BILL

To provide for the application in the Republic of the Convention on Wetlands of International Importance especially as Waterfowl Habitat; the prohibition of prospecting or mining in listed wetlands; the prohibition of detrimental activities in wetlands and listed wetlands; and the prohibition of activities detrimental to catchment areas; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa as follows: -

Definitions

In this Act, unless the context otherwise indicates -

1. "Convention" means the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971, amended by the Paris Protocol of 3 December 1982 and the Conference of Parties on 28 May 1987 and set out in Schedule 1; (v)

2. "Department" means the Department of Environmental Affairs and Tourism; (i)

3. "Director-General" means the Director-General: Environmental Affairs and Tourism; (ii)

4. "listed wetland" means a wetland designated under Article 2 of the Convention and described in Schedule 2; (iii)

5. "Minister" means the Minister of Environmental Affairs and Tourism; (vi)

6. "prescribe" means prescribe by regulation; (ix)

7. "regulation" means a regulation made under this Act; (vii)

8. "this Act" includes the regulations; (iv)

9. "wetland" means a wetland as defined in Article 1.1 of the Convention and set out in Schedule 3. (viii)

Application of Convention

The Convention is hereby ratified, shall be binding on the Republic, shall form part of the law of the Republic and shall, subject to the provisions of this Act, apply in the Republic.

Amendment of Convention

1. The President may -
   1. on behalf of the Republic ratify or cause to be ratified any amendment of the Convention which may from time to time be made in terms of Article 10bis of the Convention; and

   2. by proclamation in the Gazette amendment Schedule 1 so as to give effect to any amendment so ratified.

2. A proclamation in terms of subsection (1)(b) may be made with retrospective effect as from the date on which the amendment was ratified under subsection (1)(a).

3. At the commencement of a proclamation in terms of subsection (1) of (2), the amendment shall have the force of law and apply in the Republic.

4. The Minister shall lay a copy of every proclamation issued under subsection (1) upon the Tables of the Houses of Parliament within 14 days after publication thereof in the Gazette, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after its next ensuing session.

Amendments in respect of listed wetlands

The Minister may by notice in the Gazette amend Schedule 2 so as to give effect to any extension or restriction of the boundaries of listed wetlands, or any addition to or deletion from, the list of wetlands.

Designation of wetlands

The Minister may by notice in the Gazette designate an area as a wetland under a name to be assigned to it in that notice, and amend Schedule 3 by the addition of the name and a description of the area so designated as a wetland.

Prohibition of prospecting or mining in listed wetlands

Notwithstanding the provisions of any other law or any right acquired under or in terms of such law, no prospecting or mining shall take place in any listed wetland.

Prohibition of detrimental activities in wetlands and listed wetlands

1. The Minister may by notice in the Gazette prohibit any activity in any wetland or listed wetland which in his or her opinion is likely to affect adversely the ecological character of such wetland or listed wetland

2. The Minister may on written application, and subject to such conditions as he or she may deem expedient, grant permission that any activity referred to in subsection (1) may be carried on in the wetland or listed wetland concerned.

3. If any condition imposed in terms of subsection (2) is not being complied with, the Minister may withdraw such permission by at least 30 days' written notice to the person concerned.

4. A person who carries on any activity referred to ain subsection (1) after permission to carry on such activity has been withdrawn under subsection (3) shall be guilty of an offence and liable on conviction to imprisonment not exceeding five years.

Prohibition of activities detrimental to catchment areas

1. The Minister may by notice in the Gazette designate any activity in any catchment area which in his or her opinion may have a detrimental effect on any wetland or listed wetland.

2. No person shall undertake an activity referred to in subsection (1) in a catchment area so designated, except with the written authority of the Minister.

3. An authority under subsection (2) may be granted subject to such conditions as the Minister may in his or her discretion impose.

4. Any authority granted by the Minister under subsection (2) and any conditions imposed by him or her under subsection (3) shall be granted or imposed by him or her only after due consideration of reports concerning the impact of the activity concerned and other activities on the wetland or listed wetland which were compiled and submitted in such manner and by such persons as may be prescribed.

5. If any condition imposed in terms of subsection (3) is not being complied with, the Minister may withdraw the authorisation in respect of which such condition was imposed by 30 days' written notice to the person concerned.

6. Any person who carries on any activity referred to in subsection (1) after the authority to undertake such activity has been withdrawn under subsection 5 shall be guilty of an offence and liable on conviction to imprisonment not exceeding five years.

Administration of Act

1. This Act shall be administered by the Director-General in accordance with the instructions and directions and under the control of the Minister.

2. The Director-General shall as soon as practicable after 30 September in each year submit to Parliament a report on his or her activities with regard to the conservation of wetlands during the preceding year.

Delegation of powers

1. The Minister may on such conditions as he or she may deem fit delegate to an officer of the Department any power conferred on him or her by this Act, excluding the power to make regulations.

2. The Minister may at any time revoke any delegation under subsection (1), and no delegation of any power shall prevent the exercise of that power by the Minister himself or herself.

Offences and penalties

Any person wh contravenes -

1. a provision of section 6; or

2. provision of section 7(1) or 8(2),

shall be guilty of an offence and liable on conviction -

1. in the case of an offence referred to in paragraph (a), to imprisonment not exceeding five years;

2. in the case of an offence referred to in paragraph (b), to imprisonment not exceeding five years.

Regulations

1. The Minister may make regulations -
   1. to give effect to any provision of the Convention as applicable in the Republic;

   2. providing for the recovery of any expenditure incurred in connection with the application of the Convention;

   3. regarding any matter the regulation of which, in the opinion of the Minister, may be necessary or desirable in order to achieve or promote the conservation of wetlands and listed wetlands.

2. Any regulation made under subsection (1) may provide that any person contravening a provision of such regulation or failing to comply therewith, shall be guilty of an offence and liable on conviction to imprisonment not exceeding five years.

Short title

This Act shall be called the Wetlands Conservation Act, 1995.

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	If you have any comments on this page, or need more information, please contact John Dini at nat_jd@ozone.pwv.gov.za.
	This page is maintained by the South African Wetlands Conservation Programme and was last updated on 12 January 1999.

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