NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL, B 67B OF 2008

Clause 1 National Environmental Management: Protected Areas Act, 2003 Section 20 Amendment: ‘‘(6) (a) Each area defined in Schedule 2 shall be a national park under the name assigned to it in that Schedule. (b) The Minister may by notice in the Gazette amend Schedule 2.’’. Reason: Reference to national parks and their areas are contained in Schedule 1 to the National Parks Act, It is now desirable to repeal the said Act and have all provisions dealing with national parks in the Protected Areas Act, Further, any amendments or additions to national parks are provided for by means of a notice in the Gazette thus preventing the Act itself from been amended each time the Schedule is amended.

Clause 2 National Environmental Management: Protected Areas Act, 2003 Section 28 Amendment: (5) The declaration of an area as a protected environment for the purposes of subsection (2)(f) lapses at the expiry of [three years from the date of publication of] the period stated in the notice contemplated in subsection (1), but the Minister or the MEC, as the case may be, may, by agreement reached with the owners of the land in question and by notice in the Gazette, extend that period [for not more than one year].’’. Reason: Section 24 of the Act contains fixed time periods for an area of land to be included in a national park or nature reserve after being declared a protected environment. The Bill seeks to provide for more flexibility arrangement around the setting of time periods and it could now be set on a case by case basis.

Clause 3 National Environmental Management: Protected Areas Act, 2003 Section 38 Amendment: ‘‘(a) [must] may assign the management of [a special nature reserve] any kind of protected area listed in section 9 to a suitable person, organisation or organ of state; (aA) must assign the management of a national park to South African National Parks [or another suitable person, organisation or organ of state]; and’’. Reason: In terms of section 38(1) of the Act the Minister must assign the management of a special nature reserve or a nature reserve to a suitable person, organisation or the state. As the South African National Parks has an exclusive right to the name and because it is not desirable to have multiple organisations running national parks, it is therefore recommended that Act be amended so that national parks may only be assigned to the South African National Parks.

Clause 4 National Environmental Management: Protected Areas Act, 2003 Section 47 Amendments: Scope of application expanded to ‘organs of state’. Written permission required from Management Authority. Minister is appeals authority for decision of management authority. Minister and minister of defense must agree on specific areas in identified protected airspace to be used for testing aircraft. The PC amended the Bill to make the provision of any flight corridor subject to an environmental authorisation in terms of NEMA. Reason: Controlling flights over special nature reserves, national parks or world heritage sites are of utmost importance to protect the pristine condition of a protected area. This section has been amended to provide that prior written permission of the management authority must first be obtained before flying over the aforementioned areas. Provision is made that contravention of this section is an offence.

Clause 5 National Environmental Management: Protected Areas Act, 2003 Section 54 Amendment: The SANParks may only be wound-up or dissolved by or in terms of an Act of Parliament and by a resolution of a majority of two thirds of all its members. Upon its winding-up or dissolution, the SANParks must transfer its remaining assets or the proceeds of those assets, after satisfaction of its liabilities, to the State or to an equivalent section 3A Public Entity (PFMA). Reason: There is currently no enabling section in the Act which provides for the winding-up or dissolution of the South African National Parks and the transfer of its assets, or tax exemption upon the winding-up/ dissolution. PC amended Bill to make provision that the dissolution or winding-up of SANParks may only be done by Act of Parliament and by a resolution of two thirds of all its members. PC also amended the Bill to make provision that the assets may only be transferred to the state or a section 3A Public Entity (PFMA).

Clause 6 National Environmental Management: Protected Areas Act, 2003 Section 55 Amendments: Expansion of the functions of SANParks: To manage all existing national parks and any kind of protected area listed in section 9. Minister to assign the management of world heritage sites and protected areas not included under section 55(1)(a) of the Act. To increase their exposure, provision is now made for the South African National Parks to attend international and similar initiatives. SANParks must make, set penalties for, and enforce traffic rules. Reason: The Act has no empowering provision providing for the South African National Parks to manage all national parks and any kind of protected area listed in section 9. Further provision has now been made to enable the Minister to assign the management of world heritage sites and protected areas to SANParks. Further, to increase their exposure, provision is now made for the South African National Parks to attend international and similar initiatives identified by the Minister. As roads in a protected area are neither national nor provincial a provision is now made for the South African National Parks to make and enforce traffic rules in all areas administered by it.

Clause 7 National Environmental Management: Protected Areas Act, 2003 Section 75 Amendment ‘‘(g) fines received or recovered in respect of offences committed [within national parks] under this Act; and’’. Reason: Previously the South African National Parks could only retain as part of its funds monies received in respect of offences committed within national parks. This is now expanded to include monies collected for all offences committed under the Act.

Clause 8 National Environmental Management: Protected Areas Act, 2003 Schedules Amendment: The Schedules contained in the Schedule to this Act are hereby substituted for the Schedule to the principal Act. Reason: This clause seeks to add a new Schedule to the Act and to amend the current Schedule 1. The previous Schedule 1 has been amended to allow for the repeal of the whole National Parks Amendment Act, 1997.

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