Transcript proposed amendments to nem: ba

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 toNational 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 noncontroversial 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 “selfadministration” 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
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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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