DRAFT NOTICE PROHIBITING CERTAIN ACTIVITIES INVOLVING AFRICAN LIONS

Title: Publishing of Draft Notice Prohibiting Certain Activities involving African Lion (Panthera Leo) for Public Comment

Gazette reference: GN 3926 n GG 49383 on 29 September 2023

Deadline for submitting comments: 29 October 2023

On 29 September 2023, the Minister for Forestry, Fisheries and the Environment, in terms of section 9A read with sections 99 and 100 of the National Environmental Management: Biodiversity Act, 2004, announced her intention to prohibit the establishment or registration of new captive breeding facilities, commercial exhibition facilities, rehabilitation facilities or sanctuaries in respect of live specimens of African lion and the keeping of live specimens of African lion in any other new controlled environment. The main purpose appears to be to prohibit the establishment of new captive lion breeding facilities for lions and to provide that new sanctuaries, commercial exhibition facilities or rehabilitation facilities for lions may not be established unless they “provide a public function” or are operated on a non-profit basis.

Members of the public are invited to submit written comments by 29 October 2023 by email to lionprohibition@dffe.gov.za.

DRAFT POLICY POSITION ON THE CONSERVATION AND SUSTAINABLE USE OF ELEPHANT, LION, LEOPARD AND RHINOCEROS: COMMENTS INVITED ON THE DRAFT

Title: Draft Policy Position on the Conservation and Sustainable Use of Elephant, Lion, Leopard and Rhinoceros: Comments invited on the Draft

Gazette reference: GN 3887 in GG 49319 on 19 September 2023

Deadline for submitting comments: 19 October 2023

On 19 September 2023, the Minister of Forestry, Fisheries and the Environment, published the draft Policy Position on the Conservation and Sustainable Use of Elephant, Lion, Leopard and Rhinoceros (the “Draft ELLR Policy”) for public comment. Some commentators on the first draft of the ELLLR Policy pointed out that an overarching policy on all species should be adopted first. Consequently the ELLR Policy development process was suspended until that had been done.

Policy development process was suspended until that had been done.

The draft ELLR Policy is informed by:

(c) the White Paper on Conservation and Sustainable Use of South Africa’s Biodiversity which was published for implementation on 14 June 2023;

(d) the report of the High Level Panel (HLP) on Elephant, Lion, Leopard and Rhinoceros;

(e) the recommendations of the Committee of Inquiry that was appointed to advise on the possibility of proposing legal interventions on international trade in rhino horn to the 17th Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); and

(f) the Colloquium report on captive lion breeding for hunting.

REVIEW OF THE NATIONAL WATER RESOURCES STRATEGY

Title: National Water Act 36 of 1998: Review of the National Water Resources Strategy

Gazette reference: GN 3855 in GG 49225 on 1 September 2023

Commencement date: 1 September 2023

On 1 September 2023, the Minister of Water and Sanitation, in terms of section 5(4)(b) of the National Water Act (NWA), published the revised National Water Resource Strategy, 3rd edition.

The revised National Water Resource Strategy, 3rd edition, consists of the following Chapters:

– Introduction

– Strategic Imperatives

– Context

– Reducing Water Demand

– Increasing Water Supply

– Redistributing Water for Transformation

– Managing Effective Water and Sanitation Services

– Regulating the Water and Sanitation Sector

– Managing Water and Sanitation Under a Changing Climate

– Promoting International Cooperation

– Improving Water Quality

– Protecting Aquatic Ecosystems and Maintaining Restoring Ecological Infrastructure

– Creating Effective Water Sector Institutions

– Collecting Data and Analysing and Managing Information and Effective Monitoring

– Evaluation and Reporting

– Building Capacity for Action

– Ensuring Financial Stability

– Enhancing and Enabling Deployment of Research, Development and Innovation

– Addressing Legislative and Policy Gaps

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO THE FINANCIAL PROVISIONING REGULATIONS

Title: National Environmental Management Act, Act 107 of 1998: Amendment to the Transitional Arrangements in the Financial Provisioning Regulation, 2015

Gazette reference: GN 3841 in GG 49220 on 1 September 2023.

Commencement date: 1 September 2023

The Minister of Forestry, Fisheries and the Environment extended, by 5 months, the date of compliance for holders of rights and permits obtained under the Mineral and Petroleum Resources Development Act, 28 of 2002 (“MRPDA”).

The Regulations pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations (GNR.1147 of 20 November 2015, as amended) made under the National Environmental Management Act (“the Financial Provisioning Regulations, 2015”) contain transitional provisions that specify when these regulations must be complied with. Regulation 17A deals with when holders of offshore oil and gas exploration or production rights must comply with those Regulations, and regulation 17B deals with compliance by holders of other rights under the MPRDA (e.g. holders of prospecting or mining rights). The Minister has again extended the deadline by which such rights holders must comply with the Financial Provisioning Regulations, 2015 by amending Regulation 17B to read:

“Unless regulation 17A applies, a holder, or holder of a right or permit who applied for such right or permit prior to 20 November 2015, regardless of when the right or permit was obtained –

(a) must by no later than 19 February 2024 comply with these Regulations; and

(b) shall, until 18 February 2024, be regarded as having complied with the provisions of these Regulations, if such holder has complied with the provisions and arrangements regarding financial provisioning, approved as part of the right or permit issued in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).”