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PRESENTATION TO THE PORTFOLIO COMMITTEE  

10 AUGUST 2005 

AMENDMENT BILL 

BY TSHEPO MALATJIAND

EPHRAIM MONYEMORATHO 

DEPARTMENT OF WATER AFFAIRS AND FORESTRY

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What is being amended?

• National Forests Act, 1998 (Act No 84 of 1998)

• National Veld and Forest Fires Act, 1998 (Act No 101 of 1998)

• Wattle Bark Industry Act, 1960 (Act No 23 0f 1960)

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What are these Acts about?

•National Forests Act, 1998 (Act No 84 of 1998)– Sustainable management of forests– Protection of forests and trees– Sustainable use of forests– Community participation in all aspectsof forestry

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Wattle Bark Industry Act,

1960 (Act No 23 0f 1960)

– Provides for control of the wattle bark industry

– Main mechanism of control is through an agreement with the Minister of DWAF

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Process followed:

1 Recognised need for change• Due to implementation experience

• To provide more completely for the new regulations

• To support the restructuring process

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Process followed:

1 Developed draft Bill2 Internal consultation3 Submitted to Office of the Chief Sate

Law Advisor (CSLA)

• Bill submitted for the first time, and approved by Cabinet on 15 July 2003

5 Bill published for public comment (Notice 1878: 18 July 2003)

6 Bill sent to focus group of stake holders

7 Comments worked into a revised Bill

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Process followed :

8 However, a need for additional amendments became evident• Due to long time lag in resolving land claims it became clear that the proposed Trust provision had to become a long term entity

• Therefore amended the proposed Trust provision

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Process followed:

9 Due to these changes DWAF had to resubmit to CSLA

10 Tabled in Cabinet on 8 March 200511 Cabinet requested DWAF meet with

National Treasury to address the administrative mechanism for the management of the Trust

12 DWAF met with Treasury on 15 March 2005 where agreement was reached on the administrative mechanism

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ORGANISATIONS CONSULTED

• NFAC• CEC• Wattle Bark Industry• Provincial Conservation Agencies• SANParks Board• Dept of Public Finance• Dept of State Expenditure• Dept of Public Enterprise• Dept of Agriculture

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ORGANISATIONS CONSULTED CONTINUED

• Dept of Land Affairs• Dept of Environmental Affairs and Tourism

• SATGA• KZN Fire Protection Association• Forestry SA• SAFCOL• Lessees• AgriSA

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PROPOSED AMENDMENT

Per legislation and section

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AMENDMENTS TO THE NATIONAL FORESTS ACT, 1984 (ACT NO. 84 OF 1998) (NFA)

Section 7(1) of the NFA

• Prohibits the cutting, damaging, disturbing or destruction of any indigenous living tree in natural forests.

• Deletes “living”.

Reasons:

1.Almost impossible to determine whether a log or plank originates from a dead or living tree.

2.Consistency: section 15 relating to protected trees does not contain the word “living”.

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Section 8(1) of the NFA

Delete the word “specially” in the term “specially protected areas”.

1. The impression is created that “specially protected areas” is a different category of “ protected areas”.

2. Consistency

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Section 15(1)

Minister may license certain acts in respect of protected trees.

Minister’s powers extended to make provision for exemptions on advice of the National Forestry Advisory Council.

Reasons:

1. Licensing sometimes inappropriate e.g. the use of the Marula fruit.

2. Bring in line with the exemption in respect of indigenous trees provided for in section 7(1).

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Section 17(2)

Extend powers of Minister to prevent deforestation of and the rehabilitation of natural forests and woodlands.

Reason:

Currently only protected if protected under section 12(1) that deals with protected trees.

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Section 53(2)(j)

Current version: Minister may make regulations “in general carrying out the purposes and provisions of the Act.”

Amended to: “any matter which is necessary and expedient to prescribe for the proper implementation of the Act.”

Reason:

Chief State Law Adviser (CSLA) of the view that the current general provision not wide enough for the draft regulations to be promulgated once the Amendment Bill comes into operation..

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Section 53

Amend to extend regulating powers of Minister.

Section 53(2)(f) authorizes the Minister to make regulations for the management of State forests.

Two specific powers are added:

1. Powers for the mensuration of forest produce and products are added.

Reason:

Mensuration integral part of the disposal of forest product and forest produce.

Minister had this power under the previous legislation.

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2. Regulation of access for recreation

Reason:

• Impossible for DWAF to regulate access to both private and state forests.

• Provisions of section 20 that is intended to regulate this aspect was found to be inadequate.

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Section 53(5)

Current: “The reference to specific regulation-making powers in this section does not limit the general regulation-making powers conferred by it.”

Amended: “The generality of the powers conferred by subsection (2)(j) is not limited by the provisions of the preceding paragraphs.”

Reasons:

1. Changed on advice from the CSLA.

2. Necessitated by the changes made to 2(j).

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Section 62(2)(c)

Certain acts in respect of protected trees an offence.

Amend to expand protection for temporarily protected trees. (Section 14(2))

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Section 63(2)(a)

Anyone who without a license cuts, disturbs, damages, destroys, removes or receives seven-week ferns is guilty of a first category offence.

Extended to all forest produce and made a lesser third category offence.

Forest produce is defined as “anything that appears or grows in a forest, including –

a) any living organism, and any product of it, in a forest; and

b) inanimate objects of mineral, historical, anthropological and cultural value.”

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Nation Veld and Forest Fire Act, 1998

Sections 9(4)(d)(ii)

Highest fire danger rating “high”.

Now amended to make provision for a fire danger rating of “extreme”.

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Section 10(1)(b)

Requires Minister to broadcast a fire danger rating of “high” from –

• three television stations

• three radio stations

• two different news papers

Country is divided into separate fire danger rating regions. In some regions this is not possible.

Reduces radio and television channels to one.

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The Wattle Bark Industry Act, 1960

Section 2

Current:

• Minister may request an association of wattle bark growers to enter into an agreement with manufacturers on any matter affecting the wattle bark industry.

• Minister may publish agreement in gazette, which then becomes binding on all growers and manufactures.

• Under certain circumstances the Minister may determine terms of an agreement between growers and manufacturers.

Repeals section 2 – deregulate the wattle bark industry.

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LEASE RENTAL TRUST

• Singisi and Siyaqhubeka leases signed in 2001

• Amathole and Mountain to Ocean (MTO) signed in March 2005

• Lease rentals due to rightful owners of the land:

• Land claimant communities or tenure reform beneficiaries

• Rentals collected up to date:

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LEASE RENTAL TRUST

Singisi Forest Product = R26.9 mSiyaqhubeka Forests = R26,5 mAmathole Forestry Company = R1,0 mMountain to Ocean = R1,7 mTotal = R56,1 million• The rental are invested for rightful owners

• Will be paid with interest accrued

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IDENTIFICATION OF LAND OWNERS

• DLA Regional Land Reform officesDWAF assisted the DLA offices to identify adjacent communities with land rights in all areas affected

DLA has to finalize the process according to their Communal Land Rights Act

DWAF and DLA to assist communities to form legal entities to receive rentals

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IDENTIFICATION OF LAND OWNERS CONTINUED

• Regional Land Claims Commission Through DFID funding DWAF assisted the following commissions to fast track research on Land Claims: Mpumalanga, Limpopo, & Eastern Cape

Since then no land claim has been settled on the affected areas

Some are gazetted but no finalization

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IDENTIFICATION OF LAND OWNERS CONTINUED

• The rental collected causing a management headache for DWAF

• Poor communities waiting for their monies

• A danger to the continuation of the leases

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ESTABLISHMENT OF TRUST

• The trust will be established to manage the lease rentals until land owners are identified and confirmed by DLA

• Invest these monies on behalf of these communities

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ESTABLISHMENT OF TRUSTCONTINUED

• Assist communities to form legal entities e.g. Trusts, CPA’s

• Pay over the monies to communities

• Assist them in managing their monies

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ESTABLISHMENT OF TRUST CONTINUED

•Make sure that communities have financial systems that can be audited (PFMA)

•Continue to collect rentals on behalf of communities

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ESTABLISHMENT CONTINUED

• Managed separately from the normal financial systems of the Department

• Mechanics agreed with Treasury

• Audited on an annual basis

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DWAF’S DILEMA

•The only way land rights holders can be identified is through DLA’s processes

• DWAF can not pay the rental monies to communities before they are confirmed by DLA