National Environmental Management Bio Diversity Bill: voting mandates

The Committee voted on the Bill and all provinces approved it, with the exception of the Western Cape, which abstained.

The meeting was adjourned.

Appendix:
Final mandates:
The Eastern Cape, Northern Cape, Gauteng, Mpumalanga, Limpopo and Free State legislatures conferred a final mandate to their NCOP Permanent Delegates to vote in favour of the National Environmental Management Bio Diversity Bill [B30D-2003].

Western Cape Provincial Parliament
The Standing Committee on Local Government, Environmental Affairs and Development planning on the National Environmental Management Bio diversity Bill (B30D-2003) (NCOP), referred to the Provincial Parliament in terms of the rules of the National Council Of Provinces, begs to report that it conferson the Western Cape's delegation in the NCOP the authority to support the Bill with the following recommendation.

That on page 30, in line 2 after "Other" to insert "potential"

Kwazulu-Natal Provincial Parliament
The Committee noted the editorial omissions and/ or errors listed below in the final amended version of the Bill [B3OD- 2003), which incorporates the amendments agreed to by the National Assembly Portfolio Committee on Environmental Affairs and Tourism, as reflected in the "C" version of the Bill {3OC -2003] The Committee would therefore recommend that recognition and/or errors be addressed:

{A} Clause I

Oil page 7, after line 4, to insert a definition of "biosafety".

The term 'biosafety' appears on page 36 in line 26~ yet it is not defined The meaning of the term is unclear

(B) Clause 45(a)

On page 21, in line 26, to omit 'and", in accordance with the amendment sought in the "C" version of the Bill (B30C -2OO3), thus

(a) be aimed at ensuring the long-term survival in nature of the species or
ecosystem to which the plan relates; (and]"

The failure to omit 'and' where indicated appears to be an oversight only, as this is an amendment sought in the "C'-version of the Bill {3OC-2OO3}

Considering the amendments sought to Clause 45 of the Bill currently under consideration {B 30D-2OO3] 'and' ought to be omitted

{C} Clause 66(1)

On page 27, in line 10, to omit the reference to '64-" and to insert '65-', thus;

(1) The Minister may, by notice in the Gazette exempt from the provisions of section [64}65'

The reference to section "64' appears to be an oversight and is clearly incorrect, given the context. The reference to '64" was seemingly carried Over from an earlier version of the Bill (B3OB-2003], where the text of section 64 corresponds with the text of section 65 in the current version of the Bill [B3OD-2003] Due to the insertion of new clauses in the current version of the Bill [D3OD-2003], the numbering of the clauses has changed thus necessitating the amendment listed above.

(D) Clause 73(2)
On page 28, in line 24, to omit paragraph (a)~ in accordance with the amendrnent sought in the 'C'-version of the Bill (30C-2003} and to change the numbering of the remaining paragraphs as a consequence of the deletion, thus:

a)Notify any relevant competent authority, in writing, of the listed invasive species occurring on that land;]
b) (a)take steps to control and eradicate the listed invasive species and to
prevent it from spreading; and
(C)](b) take all the required steps to prevent or rninimise harm to biodiversity"

The failure to omit paragraph (a) where indicated appears to be an oversight only, as this is an amendment sought In the "C"-version of the Bill [B30C-2003].

The provincial delegation is further mandated to consider any additional amendments, providing that:
Proviso
1) such amendment/s does/do not alter the essential elements of the bill; and

2) consensus is reached on such proposed amendment/s by the Kwazulu-Natal delegates attending the Select Committee finalizing the Bill and/or the plenary session of the NCOP voting on the Bill

North West Province Provincial Parliament
Concerns
In p.2 of the amendment clause 4(a) states ……." bioIogical resource as defined section 80…. " Clause 8O of the Bill under review deals with 'Benefit sharing agreements' Nowhere does it define the aforesaid terminology, The said definition is, rather found in p29 clause 78(3) of the Bill under review,

In p.4 of the amendment under NEW CLAUSE the subtitle siIently amends the one in the Bill under review by omitting the word "national"".
Elsewhere in the amendment when the same word is to be deleted in the Bill under review it is clearly so stated.

In p8 of the amendment clause 80 seems to be amending clause 78 of the Bill under review without so stating.

Resolution
The Portfolio Committee having considered the input on the rninutes of the Select Committee resoIved that the permanent deIegate should discuss in line with other provinces and support the essence and the principle of the bill.