NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL PORTFOLIO COMMITTEE

NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL PORTFOLIO COMMITTEE ON ENVIRONMENTAL AFFAIRS

Purpose of Biodiversity & Conservation • Promote the conservation and sustainable use of natural resources to contribute to economic growth and poverty alleviation

GOVERNANCE CO OPERATIVE GOVERNANCE CONSTITUTION MULTILATERAL ENVIRONMENTAL AGREEMENTS NEMA NEMBA SANBI NEMPAA SANPARKS National Government Provincial Government Local Government WHA Heritage Authorities

Biodiversity & Conservation National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA); • National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) (NEMPAA); ü Declaration of protected areas (WHS, nature reserves, special nature reserves, protected environments, marine protected areas, mountain catchment areas, protected forest areas) ü Cooperative Governance (Declaration and Management of Protected Areas) ü Protected areas system -state, private, communal, marine ü Sustainable utilisation and beneficiation ü Participation of local communities(People and Parks) ü National Parks and Establishment of SANParks • National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA); ü ü ü ü Management and conservation of biodiversity Protection of ecosystems and species Sustainable use Fair and equitable sharing of benefits from use Effecting International agreements Cooperative governance on biodiversity management Establishment of SANBI

AMENDMENTS TO NEMPAA AND NEMBA • • • Institutional Matters: Clause 35: Amendment of section 57 of NEMPAA and Clause 40: Amendment of section 13 of NEMBA The clause seeks to provide clarity that the Chief Financial Officer must be a member of the Board of the South African National Biodiversity Institute Rationale: – Clause seeks to provide clarity that the Chief Financial Officer must be a member of the Board of the South African National Parks. • Compliance to cooperative governance principles and approach (King) • Framing: – S 57 of NEMPAA and S 13 of NEMBA on the composition of the Board: ‘The Chief Executive officer and the Chief Financial Officer’ • Offences & Penalties: – Clause 36: Amendment of section 89 of NEMPAA on offences and penalties – Rationale: • S 48 A: Restricted activities in marine protected areas spelt out as follows: (fishing, take or destroy fauna & flora, dredging, discharge, depositing, construct, bioprospecting, … • Offense was not explicit and now clarity provided. – Framing: (a)… 48(A). (e). . contravenes and fails to comply with a rule in terms of s 55(2) (f. A) and addition of 2(A)…

AMENDMENTS TO NEMPAA AND NEMBA Objects of NEMBA: Welfare Matters • Clause 38 and 43: Amendment of section 2 of NEMBA • Rationale: – – – Expansion of Section 2 on objectives to extend the objectives to include welfare matters Current framing give no regard to the well being of threatened and protected species Circumstances around lions and elephants ( Reference to court case on captive bred lions lion release period before being hunted. . Role of environmental affairs vs DAFF Minister may the be empowered to institute enforceable measures (minimum standards) • Framing: – S 38 in S 2 -Object of the Act is to provide that the use of indigenous biological resources in a manner that is ecologically sustainable, including taking into account the well-being of any faunal biological resource involved. – S 43 in S 97 on empowering the Minister to develop regulations: Protection of well being of faunal biological resource during the carrying out of a restricted activity involving such biological faunal resource.

AMENDMENTS TO NEMPAA AND NEMBA Custodianship • Clause 39: Amendment of section 3 of NEMBA • Rationale: – This clause seeks to provide clarity that in order for the State to give full effect to section 24 of the Constitution of the Republic of South Africa, 1996, the State must be in a position to remain the custodian of wild animals that escape from land under its control. – Status of ferae naturae is that of res nullis—belongs to everybody and nobody in particular – Case reference- Ecvs Melbury – Implications for ownership and maybe compensation • Framing: Minister may by notice in the Gazette specify the species and circumstances under which the State remains the custodian of fauna biological resource that escapes from land under its control

AMENDMENTS TO NEMBA Consultation and Public Participation • Clauses 44 and 45: Amendment of sections 99 and 100 of NEMBA This clause seeks to provide clarity that the MEC for environmental affairs in each province must also follow the consultative process set out in sections 99 and 100 of the NEMBA when exercising a power under the Act.