Department of Agriculture, Forestry and Fisheries Proclamation for the transfer of the administration and the powers and functions to the Minister of.

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Presentation transcript:

Department of Agriculture, Forestry and Fisheries Proclamation for the transfer of the administration and the powers and functions to the Minister of DAFF from Minister of DEA 28 AUGUST 2012

Current Status: Proclamation No. 44 of 2009 Signed on the 1 July 2009, transferred the administration and the powers and functions entrusted by the Marine Living Resources Act, 1998 (Act No. 18 of 1998) to the Minister of DAFF from the Minister of DEA The powers and functions entrusted by sections 12, 13, 18, 25, 26, 28, 77 (with respect to mariculture and other matters pertaining to any of the provisions of the said Act mentioned in this paragraph), 78, 79, 80 , 81 and 83 of the said Act Regulations 60 to 73 of the Regulations in terms of the Marine Living Resources Act, 1998 (promulgated under Government Notice R. 1111 of 2 September 1998) Regulations 1, 5, 6 and 96 and any other provision of these Regulations insofar as it relates to the above-mentioned regulations 60 to 73

Current Status: Proclamation No. 1 of 2010 On 10 February 2010, Proclamation No. 1, 2010, transferred the administration and the powers and functions entrusted by the Sea Fisheries Act, 1988 (Act No. 12 of 1988) and MLRA The powers and functions entrusted by section 29 (SFA) The powers and functions entrusted by sections 1, 47, 48 and 50 insofar as they relate to the powers and functions transferred by section 29 (SFA) The powers and functions entrusted by sections 5 to 7, 10 to 15, 17, 18 to 27 and 29 to 41, 44 to 50 (MLRA) The powers and functions entrusted by sections 1 to 4, 8, 9 13, 16, 28, 42 and 51 to 83 insofar as they relate to the powers and functions transferred under sections above (MLRA) Regulations made in terms of the Marine Living Resources Act, 1998, published in Government Notice R. 1111 on 2 September 1998 Regulations for the Protection of Wild Abalone made in terms of the Marine Living Resources Act, 1998, published in Government Notice R. 62 on 1 February 2008

Proposed Proclamation to Conclude the Transfer The Ministers of Agriculture , Forestry and Fisheries and the Minister of Environmental Affairs met to finalize the transfer of functions under the facilitation of the DG in the Presidency, as the previous two proclamations did not entail all fishery and fishery related legislation After the discussion a Working Team was established to work out a proposal on functions and powers in the Fishery legislation to be transferred from DEA to DAFF as from the 1 June 2012 Marine Living Resources Act, 1998 (Act No. 18 of 1998) Section 43 and all the Regulations made in terms of the Act (Marine Protected Area) DAFF wanted a simple transfer of the remaining MLRA Section 43 from Minister DEA to Minister DAFF, but it was not accepted by DEA colleagues DEA wanted environmental functions separated from fisheries functions Presidency advised that the matter be referred to the Chief State Law Advisors to scrutinize the Proclamation and its Constitutional status.

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