World Heritage Convention Bill: discussion
Tourism
20 September 1999
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Meeting report
ENVIRONMENTAL AFFAIRS & TOURISM PORTFOLIO COMMITTEE
20 September 1999
WORLD HERITAGE CONVENTION BILL
Documents handed out:
Amendments agreed to World Heritage Convention Bill
Further Amendments for Discussion on 20 September; and Proposed Editorial Amendments
SUMMARY
The Portfolio Committee met to discuss the amendments for the World Heritage Bill that were flagged on 17 September. Before the amendments were discussed the committee heard from Mr Bester of the Department of Land Affairs. Mr Bester briefed the committee on the impacts of the Abolition of Certain Title Conditions Bill on the World Heritage Convention Bill. After the briefing the committee proceeded to discuss and pass the amendments complied by the Department of Environmental Affairs.
MINUTES
Briefing from the Department of Land Affairs
Mr Bester, from the Department of Land Affairs, started the meeting by briefing the committee on the impact of the Abolition of Certain Title Conditions Bill on the World Heritage Convention Bill. The committee was concerned that the Abolition of Certain Title Conditions Bill would be enacted after the World Heritage Convention Bill and override certain sections of the World Heritage Bill. Mr Bester assured the committee that this would not be possible. The Abolition of Certain Title Conditions is now in the final stages and will most likely become law within the next three weeks. Since the World Heritage Convention Bill has not been passed by the National Assembly and has not yet been tabled in the National Council of Provinces it will most likely take longer than three weeks to enact. Therefore, the Abolition of Certain Title Conditions Bill should have no impact on the World Heritage Convention Bill.
In addition, Mr Bester explained that if for any reason the World Heritage Convention Bill did pass before the Abolition of Certain Title Conditions Bill the department of Land Affairs would add an amendment that would exclude the World Heritage Convention Bill from that legislation. The committee members were satisfied with Mr Bester's briefing and began their discussion of amendments.
Amendments for discussion
Ms Coetzee from the Department of Environmental Affairs and Tourism took the members through the proposed amendments (see appendix a).
The first amendment concerned Chapter 1, Clause 1 (xviii) which includes a definition of "Private Land". Since most of the section in the Bill using the term "Private Land" were deleted, the Department proposed that the definition be removed. However, it was discovered that the term "Private Land" remained in section 13 (f)(ii) of the Bill. Therefore, the committee decided that it would be best to leave the definition of "Private Land" in the legislation. Members from the African National Congress, Democractic Party, and Inkhata Freedom Party felt more comfortable leaving in the definition in order to aliviate people's fears of losing their land. The committee then decided to keep the definition in the legislation and reject the amendment.
The committee accepted the second amendment in Chapter 1, Clause 1 (xx) regarding the removal of the definition of "State Forest" with no debate.
The next amendment in Chapter 1, Section 4 (2)(a) proposed to delete the word "altogether" and insert before the word "minimised", the phrase "where appropriate"; and replace the phrase "minimised and remedied" with "mitigated". There was some debate sourronding whether or not the use of the phrase "where appropriate" weakened the clause. The committee decided to keep the amendment but not add the phrase "where appropriate"
The next four amendments were accepted with no debate. They included the following:
- Chapter 1, Clause 4(2)(c) regarding Fundamental principles
- Chapter 1, Clause 4(2)(j) regarding Fundamental principles
- Chapter 1, Clause 5 regarding Enforcement and implementation of Convention
- Chapter 13, Clause 13 regarding Powers and duties of Authorities
Mr Moorcroft (Democratic Party) raised a concern with the amendment proposed for Chapter 2, Clause 13 (1)(k). The amendment proposed to add to the end of the line the phrase, "but such movable and immovable property may not be alienated, leased or encumbered without the prior written approval of the Minister" Mr Moorcroft wondered whether or not there was a definition of what assets are to be protected. The committee was informed by Ms Coetzee, that there is a nomination file for World Heritage sites that describes the different qualifications for a heritage site. This file creates guidelines in order to make it easier for Ministers to determine what areas will become protected in their countries. It was then suggested by Ms Semple (Democratic Party) that the clause be amended to read "but such movable and immovable property, as described in the nomination file, may not be alienated, leased or encumbered without the prior written approval of the Minister". The committee accepted this amendment with Ms Semple suggestion.
The next final five amendments where accepted with no debate. They include the following:
- Chapter 4, Clause 21(e) regarding Harmonisation of integrated management plans
- Chapter 4, Clause 23(g) regarding Contents of integrated management plans
- Chapter 4, Clause 24(7) regarding Duration of integrated management plans
- Chapter 5, Clause 30(3) regarding Land consolidation
- Chapter 6, Clause 33 regarding Security
The department then presented proposed editorial amendments which were made to correct a few grammatical errors found in the bill. They were accepted with no debate.
Minutes supplied by Contact
Appendix 1
Amendments agreed to World Heritage Convention Bill
[B42-99]
LONG TITLE
1. On page 2, in the fifth line of the long title of the Bill, delete ", functions"
PREAMBLE
2. On page 2, in the seventh line of the Preamble, delete "Now" at the beginning of that line
CONTENTS OF THE ACT
3. On page 3, in line 8, to insert "and duties" after the word "powers"
CLAUSE 1 - DEFINITIONS
Clause 1(xxi) - Definition of "State land"
4. On page 4, lines 41 - 49, delete the entire subsection, and renumber the subsequent definitions
Clause 1(xxiv) - Definition of "tourism"
5. On page 4, lines 54 - 57, delete the entire subsection, and renumber the subsequent definitions
CLAUSE 4 - FUNDAMENTAL PRINCIPLES
Clause 4(1)(i)
6. On page 6, in lines 21 and 22, delete the phrase ", assessed and evaluated";
Clause 4(1)(l)
7. On page 6, in line 32, insert before the word "in", the phrase "and the principles of co-operative government"
Clause 4(2)(b)
8. On page 6, in line 55, delete the word "altogether"; replace the phrase "minimised and remedied" with "mitigated"
Clause 4(2)(d)
9. On page 6, in line 60, delete the word "altogether"
Clause 4(2)(h)
10. On page 7, in line 11, delete the word "altogether" and replace the phrase "minimised and remedied" with "mitigated"
CLAUSE 6 - IDENTIFICATION & NOMINATION OF WORLD HERITAGE SITES
Clause 6(1)
11. On page 7, in line 38, replace the word "Department" with "Minister" and delete the phrase "identification and"
Clause 6(2)
12. On page 7 in line 41, replace the word "prescribed" with "determined", and the word "may" with "must"
Clause 6(4)
13. On page 7, in lines 47 and 48, delete the phrase "upon the recommendation of the Department, or, if it is in existence, the body referred to in subsection (2),", and replace the word "prescribe" with "determine"
CLAUSE 7 - CONSULTATION PRIOR TO DECLARATION OR ESTABLISHMENT OF AN AUTHORITY
Clause 7(1)
14. On page 8, in lines 6 and 7 replace the word "may" with "must"
Clause 7(2)
15. On page 8, in line 14, insert a new subsection (2) and renumber the subsequent subsections:
"(2) The consultation with interested parties referred to in subsection (1) may be in a manner that the Minister considers to be appropriate, including —
(a) calling on interested parties to participate in the public hearings referred to in subsection (1); and
(b) specifying particulars of the consultation process by notice in the Gazette, at least two nationally distributed newspapers, appropriate local newspapers and radio stations."
16. On page 8, in line 14, remove the word "notify" and place it after the word "applicable"
Clause 7(3)
17. On page 8, in line 22, replace the words "and in" with "," and add to the end of the line the phrase ", appropriate local newspapers and radio stations"
CLAUSE 8 - ESTABLISHMENT OF NEW AUTHORITIES
18. On page 8, in line 35 add the word "and" after the word "powers", and in line 36 delete the words ", functions and jurisdictions"
CLAUSE 12 - DISESTABLISHMENT OF AUTHORITY & REVOCATION OF POWERS
19. On page 8, replace the entire clause 12 with the following:
"12. (1) An Authority referred to in section 9 must only be disestablished in terms of a resolution by Parliament
(2) The Minister must, at any time, investigate the performance by an Authority of its powers and duties in terms of this Act, the Convention or the Operational Guidelines.
(3) As part of any such investigation, the Minister must afford the Authority the opportunity of refuting any allegations against it.
(4) If that investigation reveals that an Authority is not performing its functions properly, the Minister must submit a report to Parliament for consideration by the National Assembly and the National Council of Provinces.
(5) If the National Assembly and the National Council of Provinces pass a resolution amending, suspending, revoking or terminating the powers of such an Authority or disestablishing it, the Minister must give effect to such a resolution by notifying that Authority accordingly.
(6) Where an Authority is disestablished in terms of this section, the Minister must ensure that-
(a) the assets of the Authority are protected; and
(b) the resolutions of the National Assembly and the National Council of Provinces be published in the Gazette for public information."
CLAUSE 14 - ESTABLISHMENT OF ADVISORY BOARD
Clause 14(4)
20. On page 11, in line 5, delete the word "substantial"
CLAUSE 15 - POWERS OF ADVISORY BOARD
21. On page 11, in line 22, the marginal note should read "Powers and duties of Advisory Board"
CLAUSE 17 - APPOINTMENT OF EXECUTIVE STAFF COMPONENT
Clause 17(5)
22. On page 12, in line 11, before the word "prescribe", insert the phrase "with the concurrence of the Minister of Finance";
CLAUSE 30 - LAND CONSOLIDATION
23 On page 14, replace the entire clause 30 with the following:
"30. (1) The Minister may, with the concurrence of the Minister of Finance, transfer any movable or immovable property belonging to the State to an Authority to enable it to perform its powers and duties or to achieve any of its objects.
(2) Immovable property transferred to an Authority in terms of subsection (1), may not, without the prior written approval of the Minister, granted with the concurrence of the Minister of Finance, be alienated, leased or encumbered.
(3) The Minister may-
(a) subject to section 40 of the Deeds Registries Act (Act No. 47 of 1937), consolidate land of which the State is the owner and forming part or potentially forming part of a World Heritage Site;
(4) The Minister must before giving written consent in terms of subsection (3), consult with all relevant parties, including the relevant-
(a) land owners;
(b) mortgage holders; and
(c) cultural, nature conservation, heritage and similar public interest bodies with an interest in the area affected by the proposed action.
(5) A registrar defined in section 102 of the Deeds Registries Act, 1937, must, upon submission to him or her of a certificate by the Minister that land has been transferred to an Authority in terms of this section, make such entries and endorsements as he or she may deem necessary in or on any relevant register or other document in his or her office or laid before him or her, in order to register such land in the name of the Authority, and no stamp duty, office or other fee is payable in respect of such registration.
(6) If an Authority is disestablished in terms of section 12, and without derogating from the generality of section 12(4)(a), a registrar must, upon submission to him or her of a certificate by the Minister that land transferred to an Authority in terms of subsection (5) has been transferred back from such Authority to the State, make such entries and endorsements as he or she may deem necessary in or on any relevant register or other document in his or her office or laid before him or her, in order to register such land in the name of the State, and no stamp duty, office or other fee is payable in respect of such registration."
CLAUSE 32 - FUNDING
24. On page 15, in line 37, delete sub-paragraph (f)(i) and renumber subsequent sub-paragraphs; and in line 43, delete paragraph (i) and renumber subsequent paragraphs
CLAUSE 34 - EXPENDITURE OF MONIES
Clause 34(2)
25. On page 16, in line 3, add to the end of the line the phrase "with the approval of the Minister, with the concurrence of the Minister of Finance, and, if applicable, the relevant MEC"
CLAUSE 41 - ANNUAL REPORT
26. On page 17, after line 38, insert a new paragraph (c):
"(c) detail of agreements entered into by the Authority in terms of sections 13(g) and (j)."
FURTHER AMENDMENTS FOR DISCUSSION ON 20 SEPTEMBER
CLAUSE 1 - DEFINITIONS
Clause 1(xviii) - Definition of "Private land"
1. On page 4, in line 37, delete the entire subsection, and renumber the subsequent definitions
Clause 1(xx) - Definition of "State forest"
2. On page 4, in line 39, delete the entire subsection, and renumber the subsequent definitions
CLAUSE - FUNDAMENTAL PRINCIPLES
Clause 4(2)(a)
3. On page 6, in line 52, delete the word "altogether" and insert before the word "minimised", the phrase "where appropriate"; and replace the phrase "minimised and remedied" with "mitigated"
Clause 4(2)(c)
4. On page 6, in line 58, delete the word "altogether"; replace the phrase "minimised and remedied" with "mitigated";
Clause 4(2)(j)
5. On page 7, in line 16, delete the word "sectarian" and insert after the word
"purposes" the phrase "of threatening a culture based on equality and freedom", and insert before the word "political" the phrase "for party-";
CLAUSE 5 - ENFORCEMENT & IMPLEMENTATION OF CONVENTION
6. On page 7, in line 18, replace the word "Department" with "Minister"
CLAUSE 13 - POWERS AND DUTIES OF THE AUTHORITIES
Clause 13(1)(g) and (h)
7. On page 9, in lines 35 to 41, replace paragraphs (g) and (h) with a new paragraph (g) and renumber subsequent paragraphs:
"(g) subject to section 217 of the Constitution, enter into agreements with any person for the provision of goods and services, including the performance of powers and duties of the Authority, but the Minister may prescribe the procedure to be adopted in procuring and negotiating such agreements, or in any particular matter determine that an agreement requires his or her prior written approval."
Clause 13(1)(k)
8. On page 9, in line 48, add to the end of the line the phrase ", but such movable or immovable property may not be alienated, leased or encumbered without the prior written approval of the Minister"
CLAUSE 21 - HARMONISATION OF INTEGRATED MANAGEMENT PLANS
9. On page 12, in line 45, delete the word "and"; in line 46 replace the "." with "; and"; and in line 47, insert a new paragraph (e):
"(e) existing planning and development plans of an existing organ of state referred to in section 8."
CLAUSE 23 - CONTENTS OF INTEGRATED MANAGEMENT PLANS
Clause 23(g)
10. On page 13, in line 21, delete the word "and"; in line 23 replace the "." with "; and"; and after line 23, insert a new sub-paragraph (vi):
"(vi) if applicable, alienation, lease or encumbrance of immovable property referred to in section 13(j) in accordance with this Act"
[Note: 13(j) is the reworded and renumbered clause 13(k)]
CLAUSE 24 - APPROVAL OF INTEGRATED MANAGEMENT PLANS
11. On page 13, after line 47, insert a new subsection (7):
"(7) The Minister may, after consultation in terms of subsection (4), approve the existing planning and development plans of an existing organ of state referred to in section 8, as the integrated management plan for purposes of this chapter, if the Minister is satisfied that such plans comply materially with this chapter.
CLAUSE 30 - LAND CONSOLIDATION
12. On page 14, add to the reworded Clause 30(3) a new paragraph (b)
"(b) subject to section 65 of the Deeds Registries Act, 1937, register by notarial deed a condition over land forming part or potentially forming part of a World Heritage Site to the effect that such land may not be separately alienated, leased or encumbered without the prior written consent of the Minister."
CLAUSE 33 - SECURITY
13. On page 15, in lines 48 to 50, replace the phrase "Minister, and if applicable, the MEC, but if the asset concerned is worth more than ten percent of the total assets of the Authority, also with the consent of the Minister of Finance" with the phrase "Cabinet and, if applicable, the relevant MEC"
PROPOSED EDITORIAL AMENDMENTS
1. Throughout the Bill there are headings, marginal notes and clauses in which the phrase 'organs of State' appears. This must be corrected to be 'organs of state' (all in lower case) to be constitutionally correct. The applicable headings, marginal notes and clauses are as follows:
On page 2, line 16
On page 5, line 52, in clause 4(1)
On page 6, line 29, in clause 4(1)(l)(i)
On page 6, line 29, in clause 4(1)(l)(ii)
On page 8, line 23, in the heading of clause 8
On page 15, line 44, in clause 32(j)
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