FREE STATE LEGISLATURE
PORTFOLIO COMMITTEE ON TOURISM, ENVIRONMENTAL AND ECONOMIC AFFAIRS
Report on conferral of authority to vote on the National Environmental Management: Air Quality BILL [B62 D –2003]
1. Report on inter-provincial negotiation
The Committee received a report on the Select Committee meeting on the amendments brought by the Portfolio Committee on Environmental Affairs and Tourism.
2. Consideration
Ms Zarina Adhikan, Parliamentary Officer of the Department of Environmental Affairs and Tourism briefed the Committee on the amendments effected by the National Assembly
Mr Neels van Rooyen, Permanent Delegate to the NCOP was also present to brief the Committee on the amendments to the bill.
Recommendations
The Committee recommends that:
Authority be conferred to the Free State delegation to vote for the adoption of the Bill with the following amendements:
Long Title
The words "ecological degradation" is not linked to the provisions of the Bill as there is no provision in the Bill dealing with ecological degradation.
Clause 9(c)
Whilst an amendment has been effected to tighten the clause and to ensure that there is no choice between ambient or emission standards, the word "may" still does not entail a mandatory action on the part of the Minister
Clause 21 (1)
The Committee noted that the document entitled "AMENDMENT REPORT" provides for "must and the" and the amendment as effected in the Bill provides for "must or the"
Clause 49 (c)
The paragraph does not refer to a juristic person due to the inclusion of the word "been".
b)Despite previous participation of the province during the negotiating and the voting mandate, the province requests consideration of the following input
Clause 1
The definition of "mobile source" should include examples of what those source entail
Clause 39 (c)
The Committee proposed that the words "tradable emission scheme" be defined.
Clause 42 (1)
The Committee noted that the provisional atmospheric emission license is open ended in the event a person does not comply with the conditions and requirements for a period of six months, and that there should be a clear provision for the cancellation of such a provisional license.
Clause 48 (1)
Clause 48(1) is in conflict with the PREAMBLE which provides for a constitutional right to have the environment protected by legislation in that it should be the responsibility of the State to protect that right and not holders of lionesses and the designated emission control officers.
Clause 49 read with clause 39(f)
The Committee proposed to delete "person" to substitute "applicant" in line 37 for the purpose of consistency.
Clause 53 ( l )
The incentive referred to should also include incentive for the use of clean motor vehicles emissions
Mr P Khoaral
Chairperson: Committee on Tourism, Environmental and Economic Affairs Free State legislature
Ms E Rockman
Secretary to the Legislature
Free State Legislature
4 October 2004