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REPORT ON BIODIVERSITY RESOURCES MANAGEMENT BILL, 2022
PRESENTED
BY
THE PORTFOLIO COMMITTEE ON NATURAL RESOURCES, TOURISM AND LAND CLUSTER
National Assembly Phone: +266 22323035 P. O. Box 190 Fax: + 266 22310434
Maseru 100
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- INTRODUCTION
The Biodiversity Resources Management Bill, 2022 was presented before the House by the Hon. Minister of Tourism, Environment and Culture on Tuesday, 29th March, 2022.
The Bill was referred for consideration to the Portfolio Committee on Natural Resources, Tourism and Land Cluster (Annex1) in terms of the National Assembly Standing Order No. 51(5).The Ministry responsible for the Bill was subsequently invited to provide the Committee with the policy context, financial implications, contents and effects of the Bill as per the National Assembly Standing Order No. 54 (2).
Following the presentation and referral of the above-mentioned Bill, the Minister and officials held a briefing session relating to the Bill for the Committee on Wednesday 18th May, 2022.
This report therefore, presents before the House, the findings of the Committee during deliberations on the Bill. - MINISTERIAL BRIEF It was explained that the main purpose of the Bill is to regulate conservation of biodiversity and the protection of rare and endangered resources in Lesotho and to establish structures and mechanisms for the nature conservation and biodiversity management. The Bill also provides for a coordinated management of biodiversity resources for the benefit of present and future generations.
The Bill will address protection and conservation of biodiversity in-situ and ex-situ in regard to their value and changing economy as well as identifying species whose existence is
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endangered by extinction and control the harvesting, removal or destruction of the endangered wildlife. It also provides for the prosecution of offences with relevant fines.
Lesotho is a party to Convention on Biological Diversity (CBD) which aims to achieve the following goals:
Conservation of biodiversity;
Sustainable use of biological resources; and
Fair and equitable sharing of benefits from genetic resources.
Lesotho is also a party of Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITIES); which aims at ensuring that international trade in specimens of wild animals and plants does not threaten the survival of species.
The Bill will also ensure that the following policies are being adhered to:
Plant protection; Seed; Environment; Energy; Water; Mining; Range management; and Science and Technology.
The Bill aligns itself with the National Strategic Development Plan II, National Biodiversity Strategy and Action Plan and Sustainable Development Goal 1, 2 and 15.
The department of environment will provide the role of a watchdog in ensuring compliance to set the procedures.
The following costs will be incurred during the implementation of the Bill:
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Staff emoluments and operations;
Sitting allowances for board members overseeing proper functioning of the structures and mechanisms established by this Bill;
Carrying out appropriate tests before the disposal of trophies, forfeited specimen, domestic animals and other articles; and
Raising awareness to the public about the bill.
Although revenue and the above-mentioned costs have not been budgeted for in the 2022/23 financial year; the Bill intends to assist in the future generation of the Ministry’s revenue. - CONSIDERATION OF THE BILL CLAUSE BY CLAUSE
- Under arrangement of sections heading, delete “Part VII” and substitute with “Part IX” 2. In Clause 2, interpretation of “access”, line 3, delete the word “ex-site” and substitute it with “ex-situ”. 3. In Clause 2,insert a new interpretation of “access permit” in its rightful order as follows: ““access permit” means an approval or authorization issued to any person to have access to the natural and cultural heritage resources found in a protected area;” 4. In Clause 2, insert a new interpretation of “aesthetic” in its rightful order as follows: ““aesthetic” means exceptional natural beauty;” 5. In Clause 2, insert a new interpretation of “archaeological” in its rightful order as follows:
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““archaeological” means of or relating to the scientific study of material remains (such as tools, pottery, jewellery, stone walls and monuments) of past life and activities” 6. In Clause 2, interpretation of “benefit sharing”, line 1, after the word “the”, insert the words “variety and” 7. In Clause 2, insert a new interpretation of “biosphere reserve” in its rightful order as follows: “Biosphere reserve” means an ecosystem with plants and animals or natural interest with the plan to promote management, research and education in ecosystem conservation and sustainable use of natural resources;” 8. In Clause 2, interpretation of “destroy”, line 2, before the word “negatively”, insert the word “and”. 9. In Clause 2, insert a new interpretation of “environmental clearance permit” in its rightful order as follows: “environmental clearance permit means approval, license or other authorization required under any Environmental Law for environmental impacts and their subsequent mitigation measures to be undertaken for any development;” 10. In Clause 2, insert a new interpretation of “geomorphological” in its rightful order as follows; ““Geomorphological” means of or relating to the form or surface features of the earth or another celestial body”. 11. In Clause 2, delete the interpretation of “habitat” and substitute with: “natural home or environment of an animal, plant other organism;” 12. In Clause 2, insert a new interpretation of “herbicides” in its rightful order as follows: ““herbicides” means chemical substances that are toxic to plants used to destroy unwanted vegetation;” 13. In Clause 2, interpretation of “impound”, line 1, after the word “to”, delete the word “cease” and substitute with the word “seize”.
5 - In Clause 2, delete the interpretation “alien invasive species” and substitute with the words “invasive alien species”. 15. In Clause 2, interpretation of “invasive alien species”, line 2, before the semicolon “;”, insert the words “and may cause economic and ecological harm” 16. In Clause 2, insert a new interpretation of “mixed site” in its rightful order as follows;
““mixed site” means sites that have both outstanding natural and cultural values” - In Clause 2, insert a new interpretation of “paleontological” in its rightful order as follows;
““paleontological” means of or relating to the forms of life existing in prehistoric or geologic times;” 18. In Clause 2, insert a new interpretation of “pesticides” in its rightful order as follows;
““pesticides” means chemical substances that are meant to kill pests;” 19. In Clause 2, interpretation of “protected area”, line 1, after the word “means”, insert the words “an area of land demarcated or defined by size, location and altitude;” 20. In Clause 2, insert a new interpretation of “transitional buffer zone” in its rightful order as follows: ““Transitional buffer zone means land between two distinct land uses or types used to lessen the impact of one land use type on another;” 21. In Clause 4, sub-clause (d), line 1, after the word “eradicate”, delete the words “alien and invasive species” and substitute with the words “invasive alien species”. 22. In Clause 4, sub-clause (d), line 2, after the word “categorised”, delete the word “a” and substitute with the words “as an alien”. - In Clause 4, sub-clause (d), line 2, after the word “species”, delete the words “as alien and invasive”.
6 - In Clause 5, sub-clause (6)(c), line 1, between the words “deface” and “any” delete the word “of”. 25. In Clause 5, sub-clause (6)(f),line 1, after the word “any”, insert the word “invasive”. 26. In Clause 10 sub-clause (2)(b)(ii)(ee), delete the words “an area is with Lesotho” and substitute with “a managed resource area within Lesotho”. 27. In Clause 14 sub-clause (1) (b) (iii), unbold the reference (iii) and “use of”. 28. In Clause 15 sub-clause (3), line 1, delete the reference (3) and substitute with (2). 29. In Clause 17 sub-clause (b), delete the word “license” and substitute with “a permit”. 30. In Clause 19 sub-clause (6), line 1, delete the references “3” and “4” and substitute with “4” and “5”. 31. In Clause 19 sub-clause (6), line 3, delete the word “two” and substitute with “ten”. 32. In Clause 20 sub-clause (3), line1, insert the words “and (2)” after the reference (1). 33. In Clause 23 sub-clause (2)(h), line 1, delete the word “many ” and substitute it with “money”. 34. In Clause 23 sub-clause (2)(h)(iii), line 1, delete the word “lawfullybe paid” and substitute it with “lawfully be paid”. 35. In Clause 24 sub-clause (e), line 2, delete the word “off” and substitute it with “of”. 36. In Clause 25 sub-clause (a), delete the words “regulation 23(3)” and substitute them with “subsection 23(4)”. 37. In Clause 31 sub-clause (3), line 2, after the word “agreement”, add the words “with the advice of the Director”. 38. In Clause 33 sub-clause (3), line 1, delete the words “Non-resignation” and substitute them with “Non-registration”. 39. In Clause 35 sub-clause (2), line 3, unbold the word “the”. 40. In Clause 35 sub-clause (4), line 3, unbold the word “is”. 41. In Clause 36, main heading, delete “PART VII” and substitute with “PART IX”.
7 - In Clause 36 sub-clause (2)(o)(iv), line 1, delete the word “ta” and substitute it with “the”.
- RECOMMENDATIONS After a thorough scrutiny of the Bill, the Committee recommends that the Bill be passed as amended (Annex2). 5. CONCLUSION Having considered the Bill, the Committee resolved to submit this Report to the House for adoption.
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MEMBERS OF THE COMMITTEE - Hon. K. Mathaba (Chairperson) 2. Hon. M. Moletsane 3. Hon. M. Tsatsanyane 4. Hon. P. S. Molefi 5. Hon. T. Kholumo 6. Hon. K. Mokhethi 7. Hon. S. S. Sekhamane 8. Hon. T. Tsolo 9. Hon. M. M. N. Moremoholo 10. Hon. T. Ramatla 11. Hon. K. Rants’o 12. Hon. N. Makoae 13. Hon. L. D. Kompi 14. Hon. S. Ntsekele 15. Hon. M. ‘Muso 16. Hon. M. Sello 17. Hon. M. ‘Molotsi 18. Hon. T. G. Manyooko 19. Hon. M. Mahapa 20. Hon. M. Ntlama 21. Hon. C. Phori 22. Hon. L. Hlalele