Marine Oil Pollution (Preparedness, Response and Cooperation Bill): consideration of written submissions

Meeting report

The Chairperson welcomed attendees to the meeting and took roll call.

Mr H Mtileni, Committee Secretary, noted the apology received from Mr E Nzimande (MK, Gauteng). Ms T Breedt (FF+, Free State) will also need to depart the meeting early.

The Chairperson informed the Committee of the agenda for the meeting.

Ms Breed accepted the agenda.

Dr I Scheurkogel (DA, Free State) seconded.

Consideration of Written Submissions on the Marine Oil Pollution (Preparedness, Response and Cooperation Bill) [B10 - 2022] (Sec 76)

Dr Anneke Clark, Committee Content Advisor, presented an overview of the written submissions received on the Marine Oil Pollution (Preparedness, Response, and Cooperation Bill). The Bill’s objectives aim to regulate and manage preparedness and response to major marine pollution incidents at the national level, while also ensuring international cooperation. The Bill also focuses on contingency plans, research, training, and exercises related to marine pollution. Dr Clark emphasised that, according to Section 200(1)(4) of the Constitution, agreements like the International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC) must be domesticated into South African law before they can be binding.

The Bill was introduced in Parliament in March 2022 and referred to the Portfolio Committee on Transport. After considering submissions from various stakeholders, the Committee made several amendments to the Bill. Key changes included stronger protections for marine and wildlife, clearer risk assessments, and mandatory marine oil pollution risk assessments for owners or operators of certain facilities. After passing the National Assembly, the Bill lapsed under the 6th Parliament but was revived in the 7th Parliament in July 2024. It was then referred to the Select Committee on Public Infrastructure.

An advert was placed calling for written submissions on the Bill, which had a deadline of 13 November 2024. Two stakeholders submitted written comments: a joint submission from several environmental organisations, including the Biodiversity Law Centre, the South African Foundation for the Conservation of Coastal Birds (SANCCOB), BirdLife South Africa, the Green Connection, and Natural Justice; and a second submission from SANCCOB.

SANCCOB expressed support for the Bill, especially its inclusion of wildlife response provisions, but raised concerns about government's capacity to implement the Bill effectively, urging proper planning for the required resources and personnel. The joint submission, meanwhile, supported the Bill's domestication of the OPRC but called for further harmonisation with existing environmental laws. They recommended that the Bill should explicitly reference South Africa's environmental rights under the Constitution and align with other environmental management acts, such as the National Environmental Management Act (NEMA). Additionally, the submission pointed out that the Bill lacked provisions regarding South African-flagged ships, particularly concerning oil pollution contingency plans and risk assessments.

Another significant concern was the omission of obligations related to international research and technical cooperation under the OPRC, which the joint submission argued should be clearly defined in the Bill.

Dr Clark recommended that the stakeholders be invited to present oral submissions to the Committee. She also noted that the Department of Transport would respond in detail to the submissions at a future meeting.

See attached for further details

Discussion

The Chairperson inquired whether the invitation for oral submission from the Biodiversity Law Centre, SANCCOB, and the Green Nation Natural Justice would occur before or after the Department of Transport's input.

Dr Clark replied that the oral submissions could be scheduled on the same day. She suggested that the stakeholders could provide their inputs in the morning, followed by the Department of Transport's response in the afternoon, within the same meeting.

The Chairperson expressed his support of Dr Clark’s proposal.

There were no further questions or comments from the Committee.

Consideration of the Select Committee Report of the Oversight Visit to KwaZulu-Natal Province from 23 to 25 October 2024

Dr Clark shared her screen and scrolled through the report without reading from it.

The Chairperson invited Committee Members to raise their hands should they have questions.

Discussion

Dr Scheurkogel inquired about a report from the Ugu District Municipality regarding the monthly costs associated with water tankers delivered to communities. He noted that it was already past a month and asked whether the report had been received or if a follow-up was required.

His second question related to a visit to the Committee’s previous visit to the Dlangezwa community hall, and their observations of issues such as the lack of water, missing faucets, and the absence of furniture for the community. He asked if there had been any feedback from the mayor or the ward councillor regarding these issues, including the need for permanent security and improvements to the parking area.

Mr Mtileni clarified that they had not received feedback.

The Chairperson requested that Mr Mtileni prompt the Ugu District Municipality for feedback on the water tanker report and asked for the information to be reported back at the next meeting. He also suggested that the Committee write to the municipality regarding the action points raised about the Dlangezwa community hall.

Dr Scheurkogel moved to adopt the report.

Mr B Mabebo (ANC, North West) seconded.

See full report here https://pmg.org.za/tabled-committee-report/6054/

Consideration and adoption of minutes of the previous meeting

The Chairperson shared his screen and scrolled through the minutes.

Mr T Kaunda (ANC, KwaZulu-Natal) moved to adopt the minutes.

Dr Scheurkogel seconded.

Draft First Term Committee Programme Framework for 2025

Mr Mtileni presented the Draft Committee Programme Framework, covering the period from January to April 2025. He outlined the schedule for the Committee’s meetings, beginning with the first meeting on 19 February, which would include receiving written responses on the Marine Oil Pollution Bill and oral submissions from stakeholders. He explained that the late start was due to NCOP Members' training and a joint sitting on the State of the Nation Address.

On 26 February, the Committee would consider amendments to the Convention on Offences and the International Convention on Civil Liability for Oil Pollution Damage. There will be a strategic planning session from March 4th to 5th, followed by an introductory session with Transnet on 12 March, covering the mandate, divisions, historical achievements, and performance targets. A similar meeting with South African Airways is planned for 19 March. On 26 March, the Committee will receive a briefing from the Department of Transport and PRASA on the progress of the Station Modernisation Programme.

In April, the Committee planned a three spheres planning session (date to be confirmed), and on 9 April, they will consider negotiating mandates on the Marine Oil Pollution Bill, with a departmental response on the same day. Finally, on 16 April, the Committee will consider the final mandate and adopt the Select Committee report on the Bill.

The Chairperson asked if the Committee would be doing any oversight visits during the next year.

Mr Mtileni clarified that no oversight visits are scheduled for the first quarter of 2025.

The Chairperson stated that they would submit the framework to the House Chair of Committees at the NCOP for approval, and concluded the meeting.

Meeting adjourned.