Report
of the Select Committee on Land and Environmental Affairs on the
request for proposed
withdrawal of declaration of a portion of land of the
The request from the Minister of Water and Environmental Affairs for the
exclusion of a portion of state land from the Lowveld
National Botanical Gardens was referred to the Select Committee on Land and
Environmental Affairs on 26 January 2010 for consideration and report.
In terms of section 34(2) of the National Environmental Management Act:
Biodiversity Act (Act 10 of 2004), a part of a national botanical garden on
state land may not be excluded from it except by resolution of both Houses of Parliament.
Having deliberated on the matter, the Select Committee on Land and
Environmental Affairs recommends that the National Council of Provinces
resolves to approve the request for the withdrawal of 1.47 ha of portion 30 (a
portion of portion 14) of the farm Boschrand
No.283-JT, of state land from the Lowveld National
Botanical Gardens.
The Committee would like the following to be noted:
The Committee was briefed by the officials of the Department of Water
and Environmental Affairs on 16 March 2010 and deliberated on the matter. The
following was raised:
The Committee took exception on two matters. Firstly, the department had
already issued an Environmental Authorisation to proceed with the construction
of the road without the necessary approval from both Houses of Parliament. The
Committee further requested a full list of Interested and Affected Parties that
were consulted during the public participation process, during the
Environmental Impact Assessment as part of the requirements of the National Environmental
Management Act (107 of 1998).
Although the Committee agreed to recommend approval of the request to
de-proclaim the portion of the
Report to be considered.