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LAND AND ENVIRONMENTAL AFFAIRS SELECT COMMITTEE
30 October 2002
Wed., 30 October 2002 (at 11:00)
Rev M Chabaku
Dr P J C Nel
Mrs J N Vilakazi
Mr N M Raju
Mr G B Bhengu (Special delegate)
Mr R M Nyakane
Mr V V Z Windvoël
Mr J Horne
Mr A E van Niekerk (Visiting member)
Rev P Moatshe
Ms B N Dlulane
Dr E A Conroy
Ms B Thompson
Mr M A Sulliman
Also in attendance, from the Department of Agriculture, were:
Mr T Marias - Chief Financial Officer
Mr J Venter - Senior Manager: Debt Management
Ms Tshililo-Shishonga - Chief of Staff: Ministry for Agriculture and Land Affairs
Adv G Hoon - State Law Adviser
Adv O Kellner - State Law Adviser
AGENDA: 1. Finalisation of National Environmental Management Amendment Bill [B 62 - 2002].
2. Finalisation of the Agricultural Debt Management Amendment Bill [B 45 - 2002].
The Chairperson opened the meeting and welcomed members and guests.
Finalisation of National Environmental Management Bill
Summary of Final Mandates:
Authority was conferred to vote for the adoption of the Bill.
Authority was conferred to voted for the adoption of the Bill.
Authority was conferred on the Gauteng delegation to vote in favour of the Bill.
The KwaZulu-Natal delegation was mandated to support the Bill with any further amendments that may be brought, as long as such amendments did not alter the essential elements of the Bill and consensus was reached on the amendments amongst KZN delegates on the Committee.
The mandate was conferred to vote in favour of the Bill.
The final mandate was given to vote in favour of the Bill.
The legislature conferred the mandate to vote in favour of the Bill.
The legislature conferred its authority on its delegation to vote in favour of the Bill.
Authority was conferred on the Western Cape delegation to support the Bill without amendment.
Finalisation of the Bill:
The Memorandum of Desirability was agreed to.
National Environmental Management Amendment Bill [B 62 - 2002] (Sec 76), agreed to.
Finalisation of the Agricultural Debt Management Amendment Bill
Briefing on the Bill:
The Department pointed out the following:
It was intended that the principal Act, the Agricultural Debt Management Act, 2001, (the Act), would come into operation on 1 April 2002. In attempting to implement this Act, however, certain problems were encountered.
In terms of section 9(1) of the Act, and officer in the Department of Agriculture may, despite the provisions of any other Act, tender a mortgage bond, agreement, consent, authorisation, or any other document at any deeds registry for registration or filing. The Department was advised that "tendering" also includes framing of the said documentation.
The Chief Registrar of Deeds indicated that section 9(1) of the Act was not in line with the provisions of the Deeds Registries Act, 1937. He indicated that the Act does not provide for the framing of mortgage bonds, agreements, consents, authorisations and other documentation by officials of the Department of Agriculture. Section 9(1) only provides for the tendering (lodging) of such documentation.
It is imperative for officials of the Department to be in a position to frame and tender the relevant documents in order to prevent a waste of time and money. For this reason, the Chief State Law Adviser and the Chief Registrar of Deeds recommended that section 9(1) of the Act be amended.
The new wording as now appears on the amending Bill is supported by the Chief State Law Adviser and the Department.
Responses to questions:
Questions raised by members of the Committee related to general matters pertaining to agricultural debt and agricultural development. As such, they do not relate to the process of the passing of this Bill by the Committee. They do however point to the need for the Committee to interact with the Department on these issues at a later date.
The Department gave the undertaking that such an interaction could take place before the end of the current term.
Consideration of the Agricultural Debt Management Amendment Bill:
The Motion on Desirability, agreed to.
Clauses 1 - 2, agreed to.
Agricultural Debt Management Amendment Bill [B 45 -2002] (Sec 75), agreed to.
The Chairperson thanked members and guests for their attendance and adjourned the meeting at 12:10.
Rev P Moatshe
Chairperson: Select Committee on Land and Environmental Affairs.
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