1. PRESENTATION TO NATIONAL COUNCIL OF PROVINCES 24 AUGUST 2005
24 AUGUST 2005
FORESTRY AMENDMENT BILL
DEPARTMENT OF WATER AFFAIRS AND FORESTRY

2. FORESTRY AMENDMENT BILL 2005
CONTENT OF PRESENTATION:
What legislation is being amended
Amendment process followed
Specific proposed amendments for each legislation
The proposed Trust provision

3. What is being amended? National Forests Act, 1998 (Act No. 84 of 1998)
National Veld and Forest Fires Act, 1998 (Act No. 101 of 1998)
Wattle Bark Industry Act, 1960 (Act No. 23 of 1960)

4. What are these Acts about?
National Forests Act, 1998 (Act
No 84 of 1998)
Sustainable management of forests
Protection of forests and trees
Sustainable use of forests
Community participation in all aspects
of forestry

5. What are these Acts about?
National Veld and Forest Fires Act, 1998 (Act No 101 of 1998)
- To prevent and combat veld, forest and mountain fires
- Provides for institutions, methods and practices for achieving this purpose

6. Wattle Bark Industry Act, 1960 (Act No 23 0f 1960)
Provides for control of the wattle bark industry
Main mechanism of control is through
an agreement with the Minister of
DWAF

7. Why make changes? 1 Recognised need for changes:
Due to implementation experience since 1998 identifying the need for improvements on existing sections and creation of new sections
To support the restructuring process

8. Process followed: 1 Developed draft Bill (beginning 2003)
2 Internal consultation within DWAF
3 Bill sent to focus group of organised stakeholders
Comments worked into a revised Bill
Bill tabled in Cabinet and approved July 2003
However, subsequent changes were required which necessitated resubmission
Bill tabled again in Cabinet on 8 March 2005
8 Cabinet requested DWAF to meet with National Treasury to address the administrative mechanisms for the management of the Trust

9. Process followed:
9 DWAF met with Treasury 15 March where agreement was reached on the Trust provision of the Bill
10 Cabinet approved that the Bill be referred to the Portfolio Committee
11 Presented to Portfolio Committee (25 May & Aug 2005)
12 Presentation to Portfolio Committee in August included public hearings

10. Process followed :
Portfolio Committee recommended that the contents of the Bill be consulted with rural communities living around forests
Department has thus engaged in a consultation process to specifically target rural communities (Aug – Sept)

11. ORGANISED GROUPS CONSULTED
National Forests Advisory Council
Committee for Environmental Coordination
Provincial Conservation Agencies
SA National Parks Board
Wattle Bark Industry
National Treasury

12. ORGANISED GROUPS CONSULTED
Dept of Agriculture
Dept of Land Affairs
Dept of Environmental Affairs and Tourism
SA Timber Growers Association
KZN Fire Protection Associations
SA Forestry

13. ORGANISED GROUPS CONSULTED
SAFCOL
SA Agricultural Union
Lessees

14. RURAL COMMUNITY CONSULTATION
DWAF is in the process of consulting directly with rural communities by various means:
Participatory Management Forums
Community Liaison Structures
Fire Protection Associations
(Limpopo, Mpumalanga, KZN and Eastern Cape)

15. PROPOSED AMENDMENTS
Per legislation and section

16. THE NATIONAL FORESTS ACT, 1998
AMENDMENTS TO
THE NATIONAL FORESTS ACT, 1998
Section 7(1) of the NFA
• THE ACT
Prohibits the cutting, damaging, disturbing or destruction of any indigenous living tree in natural forests.
• AMENDMENT
Deletes “living”.
Reason:
1. Almost impossible to determine whether a log or plank originates from a dead or living tree.

17. Section 8(1) of the NFA
THE ACT
Gives the Minister power to declare a specially protected area as a nature reserve or wilderness area
AMENDMENT
Deletes the word “specially” in the term “specially protected areas”.
Reason:
The impression is created that “specially protected areas” is a different category of protected area, which it is not.
Eliminates confusion

18. Section 15(1)
THE ACT
The Minister must license certain acts in respect of protected trees, e.g. cutting, damaging, removing
AMENDMENT
The Minister’s powers are extended to make provision for exemptions from the requirement to obtain a license (e.g. communities may be exempted from getting a license to collect Morula fruit).
Reasons:
The purpose of the Act is to manage use and to encourage conservation of endangered trees. Certain activities should thus not have to be strictly regulated

19. Section 17(2)
THE ACT
The Minister has the power to declare controlled forest areas, but may only do this if the area already has a protection status.
AMENDMENT
Extends power of Minister to prevent deforestation of any natural forest and woodland, not only those in protected areas.
Reason:
The wording in the Act is incorrect. The amendment thus just corrects the wording in the principle Act.

20. Section 53(2)(j)
THE ACT
The Minister may make regulations in general to carry out the purposes and provisions of the Act
AMENDMENT
Extends the Minister’s power to make regulations on any matter which is necessary for the proper implementation of the Act
Reason:
Chief State Law Adviser advised that the current general provision not wide enough to enable the Minister to draft all the regulations needed for the implementation of the Act

21. Section 53
THE ACT
Provides for the content of regulations to be drafted by the Minister
THE AMENDMENT
Extends the regulating powers of the Minister.
Reason:
This amendment has been advised by the State Law Advisor to enable the Minister to regulate more fully all the provisions of the Act.

22. Section 53(2)(f)
THE ACT
Authorizes the Minister to make regulations for the management of State forests.
AMENDMENT
Two specific powers are added:
(1) Powers for the measuring/calculation of forest produce and forest products.
Reason:
Measuring and calculating of produce and products for disposal (e.g. sale) is a part of forest management.

23. (2) Regulation of access for recreation
Reason:
Provisions in section 20 that are intended to regulate access is not sufficient to manage access in State forests

24. Section 53(5)
THE ACT
Provides that the reference to specific regulation-making powers in this section does not limit the general regulation-making powers of the Minister.
AMENDMENT
Provides that the generality of the powers conferred by this section is not limited by the provisions of the preceding paragraphs.
Reason:
Changed on advice from the State Law Advisor. Makes the meaning of the section clearer.

25. Section 62(2)(c)
THE ACT
Certain activities in respect of nationally protected trees are an offence if committed without a license.
AMENDMENT
Extends the offence to temporarily protected trees as well.
Reason:
The Minister has the power to temporarily protect certain trees until an investigation has been completed as to permanent protection. Cutting or damaging such a tree without a licence will be an offence.

26. Section 63(2)(a)
THE ACT
Anyone who without a license cuts, disturbs, damages, destroys, removes or receives seven-week ferns is guilty of a first category offence.
AMENDMENT
Extends the protection to all forest produce in a State forest and is made a lesser offence. (third category)
Reason:
The use of all forest produce in State forests is regulated by the Act and should thus be reflected as an offence if committed without a licence.

27. NATIONAL VELD AND FOREST FIRE ACT, 1998
Sections 9(4)(d)(ii)
THE ACT
The highest fire danger rating is “high”.
AMENDMENT
Makes provision for a fire danger rating of “extreme”.
Reason:
A fire danger rating system has been developed for the country and the highest rating is defined as “extreme”. Therefore the Act must reflect this.

28. Section 10(1)(b)
THE ACT
Requires the Minister to broadcast a fire danger rating of “high” through – three television stations, three radio stations and two different newspapers
AMENDMENT
Includes the wording “where possible”
Reason:
Country is divided into separate fire danger rating regions. In some regions there are not that many radio stations or newspapers.

29. THE WATTLE BARK INDUSTRY ACT, 1960
Section 2
THE ACT
The Minister may request an association of wattle bark growers to enter into an agreement with manufacturers on any matter affecting the wattle bark industry. This agreement is gazetted and then becomes binding on all growers and manufactures.
AMENDMENT
Repeals this provision
Reason:
The Competition Commission advised that this provision is outdated and against competition rules.

30. TRUST PROVISION
An additional proposed amendment to the National Forests Act is a provision that will enable the Minister to establish a TRUST
This proposal is an amendment to s27 of the NFA
The reasoning for this proposed Trust follows:

31. CREATION OF A LEASE RENTAL TRUST
CURRENT STATUS
Singisi and Siyaqhubeka leases signed in 2001
Amathole and Mountain to Ocean (MTO) signed in March 2005
Lease rentals due to rightful owners of the land
Land claimant communities or tenure
reform beneficiaries

32. LEASE RENTAL TRUST INTENTION OF TRUST
To invest rentals received from lessees for the rightful owners
Will be paid to beneficiaries with interest accrued once the land claims are finalized and rightful beneficiaries identified

33. IDENTIFICATION OF LAND OWNERS
DLA Regional Land Reform offices
DWAF assisted the DLA offices to
identify adjacent communities with
land rights in all areas affected
DLA has to finalize the process according
to their Communal Land Rights Act
DWAF and DLA to assist
communities to form legal entities to
receive rentals

34. IDENTIFICATION OF LAND OWNERS CONTINUED
Regional Land Claims Commission
Through DFID funding DWAF assisted
the following commissions to fast track research on land claims: Mpumalanga, Limpopo & Eastern Cape
Since then no land claim has been settled
on the affected areas
Some are gazetted but no finalization

35. IDENTIFICATION OF LAND OWNERS CONTINUED
The rental collected causing a management headache for DWAF
Poor communities waiting for their monies
A danger to the continuation of the leases

36. ESTABLISHMENT OF TRUST
The trust will be established to
manage the lease rentals until land owners are identified and confirmed
by DLA
Invest these monies on behalf of affected communities

37. ESTABLISHMENT OF TRUST CONTINUED
Assist communities to form legal entities e.g. Trusts, CPA’s
Pay over the monies to communities
Assist them in managing their monies

38. ESTABLISHMENT OF TRUST CONTINUED
Trust will be managed separately from the normal financial systems of the Department
Has been agreed with DLA and Treasury

39. FORESTRY AMENDMENT BILL 2005
CONCLUSION:
The main purpose of the Bill is to clean up a suite of legislation within the administrative competence of the Department, instead of introducing a separate amendment bill for each separate piece of legislation.

40. FORESTRY AMENDMENT BILL 2005
CONCLUSION:
Most of the amendments are minor and of an editorial nature
Where the amendments are of substance, the proposed changes and introductions are in line with the spirit of the principle Acts, i.e. promoting greater participation in forestry