National Environmental Management Amendment Bill & Provision of Land & Assistance Amendment Bill: adoption

NCOP Land Reform, Environment, Mineral Resources and Energy

20 October 2008
Chairperson: Rev P Moatshe (ANC, North West)
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Meeting Summary

The Select Committee considered, and then adopted, the National Environmental Management Amendment Bill, as well as the Provision of Land and Assistance Amendment Bill. In respect of the first Bill, the final negotiating mandates were read out, and it was confirmed that all the Provincial legislatures had indicated that their concerns as previously raised had been dealt with to their satisfaction, and that they supported the Bill. Members noted that they wished, in future, to be provided with copies of the motion to pass the Bill. In considering the Provision of Land and Assistance Amendment Bill, the DA member for Mpumalanga indicated that his concerns that he had raised previously were dealt with to his satisfaction, and a minor change was noted to the punctuation of Clause 10(1)(b)(iv). The Bill was adopted with that amendment.  The Chairperson expressed his thanks to all the stakeholders for both Bills, including the relevant Departments.


Meeting report

National Environmental Management Amendment Bill: Mandates
Ms Joanne Yawitch, Deputy Director General, Department of Environmental Affairs and Tourism, noted that the final mandates from the provinces in respect of the National Environmental Management Amendment Bill had been received. All of the provinces had indicated their support for the Bill. Mpumalanga made some additional comments, relating to the fact that what they had previously raised had been dealt with to their satisfaction. Western Cape had indicated that it would support the Bill with the necessary changes to Clauses 1, 2, 6, and 8.  These reflected the same issues that the Committee had discussed. It was not necessary for the Department to make any further presentations, and the Committee should simply debate the matter.

The Chairperson then requested members to address any concerns as well as their mandates.

He noted that the Provinces which had previously submitted proposals for amendments were Eastern Cape, Gauteng, Kwazulu-Natal, Limpopo, Mpumalanga, North West, Northern Cape and Western Cape. The Province of the Free State had not suggested any amendments.

Each of the delegates for the provinces read through the recommendations from their provincial legislatures, all of which were in support of the Bill.

The delegate for Mpumalanga noted that the recommendations previously made had been attended to.

The Chairperson then proceeded to read through the Motion of Desirability, and noted that this was a Section 76 Bill.

Members confirmed that they agreed to all the clauses, with amendments as applicable.

Members proposed, seconded and adopted the Bill.

The Chairperson noted that Mr Windvoel had requested that in future, provided this information was not classified, Members should be given copies of the Motion, as it was quite long.

Provision of Land and Assistance Amendment Bill: Deliberations and Adoption
The Chairperson noted that the Provision of Land and Assistance Amendment Bill, a Section 75 Bill, must be considered.

Mr A Watson (DA, Mpumalanga) asked for an opportunity of feed back on the clarification that his party had previously requested, in respect of Clause 1(a), (c) and (d). He noted that the matter was in order and there was no further clarification needed.

Mr Watson then raised a concern whether the wording of the new Clause 10(1)(b) (iv) from (aa) to (dd) was contradictory.

The legal adviser present noted that the wording would make sense if there was a minor correction to the punctuation.

Mr Watson expressed that he was satisfied.

Members proposed and confirmed the adoption of the Bill.


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