PRESENTATION TO PORTFOLIO COMMITTEE WATER AFFAIRS AND FORESTRY   7 OCTOBER 2005 FORESTRY LAWS AMENDMENT BILL [B24-2005] DEPARTMENT OF WATER AFFAIRS AND FORESTRY

FORESTRY LAWS AMENDMENT BILL 2005 CONTENT OF PRESENTATION: What legislation is being amended Consultation Report on consultation Minor further changes for completeness

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)

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 provision

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 thus engaged in a consultation process to specifically target rural communities (Aug – Sept) Presented the Bill to the NCOP 24 August who also requested consultation with communities and organised farmers unions

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 engaged in a 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)

FURTHER CONSULTATION The Portfolio Committee and NCOP requested further consultation with three main audiences: Rural communities affected by the provisions of the Bill (appendix A) Farmers Unions and other organizations (appendix B) Wattle Bark growers and manufacturers (appendix C)

REPORT BACK ON COMMUNITY CONSULTATION Communities were satisfied with the provisions of the Bill and only had a few specific comments. These comments and the Department’s response is as follows:

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 17(2) Comment from community consultation Support the amendment, but recommend that the Minister must undertake a process of consultation with land owners when declaring a control forest area. Response: This is an emergency provision that requires fast action. However, the Act already requires the Minister to publish the intention and air it on radio stations, and where necessary to deliver a notice to all affected.

Section 27 THE ACT The Minister has the power to enter into lease agreements over State Forest land. AMENDMENT Extends power of Minister to create a trust to hold lease rentals on behalf of beneficiaries. Reason: This provision is required to enable the Minister to safe-guard monies that may rightfully have to be paid to successful land claimants.

Section 27 Comment from community consultations The communities support the creation of a trust. It is, however, suggested that where a community trust or CPA already exists, the Minister must consider paying the rentals into the existing community trust. Response Once land claims have been resolved and the rightful owners identified, it is the intention of the Department to assist communities to establish appropriate legal entities into which the lease rentals accrued will be paid.

Section 63(2)(a) THE ACT Anyone who without a license or authority 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 natural forests and is made a lesser offence. (third category) Reason: The use of all forest produce in natural forests is regulated by the Act and should thus be reflected as an offence if committed without a licence or authority.

Section 63(2)(a) Comment from community consultation The amendment is supported, however, suggest that forest produce in all natural forests should be protected, not just State forests, and the category of offence should remain a first category offence. Response: Forest produce in all natural forests are protected by the Act. It is believed that a first category offence is too harsh for the nature of the offence. Furthermore, repeat offenders may be sentenced to a higher category offence if the Magistrate so chooses.

CHANGES PROPOSED BY THE PORTFOLIO COMMITTEE Concern that monies should not be paid into Ingonyama Trust without effective and transparent financial management and control systems. Propose introduction of paragraph (e) under clause 5(5) The amendment on the prescription on the number of media under clause 10 found unneccassary due to section 31 of NVFFA

FURTHER MINOR CHANGES Repeal of only section 2 of Wattle Bark Industry Act, 1960 not enough to achieve purpose. Proposal to repeal the entire Act. Consultation was on basis of repeal of entire Act Consequentual amendment to long title.

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