Briefing on National Environmental Management Amendment Bill [B62 - 2002].

MINUTES OF THE SELECT COMMITTEE ON LAND AND
ENVIRONMENTAL AFFAIRS
15 October 2002. PRESENT:

Eastern Cape
Mr R Z Nogumla

Free State
Rev M Chabaku

KwaZulu-Natal
Ms B Thompson
Mr G B Bhengu (Special Delegate)

Mpumalanga
Mr V V Z Windvoël

Northern Cape
Mr D M Kgware (Visiting member)

North-West
Rev P Moatshe

APOLOGIES
Ms J Kgoali
Ms A M Versfeld
Mr M A Sulliman
Dr E A Conroy

Also in attendance, from the Department of Environmental Affairs and Tourism, were:
Mr D Fredericks - Senior Legal Administration Officer
Mr S Schneier - Principal Environmental Officer, Marine and Coastal Management (MCM)
Dr D E Malan - MCM
A Mpela - SALGA: Liaison Officer
Adv. O Kellner - State Law Adviser
Mr F Rogers - Parliamentary Officer

AGENDA: 1. Briefing on National Environmental Management Amendment Bill [B62 - 2002].

The Chairperson opened the meeting and welcomed members and guests present.

Briefing by Mr D Fredericks on the National Environmental Management Amendment Bill:

Mr Fredericks pointed out that the Bill merely made technical amendments to the National Environmental Management Act (NEMA). It merely served to clear up any ambiguity that might still exist about the Minister being empowered to take action to prevent activities that might lead to environmental degradation.

The amending Bill removes any legal uncertainty about the Minister's power to protect the environment and, as such, is merely a tidying up of NEMA.

The amending Bill is to function retrospectively from the date of the enactment of the principal Act, (1998).

Clause 1 of the Bill amends section 1 of NEMA. It merely gives a more precise definition of "activities" than was found in the principal Act.

Clause 2 amends section 44 of NEMA. It merely serves to confirm that the Minister has the power to protect the environment.

The amendment to the long title does exactly the same as clause 2; i.e. it reiterates that the Minister has the power to protect the environment.

In conclusion then, it can be seen that the amendments brought are merely of a technical nature and they ensure that the Minister can protect the environment. The State Law Adviser concurred with this summary.

Response to questions:

In their response to questions, officials of the Department pointed to the following:

Challenges to the Minister had come not from ordinary people seeking more access to the coastal regions, but rather from those who drove 4X4s negligently in the coastal areas.

The retrospective effect of the amendment is done to prevent the necessity of re-enacting measures taken to protect the environment prior to the passing of the amendment.

General:

The Chairperson mentioned that the fast-tracking of the Bill was being sought so that it could be passed by both Houses before the summer recess. To this end, final mandates would be sought immediately after the provincial briefings that were to take place in the week 21 -25 October 2002.

Conclusion:

The Chairperson thanked members and guests for their attendance and adjourned the meeting at 11:30.

Rev P Moatshe
Chairperson: Select Committee on Land and Environmental Affairs.