EASTERN CAPE PROVINCIAL LEGISLATURE

REPORT OF THE PORTFOLIO COMMITTEE ON ECONOMIC AFFAIRS, ENVIRONMENT AND TOURISM (EASTERN CAPE PROVINCE)

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

  1. Terms of reference

    2. 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.

  2. Briefing

    3. 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.

  3. Consultation

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

  4. Concerns

    5. 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:

(1) 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

28 September 2004