PRESENTATION TO NATIONAL COUNCIL OF PROVINCES 24 AUGUST 2005   24 AUGUST 2005 FORESTRY AMENDMENT BILL DEPARTMENT OF WATER AFFAIRS AND FORESTRY

FORESTRY AMENDMENT BILL 2005 CONTENT OF PRESENTATION: What legislation is being amended Amendment process followed Specific proposed amendments for each legislation The proposed Trust provision

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 of 1960)

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 aspects of forestry

What are these Acts about? National Veld and Forest Fires Act, 1998 (Act No 101 of 1998) - To prevent and combat veld, forest and mountain fires - Provides for institutions, methods and practices for achieving this purpose

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

Why make changes? 1 Recognised need for changes: Due to implementation experience since 1998 identifying the need for improvements on existing sections and creation of new sections To support the restructuring process

Process followed: 1 Developed draft Bill (beginning 2003) 2 Internal consultation within DWAF 3 Bill sent to focus group of organised stakeholders Comments worked into a revised Bill Bill tabled in Cabinet and approved July 2003 However, subsequent changes were required which necessitated resubmission Bill tabled again in Cabinet on 8 March 2005 8 Cabinet requested DWAF to meet with National Treasury to address the administrative mechanisms for the management of the Trust

Process followed: 9 DWAF met with Treasury 15 March where agreement was reached on the Trust provision of the Bill 10 Cabinet approved that the Bill be referred to the Portfolio Committee 11 Presented to Portfolio Committee (25 May & 10-11 Aug 2005) 12 Presentation to Portfolio Committee in August included public hearings

Process followed : Portfolio Committee recommended that the contents of the Bill be consulted with rural communities living around forests Department has thus engaged in a consultation process to specifically target rural communities (Aug – Sept)

ORGANISED GROUPS CONSULTED National Forests Advisory Council Committee for Environmental Coordination Provincial Conservation Agencies SA National Parks Board Wattle Bark Industry National Treasury

ORGANISED GROUPS CONSULTED Dept of Agriculture Dept of Land Affairs Dept of Environmental Affairs and Tourism SA Timber Growers Association KZN Fire Protection Associations SA Forestry

ORGANISED GROUPS CONSULTED SAFCOL SA Agricultural Union Lessees

RURAL COMMUNITY CONSULTATION DWAF is in the process of consulting directly with rural communities by various means: Participatory Management Forums Community Liaison Structures Fire Protection Associations (Limpopo, Mpumalanga, KZN and Eastern Cape)

PROPOSED AMENDMENTS Per legislation and section

THE NATIONAL FORESTS ACT, 1998 AMENDMENTS TO THE NATIONAL FORESTS ACT, 1998 Section 7(1) of the NFA • THE ACT Prohibits the cutting, damaging, disturbing or destruction of any indigenous living tree in natural forests. • AMENDMENT Deletes “living”. Reason: 1. Almost impossible to determine whether a log or plank originates from a dead or living tree.

Section 8(1) of the NFA THE ACT Gives the Minister power to declare a specially protected area as a nature reserve or wilderness area AMENDMENT Deletes the word “specially” in the term “specially protected areas”. Reason: The impression is created that “specially protected areas” is a different category of protected area, which it is not. Eliminates confusion

Section 15(1) THE ACT The Minister must license certain acts in respect of protected trees, e.g. cutting, damaging, removing AMENDMENT The Minister’s powers are extended to make provision for exemptions from the requirement to obtain a license (e.g. communities may be exempted from getting a license to collect Morula fruit). Reasons: The purpose of the Act is to manage use and to encourage conservation of endangered trees. Certain activities should thus not have to be strictly regulated

Section 17(2) THE ACT The Minister has the power to declare controlled forest areas, but may only do this if the area already has a protection status. AMENDMENT Extends power of Minister to prevent deforestation of any natural forest and woodland, not only those in protected areas. Reason: The wording in the Act is incorrect. The amendment thus just corrects the wording in the principle Act.

Section 53(2)(j) THE ACT The Minister may make regulations in general to carry out the purposes and provisions of the Act AMENDMENT Extends the Minister’s power to make regulations on any matter which is necessary for the proper implementation of the Act Reason: Chief State Law Adviser advised that the current general provision not wide enough to enable the Minister to draft all the regulations needed for the implementation of the Act

Section 53 THE ACT Provides for the content of regulations to be drafted by the Minister THE AMENDMENT Extends the regulating powers of the Minister. Reason: This amendment has been advised by the State Law Advisor to enable the Minister to regulate more fully all the provisions of the Act.

Section 53(2)(f) THE ACT Authorizes the Minister to make regulations for the management of State forests. AMENDMENT Two specific powers are added: (1) Powers for the measuring/calculation of forest produce and forest products. Reason: Measuring and calculating of produce and products for disposal (e.g. sale) is a part of forest management.

(2) Regulation of access for recreation Reason: Provisions in section 20 that are intended to regulate access is not sufficient to manage access in State forests

Section 53(5) THE ACT Provides that the reference to specific regulation-making powers in this section does not limit the general regulation-making powers of the Minister. AMENDMENT Provides that the generality of the powers conferred by this section is not limited by the provisions of the preceding paragraphs. Reason: Changed on advice from the State Law Advisor. Makes the meaning of the section clearer.

Section 62(2)(c) THE ACT Certain activities in respect of nationally protected trees are an offence if committed without a license. AMENDMENT Extends the offence to temporarily protected trees as well. Reason: The Minister has the power to temporarily protect certain trees until an investigation has been completed as to permanent protection. Cutting or damaging such a tree without a licence will be an offence.

Section 63(2)(a) THE ACT Anyone who without a license cuts, disturbs, damages, destroys, removes or receives seven-week ferns is guilty of a first category offence. AMENDMENT Extends the protection to all forest produce in a State forest and is made a lesser offence. (third category) Reason: The use of all forest produce in State forests is regulated by the Act and should thus be reflected as an offence if committed without a licence.

NATIONAL VELD AND FOREST FIRE ACT, 1998 Sections 9(4)(d)(ii) THE ACT The highest fire danger rating is “high”. AMENDMENT Makes provision for a fire danger rating of “extreme”. Reason: A fire danger rating system has been developed for the country and the highest rating is defined as “extreme”. Therefore the Act must reflect this.

Section 10(1)(b) THE ACT Requires the Minister to broadcast a fire danger rating of “high” through – three television stations, three radio stations and two different newspapers AMENDMENT Includes the wording “where possible” Reason: Country is divided into separate fire danger rating regions. In some regions there are not that many radio stations or newspapers.

THE WATTLE BARK INDUSTRY ACT, 1960 Section 2 THE ACT The Minister may request an association of wattle bark growers to enter into an agreement with manufacturers on any matter affecting the wattle bark industry. This agreement is gazetted and then becomes binding on all growers and manufactures. AMENDMENT Repeals this provision Reason: The Competition Commission advised that this provision is outdated and against competition rules.

TRUST PROVISION An additional proposed amendment to the National Forests Act is a provision that will enable the Minister to establish a TRUST This proposal is an amendment to s27 of the NFA The reasoning for this proposed Trust follows:

CREATION OF A LEASE RENTAL TRUST CURRENT STATUS 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

LEASE RENTAL TRUST INTENTION OF TRUST To invest rentals received from lessees for the rightful owners Will be paid to beneficiaries with interest accrued once the land claims are finalized and rightful beneficiaries identified

IDENTIFICATION OF LAND OWNERS DLA Regional Land Reform offices DWAF 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

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

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

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 affected communities

ESTABLISHMENT OF TRUST CONTINUED Assist communities to form legal entities e.g. Trusts, CPA’s Pay over the monies to communities Assist them in managing their monies

ESTABLISHMENT OF TRUST CONTINUED Trust will be managed separately from the normal financial systems of the Department Has been agreed with DLA and Treasury

FORESTRY AMENDMENT BILL 2005 CONCLUSION: The main purpose of the Bill is to clean up a suite of legislation within the administrative competence of the Department, instead of introducing a separate amendment bill for each separate piece of legislation.

FORESTRY AMENDMENT BILL 2005 CONCLUSION: Most of the amendments are minor and of an editorial nature Where the amendments are of substance, the proposed changes and introductions are in line with the spirit of the principle Acts, i.e. promoting greater participation in forestry