ATC130509: Report of the Select Committee on Land and Environmental Affairs on the National Environmental Management Laws First Amendment Bill [B13 B-2012] (National Assembly – Section 76), dated 07 May 2013.
NCOP Land Reform, Environment, Mineral Resources and Energy
Report of the Select Committee on Land and
Environmental Affairs on the
National
Environmental Management Laws First Amendment Bill [B13 B-2012]
(National Assembly Section 76), dated 07 May 2013.
The Department of Environmental Affairs briefed the committee
on 26 February 2013 on the
National Environmental Management Laws First
Amendment Bill [B13 B-2012].
The Bill was referred to the committee
on 14 November 2012.
The
Select Committee on Land and Environmental Affairs, having deliberated on and considered
the subject of the
National Environmental Management Laws First Amendment
Bill
[B13 B-2012]
(National Assembly sec 76), referred to it and
classified by the JTM as a section 76 Bill, reports the Bill with amendments
[B13C 2012] as follows:
CLAUSE 1
1.
On
page 3, in line 10, to omit
biodiversity
and to substitute
indigenous
biological
.
2.
On page 4, in line 19,
after "Minister" to insert "
as contemplated in section
87A(
1) or (3)
".
3.
On page 4, in line 20,
after "MEC" to insert "
as contemplated in section
87A(
2) or (3)
".
CLAUSE 2
1.
On
page 4, in line 36, to omit
51
and to substitute
2
.
CLAUSE 10
1.
On
page 7, in line 4, after
publishing
to insert
, amending or
repealing
.
CLAUSE 20
Clause rejected.
NEW CLAUSE
1.
That the following be a new clause:
Insertion
of section 87A in Act 10 of 2004
22.
The following section is hereby inserted in the
National Environmental Management: Biodiversity Act, 2004, after section 87:
"
Issuing
authority
87A.
(1)
The Minister is the issuing authority
responsible for deciding an application for a permit for
(a)
the
carrying
out of a restricted activity involving a specimen of a listed threatened or
protected species
(i)
in
a national
protected area;
(
ii
)
that is a
marine species; or
(iii)
applied
for by
an official, on behalf of
(
aa
)
a provincial department or provincial
organ of state responsible for the conservation of biodiversity in a province;
(
bb
)
a national protected area;
(cc)
the South African National Biodiversity
Institute; or
(
dd
)
an organ of state in the national sphere
of government;
(b)
the import, export, re-export or
introduction from the sea, of a specimen of a species listed in terms of the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora
(i)
originating
from a national protected area;
(
ii
)
that is a
marine species; or
(iii)
applied
for by
an official, on behalf of
(
aa
)
a provincial department or provincial
organ of state responsible for the conservation of biodiversity in a province;
(
bb
)
a national protected area;
(cc)
the South African National Biodiversity
Institute; or
(
dd
)
an organ of state in the national sphere
of government;
(c)
the
carrying
out of a restricted activity involving a specimen of an alien or a listed
invasive species;
(d)
the
commercialisation
phase of
bioprospecting
involving any indigenous biological resources; or
(e)
the
export of
any indigenous biological resources from the Republic for the purpose of
bioprospecting
.
(2)
The MEC is the issuing authority
responsible for deciding an application for any permit not listed in subsection
(1).
(3)
Notwithstanding subsections (1) and (2),
the Minister and the MEC may in writing agree that any application for a permit
or a type of permit
(
a
)
contemplated in subsection (1) may be
decided by the MEC; or
(b)
contemplated
in
subsection (2) may be decided by the Minister.
.
CLAUSE 30
1.
On
page 12,
from line 36, to omit paragraph
(l)
.
CLAUSE 36
1.
On
page 15, in line 11, to omit section and to substitute
item.
2.
On
page 15, after line 12, to insert the following
paragraph:
(c)
by
the insertion after item 87 of the following item:
"
87A.
Issuing
authority
";
3.
On
page 15, in line 13, to omit section and to substitute
item.
4.
On
page 15, in line 13, to omit items and to substitute item.
5.
On
page 15, in line 15, to omit section and to substitute
item.
6.
On
page 15, in line 18, to omit section and to substitute
item.
CLAUSE 38
1.
On page 15, in line 49, to omit and and to substitute
[and]
or
.
LONG TITLE
1.
On page 2, in the thirteenth line, to
omit "to revise the provisions of the
Bioprospecting
Fund;
".
2.
On
page 2, in
the eighteenth line, after "for" to insert "the".
Report to be considered.
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