ATC140228: 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.
Water and Sanitation
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 Mechanisms
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 Committees 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.
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