Local Government, Environmental Affairs and Development Planning
Whether his Department can provide a timeline for making available the Draft Western Cape Biodiversity Bill to the Western Cape Provincial Parliament; if not why not; if so, what are the relevant details?
The Western Cape is endowed with world-renowned biodiversity and natural resources. Together with this unparalleled endowment comes international responsibilities, the need to ensure long-term ecological resilience as well as significant opportunities for our people and the biodiversity economy. Taking this into consideration, there is an imperative to modernise, rationalise and strengthen legislation governing biodiversity and ecological infrastructure in the Province. The Draft Western Cape Biodiversity Bill thus provides for the framework and institutions for nature conservation and the protection, management and sustainable use of biodiversity and ecosystems in the Province.
The Department of Environmental Affairs and Development Planning (DEA&DP), in collaboration with its public entity, CapeNature (CN) is currently in the process of completing the Draft Western Cape Biodiversity Bill for hand over to the State Law Advisor during July 2018. After the technical review, Cabinet must approve the publication of the Draft Bill for public comment. Thereafter the Draft Bill will be published in all three Provincial languages. After amendments pursuant to the commenting process have been made to the Draft Bill and its subsequent certification by the Department of the Premier’s Legal Services, and approval by Cabinet, it will be introduced to Provincial Parliament during February 2019. The aim is for the Premier to assent to the Bill before the end of this term of this Western Cape Parliament, around mid 2019.
Background (process to date):
In April 2014, the Provincial Cabinet gave approval to amalgamate the Western Cape Nature Conservation Board Amendment Bill, 2012 and the Draft Western Cape Environment Conservation Bill, 2013 into one consolidated Bill.
The Department of Environmental Affairs and Development Planning (DEA&DP) recognised the need to move beyond amalgamation and to allow for modernisation, alignment and innovation in a framework bill. The first draft of the amalgamated Bill was produced in March 2015. This was after identifying a need to respond to the strategic framework of the Provincial Biodiversity Strategy and Action Plan (PBSAP) and to incorporate the Biosphere Reserves Act, 2011 and its proposed amendments.
