Land Bank Amendment Bill [B108B-97] and Marine Living Resources Bill [B94B-97]: briefing

LAND, AGRICULTURE & ENVIRONMENTAL AFFAIRS SELECT COMMITTEE
22 April 1998
LAND BANK AMENDMENT BILL [B108B-97] AND MARINE LIVING RESOURCES BILL [B94B-97]: BRIEFING

Briefing on the Land Bank Amendment bill

Background:

A response to the Strauss Commission
Wanted bank flexibility with people
King recommendations (bad governance; less meetings)
New products (micro lending schemes)
Usage of track record lending

Q. Are there chances for joint ventures?
A. Yes.

Q. Is there a control/cap on bank charges ?
A. There are no rules, this is left up to the Government.

Q. Financial intermediary: What is the policy behind whom the bank may lend to?
A. They only lend and hope that it is being used for some or another agricultural purposes.

Q. Do loan office have a responsibility to the act ?
A. Yes.

Q. Is marriage status taken into account when granting loans?
A. This is dependant on the marriage status and the size of the loan.

Q. Can you clarify as to how you recover money?
A. The premium’s that are charged cover the fall out percentages in stages 1, 2 and 3 .After then the person is regarded a loyal , trustworthy client .

Q. Pg 16 Line 27: Why is this not considered a breach of contract?
A. Old legislation that is still in place and the time context provides these problems which will be addressed at a later stage in new legislation.

Q. Existing loan books: Can secondary loan books be made?
A. Yes, it is possible.
ote that act 28 has recently been amended by the National Assembly which relates to this matter.

Briefing on the Marine living Resource bill

Q. Are there any amendments that are suggested ?
A. Yes, mainly technical amendments e.g. Spelling; omissions

Q. Why has there been legislation passed that recreational fishers are not allowed to sell there catches?
A. The sales of recreational fish catches gives incentives for a greater catch.

Q. Subsistence fishing: Is this foreseeable to continue and how will this be policed ?
A. Yes, policing will be accounted for by the increase in resources the will come alongside

Q. Please expand on what you term by resources.
A. Money obtained by leasing long term fishing rights will be available.

Q. Do you have a business plan?
A. We are still waiting for approval by parliament before detailed planning can begin.

Q. Fisheries Transformation Council: Are they obliged to pay rights?
A. Rights will be allocated to the council and in turn they will lease them.

Q. Estuaries: Why is this excluded from S.A. waters?
A. They are not excluded, Please refer to the maritime act.

Q. Cannot a technical amendment be made to simplify this?
A. We will refer to our technical staff.

Q. Isn’t section 3.3 to broad ?
A. We do not deal with fresh water fish.

Q. Joint ventures might make existing, expensive infrastructure redundant, is there any protection in this regard?
A. The bill does protect local industry (section 38 and 39)

Q. This section does not account for joint ventures, only international trade?
A. (unable to understand)

Q. Does the Department recognize the artisinal sector?
A. Yes as subsistence fishers.

Q. Subsistence by definition: There is a gray area between subsistence and commercial. It is unfair on small commercial fisherman to have to comply to the regulations of general commercial fishing, especially to the previously disadvantaged.
A. The have been catered for by the categories that exist in the commercial sector i.e. Small, medium and large business.

Q. What does artisinal mean?
A. A person whom fishes for a living but whom does not employ anybody.

Q. How would creating a new category help the situation?
A. The category does not need to be created, they already exist.

Q. The definition of fish does not include sea bird or seal, why not ?
A. There is a separate bill regarding them.

Q. Are we not trying to amalgamate these two bills?
A. It would be wrong to delay this bill while waiting for an amalgamating one.

Q. Section 9: What role is the South African Police involved in?
A. A mention of them is unnecessary, they already have the function to uphold the law.

Q. Section 14.1: There is no mention of references to scientific data, should there be?
A. Section 2 states that the minister is responsible to protect the stocks, there is enough protection supplied for the stocks.

Q. Marine living resource fund: What are the controls for this?
A. Section 11 cares for this.

Q. Transferring of subsistence permits: Is this by Person or by area?
A. A technical amendment will need to be made.

Q. Is this licenses usable throughout S.A.?
A. The minister can specify.

Q. Will snorkeling be allowed in protected waters?
A. It will be determined by the regulations.