NATIONAL ENVIRONMENTAL MANAGEMENT LAWS FIRST

AMENDMENT BILL [B 13B─2012]

Briefing to the

Select Committee on Land and Environmental Affairs,

26 February 2013, Parliament, Cape Town.

ACRONYMS• NEMA: National Environmental Management Act, 1998.• NEM: AQA: National Environmental Management: Air

Quality Act, 2004.• NEM: BA: National Environmental Management:

Biodiversity Act, 2004.• NEMLA Bill: National Environmental Management Laws

Amendment Bill [B 13─2012].• NEMLA First Amendment Bill: National Environmental

Management Laws First Amendment Bill [B 13B─2012]. • NEM: WA: National Environmental Management: Waste

Act, 2008.

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PRESENTATION OVERVIEW Parliament Process. Reasons for Splitting the NEMLA Bill. Proposed Amendments to NEM: BA. Proposed amendments to NEM: AQA. Proposed amendments to NEM: WA. Proposed amendments to National Environmental

Management Laws Amendment Act, 2008. Proposed amendments to National Environmental

Management: Protected Areas Amendment Act, 2009.

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PARLIAMENT PROCESS• NEMLA Bill was tabled in Parliament in January 2012.

• NEMLA Bill proposed amendments to-

- National Environmental Management Act, 1998;

- National Environmental Management: Biodiversity Act, 2004;

- National Environmental Management: Air Quality Act, 2004;

- National Environmental Management Laws Amendment Act, 2009; and

- National Environment Management: Protected Areas Amendment Act, 2009.

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PARLIAMENT PROCESS• January 2012: Tabling of NEMLA Bill in Parliament.• 14 February 2012: Department Briefing to Portfolio

Committee.• 21, 22 & 28 August 2012: Public hearings were held.• 5, 18 & 19 September 2012: Clause by clause

deliberations.• 19 September 2012: Portfolio Committee took a

decision to split the NEMLA Bill into two Bills.• 6 October 2012: Portfolio Committee agreed and

recommended NEMLA First Amendment Bill.• 15 November 2012: NEMLA First Amendment Bill

adopted by National Assembly.

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REASONS FOR SPLITTING BILL• NEMLA Bill was split into NEMLA First Amendment Bill

and NEMLA Second Amendment Bill. • NEMLA First Amendment Bill deals with biodiversity

amendments.• NEMLA Second Amendment Bill will deal with NEMA

amendments.• Intention of the split was to deal with the non-

controversial and urgent biodiversity amendments.• These amendments addresses most of the challenges

relating to the permitting system with respect to the listed threatened or protected species (for example, rhinoceros) and alien and invasive species.

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PROPOSED AMENDMENTS• NEMLA First Amendment Bill proposes amendments to

provisions under- NEM: BA NEM: AQA NEM: WA National Environmental Management Laws

Amendment Act, 2008 National Environmental Management: Protected

Areas Amendment Act, 2009.

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PROPOSED AMENDMENTS TO NEM: BA

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PROPOSED AMENDMENTS• Revision of the definitions of “bioprospecting”, “commercial

exploitation” and “commercialisation” will ensure proper regulation of biotrading industry.

• Revision of the definitions of “derivative” and “genetic resource” will ensure alignment with Nagoya Protocol.

• Insertion of the definitions of “biodiversity sector” and “self-administration” together with the new enabling provisions will assist in facilitating compliance with the provisions of NEM: BA.

• Revision of the definitions of “competent authority” and “issuing authority will include MECs with respect to the issuing of permits or registration under the NEM: BA.

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PROPOSED AMENDMENTS• To revise the objectives of the NEM: BA in order to

emphasise the need to protect the ecosystem as a whole, including species which are not targeted for exploitation.

• To revise the purpose of Chapter 4 of NEM: BA in order to provide for the regulation of threatened and indigenous species to ensure that the utilisation of these species is done in an ecologically sustainable manner.

• To ensure that all listed and non-listed indigenous species that are not of high conservation value, but are commercially utilised (i.e. on game farms), are properly regulated in order to ensure that their utilisation in the ecosystem is sustainable.

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PROPOSED AMENDMENTS• To prescribe a system for the compulsory registration of

professional hunters, outfitters and trainers in the hunting industry.

• To provide for self-administration and the recognition of associations in the biodiversity sector.

• To provide the scientific authority, which is already established in terms of NEM: BA, with a legal mandate to assist the Department with the scientific work regarding the regulation of species to which international agreements on international trade are applicable.

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PROPOSED AMENDMENTS• To revise the purpose and application of Chapter 6 of

NEM: BA so as to explicitly encourage the sustainable use of indigenous plants, animals and associated traditional knowledge, as well as support socio-economic development where indigenous plants, animals and associated traditional knowledge is accessed and utilised for bioprospecting.

• To revise the current provisions on the Bioprospecting Trust Fund so as to change the Trust Fund to a Fund, and to ensure that monetary benefits arising from bioprospecting agreements are paid to those beneficiaries that have established bank accounts.

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PROPOSED AMENDMENTS• To provide for a legal mechanism to exempt persons

using indigenous biological resources for domestic use or subsistence purposes from the provisions of Chapter 6 of NEM: BA.

• To provide for circumstances under which a permit application or permit may be deferred, refused, cancelled or suspended so as to limit the current abuse of the permit system.

• The legal mechanisms to limit the current abuse of the permit system are as follows:

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PROPOSED AMENDMENTS- National registration of professional hunters and hunting outfitters;

- If a person is involved in activities associated with poaching, the issuing authority may defer a decision to issue a permit if the person is under investigation for a contravention of NEM: BA;

- The issuing authority may refuse a permit if the activities associated with poaching is likely to have a negative impact on the survival of the species;

- A permit may be refused or cancelled if the applicant is convicted for an offence in terms of the NEM: BA;

- A person who does not necessarily kill the rhino illegally, but who is nevertheless involved in this activity, or who allows this activity to be carried out, is also guilty of an offence.

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PROPOSED AMENDMENTS• To repeal the appeal provisions under NEM: BA in order to

ensure a single and aligned appeal process under section 43 of NEMA.

• To extend the powers of the Minister to develop regulations on–

- the duty of care relating to the management of threatened or protected species that cause damage;

- self-administration within the biodiversity sector;

- control and the eradication of invasive species; and

- on a system for the registration and recognition of institutions, ranching operations, nurseries, captive breeding operations and other facilities.

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PROPOSED AMENDMENTS• To provide for new offences in the following instances:

- A person who engages in bioprospecting discovery phase without proper notification to the Minister;

- A person who carries out a restricted activity which has been prohibited involving a listed invasive

species;

- A person who is involved in an illegal restricted activity, but who does not physically carry out the restricted activity.

• To provide for the declaration of emergency intervention for the control or eradication of alien species or listed invasive species where such alien species or listed invasive species may be a threat to a particular ecosystem.

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PROPOSED AMENDMENTS • To empower the Minister to declare amnesty

from prosecution for the purposes of facilitating compliance with the provisions of NEM: BA for persons.

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PROPOSED AMENDMENTS TO NEM: AQA

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PROPOSED AMENDMENTS

• To amend the NEM: AQA in order to align the penalties with other specific environmental management Acts.

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PROPOSED AMENDMENTS TO NEM: WA

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PROPOSED AMENDMENTS

• To amend the NEM: WA so as to provide for textual amendment to the definition of waste.

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PROPOSED AMENDMENTS TO THE NATIONAL ENVIRONMENTAL

MANAGEMENT LAWS AMENDMENT BILL, 2008

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PROPOSED AMENDMENTS

• To amend the National Environmental Management Laws Amendment Act, 2009, so as to correct an incorrect citation.

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PROPOSED AMENDMENTS TO THE NATIONAL ENVIRONMENT

MANAGEMENT: PROTECTED AREAS AMENDMENT ACT, 2009

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PROPOSED AMENDEMENTS

• To amend the National Environmental Management: Protected Areas Amendment Act, 2009 in order to correct an incorrect citation.

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THANK YOU

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