FINAL VOTING MANDATE ON- FORESTRY LAWS AMENDMENT BILL [B24B – 2005]

(SECTION 76)

1. INTRODUCTION

The Chairperson of the Gauteng Portfolio Committee on Agriculture Conservation and Environment, Ms N Nkomo- Ralehoko tables the Committee’s Final Voting Mandate on the Forestry Laws Amendment Bill [B24B - 2005] as follows:

2. PROCESS FOLLOWED

On Friday, 14 October 2005, the Speaker formally referred the Forestry Laws Amendment Bill [B24B-2005], a Section 76, in terms of the Gauteng Provincial Legislature's Standing Rules 232(1) (a) read with 235 (4) and (6).

The Portfolio Committee at its meeting of the 21^st October 2005, received a Provincial briefing from the Permanent Delegate to the National Council of Provinces (NCOP), Honourable Member A Mzizi.

On the 28'h 0ctober2005, Gauteng Department of Agriculture, Conservation and Environment (GDACE) gave a presentation on the Bill to the Committee. After due deliberations, the Negotiating Mandate on the Forestry Laws Amendment Bill [B24B-2005] was unanimously adopted by the Portfolio Committee.

The Portfolio Committee did not consult with stakeholders nor conduct public hearing when considering this amendment bill, as the main purpose of this bill is to clean up existing legislation within the administrative competence of the Department of Water Affairs and Forestry.

The Portfolio Committee, on 10 November 2005, met to adopt the Final Voting Mandate

3. SOCIAL AND FINANCIAL IMPACT ASSESSMENT OF THE BILL FOR THE PROVINCE

The Gauteng Department of Agriculture, Conservation and Environment has confirmed and assured the Portfolio Committee during its presentation to the Portfolio Committee, that the bill will have no social or financial implications for the Province.

4. PRINCIPLE AND DETAIL OF THE BILL

The Bill aims to amend three Acts: National Forest, 1998 (Act No. 84 of 1998), National Veld and Forest Fires Act, 1998 (Act No. 101 of 1998 and Wattle Bark Industry Act, 1960(Act No.23 of 1960).

5. CONSTITUTIONALITY OF THE BILL

The Bill has been tagged as a section 76 and will therefore require that the provisions of section 65 of the Constitution be applied in the NCOP, in relation to the passage on the bill.

6. COMMITTEE POSITION

The Committee supports the bill with no proposed amendments.

7. FINAL VOTING POSITION ADOPTED BY COMMITTEE

In terms of Section 65 of the Constitution, the Agriculture, Conservation and Environment Committee recommends that the House confer authority on the Gauteng Provincial Delegates to the NCOP to vote in favour of Forestry Laws Amendment Bill [B24B-2005] Section 76.