ATC100316: Report Request for proposed withdrawal of declaration of a portion of land of the Lowveld National Botanical Garden (LNBG)

NCOP Land Reform, Environment, Mineral Resources and Energy

Report of the Select Committee on Land and Environmental Affairs on the

request for proposed withdrawal of declaration of a portion of land of the Lowveld National Botanical Garden (LNBG), dated 16 March 2010:

 

 

The request from the Minister of Water and Environmental Affairs for the exclusion of a portion of state land from the Lowveld National Botanical Gardens was referred to the Select Committee on Land and Environmental Affairs on 26 January 2010 for consideration and report.

 

In terms of section 34(2) of the National Environmental Management Act: Biodiversity Act (Act 10 of 2004), a part of a national botanical garden on state land may not be excluded from it except by resolution of both Houses of Parliament.

 

Having deliberated on the matter, the Select Committee on Land and Environmental Affairs recommends that the National Council of Provinces resolves to approve the request for the withdrawal of 1.47 ha of portion 30 (a portion of portion 14) of the farm Boschrand No.283-JT, of state land from the Lowveld National Botanical Gardens.

 

The Committee would like the following to be noted:

 

The Committee was briefed by the officials of the Department of Water and Environmental Affairs on 16 March 2010 and deliberated on the matter. The following was raised:

 

The Committee took exception on two matters. Firstly, the department had already issued an Environmental Authorisation to proceed with the construction of the road without the necessary approval from both Houses of Parliament. The Committee further requested a full list of Interested and Affected Parties that were consulted during the public participation process, during the Environmental Impact Assessment as part of the requirements of the National Environmental Management Act (107 of 1998).

 

Although the Committee agreed to recommend approval of the request to de-proclaim the portion of the Lowveld Botanical Garden for construction of the N4/7 Ring Road, it wishes to record its disapproval in the process that was followed in this regard. 

 

Report to be considered.