On Friday 18 February 2005, the Minister of Environmental Affairs and Tourism published a draft list of threatened and protected species in terms of section 56(1) of the National Environmental Management: Biodiversity Act, 10 of 2004. The list of threatened or protected species will have far reaching consequences for a wide range of people, and as such, all interested and affected parties should take the opportunity to comment on this draft list, prior to its finalisation. The closing date for public comment is 22 March 2005.

Chapter 4 of the Biodiversity Act regulates such threatened or protected species, by requiring that a permit be issued prior to the carrying out of a “restricted activity”. The Biodiversity Act very broadly defines a “restricted activity” in relation to a listed threatened or protected species as including (but not limited to) the hunting, catching, capturing, injuring with intent to hunt, collecting, damaging or destroying, keeping, moving, having in possession, importing, exporting and selling of a listed species.

Should you wish to obtain a copy of the draft list, please do not hesitate to contact us.

Genetically modified foods

In a case heard in the Pretoria High Court last week, the Department of Agriculture was ordered to reveal details of all GMO’s manufactured locally, or imported into the country. The decision was based on the constitutional right to access to information.

“Genetic engineering” describes the process used to permanently alter the genetic make up of certain life forms by introducing DNA from other life forms, to produce “Genetically Modified Organisms”. Environmental lobby group “Biowatch”, who are against the introduction and use of GMOs in South Africa, have in the past made various unsuccessful attempts to obtain information regarding GMOs in South Africa, from the various parties involved. Until now, Biowatch has been refused access to this information on the grounds that it is confidential and could be abused by competitors.

National Environmental Advisory Forum

In a progressive step by Government to engage a wide range of individuals representing a broad spectrum of civil society, business, labour and academia, in implementing environmental management and governance in South Africa, the Minister of Environmental Affairs and Tourism last week announced the establishment of the National Environmental Advisory Forum (NEAF). The NEAF aims to provide the Minister with strategic advice on issues of environmental management from the wide range of organisations represented, and particularly with reference to the application of the principles of the National Environmental Management Act (NEMA).

The Chairperson of the NEAF, is Ms. Khungeka Njobe of CSIR Water, Environment and Forestry Technology. The Deputy Chairperson is Dr. John Ledger (SADC Environmental Solutions). The other members of the NEAF are Mr. Max Sisulu (Sasol) and Mr. Andre Fourie (National Business Initiative) representing business. Representing the NGO sector are Mr. Malcolm Powell (WESSA), Mr. Bobby Peek (Ground Work), Mr. Tony Frost (World Wide Fund for Nature) and Mr. Ari Seirlis (Quadriplegic Association of South Africa). Mr. Thabo Madihlaba (EJNF) and Ms Josephine Makelefane (Nqobile Women's Development Organisation) will be representing the CBO sector. Mr. Bheki Ntshalintshali (Cosatu) will be representing labour whilst Ms Vuyiswa Tulelo (National Youth Commission) will be representing youth. In addition, the specialist skills of Dr Zarina Patel (University of Witwatersrand), Ms Mariam Mayet (African Centre for Biosafety) and Ms Angela Andrews (Legal Resources Centre) will also be represented on the forum.

Brought to you by:

The Environment, Mining, Energy and Natural Resources practice area at Bowman Gilfillan.

Bowman Gilfillan provides the Newsflash service to assist our clients to keep up to date and informed of changes to policy and the law in the environmental and mining fields.

This Newsflash is not intended to supplement or amend your environmental legal register. We have presented information regarding changes to policy and the law which may be of interest to you.

Contact Claire Tucker, head of the practice area for more information.

Tel: + 27 (11) 669-9402
Fax: + 27 (11) 669-9001
e-mail: c.tucker@bowman.co.za
or visit www.bowman.co.za