ATC211117: Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the National Forests Amendment Bill [B11B - 2016] (National Assembly – Section 76), dated 16 November 2021

NCOP Agriculture, Land Reform and Mineral Resources

Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the National Forests Amendment Bill [B11B - 2016] (National Assembly – Section 76), dated 16 November 2021.

 

The Department of Environment, Forestry and Fisheries briefed the committee and all 9 Provincial Legislatures on 02 June 2021 on the National Forests Amendment Bill [B11B - 2016]. The Bill was initially referred to the committee on 28 August 2018 during the 5th Parliament but revived by the Council on 17 Oct 2019 in the 6th Parliament. The Committee called for written comments on the Bill, while public hearings were held by provincial legislatures. At the end of this engagement process, negotiating mandate meetings were held by the committee together with provincial legislatures on the 1, 8 June and 7 September 2021.   

 

The Select Committee on Land Reform, Mineral Resources and Energy, having deliberated on and considered the subject of the National Forests Amendment Bill [B11B - 2016] (National Assembly – sec 76), referred to it and classified by the JTM as a section 76 Bill, reports that it has agreed to an amended Bill [B11D – 2016].   

 

AMENDMENTS AGREED TO

NATIONAL FOREST AMENDMENT BILL

[B 11B—2016]

 

CLAUSE 1

1. On page 2, after line 17, to insert the following paragraph:

        ‘‘(c) by the insertion after the definition of ‘‘Department’’ of the

                                          following definition:

 

                                          ‘‘‘destruction of natural forest’ means any action where one or more                           

                                        trees in a natural forest is felled or caused to die, or the undergrowth        

                    removed, for the purpose of land use or resource use;’’.

 

2. On page 3, after line 5, to insert the following paragraph:

 

                                ‘‘(e) by the insertion after the definition of ‘natural forest’ of the following

                                          definition:

                                           ‘new land use’ means any human activity leading to the use of land                

                                               which would require the removal of natural forest, which is not restricted  

                               to land uses requiring land use approval, zoning or rezoning;’’.

 

3. On page 3, from line 8, to omit the definition of ‘‘woodland’’ and to substitute the following

definition:

 

‘‘‘woodland’ means ----------------------------------------------------------------------

(a) a group of indigenous trees which are not natural forest but whose crowns cover

at least 5% of the area they occupy, and which may, in a degraded state have a

crown cover of less than 5%; or

(b) any vegetation type declared by the Minister to be a woodland by notice in the

Gazette.’’.

 

CLAUSE 7

1. Clause rejected.

 

CLAUSE 9

1. On page 5, from line 13, to omit subsection (4) and to insert the following subsection:

 

           ‘‘(4) No person may engage in any prospecting or mining activity in a State forest,

                    except in terms of an existing lease agreement to mine, gravel or sand for road

maintenance.’’

 

CLAUSE 10

1. On page 5, in line 22, to omit paragraph (j) and to substitute the following paragraph:

 

‘‘(j) youth, women and persons with disabilities.’’.

 

 

MEMORANDUM ON THE OBJECTS OF THE NATIONAL FORESTS

AMENDMENT BILL,2016

1. On page 11, clause 7, at point 3.7 to be omitted.

 

1. On page 12, clause 8, to correct numbering at point 3.8.3 by substituting ‘‘3.8.3’’ with
2.  

 

1. On page 12, under clause 9, at point 3.9 to omit ‘‘, other valid contracts or applicable
2.  

 

                4. On page 12, under clause 10, at point 3.10 after ‘‘of’’ to omit ‘‘youths and women to

                       current categories to be represented in the Council’’ and to substitute ‘‘youth, women

                         and persons with disabilities.’’

 

Report to be Considered