ATC201104: Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on legislation relating to the tabling of the List of Threatened Terrestrial and Freshwater Species and Regulations related thereto 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 tabling of the List of Threatened Terrestrial and Freshwater Species and Regulations related thereto 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 regulations. The DEFF explained that the TOPS Regulations, 2007, provide for a national approach to sustainable use of species that are threatened with extinction, or in need of national protection, while ensuring the survival of the species in the wild, thus ensuring the conservation of the species. The DEFF further explained that the TOPS Regulations addresses multiple issues, including:

 

• unethical hunting practices such as hunting in confined spaces, or hunting of tranquilized animals or by means of bait;
• activities related to the management of damage-causing animals;
• hybridization and spreading diseases as a result of translocation;
• activities threatening cycad populations; and
• registration of captive breeding and keeping facilities

 

NEMBA enables the Minister to prohibit activities that may impact on the survival of species in the wild, and to regulate activities to ensure sustainable use of

indigenous biological resources. It was clarified that the Minister is generally the permit issuing authority for TOPS permits for national organs of state, provincial     conservation authorities and marine species.

 

The Committee thereafter requested provincial legislatures to consult with their respective provinces in order to ascertain whether or not 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 calling for public comments. 

 

During provincial public engagements the following recommendations were made:

 

• More robust consultations should be held within communities affected by the regulations;
• Public education programme for traditional healers’ and community members explaining regulations is needed to clarify what plants and animals can be harvested with or without a permit;
• Traditional Healers should be able to make inputs on regulations before its approval;
• Further engagements are needed on the role of SAPS and Customs, taking into account the high level of corruption;
• Clear roles of national, provincial and local government should be stipulated so that municipalities are able to discharge their functions in an efficient manner;
• The NCOP should note the increased resource and capacity requirements for provinces to implement the regulations so that National Treasury support such allocations;  
• That the DEFF support communities affected by the revised regulations through compliance promotion programmes & mechanisms; and 
• Concern was also raised about the ability of poor communities that harvest honey-bush to comply with the revised regulations.   

 

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 4 December 2019, reports that the Committee has concluded its deliberations on the matter and recommends the approval of subordinate legislation.

 

Report to be considered.