ATC201104: Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on legislation relating to the amendments to the Norms and Standards for the Management of Elephants in South Africa (the Elephant N&S), developed in terms of Section 8(3) of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA), dated 03 November 2020

NCOP Land Reform, Environment, Mineral Resources and Energy

Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on legislation relating to the amendments to the Norms and Standards for the Management of Elephants in South Africa (the Elephant N&S), developed in terms of Section 8(3) of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA), read with Section 146(6) of the Constitution which requires that all subordinate legislation issued under the Act, which affects provinces, to be submitted to the National Council of Provinces for approval, dated 03 November 2020.

 

The committee invited all nine legislatures to attend its briefing session on 14 July 2020 where the Department of Environment, Forestry and Fisheries (DEFF) briefed the committee and legislatures present on the draft proposed amendments. The DEFF explained that the purpose of the amendment of the Elephant Norms & Standards was to address implementation and enforcement challenges that mainly related to management issues. The Committee thereafter requested provincial legislatures to consult with the respective provinces in order to ascertain whether the proposed amendments to the above-mentioned norms and standards as presented by the DEFF were in conflict with any provincial legislation. Provincial Legislatures held further engagements with the department on the matter as well as called for public comments. 

 

During provincial public engagements the following recommendations were made:

 

• The norms & standards of the management of the elephant should also cover how communities living near or around camps will benefit during culling; 
• The wording in Paragraphs 6(3)(a) and 6(3)(b) in the Norms and Standards relating to management plans as the wording used suggests that the issuing authority must either approve (and therefore cannot decline) or request more information regarding the management plan and, if this is correct, may have an impact on the implementation of the mandate of the issuing authority;
• Recommends that the National Department of Environment, Forestry and Fisheries supports the regulated community through a Compliance Promotion Programme (roadshow) and that this is done for all amended and new regulations; and
• To avoid unnecessary amendments relating to Norms and Standards after their adoption, inputs from stakeholders should be considered and reasonably incorporated in proposed Norms and Standards.  

 

The Select Committee on Land Reform, Environment, Mineral Resources and Energy, having considered the matter of the subordinate legislation submitted by the Department of Environment, Forestry and Fisheries (DEFF) in terms of Section 8(3) of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), referred to it on 08 April 2020, reports that the Committee has concluded its deliberations on the matter and recommends the approval of the subordinate legislation.

 

Report to be considered.