The National Council of Provinces referred the Forestry Laws Amendment Bill, (B24B - 2005] to the Limpopo Legislature for conferral of mandate and the Limpopo Legislature referred the Bill to the Portfolio Committee on Agriculture, Land and Water Affairs for consideration and conferral of mandate.

The Portfolio Committee on Agriculture, Land and Water Affairs having received the Bill requested the NCOP to brief the Committee on the Bill.

2. PURPOSE

The Bill seeks to amend the National Forestry Act, 1998, so as to delete certain words, phrases or expressions for clarity , to allow for and exemption for the use and handling of protected trees and their products; to authorize the Minister to establish a trust in respect of State forests under certain circumstances; to enable the Minister to pay lease money in respect of such State forests into a trust account; to provide for such money to be paid to certain beneficiaries; to extend the Minister's regulatory powers; and to provide for further criminal sanctions in respect of certain activities in forest, to amend the National Veld and Forest Fire Act,1998 as to as to provide for a fire danger rating which is more dangerous than "high"; and to extend the Minister's regulatory powers; to repeal the Wattle Bark Industry Act, 1960, so as to effect deregulation of the wattle bark industry and to provide for matters connected therewith.

On Friday, 21 October 2005, the NCOP delegate, Hon. Motlatjo Thetjeng briefed the Portfolio Committee on Agriculture, Land and Water Affairs at Parliamentary Village.

4. FINDINGS

The Committee was satisfied by the briefing and appreciated the amendment of Section 7(1) (a) of the National Forestry Act, 1998 (Act No. 84 of 1998) by deleting the word "living" from "any indigenous living tree in natural forests". The Committee felt that the word "livings would make it difficult to control the cutting, damaging or destructing indigenous trees since it might encourage people to commit the act in the pretext that the wood or fire wood was cut from a dead tree and thus making it difficult to enforce the Act.

Amongst others, the Committee also appreciated the insertion of Section 27A that will enable the Minister to establish the trust and other amendments aimed at extending the powers of the Minister.

The Committee also found that the amendments on the Amendment of the National Veld and Forest Fire Act, 1998 and the Amendment of the Wattle Bark Industry Act, 1960 were necessary to allow the Acts to be more relevant to the current democratic dispensation. The Repeal of Wattle Bark Industry Act, 1960 was particularly appreciated in that this will go a long way in integrating the whole country.

5. RECOMMENDATION

The Committee, having been briefed and considered the amendments, recommends to the House to confer the mandate to the NCOP Delegates to vote in favour of the Bill to pass into law.

HON.DR H E MATEME: PORTFOLIO COMMITTEE CHAIRPERSON