030916bosch

National Environmental Management: Protected Areas Bill
Wording of proposed amendments to Bill

Version 4.2

Changes proposed in the following sections by institutions listed in 4^th column:

with comment from DEAT, 16 September 2003;and with

Last column: Comment by LRC or GTZ Transform, incorporating initial comments of staff of the Department of Land Affiars (DLA) on land reform-related proposals, marked in light print below, 16 September 2003. Note, however, that DLA has not formally approved any of these comments. Comment in italics was added after the meetings of the Committee on 16 and 17 September 2003.

Proposals by:

AnnB – Annexure B of unattached document; AWC – Animal welfare community, BS – Botanical Society; CM - Chamber of Mines; E12 – Environmental 12 Consortium; FOT – Friends of the Tahr; GSLWPA – Greater St Lucia Wetland Park Authority; GTZ – GTZ Transform; HC – Habitat Council; KOBIO – Kogelberg Biosphere Reserve; LRC – Legal Resources Center; LRCS – Lourens River Conservation Society; RC – Richtersveld Community; SANParks – South African National Parks; WLS – Wildlife and Environment Society of South Africa; WF – Wilderness Foundation; Xwe – Xwe African Wild Life Investigation and Research Centre;

# in the first column indicates that the relevant proposal was omitted from the first version of the document tabled by DEAT at the Portfolio Committee meeting on 2 September 2003.

P Indicates the Committee accepted the proposal on 16 September 2003.

* Indicates GTZ / LRC proposals accepted by the Committee.

(*) Indicates partial acceptance of GTZ / LRC proposals.

+ Indicates that GTZ / LRC supported the proposal made by another institution.

@ Indicates likely error made in drafting, in interaction between DEAT, State Legal Advisor and the Portfolio Committee.

X Indicates areas of concern, where wording proposed by GTZ / LRC (usually agreed to by DEAT beforehand, but not during the final Portfolio Committee meetings) has not been accepted

[ ] Comment in [square brackets] do not relate to principles of concern to GTZ / LRC.

Sec	Change	DEAT’s Recommendation	By	Comment: LRC, GTZ Transform, incorporating initial DLA proposals
1	Definitions
	Change Biodiversity	Change to be considered in the Biodiversity Bill Portfolio Committee: Agrees
	"national park" means – (b) an area which was a lake [development] area in terms of the Lake Areas	Accepted	SANParks
	Insert Sustainable	Common understanding of the term	Xwe
P *	Insert "lawful occupier" shall mean any occupier protected under the provisions of the Interim Protection of Informal Land Rights Act 31 of 1996, the Extension of Security of Tenure Act 26 of 1997 and the Land Reform (Labour Tenants) Act 3 of 1996 where the land regarding which the occupier enjoys such protected rights falls within a protected area or is proposed to be declared such area;	Accepted Portfolio Committee: Accepted	GTZ, LRC
@	Amend "local community" to include …"in a distinct geographical area[ in or adjacent to a protected area] in the protected area or proposed protected area concerned or in close proximity to such area;"	Accepted Portfolio Committee: Rejected as too vague, …"in or adjacent to…" retained	GTZ	'close proximity' is sufficiently clear. It clarifies that they need not live in an area with a shared boundary with the protected area. @ X Committee's decision on 16 Sept omitted, presumably inadvertently. The following words was accepted by the Committee after 'geographical area': " in or adjacent to a protected area or a proposed protected area "
#	Insert "Ecosystem services are the benefits people obtain from ecosystems, and include products such as food, fuel and fibre, and genetic resources; regulating benefits from the regulation of ecosystem processes, including climate regulation, disease and flood control and detoxification; and cultural non-material benefits obtained from ecosystems which include spiritual, recreational, aesthetic, inspirational, educational, community and symbolic values	Acceptable, if not a bit wordy	E12
2	Objectives of Act
P * P *	Add: (e) to promote sustainable utilization of protected areas for the benefit of people, in a manner that would preserve the ecological character of such areas; (f) to promote participation of local communities in the management of protected areas, where appropriate	Accepted Portfolio Committee: Accepted	GTZ, LRC
	Add: (e) to provide for the management of protected areas in accordance with the Biodiversity Act and international agreements	No, already covered in section 2(c)	AnnB
7	Conflicts with other legislation
	Bill should not be applied retrospectively by overriding other legislation	The override is confined to the management or development of protected areas – No change Portfolio Committee: No change accepted	CM, AWC
9	Kinds of protected areas
#P	Retain wilderness area be retained as a SA Protected area category and add it to section 9	The legal category has been retained in section 9(d), in addition sections 22 and 26 allow for a national park or nature reserve or part thereof to be designated a wilderness area. Cosmetic change for consideration: 9(a) special nature reserves, national parks, nature reserves (the latter two including wilderness areas), and protected environments;	E12
10	Register of protected areas
#(3)	Wilderness areas designated by provincial authorities should be listed as wilderness areas	This will be additional information determined by the Minister in section 10(2)(c). No change required	E12
17	Purpose of a protected area
# P (a)(d)	Delete : …to [adequately] protect…	Acceptable	AnnB
#(g)	Replace …supply of [environmental] ecological goods and services	Acceptable with the definition in section (1)	E12, AnnB
P	Add to promote research and the study of biodiversity or to rehabilitate and restore degraded ecosystems and promote the recovery of endangered and vulnerable species	Portfolio Committee: Accepts (m);	AnnB
18	Declaration of special nature reserve
(3)	Insert "only" if the owner has consented	Acceptable Portfolio Committee: Rejects, as unnecessary	CM
20	Declaration of national parks
	Delete "respect of [private] land		GTZ	Delete this old proposal. Replaced by the proposed new wording of s 31 & 32.
(3)			GTZ
21	Withdrawal of declaration or exclusion of part of national park
(1)(b)	Delete "other party", and sub-section (2)	Will make the agreement look one sided, therefore more difficult to negotiate – rejected Portfolio Committee: Agrees with DEAT, rejected	BS
(2)	"If the agreement referred to in section 20(3) has come to an end through the effluxion of time or the Minister or MEC, or any other [the] party to an agreement [, withdraws from an agreement referred to in section 20(3),] has lawfully terminated the agreement, the Minister must withdraw the declaration in terms of which the land in question was declared a national park or part of an existing national park [if the Minister, or the other party to an agreement, withdraws from an agreement referred to in section 20(3)]."	Accepted, but will require common language drafting Portfolio Committee: Rejected	GTZ, LRC
X (2)	If the Minister, or any [the] other party to an agreement [, withdraws from an agreement] referred to in section 20(3) has lawfully terminated the agreement, the Minister must withdraw the declaration in terms of which the land in question was declared a national park or part of an existing national park.		GTZ, LRC	This provision as well as (3) below drafted in response to concerns expressed by Committee's: Proposed to replace (2) above.
X (3)	If, after the term of the agreement has expired and the agreement is not renewed any of the parties to the agreement may request the Minister or MEC in writing to withdraw the declaration in terms of which the land in question was declared a nature reserve or part of an existing nature reserve, in which case the Minister or MEC must do so.		GTZ, LRC	Insert a new subsection (3) to address the situation where the term of an agreement has come to an end.
23	Declaration of nature reserve
#(2) (b)	(iii) add provision of environmental goods and services (ecosystem services)	Superfluous, already covered in section 17	E12
(3)	Insert "only" if the owner has consented	Acceptable Portfolio Committee: Rejected	CM
24	Withdrawal of declaration or exclusion of part of nature reserve
(1)(c)	Delete "other party", and sub-section (2)	Will make the agreement look one sided, therefore more difficult to negotiate – rejected Portfolio Committee: Agrees with DEAT, rejected	BS
X (2)	If the agreement referred to in section 23(3) has come to an end through the effluxion of time or the Minister or MEC, or any other [the] party to an agreement [, withdraws from an agreement referred to in section 23(3),] has lawfully terminated the agreement, the Minister or MEC must withdraw the declaration in terms of which the land in question was declared a nature reserve or part of an existing nature reserve [if the Minister, or the other party to an agreement, withdraws from an agreement referred to in section 23(3)].	Accepted, but will require common language drafting Portfolio Committee: Rejected	GTZ	Change similar to proposals in 21(2) and (3).
26	Designation of nature reserve as wilderness area
#(2) (a)	add provision of environmental goods and services (ecosystem services)	Superfluous, already covered in section 17	E12
28	Declaration of protected environment
#(1)	Insert and (c) state the purpose for which the environment is protected	Acceptable, but superfluous. Section 2 establishes the purposes for which a protected area may be declared. Portfolio Committee:	HC
#(2) X (b)	A declaration under subsection (1)(a) may only be issued— to enable an owners of land to take collective action to conserve biodiversity on their the owner’s land and to seek legal recognition therefor;		GTZ	Clauses 31 and 32 gives guidance on what ‘cooperation of any lawful occupier’ means. DEAT agreed to this provision, but did not put to committee.
#(2) (c)	add provision of environmental goods and services (ecosystem services)	Superfluous, already covered in section 17	E12
(3)	Agreement of land owner to be secured before declaration	No, this clause is worded specifically to allow the Minister to block untoward development with immediate effect Portfolio Committee: Agrees with DEAT, rejected	CM
31	Consultation by Minister
	Insert requirement for Minister to act in accordance with international treaties	This is covered in the Biodiversity Bill – no change Portfolio Committee: Agrees with DEAT, rejected	CM
P *	Amend to read: Subject to section 34, before issuing a notice or taking other steps under section 18(1), 19, 20(1), 21(1), 22(1), 23(1), 24(1), 26(1), 28(1) or 29[(1)], the Minister may follow such consultative process as may be appropriate in the circumstances, but must— (a) consult all national organs of state affected by the proposed notice; (b) in accordance with the principles of co-operative government as set out in Chapter 3 of the Constitution, consult— (i) the MEC of the province concerned; and the municipality in which the area concerned is situated; [and]	Accepted Portfolio Committee: Accepted		To require consultation also in case of withdrawals of declarations of protected areas.
(*) X	(c) consult in the prescribed manner or in a manner directed by the Minister and in compliance with subsection (2) any lawful occupier with a right in land in any part of the area proposed to be declared a protected area; and (d) follow a process of public participation in accordance with section 33. (2) In the consultation referred to in subsection 1(c) the Minister must make all reasonable efforts to negotiate an informed settlement on the proposed declaration with at least the majority of the lawful occupiers with rights in land in the area to be declared a protected area.		GTZ	Wording recorded in black in first column does NOT accurately reflect the wording proposed by GTZ. The words that have been inserted had been proposed formally by GTZ, and DEAT had undertaking to take it under advisement. Wording accepted by Committee: P "in the prescribed manner, consult any lawful occupier with a right in land in any part or the area affected". Insertion of wording in (c) is crucial. Without that there is no guarantee that a substantial attempt will be made to negotiate an agreement with the occupiers, or that the Minister responsible for land affairs will be involved in setting a procedure for the consultation.
32	Consultation by MEC
	Insert requirement for Minister to act in accordance with international treaties	This is covered in the Biodiversity Bill – no change Portfolio Committee: No change	CM
P *	Amend to read: Subject to section 34, before issuing a notice under section 23(1), 26(1), 28(1) or 29[(1)], the MEC may follow such consultative process as may be appropriate in the circumstances, but must— (a) consult in accordance with the principles of co-operative government as set out in Chapter 3 of the Constitution— (i) the Minister and other national organs of state affected by the proposed notice; and (ii) the municipality in which the area concerned is situated; (b) consult all provincial organs of state affected by any proposed notice; [and]	Accepted after discussion with GTZ Portfolio Committee: Accepted	GTZ	To require consultation also in case of withdrawals of declarations of protected areas.
(*) X	(c) consult in the prescribed manner or in a manner directed by the MEC and in compliance with subsection (2) any lawful occupier with a right in land in any part of the area proposed to be declared a protected area in the preserved manner; and (d) [(c)] follow a process of public participation in accordance with section 33. (2) In the consultation referred to in subsection 1(c) the MEC must make all reasonable efforts to negotiate an informed settlement on the proposed declaration with at least the majority of the lawful occupiers with rights in land in the area to be declared a protected area.	Accepted after discussion with GTZ Portfolio Committee: Accepted	GTZ	P See comment re 31. Note: Wording recorded in black in first column (ie words not in bold) does NOT accurately reflect the wording proposed by GTZ. The words that have been inserted had been proposed formally by GTZ, and DEAT had undertaking to take it under advisement.
33	Public participation
P *@ (1) (a)	Insert give notice in a national newspaper	Accepted after discussion with GTZ Portfolio Committee: Accepted	CM, GTZ	@ Committee's decision on 16 Sept misinterpreted by State Law Advisor. The wording suggested by DEAT and accepted in principle by the Committee, but not accurately reflected in final decision: ' The Minister or the MEC must— (a) publish the intention to issue a notice contemplated in section 31 or 32, in the Gazette, [and] in at least two newspapers distributed in the area in which the affected area is situated and in one national newspaper;'
(1) (b)	Change protected environment to protected area	No, this is specific to protected environments Portfolio Committee: Agrees with DEAT, rejected	CM
(1) (b) P *	Amend to read: if it is proposed to declare any private land as a protected environment, send a copy of the proposed notice by registered post to the last known postal address of each owner of land within the area to be declared, as well as to [each holder of rights to such land] to inform in an appropriate manner any other person whose rights in such land may materially and adversely be affected by such declaration.	GTZ Portfolio Committee: Accepted	LRC, GTZ
X (1) (c)	(c) consider taking additional steps to ensure effective public notice of the proposed notice, and take such steps.	Accepted after discussion with	GTZ, LRC	DEAT agreed to this provision, but did not put to committee.
(3)	Edit tot allow anyone with right or interests to be granted a hearing	The section already allows for this – no change Portfolio Committee: All land owners and rights holders to be heard	CM
34	Affected organs of state, communities and beneficiaries
P (*) (1) (b)	(1) If it is proposed to declare an area under section 18(1) or 20(1) as a special nature reserve or a national park, or as part thereof, and that area consists of or includes— (b) land which is held in trust by the state or an organ of state for a community or other beneficiary, the Minister may declare that area only with the concurrence of the trustee and the community involved in the manner envisaged in section 31(1)(c) and 31(2).	Accepted, wording to be checked	RC, LRC	Proposed change by DEAT was unnecessary if the final GTZ / LRC proposals regarding clauses 31, 32 and 86 were accepted. Committee accepted underlined wording in black print (not words in bold).
P (*) (2) (b)	(1) If it is proposed to declare an area under section 18(1) or 20(1) as a special nature reserve or a national park, or as part thereof, and that area consists of or includes— P (b) land which is held in trust by the state or an organ of state for a community or other beneficiary, the Minister may declare that area only with the concurrence of the trustee and the community involved in the manner envisaged in section 31(1)(c), 31(2), 32(1)(c) and 32(2).*	Accepted, wording to be checked	RC, LRC	Proposed change by DEAT was unnecessary if the final GTZ / LRC proposals regarding clauses 31, 32 and 86 were accepted. Committee accepted underlined wording in black print ( not words in bold).
35 X #	Initiation of declaration 35. (1) The declaration of private land as a special nature reserve, national park, nature reserve or protected environment, or as part thereof, may be initiated either by the Minister, the MEC or the owners of that land or lawful occupiers with rights in such land, acting individually or collectively.			To enable lawful occupiers to initiate a process of declaring their land a protected area. DEAT agreed to this provision, but did not put to committee.
P P	Insert new section: Written agreements entered into with landowners 35A (1) The terms of any written agreement entered into between the Minister or MEC and the owner of private land in terms of section 18(3), 20(3) or 23(3) will be binding on the successors in title of such owner. (2) The terms of agreement must be recorded in a notarial deed and registered against the title deeds of the property	Supported Portfolio Committee: Accepted	BS
36	Endorsement by registrar of deeds
P (2)	Add (b) "the terms and conditions of any notarial deed …"	Adds positively to new clauses, supported Portfolio Committee: Accepted	BS
(b)	Add (b) "make entry …"	Ditto, supported Portfolio Committee: Accepted	BS
37	Application of Chapter [4, on Management of Protected Areas]
P X	37. Except where expressly stated otherwise in this Chapter, this Chapter only applies to a protected area which is a special nature reserve, national park or nature reserve, and the expressions "protected area", "national protected area", "provincial protected area", [and] "local protected area" and "protected environment" must be construed accordingly.			Related to proposal of GTZ, LRC & BS to make appropriate management provisions of this chapter applicable to protected environments – containing detailed wording. Principle accepted by Committee. X However, the amendment on the left does not achieve this and seems to achieve little else.
38	Management authorities
(1)(a) P +	Replace "organ of state or any other institution" with "suitable person, organization or organ of state"	No	BS
	Add (1)(b)(ii) "of any area which is regulated under a biodiversity management agreement…"	No, this is correctly situated in the Biodiversity Act	BS
P New (4)	Add "Marine and terrestrial protected areas with common boundaries must be managed as an integrated protected area by a single management authority	Assignment of marine protected areas is done by the Minister in terms of the Marine Living Resources Act – this would then apply to national protected areas only	GSLWPA	Surely this must be in the discretion of the Minister or MEC, since it depend on the circumstances of the case.
39	Preparation of management plan
P * (3)	Insert …"other organs of state, local communities and other affected parties	Accepted after discussion with GTZ	GTZ
41	Management plan
P + (2)	Add (a) terms and conditions applicable to a biodiversity management agreement	No, this is correctly situated in the Biodiversity Act	BS
P	Add (e) a zonation of the area indicating what activities may take place in different sections of the area, and the conservation objectives of those sections;	Accepted	SANParks
	Add: (e) particulars and proposals relating to planned commercial activities, and developments of infrastructure; and (f) planning measures for the maintenance and control of species and proposed eradication programmes	No, this is covered under 41(2)(a) and (b)	AnnB
(2) X P *@	Add (d)"…participation, including by the owner (if applicable), any local community or other interested party; (e) where appropriate, a programme for the promotion of historically disadvantaged local communities, and women; (fe) where appropriate, the implementation of community-based natural resource management	Accepted after discussion with GTZ	LRC, GTZ	Drafted in response to DEAT's request: to ensure a management plan sensitive to the advancement of women and other historically disadvantages community members. DEAT agreed to (e), but did not put to committee. @ Term 'management' does not correspond with term 'utilization' in clause 86 – apparently in error.
P *	(3) A management plan may contain – (a) development of economic opportunities within and adjacent to the protected area in terms of the IDP framework; (b) development of local management capacity and knowledge exchange; financial and other support to ensure effective administration and implementation of the co-management agreement; and any other relevant matter	Accepted after discussion with GTZ	GTZ
42	Co-management of protected area
	Insert new sections dealing with management agreement regarding a protected environment; biodiversity management agreement s	No, (1) protected environments are a land-use control mechanism, not a management control mechanism; (2) this is correctly situated in the Biodiversity Act	BS	See 42A and comment on clause 37.
(2)(c) P *	Delete … [collection, catching or] use…	Accepted after discussion with GTZ	GTZ
(d) P *	Delete …access to [sites of cultural or religious significance in] the area	Accepted after discussion with GTZ	GTZ
P *	Add new (f) development of economic opportunities within and adjacent to the protected area;	Accepted as part of new section 41(3)	GTZ
P *	Add new (g) development of local management capacity and knowledge exchange;	Accepted as part of new section 41(3)	GTZ
P *	Add (h) financial and other support to ensure effective administration and implementation of the co-management agreement;	Accepted as part of new section 41(3)	GTZ
P *	Add 42 (5) Where the Minister or MEC in terms of 42(4) cancels a co-management agreement forming a material term of an agreement contemplated in section 20(3), 23(3) or 28(3), section 21(2), 24(2) or 29 respectively will apply regarding the withdrawal of the declaration of the protected area or exclusion of part of that protected area.	Accepted after discussion with GTZ, but will require proper drafting	GTZ
42A	Management of protected environments	New
@	Add: (1) The Minister or MEC may enter into a management agreement with any suitable person, organization or organ of state regarding the management of a protected environment. (2) Where the area, or any part of it, is regulated by a biodiversity management agreement in terms of under section 44 of the National Environmental Management: Biodiversity Act: the Minister or MEC must, where possible, conclude the management agreement with the person, organization or organ of state which was appointed to implement the biodiversity management agreement; and the management agreement must, where possible, incorporate the terms and conditions of any previously applicable biodiversity management agreement.	acceptable must separate from the Biodiversity Act	BS	@ Principle in (1) supported by Committee, but not embodied in amendments.
45	Access to special nature reserve
(3) P	Add: (e) the recording of bone fide news, educational and scientific programmes	acceptable	AnnB
47	Use of aircraft in special nature reserve, national park or world heritage site
P	Extend clause to include all protected areas; to a level of 3000 feet above the highest point in the protected area	special nature reserves, national parks and world heritage sites have been negotiated with the Civil Aviation Authority. They are willing to negotiate individual nature reserves with the relevant MEC,not provide a blanket clause; level negotiated with CAA Agreed	WF, E12	[Proposal that has been accepted seems impractical, and CAA does not appear to have been consulted in this regard.]
(1)	Change 1500 [feet] metres	Level negotiated with CAA, but worth further exploration	SANParks
48	Prospecting and mining activities in protected areas
	Clause 48. (1) Despite other legislation, no person may conduct commercial prospecting or mining activities—(a) in a special nature reserve, national park or nature reserve; (b) in a protected environment without the written permission of the Minister and the Cabinet member responsible for minerals and energy affairs; or(c) in a protected area referred to in section 9(b), (c) or (d).
(1)	Uphold the prohibition commercial prospecting and mining in protected areas in this section	Agreed	SANParks
(1)	Allow for review of ban on mining and allow for prospecting	No, mining in protected areas is incompatible	CM
(1)	Insert "but subject to section 104 of the MPDA 28 of 2002"	No, this is in conflict with the spirit	RC
(2)	Expand to include prospecting to continue	No, it is futile to allow prospecting when mining will not be allowed	CM
X (2)	(2) Subsection (1) does not affect prospecting and mining activities which were lawfully conducted immediately before this section took effect {CoM: in accordance with any valid right to prospect or mine contemplated in Schedule II to the Minerals and Petroleum Resources Development Act, 2002, Act No 28 of 2002}: Provided that the Cabinet member responsible for minerals and energy, after consultation with the Minister, must not convert any old order prospecting right or any old order mining right as contemplated in items 6 and 7 of Schedule 2 of the Mineral and Petroleum Resources Act 28 of 2002, if such prospecting or mining activity impacts on the ecological integrity of a protected area to the extent that the purpose for which the protected area was declared will not be fulfilled.	No, but subject to further negotiations	RC, GTZ
(2) P	Replace with: The Minister, after consultation with the Cabinet member responsible for mineral and energy affairs must review all mining activities which were lawfully conducted in areas indicated in 48(1)(a),(b) and (c) immediately before this section took effect with a view to phasing them out, and determine under what conditions and controls such mining activities may take place, taking into account the interests of indigenous communities.	Preferred text	DG
X (3)	(3) The Minister may after consultation with the Cabinet member responsible for minerals and energy and after inviting representations from relevant stakeholders, from time to time by notice in the Gazette, having regard to the need to ensure the ecological integrity of a protected area, restrict prospecting and mining activities on such terms and conditions as the Minister may determine.	No, but subject to further negotiations	GTZ
X (4)	Despite the provisions of of subsection (1), an historically disadvantaged a community may obtain on land which is registered or to be registered or to be registered in the name of the community concerned- a preferent right under section 104 of the Mineral and Petroleum Resources Act 28 of 2002; and a prospecting right or mining right issued pursuant to a preferent right; provided that the Cabinet member responsible for mineral and energy affairs, after consultation with the Minister, must not issue a prospecting or mining right if any prospecting or mining activities will impact on the ecological integrity of a protected area to the extent that the purpose for which the protected area was declared will not be fulfilledit undermines its status as a protected area	No, but subject to further negotiations	GTZ
50	Commercial and community activities in national park, nature reserve and world heritage site
(1)(b) P *	Change [harvest] to use	accepted	GTZ
(2)	Expand to …exclude any activity which may endanger or place at risk the lives of endangered or vulnerable species or that of visitors to the protected area.	No, is adequately covered in section (2) and in common law. It would also make management impossible	AnnB
(4) P *+	Change to read: Any activity carried out lawfully in terms of any agreement subsisting as at the date this section took effect may continue to take place until the date of termination of such agreement provided that the agreement may not be extended or varies so as to expire after the original intended expiry date of the said agreement, without the consent of the Minister.	Acceptable	AnnB	Addresses the concerns of GTZ and LRC that were attempted to be addressed in clause 92.
53	Certain rights and entitlements to be respected
(1)(a) P *	Delete "…[and on the basis that a protected area should be retained in its original state in order to achieve the effective conservation of the area having regard to economic sustainability and holistic and coherent management by the management authority]	Accepted after discussions with GTZ	GTZ
55	Functions (of SANParks)
(2)(d)	Amend to read: control, remove or eradicate any [alien] species or specimens of species which it considers undesirable to protect and conserve in a park or that may negatively impact on the biodiversity in a park;	Accepted	SANParks
	Add: (h) prevent and combat crime and carry out law enforcement in respect of any offence threatened or committed in any national park as prescribed by the Minister	Supported	SANParks
56	General powers (of SANParks)
57	Composition (of SANParks board)
	Make provision for person/s from the animal welfare community, with appropriate experience in wildlife management issues	No interest groups have been identified intentionally in order to allow for an effective but small board.	AWC, FOT
	Object to limiting the number of members of the board to 12		Xwe
58	Qualifications (of SANParks board members)
(2)	Add: has a criminal record; or is disqualified under the Companies Act	Unnecessary, covered in section 65	FOT
80	Acquisition of [private] land [or right in land] by State
(1) P *	Amend to read: The Minister, acting with the concurrence of the Cabinet member responsible for land affairs, may acquire private land, or any right in or to [private] land, which has been or is proposed to be declared as or included in a national protected area, by	Accepted after discussions with GTZ
84	Mineral right
	It is not possible to cancel a mining right	This is by expropriation, with the concurrence of the Minister of Mineral and Energy Affairs – consider the term "sterilize"	CM
85	Financing (of land or rights in land)
86	Regulations by Minister
(1)	Add 2 new subsections relating to management agreements: regarding protected environments; and regarding biodiversity management	No, (1) protected environments are a land-use control mechanism, not a management control mechanism; (2) this is correctly situated in the Biodiversity Act	BS
P *@ X X	86. (1) The Minister may make regulations and issue directives that are not in conflict with this Act— (d) giving content to the term community-based natural resource utilization, which shall include: (i) the promotion and maintenance of a diverse and flexible range of livelihood options for local communities in or adjacent to such areas; and (ii) the maintenance and improvement of the production potential of the resource base of the affected local communities;			Subparagraphs (i) and (ii) omitted in decision of Committee, as advised by DEAT. @ Term 'utilization' not used in relevant provision, clause 41(1)(e) – apparently in error.
X (3)	Regulations made regarding the consultation required in sections 31(1)(c) and 32(1)(c) must be made in consultation with the Cabinet member responsible for land matters.			DEAT agreed to this provision, but did not put to committee in this form: recommended a general clause allowing drafting of regulations on 'consultation activities which are required in terms of this Act', but omitting the requirement that, regarding consultation in clauses 31(1)(c) and 32(1)(c) with the Cabinet member responsible for land affairs must .
(1)	Add "…regulations and issue directives and guidelines…"		GTZ	DEAT agreed to this provision, but did not put to committee.
87	Regulations by MEC
(1)	Change as follows: The MEC [may] shall, if the Minister has not made regulations in respect of a declared protected area, make regulations not in conflict with this Act regarding any matter referred to in section 86(1), in order to achieve the purpose for which the area was proclaimed.	No, may allows for political discretion; MEC’s powers are limited to their provincial protected areas; The Minister retains the power to set norms and standards for proper performance of functions in this Act (86(1)(f); the last statement is superfluous	HC
90	Repeal of laws
	Do not repeal Protected Natural Environment (section 16 and 17 of the Environmental Conservation Act)	PNE’s are to be replaced with Protected Environments (section 28) which have more flexibility. Existing PNE’s can only be repealed by regulations published by MEC’’s	HC, MPA, LRCS
NEW	Insert new chapter on Biosphere reserves	No, a Biosphere reserve is a means of promoting the benefits of protected areas beyond their boundaries and thus effect return benefits to the protected areas. This is a way of integrating municipal planning with protected area management	KOBIO
NEW	Chapter 3 requires a clause setting out the process to be followed which will lead to the case being made for a particular area to be declared a protected area, and must include a cost benefit analysis.	Unnecessary, catered for in NEMA	CM
NEW	Chapter 4 part 4, should include as a basic condition that all commercial and recreational hunting of species in a protected area is prohibited, save as may be permitted by the Minister in terms of regulations for the purpose of achieving the objectives of this Act	No, this is a policy position. The management plan, as approved by the Minister will determine if hunting of any type may take place in a protected area.	AnnB
NEW	Chapter 7 should make provision for: Any person shall to apply to the Minister to investigate and take appropriate steps against any compentent authority for its compliance the provisions of this Act including any approved management plan or any norms and standards or Regulation prescribed by the Minister.	No, unnecessary, covered by common law	AnnB
92	Savings
	The organ of state managing a protected area immediately before this section took effect [, other than a protected area referred to in subsection (1),] must continue managing the area until the management of the area is assigned either to it or another management authority in terms of Chapter 4 in accordance with— (a) this Act, and any management plan in terms of Chapter 4 for the area; and (b) any condition and agreement which existed immediately before this section took effect and which were applicable to the area;			Covered by amended to clause 50(4) that had been accepted by the Committee.