AMENDMENT BILL THE SELECT COMMITTEE ON LAND AND MINERAL RESOURCES - - PowerPoint PPT Presentation
THE NATIONAL FORESTS AMENDMENT BILL THE SELECT COMMITTEE ON LAND AND MINERAL RESOURCES (02 JUNE 2020) 1 PRESENTATION OUTLINE Acronyms Purpose Objectives of the Bill Process followed to date National Forests Amendment Bill
THE SELECT COMMITTEE ON LAND AND MINERAL RESOURCES (02 JUNE 2020) 1
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: Department
Performance Monitoring and Evaluation
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presentation is to brief the Select Committee on Land and Mineral Resources (National Council
[B11-2016], which seeks to amend the National Forests Act, 1998 (Act No. 84 of 1998) (NFA).
promote sustainable management and development of forests and provides for the protection of certain forests and trees.
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improvements on existing sections
realities, and challenges on the ground.
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The Objectives of the Bill are to: provide for clear definitions, for example, natural forests and woodlands; provide for public trusteeship of the nation’s forestry resources; increase the promotion and enforcement of sustainable forest management; increase the measures provided for in the Act to control and remedy deforestation; and
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provide for appeals against decisions taken under delegated powers and duties; reinforce offences and penalties; and promote equity by inclusion of youth and women in the National Forests Advisory Council (NFAC).
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Economic Cluster and internal committees within DAFF such as EXCO;
(DPME) for Socio Economic Impact Assessment (SEIA)
and Fisheries in May 2016
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Bill in the Government Gazette in terms of Rule 241 (1)(b) of the Rules of the National Assembly in July 2016;
by PC on Agriculture, Forestry and Fisheries in August 2017, which initiated the extended public hearings in various provinces with communities living in and around forests;
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various consultations were held with PC on Agriculture, Forestry and Fisheries leading to the adoption of the Bill for further processing in May 2018;
August 2018;
comment on 6 December 2019 until 24 January 2020.
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CLAUSE 1 CURRENT PROVISION PROPOSED AMENDMENT GAP Insertion of a definition under section 2 New insertion “Assignment’ means the permanent
(a)
from the functional domain
national government one or more provincial governments,
state or a person who is not an organ
(b) the administration of a matter listed in Schedule 4, Part A, of the Constitution;’’. To assist in the interpretation of terms in the Act. This is a new insertion (Assignment is currently not defined in the Principal Act)
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CLAUSE 1 CURRENT PROVISION PROPOSED AMENDMENT GAP Insertion
definition under section 2 This is a new insertion. “Appeal committee’ means the committee constituted in terms of section 57 A (2). To assist in the interpretation of terms in the Act.
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CLAUSE 1 CURRENT PROVISION PROPOSED AMENDMENT GAP Insertion of definition under section 2 (xx) “natural forest” means a group
indigenous trees— (a) whose crowns are largely contiguous; or (b) which have been declared by the Minister to be a natural forest under section 7(2); “natural forest’ means a group
predominantly indigenous trees— (a) whose crowns are largely contiguous in its undisturbed state; (b) which may represent any successional stage or state of forest degradation, in which case crowns may not be contiguous; (c) which
in association with characteristic plants or animals recognised in vegetation science as diagnostic species of a specific natural forest type; or (d) which have been declared by the Minister to be a natural forest in accordance with section 7(2)”; To broaden the definition
a natural forest (so as to include all vegetation within the Natural forest- grassland, thicket, shrubs- under storey)
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CLAUSE 1 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
definition under section 2 (xxxix) woodland” means a group of indigenous trees which are not a natural forest, but whose crowns cover more than five per cent of the area bounded by the trees forming the perimeter of the group. “woodland’ means a group of indigenous trees which are not a natural forest, but whose crowns cover [more than] at least five per cent of the area [bounded by trees forming the perimeter
which may in a degraded state have a crown cover of less than five per cent”. To simplify and broaden the definition in order to cater for situations where woodland may be degraded.
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CLAUSE 2 CURRENT PROVISION PROPOSED AMENDMENT GAP Insertion
Public Trusteesh ip of the Nation’s forestry resources as Section 2A. New insertion Public trusteeship
nation’s forestry resources “The National Government, as the public trustee of the nation’s forestry resources, acting through the Minister, must ensure that these resources, together with the land and related ecosystems which they inhabit, are protected, conserved, developed, regulated, managed, con- trolled and utilised in a sustainable and equitable manner, for the benefit of all persons and in accordance with the constitutional and developmental mandate of government”. To clarify where the nation’s forestry resources are to be managed.
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CLAUSE 3 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
section 7(1) Prohibition on destruction of trees in natural forests
cut, disturb, damage
indigenous, living tree in, or remove or receive any such tree from, a natural forest except in terms of— (a) a licence issued under subsection (4)
‘”cut, disturb, damage or destroy any other indigenous forest vegetation in a natural forest; and
‘‘(b) possess, collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any tree, or any forest product derived from a tree contemplated in paragraph (a), or any other indigenous forest vegetation, or any forest product derived from vegetation contemplated in paragraph (a) ‘’ To broaden the provision under section 7 (natural forest) (to include all vegetation within the Natural forest- grassland, thicket, shrubs- under storey)
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CLAUSE 3 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
section 7(5) New insertion “If a person is in breach
subsection 1(a), the Minister [ may] must, by written notice— (a) To that person (i) Inform nature of the alleged breach; (ii) direct steps which the person must take to prevent further damage or to redress the said breach; and (iii) the period within which they must take the steps referred to in paragraph (ii) in addition to any penalties in terms
section 62(1)” — To provide for directive (to rectify damage) by the Minister in the case
the provisions
section 7 (1), dealing with prohibition
destruction
natural forests.
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CLAUSE 3 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment of section 7(6) New insertion “ If the person failed to comply with the directive within the period determined under subsection (5)(b)(ii), the Minister may— (i) take reasonable steps to remedy the situation; (ii) recover consequential damage or costs from the person concerned;
(iii) approach a competent court for relief.’’ To provide for steps to be taken in the case of non compliance with the directive issued in terms
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CLAUSE 4 CURRENT PROVISION PROPOSED AMENDMENT GAP Insertion
new sub- section 8(3) New insertion “A person may not conduct any activity in a protected area which is inconsistent with the conservation, recreation or any
that area, except under a licence issued by the Minister in exceptional circumstances that may be determined by the Minister”. To prohibit any activity in a protected area, so that the purpose of protected area is not defeated.
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CLAUSE 5 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment of section 14 (6) by insertion of subsection 6 New insertion ‘‘The Minister may issue a written
felling, mutilation or destruction of an individual tree or group of trees if he
believe that such a tree or group of trees may qualify to be declared as— (a) protected, in accordance with section 12(a) and (b), until such time that a notice in this regard is published in the Gazette in accordance with section 14(2); or (b) a controlled forest area in accordance with section 17”. To provide Minister with powers to stop/terminate any activities e.g. cutting
trees that may need to be protected while still conducting investigations.
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CLAUS E 6 CURRENT PROVISION PROPOSED AMENDMENT GAP Amend ment of section 15 (3) (3) The Minister must publish— (a)a list of all species protected under section 12; (a)an appropriate warning
in subsection (1) and the consequences of its infringement, annually in the Gazette and in two newspapers circulating nationally. “The Minister must by notice in the Gazette and in to newspapers circulating nationally, publish-, ‘‘(b) an appropriate warning of the prohibition referred to in subsection (1) and the consequences of [its] an infringement [annually] at least every five years
publish a change that has been effected to the list contemplated in paragraph (a) in the Gazette and in two newspapers circulating nationally.’’ To minimise costs for compliance promotion incurred annually through publication
declared national list
protected trees.
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CLAUS E 7 CURRENT PROVISION PROPOSED AMENDMENT GAP Amend ment
section 16 (1) (b) a particular tree or group
trees
woodland to be protected under section 12(1), the Minister may request the registrar of deeds for the area to make an appropriate note. “where the Minister has declared: (b) a particular tree [or], group
state forest or part of it, to be protected under [section] sections 12(1) and 8 (1) respectively the Minister may request the registrar od deeds for the area to make an appropriate note’’. To provide for the registration with deeds office when a state forest or part
it has been declared to be a protected area (this is to align with other Environmental legislation such as the National Environmental Protected Areas,
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CLAUSE 8 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendm ent
section 17 (2) (2) If the Minister is of the
are required to— (b) rehabilitate, a natural forest
a woodland protected under section 12(1) which is threatened with deforestation, or has been deforested, he or she may declare it a controlled forest area. (2) If the Minister is of the opinion that urgent steps are required to— (b) rehabilitate, a natural forest
a woodland protected under section 12(1) which is threatened with deforestation, or is being [or has been] deforested, he
forest area. Syntax
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CLAUSE 8 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendm ent
section 17 (13) New insertion 17(13) ‘‘(c) The Minister may declare a controlled forest area, and due to the urgency of the situation, the Minister may proceed with the declaration without prior consultation with, or affording a prior hearing to, any affected person, but as soon as reasonably possible after the declaration contemplated in section 17(3), the Minister must— (i) consult with, and afford a hearing to, any affected person; (ii) consider any representations received during such consultation or hearing; and (iii)confirm, vary or cancel the declaration concerned. To provide the Minister with emergency powers to declare a controlled forest area in order to prevent continued deforestation (for example most of the time the forest is deforested prior to declaration due to process being lengthy).
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CLAUSE 8 CURRENT PROVISION PROPOSED AMENDMENT GAP Addition
subsection 17(14) New insertion 17(14) If the Minister is of the
comply with the notice issued in terms of subsections (3) and (4), he or she may— (i) take reasonable steps to remedy the situation; (ii) recover consequential damages
costs from the
concerned; or (iii) approach a competent court for appropriate relief To provide the Minister with powers to issue a directive in the case
non- compliance
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CLAUSE 9 CURRENT PROVISION PROPOSED AMENDMENT GAP To insert new sub- section 23(4) New insertion ‘’23 (4) No person may engage in any prospecting or mining activity in a State forest except in terms
(a) an existing lease agreement
(b) (b) applicable legislation. To prohibit mining activities in a State forest in
to promote sustainability within the forest.
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CLAUSE 11 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
(4) 4) Members
the Council and members
Council who are not in the full-time employment of the State may be paid for their services, except for attending Council meetings. Section 35 (4) Members of the Council and members
[a committee] the committees of the Council referred to in section 36 who are not in the full-time employment
the State may be paid for their services, except for attending Council meetings. To include both committees (sustainable forest management and forest access)
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CLAUSE 11 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
(4) (5) The Minister must determine the remuneration and allowances payable to members of the Council and members
a committee
the Council with the consent
the Minister of Finance. The Minister must determine the remuneration and allowances payable to members of the Council and members of [a committee] the committees of the Council referred to in section 36 with the consent of the Minister of Finance.". and to address the issue of remunerating NFAC members when attending council meetings
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CLAUSE 12 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
(6) (6) The functions
are to advise the Minister on— 36 (6)The functions of the Committee on Forest Access are to advise the Council, Department and the Minister on-- To provide for the committees on Forest Access to also advice the Council and the Department not only the Minister.
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CLAUSE 13 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
(3) The chairperson of the Council must provide the Minister with advice
information emanating from any meeting within two weeks. 37(3) The chairperson of the Council must provide the Minister with advice
information emanating from any meeting [within two weeks] of the Council within a period not exceeding
month after the date of the said meeting. To provide for the extension of the time period that the council needs to advice the Minister on issues emanating from the Council meetings.
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CLAUSE 14 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
section 47(1) (1) The Minister may— (a) assign any power or duty in this Act to— (i) a province or
State; or 47(1)”The Minister may– (a) Assign any power or duty in this Act to – (a) [province
an
in accordance with section 99
the Constitution of the Republic of South Africa, 1996; or “ To ensure that provisions under section 47 (assignment
powers and duties) in the principal Act are done in accordance to section 99 of the Constitution, 1996
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CLAUSE 15 CURRENT PROVISION PROPOSED AMENDMENT GAP Insertion
section 57A New insertion
Appeal Committee
57E. Consideration
appeal by Minister To provide for appeal procedure against a decision taken by a delegated
e.g. issuing of a –licence by forest officer)
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CLAUSE 16 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
section 58 (6) "(6) A person who is guilty of a fifth category offence referred to in section 61 may not be sentenced to imprisonment, but may be sentenced to a fine up to not exceeding R50 000"; and; ‘’58 (6) A person who is guilty of a fifth category offence referred to in section 61 may [not] be sentenced to a fine not exceeding R10 million or imprisonment[, but may be sentenced to a fine up to R50 000] for a period of up to 10 years
To strengthen enforcement , specifically for offences committed in relation to major development e.g. mining and to align with
environmental legislation e.g. section 35
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CLAUSE 13 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
section 58 (8) (b) ‘‘(b) for any offence in terms of this Act, may suspend or revoke a licence granted to the
under section 7, or 23.’’. ‘’58 (8) ‘(b) for any offence in terms of this Act ,may suspend or revoke a licence granted to the offender under section 7, 15 or 23.’’ To strengthen enforcement, previously section 15 (protected trees) was excluded
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CLAUSE 17 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
section 61 Any person who fails to take the steps which he or she has been instructed to take in terms of section 4(8) within the period or the extended period laid down, is guilty of a fifth category offence. Offences relating to protection of forests and trees 61(a). Any person who fails to take the steps which he or she has been instructed to take in terms of [section] sections 4(8), 7(5), 8 (3) and 14(6) within the period or the extended period laid down, is guilty of a fifth category offence. To provide for new
compliance with instructions in terms of sections 7(5), 14(6) and 17(3) of the Act
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CLAUSE 18 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
(1)/(3) To strengthen enforcement and ensure that amended provisions under section 7 are catered for. 62(1),(2) (c) (ii) and (3) ‘’62 (1) Any person who contravenes the prohibition of certain acts in relation to trees in natural forests referred to in section 7(1) is guilty of a [second] first category offence.’’; and To strengthen enforcement and ensure that amended provisions under section 7 are catered for.
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CLAUSE 18 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendment
(1)/(3) To strengthen enforcement and ensure that amended provisions under section 7 are catered for. 62(1),(2) (c) (ii) and (3) ‘’62 (1) Any person who contravenes the prohibition of certain acts in relation to trees in natural forests referred to in section 7(1) is guilty of a [second] first category offence.’’; and To strengthen enforcement and ensure that amended provisions under section 7 are catered for.
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CLAU SE 18 CURRENT PROVISION PROPOSED AMENDMENT GAP Amen dment
sectio n 62 (1)/(3) (3) Any person who contravenes a prohibition or any other provision in a notice declaring a controlled forest area under section 17(3) and (4) is guilty
Offences relating to use
forests. ‘‘’62 (3)Any person who contravenes a prohibition or any other provision in a notice declaring a controlled forest area under section 17(3) and (4) is guilty of a [second] first category
To strengthen enforcement and ensure that amended provisions under section 7 are catered for.
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CLAUS E 19 CURRENT PROVISION PROPOSED AMENDMENT GAP Amendm ent
section 63 (5) Any person who contravenes a condition in a licence, exemption or other authorisation in terms of this Act— (a) in any protected area is guilty of a second category
(b) in any other forest is guilty
‘’63 (5) Any person who contravenes a condition in a license, exemption or any
(a) [in any] a protected area, natural forest or protected trees, is guilty of a second category offence. (b) [in] any other forest, is guilty of a third category
To strengthen enforcement by the inclusion
natural forest and protected trees.
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CLAUS E 20 CURRENT PROVISION PROPOSED AMENDMENT GAP Amend ment of section 65
(a) designate posts in the Department
in any provincial administration or local authority, whose incumbents are forest officers; and (b) appoint any
suitably qualified persons as forest officers. General powers of forest officers 65 by the addition
paragraphs: ‘‘(c) determine different levels of forest officers; and (d) determine qualification criteria for forest officers. To strengthen enforcement and to provide for grading of Forest
e.g. Grade 1, 2 depending
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National Forests Act is listed in Schedule 4 of the Constitution.
Constitution.
amendments is aiming to strengthen the provisions for promoting sustainable forest management and not to change the current administrative processes of the functional areas listed in Schedule 4.
regards to management of forests.
forests for the benefit of all. These have not been affected by these proposed amendments.
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