Negotiating Mandate on National Environmental Management: Air Quality Bill [B62D-2003]

J. Terms of reference

The National Environmental Management: Air Quality Bill [B62D-2003] has been referred to the Portfolio Committee on Economic Affairs, Environment and Tourism by the NCOP Business Committee for consideration.

The Committee was briefed on the contents and effects of the amendments to the Bill by Mr IR Mabalase, Director of Air Quality Management, on 16 September 2004. Mr Mabalase informed the Committee that the amendments are of a technical nature and would therefore not change the substance and principle of the Bill.

Due to the nature of the Bill, the Committee resolved not to conduct Public Hearings.

The Committee raised the following concerns:

(1) Reduction of the burden of proof on the part of the State. The Committee is concerned at the level of discretion conferred upon the Minister.

(2) No provision for appeal against a decision taken by the Minister.

(3) The Committee is concerned about the implications of the Bill on those businesses who cannot comply with the provisions of the Bill and might have to close down.

(4) The Committee is concerned with the financial implications of the Bill because although the Bill has financial implications for the provinces it is not clear where the funds will come from.

(5) There is no clear distinction between heavy fuel and dirty fuel, and this must be cleared.

(6) Clause 13 provides for the establishment of the National Air Quality Advisory Committee by the Minister. However, there is no provision relating to the tenure of office, number of people, qualifications or disqualifications etc. The Committee feels that this should be expressly provided for in the Bill.

5. Resolution

The Committee having considered the Bill and proposed amendments resolved that the following negotiating mandate be conferred:

( I ) To support the Bill and proposed amendments to the Bill [B62D-2003] subject to consideration of the above concerns.

(2) To recommend that Hon MPL Masualle be designated as a Special delegate to attend the meeting on Negotiating Mandates on behalf of the Eastern Cape Province.

Mr P Masualle

Chairperson: Portfolio Committee on Economic Affairs, Environment and Tourism

Eastern Cape Provincial Legislature

BHISHO