Section 24 provides for both the Minister andMECto identify activities or areas in which certainactivities maynotbeundertaken in the absenceofan environmental authorization.
This Bill will provide for the creation of certification authorities for environmental practitioners. This willensure that proper standardsare set and maintained by practitioners and would enhance the quality of reports submittedfor approval.
[ ]Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solidline indicate insertions in existing enactments.
BILL To amend the National Environmental Management Act, 1998, to further regulate environmental authorisations; to providefor the registrationof associations of environmental assessment practitioners; and to provide for incidental matters.
Amendment of section 1of Act 107of 1998 1.
(a)the insertion after the definition of "community"of the following definition: " 'competent authoritv' means.in respect of any listed activity, the organ of state charged by this Actwith evaluating the environmental imDact of that activity and, where appropriate.
cultural of listed activities [that require authorisation or permissionby law and which may significantly affect the environment,]must be considered, investigated, [and] assessed [prior to their implementation]and reported onto the competent authority [organ of statelcharged by [law] this Act with granting the relevant environmental authorisation [authorising, permitting, or otherwise allowing the implementationof an activity].
j1A) Listed activities and areas are activities and areas identified by the Minister or MEC in terms of subsection (2)(a) -(c).
[(e) prepare compilations of information and maps that specify the attributes of the environment in particular geographical areas, including thesensitivity, extent, interrelationship and significance of such attributes which must be taken into account by every organ of state charged by law with authorising, permitting or otherwise allowing the implementation of a new activity, or with considering, assessing and evaluating anexisting activity:] Provided that where authorisation for anactivity falls under the jurisdiction of another Minister, a decision in respect of paragraph (a)[or (b)] to (c) must be taken [in] after consultation with such other Minister.
12A The Minister. and every MEC with the concurrence of the Minister, may prepare compilationsof information and maps that specifv the attributes of the environment in particular geographical areas, including the sensitivity, extent, interrelationship and significance of such attributes which mustbe taken into account by every competent authority.
(3)[(a)] Procedures for the [The] investigation, assessment and communication of the potential impactof activities [contemplated in subsection(1) must take place in accordance with procedures complying with subsection (7)]must. as a minimum, ensure the following:.
management of impacts.
that environmental attributes identified in the compilation of information and maus as contemplated in subsection (2A) are considered.
[(b) EveryMinisterandMEC responsible for an organ of state that is charged by law with authorising, permitting, or otherwise allowing an activity contemplated paragraph (a).
[(c) Any regulations made in terms of this subsection or any other law that contemplates the assessmentof the potential environmental impactof activities must, notwithstanding any other law, comply with subsection(7).
[(d) This section does not affect the validity of any law contemplated in paragraph (c) that is in force at the commencement of this Act, including the provisions and regulations referred toin section 50 (2): Provided that paragraph(a) must nevertheless be compliedwith.
give effect totheamendments specified by the Committee, and thereafter follow the procedure prescribed insection 47.
charged by law with authorising, permitting or otherwise allowing the implementationof the activity.
an activity contemplated in subsection (1) is not dealt with in regulations made under subsection(3).
that environmental attributes identified in the compilation of information and maps as contemplatedin subsection (2) (e) are considered.
Insertion of sections 24A to 241 in Act 107 of 1998 3.
Before listing any activitv or area in termsof section 24(2).
(2.) The MEC may, with the concurrence of the Minister, delist an activity or area madebv the MEC in terms of sub-section24(2).
J3 The Minister or MEC mustcomply with section 24A read with the changes required bv the context, before delisting an activity or area in terms of this section.
l) When listing activities in terms of section 24(2) the Minister, or the MEC with the concurrence of the Minister, must identifv the comDetent authority responsible for manting environmental authorisations in respect of those activities.
IC will affect more than one urovince or traverse international boundaries: or fd is undertaken, or is to be undertaken, by -..
ll a urovincial demrtment responsible €or environmental affairs: or @ a statutory body uerforming an exclusive competence of the national sphere of government.
The Minister or MEC must publish in the relevant Gazette a notice listing activities and areas identified in terms of subsection24(2) and listing. the competent authorities identified in terms of subsection 24C.
Notwithstanding the provisions of any other Act. no person may commencean activity listed in terms of section 24(2)(a) or (b) unless the competent authoritv has =anted an environmental authorisation for the activitv, and no uerson may continue an existing.
It is an offence forany person to commence or continue any listed activitv.
(b) in contravention of the environmental authorisation granted for the activitv.
3, Sub-sections(1) and (2) donotapply if the activitv was commenced or continued in resuonse to an emergency, involving the safetv of humans or uropertv or the protection of the environment.
4) A person convicted of an offence in terms of subsection (2) is liable to a fine or imprisonment for a ueriodnotexceedingtenyears, or to both a fine and such imprisonment. A fine imposed in terms of this section shall not exceed three times the value of the activitv on completion.
A person convicted of an offence in terms of subsection 21, andwho after such conviction uersists 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 60 days for everv dav on which he or she so Dersists with such act or omission, or to both such fine and imprisonment.
After considering an aoplication, and any other additional information that the Minister may require.
Any association prouosing to register its members as environmental assessment practitioners may applv to the Minister to be auuointed as a registration authority in such manner as the Minister may determine.
f any other prescribed requirements.
The Minister must maintain a register of ail associations appointed as registration authorities in terms of this section.
Notwithstandin anv other powers they may have, the Minister or MEC may directany person who hascommenced or continued any listed activity in contravention of Chapter 5. or caused any listed activity to be commenced or continued in contravention of Chapter 5. to?
ivan environmental management plan;and V provide such other information or undertake such further studies as the Minister or MEC deem necessary.
(a)directsuch person to cease the activitv, either wholly or in part and rehabilitate the environment subiect to such conditions as the Minister or MEC may deem necessary: or fb) issue an environmental authorisation to such person subiect to such conditions as the Minister or MEC may deem necessarv.
TheMinister or MEC may. on goodcause shown, reduce the amount of the fine contemplated in subsection (2).
Amendment of section 43 of Act 107 of 1998 4.
Any affected person may appeal to the Minister against a decision taken by any person acting under a power delegated by theMinister under this Act 0r.a sDecific environmental management Act.
(2)Anv affected person may appeal to the relevant MEC against a decision taken bv any person acting under a power delegated by theMEC under this Act or a specific environmental management Act [Anappeal under subsection(1) must be noted and mustbe dealt within the manner prescribed].
@ any provision or condition of an environmental authorisation or exemDtion issued or granted in terms of chapter 5 of this Act?
An appeal under subsections (1)to (3) mustbenotedandmust be dealt with in the manner prescribed and upon pavment of a orescribed fee.
The Minister or MEC may, afterconsidering; such an appeal, confirm, set aside or vary thedecision, orovision, condition or directive or make any other aporooriate order, including; an order that the prescribed fee Daid by the appellant, or any part thereof, be refunded.
authorisation or exemption, or any provisions or conditions attached thereto, or any directive. unless the Minister or MEC directs otherwise.
Amendment of section 44of Act 107of 1998 5.
dealing with any matter which under this Act must, or mav, be dealt with by regulation; and generally, to carry out the purposes and the provisions of this Act.
Amendment of section 47 of Act 107of 1998 6.
the substitution for subsection (2) of the following subsection: "(2)The Minister or MEC must, within30 days after promulgating and publishing any regulations under this Act, [table] referthe re-plations to Parliament or the relevant provincial ledature as the case may be [in the National Assembly and the National Councilof Provinces and anMEC must so table the regulations in the relevant provincial legislature or, if Parliament or theprovincial legislature is then not in session, within 30 days after the beginningof the next ensuing session of Parliament or theprovincial legislature]."
Parliament or the relevant provincial legislature must consider the regulations and mav approve the regulations or disapprove the remlations and may suspend its disapproval for any period and on any conditions to allow the Minister or MEC to amend the regulations [correct a defect].
a right or privilege acquired or an obligation or liability incurred before it lapsed.
"(3) Any application madein terms of sections 21 or 22 of theEnvironment Conservation Act, 1989 (Act 73 of 1989) that has commenced but not been finalised when those sections are reuealed, shall be finalised as if those sections had not been reDealed."
Act No. 71 of 1962 Animal Protection Act, 1962 Sections 2(1) and 2A Act No. 45of 1965 Atmospheric Pollution Section 9 Prevention Act, 1965 Act No.
Act No. 63 of 1976 Mountain Catchnient Areas Section 14 in so far as it Act, 1976 relates to contraventionsof section 3 Act No.
I Act No.
Act No. 36 of 1998 Act No.
I Marine Pollution (Control and Civil Liability) Act, 1981 Conservation of Agricultural Resources Act, 1983 Marine Pollution (Prevention 3f Pollution from Ships) Act, 1986 !
This Act is calledtheNationalEnvironmentalManagementSecondAmendment Act, 2003,and takes effect on a date determined by the President by proclamation.