12 December
2006 - Department of Environmental Affairs and
Tourism - TUESDAY, 12 December 2006: Ms Pamela
Yako, Director – General of the Department of
Environmental Affairs and Tourism today held a
media briefing at the Sandton Convention Centre
on several aspects of the department’s law reform
process.
Programme of Presentations
The briefing focused on the Waste Management Bill
and Biodiversity Act Regulations viz Threatened
or Protected Species Regulations.
The legislations and regulations
were approved by the cabinet on Wednesday, 06
December and Thursday, 07 December 2006 by Cabinet
and the Minister of Environmental Affairs and
Tourism with his provincial counterparts respectively.
DG Presentation
THREATENED OR PROTECTED SPECIES
REGULATIONS –The key objectives of the Threatened
or Protected Species regulations (TOPS) are:
Establishment of a permit system
for nationally listed threatened or protected
species
Appointment of issuing authorities and consideration
and decision of applications by issuing authorities.
Set out permits and permit conditions including
circumstances in which permit application must
be refused and cancellation of renewal of permits.
Registration of captive breeding operations, nurseries,
scientific institutions, sanctuaries and rehabilitation
facilities.
New registrations, authority responsible for registration,
amendment and cancellation of registration certificate.
Implementation of CITES including Management and
Scientific Authorities.
The regulations have been submitted to the State
law Advisor for consideration and the aim is to
promulgate in March / April 2007.
TOPS Presentation
For explanatory note click here
DRAFT REGULATIONS ON BIO – PROSPECTING,
ACCESS AND BENEFIT SHARING
Over the years, there has not been a national
legislation to regulate Bio-prospecting on indigenous
biological resources in South Africa. The absence
of such legislation has resulted in loss of rewards
and benefits to local communities and loss of
indigenous biological resources. The draft bio
- prospecting regulations intend to provide a
national framework for collaborating between users
and providers of indigenous biological resources,
while recognizing the traditional knowledge associated
with bio – prospecting. The Minister of Environmental
Affairs and Tourism will publish the draft regulations
for comment in January 2007, for a period of two
months.
For explanatory note click here.
Draft regulations on bio-prospecting, access and
benefit sharing
DRAFT NATIONAL ENVIRONMENTAL
MANAGEMENT: WASTE MANAGEMENT BILL Presentation
“The Waste Management Bill aims to reform law
regulating waste management in order to protect
the health and the environment by providing reasonable
measures for the prevention of pollution and ecological
degradation,” said Ms Yako. Cabinet has approved
publication for comment on 06 December 2006. The
Bill will be gazetted for public comment over
a period of 90 days.
For explanatory note click here.
Draft waste management bill
Mr Blessing Manale, (Acting Chief Director: Communications)
Regulation Of Scuba Diving In
Marine Protected Areas
Department of Environmental Affairs and Tourism
- MONDAY,11 December 2006: The Department of Environmental
Affairs and Tourism will in future require recreational
scuba divers to obtain a permit for recreational
scuba diving in four of its Marine Protected Areas
(MPAs), namely Table Mountain National Park, Bird
Island, Pondoland and Aliwal Shoal as exemptions
for recreational scuba diving in these MPAs expire
on 31 December 2006.
Declaration of the above four
Marine Protected Areas as promulgated under Section
43 of the Marine Living Resources Act, Act 18
of 1998, Government Gazette No.’s 26430, 26431,
26432, 26433 published on 4 June 2004 state that:
“…no person may SCUBA dive or attempt to SCUBA
dive in the Marine Protected Area except on the
authority of a SCUBA diving permit” and that “...no
person may operate or attempt to operate a SCUBA
diving business in the Marine Protected Area except
on the authority of a SCUBA diving business permit”.
Scuba diver businesses have
been exempted from requiring a permit to operate
within these MPA’s from 01 January 2007 until
31 December 2007 (or until an operator permit
system is in place) and all affected scuba diving
business operators therefore need to obtain an
exemption from the Department of Environmental
Affairs and Tourism: Marine and Coastal Management
by applying via email or post to the address below.
Operators must keep their exemption with them
(or a certified copy) and a list of the names
of all clients with them on each dive for possible
inspection (on the boat, or, if shore diving,
in their car).
Conditions applicable to scuba
diving in the MPAs listed above will be available
on the departmental website www.deat.gov.za or
www.mcm-deat.gov.za , at MCM’s offices situated
at 7th floor, Foretrust Building, Martin Hammerschlag
Way, Cape Town, and available at certain Post
Offices. Following consultation with scuba-diving
representatives, the diving conditions within
the MPAs have been relaxed to allow night diving
in three of the MPAs under certain conditions
(excluding Bird Island where scuba diving is restricted
to between 08:00 and 16:00 daily). Diver propulsion
vehicles and “shark sticks” may be used. For a
full list of conditions, see the DEAT website.
The conditions will apply from date of purchase
to divers purchasing a recreational permit between
11 and 31 December 2006, apart from those relating
to night diving which will only come into effect
from 1 January 2007.
Recreational scuba divers can
obtain the required permit from Post Offices for
an annual fee of R75 and a R45 monthly fee. The
permits are already available at Post Offices
although it will only be required from 1 January
2007 to divers who currently have an individual
exemption issued by MCM which is valid to 31 December
2006. The R75 permits will be valid for one year.
Divers must keep their permit (or a certified
copy of it) with them on each dive for possible
inspection (on a boat, or, if shore diving, in
their car).
