AMENDMENT BILL THE SELECT COMMITTEE ON LAND AND MINERAL RESOURCES - PowerPoint PPT Presentation

THE NATIONAL FORESTS AMENDMENT BILL THE SELECT COMMITTEE ON LAND AND MINERAL RESOURCES (02 JUNE 2020) 1

PRESENTATION OUTLINE  Acronyms  Purpose  Objectives of the Bill  Process followed to date  National Forests Amendment Bill Clauses  Implication of the Bill to the NCOP mandate 2

ACRONYMS  Bill: National Forests Amendment Bill, [B11-2016]  DAFF: Department of Agriculture Forestry and Fisheries  DPME : Department of Performance Monitoring and Evaluation  EXCO: Executive Committee  GG: Government Gazette 3

ACRONYMS ….  NCOP: National Council of Provinces  NEDLAC: National Economic Development and Labour Council  NFA: National Forests Act  NFAC: National Forests Advisory Council  PC: Portfolio Committee  SEIA: Socio Economic Impact Assessment 4

PURPOSE  The purpose of the presentation is to brief the Select Committee on Land and Mineral Resources (National Council of Provinces – NCOP) on the National Forests Amendment Bill [B11-2016], which seeks to amend the National Forests Act, 1998 (Act No. 84 of 1998) (NFA).  The purpose of the National Forests Act, 1998 ("the NFA") is to promote sustainable management and development of forests and provides for the protection of certain forests and trees. 5

WHY AMENDMENTS ARE NECESSARY  Recognised need for changes.  Legislation is not static, it moves with time.  During implementation, experience since 1998 … . need for improvements on existing sections  To make the legislation more responsive to the operational realities, and challenges on the ground. 6

OBJECTIVES OF THE BILL The Objectives of the Bill are to:  provide for clear definitions, for example, natural forests and woodlands;  provide for public trusteeship of the nation’s forestry resources;  increase the promotion and enforcement of sustainable forest management;  increase the measures provided for in the Act to control and remedy deforestation; and 7

OBJECTIVES OF THE BILL…..CONT  provide for appeals against decisions taken under delegated powers and duties;  reinforce offences and penalties; and  promote equity by inclusion of youth and women in the National Forests Advisory Council (NFAC). 8

PROCESS FOLLOWED TO DATE Below is the process followed thus far in amending the NFA:  Stakeholder consultation 2012/13 financial year;  Publication of the draft Bill in the Government Gazette in May 2013 (GG notice No. 36485) and March 2015(GG notice No. 38533) for public comments;  Stakeholder re-consultation 2014/15 financial year 9

PROCESS FOLLOWED….CONT  Consultation with Government structures such as NEDLAC and Economic Cluster and internal committees within DAFF such as EXCO;  Pre-certification of the Bill by the State Law Advisers;  Engagement with Department of Public Monitoring and Evaluation (DPME) for Socio Economic Impact Assessment (SEIA)  The Bill was introduced to Cabinet in April 2016, and  Referred to the Portfolio Committee (PC) on Agriculture Forestry and Fisheries in May 2016 10

PROCESS FOLLOWED…..CONT  Publication of Explanatory summary of the National Forests Bill in the Government Gazette in terms of Rule 241 (1)(b) of the Rules of the National Assembly in July 2016;  Publication of the Bill for public comments and public hearing by PC on Agriculture, Forestry and Fisheries in August 2017, which initiated the extended public hearings in various provinces with communities living in and around forests; 11

PROCESS FOLLOWED….CONT  Various deliberations on clauses of the Bill as per outcome of various consultations were held with PC on Agriculture, Forestry and Fisheries leading to the adoption of the Bill for further processing in May 2018;  The Bill was tabled and adopted by the National Assembly in August 2018;  The Bill is currently in the NCOP, and has been published for comment on 6 December 2019 until 24 January 2020. 12

CLAUSE BY CLAUSE ANALYSIS OF THE BILL CLAUSE 1 CURRENT PROPOSED AMENDMENT GAP PROVISION “Assignment’ means the permanent To assist in the Insertion of New insertion or temporary transfer — interpretation of terms a definition (a) of a power, duty, role or function in the Act. This is a from the functional domain of new insertion under national government one or more (Assignment is section 2 provincial governments, organs of currently not defined state or a person who is not an organ in the Principal Act) of state; or (b) the administration of a matter listed in Schedule 4, Part A, of the Constitution; ’’ . 13

CLAUSE BY CLAUSE ANALYSIS OF THE BILL CLAUSE 1 CURRENT PROPOSED AMENDMENT GAP PROVISION “Appeal committee ’ means the To assist in the Insertion of This is a new committee constituted in terms of interpretation of terms definition insertion. section 57 A (2). in the Act. under section 2 14

CLAUSE BY CLAUSE ANALYSIS OF THE BILL CLAUSE CURRENT PROPOSED AMENDMENT GAP 1 PROVISION “natural “natural forest’ (xx) means a group of To broaden the Insertion of forest” predominantly indigenous trees — means a definition of a definition group of (a) whose crowns are largely contiguous in natural forest indigenous trees — its undisturbed state; (so as to under (a) whose crowns (b) which may represent any successional include all section 2 are largely stage or state of forest vegetation contiguous; or degradation, in which case crowns may not within the (b) which have be contiguous; Natural forest- been declared by (c) which occur in association with grassland, the Minister to be characteristic plants or animals recognised in thicket, shrubs- a natural forest vegetation science as diagnostic species of a under storey) under section 7(2); specific natural forest type; or (d) which have been declared by the Minister to be a natural forest in accordance with section 7(2 )” ; 15

CLAUSE BY CLAUSE ANALYSIS OF THE BILL CLAUSE 1 CURRENT PROPOSED AMENDMENT GAP PROVISION woodland” “woodland’ means a group of Amendment To simplify and means a group of indigenous trees which are not a of definition broaden the definition indigenous trees natural forest, but whose crowns which are not a cover [more than] at least five under section in order to cater for natural forest, per cent of the area [bounded 2 (xxxix) situations where but whose crowns by trees forming the perimeter cover more than of the group] they occupy, and woodland may be five per cent of which may in a degraded state degraded. the area bounded have a crown cover of less than five per cent” . by the trees forming the perimeter of the group . 16

CLAUSE BY CLAUSE ANALYSIS OF THE BILL CLAUSE CURRENT PROPOSED AMENDMENT GAP 2 PROVISION nation’s Public trusteeship of forestry To clarify Insertion New insertion resources where the of Public “The National Government, as the public nation’s trustee of the nation’s forestry resources, forestry Trusteesh acting through the Minister, must ensure that resources are ip of the these resources, together with the land to be and related ecosystems which they managed. Nation’s inhabit, are protected, conserved, developed, forestry regulated, managed, con- trolled and utilised in a sustainable and equitable manner, for resources the benefit of all persons and in accordance as with the constitutional and developmental mandate of government” . Section 2A. 17

Clause by clause analysis of the Bill CLAUSE CURRENT PROPOSED AMENDMENT GAP 3 PROVISION ‘” cut, disturb, damage or destroy Prohibition on Amendment To broaden the destruction of trees in any other indigenous forest of section provision under natural forests vegetation in a natural forest; and or’’; 7. (1) No person may 7(1) section 7 (natural ‘‘ (b) possess, collect, remove, cut, disturb, damage forest) (to include or destroy any transport, export, purchase, sell, indigenous, living tree donate or in any other manner all vegetation in, or remove or acquire or dispose of any tree, or within the Natural receive any such tree any forest product derived from a from, a natural forest tree contemplated in paragraph forest- grassland, except in terms of — (a) , or any other indigenous forest thicket, shrubs- (a) a licence issued vegetation, or any forest product under subsection (4) derived from vegetation under storey) contemplated in paragraph (a) ‘’ or section 23; 18

Clause by clause analysis of the Bill CLAUSE CURRENT PROPOSED AMENDMENT GAP 3 PROVISION “ If a person is in breach of To provide for directive Amendment New insertion subsection 1 (a) , the Minister [ may] (to rectify damage) by of section must, by written notice — the Minister in the case (a) To that person of non compliance with 7(5) (i) Inform nature of the alleged the provisions of breach; section 7 (1), dealing (ii) direct steps which the person with prohibition of must take to prevent further destruction of natural damage or to redress the forests. said breach; and (iii) the period within which they must take the steps referred to in paragraph (ii) in addition to any penalties in terms of section 62(1 )” — 19