ATC180529: Report of the Portfolio Committee on Agriculture, Forestry and Fisheries on the National Forests Amendment Bill [B11 – 2016], dated 29 May 2018

Agriculture, Forestry and Fisheries

Report of the Portfolio Committee on Agriculture, Forestry and Fisheries on the National Forests Amendment Bill [B11 – 2016], dated 29 May 2018

The Portfolio Committee on Agriculture, Forestry and Fisheries, having considered the subject matter of the National Forests Amendment Bill [B11 – 2016] (National Assembly – Sec 76), referred to it on 11 May 2016 (see ATC, 11 May 2016) and classified by the Joint Tagging Mechanism (JTM) as a Section 76 Bill (see ATC, 21 September 2016), reports the Bill with amendments [B11B - 2016].

The Bill was amended as follows:

CLAUSE 1

  1. On page 2, after line 13, to insert the following paragraph:

(b) by the insertion after the definition of “biological diversity” of the following definition:

      “‘Appeal Committee’ means the Committee constituted in terms of section 57A(2);”.

CLAUSE 3

  1. On page 3, in line 21 to omit paragraph (a) and to substitute the following paragraph:

“(a)       by the substitution for the heading of the following heading:

            “Prohibition [on] against destruction [of trees] in natural forests”;

  1. On page 3, from line 22, to omit paragraphs (b) and (c) and to substitute the following paragraphs:
  2. by the substitution in subsection (1) for paragraphs (a) and (b) of the following paragraphs:
    •  
    • possess, collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any tree, [or any] forest product derived from a tree contemplated in paragraph (a), other indigenous vegetation or any forest product derived from a vegetation contemplated in paragraph (a),”; and

 

   3.      On page 3, from line 33, to omit paragraph (d).

CLAUSE 6

  1. On page 4, from line 22, to omit paragraph (a).

 

CLAUSE 15

  1. Clause rejected.

New clause

  1.       That the following be a new clause:

 

“CHAPTER 6A

  1.  

Right to appeal

 

57A. (1)       A person who is aggrieved by any decision or action taken by delegated official in terms of this Act may appeal in the prescribed manner to the Minister against such decision or action.

  1.  

 

Composition and membership of Appeal Committee

 

57B. (1)       The Appeal Committee must consist of at least three members appointed by the Minister, on an ad hoc and when necessary basis, of whom—

  1. one person must be appointed on account of his or her knowledge in the relevant fields of the law; and
  2.     two or more persons must have expert knowledge on the subject of the appeal.
  3.  

(3) The Minister must appoint the members for a determined period through an open and transparent process.

  1.  

                       (5) In order to be eligible for appointment or designation as a member of the Appeal Committee, and to continue to hold that office, a person must—

(i) is not disqualified in terms subsection (6); and

(ii) does not have any personal interests, or interest through a spouse, partner or associate.

(6)  A person may not be a member of the Appeal Committee if that person—

  •  
  •  
  •  
  •  
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(7)  A member of the Appeal Committee must not—

  •  
  •  
  •  
  • paragraph (b) to any third party, except as required as part of that person’s official functions as a member of the Appeal Committee.

(8)  If, at any time, it appears to a member of the Appeal Committee that a matter being considered by the Appeal Committee during proceedings concerns an interest of that member referred to in subsection (7)(b), that member must—

  •  
  •  

(9)  The disclosure by a member of the Appeal Committee in terms of subsection (8)(a), and the decision by the Appeal Committee in terms of subsection (8)(b), must be expressly recorded in the records of the proceedings in question.

 

Vacancies in Appeal Committee

 

57C. (1)     A member of the Appeal Committee vacates office—

  1.         if the member becomes subject to any disqualification referred to in section 57B (6); and
  2.         in the case where the member has resigned by giving one month's notice in writing to the Minister, when the member's resignation takes effect.
    1.         for misconduct;
    2.         for failing to perform the duties of a member or to perform such duties diligently and efficiently; or
    3.         if the member, because of any physical or mental illness or disability, has become incapable of performing a member's duties or performing the duties diligently and efficiently.

(3) (a)Any vacancy in the office of the Appeal Committee must be filled by the Minister through the appointment of another member in accordance with section 57B (3).

  1.   A member so appointed holds office for the unexpired portion of the predecessor's term of office.

 

Investigation and consideration of appeal by Appeal Committee

57D. (1)       The Minister may refer an appeal to the Appeal Committee.

(2) An appeal must be heard on the date, time and place determined by the chairperson.

  1.  
    1. summon any person who may have material information concerning the subject of the hearing or who has in his or her possession or custody or under his or her control, any document which has any bearing upon the subject of the hearing, to appear before the Appeal Committee at a date, time and place specified in the summons, to be questioned or to produce that document, and the chairperson may retain for examination any document so produced; and
    2.        administer an oath to or accept an affirmation from any person called as a witness at the hearing.
  2.  
  3.  
  4.  
  5.   is unable to act and another person cannot be appointed in time; or
  6.   is, after the investigation has commenced, unable to continue therewith,

the parties may agree that the investigation be continued by the remaining members of the Appeal Committee.

  1.  
  2.  
  3.  

 

Consideration of appeal by Minister

57E. (1)       When the Minister receives a recommendation in terms of section 57D (9), he or she may—

  1.      substitute, confirm or set aside the recommendations of the Appeal Committee; and
  2.      order the delegated official to execute the decision in connection therewith.
  3.  
  4.   confirm, set aside or vary the decision of the delegated official; and
  5.   order the delegated official to execute the decision in connection therewith.

(3) The Promotion of Administrative Justice Act, 2000 (Act No.3 of 2000) applies.

  1.  
  2.  
  3. sets aside any decision or action by the delegated official, the prescribed fee paid by the appellant in respect of the appeal must be refunded to him or her; or
  4.   varies any decision or action by the delegated official, the Minister may direct that the whole or any part of such fee, be refunded to the appellant.

 

CLAUSE 17

  1. On page 6, in line 30, after “7(5),” to insert “8(3),”.

 

CLAUSE 18

  1.   On page 6, in line 38, after “trees” to insert “, indigenous vegetation or any other forest product”.

ENACTMENT CLAUSE

  1. On page 2, after the long title, to insert:

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: —".

 

Report to be considered.

 

 

 

 

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