ENVIRONMENTAL MANAGEMENT AMENDMENT BILL
S N SWART, MP
11 NOVEMBER, 2002


Madame Speaker, this amendment has arisen as a result of the court challenge to the regulations governing access by 4 x 4 vehicles, and seeks to amend the principal Act so as to provide expressly for measures to prohibit, restrict or control activities which are likely to have a detrimental effect on the environment.

Provision has been made for the bill to take effect retrospect tively from the date when the principal Act took effect, so as to save having to re-enact any such measures taken before the amendment. A retrospective amendment containing offences would normally be in breach of section 35 (3)(l), which constitutionally enshrines the legal doctrine nullum crimen sine lege ( that a person cannot be convicted for a crime that was not an offence at the time the crime was committed), and consequently, a proviso has been added that the retrospective application of the Act is made subject to section 35(3)(l) to meet this requirement.

The advent of the 4 wheel drive vehicle has opened up remote and fragile areas, previously inaccessible. It is imperative that the fragile coastal zone, with its rare plants, animals, birds and intertidal marine life is protected.

The Bill endorses the status quo and brings legal clarity and consequently will be supported by the ACDP.

I thank you.


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For further comment please call Steve Swart MP at 083 2856290 or ACDP Media Liaison Wesley Douglas at 072 461 3719.