241(l)(b) of the National Assembly and Rule186(l)(a)of the National Council of Provinces.
The draft bill will be -tabled in Parliament in August 2003 for consideration. Written comments and inputs are invited from interested and affected parties and public.
Fax:(021) 403 2604 2.
The National Environmental Management Second Amendment Bill contains amendments to chapter 5 of the National Environmental Management Act (Act 107 of 1998) (NEMA), on integrated environmental management.
The Bill seeks toamendNEMAtoenable the system of environmentalimpact assessments and related management tools to be regulated in terms of NEMA, rather than under the Environment Conservation Act (Act 73 of 1989). In doing so the Bill introduces certain improvementsto the system of environmental impact management.
Cabinet on 16 April 2003 and published for comment on 22 April 2003. The closing date approximately 40 institutions and individuals. Amendments have been made to the Bill to streamline and simplify certain provisions. No substantive policy changes have been made to the Bill previously approved by Cabinet.
referred to in chapter 5 of the Act.
"evaluation", "environmental assessment practitioner", 'review" and "specified activity".
Section 24(1) stipulates that the potential impact on the environment of listed activities must be considered, assessed and reported on to the competent authority.
geographical areas, whichwillalso be subject to environmental impact assessments.
An additional clause addedto the Bill empowers the Minister and relevantMEC to identify areas in which specified activities may be excluded from authorization.
Section 24(4) grants the Minister and relevant MEC the power to make regulations in a number of instances. This sectionnow also provides for the Minister and relevantMEC to make regulations regarding review mechanisms and procedures.
Section 24D requires that lists of activities and/or areas should be published as well asthe date on whichthelistcomesintoeffect. Section 24E provides for minimumcontent of environmental authorizations and was amended to also provide for the transfer of rights and obligations when a change of ownership occurs.
Section 24F establishes offences and fines for contraventions of this bill. The undertaking of any listed or specified activii without an environmental authorizationor in contravention ofanauthorisation, constiutes an offence, unless it is, intheopinion of theMinister, undertaken in response to an emergency. The calculation of fines was amended to a fixed monetary value(R 5 000 000in section 24F(4)).
Sections 24H and 241 provide for the possibilityof approving environmental authorizations ex post facto. A substantial fine, the calculationof which was replaced by fixed monetary values (R500 000 in the case of a contravention of the Environment Conservation Act, 1989 and R 1 million in the case of a contravention of this Act) will, however, be payable and should act as deterrent. The amended section 245 grants the Minister and relevant MECthe power to appoint external specialist reviewers in certain instances.
As national and provincial departments currently administer the system of environmental impact assessments, it is not anticipated that the Bill will increase the financial resources required for administering Elk.
Amendment of section1of Act 107 of 1998 1.
the insertion after the definition of "specific environmental management Act" of the following definition: " 'Specifiedactivity' whenused in Chapter 5 means an activity as specified . within a listed geographical area in terms of section 24(2)(b) and (c);~'.
Amendment of section 24 of Act 107 of 1998 2.
In order to give effect to the general objectives of integrated environmental management laid down in this Chapter, the potential impact on the environment of listed activities must be considered, investigated, assessed and reported on to the competent authority charged by this Act with granting the relevant environmental authorisation.
Providedthat authorisation for an activity that falls under the jurisdiction of another Minister or MEC, a decision in respect of paragraph (a) to (d) must be taken after consultation with such other Minister or MEC.
The Minister, and every MEC with the concurrence of the Minister, may prepare compilations of information and maps that specify the attributes of the environment in particular geographical areas, including the sensitivity, extent, interrelationship and significance of such attributes which must be taken into account by every competent authority.
investigation and formulation of arrangements for the.
that the findings and recommendations flowing from such investigation, and the general objectives of integrated environmental management laid down in this Act and the principles of environmental management set out in section 2 are taken into account in any decision made by an organ of state in relation to the proposed policy, programme, plan or project; and that environmental attributes identified in the compilation of information and maps as contemplated in subsection (2A) are considered.
@ laying down the procedure to be followed in applying for, the.
any other matter necessary for dealing with making and evaluating applications for environmental authorisations.
An MEC maymake regulations in termsof section 24(4) only in respect of listed activities or areas in respect of which the MEC or the provincial department responsible for environmental affairs is the competent authority.
Compliance with the procedure laid down by the Minister or an MEC in termsof subsection (4) does not removetheneed to obtainan authorisation other than an environmental authorisation, for that activity from any organ of state charged by law with authorising, permitting or otherwise allowing the implementation of the activity.
Authorisations or permits obtained under any other legislation for an activity listed or specified in terms of this Act does not absolve the applicant from obtaining authorisation under this Act and any such other authorisations or permitsmay only be considered by the competent authority if it is in compliance with section 24(3)(d).
@ the activity will affect compliance with obligations resting on the Republic under customary or conventional international law.
The following sections are.
inviting interested parties to submit written comments on the proposed listing within a reasonable period.
The Minister may delist an activityor area made by the Minister in terms of subsection 24(2).
The MEC may, with the concurrence of the Minister, delist an activity or area made by the MEC in terms of sub-section 24(2).
The Minister 01 MEc mustcomply with section 244 read with the changes required by the context, before delisting an activity or area in terms of this section.
When listing activities in terms of section 24(2) the Minister, or the MEC with the concurrence of the Minister, must identify the competent authority responsible for granting environmental authorisations in respect of those activities.
will take place within a national proclaimed protected area or other conservation area under control of a national authority.
in respect of which the MEC is identified as the competent authority may be dealt with by the Minister.
24D Publication of list The Minister or MEC must publish in the relevant Gazette a notice listing activities and areas identified in terms' of subsection 24(2) and listing the competent authorities identified in terms of subsection 24C and the date on which the list would come into effect.
that the property, site or area is specified and that provision is made for the transfer of rights and obligations when a change of ownership thereof occurs.
Notwithstanding the provisions of any other Act, no person may commence an activity listed in terms of section 24(2)(a),(b) and (c) unlessthecompetent authority has granted an environmental authorisation for the activity, and no person may continue an existing activity listed in terms of section 24(2)(d) if an application for an environmental authorisation is refused.
in contravention of the environmental authorisation granted for the activity.
Sub-sections(1)and (2) do not apply if the activity was commenced or continued in response to an emergency, in the opinion of the Minister or MEC, involving the safety of humans or property or the protection of the environment.
A person convicted of an offence in terms of subsection (2) is liable to a fine or imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment. A fine imposed intermsof this section shall not exceed R5,000,000.
A person convicted of an offence in terms of subsection (2), and who after such conviction persists in the act or omission which constituted the offence, shall be guilty of a continuing offence and liable on conviction to a fine or to imprisonment for a period not exceeding 10 (ten) days for every day on which he or she so persists with such act or omission, or to both such fine and imprisonment.
Any association proposing to register its members as environmental assessment practitioners may apply to the Minister to be appointed as a registration authority in such manner as the Minister may determine.
a code of conduct regulating the ethical and professional conduct of members of the association; and any other prescribed requirements.
by notice in the Gazette, appoint the association as a registratiqn authority; or on notice to the association, refuse to appoint the association as a registration authority.
The Minister forgood cause and on notice to the association may terminate the appointmentof an association as a registration authority.
The Minister must maintainaregister of allassociationsappointed as registration authorities in terms of this section.
iv an environmental management plan; and vprovidesuch other information or undertake such further studies as the Ministeror MEC deem-necessary.
(2'J Upon the payment by the person of afinenotexceeding R1,000,000.
@ issue an environmental authorisation to such person subject to such conditions as the Minister orMEC may deem necessary.
24 I Activitiescommenced or continued in contravention of the Environment Conservation Act1989, (Act No.
(1)Notwithstanding any other powers they mayhave, the Minister or MEC may direct any person who has commenced or continued any listed activity in contravention of the ECA, or caused any listed activity to be commenced or continued in contravention of the ECA, to compile a report containing the information as described in section 24H(i)(a)(i-v).
@ Upon the payment by the person of a fine not exceeding R500,0o0.
direct such person to cease the activity, either wholly or in part and rehabilitate the environment subject to such conditions as the Minister or MECmay deem necessary;or issue an environmentalauthorisation to such person subject to such conditions as the Minister orMEC may deem necessary.
Activities that remain in contravention of the ECA 6 months after the promulgation of this amendment Act, may be declared illegal by notice in the Gazette by the Minister and must be dealt with as offences in terms of section 24F(2).
any directive issued in terms of chapter 5 of this Act.
An appeal under subsections (1) to (3) must be noted and must be dealt with in the manner prescribed and upon paymentof a prescribed fee.
The Minister or MEC, as the case may be, may, either consider and decide an appeal or appoint an appeal panel to consider and advise the Minister or MEC on the appeal.
The Minister or MEC may, after considering such an appeal, confirm, set aside or vary the decision, provision, condition or directive or make any other appropriate order, including an order that the prescribed fee paid by the appellant, or any ph thereof, be refunded.
Amendment of section 47 of Act 107 of 1998 6.
the validity of anything done in terms of the regulation before it lapsed; or arightorprivilegeacquired or an obligation or liability incurred before it lapsed.
Amendment of section 50 of Act 107of 1998 7.
"(3) Any application made in terms of sections 21 or 22 of the Environment Conservation Act, 1989 (Act 73'of 1989) that has commenced but not been finalised when those sections are repealed, shall be finalised as if those sections had not been repealed."
In order to ensure that the transition between the legal requirements of sections 21,22 and 26 of the Environment Conservation Act, 1989 (Act 73 of 1989) and the requirements of this Act is efficient, the Minister may through notice in the Gazette list activities included in government notice R1182 of 5 September 1997 that will remain valid from a date to be published by the Minister in the Gazette until such time as a MEC promulgates a list of activities for that province.
Substitution of Schedule 3 to Act 107of 1998 8.
Section 151(I)and (j)Act No.
This Act is calledtheNationalEnvironmentalManagementSecondAmendment Act, 2003, and takes effect on a date determined by thePresident by proclamation.