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THE PROVISION OF LAND AND ASSISTANCE AMENDMENT BILL, 2008

This bill proposes amendments to the provision of land and assistance through the establishment of a trading entity. It includes new definitions and regulations for the acquisition, management, disposal, and leasing of property.

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THE PROVISION OF LAND AND ASSISTANCE AMENDMENT BILL, 2008

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  1. THE PROVISION OF LAND AND ASSISTANCE AMENDMENT BILL, 2008

  2. BACKGROUND During the NCOP process, National Treasury proposed the establishment of a Trading Entity which the Department initially did not support. However, after further discussions with National Treasury, the Department agreed with their proposed amendments which the NCOP passed on 11 November 2008.

  3. AMENDMENTS • Clause 1 – New definitions • Clause 4 – Formatting of 10(b)(iv)(dd) • New Clause 10A – Trading entity

  4. NEW DEFINITIONS CLAUSE 1 • “agricultural enterprise” includes an enterprise engaged in activities pertaining to agricultural production and plantation, livestock production, agricultural services, hunting, trapping and game propagation, forestry and logging, aquaculture and fishing and any property utilised to carry on that enterprise;

  5. NEW DEFINITIONS CLAUSE 1 continued • “Department” means the National Department responsible for Land Affairs”; and • “enterprise” means an undertaking engaged in production or distribution of goods or services not for the sole purpose of own consumption.

  6. CLAUSE 4 [10(1)(b)(iv)(dd)] • Old clause “(dd) any other person or body recognised by the Minister for such purposes, which he or she considers suitable for the achievement of the objects of this Act, whether in general, in cases of a particular nature or in specificcases” The words starting from “which he or she considers … specific cases” must move down one line to qualify (aa); (bb); (cc) and(dd).

  7. CLAUSE 4 [10(1)(b)(iv)(dd)] contd • New clause “(dd)any other person or body recognised by the Minister for such purposes, which he or she considers suitable for the achievement of the objects of this Act, whether in general, in cases of a particular nature or in specific cases”

  8. NEW CLAUSE 10A – TRADING ENTITY • “10A (1) The Department must account for the acquisition, management, disposal and leasing of property and the provision of financial assistance in terms of this Act through a trading entity established and operating in accordance with the requirements of the Public Finance Management Act, 1999 (Act No. 1 of 1999).

  9. NEW CLAUSE 10A • (2) The trading entity referred to in terms of subsection (1), once established, must maintain separate and itemised financial accounts and accounting records in respect of each agricultural enterprise or separately administered portion of immovable property which it acquires, manages, disposes of, or leases.”.

  10. The End!

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