Second Report of the Portfolio Committee on Water and Environmental Affairs on the National Environmental Management: Protected Areas Amendment Bill [B 28B- 2013] [National Assembly – sec 75], dated 27 February 2014.

The Portfolio Committee on Water and Environmental Affairs (the Portfolio Committee) considered the subject matter of the National Environmental Management: Protected Areas Amendment Bill [B 28B - 2013] (National Assembly – sec 75) (Protected Areas Bill).

The Portfolio Committee tabled a first report on an amended Protected Areas Bill to the National Assembly. The Portfolio Committee further reported that it disagreed with the Joint Tagging Mechanism’s classification of the Bill, as a Bill to which section 75 of the Constitution applied. The first Report was published in the Announcements Tablings and Committee Reports, on 31 October 2013. The Chairperson also submitted the views of the Portfolio Committee, to the Joint Tagging Mechanism, on 31 October 2013, expressing the view that the Bill should have been tagged as a Bill to which section 76 of the Constitution applied and asked the Joint Tagging Mechanism to reconsider its classification.

On 5 November 2013, the National Assembly considered the amended Protected Areas Bill and the Portfolio Committee’s report thereon and recommitted the amended Bill to the Portfolio Committee. No reason for the recommittal was given by the House, but the Portfolio Committee assumes it was to allow the Joint Tagging Mechanism to reconsider its decision.

Recently, the Joint Tagging Mechanism communicated its decision to the Portfolio Committee, which is that it stands by its original classification of the Bill, after apparently giving due consideration to the views of the Portfolio Committee. The Portfolio Committee does not agree with the decision of the Joint Tagging Mechanism. However, the Portfolio Committee is aware that Joint Rule 158 states that for the purposes of all parliamentary proceedings the Joint Tagging Mechanism's classification of and findings on a Bill are final and binding on both Houses.

The Portfolio Committee reports that, as it has nothing further to add to this matter, the amended Protected Areas Bill is referred back to the House for decision.

Report to be considered.