country. Kingston Harbour, the seventh largest natural harbour in the world, is an example of an extremely polluted water body. The problem is exacerbated by nonenforcement of water quality and effluent discharge standards and the malfunctioning of some sewage treatment plants.

12

The edge Summer 2007

Monitoring of coastal resources Beach erosion and the underlying causes and effects are not monitored to a great extent. One of the foundations upon which Jamaica’s tourism sector is built on is the promise of beach, sun and sand. Without healthy beaches, the country’s economy would be in greater turmoil than it already is. Coral reef protection is also an ongoing issue. Many reefs are destroyed as a result of tourist activities, and poor water quality (excessive nutrients) is also one of the primary reasons for overgrowth of algae on coral reefs that can suffocate them. These coral reefs act as a sand source, and their destruction ultimately leads to losses in sediment production and the net erosion of beaches. In addition, they frequently function in the role of natural breakwaters, providing shelter to the shorelines in their lee.

Lime Cay, Jamaica

Guidelines for coastal development and resulting effects The recent spate of tourism-related developments along the coast of Jamaica has raised the issue of creating specific guidelines and limitations. Some resorts are highly dense, offering hundreds of rooms to overseas visitors. This puts a burden on the coastal environment, as larger beach areas are required or existing ones are being overutilised. The Beach Control Act does not specifically refer to limits of beach utilisation. The attendant socio-economic impacts are also considerable, as basic infrastructure, such as utilities and healthcare facilities are not available or able to cope with the increased numbers of informal settlements that typically spring up to house the service workers for these developments. Tackling the issues The issues above get little attention until serious problems occur. Apart from having appropriate legislation in place, not much preventative action or enforcement takes place. Other private groups, such as marine parks, play important roles in supporting the protection of the environment, and carry out frequent checks and assessments on the health of a particular area. The scale to which this is carried out, however, is small and confined to only a few select areas of our coast, such as prime tourist and fishing areas.

Belgium By An Cliquet, Dirk Bogaert, Frank Maes and Dino De Waen, University of Ghent

Delwaide Dock, one of the largest docks at Antwerp Harbour Belgium is the smallest state bordering the North Sea with a 66 km long coastline and a territorial sea and continental shelf of 3,600 km2. Although small, it comprises several types of coastal habitat, which are important for a variety of flora and fauna and accommodates many human activities including recreation, shipping, fisheries, industry and mineral extraction (Maes et al, 2005). Such a small and intensively-used area needs an integrated policy but several elements make this a difficult proposition.

Key issues Complex institutional landscape Since the creation of the Flemish government in 1980, the Belgian state has undergone several steps in its federalisation process, resulting in a shift in competences from the federal to regional governments. For the coastal zone this has resulted in a fragmentation of the governmental institutions responsible for its management. Most of the competences are now divided between the federal government (the marine part of the coastal zone) and the Flemish Region (most matters on the landward side of the coastal zone and some matters at sea). The division between the federal and the regional competences is formed by the baseline, which is the lowwater line along the coast as marked on the large-scale charts officially recognised by coastal states (Cliquet, 1996). However, divergent laws can assign jurisdiction at sea to the Flemish Region. At the different government levels, several administrations are involved in coastal zone policy including the Ministry of Economic Affairs, the Ministry of Transport, the Ministry of Defense and the Federal

Public Service Environment . On the political level, several ministers are also competent for marine issues with a Minister for the North Sea appointed in 2003. And, finally, at the level of the Flemish Region, the Administration for Waterways and Seaways, the Administration for the Environment, the Administration for Agriculture and Fisheries and the Administration for Spatial Planning all have responsibilities in the coastal zone. These Flemish administrations are subdivided in departments. While there is no single integrated coastal policy, some coordination exists for some specific issues in the coastal zone, including a steering group on seas and oceans that deals with coordination on the planning level but is limited in scope and does not include participation of all institutional levels (such as the local level), nor information and participation for the public. Another coordination structure on a specific issue is a cooperation agreement between the federal government and the Flemish Region on dumping of dredged material at sea. Lack of participation A second issue hampering the governance of the Belgian coast is a lack of public participation. Decisions within the coastal zone allowing for public participation can be indirect and direct. Indirect participation can be obtained through several advisory bodies, such as the Flemish Environmental Council (MINA-Council) and the provincial advisory body on spatial planning (PROCORO). Direct participation is included in several procedures, eg building permits or environmental permits. These permits must

be made public, after which everyone can express objections. For certain coastal projects these forms of participation are apparently inadequate. This was the case for the first attempt to establish marine protected areas in 1999. Several user groups felt they had not been involved in the process and finally the federal government halted the attempt due to their protest. The first planning of offshore windmills close to the Belgian coast created a similar problem. In more recent attempts, the federal government has learned from the negative experiences in the past and in both procedures for offshore windmills and marine protected areas, much effort is given to informal participation rounds, starting form the very beginning of the process. Tackling the issues These two issues are intertwined with the lack of a global and integrated policy and cooperation. There are tools that could mediate problems concerning the institutional complexity and lack of participation. Most drastically, all competencies related to the coast could be transferred to either the Flemish or federal government. Alternatively, one could opt for a comprehensive legal framework for integrated coastal zone policy for the Belgian coastal zone. Less stringent than the above, cooperation agreements between the federal and regional governments could set up a formal cooperation structure for integrated coastal zone policy with different options for institutional linkages having already been considered (Cliquet et al, 2002). While many key representatives are in favour of a formal cooperation agreement, to date, no political decisions have been taken to formalize this agreement. The main reason that this issue has not been brought on the political agenda, is a lack of political interest for integrated coastal zone policy at both federal and Flemish level. It therefore remains uncertain what the future will bring for an urgently needed integrated Belgian coastal zone policy. For more information, see: http://www.westvlaanderen.be/jahia/ Jahia/site/kustbeheer_en

The edge Summer 2007

13

South Africa By Louis Celliers, Fiona Mackay, Sean Fennessy, Oceanographic Research Institute

Key issues Delay in promulgation of the National Environmental Management: Integrated Coastal Management Bill This Bill was intended to be the legal instrument that would be the mainstay of coastal management in South Africa (obtainable from http://www.gov.za). The process of creating this important legal instrument started very encouragingly with a broad public participation process and quickly resulted in the publication of a Green Paper, that was soon followed by an excellent White Paper. At the time, it was generally accepted that the White Paper was a fair reflection of firstly, the public participation process and the opinions and suggestions solicited through this process, and secondly, it appeared to have widespread acceptance insofar it encapsulated the real coastal management issue in what was then the post-apartheid fledgling democracy. After the White Paper was published, it was easy to believe that the Bill was one short step away from promulgation but now, nearly eight years later, three different environment ministers (Department of Environmental Affairs and Tourism), and more than five drafts, the Bill was promulgated. Better late than never, but at this point the Bill is not readily recognisable as an iterative product of the White Paper, which then raises serious transparency issues in terms of the process that was started in 1997. Even so, the promulgated Bill is a positive step to achieving

Atlantic Beach, Cape Town

14

The edge Summer 2007

sustainable coastal development and will be the framework for future coastal governance. Furthermore, the Bill is supported by other advanced environmental legislation but often the process to full implementation and effectiveness is hampered by factors relating to monitoring and enforcement, and a weakened legal system. A specific but parallel issue, even within the new Bill, is the lack of a comprehensive legal framework to manage ‘transitional waters’, such as estuaries. There also appears to be a discontinuity between terrestrial and estuarine water management policy and legislation. The current legal framework does not implicitly resolve departmental responsibility for waters in the coastal zone that is not riverine, or of the marine nearshore or offshore environment. The Coastal Management Bill makes provision for establishing coastal governance structures in all spheres of government. Many of these structures have already been created, most notably a National Coastal Committee, as well as Provincial Coastal Committees. In some instances district Coastal Working Groups have also already been created to represent the local sphere of government. These structures, which have been attended by members on a voluntary basis, will become compulsory according to a specific terms of reference, specified by either the national Minister of Environmental Affairs and Tourism or the Member of the Executive Councils of the respective coastal provinces.

Lack of human capital Delivery of services and management effectiveness of all spheres of government is severely impeded by a lack of human capital. There is no question that the current and advanced South African legal framework supports sustainable environmental and coastal development. However, the ability of the state to translate this advantage into real and long-term benefit for coastal communities and the rest of civil society, while maintaining ecosystem integrity, is limited due to a lack of suitably qualified staff and high staff turnover, which in turn leads to a lack of continuity and understanding of coastal issues by coastal managers. This is particularly evident in the local sphere of government where many of the policies and legal instruments implemented directly affect coastal communities. Politicising of coastal management and inappropriate profiteering The limited ability of mid-level managers to effect change due to high-level political agendas is reducing the effectiveness of the legal and policy framework. The pervasive influence of politics in South Africa is evident through all levels of civil society, probably as a result of the policies of the apartheid era and the subsequent prioritisation of redress. This extends to coastal management as opportunities for coastal development have significant shortterm financial and political benefits. A lack of strong moral leadership that reflects the constitutional framework of South Africa is the cause for serious coastal governance issues across the three spheres of government. An example of the effect of these last two coastal issues, is that from the fairly narrow perspective of management of harvestable marine resources, the national authority responsible for these resources has lost much of its research capacity to manage them, and, because of political agendas, is proving extremely slow to replace this capacity. This loss of capacity means that their response to concerns and communications from stakeholders (industry, communities, NGOs,) is very poor, and also means they are failing to meet some of their obligations to international agreements.

Regional in-country perspectives Hong Kong, CHINA By Dr Kerrie MacPherson, University of Hong Kong It wasn't until 1975 that urban planning and the marine environment 'met' in the Colony Outline Plan (renamed the Hong Kong Outline Plan) and the setting up of the environment branch in government. This was a time of rapid demographic and economic growth and a rapid decline in the urban environment. The usual clutch of problems included insufficient sanitation and sewerage, water supplies, inadequate housing, squatter areas and so on. In 1995, the Marine Parks Ordinance was passed, providing for the designation, protection and management of ecologically important marine sites. This landmark legislation however is essentially the extension of urban zoning (or restrictive) land-use and control to specific marine and coastal areas of scientific interest. However laudable such legislation has been, Hong Kong's 6.9 million people inhabiting a highly urbanised area of 1,650 sq km, share a fragile ecosystem strained by industrial and urban development, pollution, landfills and reclamation all of which impact negatively on the marine habitats. Furthermore with the inception of China's open-door policy and the rapid economic, industrial and urban development in south China, human pressures on marine resources and the environment are unprecedented. Even before the handover of Hong Kong to China in 1997, there have been attempts to address common cross-border environmental problems with the establishment of the Hong KongGuangdong Environmental Protection Liason Group. In the same year as the passage of the Marine Parks Ordinance in Hong Kong, China promulgated the China Ocean Agenda 21 and initiated ICZM pilot projects in Guangdong and elsewhere. The Hong Kong -Guangdong group established a series of technical subgroups to monitor water quality, pollution control, white dolphin (Sousa Chinensis) conservation, fisheries management, aquaculture and red tide monitoring. The speed of Chinese legislation and policy frameworks devised belies the continued degradation of the marine environment due to rapid urbanisation and a sectoral approach to the environment. WWF (and others) have urged the Hong Kong

government to ban trawling in Hong Kong's territorial waters, establishing 'no-take' zones, or instituting a licensing/permit system based on actual assessments of fish stocks. But the restructuring of marine activities and the complex regulatory regimes, differing customary and statutory legal systems between Hong Kong and China, will have to be addressed before the 'one country, two systems' become one.

Karnataka State, INDIA By Dr A M Ramesh, Planning Commission of India

Key issues Coastal erosion Beach erosion is serious in certain areas along the Karnataka Coast and becomes acute during monsoon season, when the sea is virtually roaring. Short term remedial measures are being taken in the State-funded Anti Sea Erosion Schemes. However, sea wall construction by dumping huge stone blocks has created more problems than benefits especially deepening of the sea. Urbanisation and industrialisation The coast of Karnataka is increasingly becoming an industrial hub with large numbers of industries setting up along the Mangalore coast. These range from petrochemical, fertiliser, iron ore palletising, pigments & paints, power generation, fish processing plants and small scale industries. Urbanisation is also increasing with unplanned housing growth to accommodate the industrial workforce. As a result, large quantities of untreated domestic sewage are being released into the coastal waters along with industrial discharges. These effluents impact on the already stressed coastal ecosystem with frequent occurrence of blooms in the waters – an indicator of over nitrification. It is clear that there is a need for a planned approach to the expansion of coastal cities/ towns. Identification of critical coastal habitats Along the coast of Karnataka, sparse mangrove vegetation occurs. The total area of mangroves was 60 sq km in 1989 (MoEF), which had drastically reduced to 25 sq km by 2001 (KSRSAC and SAC). This alarming reduction is mainly due to reclamation of the area for construction of brackish water aquaculture ponds and saltpans. Depletion in mangrove ecosystem is considered as one of the causative factors for erosion increase in the estuarine mouths.

Tackling the issues Law for coastal protection To protect and conserve the coastal environment, the Ministry of Environment and Forest (MoEF), has declared a Coastal Regulation Zone (CRZ) which includes the coastal stretches of seas, bays, creeks, rivers and backwaters that are influenced by tidal action (landward) up to 500 m from High Tide Line (HTL) and the land between LTL and HTL. Some activities, such as construction, mining, reclamation. have either been prohibited or restricted. There are also environment protection, and prevention and control of pollution laws which have provisions for protection of marine biodiversity.

British Columbia, CANADA Association for Responsible Shellfish Farming

Key issues •

Siting of shellfish tenures which interfere with other stakeholders and lack of environmental assessments prior to siting The coastline of British Columbia is being littered by obstructive and noisy aquaculture farms and the debris that is washed up on the beaches from these farms. Although the government has guarded against damaging areas where eelgrass exists, the net result is the destruction of natural habitat where beach leases exist and unknown damage to the environment from extensive licensing of deep water leases in areas with little tidal movement. • Lack of proper testing for heavy metals such as cadmium and mercury and publication of results and warnings to the public regarding consumption of shellfish containing high amounts of these metals. Tackling the issues The issues have been ignored by government and licensing agencies in its quest to expand the aquaculture industry without adequate scientific study. Further, the establishment of a Farm Practices Board has also left concerned community groups, NGOs or individuals without further redress. NGOs, such as the Suzuki Foundation and the Georgia Strait Alliance have addressed some of these issues but government continues to ignore them.

The edge Summer 2007

15