Forestry Laws Amendment Bill: Negotiating Mandates

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LAND AND ENVIRONMENTAL AFFAIRS SELECT COMMITTEE

LAND AND ENVIRONMENTAL AFFAIRS SELECT COMMITTEE
8 November 2005
FORESTRY LAWS AMENDMENT BILL: NEGOTIATING MANDATES

Chairperson: Rev P Moatshe (ANC)

Documents handed out:
Forestry Laws Amendment Bill [B24B – 2005] (Portfolio Committee Amendments incorporated into Bill)
Limpopo negotiating mandates (see Appendix A)
Gauteng negotiating mandates (see Appendix B)
North West negotiating mandates (see Appendix C)
Western Cape negotiating mandates (see Appendix D)
Free State negotiating mandates (see Appendix E)
Mpumalanga negotiating mandates (see Appendix F)
Eastern Cape negotiating mandates (Appendix G)

SUMMARY
Provincial representatives presented the provincial negotiating mandates on the Forestry Laws Amendment Bill. All provinces agreed to the Bill. The Department was pleased with the decisions. Members expressed concern at the limited time period provided before the final mandate had to be produced.

MINUTES
Mr R Tau (ANC, Northern Cape) and co-Chairperson, noted the following negotiating mandates:

Eastern Cape response
Mr P Masualle had been designated as a Special Delegate to attend the meeting and present the Negotiating Mandate on behalf of the Eastern Cape Province. The mandate supported the Bill.

Free State response
Mr Tau stated that the Free State supported the Bill.

Mpumalanga response
Mr A Watson (DA, Mpumalanga) noted that the Committee had explained the Bill to 63 members of the public present at a meeting at the Gert Sibande District Municipality offices in Secunda on 2 November 2005. He stated that the province supported the Bill.

Northern Cape response
Mr R Tau (ANC) noted that there was no negotiating mandate from the Northern Cape due to unforeseen circumstances. A response would be supplied by the date for final mandates. He did not foresee any problems with the Bill.

Limpopo response
Ms H Matlanyane (ANC, Limpopo) noted that Limpopo's Agriculture, Land and Water Affairs Portfolio Committee, having considered the Bill, had approved the Bill.

North West response
Rev P Moatshe (ANC, North West) stated that the province supported the Bill.

Western Cape response
Mr F Adams (ANC, Western Cape) claimed that the provincial committee had raised a concern about the removal of alien trees that may cause irreversible damage to the natural forestry. This should be addressed through a management strategy. It also noted that there needed to be an amendment to the Memorandum of the Bill which still referred to it as Section 75 although it had been re-tagged as a Section 76 Bill. The Bill had been supported nonetheless.

Ms Linda Garlipp, senior legal officer: Department of Water Affairs and Forestry, said that the Department had taken note of the concern being addressed through a management strategy. She commented that the concern would not affect the amendments.

Ms Regina Mostare, State Law Advisor, Department of Justice, stated that the suggested amendment to the Memorandum on the Bill did not affect the Bill itself.

Mr Adams said that there had been confusion in the provinces surrounding the phrase "Section 75" appearing in the Bill.

The Clerk pointed out that "Section 75" had been changed to "Section 76" in the new printing of the Bill.

Gauteng response
Mr M Mzizi (IFP, Gauteng) noted that the province said that it had not been informed about the social and financial implications of the Bill. The Committee did support the Bill and proposed no further amendments.

Kwa-Zulu Natal response
The Chairperson commented that there had been no negotiating mandate because the Committee had been busy with public hearings. A final mandate would be provided on time.

Discussion
Mr A Watson (DA) expressed concern about the limited time period before the final mandate had to be presented and suggested that a meeting be organised to discuss the outstanding issues. He emphasised that to avoid problems, the process should be carried out along the correct legislative channels.

Mr M Mzizi (IFP) stated that the process should not be delayed because dates and a framework had been provided to the provinces. The responsibility to follow the schedule should be with the provinces.

Ms H Matlanyane (ANC) asked whether the Committee should communicate directly with the provincial committee chairpersons.

Mr A Watson (DA) replied that the permanent delegates should negotiate with their provincial committee chairpersons. He suggested that a brief statement outlining the final mandate should be given by each province at the next meeting to avoid time wastage.

The Chairperson stated that the India Report would be discussed at the Committee's next meeting.

Mr R Tau (ANC) commented that the Department should provide the Committee with its Annual Report well before it was to be discussed. This would give Members enough time to engage with the Report so that they could contribute effectively in the meeting.

Ms H Matlanyane (ANC) noted that there was a possibility that Members would have to come back in early December anyway in order to to debate the Cross-Boundary Municipality Laws Repeal Bill in the NCOP. She suggested that the Chair of Committees should be approached about the short time period for their Bill.

The meeting was adjourned.


Appendix A: Limpopo negotiating mandates

LIMPOPO LEGISLATURE: NEGOTIATING MANDATE


PORTFOLIO COMMITTEE ON AGRICULTURE, LAND AND WATER AFFAIRS


INTRODUCTION


The National Council of Provinces referred the Forestry Laws Amendment Bill ,[B24B- 2005] to the Limpopo Legislature for conferral of mandates and the Limpopo Legislature referred the Bill to the Portfolio Committee on Agriculture, Land and Water Affairs for consideration and referral of mandate.


BRIEFING


On Friday, 21 October 2005, the NCOP delegate, Hon Motlatjo Thetjeng briefed the Portfolio Committee: on Agriculture, Land , and Water Affairs at Parliamentary Village , Polokwane.


FINDINGS

The Committee was satisfied by the briefing and appreciated the amendment of Section7(I)(a) of the National Forestry Act, 1998 (Act No .84. of 1998)by deleting the word "living" from "any indigenous living tree in natural forests". The Committee felt that the word "living" would make it difficult to control the cutting , damaging or damaging or destructing ' indigenous trees since it might encourage people to commit the act in the pretext that the wood or fire wood was cut from a dead tree and thus making difficult to enforce the Act.


Amongst others, the Committee also appreciated the insertion of Section 27A that will enable the Minister to establish the trust and other amendments aimed at extending the powers of the Minister.


The Committee also found that the amendments on the Amendment of the National Veld and Forest Fire Act, 1998 and the Amendment of the Wattle Bark Industry Act, 1960 were necessary to allow the Acts to be more relevant to the current democratic dispensation. The Repeal of Wattle Bark Industry Act, 1960 was particularly appreciated in that this will go a long way in integrating the whole country.


NEGOTIATTNG MANDATE


Tile Committee, having been briefed and considered the amendments, resolved to confer the mandate to the NCOP Delegates to vote in favor of the Bill to allow the Bill to be more relevant to the current constitutional obligations.


HON DR HE MATEME: PORTFOLIO COMMITTEE CHAIRPERSON

Appendix B: Gauteng negotiating mandates

AGRICULTURE, CONSERVATION AND ENVIRONMENT PORTFOLIO COMMITTEE

NEGOTIATING MANDATE ON FORESTRY LAWS AMENDMENT BILL [B24B-2005]


(SECTION 76)


1. INTRODUCTION


The Chairperson of the Gauteng Portfolio Committee on Agriculture, Conservation and Environment, Ms N Nkomo-Ralehoko tables the Committee's Negotiating Mandate on the Forestry Laws Amendment Bill (824B - 20051 as follows:


2. PROCESS FOLLOWED


On Friday, 14 October 2005, the Speaker formally referred the Forestry Laws Amendment Bill [B24B-2005], a Section 76, in terms of the Gauteng Provincial Legislature ‘s Standing Rules 232(1)(a) read with 235(4) and (6).


The Portfolio Committee at its meeting of the 21st October 2005, received a Provincial briefing from the Permanent Delegate to the National Council of Provinces(NCOP), Honourable Member A Mzizi.


On the 28" October 2005, Gauteng Department of Agriculture, Conservation and Environment (GDACE) gave a presentation on the Bill to the Committee. After due deliberations the Negotiating Mandate on the Forestry Laws Amendment Bill [B24B-2005] was unanimously adopted by the Portfolio Committee.


The Portfolio Committee did not consult with I stakeholders nor conduct public hearing when considering this amendment bill, as the main purpose of this bill is to clean up existing legislation within the administrative competence of the Department of Water Affairs and Forestry


3. SOCIAL AND FINANCIAL IMPACT ASSESSEMENT OF THE BILL FOR THE PROVINCE


The Gauteng Department of Agriculture, Conservation and Environment has confirmed and assured the Portfolio Committee during its presentation to the Portfolio Committee that the bill will have no social or financial implications for the Province.


4. PRINCIPLE AND DETAIL OF THE BILL


The Bill aims to amend three Acts: National Forest, 1998(Act No 84 of 1998), National Veld and Forest Fires Act, 1998(Act, No 101 of 1998 and Wattle Bark Industry Act, 1960( Act No.23 of 1960).


5. CONSTITUTIONALITY OF THE BILL


The Bill has been tagged as a section 76 and will therefore require that the provisions of section 65 of the Constitution be applied in the NCOP, in relation to the passage on the bill.


6. COMMITTEE POSITION


The Committee supports the bill with no proposed amendments.


7. NEGOTIATING POSITION ADOPTED BY COMMITTEE


The Gauteng Portfolio Committee on Agriculture, Conservation and Environment, supports the principle and detail of the Forestry Laws Amendment Bill [B24B-2005]


Ms Nomantu Nkomo-Ralehoko : Chairperson: Agriculture, Conservation and Environment Committee

Appendix C: North West negotiating mandates
NORTH WEST PROVINCIAL LEGISLATURE


PORTFOLIO COMMITTEE ON AGRICULTURE, CONSERVATION & ENVIRONMENT [SECTION 75 BILL]


Report the negotiating mandates on the Forestry Laws Amendments Bill [B24-2005]


1. TERMS OF REFERENCE


The above mentioned Bill was referred to the Portfolio Committee for consideration as a matter of priority.


2. BRIEFINGS


On the 20th October 2005 Rev P Moatshe NCOP Permanent Delegate briefed the Portfolio Committee and the department on the above Bill


3. RESOLUTIONS


The Portfolio Committee having considered the updated amendments, and the minutes of the Select Committee resolved that the permanent delegate should discuss in line with other provinces and support the essence and the principle of the bill.


SIGNED


HON. JHL SERFONTEIN: CHAIRPERSON: AGRICULTURE, CONSERVATION, ENVIRONMENT & TOURISM

Appendix D: Western Cape negotiating mandates
WESTERN CAFE PROVINCIAL PARLIAMENT


Negotiating Mandate of the Western Cape Provincial Parliament


Report of the Standing Committee on Community Development on the Forestry Laws Amendment Bill [B24B - 2005] (NCOP), dated 19 October 2005, as follows;


The Standing Committee on Community Development having considered the subject to the Forestry Laws Amendment Bill [B24B - 2005] (NCOP), referred to the Provincial Parliament in terms of the rules of the National Council of Provinces (NCOP), begs to report that it confers on the Western Cape's delegation in the NCOP the authority to support the Bill with the following amendment.


1. On page 8, in line 3, to omit "75" and to substitute "76".


The committee also raised a concern with regard to the removal of alien trees, which may cause irreversible damage to the natural forestry and this could be addressed through a management strategy.


MS NP MAGWAZA :CHAIRPERSON


19 OCTOBER 2005

 

 

 

 

 

Appendix E: Free State negotiating mandates
FREE
STATE LEGISLATURE

02 OCTOBER 2005


TOURISM, ENVIRONMENTAL AND ECONOMIC AFFAIRS COMMITTEE


Report on the provincial inputs regarding Forestry Laws Amendment Bill [24B-2005]


1. Terms of Reference

The Forestry Laws Amendment Bill [B24B - 2005] has been referred to the Tourism, Environmental and Economic Affairs Committee by the Speaker on 14 October 2005.


2.
Briefing


(1) On the 20 October 2005, Mr N, Van Rooyen NCOP Permanent delegate of the Free State briefed the Committee on the content of the Bill.


(2) Advocate Machaka, Legal Advisor of the Free State Legislature briefed the Committee on the legal substance and effects of the Bill.


(3) The Committee could not hold the Public Hearings due to time constrain.


5.
Resolutions

The Committee resolved that:

1. Authority be conferred to the Free State delegation to vote In favor of the Bill.


MS A. BUTHELEZI :CHAIRPERSON TOURISM, ENVIRONMENTAL AND ECONOMIC AFFAIRS COMMITTEE

Appendix F: Mpumalanga negotiating mandates
MPUMALANGA PROVINCIAL LEGISLATURE

OFFICE OF THE SPEAKER

NEGOTIATING MANDATE : FORESTRY LAWS AMENDMENT BILL [B24B-2005]


The Portfolio Committee on Agriculture & Land Administration; Economic Development &. Planning (the Committee) met on the 21 October 2005 at 09HOO for the briefing by Hon. A Watson, the Permanent Delegate to the National Council of Provinces (NCOP) on the Forestry Laws Amendment Bill [B24B - 2005] (the Bill).


The Department of Agriculture and Land Administration and representatives from one of its parastatals, Mpumalanga Parks Board, were present at the meeting.


The Permanent Delegate provided answers to clarity seeking questions posed by Members of the Committee.


The Bill was circulated to the public and to the following stakeholders for their comments and inputs:

  • Hans Marinski Holdings
  • Mondi Forests
  • Vuka Rarnanas Forest Products (Pty) Ltd.
  • SAPPI Ngodwana
  • Global Forest Products Ltd.
  • Komatiland Forests


Stakeholders were requested to submit written inputs to the Legislature by the 02 November 2005. The Committee received no written submissions in this regard.


The Committee explained the Bill to the 63 members of the public that were present at the Gert Sibande District Municipality offices in Secunda on the 02 November 2005.


After consideration of the Bill, the Committee supports the Bill as it: stands.


MPUMALANGA PROVINCIAL LEGISLATURE


The Permanent Delegates representing the Province of Mpumalanga in the National Council of Provinces (NCOP) are conferred with authority and mandated to negotiate in favour of the Bill.


Hon : PC Ngwenya : Chairperson: Portfolio Committee on Agriculture & Land Administration; Economic Development & Planning

 


Appendix G: Eastern Cape negotiating mandates
(EASTERN CAPE PROVINCE)

REPORT OF THE PORTFOLIO COMMITTEE ON ECONOMIC AFFAIRS, ENVIRONEMNT AND TOURISM


Negotiating Forestry Laws Amendment Bill [B24B-2005]


1. Terms of reference


The Forestry Laws Amendment Bill [B24B-2005] was referred to the Portfolio Committee Economic Affairs, Environment and Tourism by the NCOP Business Committee for consideration.


2.
Briefing


The Committee was briefed on the purpose and content of the Bill.


3.
Consultation

The Committee considered the scope of consultation on the Bill and resolved as follows:

  • Although the Committee wanted to elicit public comments around the establishment of trust fund the time constraints made it impossible to do so.
  1. Concerns


The Committee does not have any concerns on the Bill and support the proposed amendments


Resolutions

The Committee having considered the Bill resolved that the following mandate be conferred:


(a) To support the Bill as proposed.


(b) That Honorable P Masualle, be designated as a Special Delegate to attend a meeting on Negotiating Mandates on behalf of the Eastern Cape Province.


HOK P MASUALLE

CHAIRPERSON:

PORTFOLIO COMMITTEE ON ECONOMIC AFFAIRS, ENVIRONMENT AND TOURISM

November 4,2005

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